N.Y. LFN Law § 54.10 — New York Code / Act LFN / Article 2 / Title 4 / Section 54.10
Bonds and notes of the city of New York; certain provisions
Status: in_force

§ 54.10 Bonds and notes of the city of New York; certain provisions.\nSubject to the provisions of the financial emergency act for the city of\nNew York but notwithstanding any other law to the contrary:\n  (a) To facilitate the marketing of any issue of bonds or notes of the\ncity of New York issued on or before June thirtieth, two thousand\ntwenty-seven, the mayor and comptroller of such city may, subject to the\napproval of the state comptroller and the limitations on private sales\nof bonds and notes, respectively, provided by law:\n  (i) arrange for the underwriting of its bonds or notes through\nnegotiated agreement or public letting, and provide for compensation for\nservices rendered in connection with such underwriting by negotiated fee\nor by sale of such bonds or notes to an underwriter at a price of less\nthan the sum of par value of, and the accrued interest on, such\nobligations;\n  (ii) arrange for the private sale of its bonds or notes through\nnegotiated agreement, and provide for compensation for services rendered\nin connection with such sales by negotiated fee or by sale of such bonds\nor notes at a price of less than the sum of par value of, and the\naccrued interest on, such obligations;\n  (iii) provide for redemption of its bonds or notes on such date or\ndates prior to the date of their maturity at a price or prices and\npursuant to such terms as may be determined by the city at the time of\nthe issuance thereof, notwithstanding any limitation set forth in\nsection 53.00 of this chapter. The cost of such underwriting or private\nplacement together with other costs of the issuance of obligations,\nshall be deemed a part of the cost of the objects or purposes financed\nby an issue of obligations.\n  (b) Without further approval the mayor and comptroller of the city of\nNew York may provide for or enter into agreements which provide for the\npayment of a guarantee fee or any other amounts required by the United\nStates of America or any agency or instrumentality thereof in connection\nwith any guarantee of the payment of the principal of or interest on\nbonds or notes issued by such city or the municipal assistance\ncorporation for the city of New York.\n  (c) Without further approval the mayor and comptroller of the city of\nNew York may provide for or enter into agreements which provide for the\npayment of compensation by negotiated fee or otherwise to a financial\nadvisor to such city engaged pursuant to any agreement with the\nsecretary of the Treasury in connection with the guarantee by the United\nStates of America or any agency or instrumentality thereof of the\nprincipal of or interest on bonds or notes issued by such city or the\nmunicipal assistance corporation for the city of New York or to enhance\nthe city's ability to market its obligations to the public.\n  (d) Without further approval the mayor and the comptroller of the city\nof New York may provide for or enter into agreements which provide for\nthe compensation by negotiated fee or otherwise of a trust company or\nbank having the powers of a trust company in the state of New York to\nhold, maintain and administer funds in accordance with the provisions of\nsection nine-a of the New York state financial emergency act for the\ncity of New York.\n  (e) Without further approval the mayor and the comptroller of the city\nof New York may provide for or enter into agreements which provide for\nthe payment of any amount required in exchange for a commitment to\npurchase bonds or notes of the city, and in addition may enter into\nagreements upon such terms, including but not limited to terms governing\npayment, redemption and refunding, as they deem reasonable and\nappropriate to facilitate the issuance and sale of notes with an\ninterest rate which may vary pursuant to section 60.00 of this chapter.\n
N.Y. PBH Law § 561 — New York Code / Act PBH / Article 5 / Title 4 / Section 561
Laboratory supply stations; custodian; appointment
Status: in_force

§ 561. Laboratory supply stations; custodian; appointment. The\ncommissioner may appoint the health officer of any municipality or\ncounty, the director or person in charge of any public health\nlaboratory, or other competent person, to serve as the custodian of the\ndistrict laboratory supply station.\n
N.Y. RPT Law § 499-CC — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-CC
Eligibility requirements
Status: in_force

§ 499-cc. Eligibility requirements. 1. No abatement shall be granted\npursuant to this title unless:\n  (a) the landlord enters into a lease for eligible premises with a new\ntenant or a renewal tenant and:\n  (1) the lease commencement date is within the eligibility period;\n  (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch new or renewal tenant employs one hundred twenty-five or fewer\nemployees in the eligible premises, the initial lease term is for a\nperiod of at least five years or, with respect to a lease commencing on\nor after April first, nineteen hundred ninety-seven, the initial lease\nterm is for a period of at least three years; or (ii) if, by the\nsixtieth day following the rent commencement date, such new or renewal\ntenant employs more than one hundred twenty-five employees in the\neligible premises, the initial lease term is for a period of at least\nten years; or (iii) with respect to a lease for eligible premises as\ndefined in subparagraph (ii) of paragraph (b) or paragraph (c) of\nsubdivision ten of section four hundred ninety-nine-aa of this title\ncommencing on or after July first, two thousand five, the initial lease\nterm is for a period of at least three years; and\n  (3) (i) if the lease is with a new tenant required to sign a lease\nwith an initial lease term of at least five years, expenditures on\nimprovements to the eligible premises and the common areas of the\neligible building are in an amount at least equal to five dollars per\nsquare foot, provided, however, that with respect to a lease commencing\non or after April first, nineteen hundred ninety-seven, if, by the\nsixtieth day following the rent commencement date, the new tenant\nemploys one hundred twenty-five or fewer employees in the eligible\npremises, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\ntwo dollars and fifty cents per square foot; or (ii) if the lease is\nwith a new tenant required to sign a lease with an initial lease term of\nat least ten years, expenditures on improvements to the eligible\npremises and the common areas of the eligible building are in an amount\nat least equal to twenty-five dollars per square foot; or (iii) if the\nlease is with a renewal tenant, expenditures on improvements to the\neligible premises and the common areas of the eligible building are in\nan amount at least equal to five dollars per square foot for any\npremises previously occupied by such renewal tenant, provided, however,\nthat with respect to a lease commencing on or after April first,\nnineteen hundred ninety-seven, if, by the sixtieth day following the\nrent commencement date, the renewal tenant employs one hundred\ntwenty-five or fewer employees in the eligible premises previously\noccupied by such renewal tenant, expenditures on improvements to the\neligible premises and the common areas of the eligible building are in\nan amount at least equal to two dollars and fifty cents per square foot;\nand in an amount at least equal to the amount specified in clause (i) or\n(ii) of this subparagraph, depending upon the required initial lease\nterm, for any premises not previously occupied by such renewal tenant;\nor (iv) if the lease is with a new tenant for eligible premises as\ndefined in subparagraph (ii) of paragraph (b) or paragraph (c) of\nsubdivision ten of section four hundred ninety-nine-aa of this title,\nexpenditures on improvements to the eligible premises and the common\nareas of the eligible building are in an amount at least equal to two\ndollars and fifty cents per square foot; or (v) if the lease is with a\nrenewal tenant for eligible premises as defined in subparagraph (ii) of\nparagraph (b) or paragraph (c) of subdivision ten of section four\nhundred ninety-nine-aa of this title, expenditures on improvements are\nin an amount at least equal to five dollars per square foot for any\npremises previously occupied by such renewal tenant, and in an amount at\nleast equal to two dollars and fifty cents per square foot for any\npremises not previously occupied by such renewal tenant; or\n  (b) the landlord enters into a lease with an expansion tenant for\nexpansion premises and:\n  (1) the lease commencement date is within the eligibility period;\n  (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch expansion tenant employs one hundred twenty-five or fewer employees\nin the expansion premises, the initial lease term for the expansion\npremises is for a period of at least five years or, with respect to a\nlease commencing on or after April first, nineteen hundred ninety-seven,\nthe initial lease term is for a period of at least three years; or (ii)\nif, by the sixtieth day following the rent commencement date, such\nexpansion tenant employs more than one hundred twenty-five employees in\nsuch expansion premises, the initial lease term for the expansion\npremises is for a period of at least ten years; or (iii) with respect to\na lease commencing on or after July first, two thousand five for\neligible premises as defined in subparagraph (ii) of paragraph (b) or\nparagraph (c) of subdivision ten of section four hundred ninety-nine-aa\nof this title, the initial lease term is for a period of at least three\nyears; and\n  (3) (i) if the lease is with an expansion tenant required to sign a\nlease with an initial lease term of at least five years, expenditures on\nimprovements to the expansion premises and the common areas of the\neligible building are in an amount at least equal to five dollars per\nsquare foot, provided, however, that with respect to a lease commencing\non or after April first, nineteen hundred ninety-seven, if, by the\nsixtieth day following the rent commencement date, the expansion tenant\nemploys one hundred twenty-five or fewer employees in the expansion\npremises, expenditures on improvements to the expansion premises and the\ncommon areas of the eligible building are in an amount at least equal to\ntwo dollars and fifty cents per square foot; or (ii) if the lease is\nwith an expansion tenant required to sign a lease with an initial lease\nterm of at least ten years, expenditures on improvements to the\nexpansion premises and the common areas of the eligible building are in\nan amount at least equal to twenty-five dollars per square foot; or if\nthe lease is with an expansion tenant for eligible premises as defined\nin subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision\nten of section four hundred ninety-nine-aa of this title, expenditures\non improvements to the expansion premises and the common areas of the\neligible building are in an amount at least equal to two dollars and\nfifty cents per square foot.