N.Y. EDN Law § 535 — New York Code / Act EDN / Title 1 / Article 11 / Section 535
Career retirement plan
Status: in_force

§ 535. Career retirement plan.  1. Any other provision of law to the\ncontrary notwithstanding, on or after July first, nineteen hundred\nseventy a member may retire pursuant to the provisions of this section\nwhen,\n  a. he has credit for thirty-five or more years of total service, or\n  b. he has attained age fifty-five or older and has received credit for\nfive or more years of full time New York state service, at least two of\nwhich have been rendered since the date upon which he last joined the\nretirement system and since June thirtieth, nineteen hundred\nsixty-seven, or\n  c. he has attained age fifty-five or older and has credit for two or\nmore years of full time service in the period subsequent to June\nthirtieth, nineteen hundred sixty-seven and has rendered two years of\nfull time New York state service in the period subsequent to his\nattainment of age fifty-three and subsequent to the date upon which he\nlast joined the retirement system by filing with the system a statement\nduly attested, setting forth at what time not less than thirty days nor\nmore than ninety days subsequent to the execution and filing thereof he\ndesires such retirement.\n  In the case of persons who last became members on or after July first,\nnineteen hundred seventy-three, the provisions of this section shall\napply only to those who retire prior to July first, nineteen hundred\nseventy-four.\n  2. A member who retires pursuant to the provisions of this section and\nwho is credited with at least twenty years of full time New York state\nservice at the time of his retirement, shall receive a pension\nconsisting of:\n  a. one and two-tenths per cent of his final average salary multiplied\nby the number of years of his credited New York state service rendered\nprior to July first, nineteen hundred fifty-nine, and\n  b. two per cent of his final average salary multiplied by the number\nof years of his credited New York state service rendered subsequent to\nJune thirtieth, nineteen hundred fifty-nine, and\n  c. one per cent of his final average salary multiplied by the number\nof years of out-of-state service to his credit, excluding, however, any\nsuch service credits which would bring his total years of credited\nservice above thirty-five years.\n  3. In addition to the pension allowance provided in subdivision two of\nthis section, a member who is credited with at least twenty years of\nfull time New York state service and retires during the month of July,\nnineteen hundred seventy, shall receive an added pension allowance equal\nto twelve per cent of the pension allowance provided in paragraphs a and\nb of subdivision two of this section. For persons retiring subsequent to\nJuly, nineteen hundred seventy, the added pension authorized hereunder\nshall be reduced at the rate of one-sixth of one per cent for each month\nthereafter.\n  4. A member who retires pursuant to the provisions of this section and\nwho is credited with less than twenty years of full time New York state\nservice at the time of his retirement shall receive a pension which is\ncomputed by multiplying the pension calculated in accordance with\nsubdivision two of this section by five per cent for each year of\ncredited full time state service, but in no event shall the pension\npayable pursuant to this subdivision be less than fifty per cent of the\npension computed in accordance with subdivision two of this section.\n  5. a. In lieu of the pension provided by subdivisions two and three of\nthis section, a member who retires pursuant to the provisions of this\nsection on or after July first, nineteen hundred seventy-six and who is\ncredited with at least twenty years of full-time New York state service\nat the time of his retirement, shall receive a pension consisting of:\n  1. one and eighty one-hundredths per cent of his final average salary\ntimes the number of years of his credited New York state service\nrendered prior to July first, nineteen hundred fifty-nine, and\n  2. two per cent of his final average salary times the number of years\nof his credited New York state service rendered subsequent to June\nthirtieth, nineteen hundred fifty-nine, and\n  3. one per cent of his final average salary times the number of years\nof out-of-state service to his credit, excluding, however, any such\nservice credits which would bring his total years of credited service\nabove thirty-five years.\n  b. In lieu of the pension provided by subdivision four of this\nsection, a member, who retires pursuant to the provisions of this\nsection on or after July first, nineteen hundred seventy-six and who is\ncredited with less than twenty years of full-time New York state service\nat the time of his retirement, shall receive a pension which is computed\nby multiplying the pension calculated in accordance with paragraph a of\nthis subdivision by five per cent for each year of credited full-time\nNew York state service, but in no event shall the pension payable\npursuant to this subdivision be less than fifty per cent of the pension\ncomputed in accordance with paragraph a of this subdivision.\n  6. In no event shall the pension provided pursuant to the provisions\nof this section exceed seventy-five per cent of the member's final\naverage salary.\n  7. A member who retires pursuant to the provisions of this section\nshall receive the service retirement pension provided by this section\nand such pension shall be in lieu of any other service retirement\npension and the pension for increased-take-home-pay otherwise authorized\nunder this article.\n  8. In addition to the service retirement pension provided by this\nsection, the member shall receive an annuity which shall be the\nactuarial equivalent of his accumulated contributions at the time of his\nretirement.\n  9. Nothing herein shall alter in any manner either the amount of the\ndeath benefit specified in paragraph three of subdivision b of section\nfive hundred twelve of this article or the date upon which a member is\nfirst eligible for the benefit described therein.\n  10. The benefits provided by this section shall be payable unless the\nmember would otherwise under the provisions of this article be entitled\nto a greater benefit, in which event the greater benefit shall be\npayable.\n  11. Anything in this article to the contrary notwithstanding, a person\nwho becomes a member on or after July first, nineteen hundred seventy,\nso long as this section is in effect, shall be permitted to establish\nhis eligibility for retirement under sections five hundred ten, five\nhundred eleven-a and five hundred thirty-three of this article, solely\nfor the purpose of entitling his estate or beneficiary to the death\nbenefit payable under paragraph three of subdivision b of section five\nhundred twelve of this article.\n  12. Anything in this article to the contrary notwithstanding, a person\nwho becomes a member on or after July first, nineteen hundred seventy,\nso long as this section is in effect, shall not be permitted to make\ncontributions pursuant to this article, except for purchase of prior\nservice credits or military service credits.\n  13. On and after July first, nineteen hundred seventy all members\nshall be deemed to have made the elections permitted under subdivision\none of section five hundred eleven-a and paragraph c of subdivision\nthree of section five hundred sixteen of this article, whether or not a\nformal application for such benefit was submitted to the retirement\nboard, and on and after July first, nineteen hundred seventy no\ncontribution shall be required of any member under subdivision one of\nsection five hundred eleven-a, as well as subdivision one and paragraph\nc of subdivision three of section five hundred sixteen of this article.\n
N.Y. EDN Law § 208 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 208
General examinations, credentials and degrees
Status: in_force

§ 208. General examinations, credentials and degrees.  The regents may\nconfer by diploma under their seal such honorary degrees as they may\ndeem proper, and may establish examinations as to attainments in\nlearning, and may award and confer suitable certificates, diplomas and\ndegrees on persons who satisfactorily meet the requirements prescribed.\n
N.Y. EDN Law § 805 — New York Code / Act EDN / Title 1 / Article 17 / Section 805
Asian American, Native Hawaiians and Pacific Islander history advisory committee; appointment; powers and duties
Status: in_force

* § 805. Asian American, Native Hawaiians and Pacific Islander history\nadvisory committee; appointment; powers and duties. 1. The commissioner\nshall establish an Asian American, Native Hawaiians and Pacific Islander\n(AANHPI) history advisory committee.\n  2. (a) The committee shall be comprised of four members, to be\nappointed as follows:\n  (i) one member appointed by the governor;\n  (ii) one member appointed by the temporary president of the senate;\n  (iii) one member appointed by the speaker of the assembly; and\n  (iv) one member appointed by the commissioner.\n  (b) All members appointed to the committee shall be experts in Asian\nAmerican, Native Hawaiians and/or Pacific Islander studies and/or have a\nbackground in educational instruction and/or educational administration.\n  (c) All members of the committee shall be appointed within ninety days\nof the effective date of this section.\n  3. Vacancies in the membership of the committee shall be filled in the\nsame manner provided for original appointments.\n  4. The committee shall meet no less than four times per year.\n  5. The committee shall provide recommendations on the following:\n  (a) high-quality K-12 curricular and instructional resources on AANHPI\nhistory; and\n  (b) strategies for strengthening and deepening public K-12 education\nprograms in the areas of AANHPI history, including analysis of the\nsurvey referenced in section two of the chapter of the laws of two\nthousand twenty-five that added this section.\n  6. The committee shall submit their recommendations to the\ncommissioner no later than two years after the effective date of this\nsection and be disbanded thereafter.\n  7. Committee members shall receive no compensation for their services,\nbut shall be allowed their actual and necessary expenses incurred in the\nperformance of their duties.\n  8. To effectuate the purposes of this section, the committee may\nrequest from any department, board, bureau, commission or other agency\nof the state, and the same are authorized to provide, such cooperation\nand assistance, services and data as will enable the committee to\nproperly carry out its functions pursuant to this section.\n  * NB Repealed December 12, 2028\n
N.Y. PEN Law § 490.45 — New York Code / Act PEN / Part 4 / Title Y-1 / Article 490 / Section 490.45
Criminal possession of a chemical weapon or biological weapon in the first degree
Status: in_force

§ 490.45 Criminal possession of a chemical weapon or biological weapon\n           in the first degree.\n  A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the first degree when he or she possesses:\n  1. any select chemical agent, with intent to use such agent to:\n  (a) cause serious physical injury to, or the death of, another person;\nand\n  (b) (i) intimidate or coerce a civilian population;\n  (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n  (iii) affect the conduct of a unit of government by murder,\nassassination, or kidnapping.\n  2. any select chemical agent, with intent to use such agent to cause\nserious physical injury to, or the death of, more than two other\npersons; or\n  3. any select biological agent, with intent to use such agent to cause\nserious physical injury to, or the death of, another person.\n  Criminal possession of a chemical weapon or biological weapon in the\nfirst degree is a class A-I felony.\n
N.Y. SOS Law § 145-A — New York Code / Act SOS / Article 5 / Title 1 / Section 145-A
Judgment liens
Status: in_force

§ 145-a. Judgment liens. 1. If any provider of care, services or\nsupplies under the medical assistance program is required to pay any\nfine, penalty or overpayment to the department, a social services\ndistrict or any other social services entity as a result of the\nprovisions of this chapter or as a result of any administrative\nprocedure, such provider shall make payment in the amount and the manner\ndirected by the commissioner or his or her agents, representatives or\ndesignees.\n  2. Upon the issuance to the provider of a written notice of a final\ndetermination, the department must also notify the provider in writing\nof the provider's right to request a hearing. The provider's right to\nrequest a hearing shall not expire earlier than sixty days from the\nmailing of such notice of the provider's right to a hearing.  If no\nadministrative hearing or proceeding for judicial review shall then be\npending and if the time for initiation of such hearing or proceeding\nshall have expired, the commissioner or his or her agents,\nrepresentatives or designees may file with the clerk of the county where\nthe provider resides or has a place of business a certified copy of the\nfinal administrative determination of the commissioner or his or her\nagents, whether in the form of a written final audit report or other\nfinal determination that such provider has engaged in unacceptable\npractices or has received payment to which such provider is not\nentitled, containing the amount found to be due. The filing of such\nfinal administrative determination shall have the full force and effect\nof a judgment duly docketed in the office of such clerk. The final\nadministrative determination may be enforced by and in the name of the\ncommissioner in the same manner, and with like effect, as that\nprescribed by the civil practice law and rules for the enforcement of a\nmoney judgment. Such final administrative determination shall not be\nfiled until at least sixty days after the department has posted by\nordinary mail to the provider at the address of such provider on file\nwith the department a copy of the final administrative determination\nwhich shall contain notice of the amount found to be due and owing.\n
N.Y. SOS Law § 374 — New York Code / Act SOS / Article 6 / Title 1 / Section 374
Authority to place out or board out children
Status: in_force

§ 374. Authority to place out or board out children. 1. An authorized\nagency is hereby empowered and permitted to place out and board out\nchildren.\n  1-a. In any agreement between an authorized agency and foster parents\nwith whom a child or children are to be placed or boarded, there shall\nbe contained therein the following language: "It is duly acknowledged by\nthe parties hereto that pursuant to the law of the state of New York, a\nfoster parent shall have preference in any proceedings to adopt the\nchild subject to this agreement upon such child having been in the\ncustody of such foster parent for a period in excess of twelve months".\n  2. No person, agency, association, corporation, institution, society\nor other organization except an authorized agency shall place out or\nboard out any child but the provisions of this section shall not\nrestrict or limit the right of a parent, legal guardian or relative\nwithin the second degree to place out or board out a child.\n  3. Except as hereinafter provided no court, public board, commission\nor official shall place out or board out a child in a family not\nresiding within this state.\n  (a) A commissioner of public welfare or a city public welfare officer\nauthorized, pursuant to the provisions of section three hundred\nninety-eight of the social welfare law, to accept the surrender of a\nchild, may place out a child for the purpose of adoption in a family not\nresiding within this state. No placement of a child in a family not\nresiding within this state shall be made unless an agreement for such\nplacement shall have been reached between the public welfare official\nmaking such placement and the appropriate welfare or other public\nofficial on a state or local level in the state where the family resides\nwho is authorized by law to supervise children in institutional or\nfoster care homes. Such agreement shall include provision for the\nsupervision of the family and the child during the period preceding a\nfinal adoption.\n  (b) A commissioner of public welfare or a city public welfare officer\nauthorized, pursuant to the provisions of section three hundred\nninety-eight of the social welfare law, to place children in family\nhomes, may board out a child in a family not residing within this state.\nNo child may be boarded out in a family not residing within this state\nunless an agreement for such placement shall have been reached between\nthe public welfare official making such placement and the appropriate\nwelfare or other public official on a state or local level in the state\nwhere the family resides who is authorized by law to supervise children\nin institutional or foster care homes. Such agreement shall include\nprovision for the supervision of the family and the child during the\nperiod while the child is boarded out.\n  4. (a) No hospital or lying-in asylum whether incorporated or\nunincorporated where women or girls may be received, cared for or\ntreated during pregnancy or during or after delivery except as\nhereinafter provided and no person licensed to carry on like work under\nthe provisions of article twenty-eight of the public health law shall be\nan authorized agency for placing out or boarding out children or place\nout any child in a foster home whether for adoption or otherwise either\ndirectly or indirectly or as agent or representative of the mother or\nparents of such child.\n  (b) Every such hospital and licensed person shall forthwith report to\nthe county or city officer or board charged by law with the care of\ndestitute children away from their homes where such hospital is located\nor where such child is cared for by such licensed person any child\nabandoned or left in the care or custody of such hospital or licensed\nperson provided, however, that no such report except as provided in\nsection three hundred seventy-two shall be required to be made by a\nhospital which is also an authorized agency.\n  (c) Such officer or board shall receive and care for such child as a\ndestitute or abandoned child and may bring the case of such child before\nthe family court in the county or city for adjudication.\n  (d) The expense of caring for such child as a public charge shall be\npaid as provided by this chapter.\n  5. Nothing contained in this section shall deprive any hospital of any\nright or power conferred upon it by its charter or act of incorporation\nor specified in its certificate of incorporation.\n  6. (a) An authorized agency, as defined in paragraphs (a) and (c) of\nsubdivision ten of section three hundred seventy-one of this title, may\ncharge or accept a fee or other compensation to or from a person or\npersons with whom it has placed out a child, for the reasonable and\nnecessary expenses of such placement; and no agency, association,\ncorporation, institution, society or organization, except such an\nauthorized agency, and no person may or shall request, accept or receive\nany compensation or thing of value, directly or indirectly, in\nconnection with the placing out or adoption of a child or for assisting\na birth parent, relative or guardian of a child in arranging for the\nplacement of the child for the purpose of adoption; and no person may or\nshall pay or give to any person or to any agency, association,\ncorporation, institution, society or organization, except such an\nauthorized agency, any compensation or thing of value in connection with\nthe placing out or adoption of a child or for assisting a birth parent,\nrelative or guardian of a child in arranging for the placement of the\nchild for the purpose of adoption. The prohibition set forth in this\nsection applies to any adoptive placement activity involving a child\nborn in New York state or brought into this state or involving a New\nYork resident seeking to bring a child into New York state for the\npurpose of adoption.\n  (b) This subdivision shall not be construed to prevent the payment of\nsalaries or other compensation by an authorized agency to the officers\nor employees thereof; nor shall it be construed to prevent the payment\nby a person with whom a child has been placed out of reasonable and\nactual medical fees or hospital charges for services rendered in\nconnection with the birth of such child or of other necessary expenses\nincurred by the birth mother in connection with or as a result of such\nbirth mother's pregnancy or the birth of the child, or of reasonable and\nactual nursing, medical or hospital fees for the care of such child, if\nsuch payment is made to the physician, nurse or hospital who or which\nrendered the services or to the birth mother of the child, or to prevent\nthe receipt of such payment by such physician, nurse, hospital or birth\nmother. This subdivision shall not be construed to prevent the payment\nby an adoptive parent, as defined in section one hundred nine of the\ndomestic relations law, of the birth mother's reasonable and actual\nexpenses for housing, maternity clothing, clothing for the child and\ntransportation for a reasonable period not to exceed one hundred eighty\ndays prior to the birth and the later of forty-five days after the birth\nor forty-five days after the parental consent to the adoption, unless a\ncourt determines, in writing, that circumstances exist which require the\npayment of the birth mother's expenses beyond the time periods stated in\nthis sentence. This subdivision shall not be construed to prevent the\npayment by an adoptive parent, as defined in section one hundred nine of\nthe domestic relations law, of reasonable and actual legal fees charged\nfor consultation and legal advice, preparation of papers and\nrepresentation and other legal services rendered in connection with an\nadoption proceeding or of necessary disbursements incurred for or in an\nadoption proceeding. No attorney or law firm shall serve as the attorney\nfor, or provide any legal services to both the birth parent and adoptive\nparent in regard to the placing out of a child for adoption or in an\nadoption proceeding. No attorney or law firm shall serve as the attorney\nfor, or provide any legal services to, both an authorized agency and\nadoptive parent or both an authorized agency and birth parent where the\nauthorized agency provides adoption services to such birth parent or\nadoptive parent, where the authorized agency provides foster care for\nthe child, or where the authorized agency is directly or indirectly\ninvolved in the placing out of such child for adoption.\n  7. After receipt of notice from the state commissioner of health or\nthe department of health of the city of New York, as the case may be,\nthat an application has been received by such commissioner or department\nfor a license or for the renewal of a license to conduct a maternity\nhospital or lying-in asylum, pursuant to the provisions of article\ntwenty-eight of the public health law, the department shall, after\nnotice to the applicant and opportunity for him to be heard, certify in\nwriting to such commissioner or city department that the department has\nreasonable cause to believe that the applicant is violating or has\nviolated the provisions of this section, if such be the case. The\ndepartment shall so certify within thirty days of the date it received\nnotice, or within such additional period, not to exceed thirty days, as\nthe department may request in writing addressed to the commissioner or\nadministration giving notice.\n
N.Y. GOB Law § 11-104 — New York Code / Act GOB / Article 11 / Title 1 / Section 11-104
Additional liability of drawer
Status: in_force

§ 11-104. Additional liability of drawer. 1. Notwithstanding any\ncontrary provision of law, a drawer negotiating a check who knows or\nshould know that payment of such check will be refused by the drawee\nbank either because the drawer has no account with such bank or because\nthe drawer has insufficient funds on deposit with such bank shall be\nliable, except as provided in subdivision four of this section, to the\npayee who has presented such check for payment, not only for the face\namount of the check but also for additional, liquidated damages, where\nthe check is dishonored and the drawer fails to pay the face amount of\nsuch check within thirty days following the date of mailing by the payee\nof the second written demand for payment as provided in this section.\n  2. In the case of a drawer negotiating a check who knows or should\nknow that payment of such check will be refused by the drawee bank\nbecause the drawer has no account with such bank, such additional,\nliquidated damages shall be in an amount to be determined by the court\nin light of the circumstances, but in no event shall such amount be\ngreater than twice the face amount of the check or seven hundred fifty\ndollars, whichever is less.\n  3. In the case of a drawer negotiating a check who knows or should\nknow that payment of such check will be refused by the drawee bank\nbecause the drawer has insufficient funds on deposit with such bank,\nsuch additional, liquidated damages shall be in an amount to be\ndetermined by the court in light of the circumstances, but in no event\nshall such amount be greater than twice the face amount of the check or\nfour hundred dollars, whichever is less.\n  4. The drawer shall not be liable to the payee for the additional,\nliquidated damages provided for by this section if:\n  (a) The drawer gave such check as payment for the rental of\nresidential premises; or\n  (b) The drawer gave such check as payment for residential service\nsupplied by a gas, electric, steam, telephone or water corporation; or\n  (c) The drawer gave such check as repayment of all, or a portion of, a\ndebt secured by collateral which the payee has repossessed.\n  5. Defenses which may be asserted against any person not having the\nrights of a holder in due course, as specified in sections 3-306 and\n3-408 of the uniform commercial code, shall be available to a defendant\nin any action or proceeding in which additional liability is claimed\nunder this section.\n  6. The additional liquidated damages provided for in this section\nshall be available only to those persons or entities which post or\notherwise give conspicuous notice to the public of the additional,\nliquidated damages which may be imposed pursuant to this section. Such\nnotice shall set forth the additional liquidated damages that may be\nimposed if a check is dishonored and the section of law authorizing\nimposition of such damages, and provide notice that criminal penalties\nalso may apply.\n  7. The first written demand for payment on the dishonored check shall\nbe in the form prescribed by subdivision eight of this section and shall\nbe sent to the drawer's last known residence address or last known place\nof business by first class mail and by certified mail return receipt\nrequested with delivery restricted to the drawer, on or after the date\nthe payee received notice that such check had been dishonored. The\nsecond written demand for payment on the dishonored check shall be in\nthe form provided in subdivision eight of this section and shall be sent\nto the drawer at the drawer's last known residence address or last known\nplace of business by first class mail on or after the fifteenth day\nfollowing the date of receipt of the first written demand for payment.\n  8. The written demands for payment required by subdivision seven of\nthis section, shall be in the following form and shall be printed in at\nleast ten point type in both the English and Spanish languages:\n                  DEMAND FOR PAYMENT OF DISHONORED CHECK\nDATE:                                1ST NOTICE\n                                     2ND AND FINAL NOTICE\nTO: _____________________            WARNING: YOU MAY BE\n    NAME OF DRAWER                   SUED 30 DAYS AFTER\n    _____________________            THE DATE OF THIS\n    _____________________            NOTICE IF YOU DO\n    _____________________            NOT MAKE PAYMENT\nLAST KNOWN RESIDENCE ADDRESS\n      OR PLACE OF BUSINESS\nYOUR CHECK IN THE AMOUNT OF $___________ DATED____________________\n  PAYABLE TO THE ORDER OF__________________ HAS BEEN DISHONORED BY\nTHE BANK UPON WHICH IT WAS DRAWN, BECAUSE:\n________YOU HAD NO ACCOUNT WITH THAT BANK.\n________YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THAT BANK.\nIF  YOU DO NOT MAKE PAYMENT, YOU MAY BE SUED UNDER SECTION 11-104 OF THE\nGENERAL OBLIGATIONS LAW TO RECOVER PAYMENT. IF A  JUDGMENT  IS  RENDERED\nAGAINST  YOU  IN COURT, IT MAY INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT\nOF THE CHECK, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES, AS FOLLOWS:\n  --IF YOU HAD NO ACCOUNT WITH THE BANK UPON WHICH THE CHECK WAS DRAWN,\nAN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE THE FACE AMOUNT OF\nTHE CHECK OR SEVEN HUNDRED FIFTY DOLLARS, WHICHEVER IS LESS; OR\n  --IF YOU HAD INSUFFICIENT FUNDS ON DEPOSIT WITH THE BANK UPON WHICH\nTHE CHECK WAS DRAWN, AN ADDITIONAL SUM WHICH MAY BE EQUIVALENT TO TWICE\nTHE FACE AMOUNT OF THE CHECK OR FOUR HUNDRED DOLLARS, WHICHEVER IS LESS.\nPLEASE MAKE PAYMENT IN THE AMOUNT OF_______ TO:\n    ____________________________________________________________________\n    NAME OF PAYEE\n    ____________________________________________________________________\n    ____________________________________________________________________\n    ____________________________________________________________________\n                ADDRESS TO WHICH PAYMENT SHOULD BE DELIVERED\n    IF YOU DISPUTE ANY OF THE FACTS  LISTED  ABOVE,  CONTACT  THE  PAYEE\n  IMMEDIATELY.\n    9. The public service commission shall study the extent to which\n  checks given in payment for residential service supplied by a gas,\n  electric, steam, telephone or water corporation are dishonored either\n  because the drawer had no account with the bank on which the check was\n  written or because the drawer had insufficient funds on deposit with\n  such bank, including the extent of chronic payment with checks that\n  are dishonored and the impact of such dishonored checks on the\n  operating costs of these corporations and their requests for rate\n  increases, and whether any penalty for dishonored checks, in addition\n  to recovery of the utilities' administrative costs, is necessary. The\n  commission shall report to the governor and the legislature no later\n  than one year after the effective date of this section.\n
N.Y. PBA Law § 3659 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3659
Agreement with the county
Status: in_force

§ 3659. Agreement with the county. The county is authorized to pledge\nto and agree with the holders of any issue of bonds issued by the\nauthority pursuant to this title and secured by such a pledge that the\ncounty will not limit, alter or impair the rights hereby vested in the\nauthority to fulfill the terms of any agreements made with such holders\npursuant to this title, or in any way impair the rights and remedies of\nsuch holders or the security for such bonds until such bonds, together\nwith the interest thereon and all costs and expenses in connection with\nany action or proceeding by or on behalf of such holders, are fully paid\nand discharged. Nothing contained in this title shall be deemed to\nrestrict any right of the county to amend, modify or otherwise alter\nlocal laws, ordinances or resolutions imposing or relating to the taxes\nimposed pursuant to the authority of article twenty-nine of the tax law\nor other taxes or fees or appropriations related to any such taxes or\nfees, so long as, after giving effect to such amendment, modification or\nother alteration, the amount of tax revenues projected by the authority\nto be available during each of its fiscal years following the effective\ndate of such amendment, modification or other alteration shall be not\nless than two hundred percent of maximum annual debt service on\nauthority bonds then outstanding. Subject to the foregoing sentence, the\nauthority shall not include in any resolution, contract or agreement\nwith the holders of its bonds any provision which provides that a\ndefault occurs as a result of the county exercising its right to amend,\nmodify, or otherwise alter such taxes imposed pursuant to the authority\nof article twenty-nine of the tax law or other taxes or fees. Nothing in\nthis title shall be deemed to obligate the county to make additional\npayments or impose taxes other than those imposed pursuant to the\nauthority of paragraph one of subdivision (a) of section twelve hundred\nten of the tax law to satisfy the debt service obligations of the\nauthority.\n
N.Y. MDW Law § 211 — New York Code / Act MDW / Article 7 / Title 1 / Section 211
Height and bulk
Status: in_force

§ 211. Height and bulk. 1. No tenement shall be increased in height so\nthat its height shall exceed by more than one-half the width of the\nwidest street upon which it stands. Except as otherwise provided in\nsubdivision four of this section, no non-fireproof tenement shall be\nincreased in height so that it shall exceed five stories, except that\nany tenement may be increased to any height permitted for multiple\ndwellings erected after April eighteenth, nineteen hundred twenty-nine,\nif such tenement conforms to the provisions of this chapter governing\nlike multiple dwellings erected after such date.\n  2. If there are bulkheads, superstructures or penthouses exceeding ten\nfeet in height or exceeding in aggregate area ten per centum of the area\nof the roof, the measurement of height shall be taken to the top of such\nbulkhead, superstructure or penthouse, except that this shall not apply\nto elevator enclosures not exceeding twenty-three feet in height used\nsolely for elevator purposes, nor to open pergolas or similar open\nornamental treatment of roof-gardens or playgrounds.\n  3. In a fireproof tenement house in which one or more passenger\nelevators are operated, penthouses may be erected on the main roof.\nSuch penthouses shall be set back at least five feet from the front\nwalls and ten feet from the rear walls of the dwelling and at least\nthree feet from any court wall. Such penthouses shall have a clear\ninside height of not less than nine feet from finished floor to finished\nceiling, and shall not exceed twelve feet in height from the high point\nof the main roof to the highest point of the penthouse roof.  Such\npenthouses shall not be deemed to affect the measurement of height of\nthe dwelling. All such penthouses shall be entirely fireproof except\nthat windows shall not be required to be glazed with wire glass.\n  4. Any non-fireproof old-law tenement five stories in height may be\nincreased in number of stories to six provided that such increase in\nnumber of stories does not result in an increase in the height of the\nroof beams above the curb level. In any tenement so altered, the first\nfloor above the lowest cellar, or, if there be no cellar, above the\nbasement or other lowest story, shall be fireproof. Any yard or court of\nsuch altered tenement shall not be less in any dimension than the\nminimum dimensions prescribed in section twenty-six.\n
N.Y. ENV Law § 58-0105 — New York Code / Act ENV / Article 58 / Title 1 / Section 58-0105
Powers and duties
Status: in_force

§ 58-0105. Powers and duties.\n  In implementing the provisions of this article the department is\nhereby authorized to:\n  1. Administer funds generated pursuant to the "clean water, clean air,\nand green jobs environmental bond act of 2022 ".\n  2. In the name of the state, as further provided within this article,\ncontract to make, within the limitations of appropriations available\ntherefor, state assistance payments toward the cost of a project\napproved, and to be undertaken pursuant to this article.\n  3. Approve vouchers for the payments pursuant to an approved contract.\n  4. Enter into contracts with any person, firm, corporation,\nnot-for-profit corporation, agency or other entity, private or\ngovernmental, for the purpose of effectuating the provisions of this\narticle.\n  5. Promulgate such rules and regulations and to develop such forms and\nprocedures necessary to effectuate the provisions of this article,\nincluding but not limited to requirements for the form, content, and\nsubmission of applications by municipalities for state financial\nassistance.\n  6. Delegate to, or cooperate with, any other state entity in the\nadministration of this article.\n  7. Perform such other and further acts as may be necessary, proper or\ndesirable to carry out the provisions of this article.\n
N.Y. EDN Law § 479 — New York Code / Act EDN / Title 1 / Article 10-B / Section 479
Relationship with the board of education of the city of Yonkers
Status: in_force

§ 479. Relationship with the board of education of the city of\nYonkers.  In  order most effectively to carry out its corporate\npurposes, the fund shall cooperate with the commissioner of finance and\nthe board of education of the city of Yonkers in matters relating to\nland acquisition and capital planning for school buildings and\nfacilities.  During the course of construction, reconstruction,\nrehabilitation and improvement of combined occupancy structures the fund\nshall consult with personnel of such board as the work progresses in\nmatters relating to space requirements, site plans, architectural\nconcept, and substantial changes in the plans and specifications there-\nfor, and in matters relating to the original furnishings, equipment,\nmachinery and apparatus needed to furnish and equip the school portion\nof such buildings and structures, upon the completion of work.  The\nboard, on its part, shall perform such functions and services for the\nfund as may be requested and the fund shall pay to the board, from any\nmonies of the fund available for such purpose, the reasonable cost of\nsuch functions and services.\n
N.Y. EDN Law § 1104 — New York Code / Act EDN / Title 1 / Article 23 / Part 1 / Section 1104
State aid
Status: in_force

§ 1104. State aid.  1. The commissioner of education in the annual\napportionment of public moneys shall apportion therefrom to each county\nmaintaining approved vocational education and extension work, a quota\namounting to one-half  of the salary paid each teacher, director,\nassistant, and supervisor, but not to exceed ten thousand five hundred\ndollars on account of the employment of such teacher, director,\nassistant or supervisor.\n  2. Notwithstanding the provisions of subdivision one of this section\nor chapters fifty-three and three hundred ninety-one of the laws of\nnineteen hundred eighty-nine or any other provision of law to the\ncontrary, aid payable to county vocational education and extension\nboards in the spring of nineteen hundred ninety shall be reduced by an\namount equal to the amount that would have been paid pursuant to section\nfive hundred twenty-one of this chapter to the New York state teachers'\nretirement system on behalf of such board.\n
N.Y. EDN Law § 501 — New York Code / Act EDN / Title 1 / Article 11 / Section 501
Definitions
Status: in_force