\n  2. No abatement shall be granted pursuant to this title if an\napplicant shall fail to meet any of the requirements of this title\nwithin sixty days of the rent commencement date; provided that for a\nlease with a renewal tenant, the expenditures on improvements required\nby subdivision one of this section shall be made within one year of the\nlease commencement date.\n  3. (a) (i) With respect to the abatement zone defined in paragraph (a)\nof subdivision two of section four hundred ninety-nine-aa of this title\nand for purposes of determining whether the amount of expenditures\nrequired by subdivision one of this section have been satisfied,\nexpenditures on improvements to the common areas of an eligible building\nshall be included only if work on such improvements commenced and the\nexpenditures are made on or after April first, nineteen hundred\nninety-five and on or before September thirtieth, two thousand one;\nprovided, however, that expenditures on improvements to the common areas\nof an eligible building made prior to three years before the lease\ncommencement date shall not be included.\n  (ii) With respect to the eligible premises defined in subparagraph (i)\nof paragraph (b) of subdivision ten of section four hundred\nninety-nine-aa of this title and for purposes of determining whether the\namount of expenditures required by subdivision one of this section have\nbeen satisfied, expenditures on improvements to the common areas of an\neligible building shall be included only if work on such improvements\ncommenced and the expenditures are made on or after July first, two\nthousand and on or before December thirty-first, two thousand ten;\nprovided, however, that expenditures on improvements to the common areas\nof an eligible building made prior to three years before the lease\ncommencement date shall not be included.\n  (iii) With respect to the eligible premises defined in subparagraph\n(ii) of paragraph (b) or paragraph (c) of subdivision ten of section\nfour hundred ninety-nine-aa of this title and for purposes of\ndetermining whether the amount of expenditures required by subdivision\none of this section have been satisfied, expenditures on improvements to\nthe common areas of an eligible building shall be included only if work\non such improvements commenced and the expenditures are made on or after\nJuly first, two thousand five and on or before December thirty-first,\ntwo thousand twenty-eight; provided, however, that expenditures on\nimprovements to the common areas of an eligible building made prior to\nthree years before the lease commencement date shall not be included.\n  (b) The landlord may allocate expenditures on improvements to the\ncommon areas of an eligible building to eligible tenants in such manner\nas reasonably relates to such eligible tenants.\n  4. For purposes of this title, the expiration date of a lease shall be\ndetermined by the expiration date set forth in such lease, without\ngiving effect to any rights of the landlord or the tenant to terminate\nsuch lease prior to the expiration date set forth therein.\n  5. The lease for the eligible premises shall contain the following\nprovisions:\n  (a) a statement of the tenant's percentage share;\n  (b) a statement certifying the percentage of eligible premises\noccupied or used for industrial and manufacturing activities, as defined\nin subdivision fourteen-a of section four hundred ninety-nine-aa of this\ntitle, and the percentage of eligible premises occupied or used for\nancillary purposes where the lease is for eligible premises defined in\nsubparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten\nof section four hundred ninety-nine-aa of this title;\n  (c) a statement informing the tenant in at least twelve-point type\nthat:\n  (1) an application for abatement of real property taxes pursuant to\nthis title will be made for the premises;\n  (2) the rent, including amounts payable by the tenant for real\nproperty taxes, will accurately reflect any abatement of real property\ntaxes granted pursuant to this title for the premises;\n  (3) at least five dollars per square foot or twenty-five dollars per\nsquare foot must be spent on improvements to the premises and the common\nareas, the amount being dependent upon the length of the lease and\nwhether it is a new or a renewal lease, provided, however, that with\nrespect to a lease commencing on or after April first, nineteen hundred\nninety-seven, if, by the sixtieth day following the rent commencement\ndate, the tenant employs one hundred twenty-five or fewer employees in\nthe relevant premises, at least two dollars and fifty cents per square\nfoot must be spent on improvements to the premises and the common areas;\nand\n  (4) all abatements granted with respect to a building pursuant to this\ntitle will be revoked if, during the benefit period, real estate taxes\nor water or sewer charges or other lienable charges are unpaid for more\nthan one year, unless such delinquent amounts are paid as provided in\nsubdivision four of section four hundred ninety-nine-ff of this title;\nand\n  (5) all benefits granted with respect to eligible premises as defined\nin subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision\nten of section four hundred ninety-nine-aa of this title will be reduced\nif, during the benefit period, the aggregate floor area of such eligible\npremises occupied or used for industrial and manufacturing activities,\nas defined in subdivision fourteen-a of section four hundred\nninety-nine-aa of this title, is reduced.\n  6. No abatement shall be granted pursuant to this title if:\n  (a) the lease for the eligible premises provides that during the\ninitial lease term required by subdivision one of this section either\nthe landlord or the tenant may terminate such lease prior to the\nexpiration date of such required initial lease term; provided that such\nlease may provide that either the landlord or the tenant may terminate\nsuch lease if (1) the other party is in default of any of such party's\nobligations under the lease, (2) the eligible premises are damaged or\ndestroyed by fire or other casualty, (3) the eligible premises are\nrendered unusable for any reason not attributable to any act or failure\nto act of either tenant or landlord, or (4) the eligible premises are\nacquired by eminent domain; and\n  (b) there are real property taxes, water or sewer charges or other\nlienable charges currently due and owing on the eligible building which\nis the subject of an application for abatement pursuant to this title,\nunless such real property taxes or charges are currently being paid in\ntimely installments pursuant to a written agreement with the department\nof finance or other appropriate agency.\n  7. No abatement shall be granted pursuant to this title unless the\napplicant shall file, together with the application, an affidavit\nsetting forth the following information:\n  (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of abatement, neither the\napplicant nor any person owning a substantial interest in the eligible\nbuilding as defined in paragraph (c) of this subdivision, nor any\nofficer, director or general partner of the applicant or such person was\nfinally adjudicated by a court of competent jurisdiction to have\nviolated section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building, or was\nan officer, director or general partner of a person at the time such\nperson was finally adjudicated to have violated such law; and\n  (b) a statement setting forth any pending charges alleging violation\nof section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building by the\napplicant or any person owning a substantial interest in the eligible\nbuilding as defined in paragraph (c) of this subdivision, or any\nofficer, director or general partner of the applicant or such person, or\nany person for whom the applicant or person owning a substantial\ninterest in the eligible building is an officer, director or general\npartner.\n  (c) for purposes of this subdivision and subdivision seven of section\nfour hundred ninety-nine-ff of this title, "substantial interest" shall\nmean ownership and control of an interest of ten per centum or more in\nthe eligible building or in any person owning the eligible building.\n
N.Y. EDN Law § 3032 — New York Code / Act EDN / Title 4 / Article 61 / Section 3032
Teacher summer business training and employment program; and employer specific skill training grant program
Status: in_force