§ 501. Definitions. The following words and phrases used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context: 1. "Retirement system" shall mean the\nNew York state teachers' retirement system provided for in section five\nhundred two of this article.\n  2. "Retirement board" shall mean the retirement board provided by\nsection five hundred four of this article.\n  3. "Employer" shall mean the state of New York, the city, the village,\nschool district board or trustee, or other agency of and within the\nstate by which a teacher is paid.\n  4. "Teacher" shall mean any regular teacher, special teacher,\nincluding any school librarian or physical training teacher, principal,\nvice-principal, supervisor, supervisory principal, director,\nsuperintendent, city superintendent, assistant city superintendent,\ndistrict superintendent and other member of the teaching or professional\nstaff of any class, public school, vocational school, truant reformatory\nschool or parental school, and of any or all classes of schools within\nthe state of New York, including schools on the Indian reservation,\nconducted under the order and superintendence of and wholly or partly at\nthe expense of the New York state education department or of a duly\nelected board of education, board of school directors or board of\ntrustees of the state or of any city or school district thereof,\nprovided that no person shall be deemed a teacher within the meaning of\nthis article who is not so employed for full time outside vacation\nperiods. The word, "teacher," shall also include any person employed in\nthe state education department who at the time he entered such\nemployment, or within one year prior thereto, was a teacher within the\nforegoing definition, or who was engaged in such department in the\nperformance of duties pertaining to instructional services prior to\nSeptember first, nineteen hundred eighty-six or who provides\ninstructional services at the New York state school for the blind or the\nNew York state school for the deaf, but shall not include a person who\nis a teacher within the foregoing definition, and who elects to become a\nmember of the New York state employees' retirement system pursuant to\nparagraph five of subdivision c of section forty of the retirement and\nsocial security law upon his entry, on or after April first, nineteen\nhundred fifty, into his employment as such a teacher in a state-operated\ninstitution or community college under the jurisdiction of the board of\ntrustees of the state university, or who is a teacher within the\nforegoing definition, and who elects to become a member of the New York\ncity employees' retirement system, upon his entry, on or after April\nfirst, nineteen hundred fifty-six, into his employment as such a teacher\nin a community college operated by the city of New York, or who is a\nteacher within the foregoing definition, and who elects the optional\nretirement program established either by article eight-b or by article\nthree, part V of this chapter. In all cases of doubt, the retirement\nboard shall determine whether any person is a teacher as defined in this\narticle.\n  5. "Present teacher" shall mean any teacher who was a teacher on or\nbefore the first day of August, nineteen hundred twenty-one, whose\nmembership in the retirement system created by this article has been\ncontinuous and\n  a. who became a member of the retirement system created by this act on\nor before the first day of May, nineteen hundred twenty-four, provided\nthat any such teacher becoming a member after the establishment of the\nsystem pay to the system on entrance the amount he would have\ncontributed had he become a member as of the date of establishment; or\n  b. who was a member of a local district pension system on or before\nthe first day of August, nineteen hundred twenty-one, who continued\nthereafter to be a member until he, with the membership of such local\ndistrict pension system, became a member of the retirement system\ncreated by this article.\n  6. "New entrant" shall mean any teacher who is a member of the\nretirement system except a present teacher.\n  7. "Contributor" shall mean any member of the retirement system who\nhas an account in the annuity savings fund as provided by this article.\n  8. "Beneficiary" shall mean any person in receipt of a retirement\nallowance or other benefit as provided by this article.\n  9. "Regular Interest" a. For the purpose of crediting interest to\nindividual accounts in the annuity savings fund, regular interest shall\nmean interest at five per centum per annum, compounded annually.\n  b. For the purpose of the actuarial valuations specified in\nsubdivision two of section five hundred seventeen of this article,\nregular interest shall mean the valuation rate of interest recommended\nby the system's actuary and approved by the retirement board from time\nto time.\n  c. Notwithstanding any other provision of this article, the annuity\nvalues, option factors and reserves to be used to determine the amount\nof any benefit payable under the provisions of this article, except the\nbenefit payable under paragraph three of subdivision b of section five\nhundred twelve of this article, provided that the right to the initial\npayment of the benefit accrues during the period that this subdivision\nis in effect, shall be based upon an assumed interest rate of four per\ncentum per annum compounded annually. In the case of any person retiring\non or after January first, nineteen hundred eighty-six, the assumed\ninterest rate shall be such rate as recommended by the system's actuary\nand approved by the retirement board from time to time not to exceed\nseven per centum per annum compounded annually, provided, however, that\nthe authority to use a rate in excess of four per centum per annum\ncompounded annually shall only become effective if the courts have\nalready finally determined, as to all members, beneficiaries and\nretirees of the retirement system, the proper application of the\ndecision of the United States supreme court in the case of Arizona\nGoverning Committee for Tax Deferred Annuities and Deferred Compensation\nPlans v. Norris, 103 S.Ct. 3492 (1983). The exercise of this authority\nwith respect to any class of annuitants, shall be an authority which is\nvested exclusively in the retirement board and nothing herein shall be\nconstrued as requiring a retroactive application of this authority at\nthe time when such authority becomes available to the retirement board\nas set forth above.\n  10. "Accumulated contributions" shall mean the sum of all the amounts\ndeducted from the compensation of a contributor, and credited to his\nindividual account in the annuity savings fund together with regular\ninterest thereon. The interest on any contributions made after July\nfirst, nineteen hundred fifty-seven and prior to the date of receipt of\nthem by the board shall be added to the accumulated contributions of the\nmember in accordance with regulations of the retirement board.\n  11. a. "Final average salary" shall mean the average annual\ncompensation earnable as a teacher during the five years of service\nimmediately preceding his date of retirement, or it shall mean the\naverage annual compensation earnable as a teacher during any five\nconsecutive years of state service, said five years to be selected by\nthe applicant prior to date of retirement. In the case of a member with\na membership date prior to the seventeenth day of June, nineteen hundred\nseventy-one, a contribution by an employer on behalf of such member to a\ndefined contribution plan qualified under subsection a of section four\nhundred one of the Internal Revenue Code of nineteen hundred eighty-six,\nas amended and maintained by such employer may be treated as\ncompensation for the purposes of this paragraph, provided such\ncontribution would otherwise have been treated as compensation, had it\nbeen paid directly to the member at the time the contribution was made.\n  b. Notwithstanding anything to the contrary in this article,\ncommencing July first, nineteen hundred sixty-nine, "Final Average\nSalary" shall mean the average regular compensation earned as a teacher\nduring the three years of actual service immediately preceding his date\nof retirement, or any other three years of consecutive service upon\napplication of the member, exclusive of any lump sum payments for sick\nleave, annual leave or any other form of termination pay; provided,\nhowever, if the compensation earned in any twelve months exceeds that of\nthe previous twelve months by more than twenty percentum, the amount in\nexcess of twenty percentum shall be excluded in the computation of final\naverage salary. In the case of persons who last became members on or\nafter July first, nineteen hundred seventy-three, the provisions of this\nparagraph b shall apply only to those retiring from service prior to\nJuly first, nineteen hundred seventy-four.\n  12. "Annuity" shall mean the annual payments for life derived from\ncontributions made by contributor as provided in this article. All\nannuities shall be paid in equal monthly installments.\n  13. "Pension" shall mean the annual payments for life derived from\npayments made by an employer as provided in this article. All pensions\nshall be paid in equal monthly installments.\n  14. "Retirement allowance" shall mean the pension plus the annuity\n  15. "Annuity reserve" shall mean the present value of all payments to\nbe made on account of any annuity, or benefit in lieu of any annuity,\ncomputed upon the basis of such mortality tables as shall be adopted by\nthe retirement board with regular interest.\n  16. "Pension reserve" shall mean the present value of all payments to\nbe made on account of any pension, or benefit in lieu of any pension,\ncomputed upon the basis of such mortality tables as shall be adopted by\nthe retirement board with regular interest.\n  17. "Retirement fund" shall mean the state teachers' retirement fund\nfor public school teachers of the state of New York as created by\nchapter one hundred forty of the laws of nineteen hundred ten, chapter\nfour hundred forty-nine of the laws of nineteen hundred eleven, chapter\nforty-four of the laws of nineteen hundred fourteen, chapter one hundred\nthree of the laws of nineteen hundred nineteen and chapter one hundred\nsixty-one of the laws of nineteen hundred twenty-three.\n  18. "Local district pension system" shall mean any teachers'\nretirement system or other arrangement for the payment of pensions or\nannuities to teachers exclusive of the retirement fund, created in any\ncity or school district of this state prior to the first day of August,\nnineteen hundred twenty-one.\n  19. "Service" shall mean actual teaching or supervision by the teacher\nduring regular school hours of the day, and shall mean governmental\nservice in the state of New York in another capacity where the teacher\nwas a member of the New York state employees retirement system, and\nwhere such service was credited to the teacher in the said New York\nstate employees retirement system. Leave of absence with pay granted by\nthe employer may be considered service under regulations prescribed by\nthe retirement board. In all such leaves of absence the salary actually\nreceived shall be deemed to be the earnable compensation of such teacher\nwithin the meaning of this article, provided, however, that in the case\nof a member who dies at any time during the period from July first,\nnineteen hundred sixty-four through June thirtieth, nineteen hundred\nseventy-four, who is entitled to a death benefit in accordance with\nparagraph two of subdivision b of section five hundred twelve and who\nwas on a leave of absence with pay in the last twelve months of service,\nthen the compensation earnable by such member during the last twelve\nmonths of service while a member shall be the amount of salary such\nmember would have earned had such member not been on such leave of\nabsence.\n
N.Y. PBH Law § 1305 — New York Code / Act PBH / Article 13 / Title 1 / Section 1305
Nuisances; abatement by local boards of health
Status: in_force

§ 1305. Nuisances; abatement by local boards of health.  1. The\nowners, agents and occupants of any premises shall permit sanitary\nexaminations and inspections to be made pursuant to the provisions of\nthis article.\n  2. If the owner or occupant of any premises whereon any nuisance or\ncondition deemed to be detrimental to the public health exists or the\ncause of the existence elsewhere, fails to comply with any order or\nregulation of any local board or health officer having the power of a\nlocal board of health for the suppression and removal of any such\nnuisance or other matter, in the judgment of the board or health officer\ndetrimental to the public health, made, served or posted as required in\nthis article, such board or its agents or employees may enter upon the\npremises to which such order or regulation relates, and suppress or\nremove such nuisance or other matter.\n
N.Y. PBH Law § 300 — New York Code / Act PBH / Article 3 / Title 1 / Section 300
Local boards of health; continuation
Status: in_force

§ 300. Local boards of health; continuation. There shall continue to\nbe local boards and departments of health and health officers in the\nseveral counties, cities, villages and towns of the state except as\notherwise provided by law.\n
N.Y. EDN Law § 503 — New York Code / Act EDN / Title 1 / Article 11 / Section 503
Membership of system
Status: in_force