§ 3032. Teacher summer business training and employment program; and\nemployer specific skill training grant program. 1. Definitions. (a)\n"Regions" for the purposes of this section means regions as established\nby the commissioner pursuant to the provisions of the vocational\neducation act.\n  (b) "Local education agencies" for the purposes of this section means\nschool districts, boards of cooperative educational services, community\ncolleges, agricultural and technical colleges, state university of New\nYork college of technology and centers for advanced technology\ndesignated pursuant to section three thousand one hundred two-a of the\npublic authorities law, and other postsecondary providers of career\neducation as set forth annually by the commissioner as eligible\nrecipients under the federal vocational education act of nineteen\nhundred eighty-four.\n  (c) "Total employment cost" means salary or wages paid directly to\neach teacher participating and associated fringe benefits which accrue\nto each teacher in the teacher summer business training and employment\nprogram.\n  2. Allocations. The commissioner shall allocate the lesser of forty\nthousand dollars or one percent of the total appropriation for the\npurposes of this section to each region for administering and conducting\nemployer specific skill training and employment programs and the\nremainder of such appropriation shall be allocated to each region for\nthe administration and support of teacher summer business training and\nemployment programs based on the proportion of the base year full time\nteachers in the public schools of all school districts and boards of\ncooperative educational services within the region to the total of such\nteachers in the state, provided however, that each region shall receive\nat least five percent of the allocation for such purposes and provided\nfurther that the cost due to such five percent allowance shall be\nproportionally borne by the regions not so affected. Use of funds for\nadministration of the summer business training and employment programs\nshall not exceed six percent of the allocation to a region.\n  3. Teacher summer business training and employment program. (a) In any\ncase in which a business or industry within the state shall employ\nduring the months of July and August a teacher of mathematics,\nchemistry, biology, earth science, physics, computer science, career\neducation or an elementary specialist in the area of mathematics or\nscience or commencing July first, nineteen hundred eighty-five, a\nteacher of other subject areas as the commissioner may deem appropriate,\nthe state will assist employers with costs associated with approved work\nexperience for such teachers. Such business or industry shall request\nthat the chief administrative officer of the school district or board of\ncooperative educational services employing such teacher during the same\nschool year as such business or industry employment occurs, certify to\nthe commissioner that the summer work experience involved will directly\nbenefit the individual's effectiveness as a teacher of mathematics,\nchemistry, biology, earth science, physics, computer science, career\neducation, or other subject areas as the commissioner may deem\nappropriate. If such chief administrative officer so certifies, then\nsuch officer shall also file the request with the local education agency\ndesignated by the commissioner for pre-approval for funding under this\nprogram in the applicable region. The commissioner shall not approve any\nrequests for approval that would result in the maximum allocation for\nthe applicable region being exceeded. No approval shall be given except\nfor the lesser of thirty per centum of the total employment cost or one\nthousand dollars per employed teacher. The remainder of such costs shall\nbe borne by the business employer involved. Participation in this\nprogram shall be at the option of each school district or board of\ncooperative educational services.\n  (b) Such requests for pre-approval and certifications shall be on a\nform prescribed by the commissioner. Such form shall include but not be\nlimited to certification of the employer regarding work to be performed\nby the teacher, wages, hours, and the certification of the chief\nadministrative officer of the school district or board of cooperative\neducational services as the case may be, as prescribed in this\nsubdivision.\n  (c) The local education agency designated by the commissioner shall be\nauthorized to submit a claim to the commissioner for an amount of money\nequal to eighty percent of the anticipated expenditure, based upon the\nrequests for pre-approval and certification received. If the\ncommissioner approves, he shall pay that amount to such local education\nagency within thirty days of the receipt of such claim.\n  (d) Upon completion of such employment, the participating business or\nindustry shall certify to the local education agency designated by the\ncommissioner the identity of the employee, the wages actually paid, the\nhours worked and the period in which such hours were worked and shall\nassess such local education agency for thirty per centum of such salary\nand wage not to exceed one thousand dollars per employed teacher. If the\ncommissioner approves, he shall reimburse such local education agency\nupon receipt of a claim pursuant to this section as provided by law the\namount of money equal to the difference between the monies paid to the\nlocal education agency pursuant to paragraph (c) of this subdivision and\nthe actual approved expenditure. If the monies paid to the local\neducation agency pursuant to paragraph (c) of this subdivision exceeds\nthe actual approved expenditure, the local education agency shall\nreimburse that difference to the commissioner.\n  (e) The commissioner shall monitor implementation of programs,\nevaluate progress, and require reports. Any funds allocated to a region\nbut not committed for the purposes of this subdivision by September\nfifteenth of the current year shall be reallocated by the commissioner\nfor the purposes of subdivision four of this section.\n  4. Employer specific skill training grant programs. (a) Employer\nspecific skill training grant programs shall be designed to support,\nsupplement and contribute to the expansion and maintenance of the\neconomy of the state. Local education agencies shall apply to the\ncommissioner for grants for conducting employer specific skill training\nprograms. Application for funds by local education agencies for training\nprograms shall be in a manner consistent with the application process\nfor business and industry specific training programs under the\nvocational education act of 1963 and the job training partnership act;\nthe sum of such grants per region shall not exceed the total funds\nallocated or reallocated to the region for such purposes. Such programs\nshall provide retraining and upgrading to existing or potential\npersonnel in order to improve technology, quality control, production\nefficiency, or to adapt to other changes in the labor market, or to\nprovide unique training programs to meet the emerging needs and\noccupations of the state's business and industry or providing training\nto individuals to promote the successful management and/or operation of\na worker owned cooperative or an employee stock ownership plan or\nemployee-owned enterprises, as defined in subdivision five of section\neighteen hundred thirty-six-b of the public authorities law, by such\nemployees. No grant shall exceed fifty per centum of the total program\ncost. Eligible program cost may include employer wages paid to the\nemployee for time spent in the training program. Applications for a\ngrant by local education agencies shall be in a form prescribed by the\ncommissioner.\n  (b) By October first, nineteen hundred eighty-six the department of\neducation, the department of commerce, and the urban development\ncorporation shall enter into cooperative agreements to promote more\neffective coordination of employer specific training programs with\nregional economic development strategies and other activities conducted\nby the department of commerce, the urban development corporation and\nother state, regional, and local agencies intended to promote economic\ndevelopment. In preparing these agreements the parties to the\ncooperative agreements shall solicit comments from the regional economic\ndevelopment councils, regional education center for economic development\ncoordinating committees, technology development councils, private\nindustry councils and other appropriate entities within the regions as\nidentified by the commissioner, the commissioner of commerce, or the\nchairman of the urban development corporation. Such cooperative\nagreements shall be reviewed and revised annually.\n  (c) The commissioner shall monitor implementation of programs,\nevaluate progress, and require reports as needed.\n  (d) If any funds allocated to a region are not committed for the\npurposes of this subdivision by November fifteenth, the commissioner may\nreallocate some or all of such funds to another region.\n  5. Additional employer specific skills training grants. The additional\nappropriation for the purposes of this subdivision for administering and\nconducting employer specific skills training programs shall be allocated\nas follows: (a) thirty percent shall be allocated equally among the\nregions; and (b) seventy percent shall be allocated among the regions\nbased upon the proportion of unemployed persons within the region to the\ntotal number of unemployed persons in the state for the most recent\ncalendar year as determined by the state department of labor using the\ncivilian non-instructional population sixteen years of age or older\nlabor series. Not less than twenty percent of the additional allocation\nto each region pursuant to this paragraph shall be available for\ntraining programs which will provide placements for persons who are\neconomically disadvantaged or dislocated workers as defined pursuant to\nthe federal job training partnership act. If any money allocated to a\nregion pursuant to this paragraph is not committed by March first of\neach year or is committed prior to March first and is subsequently found\nto be unnecessary for expenditure to meet existing contractual\nobligations, the commissioner shall reallocate such funds to approved\nprograms including but not limited to those programs which serve\neconomically disadvantaged or dislocated workers in regions eligible\npursuant to this paragraph.