§ 503. Membership of system. 1. The membership of the retirement\nsystem shall consist of the following:\n  a. All teachers who were teachers on or before the first day of\nAugust, nineteen hundred twenty-one, who shall file with the retirement\nboard applications for membership, except those specifically excluded\nunder subdivision four of this section.\n  b. All teachers who were not teachers on or before the first day of\nAugust, nineteen hundred twenty-one, except those specifically excluded\nunder subdivision four of this section.\n  2. The retirement board may, in its discretion, deny the right to\nbecome members to any class of teachers whose compensation is only\npartly paid by the employer or who are serving on a temporary or any\nother than a per annum basis, and it may also, in its discretion, make\noptional with members in any such class their individual entrance into\nmembership.\n  3. The membership of any person in the retirement system shall cease\nwhen seven years have elapsed since the member has performed service as\na teacher which was credited with the system except as provided in\nsection five hundred twelve-a of this article, or upon the withdrawal by\na contributor of his accumulated contributions as provided in this\narticle, or upon retirement on a pension, or at death, except that the\nmembership of a teacher, who has not withdrawn his contributions shall\nnot be cancelled if he (a) has not had sufficient service to be eligible\nfor disability retirement, and proves to the satisfaction of the\nretirement board that absence from service was caused by personal\nillness constituting disability or (b) is eligible to receive a\nretirement allowance from the system for other than disability.\n  4. Teachers who are members or who become members of a local district\npension system maintained under the laws of the state from\nappropriations or contributions made wholly or partly by an employer\nshall be excluded from membership in this retirement system.\n  5. A retired teacher receiving a retirement allowance for other than\ndisability may return to active public service. Any such retired teacher\nreturning to active service shall immediately notify the retirement\nboard of his intention. Except as otherwise provided in sections two\nhundred eleven and two hundred twelve of the retirement and social\nsecurity law and section one hundred fifty of the civil service law, his\nretirement allowance shall be suspended during the time he is in active\nservice. If such teacher has not elected an optional benefit, the\npayments of his annuity so suspended shall be held in the annuity\nreserve fund at regular interest, and upon the resumption of his\nretirement allowance after again leaving the active service such\naccumulated amounts shall be applied to increase the annuity otherwise\npayable to him or in the event of his death while in active service such\naccumulated amounts shall be paid to his estate or to such person as\nlast designated as the beneficiary of his accumulated contributions. If\nsuch teacher has elected an optional benefit and dies while in active\nservice, the optional benefit in respect of his annuity shall be payable\nas if no annuity payments had been suspended, but the optional benefit\nin respect of his pension shall not be payable in excess of the\nproportion that the cost of such optional pension, when measured by the\ndifference between his pension without optional modification and the\noptional pension, is currently covered by the amount of the annuity\npayments suspended while he is in active service, which difference shall\nbe paid during the period of his active service from the annuity reserve\nfund to the fund from which his pension was payable. If, however, such\nfull cost of the optional pension is greater than the suspended annuity\npayments, the teacher may elect upon returning to active service to pay\nthe amount of such difference directly to the retirement system to be\ncredited to the fund from which his pension was payable, and subject to\nsuch payments monthly in advance, or at such other intervals as may be\nagreed upon with the retirement board, the optional benefit in respect\nof the pension shall be payable in the event the teacher dies while in\nactive service, as if no pension payments had been suspended. If the\nsuspended annuity payments are greater than such full cost of the\noptional pension, the amount of such difference shall be held at regular\ninterest in the annuity reserve fund, and upon the resumption of his\nretirement allowance after again leaving active service such accumulated\namounts shall be applied to increase the annuity otherwise payable to\nhim, or in the event of his death while in active service such\naccumulated amounts shall be paid to his estate or to the beneficiary\nnominated under the option.\n  6. Credit for service in war after world war I, which shall mean\nmilitary service during the period commencing the first day of July,\nnineteen hundred forty, and terminating the thirtieth day of June,\nnineteen hundred forty-seven, or during the period commencing the\ntwenty-seventh day of June, nineteen hundred fifty, and terminating the\nthirty-first day of January, nineteen hundred fifty-five, or during both\nsuch periods, as a member of the armed forces of the United States, of\nany person who (i) has been honorably discharged or released under\nhonorable circumstances from such service, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or service by\none who was employed by the War Shipping Administration or Office of\nDefense Transportation or their agents as a merchant seaman documented\nby the United States Coast Guard or Department of Commerce, or as a\ncivil servant employed by the United States Army Transport Service\n(later redesignated as the United States Army Transportation Corps,\nWater Division) or the Naval Transportation Service; and who served\nsatisfactorily as a crew member during the period of armed conflict,\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\ni.e., foreign, intercoastal, or coastwise service as such terms are\ndefined under federal law (46 USCA 10301 & 10501) and further to include\n"near foreign" voyages between the United States and Canada, Mexico, or\nthe West Indies via ocean routes, or public vessels in oceangoing\nservice or foreign waters and who has received a Certificate of Release\nor Discharge from Active Duty and a discharge certificate, or an\nHonorable Service Certificate/Report of Casualty, from the Department of\nDefense or who served as a United States civilian employed by the\nAmerican Field Service and served overseas under United States Armies\nand United States Army Groups in world war II during the period of armed\nconflict, December seventh, nineteen hundred forty-one through May\neighth, nineteen hundred forty-five, and (iv) who was discharged or\nreleased therefrom under honorable conditions, or (v) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (vi) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (vii) was discharged or released therefrom under honorable\nconditions, or (viii) has a qualifying condition, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, or (ix) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, and who was a teacher in the public\nschools of this state at the time of his or her entrance into the armed\nforces of the United States, provided no compensation was received under\nthe provisions of section two hundred forty-two of the military law, and\nwho returned to public school teaching following discharge or completion\nof advanced education provided under servicemen's readjustment act of\nnineteen hundred forty-four, or who following such discharge or release\nentered into a service which would qualify him or her pursuant to\nsection forty-three of the retirement and social security law to\ntransfer his or her membership in the New York state teachers'\nretirement system, shall be provided as follows, any provisions of\nsection two hundred forty-three of the military law to the contrary\nnotwithstanding.\n  (a) Service in war after world war I as defined in this subdivision\nshall be deemed to be service for all purposes of the retirement fund,\nprovided claim for such service shall be filed by the member with the\nretirement board within two years following his return to active\nteaching service or the entry of the member into a service which would\nqualify him pursuant to section fifty-nine of the civil service law to\ntransfer his membership to the New York city employees' retirement\nsystem or to the New York state employees' retirement system or the\nfifteenth day of April, nineteen hundred sixty-seven, whichever is\nlater.\n  (b) For the purposes of computing final average salary, compensation\nduring any period of service in war after world war I shall be deemed to\nhave been at the member's rate of compensation in effect immediately\nprior to such period, or based on additional increments due him if he\nhad continued teaching.\n  (c) Contributions paid by any member under the provisions of section\ntwo hundred forty-three of the military law shall be refunded directly\nto the member and the corresponding contribution paid by the district\nshall also be returned directly to the district.\n  (d) On the retirement of a member with credit for service in war after\nworld war I as defined in this subdivision, there shall be transferred\nfrom the pension accumulation fund to the annuity reserve fund a sum\nequivalent to the contributions the member would have made to the\nannuity savings fund had he contributed during his period of service in\nwar after world war I at the rate in effect immediately prior to such\nperiod, or on additional increments due him if he had continued\nteaching, with interest to the date of retirement, which amounts shall\nbe used to provide an annuity for him.\n  (e) In addition to the contributions required of employers to the\nretirement system as otherwise provided, there shall be paid an\nadditional contribution to the pension accumulation fund to cover the\ncost of the additional benefits covered by this subdivision. The\nadditional contributions shall be collected by increasing the regular\ncontributions of the employers in the same proportion as the liabilities\nof the pension accumulation fund are increased by the adoption of this\nsubdivision.\n  7. A teacher, who was a member of the New York state teachers\nretirement system but who withdrew his or her accumulated contributions\nimmediately prior to his or her entry into, or during his or her service\nin the armed forces of the United States in war after World War I, who\n(i) has been honorably discharged or released from service, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, provided no compensation was received under the provisions of\nsection two hundred forty-two of the military law, and who returned to\npublic school teaching in the state of New York following such discharge\nor release, or following completion of advanced education provided under\nservicemen's readjustment act of nineteen hundred forty-four, any\nprovisions of section two hundred forty-three of the military law to the\ncontrary notwithstanding, will be entitled to credit for service in war\nafter World War I, cost free, provided, however, that such credit will\nnot be allowed until he or she claims and pays for all prior teaching\nservice credited to him or her at the time of his or her termination of\nmembership in the New York state teachers retirement system, and\nprovided further that claim for such service in war after World War I\nshall be filed by the member with the retirement board before the first\nday of July, nineteen hundred sixty-eight.\n  8. A teacher who had been granted credit for service in war after\nworld war I as provided in this section and whose membership in the New\nYork state teachers retirement system subsequently ceased by reason of\nwithdrawal of his accumulated contributions will, upon rejoining the New\nYork state teachers retirement system, be entitled to the same credit\nfor service in war after world war I, cost free, that he was credited\nwith upon termination of his membership in the New York state teachers\nretirement system, provided, however, that such credit will not be\nallowed until he claims and pays for all prior teaching service credited\nto him at the time of his termination of membership in the New York\nstate teachers retirement system.\n  9. Credit for emergency service on or after October first, nineteen\nhundred sixty-one, shall mean active duty (other than for training) in\nthe armed forces of the United States as defined in title ten of the\nUnited States code on or after October first, nineteen hundred sixty-one\nand terminating on June thirtieth, nineteen hundred sixty-three or on\nthe date that no reserve component unit originally ordered into the\nactive service of the United States from the state on or after October\nfirst, nineteen hundred sixty-one remains on such active service,\nwhichever sooner occurs, of any person who:\n  a. was a teacher in the public schools of this state at the time of\nhis entrance into such armed forces,\n  b. was a member of the New York state teachers' retirement system and\nan employee of the state or of an employer at the time he entered such\narmed forces,\n  c. (i) has been honorably discharged or released under honorable\ncircumstances from such service, or (ii) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n  d. returned to public school teaching within one year following\ndischarge or release, or completion of advanced education provided by\nthe United States for education of Korean conflict veterans, or who\nfollowing such discharge or release entered into a service which would\nqualify him, pursuant to section forty-three of the retirement and\nsocial security law, to transfer his membership in the New York state\nteachers retirement system. Such service shall not include any periods\nduring which compensation was received by the member for accrued\nvacation and overtime credit or under the provisions of section two\nhundred forty-two of the military law or section six of chapter six\nhundred eight of the laws of nineteen hundred fifty-two.\n  Emergency service on or after October first, nineteen hundred\nsixty-one, shall for the purposes of this article be deemed credit for\nservice in war after world war I.\n  10. Credit for certain World War II service.  a. In addition to credit\nfor military service pursuant to section two hundred forty-three of the\nmilitary law and subdivisions six through nine of this section, a member\nemployed as a full-time teacher by an employer as defined in subdivision\nthree of section five hundred one of this article and who joined the\nretirement system prior to July first, nineteen hundred seventy-three,\nmay obtain credit for military service not in excess of three years and\nnot otherwise creditable under section two hundred forty-three of the\nmilitary law and subdivisions six through nine of this section, rendered\non active duty in the armed forces of the United States during the\nperiod commencing July first, nineteen hundred forty, and terminating\nDecember thirty-first, nineteen hundred forty-six, or on service by one\nwho was employed by the War Shipping Administration or Office of Defense\nTransportation or their agents as a merchant seaman documented by the\nUnited States Coast Guard or Department of Commerce, or as a civil\nservant employed by the United States Army Transport Service (later\nredesignated as the United States Army Transportation Corps, Water\nDivision) or the Naval Transportation Service; and who served\nsatisfactorily as a crew member during the period of armed conflict,\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\ni.e., foreign, intercoastal, or coastwise service as such terms are\ndefined under federal law (46 USCA 10301 & 10501) and further to include\n"near foreign" voyages between the United States and Canada, Mexico, or\nthe West Indies via ocean routes, or public vessels in oceangoing\nservice or foreign waters and who has received a Certificate of Release\nor Discharge from Active Duty and a discharge certificate, or an\nHonorable Service Certificate/Report of Casualty, from the Department of\nDefense or on service by one who served as a United States civilian\nemployed by the American Field Service and served overseas under United\nStates Armies and United States Army Groups in world war II during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one\nthrough May eighth, nineteen hundred forty-five, and who (i) was\ndischarged or released therefrom under honorable conditions, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or on service by one who served as a United States civilian\nFlight Crew and Aviation Ground Support Employee of Pan American World\nAirways or one of its subsidiaries or its affiliates and served overseas\nas a result of Pan American's contract with Air Transport Command or\nNaval Air Transport Service during the period of armed conflict,\nDecember fourteenth, nineteen hundred forty-one through August\nfourteenth, nineteen hundred forty-five, and who (iv) was discharged or\nreleased therefrom under honorable conditions, or (v) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (vi) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, by a person\nwho was a resident of New York state at the time of entry into such\nservice and at the time of being discharged therefrom under honorable\ncircumstances, and who makes the payments required in accordance with\nthe provisions of this subdivision.\n  However, no military service shall be creditable under this\nsubdivision in the case of a member who is receiving a military pension\n(other than for disability) for military service in the armed forces of\nthe United States.\n  b. To obtain such credit a member shall: (1) deposit in the annuity\nsavings fund a sum equal to the product of his required contribution\nrate at time of entry into full-time New York state teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest, and (2)\ndeposit in the pension accumulation fund a sum equal to the product of\nthe employer's contribution rate exclusive of the rate for supplemental\npensions at the time of the member's entry into such teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest. Such deposit\nmust be made on or before October fourteenth, nineteen hundred\nseventy-seven, provided, however, such member may elect to deposit such\namount over a period of time no greater than the period for which credit\nis being claimed, in which case such payments must commence no later\nthan October fourteenth, nineteen hundred seventy-seven. If the full\namount of such payments is not paid to the retirement system at the time\nof retirement, the amount of service credited shall be proportional to\nthe total amount of the payments made.\n  c. The credit for military service hereunder shall not be used to\nincrease a service retirement benefit if, at the time of retirement,\nsuch member (1) is retiring from service with less than ten years of\nfull-time service credit or (2) is retiring with less than three years\nof member service rendered subsequent to the date that he last became a\nmember of this system. Upon retirement, as specified in (1) or (2),\nthere shall be refunded to such member the amount of such deposit plus\naccrued interest exclusive of the amount deposited to the pension\naccumulation fund attributable to death and disability benefits.\n  d. (1) In the case of members who have transferred into this system\nfrom another public retirement system within the state of New York,\ntheir rate of contribution shall be computed as though they had been a\nmember of this system from the date of membership in the retirement\nsystem from which they transferred.\n  (2) Any other provision of law to the contrary notwithstanding, the\nrate of contribution to be used in calculating contributions to the\nannuity savings fund pursuant to this subdivision shall be at the rate\nof four per centum of earnable compensation for members whose date of\nmembership is on or before June thirtieth, nineteen hundred forty-eight\nand at the rate of five per centum of earnable compensation for members\nwhose date of membership is on or after July first, nineteen hundred\nforty-eight.\n  e. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n  f. No application for credit pursuant to the provisions of this\nsubdivision shall be honored if made on or after April fifteenth,\nnineteen hundred seventy-seven.\n  10-a. Credit for certain World War II service.  a. In addition to\ncredit for military service pursuant to section two hundred forty-three\nof the military law and subdivisions six through nine of this section, a\nmember who joined the retirement system prior to July first, nineteen\nhundred seventy-three, and who was not eligible for credit for military\nservice under subdivision ten of this section as a result of being on a\nleave of absence without pay between July twentieth, nineteen hundred\nseventy-six and October fifteenth, nineteen hundred seventy-seven or on\nleave of absence with less than full pay between July twentieth,\nnineteen hundred seventy-six and October fifteenth, nineteen hundred\nseventy-seven, may obtain credit for military service not in excess of\nthree years and not otherwise creditable under section two hundred\nforty-three of the military law and subdivisions six through nine of\nthis section, rendered on active duty in the armed forces of the United\nStates during the period commencing July first, nineteen hundred forty,\nand terminating December thirty-first, nineteen hundred forty-six, or on\nservice by one who was employed by the War Shipping Administration or\nOffice of Defense Transportation or their agents as a merchant seaman\ndocumented by the United States Coast Guard or Department of Commerce,\nor as a civil servant employed by the United States Army Transport\nService (later redesignated as the United States Army Transportation\nCorps, Water Division) or the Naval Transportation Service; and who\nserved satisfactorily as a crew member during the period of armed\nconflict, December seventh, nineteen hundred forty-one, to August\nfifteenth, nineteen hundred forty-five, aboard merchant vessels in\noceangoing, i.e., foreign, intercoastal, or coastwise service as such\nterms are defined under federal law (46 USCA 10301 & 10501) and further\nto include "near foreign" voyages between the United States and Canada,\nMexico, or the West Indies via ocean routes, or public vessels in\noceangoing service or foreign waters and who has received a Certificate\nof Release or Discharge from Active Duty and a discharge certificate, or\nan Honorable Service Certificate/Report of Casualty, from the Department\nof Defense, or on service by one who served as a United States civilian\nemployed by the American Field Service and served overseas under United\nStates Armies and United States Army Groups in world war II during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one\nthrough May eighth, nineteen hundred forty-five, and who (i) was\ndischarged or released therefrom under honorable conditions, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or on service by one who served as a United States civilian\nFlight Crew and Aviation Ground Support Employee of Pan American World\nAirways or one of its subsidiaries or its affiliates and served overseas\nas a result of Pan American's contract with Air Transport Command or\nNaval Air Transport Service during the period of armed conflict,\nDecember fourteenth, nineteen hundred forty-one through August\nfourteenth, nineteen hundred forty-five, and who (iv) was discharged or\nreleased therefrom under honorable conditions, or (v) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (vi) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, by a person\nwho was a resident of New York state at the time of entry into such\nservice and at the time of being discharged therefrom under honorable\ncircumstances, and who makes the payments required in accordance with\nthe provisions of this subdivision.\n  However, no military service shall be creditable under this\nsubdivision in the case of a member who is receiving a military pension\n(other than for disability) for military service in the armed forces of\nthe United States.\n  b. To obtain such credit a member shall: (1) deposit in the annuity\nsavings fund a sum equal to the product of his required contribution\nrate at time of entry into full-time New York state teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest, and (2)\ndeposit in the pension accumulation fund a sum equal to the product of\nthe employer's contribution rate exclusive of the rate for supplemental\npensions at the time of the member's entry into such teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest. Such deposit\nmust be made on or before October fourteenth, nineteen hundred eighty,\nprovided, however, such member may elect to deposit such amount over a\nperiod of time no greater than the period for which credit is being\nclaimed, in which case such payments must commence no later than October\nfourteenth, nineteen hundred eighty. If the full amount of such payments\nis not paid to the retirement system at the time of retirement, the\namount of service credited shall be proportional to the total amount of\nthe payments made.\n  c. The credit for military service hereunder shall not be used to\nincrease a service retirement benefit if, at the time of retirement,\nsuch member (1) is retiring from service with less than ten years of\nfull-time service credit or (2) is retiring with less than three years\nof member service rendered subsequent to the date that he last became a\nmember of this system. Upon retirement, as specified in (1) or (2),\nthere shall be refunded to such member the amount of such deposit plus\naccrued interest exclusive of the amount deposited to the pension\naccumulation fund attributable to death and disability benefits.\n  d. (1) In the case of members who have transferred into this system\nfrom another public retirement system within the state of New York,\ntheir rate of contribution shall be computed as though they had been a\nmember of this system from the date of membership in the retirement\nsystem from which they transferred.\n  (2) Any other provision of law to the contrary notwithstanding, the\nrate of contribution to be used in calculating contributions to the\nannuity savings fund pursuant to this subdivision shall be at the rate\nof four per centum of earnable compensation for members whose date of\nmembership is on or before June thirtieth, nineteen hundred forty-eight\nand at the rate of five per centum of earnable compensation for members\nwhose date of membership is on or after July first, nineteen hundred\nforty-eight.\n  e. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n  f. No application for credit pursuant to the provisions of this\nsubdivision shall be honored if made on or after October fifteenth,\nnineteen hundred eighty.\n  11. a. If a retired member, receiving a retirement allowance for other\nthan disability, returns to active public service, except as otherwise\nprovided in sections two hundred eleven or two hundred twelve of the\nretirement and social security law, and is eligible for membership in\nthe retirement system, such employee shall become a member and their\nretirement allowance shall be suspended in the same manner as provided\nin subdivision five of this section. Upon subsequent retirement such\nemployee shall:\n  1. Be credited with all member service earned since they last became a\nmember of the retirement system, and\n  2. Receive a retirement allowance which shall consist of the pension\nwhich such employee was receiving immediately prior to the last\nrestoration to membership as provided in subdivision five of this\nsection, plus a pension based upon the service credit earned since such\nemployee last became a member. Such latter pension shall be computed as\nif they were a new member when they rejoined the system pursuant to the\nprovisions of this subdivision.\n  b. Where such member shall have earned at least two years of service\ncredit after restoration to active service, the total service credit to\nwhich such member was entitled at the time of the earlier retirement\nmay, at their option, again be credited to them and upon subsequent\nretirement such member shall be credited in addition for purposes of\ncomputation of the pension portion of the retirement allowance with all\nservice credit earned subsequent to the last restoration to membership.\nSuch total service credit to which such member was entitled at the time\nof the earlier retirement shall be so credited only in the event that\nsuch member returns to the retirement system with regular interest the\nactuarial equivalent of the amount of the pension received, or in the\nevent that such amount is not so repaid the actuarial equivalent thereof\nshall be deducted from such member's subsequent retirement allowance.\n  c. Notwithstanding the foregoing provisions of this subdivision, a\nretired member who is receiving a retirement allowance for other than\nphysical disability, and who returns to active public service, may elect\nnot to be restored to membership in the retirement system until such\nretired member has rendered one year of service following their return\nto public service. In such event the retirement allowance shall be\nsuspended during such year of service in the same manner as provided in\nsubdivision five of this section. Upon restoration to membership\nfollowing completion of such year of service, service in such year shall\nbe deemed to be service while a member for purposes of subdivision b of\nsection five hundred twelve of this article. Such retired member may\npurchase service credit for such year, which shall be deemed earned\nservice credit. If a retired member receiving a retirement benefit\nallowance for other than physical disability, returns to active public\nservice, and is then ineligible for membership in the retirement system,\nthe retirement allowance shall be suspended in the same manner as\nprovided in this section.\n  d. Notwithstanding any other provision of this article, a retired\nmember who rejoins the system under the provisions of this subdivision\nshall only be entitled to a death benefit according to the provisions of\nparagraph two of subdivision b of section five hundred twelve of this\narticle and of no other subdivision thereof and for the purposes of such\nparagraph two of subdivision b of section five hundred twelve the\ncredited service as a teacher shall be service as a teacher credited\nsince last joining the system.\n
N.Y. ENV Law § 51-0101 — New York Code / Act ENV / Article 51 / Title 1 / Section 51-0101
Definitions
Status: in_force

§ 51-0101. Definitions.\n  As used in this article the following terms shall mean and include:\n  1. "Commissioner" shall mean the commissioner of environmental\nconservation except that within and for the purposes of title eleven of\nthis article, the commissioner of parks and recreation.\n  2. "Department" shall mean the department of environmental\nconservation.\n  3. "Federal assistance" except for federal public works act funds\ngranted for New York city's Betts avenue incinerator and Hamilton avenue\ntransfer station and as otherwise defined in this article, shall mean\nfunds available, other than by loan, from the federal government to a\nmunicipality, either directly or through allocation by the state for\nconstruction or program purposes pursuant to any federal law or program.\n  4. "Governing body" shall mean\n  a. in the case of a town, a town board;\n  b. in the case of a county outside of the city of New York, the county\nboard of supervisors or other elective governing body;\n  c. in the case of a city or village, the local legislative body\nthereof, as the term is defined in the municipal home rule law;\n  d. in the case of a public benefit corporation, the board of\ndirectors, members or trustees thereof;\n  e. in the case of a school district, the board of education thereof;\n  f. in the case of a supervisory district, the board of cooperative\neducational services thereof.\n  5. "Lands" shall mean lands, improvements and structures thereon or\nrights, franchises, and interests therein, lands under water and\nriparian rights, and shall also mean any and all interests in lands less\nthan full title, including without limitations, easements, permanent or\ntemporary, rights of way, uses, leases, licenses, and any other estate,\ninterests or right in lands, legal or equitable.\n  6. "Municipality," except as otherwise defined within this article,\nshall mean a city, county, town, village, public benefit corporation or\nschool district or an improvement district within a city, county, town\nor village, or any combination thereof.\n  7. "Office" shall mean the office of parks and recreation.\n
N.Y. EDN Law § 219 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 219
Change of name or charter
Status: in_force

§ 219. Change of name or charter. 1. The regents may, at any time, for\nsufficient cause, by an instrument under their seal and recorded in\ntheir office, change the name, or alter, suspend or revoke the charter\nor certificate of incorporation of any domestic corporation which they\nmight incorporate under section two hundred sixteen, or any certificate\nof authority of a foreign corporation which they have issued or to which\nthe commissioner has consented, (a) if subject to their visitation, or,\n(b) if authorized, chartered or incorporated by the regents or under a\ngeneral law; provided that, unless on three-fourths request of the\ntrustees of the corporation, no name shall be changed and no charter or\ncertificate shall be altered, suspended or revoked, nor shall any rights\nor privileges thereunder be suspended or repealed by the regents, until\nthey have mailed to the usual address of every director or trustee of\nthe corporation concerned at least thirty days' notice of a hearing when\nany objections to the proposed change will be considered, and until\nordered by a vote at a meeting of the regents at which the notices have\nspecified that action is to be taken on the proposed change. A certified\ncopy of such order of the regents, under their seal, to change the name,\nor alter, suspend or revoke a certificate of incorporation of any\ndomestic corporation filed by the department of state under a general\nlaw, or certificate of authority of any foreign corporation filed by the\ndepartment of state under a general law, shall be delivered by the\nregents to such department. The order shall become effective upon the\nfiling of such certified copy by the department of state.\n  2. Any notice to a trustee whose address is not readily ascertainable\nmay be mailed to him in care of the institution. Where it appears that\nany institution incorporated by the regents has ceased to function, and\nthe regents after diligent effort are unable to ascertain the names of\nthe surviving trustees, if any, and their addresses or any address for\nthe institution formerly maintained by the corporation, and are\ntherefore unable to send the thirty-day notice to the trustees in the\nmanner prescribed in this section, they may give such thirty days'\nnotice by causing the same to be published once a week for three\nsuccessive weeks prior to the date of such hearing in a daily or weekly\nnewspaper published or printed in the place where the said corporation\nor its principal office is or was located; or if there be no such paper,\nthen in a daily or weekly paper published or printed within the county,\nif there be one, or, if not, in an adjoining county to that in which\nsuch corporation or its principal office is or was located.\n  3. Whenever the trustees of any such corporation shall determine, upon\nthree-fourths vote to dissolve the corporation, they may petition the\nregents to issue an order of dissolution. If it appears to the\nsatisfaction of the regents that there is no sufficient reason for the\ncontinuance of the corporation that all taxes chargeable to the\ncorporation have been paid, and, if the corporation has stock\nprovisions, that the outstanding stock has been surrendered for\ncancellation, the regents shall thereupon have power to dissolve the\ncorporation.\n  4. Whenever the charter or incorporation of an institution is revoked\nor an order of dissolution made pursuant to the provisions of this\nsection, it shall be the duty of the trustees and/or the custodians of\nthe permanent academic records of such institution to file the same with\nthe state education department, or with such other agency as may be\napproved by said department where they shall be kept available for\nfuture reference. In the event, however, that an application is made to\nthe supreme court for an order directing the disposition of assets of\nsuch educational corporation pursuant to the provisions of section two\nhundred twenty of this chapter and such order is thereupon made, the\ndisposition of such permanent academic records may be directed therein.\nA copy of the order shall be filed with the education department by the\napplicant and such order shall so provide.\n  5. An education corporation may file an assumed name certificate\npursuant to section one hundred thirty of the general business law,\nprovided that the consent of the regents is endorsed or annexed thereto.\nAny education corporation that has filed an assumed name certificate\nwith the secretary of state prior to the effective date of this\nsubdivision shall file a copy of such certificate with the department no\nlater than ninety days after the effective date of this subdivision.\n
N.Y. LAB Law § 163 — New York Code / Act LAB / Article 5 / Title 1 / Section 163
Hours of labor in brickyards
Status: in_force

§ 163. Hours of labor in brickyards. No corporation owning or\noperating a brickyard shall require employees to work more than ten\nhours in any day, or to commence work before seven o'clock in the\nmorning. But overwork and work prior to seven o'clock in the morning for\nextra compensation may be performed by agreement between employer and\nemployee.\n
N.Y. ELN Law § 14-107-A — New York Code / Act ELN / Article 14 / Title 1 / Section 14-107-A
Prohibited spending by independent expenditure committees and political action committees
Status: in_force