\n  6. Annual report. Annually, on or before January first of each year,\nthe commissioner shall report to the governor, the temporary president\nof the senate and speaker of the assembly and chairpersons of the\nappropriate committees on the impact of this program. Such report shall\ninclude but not be limited to:\n  (a) The allocation of funding among the regions pursuant to this\nsection.\n  (b) The amount of funding that was made available by each region for\nreallocation pursuant to this section. Such amount shall include\nseparately the amount made available due to the region's inability to\nencumber available funds and the amount made available due to the\noverestimation of projected program costs.\n  (c) The amount of funding that was expended by each region for\nadministrative activities.\n  (d) The allocation of funding among the regions providing for employer\nspecific skills training grant programs which are administered by the\ndepartment and funded through other sources including, but not limited\nto, the federal vocational education act and the federal job training\npartnership act and the extent to which such funds are combined with the\nfunds appropriated pursuant to this section to provide funding for\nindividual projects.\n  (e) The participation, completion, and placement rate of individuals\nenrolled in employer specific skills training grant programs\nadministered by the department and funded pursuant to this section and\nthrough other available sources of funding, with particular emphasis on\nthe rates for individuals who are economically disadvantaged or\ndislocated workers.\n  (f) A description and evaluation of programs undertaken pursuant to\nthe cooperative agreements required under this section.\n  7. The commissioner shall adopt rules and regulations to implement the\nprovisions of this section. Rules and regulations governing the employer\nspecific skills training program established pursuant to this section\nshall be promulgated by the commissioner, assisted by the commissioner\nof economic development and in consultation with the department of\neconomic development. Such rules and regulations shall be consistent\nwith the program plan required by subdivision nineteen of section one\nhundred of the economic development law.\n
N.Y. PBA Law § 1682 — New York Code / Act PBA / Article 8 / Title 4 / Section 1682
Bonds of the authority
Status: in_force

§ 1682. Bonds of the authority. 1. The authority shall have power as\nhereby authorized from time to time to issue negotiable bonds in\nconformity with applicable provisions of the uniform commercial code.\nThe authority shall have power from time to time to refund any bonds by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds partly to refund bonds then outstanding\nand partly for any other corporate purpose. In computing the total\namount of bonds of the authority which may at any time be outstanding\nthe amount of the outstanding bonds to be refunded from the proceeds of\nthe sale of new bonds or by exchange for new bonds shall be excluded.\nExcept as may otherwise be expressly provided by the authority, every\nissue of the bonds shall be general obligations payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues.\n  2. Such bonds shall be authorized by resolution of the board, be in\nsuch denominations and shall bear such date or dates, mature at such\ntime or times not exceeding forty years from their respective dates,\nbear interest at such rate or rates payable at such times, be in such\nform, either coupon or registered, carry such registration privileges,\nbe executed in such manner, be payable in such medium of payment at such\nplace or places, and be subject to such terms of redemption as such\nresolution or resolutions may provide. Such bonds may be sold at public\nor private sale for such price or prices as the authority shall\ndetermine.\n  3. Such bonds may be issued for any corporate purposes of the\nauthority.\n  4. Any resolution or resolutions authorizing any bonds may contain\nprovisions which may be a part of the contract with the holders of the\nbonds, as to\n  (a) pledging all or any part of the moneys or property of the\nauthority to secure the payment of its bonds, including, but not limited\nto, the revenues of designated dormitories, the proceeds of any grant in\naid of the authority received from any private or public source, any\nfederally guaranteed security and moneys received therefrom whether such\nsecurity is initially acquired by the authority or an educational\ninstitution, any moneys received under the terms of any lease, loan or\nother agreement executed pursuant to section sixteen hundred\nseventy-eight, section sixteen hundred eighty or sixteen hundred\neighty-a of this chapter or any other revenues, state aid, local\nassistance payments, user charges or surcharges made available in\naccordance with law for such purpose;\n  (b) the setting aside of reserves or sinking funds and the regulation\nor disposition thereof;\n  (c) the purpose and limitations thereon to which the proceeds of sale\nof any issue of bonds then or thereafter to be issued may be applied,\nincluding as authorized purposes, all costs and expenses necessary or\nincidental to the issuance of bonds, to the acquisition of or commitment\nto acquire any federally guaranteed security and to the issuance and\nobtaining of any federally insured mortgage note;\n  (d) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (e) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto and the manner in which such consent may\nbe given;\n  (f) the creation of special funds into which any moneys of the\nauthority may be deposited;\n  (g) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section sixteen hundred eighty-six of this\nchapter, and limiting or abrogating the right of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (h) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, providing, that such rights and remedies\nshall not be inconsistent with the general laws of this state and other\nprovisions of this title;\n  (i) any other matters, of like or different character, which in any\nway affect the security and protection of the bonds.\n  4-a. Any pledge of or other security interest in moneys, earnings,\nincome, revenues, accounts, contract rights, general intangibles or\nother personal property made or created by the authority shall be valid,\nbinding and perfected from the time when such pledge or other security\ninterest attaches, without any physical delivery of the collateral or\nfurther act. The lien of any such pledge or other security interest\nshall be valid, binding and perfected as against all parties having\nclaims of any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or other security interest is created\nnor any financing statement need be recorded or filed. This subdivision\nshall apply notwithstanding the provisions of the uniform commercial\ncode. Any moneys, earnings, income, revenues, accounts, contract rights,\ngeneral intangibles or other personal property held or received by the\nauthority or on behalf of the authority by any lender, servicer,\ntrustee, custodian, collection agent or institution of higher education,\npursuant to any resolution, trust agreement or other agreement\nauthorized by, or entered into in connection with, the program\nestablished pursuant to section sixteen hundred seventy nine-c of this\ntitle and pledged by the authority pursuant to a resolution, trust\nagreement or such other agreement for the benefit of bondholders shall\nconstitute moneys, earnings, income, revenues, accounts, contract\nrights, general intangibles or other personal property pledged by the\nauthority for all purposes of this subdivision.\n  4-b. Any resolution authorizing the issuance of bonds for the purpose\nof providing facilities for the city university pursuant to a lease,\nsublease or other agreement entered into by the city university\nconstruction fund and the dormitory authority on or after July first,\nnineteen hundred eighty-five, refunding any such bonds, or establishing\nor funding reserves for such bonds shall state the principal amount of\nbonds being issued in connection with senior college facilities and the\nprincipal amount of bonds being issued in connection with community\ncollege facilities. The proceeds of such bonds to be applied to the\npayment of the costs of providing senior college facilities shall be\nheld separate and apart from the proceeds of such bonds to be applied to\nthe payment of the costs of providing community college facilities. The\nproceeds to be applied to the payment of the costs of providing senior\ncollege facilities shall not be applied to the payment of the costs of\nproviding community college facilities and the proceeds to be applied to\nthe payment of the costs of providing community college facilities shall\nnot be applied to the payment of the costs of providing senior college\nfacilities.\n  5. Neither the members of the board nor any person executing such\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase any bonds issued by it at a price not exceeding the\nredemption price thereof. All bonds so purchased shall be cancelled.\n  7. In the discretion of the authority the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the dormitories or of any dormitory, and the custody,\nsafeguarding and application of all moneys, and may provide that any\ndormitory shall be constructed and paid for under the supervision and\napproval of consulting engineers. The authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of any dormitory or moneys received under the terms of any\nlease or loan executed pursuant to section sixteen hundred eighty of\nthis chapter, as the case may be, to the trustee of such trust indenture\nor other depository, and for the method of disbursement thereof, with\nsuch safeguards and restrictions as it may determine. Notwithstanding\nthe provisions of section sixteen hundred eighty-six of this chapter, if\nthe bonds shall be secured by trust indenture the bondholders shall have\nno authority to appoint a separate trustee to represent them.\n
N.Y. SOS Law § 409-M — New York Code / Act SOS / Article 6 / Title 4-B / Section 409-M
Reports
Status: in_force

§ 409-m. Reports. 1.  The commissioner shall prepare, for inclusion in\nthe annual report required by subdivision (d) of section seventeen of\nthis chapter to be filed with the governor and the legislature prior to\nDecember fifteenth of each year, a progress report on the planning and\nimplementation of the provisions of this title.\n  2. The report shall contain, but not be limited to, information\nreported statewide and by districts, the number of individuals certified\nas eligible for services under this title, and those for whom services\nwere rendered and expenditures made for services identified by type,\nprovider, and funding source. Such report shall also include progress\nmade in implementing the provisions of this title with particular\nreference to efforts made to insure the effectiveness of the case\nmanagement provisions.\n
N.Y. PBA Law § 1475-F — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-F
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

§ 1475-f. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by ordinance or ordinances, local law or local laws or by\ninstruments authorized by such ordinance or ordinances, local law or\nlocal laws, convey, with or without consideration, and upon appropriate\nconditions as to outstanding city bonds appertaining to the authority\nreal and personal property owned by the city for use by the authority as\na project or projects or a part thereof. In case of real property so\nconveyed, the title thereto shall remain in the city but the authority\nshall have the use and occupancy thereof for so long as its corporate\nexistence shall continue. In the case of personal property so conveyed,\nthe title shall pass to the authority.\n  2. The city may acquire in the name of the city by purchase or\ncondemnation real property in the city for any of the projects or for\nthe widening of existing roads, streets, avenues or highways or for new\nroads, streets, avenues or highways within a radius of one mile to any\nof the projects, or partly for such purposes and partly for other city\npurposes, by purchase or condemnation in the manner provided by law for\nthe acquisition of real property by the city. For like purposes, the\ncity may close such streets, roads, avenues, or highways as may be\nnecessary or convenient, except as to state highways and arterial ways\nwhich shall not be closed without the consent of the state commissioner\nof transportation.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, avenues, and highways to be closed by the city and the\namounts, terms and conditions of payment to be made by the authority.\nSuch contracts may also contain covenants by the city as to the road,\nstreet, avenue and highway improvements to be made by the city. Any such\ncontracts between the city and the authority may be pledged by the\nauthority to secure its bonds and may not be modified thereafter except\nas provided by the terms of the pledge. The city common council may\nauthorize such contracts between the city and the authority and no other\nauthorization on the part of the city for such contracts shall be\nnecessary. Any such contracts may be so authorized and entered into by\nthe city and in such manner as the city common council may determine,\nand the payments required to be made by the city may be made and\nfinanced notwithstanding that no provision therefor shall have first\nbeen made in the capital budget of the city. All contractual or other\nobligations of the city incurred in carrying out the provisions of this\ntitle shall be included in and provided for by each capital budget of\nthe city thereafter made, if and to the extent that they may\nappropriately be included therein.\n  4. The authority may itself acquire real property for a project in the\nname of the city at the cost and expense of the authority by purchase or\ncondemnation pursuant to the eminent domain procedure law or pursuant to\nthe laws relating to the condemnation of land by the city. The authority\nshall have the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such real property was acquired at the cost and expense of the\ncity, the authority shall have power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have power to\nsell, lease or otherwise dispose of said real property at public or\nprivate sale, and shall retain and have the power to use the proceeds of\nsale, rentals or other moneys derived from the disposition thereof for\nits purposes.\n
N.Y. VAT Law § 404-O — New York Code / Act VAT / Title 4 / Article 14 / Section 404-O
Distinctive "Olympic Spirit" license plates
Status: in_force

§ 404-o. Distinctive "Olympic Spirit" license plates. Any person shall\nupon request be issued distinctive "Olympic Spirit" license plates in\nsupport of the Lake Placid olympic training center bearing the "Olympic\nSpirit" logo designed by the United States olympic committee and\napproved by the commissioner. Application for said license plate shall\nbe filed with the commissioner in such form and detail as the\ncommissioner shall prescribe.\n  2. A distinctive "Olympic Spirit" license plate issued pursuant to\nthis section shall be issued in the same manner as other number plates\nupon payment of the regular registration fee prescribed by section four\nhundred one of this article; provided, however, that an additional\nannual service charge of twenty dollars shall be charged for each plate.\nSuch service charge shall be transmitted by the commissioner to the\ncomptroller for deposit into the United States Olympic Committee/Lake\nPlacid Olympic Training Center Fund established by section eighty-four\nof the state finance law. Up to twenty percent of the moneys in the fund\nwould be available to the department of motor vehicles to defray the\ncosts of designing, producing, the availability of "Olympic Spirit"\nlicense plates.\n
N.Y. PBA Law § 3561 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3561
Remedies of bondholders
Status: in_force

§ 3561. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the corporation shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe corporation shall fail or refuse to comply with the provisions of\nthis title or shall default in any agreement made with the holders of\nany issue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the corporation is located and proved\nor acknowledged in the same manner as a deed to be recorded, may appoint\na trustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the corporation to collect rents, rates, fees and charges\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates, fees and charges and to require the corporation to carry out any\nother agreements with the holders of such bonds to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the corporation to account as if\nit were the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\nper centum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in Erie county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the\ncorporation.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the corporation\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the corporation under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n
N.Y. ENV Law § 71-0401 — New York Code / Act ENV / Article 71 / Title 4 / Section 71-0401
Delegation of civil enforcement authority
Status: in_force

§ 71-0401. Delegation of civil enforcement authority.\n  Whenever the attorney general is authorized under this chapter to\ninitiate or prosecute a civil action or proceeding on behalf of the\ndepartment, such authority may in the discretion of the attorney general\nbe delegated to the department, to initiate or prosecute any such action\nor proceeding.\n
N.Y. EDN Law § 3209 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3209
Education of homeless children
Status: in_force

§ 3209. Education of homeless children. 1. Definitions.\n  a. Homeless child. For the purposes of this article, the term\n"homeless child" shall mean:\n  (1) a child or youth who lacks a fixed, regular, and adequate\nnighttime residence, including a child or youth who is:\n  (i) sharing the housing of other persons due to a loss of housing,\neconomic hardship or a similar reason;\n  (ii) living in motels, hotels, trailer parks or camping grounds due to\nthe lack of alternative adequate accommodations;\n  (iii) abandoned in hospitals; or\n  (iv) a migratory child, as defined in subsection two of section\nthirteen hundred nine of the Elementary and Secondary Education Act of\n1965, as amended by the Every Student Succeeds Act of 2015, who\nqualifies as homeless under any of the provisions of clauses (i) through\n(iii) of this subparagraph or subparagraph two of this paragraph;\n  (v) an unaccompanied youth, as defined in section seven hundred\ntwenty-five of subtitle B of title VII of the McKinney-Vento Homeless\nAssistance Act; or\n  (2) a child or youth who has a primary nighttime location that is:\n  (i) a supervised publicly or privately operated shelter designed to\nprovide temporary living accommodations including, but not limited to,\nshelters operated or approved by the state or local department of social\nservices, and residential programs for runaway and homeless youth\nestablished pursuant to article nineteen-H of the executive law; or\n  (ii) a public or private place not designed for, or ordinarily used\nas, a regular sleeping accommodation for human beings, including a child\nor youth who is living in a car, park, public space, abandoned building,\nsubstandard housing, bus or train stations or similar setting.\n  a-1. Exception. For the purposes of this article the term "homeless\nchild" shall not include a child in a foster care placement or receiving\neducational services pursuant to subdivision four, five, six, six-a or\nseven of section thirty-two hundred two of this part or pursuant to\narticle eighty-one, eighty-five, eighty-seven or eighty-eight of this\nchapter.\n  b. Designator. The term "designator" shall mean:\n  (1) the parent or the person in parental relation to a homeless child;\nor\n  (2) the homeless child, if no parent or person in parental relation is\navailable; or\n  (3) the director of a residential program for runaway and homeless\nyouth established pursuant to article nineteen-H of the executive law,\nin consultation with the homeless child, where such homeless child is\nliving in such program.