§ 14-107-a. Prohibited spending by independent expenditure committees\nand political action committees. 1. An independent expenditure committee\nshall not contribute to any candidate, constituted committee, political\ncommittee, or party committee.\n  2. (a) A political action committee shall not make any independent\nexpenditures and may only make contributions to any independent\nexpenditure committee if such committee does not have common operational\ncontrol. For purposes of this paragraph, "common operational control"\nmeans that (i) the same individual or individuals exercise actual and\nstrategic control over the day-to-day affairs of both the political\naction committee and the independent expenditure committee, or (ii)\nemployees of the political action committee and the independent\nexpenditure committee engage in communications related to the strategic\noperations of either committee.\n  (b) No candidate, candidate's authorized committee, party committee,\nor constituted committee shall contribute to an independent expenditure\ncommittee that is making expenditures benefitting the candidate or the\ncandidate supported by such party or constituted committee.\n
N.Y. PBH Law § 3300-A — New York Code / Act PBH / Article 33 / Title 1 / Section 3300-A
Legislative purposes
Status: in_force

§ 3300-a. Legislative purposes. The purposes of this article are:\n  1. to combat illegal use of and trade in controlled substances; and\n  2. to allow legitimate use of controlled substances in health care,\nincluding palliative care; veterinary care; research and other uses\nauthorized by this article or other law; under appropriate regulation\nand subject to this article, title eight of the education law, and other\napplicable law.\n
N.Y. GOB Law § 17-103 — New York Code / Act GOB / Article 17 / Title 1 / Section 17-103
Agreements waiving the statute of limitation
Status: in_force

§ 17-103. Agreements waiving the statute of limitation. 1. A promise\nto waive, to extend, or not to plead the statute of limitation\napplicable to an action arising out of a contract express or implied in\nfact or in law, if made after the accrual of the cause of action and\nmade, either with or without consideration, in a writing signed by the\npromisor or his agent is effective, according to its terms, to prevent\ninterposition of the defense of the statute of limitation in an action\nor proceeding commenced within the time that would be applicable if the\ncause of action had arisen at the date of the promise, or within such\nshorter time as may be provided in the promise.\n  2. A promise to waive, to extend, or not to plead the statute of\nlimitation may be enforced as provided in this section by the person to\nwhom the promise is made or for whose benefit it is expressed to be made\nor by any person who, after the making of the promise, succeeds or is\nsubrogated to the interest of either of them.\n  3. A promise to waive, to extend, or not to plead the statute of\nlimitation has no effect to extend the time limited by statute for\ncommencement of an action or proceeding for any greater time or in any\nother manner than that provided in this section, or unless made as\nprovided in this section.\n  4. This section\n  a. does not change the requirements or the effect with respect to the\nstatute of limitation, of an acknowledgment or promise to pay, or a\npayment or part payment of principal or interest, or a stipulation made\nin an action or proceeding;\n  b. does not affect the power of the court to find that by reason of\nconduct of the party to be charged it is inequitable to permit him to\ninterpose the defense of the statute of limitation; and\n  c. does not apply in any respect to a cause of action to foreclose a\nmortgage of real property or a mortgage of a lease of real property, or\nto a cause of action to recover a judgment affecting the title to or the\npossession, use or enjoyment of real property, or a promise or waiver\nwith respect to any statute of limitation applicable thereto.\n
N.Y. EDN Law § 273 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 273
Apportionment of state aid to libraries and library systems
Status: in_force

§ 273. Apportionment of state aid to libraries and library systems. 1.\nAny public library system providing service under an approved plan\nduring a calendar year shall be entitled to receive during that calendar\nyear state aid consisting of the following amounts:\n  a. An annual grant of:\n  (1) Ten thousand dollars where the library system serves less than one\ncounty, or\n  (2) Twenty thousand dollars where the library system serves one entire\ncounty, or\n  (3) Where the library system serves more than one county the system\nshall be entitled to receive twenty-five thousand dollars for each\nentire county served and/or ten thousand dollars for each county, any\npart of which is served by the library system. If an entire county is\nserved by two or more library systems, each of which serves a part\nthereof, each of such library systems shall be entitled to receive a\ngrant of ten thousand dollars and in addition, a pro rata share of an\nadditional sum of ten thousand dollars, such share to be computed in\naccordance with the ratio which the population of the area of the county\nserved by such library system bears to the total population of the\ncounty, as determined under subdivision one of section two hundred\nseventy-two of this article.\n  b. In a library system which submits a plan for further development of\nand access to central library services, which plan shall be approved by\nthe commissioner pursuant to the commissioner's regulations, the amount\nof central library services aid shall be:\n  (1) thirty-two cents per capita of the population within the chartered\narea of service of such library system with a minimum amount of one\nhundred five thousand dollars, and\n  (2) an additional seventy-one thousand five hundred dollars.\n  (3) Ownership of library materials and equipment purchased with such\ncentral library services aid provided by this paragraph shall be vested\nin the public library system.\n  c. The sum of one dollar and sixty-two cents per capita of population\nof the area served.\n  d. Each public library system with an automation program to support\nbibliographic control and interlibrary sharing of information resources\nof member libraries, and to coordinate and integrate the automated\nsystem or systems of such member libraries consistent with regulations\nof the commissioner, shall be eligible to receive an amount equal to two\nand nine hundred thirty-eight thousandths percent of the amount earned\nin paragraph (c) of this subdivision, or seventy-six thousand five\nhundred dollars, whichever is more.\n  e. The sum of fifty-two dollars per square mile of area served by the\nlibrary system in the case of library systems serving one county or\nless. Such sum shall be increased by five dollars for each additional\nentire county served, provided, however, that no apportionment pursuant\nto this paragraph shall exceed seventy-two dollars per square mile of\narea served. If an entire county is served by two or more library\nsystems, each of which serves a part thereof, each of such library\nsystems shall be entitled to receive, in addition to the aid computed in\naccordance with the foregoing provisions of this paragraph, a pro rata\nshare of an increase of five dollars to be computed as follows: the sum\nresulting from the computation of five dollars per square mile of area\nserved by the one of such library systems which would receive the\nlargest amount of aid pursuant to this paragraph shall be pro rated\namong the library systems serving such county in accordance with the\nratio which the population of the area served by each of such library\nsystems bears to the population of the county as determined under\nsubdivision one of section two hundred seventy-two of this article.\n  f. (1) Local library services aid. Except in cities with a population\nin excess of one million inhabitants, each chartered and registered\npublic and free association library meeting standards of service\npromulgated by the commissioner, and each public or free association\nlibrary serving a city with a population of one hundred thousand or more\nwhich merged with the public library system on or before January first,\nnineteen hundred seventy-six and which meets standards of service\npromulgated by the commissioner, shall be eligible to receive annually\nthirty-one cents per capita of the population of the library's chartered\nservice area as on file with the commissioner on January first of the\ncalendar year for which aid is payable, or, thirty-one cents per capita\nof the population of the city with a population of one hundred thousand\nor more whose public or free association library merged with the public\nlibrary system on or before January first, nineteen hundred seventy-six,\nwith a minimum amount of one thousand five hundred dollars, except that\nno library shall receive less than the amount of local library services\naid received in two thousand one. Regulations of the commissioner shall\nprovide a method for establishing changes in chartered service areas or\ndetermining populations thereof. Local library services aid shall be\npaid to the system for distribution within thirty days of receipt to its\nmember libraries in accordance with this subdivision. Notwithstanding\nany contrary provisions of this subparagraph, the commissioner shall\nestablish procedures under which a public or free association library\nmay apply for a waiver of the requirements of the standards of service;\nprovided, however, that any such waivers may only be granted in the same\nyear in which the commissioner has apportioned a reduction adjustment.\n  (2) Local services support aid. Except in cities with a population in\nexcess of one million inhabitants, each public library system operating\nunder an approved plan of service shall be eligible to receive annually\nlocal services support aid equal to two-thirds of the total dollar\namount paid in local library services aid to the member libraries of the\nsystem plus thirty-one cents per capita of the system's population who\ndo not reside within the chartered service area of a member library.\n  (3) Local consolidated systems aid. In cities with a population in\nexcess of one million inhabitants, each public library system operating\nunder an approved plan of service shall be eligible to receive annually\nlocal consolidated system aid equal to the sum of (i) thirty-one cents\nper capita of the population served by the system, but not less than the\namount of local library incentive aid received in nineteen hundred\nninety-one as reported on the library's nineteen hundred ninety-one\nannual report; and (ii) an additional amount equal to two-thirds of the\ntotal dollar amount computed for the system pursuant to clause (i) of\nthis subparagraph.\n  g. In addition to the sums otherwise provided in paragraphs a, b, c,\nd, e, f, h and i of this subdivision, the New York Public Library shall\nreceive six million four hundred sixteen thousand six hundred dollars\nfor the general support of its research libraries. In addition to any\nother sums provided to such library, the sum of two million dollars\nshall be payable annually to the New York Public Library for the general\nsupport of library services provided by the New York Public Library to\nthe students of the City University of New York and the sum of one\nmillion dollars shall be payable annually to the New York Public Library\nfor the general support of its science, industry and business library.\n  h. (1) Coordinated outreach services. Each public library system which\nprovides coordinated outreach services, as defined by regulations to be\npromulgated by the commissioner, to persons who are educationally\ndisadvantaged or who are members of ethnic or minority groups in need of\nspecial library services, or who are unemployed and in need of job\nplacement assistance, or who live in areas underserved by a library, or\nwho are blind, physically disabled, have developmental or learning\ndisabilities, or who are aged or confined in institutions, or who are\nat-risk youth from birth to age twenty-one, shall be entitled to receive\nannually forty-three thousand dollars and thirteen cents per capita of\nthe total population of the area served.\n  (2) In addition, each system serving a population of two million\ninhabitants or more shall receive an additional amount of forty-six\nthousand three hundred thirty-three dollars and each system serving a\npopulation of four hundred thousand inhabitants and less than two\nmillion inhabitants shall receive an additional amount of twenty-three\nthousand dollars and each system serving a population of less than four\nhundred thousand inhabitants shall receive an additional amount of\nfourteen thousand dollars.\n  i. In addition to any other sums provided for such purposes, the New\nYork Public Library shall receive annually the sum of seven hundred\nthirty-four thousand dollars for the program of the Schomburg center for\nresearch in black culture, and the additional sum of nine hundred\neighty-four thousand dollars for the program of the library for the\nblind and physically handicapped.\n  j. In addition to any other sums provided to such library, the sum of\ntwo hundred fifty thousand dollars shall be paid annually to the New\nYork Historical Society for making its library services available to the\npublic.\n  k. In addition to any other sums provided to such library the sum of\nthree hundred fifty thousand dollars shall be payable annually to the\nBrooklyn Public Library for its business library for each calendar year.\n  l. In addition to any other sums provided to such library, the sum of\nfifty thousand dollars shall be payable annually to the Buffalo and Erie\nCounty Public Library for a continuity of service project approved by\nthe commissioner for each calendar year.\n  m. In addition to any other sums provided to such library system, the\nsum of thirty thousand dollars shall be payable annually to the Nassau\nlibrary system for a continuity of service project approved by the\ncommissioner for each calendar year.\n  n. The minimum annual grant available to a library system under\nparagraphs a, c and e of this subdivision shall be six hundred\nseventy-five thousand dollars.\n  2. Within the amounts appropriated therefor moneys paid out pursuant\nto this section shall be paid out of the state treasury on vouchers\ncertified by the commissioner after audit by and upon the warrant of the\ncomptroller.\n  3. The commissioner may waive the requirement that a public library\nsystem serve an entire county to earn the maximum annual grant under\nsubparagraphs two and three of paragraph a of subdivision one of this\nsection and paragraphs b, c, e and h of subdivision one of this section\nwhere the commissioner deems reasonable effort has been made by the\nsystem to encourage membership by all libraries in the county.\n  4. Reference and research library resources system. a. (1) Any\nreference and research library resources system providing service under\nan approved plan during a calendar year shall be entitled to receive\nannual state aid consisting of an annual grant of:\n  (i) Two hundred seventy thousand dollars plus the sum of one dollar\nand fifty cents per square mile of area served plus the sum of six cents\nper capita of the population of the area served; and\n  (ii) Two hundred thousand dollars plus the sum of two cents per capita\nof the population of the area served.\n  (2) Each system may annually appropriate funds received under this\nsubdivision to obtain matching funds from the National Endowment for the\nHumanities and other federal programs.\n  (3) The annual amount payable to each approved system under this\nparagraph shall be payable on or before July first, provided that, upon\nreceipt of annual system activity reports satisfactory to the\ncommissioner, the commissioner shall determine the amount of any under-\nor overpayments and shall apply such adjustment to the next annual\npayment due such system.\n  b. The commissioner is hereby authorized to expend up to five hundred\nsix thousand dollars annually in each state fiscal year to provide\nformula grants to approved reference and research library resources\nsystems for provision of consumer health and medical information\nservices for all types of libraries and library systems. Such grants\nshall assist libraries in providing access to timely and accurate\nmedical and health information for medical personnel and for the general\npublic. In addition to any other sum provided in this subdivision, each\nreference and research library resources system providing service under\nan approved plan with a consumer health and medical library information\nservices program for all types of libraries and library systems shall be\neligible to receive an annual formula grant. Such formula grants shall\nbe determined on the basis of criteria to be prescribed by the\ncommissioner. The commissioner shall provide the annual amount payable\nto each approved system under this paragraph in the following manner:\n  (1) Funds shall be available to each reference and research library\nresources system in such manner as to insure that the ratio of the\namount each system is eligible to receive equals the weighted ratio of\nthe total number of institutions as defined in subparagraph two of this\nparagraph in the region served by the system to the total number of such\ninstitutions in the state.\n  (2) For the purposes of determining the amount of funds available to\neach system, institutions and their weightings are as follows:\n  (i) not-for-profit hospitals licensed by the New York state health\ndepartment, with a weighting of two;\n  (ii) for-profit teaching hospitals licensed by the New York state\nhealth department, with an additional weighting of one; and\n  (iii) member institutions of a reference and research library\nresources system, excluding public and hospital libraries, with a\nweighting of one.\n  c. (1) The commissioner is hereby authorized to expend up to one\nmillion three hundred ninety-six thousand dollars in each state fiscal\nyear to provide formula grants to approved reference and research\nlibrary resources systems for provision of services to member hospital\nlibraries in not-for-profit hospitals licensed by the New York state\nhealth department, or to member libraries serving such hospitals. Such\nformula grants shall be determined on the basis of criteria to be\ndeveloped by the commissioner and shall assist member hospital libraries\nor member libraries serving hospitals in meeting the standards\nestablished by the regents in accordance with section two hundred\nfifty-four of this article. Such formula grants shall support\nintegration of member hospital libraries or member libraries serving\nhospitals into existing networks.\n  (2) The commissioner shall provide grants to the reference and\nresearch library resources systems in the following manner:\n  (a) an amount equal to seventy-five cents per square mile of area\nserved by the reference and research library resource system in\nfurtherance of the purposes of this paragraph, and\n  (b) the remainder for library services to hospitals in accordance with\nregulations of the commissioner adopted for such purpose.\n  5. Coordinated collection development program for public and nonprofit\nindependent colleges and universities.\n  a. Libraries of public and nonprofit independent colleges and\nuniversities are entitled to receive annual funding for a coordinated\ncollection development grant if they meet the following conditions:\n  (1) Membership in a reference and research library resources system,\n  (2) Their resources are made available to the public, through full\nparticipation in the interlibrary loan and other resource sharing\nprograms of the reference and research library resources system of which\nthey are members, and\n  (3) They meet the requirements set forth in regulations adopted by the\ncommissioner including but not confined to\n  (a) maintenance of effort,\n  (b) relationships between reference and research library resources\nsystems' programs and the regional higher education master plan,\n  (c) submission of interlibrary loan statistics, and such other reports\nas may be required by the commissioner.\n  b. Public and nonprofit independent colleges and universities with\nlibraries which meet the criteria of paragraph a of this subdivision are\neligible for annual grants as follows:\n  (1) Four thousand four hundred dollars for each institution, and\n  (2) One dollar and four cents for each full-time equivalent student\nenrolled in each qualifying institution, in the academic year completed\nprior to the state fiscal year. For purposes of this section, a\nfull-time equivalent shall be calculated as follows:\n  (i) one full-time undergraduate student shall be considered one\nfull-time equivalent student;\n  (ii) one part-time undergraduate student shall be considered one-third\nof a full-time equivalent student;\n  (iii) one part-time graduate student shall be considered one full-time\nequivalent student; and\n  (iv) one full-time graduate student shall be considered one and\none-half of a full-time equivalent student.\n  c. Funds for the support of this program shall be appropriated to the\ndepartment, except that funds for the state-operated institutions of the\nstate university of New York and the senior colleges of the city\nuniversity of New York, shall be appropriated to the state university of\nNew York out of any moneys in the state treasury in the general fund to\nthe credit of the state purposes fund not otherwise appropriated, and\nfunds shall be appropriated to the city university of New York out of\nany moneys in the state treasury in the general fund to the credit of\nthe local assistance fund not otherwise appropriated, and shall be\nsubject to the same distribution formula as provided in paragraph b of\nthis subdivision.\n  6. Conservation and preservation of library research materials.  a.\nThe commissioner shall award in any academic year, an annual formula\ngrant of one hundred fifty-eight thousand dollars for a program of\nconservation and/or preservation of library research materials to each\nof the following comprehensive research libraries: Columbia university\nlibraries, Cornell university libraries, New York state library, New\nYork university libraries, university of Rochester libraries, Syracuse\nuniversity libraries, the research libraries of the New York public\nlibrary, state university of New York at Albany library, state\nuniversity of New York at Binghamton library, state university of New\nYork at Buffalo library, and state university of New York at Stony Brook\nlibrary.\n  b. To be eligible for such formula grants, each such comprehensive\nresearch library must submit both a five-year plan and an annual program\nbudget. The plan must satisfy criteria to be established by the\ncommissioner in regulations relating to the identification of library\nresearch materials, the need for their preservation, and the means of\ntheir conservation.\n  c. Other agencies and libraries, as defined in regulations promulgated\nby the commissioner, which are not eligible for funding under paragraph\na of this subdivision, may receive separate grants the sum of which\nshall not exceed five hundred thousand dollars in any academic year to\nsupport the preservation and/or conservation of unique library research\nmaterials. Such agencies and libraries shall submit project proposals.\nApproval of such project proposals, and determination of funding level,\nshall be based upon, but not limited to, factors such as: the research\nvalue of materials to be preserved and/or conserved; appropriateness of\nconservation and preservation techniques in accordance with statewide\nplanning and national standards; institutional capacity for successful\ncompletion of the project, including facilities, experience, and\ntechnical expertise; availability of staff with appropriate training and\nexpertise; contribution of the institution to the project in matching\nfunds and staff resources; and the volume of interlibrary lending and\naccess to holdings by the public. Ninety percent of each such grant\nshall be payable upon approval by the department and the remaining ten\npercent shall be payable upon project completion.\n  d. Funds made available under the provisions of this section may be\nused by comprehensive research libraries and other agencies eligible for\nfunding to obtain matching funds from the national endowment for the\nhumanities preservation program and other federal programs.\n  e. The commissioner shall establish an office for coordination of\nconservation and/or preservation of library research materials to\nidentify the conservation and/or preservation needs of libraries within\nthe state, to assess the technology available for such conservation and\npreservation, and to coordinate the conservation and preservation\nefforts resulting from this legislation.\n  7. New York state talking book and braille library. The New York state\ntalking book and braille library shall be entitled to receive annually\nan amount equal to the product of the aid ceiling multiplied by the\nnumber of registered borrowers of such materials of such library as of\nthe November report for the November immediately preceding the state\nfiscal year for which the payment will be made. Such amount shall be\nused to improve the quality of services provided to such borrowers. For\naid payable in each state fiscal year, the aid ceiling per registered\nborrower shall be nineteen dollars. Notwithstanding any other provision\nof law, the New York state talking book and braille library shall be the\nsuccessor in interest to the New York state library for the blind and\nvisually handicapped for all purposes, or the library for the blind and\nphysically handicapped, and the change in name shall not affect the\nrights or interests of any party. Except where the context indicates a\ncontrary intent, any reference in any other general or special law to\nthe New York state library for the blind and visually handicapped or the\nlibrary for the blind and physically handicapped shall be deemed a\nreference to the New York state talking book and braille library.\n  8. State aid for a coordinated program of library and archival\nservices at The Center for Jewish History, Inc. a. In addition to any\nother sums provided to The Center for Jewish History, Inc., the\ncommissioner shall award in any state fiscal year an annual grant of two\nhundred thousand dollars for a coordinated program of library and\narchival services that will increase public access to the library and\narchival collections of The Center for Jewish History, Inc. and its\nmember institutions.\n  b. The Center for Jewish History, Inc. is hereby admitted to the\nUniversity of the State of New York and shall, as a condition of\ncontinued receipt of aid, maintain such status in accordance with\nregulations of the commissioner. Such regulations may include submission\nof a five-year plan and annual program budget.\n  9. State aid for summer reading programs. The commissioner is hereby\nauthorized to expend the funds of the love your library fund,\nestablished in section ninety-nine-l of the state finance law, which\nshall provide grants for participation in statewide summer reading\nprograms as coordinated by the state library to public library systems\non the basis of criteria to be developed by the commissioner. Upon a\ndetermination by the commissioner that there is adequate revenue\navailable for a grant program in the upcoming fiscal year, grants shall\nbe awarded as follows:\n  a. sixty percent of the funds appropriated pursuant to this section\nshall be made available to public library systems for use by member\nlibraries by the commissioner in such manner as to insure that the ratio\nof the amount received within each system to the whole of the aid made\navailable pursuant to this paragraph is no greater than the ratio of the\npopulation served by such system to the population of the state; and\n  b. forty percent of the funds appropriated pursuant to this section\nshall be made available to library systems for use by their member\nlibraries within each system by the commissioner in such manner as to\ninsure that an equal amount is received within each system in the state.\n  10. Notwithstanding any other provision of law to the contrary, each\nyear commencing with the two thousand six calendar year, no library or\nlibrary system shall receive less aid pursuant to this section or\nsection two hundred seventy-one or two hundred seventy-two of this part\nthan it would have been eligible to receive for the two thousand one\ncalendar year solely by reason of a decrease in the population of the\narea served as a result of the latest approved federal census.\n  11. The commissioner is hereby authorized to expend funds annually for\nformula grants to public library systems, reference and research library\nresources systems, and school library systems operating under an\napproved plan of service. Such formula grants shall be provided for the\nperiod commencing July first and ending on June thirtieth next\nfollowing. Such formula grants will be distributed in the following\nmanner:\n  a. Each public library system established pursuant to sections two\nhundred fifty-five and two hundred seventy-two of this part and\noperating under a plan approved by the commissioner is entitled to\nreceive annually thirty-nine thousand dollars and an amount equal to ten\nand ninety-four hundredths percent of the amount of state aid received\nfor the current year by such system under paragraphs a, c, d, e and n of\nsubdivision one of this section;\n  b. Each reference and research library resources system established\npursuant to section two hundred seventy-two of this part and operating\nunder a plan approved by the commissioner is entitled to receive\nannually thirty-nine thousand dollars and an amount equal to ten and\nninety-four hundredths percent of the amount of state aid received for\nthe current year under clause (i) of subparagraph one of paragraph a of\nsubdivision four of this section; and\n  c. Each school library system established pursuant to section two\nhundred eighty-two of this part and operating under a plan approved by\nthe commissioner is entitled to receive annually thirty-nine thousand\ndollars and an amount equal to ten and ninety-four hundredths percent of\nthe amount of state aid received for the current year by such system\nunder paragraphs a, b, c, d, e and f of subdivision one of section two\nhundred eighty-four of this part.\n
N.Y. PBA Law § 3318 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3318
Defense and indemnification
Status: in_force