\n  c. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nhomeless child was attending a public school or preschool on a\ntuition-free basis or was entitled to attend when circumstances arose\nwhich caused such child to become homeless, which is different from the\nschool district of current location. School district of origin shall\nalso mean the school district in the state of New York in which the\nchild was residing when circumstances arose which caused such child to\nbecome homeless if such child was eligible to apply, register, or enroll\nin public preschool or kindergarten at the time such child became\nhomeless, or the homeless child has a sibling who attends a school in\nthe school district in which the child was residing when circumstances\narose which caused such child to become homeless.\n  d. School district of current location. The term "school district of\ncurrent location" shall mean the public school district within the state\nof New York in which the hotel, motel, shelter or other temporary\nhousing arrangement of a homeless child, or the residential program for\nrunaway and homeless youth, is located, which is different from the\nschool district of origin.\n  e. Regional placement plan. The term "regional placement plan" shall\nmean a comprehensive regional approach to the provision of educational\nplacements for homeless children which has been approved by the\ncommissioner.\n  f. Feeder school. The term "feeder school" shall mean:\n  (1) a preschool whose students are entitled to attend a specified\nelementary school or group of elementary schools upon completion of that\npreschool;\n  (2) a school whose students are entitled to attend a specified\nelementary, middle, intermediate, or high school or group of specified\nelementary, middle, intermediate, or high schools upon completion of the\nterminal grade of such school; or\n  (3) a school that sends its students to a receiving school in a\nneighboring school district pursuant to section two thousand forty of\nthis chapter.\n  g. Preschool. The term "preschool" shall mean a publicly funded\nprekindergarten program administered by the department or a local\neducational agency or a Head Start program administered by a local\neducational agency and/or services under the Individuals with\nDisabilities Education Act administered by a local educational agency.\n  h. Receiving school. The term "receiving school" shall mean:\n  (1) a school that enrolls students from a specified or group of\npreschools, elementary schools, middle schools, intermediate schools, or\nhigh schools; or\n  (2) a school that enrolls students from a feeder school in a\nneighboring local educational agency pursuant to section two thousand\nforty of this chapter.\n  i. School of origin. The term "school of origin" shall mean a public\nschool that a child or youth attended when permanently housed, or the\nschool in which the child or youth was last enrolled, including a\npreschool or a charter school. Provided that, for a homeless child or\nyouth who completes the final grade level served by the school of\norigin, the term "school of origin" shall include the designated\nreceiving school at the next grade level for all feeder schools. Where\nthe child is eligible to attend school in the school district of origin\nbecause the child becomes homeless after such child is eligible to\napply, register, or enroll in the public preschool or kindergarten or\nthe child is living with a school-age sibling who attends school in the\nschool district of origin, the school of origin shall include any public\nschool or preschool in which such child would have been entitled or\neligible to attend based on such child's last residence before the\ncircumstances arose which caused such child to become homeless.\n  2. Choice of district and school.\n  a. The designator shall have the right to designate one of the\nfollowing as the school district within which the homeless child shall\nbe entitled to attend upon instruction:\n  (1) the school district of current location;\n  (2) the school district of origin; or\n  (3) a school district participating in a regional placement plan.\n  b. The designator shall also have the right to designate one of the\nfollowing as the school where a homeless child seeks to attend for\ninstruction:\n  (1) the school of origin; or\n  (2) any school that nonhomeless children and youth who live in the\nattendance area in which the child or youth is actually living are\neligible to attend, including a preschool.\n  c. (1) Notwithstanding any other provision of law to the contrary,\nwhere the public school district in which a homeless child is\ntemporarily housed is the school district of origin, the homeless child\nshall be entitled to attend the schools of such district without the\npayment of tuition in accordance with subdivision one of section\nthirty-two hundred two of this article for the duration of the\nhomelessness and until the end of the school year in which such child\nbecomes permanently housed and for one additional year if that year\nconstitutes the child's terminal year in such building.\n  (2) Notwithstanding any other provision of law to the contrary, where\nthe school district of origin or school of origin that a homeless child\nwas attending on a tuition-free basis or was entitled to attend when\ncircumstances arose which caused the child to become homeless is located\nin New York state and the homeless child's temporary housing arrangement\nis located in a contiguous state, the homeless child shall be entitled\nto attend the school of origin or any school that nonhomeless children\nand youth who live in the attendance area in which the child or youth is\nactually living are eligible to attend, including a preschool, subject\nto a best interest determination pursuant to subparagraph three of\nparagraph f of this subdivision, for the duration of the homelessness\nand until the end of the school year in which such child becomes\npermanently housed and for one additional year if that year constitutes\nthe child's terminal year in such building.\n  (3) Notwithstanding any other provision of law to the contrary, where\nthe child's temporary housing arrangement is located in New York state,\nthe homeless child shall be entitled to attend the school of origin or\nany school that nonhomeless children and youth who live in the\nattendance area in which the child or youth is actually living are\neligible to attend, including a preschool, subject to a best interest\ndetermination pursuant to subparagraph three of paragraph f of this\nsubdivision, for the duration of the homelessness and until the end of\nthe school year in which such child becomes permanently housed and for\none additional year if that year constitutes the child's terminal year\nin such building.\n  d. Notwithstanding the provisions of paragraph a of this subdivision,\na homeless child who has designated the school district of current\nlocation as the district of attendance and who has relocated to another\ntemporary housing arrangement outside of such district, or to a\ndifferent attendance zone or community school district within such\ndistrict, shall be entitled to continue to attend in the same school\nbuilding or designate any school that nonhomeless children and youth who\nlive in the attendance area in which the child or youth is actually\nliving are eligible to attend, including a preschool, subject to a best\ninterest determination in accordance with subparagraph three of\nparagraph f of this subdivision, for the duration of the homelessness\nand until the end of the school year in which the child becomes\npermanently housed and for one additional year if that year constitutes\nthe child's terminal year in such building.\n  e. Such designation shall be made on forms specified by the\ncommissioner, and shall include the name of the child, the name of the\nparent or person in parental relation to the child, the name and\nlocation of the temporary housing arrangement, the name of the school\ndistrict of origin, the name of the school district where the child's\nrecords are located, the complete address where the family was located\nat the time circumstances arose which caused such child to become\nhomeless and any other information required by the commissioner. All\nschool districts, temporary housing facilities operated or approved by a\nlocal social services district, and residential facilities for runaway\nand homeless youth shall make such forms available and shall ensure that\nthe completed designation forms are given to the local educational\nagency liaison for the local educational agency in which the designated\nschool is located in a timeframe prescribed by the commissioner in\nregulations. Where the homeless child is located in a temporary housing\nfacility operated or approved by a local social services district, or a\nresidential facility for runaway and homeless youth, the director of the\nfacility or a person designated by the social services district, shall,\nwithin two business days, assist the designator in completing the\ndesignation forms and enrolling the homeless child in the designated\nschool district and shall forward the completed designation form to the\nlocal educational agency liaison for the local educational agency in\nwhich the designated school is located in a timeframe prescribed by the\ncommissioner in regulations.