§ 3318. Defense and indemnification. The corporation shall not execute\nany of its powers, including the special powers authorized by section\n3306 of this article, except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the corporation\nto extend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n
N.Y. PBH Law § 2997-C — New York Code / Act PBH / Article 29-D / Title 1 / Section 2997-C
Palliative care patient information
Status: in_force

§ 2997-c. Palliative care patient information. 1. Definitions. As used\nin this section, the following terms shall have the following meanings,\nunless the context clearly requires otherwise:\n  (a) "Appropriate" means consistent with applicable legal, health and\nprofessional standards; the patient's clinical and other circumstances;\nand the patient's reasonably known wishes and beliefs.\n  (b) "Attending health care practitioner" means a physician or nurse\npractitioner who has primary responsibility for the care and treatment\nof the patient. Where more than one physician or nurse practitioner\nshare that responsibility, each of them has responsibility under this\nsection, unless they agree to assign that responsibility to one of them.\n  (c) "Palliative care" means health care treatment, including\ninterdisciplinary end-of-life care, and consultation with patients and\nfamily members, to prevent or relieve pain and suffering and to enhance\nthe patient's quality of life, including hospice care under article\nforty of this chapter.\n  (d) "Terminal illness or condition" means an illness or condition\nwhich can reasonably be expected to cause death within six months,\nwhether or not treatment is provided.\n  2. If a patient is diagnosed with a terminal illness or condition, the\npatient's attending health care practitioner shall offer to provide the\npatient with:\n  (a) information and counseling regarding palliative care and\nend-of-life options appropriate to the patient, including but not\nlimited to: the range of options appropriate to the patient; the\nprognosis, risks and benefits of the various options; and the patient's\nlegal rights to comprehensive pain and symptom management at the end of\nlife, and\n  (b) information regarding other appropriate treatment options should\nthe patient wish to initiate or continue treatment. The information and\ncounseling may be provided orally or in writing. Where the patient lacks\ncapacity to reasonably understand and make informed choices relating to\npalliative care, the attending health care practitioner shall provide\ninformation and counseling under this section to a person with authority\nto make health care decisions for the patient. The attending health care\npractitioner may arrange for information and counseling under this\nsection to be provided by another professionally qualified individual,\nand\n  (c) information and counseling regarding benefits of completing a\nhealth care proxy and appointing a health care agent. A copy of the\nnewly completed or existing health care proxy shall be requested by the\nhealth care practitioner and made a part of the patient's medical\nrecord.\n  3. Where the attending health care practitioner is not willing or does\nnot feel qualified to provide the patient with information and\ncounseling under this section, he or she shall arrange for another\nphysician or nurse practitioner to do so, or shall refer or transfer the\npatient to another physician or nurse practitioner willing to do so.\n
N.Y. LFN Law § 10.00 — New York Code / Act LFN / Article 2 / Title 1 / Section 10.00
Power of municipalities, school districts and district corporations to contract indebtedness
Status: in_force

§ 10.00 Power of municipalities, school districts and district\ncorporations to contract indebtedness. In addition to the power to\ncontract indebtedness pursuant to sections 24.00, 25.00, 25.10, 29.00\nand 29.20 of this article, a municipality, school district or district\ncorporation shall have the power to contract indebtedness respectively\nfor any municipal, school district or district corporation object or\npurpose set forth in paragraph a of section 11.00 of this title, or for\na class of such objects or purposes when authorized under the provisions\nof section 31.00 of this article, if it is authorized by law to expend\nmoney for or to accomplish such object or purpose; provided, however,\nthat it shall not be able to contract indebtedness to a greater extent\nthan it is authorized by law to spend money for such object or purpose\nor class of such objects or purposes and provided also that this section\nshall not relieve any such unit of government of any duty imposed by law\nto include in its annual budget or tax levy or otherwise to pay from\ncurrent funds all or part of any expenditure that it may make for such\nobject or purpose or class of such objects or purposes.\n
N.Y. VAT Law § 160 — New York Code / Act VAT / Title 1 / Article 1 / Section 160
Wheel lift
Status: in_force

§ 160. Wheel lift. Any device that may be extended beyond the rear\nbumper of a tow truck or car carrier for the purpose of towing another\nvehicle. Such device may also be referred to as an "under lift".\n
N.Y. GOB Law § 15-109 — New York Code / Act GOB / Article 15 / Title 1 / Section 15-109
Uniformity of interpretation
Status: in_force

§ 15-109. Uniformity of interpretation. This title shall be so\ninterpreted and construed as to effectuate its general purpose to make\nuniform the law of those states which enact it.\n
N.Y. ENV Law § 57-0123 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0123
Implementation of the Central Pine Barrens comprehensive land use plan
Status: in_force

§ 57-0123. Implementation of the Central Pine Barrens comprehensive land\n             use plan.\n  1. Within three months after the land use plan has been adopted by the\ncommission, each town board and village board with jurisdiction within\nthe Central Pine Barrens area shall adopt and amend as necessary land\nuse and zoning regulations, by local law or ordinance, rule or\nregulation to conform their land use regulations to the land use plan.\nSuch action shall not be subject to the provisions of article eight of\nthis chapter if it is in conformance with the conditions and thresholds\nof the land use plan. At least thirty days before adoption thereof, the\ntown or village board shall submit the proposed regulations to the\ncommission for its review and approval. Within ten days of receipt of\nsuch proposed regulations, the commission shall review and approve such\nproposed regulations, or if it does not approve them, return them with\ncomments on what needs to be done to make them approvable. For each\njurisdiction, the land use plan shall be deemed to be implemented upon\nadoption by the town or village board of approved land use regulations.\nThe interim regulation provisions of subdivisions eight, nine, and ten\nof section 57-0121 of this title shall remain in effect for each town or\nvillage until it has adopted approved land use regulations to conform to\nthe adopted comprehensive management plan. Within villages that were\nincorporated on or before June 30, 1993, whose land use and zoning\nregulations are approved by the commission consistent with the land use\nplan pursuant to section 57-0121 of this title, development which\nconforms to such land use and zoning regulations and does not have\nsignificant adverse impacts on the goals of the land use plan shall not\nbe subject to review by the commission. After town or village land use\nregulations have been approved and upon a finding that a town or village\nhas changed such regulations in a manner substantially inconsistent with\nthe land use plan or has administered its approved land use regulations\nin a manner substantially inconsistent with the land use plan, the\ncommission shall withdraw approval of such land use regulations and the\nprovisions of subdivisions eight, nine and ten of section 57-0121 of\nthis title shall be reinstituted. Such withdrawal of approval shall be\nmade not before fourteen days after the commission holds a public\nhearing in the affected town or village on the proposed withdrawal.\nNotice of such hearing shall be published in a newspaper having general\ncirculation in the Central Pine Barrens area and notice of such hearing\nshall also be given by registered mail to the affected supervisor or\nmayor.\n  2. (a) The commission shall have jurisdiction to review and approve\nall proposed development in critical resource areas and developments of\nregional significance as identified in the land use plan and proposed\ndevelopments found by the commission after petition by a commissioner to\nhave significant adverse impact on the land use plan. Any commissioner\nmay petition the commission to assert review jurisdiction over a\nproposed development outside of a critical resource area or which is\nother than a project of regional significance which has a significant\nadverse impact on the goals of the land use plan. If the commissioner by\nmajority vote asserts jurisdiction, such project or action shall be\nsubject to review by the commission. For the purposes of review and\nidentification of projects coming under the jurisdiction of the\ncommission by virtue of critical resource area or area of regional\nimpact or at the request of any commission member, the commission shall\ndesignate the responsible planning entity or staff for the purposes of\nadvising the commission with respect to such applications or projects.\nTo the fullest extent possible, the commission shall consolidate and\ncoordinate its review with the appropriate local government. A person,\nthe state or a public corporation proposing development in a critical\nresource area or development of regional significance shall apply to the\ncommission for approval of the development. Applications shall be made\nto the commission on forms and in such manner as the land use plan and\ncommission shall designate.\n  (b) The commission must make a decision within one hundred twenty days\nof the receipt of a complete application. If the commission fails to\nmake a decision within one hundred twenty days, the development shall be\ndeemed to be approved by the commission, unless extended by mutual\nagreement of the applicant and the commission. The commission must make\na decision within one hundred twenty days of asserting jurisdiction over\na project that is before the commission based on the petition by a\ncommissioner. If the commission fails to make a decision within one\nhundred twenty days of the date of asserting jurisdiction, the\ndevelopment shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and the commission.\n  3. (a) Subsequent to the adoption of the land use plan, the provisions\nof any other law, ordinance, rule or regulation to the contrary\nnotwithstanding, no application for development within the Central Pine\nBarrens area shall be approved by any municipality or county or agency\nthereof or the commission, and no state approval, certificate, license,\nconsent, permit, or financial assistance for the construction of any\nstructure or the disturbance of any land within such area shall be\ngranted, unless such approval or grant conforms to the provisions of\nsuch land use plan; provided, however, that the commission by majority\nvote is hereby authorized to waive strict compliance with such plan or\nwith any element or standard contained therein, for an application for\ndevelopment of any person, upon finding that such waiver is necessary to\nalleviate hardship for proposed development in the core preservation\narea according to the conditions and finding of extraordinary hardship\nor compelling public need pursuant to subdivision ten of section 57-0121\nof this title, or for an application for development by the state or\npublic corporation or proposed for land owned by the state or public\ncorporation finding that such waiver is necessary to alleviate hardship\nfor proposed development in the core preservation area according to the\nconditions and finding of compelling public need pursuant to subdivision\nten of section 57-0121 of this title, and every application is\nconsistent with the purposes and provisions of this article and would\nnot result in substantial impairment of the resources of the Central\nPine Barrens area.\n  (b) The commission by majority vote is also authorized to waive strict\ncompliance with such plan or with any element or standard contained\ntherein, upon finding that such waiver is necessary to alleviate\nhardship for development proposed by any person, the state or a public\ncorporation in the compatible growth area according to the conditions\nand findings of hardship pursuant to subdivision nine of section 57-0121\nof this title, is consistent with the purposes and provisions of this\ntitle and would not result in substantial impairment of the resources of\nthe Central Pine Barrens area.\n  (c) The commission must make a decision within the time periods\nestablished pursuant to subdivision ten of section 57-0121 of this\ntitle. If the commission fails to make a decision within the aforesaid\ntime periods, the development shall be deemed to be approved by the\ncommission, unless extended by mutual agreement of the applicant and the\ncommission. The aforesaid time period and the processing and review of\nan application shall be suspended by the commission with notice to the\napplicant where a proceeding pursuant to section 57-0136 of this title\nis pending against the applicant with respect to the property at issue\nor otherwise arising out of the ownership or use of such property.\n  4. Notwithstanding any inconsistent provisions in article eight of\nthis chapter and within towns and villages with approved land use\nregulations, actions wholly within the Central Pine Barrens area in\nconformance with the conditions and thresholds of the land use plan and\nthe generic environmental impact statement thereof shall require no\nfurther environmental impact statement with respect to impacts addressed\nin such generic environmental impact statement. Further project-specific\ncompliance with article eight of this chapter may be required. Upon\nratification by the towns and adoption of the land use plan by the\ncommission, the consistency provisions of article fifty-five are no\nlonger required.\n  5. Notwithstanding any other provision of law, any state agency may\nprovide in implementing a ranking system for allocating funds for\ninfrastructure, land acquisition, farmland preservation or park\nassistance projects a preference not to exceed the equivalent of an\nadvantage of five percent for such projects which are identified in a\nland use plan.\n  6.  For the county of Suffolk, and each town or village implementing\nregulations wholly within the Central Pine Barrens area approved by the\ncommission, there may be defense by and shall be indemnity from the\nstate in the event of legal actions or proceedings brought against any\nsuch municipalities or their agents, servants, officials or employees\nthat may result from the municipal acquisition of land consistent with\nthe land use plan or comprehensive management plan or the adoption or\nimplementation of any land use control including, but not limited to,\nthe provisions of a zoning law, ordinance, or regulation consistent with\nthis title or required by the minimum standards and criteria of the land\nuse plan. Indemnity shall not apply to any such claim in which a final\ncourt determination results in a finding of intentional wrongdoing,\nrecklessness, or an unlawful discriminatory practice including the\nfinding that the land use control was intended to exclude a particular\ngroup or individual, or gross negligence on the part of such\nmunicipality or its agents, servants, officials, or employees. Actions\nor proceedings brought under subdivisions two, two-a, three-b, four,\nparagraphs (a) and (b) of subdivision five and subdivisions six, seven,\nfourteen, and eighteen of section two hundred ninety-six of the\nexecutive law and 42 U.S.C. 55 1981, 1983, 1988 shall be indemnified by\nthe state only so far as the grievance alleged in such action or\nproceeding was the result of an act consistent with this title or the\nplan.\n  (a) Such indemnity shall apply only to the extent that any such claim\nexceeds any insurance coverage obtained by the commission from revenues\nin the Pine Barrens fund.\n  (b) Such indemnity shall be conditioned upon (i) delivery by the\ngoverning body or its agent against whom the legal action or proceeding\nwas commenced to the attorney general or an assistant attorney general\nat an office of the department of law in the state the original or a\ncopy of any summons, complaint, process, notice, demand or pleading\nwithin fifteen days after such document is served upon such governing\nbody or its agent, and (ii) the full cooperation of the governing body\nor its agents against whom the action or proceeding was commenced in the\ndefense of such action or proceeding and in defense of any action or\nproceeding against the state based upon the same act or omission, and in\nthe prosecution of any appeal.\n  (c) There shall be no indemnity in the event of a settlement between\nor among the parties to such legal action or proceeding in those\ninstances in which the attorney general is not providing the defense for\nthe governing body or its agents, unless such settlement is approved by\nthe commission with the concurrence of the attorney general.\n  7. Notwithstanding any other provision of law to the contrary and in\naddition to any existing authority therefor, a town or village in\nimplementing regulations approved by the commission and acting in\nfurtherance of the land use plan may enter into an agreement to\ncondition a zoning amendment.\n
N.Y. SOS Law § 131 — New York Code / Act SOS / Article 5 / Title 1 / Section 131
Assistance, care and services to be given
Status: in_force