\n  f. Upon receipt of the designation form, the designated school\ndistrict shall immediately:\n  (1) review the designation form to ensure that it has been completed;\n  (2) admit the homeless child even if the child or youth is unable to\nproduce records normally a requirement for enrollment, such as previous\nacademic records, records of immunization and/or other required health\nrecords, proof of residency or other documentation and/or even if the\nchild has missed application or enrollment deadlines during any period\nof homelessness, if applicable. Provided that nothing herein shall be\nconstrued to require the immediate attendance of an enrolled student\nlawfully excluded from school temporarily pursuant to section nine\nhundred six of this chapter because of a communicable or infectious\ndisease that imposes a significant risk of infection of others;\n  (3) determine whether the designation made by the designator is\nconsistent with the best interests of the homeless child or youth. In\ndetermining a homeless child's best interest, a local educational agency\nshall:\n  (i) presume that keeping the homeless child or youth in the school of\norigin is in the child's or youth's best interest, except when doing so\nis contrary to the request of the child's parent or guardian, or in the\ncase of an unaccompanied youth, the youth;\n  (ii) consider student-centered factors, including but not limited to\nfactors related to the impact of mobility on achievement, education, the\nhealth and safety of the homeless child, giving priority to the request\nof the child's or youth's parent or guardian or the youth in the case of\nan unaccompanied youth;\n  (iii) if after considering student-centered factors and conducting a\nbest interest school placement determination, the local educational\nagency determines that it is not in the homeless child's best interest\nto attend the school of origin or the school designated by the\ndesignator, the local educational agency must provide a written\nexplanation of the reasons for its determination, in a manner and form\nunderstandable to such parent, guardian, or unaccompanied youth. The\ninformation must also include information regarding the right to a\ntimely appeal in accordance with regulations of the commissioner. The\nhomeless child or youth must be enrolled in the school in which\nenrollment is sought by the designator during the pendency of all\navailable appeals;\n  (4) treat the homeless child as a resident for all purposes;\n  (5) make a written request to the school district where the child's\nrecords are located for a copy of such records; and\n  (6) forward the designation form to the school district of origin\nwhere applicable.\n  g. Within five days of receipt of a request for records pursuant to\nsubparagraph five of paragraph f of this subdivision, the school\ndistrict shall forward, in a manner consistent with state and federal\nlaw, a complete copy of the homeless child's records including, but not\nlimited to, proof of age, academic records, evaluations, immunization\nrecords, and guardianship papers, if applicable.\n  h. Where the school of origin is a charter school, the school district\ndesignated pursuant to this subdivision shall be deemed to be the school\ndistrict of residence of such child for purposes of fiscal and\nprogrammatic responsibility under article fifty-six of this chapter and\nshall be responsible for transportation of the homeless child if a\nsocial services district is not otherwise responsible pursuant to\nsubdivision four of this section.\n  i. The commissioner shall promulgate regulations setting forth the\ncircumstances pursuant to which a change in designation may be made and\nestablishing a procedure for the identification of the school district\nof origin.\n  2-a. Notwithstanding any other provision of law to the contrary, each\nlocal educational agency, as such term is defined in subsection\ntwenty-six of section ninety-one hundred one of the Elementary and\nSecondary Education Act of 1965, as amended by the Every Student\nSucceeds Act of 2015, shall designate a local educational agency liaison\nfor homeless children and youths and shall, consistent with the\nprovisions of this section, otherwise comply with the applicable\nrequirements of paragraphs three through seven of subsection (g) of\nsection seven hundred twenty-two of subtitle B of title VII of the\nMcKinney-Vento Assistance Act.\n  3. Reimbursement.\n  a. Where either the school district of current location or a school\ndistrict participating in a regional placement plan is designated as the\ndistrict in which the homeless child shall attend upon instruction and\nsuch homeless child's school district of origin is within New York\nstate, the school district providing instruction, including preschool\ninstruction, shall be eligible for reimbursement by the department, as\napproved by the commissioner, for the direct cost of educational\nservices, not otherwise reimbursed under special federal programs,\ncalculated pursuant to regulations of the commissioner for the period of\ntime for which such services are provided. The claim for such\nreimbursement shall be in a form prescribed by the commissioner. The\neducational costs for such children shall not be otherwise aidable or\nreimbursable.\n  b. The school district of origin shall reimburse the department for\nits expenditure for educational services on behalf of a homeless child\npursuant to paragraph a of this subdivision in an amount equal to the\nschool district basic contribution, as such term is defined in\nsubdivision eight of section forty-four hundred one of this chapter,\npro-rated for the period of time for which such services were provided\nin the base year by a school district other than the school district of\norigin. Upon certification by the commissioner, the comptroller shall\ndeduct from any state funds which become due to the school district of\norigin an amount equal to the reimbursement required to be made by such\nschool district in accordance with this paragraph, and the amount so\ndeducted shall not be included in the operating expense of such district\nfor the purpose of computing the approved operating expense pursuant to\nparagraph t of subdivision one of section thirty-six hundred two of this\nchapter.\n  4. Transportation.\n  a. A social services district shall provide for the transportation of\neach homeless child, including those in preschool and students with\ndisabilities identified pursuant to sections forty-four hundred one and\nforty-four hundred two of this chapter whose individualized education\nprograms include special transportation services, who is eligible for\nbenefits pursuant to section three hundred fifty-j of the social\nservices law, to and from a temporary housing location in which the\nchild was placed by the social services district and the school attended\nby such child pursuant to this section, if such temporary housing\nfacility is located outside of the designated school district pursuant\nto paragraph a of subdivision two of this section. A social services\ndistrict shall be authorized to contract with a board of education or a\nboard of cooperative educational services for the provision of such\ntransportation. Where the social services district requests that the\ndesignated school district of attendance provide or arrange for\ntransportation for a homeless child eligible for transportation pursuant\nto this paragraph, the designated school district of attendance shall\nprovide or arrange for the transportation and the social services\ndistrict shall fully and promptly reimburse the designated school\ndistrict of attendance for the cost as determined by the designated\nschool district. This paragraph shall apply to placements made by a\nsocial services district without regard to whether a payment is made by\nthe district to the operator of the temporary housing facility.\n  b. The designated school district of attendance shall provide for the\ntransportation of each homeless child who is living in a residential\nprogram for runaway and homeless youth established pursuant to article\nnineteen-H of the executive law, to and from such residential program,\nand the school attended by such child pursuant to this section, if such\ntemporary housing location is located outside the designated school\ndistrict. The designated district of attendance shall be authorized to\ncontract with a board of cooperative educational services or a\nresidential program for runaway and homeless youth for the provision of\nsuch transportation. The department shall reimburse the designated\nschool district of attendance for the cost of transporting such child to\nand from the residential program and the school attended by such child\nto the extent funds are provided for such purpose, as determined by the\ndirector of the budget.\n  c. Notwithstanding any other provision of law, any homeless child not\nentitled to receive transportation pursuant to paragraphs a and b of\nthis subdivision who requires transportation in order to attend a school\nof origin designated pursuant to subdivision two of this section, shall\nbe entitled to receive such transportation pursuant to this paragraph.\nThe designated school district of attendance shall provide\ntransportation to and from the child's temporary housing location and\nthe school of origin. Such transportation shall not be in excess of\nfifty miles each way except where the commissioner certifies that\ntransportation in excess of fifty miles is in the best interest of the\nchild. Any cost incurred for such transportation that is allowable\npursuant to the applicable provision of parts two and three of article\nseventy-three of this chapter or herein, shall be aidable pursuant to\nsubdivision seven of section thirty-six hundred two of this chapter,\nprovided that the approved transportation expense shall not exceed an\namount determined by the commissioner to be the total cost for providing\nthe most cost-effective mode of such transportation in a manner\nconsistent with commissioner's regulations. The commissioner shall\npromulgate regulations setting forth the circumstances pursuant to which\nparent accompaniment for transportation may be reimbursable, including\nbut not limited to: the age of the child; the distance of the\ntransportation; the cost-effectiveness of the transportation; and\nwhether the child has a handicapping condition.\n  d. Notwithstanding any other provision of law, where a homeless child\ndesignates the school district of current location as the district the\nchild will attend and such child does not attend the school of origin,\nsuch school district shall provide transportation to such child on the\nsame basis as a resident student.