§ 131. Assistance, care and services to be given. 1. It shall be the\nduty of social services officials, insofar as funds are available for\nthat purpose, to provide adequately for those unable to maintain\nthemselves, in accordance with the requirements of this article and\nother provisions of this chapter. They shall, whenever possible,\nadminister such care, treatment and service as may restore such persons\nto a condition of self-support or self-care, and shall further give such\nservice to those liable to become destitute as may prevent the necessity\nof their becoming public charges.\n  2. It shall be the duty of social services officials, insofar as funds\nare available for that purpose, to cooperate with the directors of state\ndepartment of mental hygiene facilities in order to assist patients\ndischarged or about to be discharged from mental hygiene institutions in\ntheir transition to a condition of self-support and self-care in the\ncommunity.\n  3. As far as possible families shall be kept together, they shall not\nbe separated for reasons of poverty alone, and they shall be provided\nservices to maintain and strengthen family life. In providing such\nservices, the public welfare official may utilize appropriate community\nresources, including non-profit private agencies. Whenever practicable,\nassistance and service shall be given a needy person in his own home.\nThe commissioner of public welfare may, however, in his discretion,\nprovide assistance and care in a boarding home, a home of a relative, a\npublic or private home or institution, or in a hospital.\n  4. For needy persons who are members of a family household, the\nstandard of need for determining their eligibility for public assistance\nshall be as prescribed by section one hundred thirty-one-a of this\nchapter and applicable federal requirements. For needy persons who are\nnot members of a family household, the department shall continue to\ndetermine the standard of need for determining their eligibility for\npublic assistance pursuant to the provisions of this chapter and\napplicable federal requirements.\n  5. No public assistance shall be given to an applicant for or\nrecipient of public assistance who has failed to comply with the\nrequirements of this chapter, or has refused to accept employment in\nwhich he or she is able to engage.\n  5-a. The state commissioner of labor, in cooperation with the\ncommissioner and with individual local social services officials, is\nhereby authorized to locate jobs services personnel wherever\nappropriate, in order to achieve the employment objectives of this\nchapter. Local social services officials, in cooperation with the\ncommissioner and the commissioner of labor, are authorized to locate\nsocial services personnel wherever appropriate, in order to achieve the\nemployment objectives of this chapter.\n  6. No individual who is under the age of eighteen and is not married,\nwho resides with and provides care for his or her dependent child or is\npregnant and otherwise entitled to family assistance shall receive\nfamily assistance for himself or herself unless the individual,\nindividual and child or pregnant woman resides in a place of residence\nmaintained as a home by the individual's parent, legal guardian or other\nadult relative or in an adult-supervised supportive living arrangement.\nWhere possible, any such benefits to be paid on behalf of such\nindividual, individual and child or pregnant woman shall be provided by\nthe social services district to the parent, legal guardian or other\nadult relative with whom such individual, individual and child or\npregnant woman resides. The requirement to reside with a parent,\nguardian or adult relative shall not apply if (a) the individual has no\nliving parent, legal guardian or other appropriate adult relative who is\nliving or whose whereabouts are known or (b) no living parent or legal\nguardian of such individual allows the individual to live in his or her\nhome or (c) the individual or minor child is being or has been subjected\nto serious physical or emotional harm, sexual abuse or exploitation in\nthe residence of the parent or guardian or (d) substantial evidence\nexists of imminent or serious harm if such individual or dependent child\nwere to live in the same residence with the individual's parent or legal\nguardian or (e) it is in the minor child's best interests to waive such\nrequirement with respect to the individual or minor child, as determined\nin accordance with department regulations, consistent with federal law\nand regulations. Unless the individual's current living arrangement is\nappropriate, an individual and his or her minor child who are not\nrequired hereunder to reside with a parent, guardian or adult relative\nshall be required as a condition of assistance to reside in an adult\nsupervised supportive living arrangement approved by the district in\naccordance with standards set by the department and taking into account\nthe needs and concerns of the individual, including but not limited to a\nsecond chance home or maternity home. A "second chance home" is a\nfacility which provides teen parents with a supportive and supervised\nliving arrangement in which they are required to learn parenting skills,\nincluding child development, family budgeting, health and nutrition and\nother skills to promote long-term economic independence and the\nwell-being of their children. Social services districts shall provide\nadult supervised supportive living arrangements or assist individuals in\nlocating them. If a child subject to the requirements of this\nsubdivision alleges facts which, if true, would render the requirement\nto live with a parent, guardian or other adult relative inapplicable by\nreason of paragraph (c) or (d) of this subdivision, a social services\ndistrict shall take no action to deny assistance under the authority of\nthis subdivision unless it has duly investigated in accordance with\nsection four hundred twenty-four of this chapter and made a contrary\nfinding. If a social services district denies assistance after a child\nalleges facts which, if true, would render this subdivision inapplicable\nby reason of paragraph (c) or (d) of this subdivision, the applicant\nshall be entitled to a fair hearing pursuant to section twenty-two of\nthis chapter held within thirty days of the request, if the request is\ntimely made.\n  7. a. Care, treatment and service as provided in subdivision one of\nthis section may include, in accordance with applicable federal and\nstate requirements, if any, medical care, instruction and work training\nto restore health, aptitudes and capabilities or develop new aptitudes\nand skills for the purpose of preparing individuals for gainful\nemployment.\n  b. A public welfare official responsible for the assistance and care\nof a person who, in the judgment of such official, is employable or\npotentially employable, may require such person to receive suitable\nmedical care and/or undergo suitable instruction and/or work training.\nAny such person who wilfully refuses to accept such medical care,\nrefuses or fails to report for or cooperate in a program of instruction\nand/or work training as required by the public welfare official, shall\nbe ineligible to receive public assistance and care. However, the\nrequirements of this provision relating to instruction and work training\nshall not apply in the case of a person who is not available for\nemployment by reason of age, health or other disability.\n  c. The provisions of this section shall not confer authority on a\nsocial services official to provide instruction which is available\nthrough the public school system, but regulations of the department may\nmake provision for such authority when special need therefor is\ndemonstrated.\n  8. This section shall be construed to require the employment of such\nemployees as may be necessary and qualified to perform or provide the\nspecialized services indicated by federal or state requirements.\n  9. Upon determining that a person is eligible for any form or category\nof public assistance, the social services official shall issue to any\nsuch person to whom payment is to be made, an appropriate payment access\ncard, in a form approved by the office of temporary and disability\nassistance, which shall be used as the office of temporary and\ndisability assistance, by regulation, may prescribe for improved\nadministration.\n  10. Any applicant who voluntarily terminated his or her employment or\nvoluntarily reduced his or her earning capacity for the purpose of\nqualifying for public assistance or a larger amount thereof shall be\ndisqualified from receiving such assistance for ninety days from such\ntermination or reduction, unless otherwise required by federal law or\nregulation. Any applicant who applies for public assistance within\nninety days after voluntarily terminating his or her employment or\nreducing his or her earning capacity shall, unless otherwise required by\nfederal law or regulation, be deemed to have voluntarily terminated his\nor her employment or reduced his or her earning capacity for the purpose\nof qualifying for such assistance or a larger amount thereof, in the\nabsence of evidence to the contrary supplied by such person.\n  11. Social services officials are hereby authorized to furnish\nassistance which duplicates assistance already granted, but, unless\notherwise specifically required by the provisions of title eight of\narticle five of this chapter, (i) in no event shall such officials be\nrequired to furnish such assistance and (ii) in no event shall state\nreimbursement be available for such expenditures, provided, however,\nthat any payment required by a court of competent jurisdiction shall be\nsubject to state reimbursement.\n  12. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance or food stamps shall be given to any\nindividual during the ten-year period that begins on the date the\nindividual is convicted in federal or state court of having made a\nfraudulent statement or representation with respect to his or her place\nof residence in order to receive public assistance, medical assistance\nor food stamps simultaneously from two or more states or supplemental\nsecurity income in two or more states. The preceding sentence shall not\napply with respect to a conviction of an individual in any month\nbeginning after the president of the United States grants a pardon with\nrespect to the conduct which was the subject of the conviction.\n  13. Social services districts shall provide all applicants and\nrecipients of public assistance with children five years of age or less\nwith information and a schedule regarding age-appropriate immunizations\nfor children in accordance with the recommendations of the department of\nhealth. The telephone number of the local county health department shall\nbe included on the immunization schedule.\n  14. (a) Notwithstanding any provision of this chapter or other law to\nthe contrary, no public assistance shall be given to any individual who\nis (i) fleeing to avoid prosecution or custody or conviction under the\nlaws of the place from which the individual flees for a crime, or an\nattempt to commit a crime, which is a felony under the laws of the place\nfrom which the individual flees or which, in the case of the state of\nNew Jersey, is a high misdemeanor under the laws of such state or (ii)\nviolating a condition of probation or parole imposed under federal or\nstate law.\n  (b) For purposes of this section, if and to the extent permitted by\nfederal law, a person shall be considered to be violating a condition of\nprobation or parole only if:\n  (i) he or she is currently an absconder from probation or parole\nsupervision and a warrant alleging such a violation is outstanding; or\n  (ii) he or she has been found by judicial determination to have\nviolated probation or by administrative adjudication by the department\nof corrections and community supervision to have violated parole.\n  Such person shall be considered to be violating a condition of\nprobation or parole only until he or she is restored to probation or\nparole supervision or released from custody, or until the expiration of\nthe person's maximum period of imprisonment or supervision, whichever\noccurs first.\n  (c) A person considered to be violating a condition of probation or\nparole under this section shall include a person who is violating a\ncondition of probation or parole imposed under federal law.\n  (d) For purposes of this section, probation or parole shall include\nconditional release, wherever applicable.\n  15. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance shall be given to or for any minor child\nwho has been or is expected to be absent from the home of his or her\nparent or other caretaker relative for a consecutive period of\nforty-five days or more without good cause as set forth in regulations\nof the department, nor shall any assistance be given to any parent or\nother caretaker relative who fails to notify the social services\ndistrict of the absence of the minor child within five days after it\nbecomes clear to the parent (or relative) that the child will be absent\nfor a consecutive period of forty-five days or more. Good cause shall\ninclude absence for placement in foster care if the goal set forth in\nthe child service plan under section four hundred nine-e of this chapter\nis the return of the child to a member of the household, or attendance\nat school or hospitalization, if it is in the best interests of the\nchild to return home and return is expected within a reasonable time.\n  16. If, in accordance with section one hundred fifty-eight, three\nhundred forty-nine-b or other provisions of this chapter, the social\nservices official determines that an individual is not cooperating in\nestablishing paternity or in establishing, modifying, or enforcing a\nsupport order with respect to a child of the individual, and the\nindividual does not have good cause for such failure or is not otherwise\nexcepted from so cooperating in accordance with regulations of the\ndepartment, the assistance given to the household shall be reduced by\ntwenty-five percent.\n  18. Notwithstanding any provision of this chapter or other law to the\ncontrary, no public assistance shall be given to any parent under the\nage of eighteen, who is not married and has a minor child twelve weeks\nof age or more in his or her care and who has not successfully completed\na high school education or its equivalent if such individual does not\nparticipate in educational activities directed toward the attainment of\na high school diploma or its equivalent or an alternative educational or\ntraining program directly related to employment and approved by the\nsocial services district. No person shall be denied assistance under\nthis subdivision during any period of time in which enrollment in\nrequired educational activities is not available. Nothing herein shall\nprohibit a social services district from requiring any person to work\ntoward attaining a secondary school diploma or its equivalent unless\nsuch person has been determined by a medical, psychiatric or other\nappropriate professional to lack the requisite capacity to complete\nsuccessfully such a course of study.\n  19. When a recipient claims that his or her system access device has\nbeen lost, stolen, or destroyed, or that the security features of the\ncard have been compromised, the local social services district, subject\nto reasonable terms and conditions set forth in department regulations\nand policies, shall provide the recipient with a replacement card within\nforty-eight hours exclusive of weekends and holidays.\n  20. In accordance with the provisions of this subdivision and the\nregulations of the office of temporary and disability assistance, social\nservices districts shall make all applicants for and recipients of\npublic assistance aware of their option to receive an information packet\nappropriate for victims of sexual assault. Such information packet shall\nbe made available to all individuals who demonstrate a need for or who\nare interested in receiving services appropriate for victims of sexual\nassault, and shall include referral and contact information for all\nlocal programs that provide services to victims of sexual assault\nincluding, but not limited to:\n  (a) sexual assault examiner programs, including a list of any local\nhospitals offering sexual assault forensic examiner services certified\nby the department of health;\n  (b) rape crisis centers; and\n  (c) other advocacy, counseling, and hotline services appropriate for\nvictims of sexual assault.\n
N.Y. SOS Law § 372-G — New York Code / Act SOS / Article 6 / Title 1 / Section 372-G
Abandoned infant protection program
Status: in_force

§ 372-g. Abandoned infant protection program. The office of children\nand family services shall develop and implement a public information\nprogram to inform the general public of the provisions of the abandoned\ninfant protection act. The program may include but not be limited to the\nfollowing elements:\n  1. educational and informational materials in print, audio, video,\nelectronic, or other media;\n  2. public service announcements and advertisements; and\n  3. establishment of toll-free telephone hotlines to provide\ninformation.\n
N.Y. PBH Law § 2500-G — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-G
Newborn infant hearing screening
Status: in_force

§ 2500-g. Newborn infant hearing screening. 1. The commissioner shall,\nwithin the amounts appropriated therefor, and in consultation with\nhealth care providers or their representatives, establish a program to\nscreen newborn infants for hearing problems. This program shall\nincorporate consensus medical guidelines and protocols, reflecting the\nmost cost-effective methods for detecting hearing problems as early as\npossible in an infant's life. The program shall provide for follow-up\nscreening including referrals for screening or care. Such program shall\nalso provide for the reimbursement of health care providers performing\nsuch services under the program.\n  2. It shall be the duty of the administrative officer or other\ndesignated person at each facility licensed pursuant to article\ntwenty-eight of this chapter caring for newborn infants, to either\nadminister a hearing screening upon each such newborn infant or, if the\nfacility is not reasonably able to screen a newborn infant prior to\ndischarge, provide a referral for the newborn infant to obtain the\nservice following discharge. Facilities subject to the provisions of\nthis section that administer a newborn infant hearing screening shall\nreport to the department in a manner and format required by the\ncommissioner:\n  (a) the results of each newborn infant hearing screening performed;\n  (b) instances in which a newborn infant hearing screening is not\nperformed on a newborn infant before such infant is discharged from the\nfacility; and\n  (c) such other information or data as may be required by the\ncommissioner pursuant to regulation to fulfill the purposes of this\nsection.\n  3. Any person who performs a newborn infant hearing screening, meaning\na hearing screening performed upon a newborn infant, other than a\nhearing screening administered by a facility pursuant to subdivision two\nof this section, or upon a child under six months of age, shall report\nto the department, in a manner and format required by the commissioner\npursuant to regulation:\n  (a) the results of each newborn infant hearing screening performed;\nand\n  (b) such other information or data as may be required by the\ncommissioner to fulfill the purposes of this section.\n  4. The department shall collect and maintain the newborn infant\nhearing results and information provided pursuant to subdivisions two\nand three of this section in a statewide information system developed by\nthe department for such purpose.\n  5. The department shall provide access to newborn infant hearing\nscreening results and other information or data as determined by the\ndepartment to the following persons or entities for the following\npurposes:\n  (a) The commissioner of health for the purposes of outreach, quality\nimprovement and accountability, research, and epidemiological studies\nand disease control;\n  (b) The commissioner of health and mental hygiene for the city of New\nYork and local health departments for purposes of outreach, quality\nimprovement and accountability, research, epidemiological studies and\ndisease control;\n  (c) Health care professionals licensed under title eight of the\neducation law and their designees for the purposes of determining, with\nrespect to newborn infants or children under their care, whether a\nnewborn infant hearing screening was performed, whether a re-screening\nor other follow-up is necessary, to enter newborn infant hearing\nscreening results and data, and for treatment purposes;\n  (d) A facility licensed under article twenty-eight of this chapter\nthat administers a newborn infant hearing screening for the purposes of\nentering newborn infant hearing screening results and data into the\nstatewide information system and determining whether a screening,\nre-screening or other follow-up is necessary;\n  (e) Third party payers as defined in paragraph (f) of subdivision two\nof section twenty-one hundred sixty-eight of this chapter for the\npurposes of quality assurance, accountability and outreach relating to\nenrollees covered by the third party payer; and\n  (f) A commissioner of a local social services district with regard to\nnewborn infants or children in his or her legal custody.\n  6. All newborn hearing screening results and other information or data\nmaintained by the department shall be confidential and shall not be\ndisclosed except as provided for in this section. The parent or guardian\nof a newborn infant or child for whom a newborn infant hearing screening\nwas performed may obtain a copy of the newborn infant hearing screening\nresults from:\n  (a) The facility that administered the newborn infant hearing\nscreening;\n  (b) The person who performed the screening, if the screening was not\nadministered at a facility subject to the provisions of this section; or\n  (c) The statewide information system that maintains the results by\nrequesting the record pursuant to procedures established by the\ncommissioner in regulation.\n
N.Y. EDN Law § 694 — New York Code / Act EDN / Title 1 / Article 14 / Part 5 / Section 694
Sale of education loans
Status: in_force

§ 694. Sale of education loans. 1. The corporation and holders shall\nbe authorized to enter into one or more agreements for the sale of\neducation loans made pursuant to this program.\n  2. Education loan purchases may be financed (i) by bonds issued by the\nstate of New York mortgage agency, or other entity authorized to issue\nbonds for such purpose pursuant to the public authorities law, in an\namount approved by the director of the division of the budget; or (ii)\nby other non-state sources in amounts established pursuant to an\nagreement with the corporation.\n  3. The corporation shall establish the criteria and terms upon which\nlenders may sell education loans subject to the approval of the state of\nNew York mortgage agency or any other entity authorized to issue bonds\nunder this program with respect to loans that are expected to be\nfinanced by such entity.\n
N.Y. EDN Law § 917-A — New York Code / Act EDN / Title 1 / Article 19 / Section 917-A
On-site cardiac automated external defibrillator in nonpublic schools
Status: in_force

§ 917-a. On-site cardiac automated external defibrillator in nonpublic\nschools. 1. Nonpublic schools shall provide and maintain on-site in each\ninstructional school facility automated external defibrillator (AED)\nequipment, as defined in paragraph (a) of subdivision one of section\nthree thousand-b of the public health law, in quantities and types\ndeemed by the commissioner in consultation with the commissioner of\nhealth to be adequate to ensure ready and appropriate access for use\nduring emergencies. Nonpublic schools shall cause such AED to be\nmaintained and tested according to such applicable standards of the\nmanufacturer and any appropriate government agency.\n  2. Whenever nonpublic school facilities pursuant to subdivision one of\nthis section are used for school-sponsored or school-approved curricular\nor extracurricular events or activities and whenever a school-sponsored\nathletic contest is held at any location, the nonpublic school officials\nand administrators responsible for such school facility or athletic\ncontest shall ensure the presence of at least one staff person who is\ntrained, pursuant to subdivision three of this section in the operation\nand use of an AED. Where a school-sponsored competitive athletic event\nis held at a site other than a nonpublic school facility, the nonpublic\nschool officials shall ensure that AED equipment is provided on-site.\n  3. No person may operate an AED in a nonpublic school facility unless\nthe person has successfully completed a training course in the operation\nof an AED consistent with the standards approved by the department of\nhealth under section three thousand-b of the public health law or the\nstate emergency medical services council. However, this section shall\nnot prohibit operation of an AED:\n  (a) by a health care practitioner licensed or certified under title\neight of this chapter or a person certified under article thirty of the\npublic health law acting within their lawful scope of practice;\n  (b) by a person acting pursuant to a lawful prescription; or\n  (c) by a person who operates the AED other than as part of or\nincidental to their employment or regular duties, who is acting in good\nfaith, with reasonable care, and without expectation of monetary\ncompensation, to provide first aid that includes operation of an AED;\nnor shall this section limit any good samaritan protections provided in\nsection three thousand-a of the public health law.\n  4. Every use of an AED on a patient in a nonpublic school shall be\nimmediately reported to the appropriate local emergency medical services\nsystem or public safety answering point.\n  5. Nonpublic schools shall register the existence, location and type\nof any AED they possess with the department of health.\n  6. A nonpublic school shall post a sign or notice at the main entrance\nto the facility or building in which the automated external\ndefibrillator is stored, indicating the location where any such\nautomated external defibrillator is stored or maintained in such\nbuilding or facility on a regular basis.\n  7. (a) Operation of an AED pursuant to this section in a nonpublic\nschool shall be considered first aid or emergency treatment for the\npurpose of any statute relating to liability; and\n  (b) Operation of an AED pursuant to this section in a nonpublic school\nshall not constitute the unlawful practice of a profession under title\neight of this chapter.\n
N.Y. EDN Law § 1125 — New York Code / Act EDN / Title 1 / Article 23-B / Section 1125
Definitions
Status: in_force

§ 1125. Definitions. For the purposes of this article the following\nterms shall have the following meanings:\n  1. "Child abuse" shall mean any of the following acts committed in an\neducational setting by an employee or volunteer against a child: (a)\nintentionally or recklessly inflicting physical injury, serious physical\ninjury or death, or (b) intentionally or recklessly engaging in conduct\nwhich creates a substantial risk of such physical injury, serious\nphysical injury or death, or (c) any child sexual abuse as defined in\nthis section, or (d) the commission or attempted commission against a\nchild of the crime of disseminating indecent materials to minors\npursuant to article two hundred thirty-five of the penal law, or (e)\nusing corporal punishment as defined by the commissioner.\n  2. "Child" shall mean a person under the age of twenty-one years\nenrolled in a school.\n  3. "Employee" shall mean any person: (i) who is receiving compensation\nfrom a school or (ii) whose duties involve direct student contact and\n(a) who is receiving compensation from any person or entity that\ncontracts with a school to provide transportation services to children,\nor (b) who is an employee of a contracted service provider or worker\nplaced within the school under a public assistance employment program,\npursuant to title nine-B of article five of the social services law, and\nconsistent with the provisions of such title for the provision of\nservices to such school, its students or employees, directly or through\ncontract.\n  4. "Volunteer" shall mean any person, other than an employee, who has\ndirect student contact and: (i) provides services to a school, or (ii)\nprovides services to any person or entity that contracts with a school\nto provide transportation services to children.\n  5. "Educational setting" shall mean the building and grounds of a\nschool, the vehicles provided directly or by contract by the school for\nthe transportation of students to and from school buildings, field\ntrips, co-curricular and extra-curricular activities both on and off\nschool grounds, all co-curricular and extra-curricular activity sites,\nand any other location where direct contact between an employee or\nvolunteer and a child has allegedly occurred.\n  6. "Administrator" or "school administrator" shall mean a principal,\nor the equivalent title, in a school, or other chief school officer.\n  7. "Law enforcement authorities" shall mean a municipal police\ndepartment, sheriff's department, the division of state police or any\nofficer thereof. Notwithstanding any other provision of law, law\nenforcement authorities shall not include any child protective service\nor any society for the prevention of cruelty to children as such terms\nare defined in section four hundred twenty-three of the social services\nlaw.\n  8. "Parent" shall mean either or both of a child's parents or other\npersons legally responsible for the child.\n  9. "Child sexual abuse" shall mean conduct prohibited by article one\nhundred thirty or two hundred sixty-three of the penal law.\n  10. "School" shall include a school district, public school, charter\nschool, nonpublic school, board of cooperative educational services,\nspecial act school district as defined in section four thousand one of\nthis chapter, approved preschool special education program pursuant to\nsection forty-four hundred ten of this chapter, approved private\nresidential or non-residential school for the education of students with\ndisabilities including private schools established under chapter eight\nhundred fifty-three of the laws of nineteen hundred seventy-six, or\nstate-operated or state-supported school in accordance with article\neighty-five, eighty-seven or eighty-eight of this chapter.\n
N.Y. EDN Law § 309-A — New York Code / Act EDN / Title 1 / Article 7 / Section 309-A
Twenty-first century schools program
Status: in_force

§ 309-a. Twenty-first century schools program. 1. Twenty-first century\nschools plans. The commissioner is authorized to designate as\n"twenty-first century schools," schools which are implementing approved\nplans to achieve substantial improvement in student achievement.\nApplications for designation as a twenty-first century school may be\nsubmitted on behalf of an individual school, a subset of schools within\na school district or all schools within a school district. Each\napplication for designation as a twenty-first century school shall be\nmade in a form prescribed by the commissioner and shall set forth a\nfive-year plan to enable all students to achieve levels of educational\nachievement that are competitive with high international standards\nthrough implementation of innovative instructional strategies and\nrestructuring of school management and programs. Such application shall\nbe submitted by April first next preceding the school year in which\noperation as a twenty-first century school would commence. The\ntwenty-first century school plan shall be developed through consultation\nwith teachers, administrators, parents and other interested parties and\nshall be approved by the board of education at a public meeting. Such\nconsultation shall be conducted in accordance with plans for\nschool-based planning and shared decision making adopted in accordance\nwith regulations of the commissioner. A school designated as a\ntwenty-first century school may revise its plan, subject to approval by\nthe commissioner and subject to all requirements governing initial\ndevelopment and approval of a plan. A twenty-first century school plan\nshall contain such information as the commissioner may require,\nincluding but not limited to:\n  a. identification of the school or schools included within the plan;\n  b. high, internationally competitive academic content and student\nachievement standards and mechanisms for assessing student achievement\nthat are fair, reliable and valid, that have been selected or developed\nin conjunction with teachers, principals, parents and representatives of\nemployers, organized labor, higher education institutions and community\norganizations and are consistent with standards and assessment practices\ndeveloped by the department, by national organizations of subject-matter\nexperts or by others;\n  c. specific actions to be undertaken to assure that all students,\nregardless of economic background, race, gender, ethnicity, disability\nor limited English proficiency, will have a fair opportunity to achieve\nthe knowledge and skills described in the student achievement standards\npursuant to paragraph b of this subdivision;\n  d. specific improvements in student achievement that the plan is\nexpected to produce including, but not limited to, improvements in\nstudent achievement as reflected in grades, test scores, portfolio\nassessments and student demonstrations of skills or competencies and\nimprovements in attendance and completion rates;\n  e. certifications by the superintendent of schools and the principal\nof each school included in the plan that the school will comply with all\nrequirements of this chapter, rules of the board or regulations of the\ncommissioner listed by the commissioner pursuant to subdivision three of\nthis section;\n  f. a description of the staff development, training and support for\nteachers and other personnel that will be necessary to implement the\nplan;\n  g. any changes in school governance or management, work rules or\nassignment restrictions, pursuant to collective negotiations where\napplicable, needed in order to effectively focus and assist schools in\npreparing students to meet the achievement standards described in\nparagraph b of this subdivision;\n  h. any actions to be undertaken to assist families of students in\naddressing pressing needs that affect student achievement, including,\nbut not limited to, forming partnerships with public and private\nagencies to increase the access of students and families to quality\ncoordinated services;\n  i. any actions to be undertaken to facilitate the transition from\nschool to work or to postsecondary education for all students including,\nfor example, integration of workplace readiness skills and career\ninformation into curricula, provision of school-structured work\nexperiences, cooperation with local employers and articulation of school\nand college programs; and\n  j. a plan for evaluation of the effectiveness of the program.\n  2. Criteria for approval. The commissioner may designate a total of up\nto two hundred fifty twenty-first century schools by the nineteen\nhundred ninety-nine--two thousand school year. The commissioner shall\npromulgate criteria for the designation of twenty-first century schools\nwhich shall include, but not be limited to:\n  a. certifications by the commissioner that: (i) the student\nachievement standards described pursuant to paragraph b of subdivision\none of this section represent high, internationally competitive\nstandards for student knowledge and skills, (ii) that the mechanisms for\nassessing student achievement pursuant to such paragraph b are fair,\nreliable and valid; and (iii) the plan is designed to provide all\nstudents with educational services of a quality at least as high as\nthose offered under existing practices, without regard to economic\nbackground, race, gender, ethnicity, disability or limited English\nproficiency;\n  b. the potential of the school plan for use as a model to be\nreplicated by other similarly situated schools and the probability of\nsuccess in substantially improving levels of achievement for all\nstudents, without regard to economic background, race, gender,\nethnicity, disability or limited English proficiency;\n  c. evidence and strength of support for the proposal among teachers,\nparents and staff;\n  d. use of nationally recognized school restructuring and improvement\nmodels and reliance upon research-based strategies for improving student\nachievement; and\n  e. changes in local policies to provide the school or schools with\nadditional enhanced flexibility.\n  The commissioner shall designate twenty-first century schools after\nconsultation with the twenty-first century schools committee established\npursuant to subdivision six of this section. The commissioner shall, to\nthe extent practicable, provide for designation of schools located in a\nmixture of urban, rural and suburban settings. The commissioner shall\ntake specific actions to encourage applications from schools located in\neconomically and socially distressed communities.\n  3. Exemption from regulation. A school designated as a twenty-first\ncentury school shall:\n  a. be exempt from complying with rules of the board and regulations of\nthe commissioner to the extent necessary to implement an approved\ntwenty-first century school plan and except as provided in paragraphs b\nand c of this subdivision;\n  b. be authorized, as part of a twenty-first century school plan or\nrevision thereto, to request approval by the commissioner to be exempted\nfrom specific requirements of this chapter except as provided in\nparagraph c of this subdivision and provided that the school shall\ncontinue to meet the underlying purposes of the statute to the\nsatisfaction of the commissioner and that the exemption shall be granted\nonly to the extent necessary to implement an approved twenty-first\ncentury school plan in the affected school or schools and provided\nfurther, that within thirty days of granting an exemption pursuant to\nthis paragraph, the commissioner shall provide written notice of such\naction to the governor, the temporary president of the senate and the\nspeaker of the assembly; and\n  c. not be exempt from complying with requirements of this chapter,\nrules of the board or regulations of the commissioner that (i) protect\nthe health, safety and civil rights of students and staff, (ii)\nimplement the requirements of federal law or regulation, (iii) provide\nfor teacher, staff and parent participation and involvement, maintenance\nof effort or equitable participation of students and staff in nonpublic\nschools, (iv) require the use of certified teachers, or (v) pertain to\nattendance of pupils; further, nothing herein shall be construed to\nexempt a twenty-first century school or its governing district from\ncomplying with the provisions of titles two and four of this chapter,\nwith the requirement to offer students the opportunity to meet all the\nrequirements for and receive a regents high school diploma or with\nrequirements to reporting data necessary for the computation of state\naid.\n  On or by October first, nineteen hundred ninety-four, the commissioner\nshall promulgate and provide to the governor, the temporary president of\nthe senate and the speaker of the assembly a preliminary list of all\nrequirements from which twenty-first century schools shall be required\nto request specific exemption as provided in paragraph b of this\nsubdivision and with which twenty-first century schools shall be\nrequired to comply as provided in paragraph c of this subdivision. The\ncommissioner shall promulgate a final list of all such requirements on\nNovember first, nineteen hundred ninety-four. The commissioner shall\nrevise such list as needed and, in each case, shall provide a\npreliminary revised list to the governor, the temporary president of the\nsenate and the speaker of the assembly at least thirty days prior to\npromulgating a final revised list.\n  4. School evaluations and reports. Each school designated as a\ntwenty-first century school shall annually review its effectiveness in\nimproving student performance and enabling all students to achieve to\nhigh internationally competitive standards and shall report the results\nof this review to the commissioner by September first next succeeding\neach year of operation as a twenty-first century school. Prior to the\nstart of a school's third year of operation as a twenty-first century\nschool, the school and the commissioner shall jointly review the\nschool's performance to identify areas in need of improvement and to\ndevelop revisions to the school's twenty-first century school plan to\nremedy the identified shortcomings. If, as a result of such review, the\ncommissioner determines that the school is unlikely to produce\nimprovement in student achievement, he or she shall commence action to\nrevoke the school's designation as a twenty-first century school in\naccordance with the provisions of subdivision five of this section. The\ntrustees or board of education of each district operating a twenty-first\ncentury school shall arrange for an independent evaluation of such\nschool's effectiveness in substantially improving student achievement.\nSuch independent evaluation shall be completed and transmitted to the\ncommissioner within ninety days after completion of the fourth year of\nthe school's operation as a twenty-first century school. Such\nindependent evaluation shall be conducted by an agency selected by the\ntrustees or board of education of the district and approved by the\ncommissioner.\n  5. Duties of the commissioner and department. The commissioner shall\npromulgate guidelines to implement the provisions of this section, shall\nannually review the performance of all schools designated as\ntwenty-first century schools, shall provide technical assistance and\nsupport, as appropriate, to all such schools, and shall submit to the\nregents, the legislature and the governor, no later than February first,\nan annual report describing the effectiveness of the twenty-first\ncentury schools program, recommending changes in the program and\nrecommending changes in laws and regulations affecting all schools based\nupon the experiences of twenty-first century schools. The first such\nreport shall be submitted no later than June first, nineteen hundred\nninety-five and shall detail the steps undertaken to implement the\nprovisions of this section. Each such annual report shall list and\nsummarize all exemptions requested, granted and denied pursuant to\nparagraph b of subdivision three of this section. The commissioner may,\nacting either upon complaint or upon his or her own initiative, revoke a\nschool's designation as a twenty-first century school for good cause\nshown and after affording the school an opportunity to present arguments\nagainst revocation.\n  6. Twenty-first century schools committee. There is hereby established\nthe twenty-first century schools committee. The committee shall advise\nand assist the commissioner in developing guidelines to implement the\nprovisions of this section, selecting schools for designation as\ntwenty-first century schools, reviewing the performance of such schools,\nevaluating the overall effectiveness of the twenty-first century schools\nprogram and recommending changes to the program and to laws, rules and\nregulations affecting all schools based upon the experiences of\ntwenty-first century schools. The committee shall consist of thirteen\nmembers, appointed by the governor, of whom three shall be appointed on\nthe recommendation of the commissioner, two on the recommendation of the\ntemporary president of the senate, two on the recommendation of the\nspeaker of the assembly, one on the recommendation of the minority\nleader of the senate and one on the recommendation of the minority\nleader of the assembly. The commissioner shall designate the chair. The\nappointing authorities shall attempt to assure that the membership of\nthe committee includes representatives of parents, teachers, school\nboard members and school administrators as well as representatives of\ntheir own institutions.\n