\n  e. Where the designated school district of attendance has recommended\nthat the homeless child attend a summer educational program and the lack\nof transportation poses a barrier to such child's participation in the\nsummer educational program, the designated school district of attendance\nshall provide transportation.\n  f. The designated school district of attendance, or the social\nservices district if such child is eligible for transportation from the\nsocial services district pursuant to paragraph a of this subdivision,\nshall provide or arrange for transportation to extracurricular or\nacademic activities where:\n  (1) the homeless child participates in or would like to participate in\nan extracurricular or academic activity, including an after-school\nactivity, at the school;\n  (2) the homeless child meets the relevant eligibility criteria for the\nactivity; and\n  (3) the lack of transportation poses a barrier to such child's\nparticipation in the activity.\n  g. Where the homeless child is temporarily living in a contiguous\nstate and has designated a school of origin located in the state of New\nYork, the designated school district in New York state shall collaborate\nwith the local educational agency in which such child is temporarily\nliving to arrange for transportation in accordance with section\n722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.\n  h. Where the homeless child is temporarily living in New York state\nand continues to attend a school of origin located in a contiguous\nstate, the school district of current location shall coordinate with the\nlocal educational agency where such child is attending school to arrange\nfor transportation in accordance with section 722(g)(1)(J)(iii)(II) of\nthe McKinney-Vento Homeless Assistance Act.\n  i. Transportation as described in this subdivision must be provided to\nthe homeless child by the designated school district of attendance or\nthe social services district for the duration of homelessness. The\ndesignated district of attendance must transport the child for the\nremainder of the school year in which the child becomes permanently\nhoused and one additional year if that year constitutes the child's\nterminal year in the designated school. Such transportation shall not be\nin excess of fifty miles each way except where the commissioner\ncertifies that transportation in excess of fifty miles is in the best\ninterest of the child. The designated school district of attendance\nshall be entitled to reimbursement from the current school district in\nwhich the child becomes permanently housed for any cost incurred for\ntransportation for the remainder of the school year after the child\nbecomes permanently housed and one additional year if that year\nconstitutes the child's terminal year in the designated school.\n  5. Each school district shall:\n  a. establish procedures, in accordance with 42 U.S.C. section\n11432(g)(3)(E), for the prompt resolution of disputes regarding school\nselection or enrollment of a homeless child or youth, including, but not\nlimited to, disputes regarding transportation and/or a child's or\nyouth's status as a homeless child or unaccompanied youth;\n  b. provide a written explanation, including a statement regarding the\nright to appeal pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the\nname, post office address and telephone number of the local educational\nagency liaison and the form petition for commencing an appeal to the\ncommissioner pursuant to section three hundred ten of this chapter of a\nfinal determination regarding enrollment, school selection and/or\ntransportation, to the homeless child's or youth's parent or guardian,\nif the school district declines to either enroll and/or transport such\nchild or youth to the school of origin or a school requested by the\nparent or guardian; and\n  c. shall immediately enroll the child or youth in the school in which\nenrollment is sought pending final resolution of the dispute over the\nschool district's final determination of the child's or youth's homeless\nstatus, including all available appeals within the local educational\nagency and the commissioner pursuant to the provisions of section three\nhundred ten of this chapter.\n  6. a. By January thirty-first, nineteen hundred ninety-five, the\ncommissioner, the commissioner of the office of temporary and disability\nassistance and the commissioner of the office of children and family\nservices shall develop a plan to ensure coordination and access to\neducation for homeless children and shall annually review such plan.\n  b. The commissioner shall periodically monitor local school districts\nto ensure their compliance with the provisions of this article, and that\nsuch districts review and revise any local regulations, policies, or\npractices that may act as barriers to the enrollment or attendance of\nhomeless children in school or their receipt of comparable services as\ndefined in Part B of Title VII of the Federal Stewart B. McKinney Act.\n  c. School districts shall periodically report such information to the\ncommissioner as he or she may require to carry out the purposes of this\nsection.\n  7. Public welfare officials, except as otherwise provided by law,\nshall furnish indigent children with suitable clothing, shoes, books,\nfood, transportation and other necessaries to enable them to attend upon\ninstruction as required by law. Upon demonstration of need, such\nnecessaries shall also include transportation of indigent children for\nthe purposes of evaluations pursuant to section forty-four hundred ten\nof this chapter and title II-A of article twenty-five of the public\nhealth law.\n  8. Information about a homeless child's or youth's living situation\nshall be treated as a student educational record, and shall not be\ndeemed to be directory information, under the McKinney-Vento Homeless\nAssistance Act, as amended by the Every Student Succeeds Act of 2015.\n  9. Each homeless child to be assisted under this section shall be\nprovided services comparable to services offered to other students in\nthe school selected under this section, including the following:\ntransportation services; educational services for which the child or\nyouth meets the eligibility criteria, such as services provided under\nTitle I of the Elementary and Secondary Education Act of 1965 or similar\nstate or local programs; educational programs for children with\ndisabilities; educational programs for English learners; programs in\ncareer and technical education; programs for gifted and talented\nstudents; and school nutrition programs.\n  10. The commissioner may promulgate regulations to carry out the\npurposes of this section.\n
N.Y. PBA Law § 591 — New York Code / Act PBA / Article 3 / Title 4 / Section 591
Membership, quorum, removal, funds and accounts, and eminent domain taking
Status: in_force

§ 591. Membership, quorum, removal, funds and accounts, and eminent\ndomain taking. Notwithstanding the provisions of any general, special or\nlocal law, or any other provision of this chapter:\n  1. No public officer or employee shall be ineligible for appointment\nas a member of the board, and any public officer or employee may accept\nsuch appointment and serve as such member without forfeiture of any\nother public office or position of public employment by reason thereof;\n  2. A majority of the whole number of the members of the board shall\nconstitute a quorum at a meeting duly held at a time fixed by law or by\nany by-law duly adopted by such board, or as fixed at any previous\nmeeting duly held, or at any meeting duly held upon reasonable notice to\nall of the members of such board, or at any duly adjourned meeting of\nany such meeting, and not less than a majority of the whole number of\nthe members of such board may perform and exercise the powers authorized\nand provided in this title, and the words "whole number" shall be\nconstrued to mean the total number which such board would have were\nthere no vacancies and were none of the members disqualified from\nacting, and shall mean either five or seven, depending only upon the\ncircumstances set forth in section five hundred seventy-seven;\n  3. Every member of the board shall be removable by the chairman of the\nboard of supervisors, with the consent of the supervisors, for\ninefficiency, neglect of duty, or misconduct in office, provided,\nhowever, that such member shall be given a copy of the charges against\nhim and an opportunity of being heard in person, or by counsel, in his\ndefense upon not less than ten days' notice;\n  4. The authority is empowered to establish such funds and accounts as\nit may deem necessary subject to such agreements as it shall conclude\nwith the holders of its bonds or notes or other obligations;\n  5. When real property of the authority is taken in the exercise of the\npower of eminent domain, just compensation shall be made to the\nauthority in the same manner, to the same extent and subject to the same\nlimitations as though it were private property.\n
N.Y. RPT Law § 499-GG — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-GG
Tax lien; interest and penalty
Status: in_force

§ 499-gg. Tax lien; interest and penalty.  All taxes, with interest,\nrequired to be paid retroactively pursuant to this title shall\nconstitute a tax lien as of the date it is determined such taxes and\ninterest are owed.  All interest shall be calculated from the date the\ntaxes would have been due but for the abatement granted pursuant to this\ntitle at the applicable rate or rates of interest imposed by such city\ngenerally for non-payment of real property tax with respect to the\neligible building for the period in question.  When a provision of this\ntitle requires the payment of a penalty in addition to interest, the\namount of such penalty shall be equal to the amount of interest that\nwould have been payable pursuant to such provision had such interest\nbeen calculated at the rate of three percent per annum.\n
N.Y. PBA Law § 1699-M — New York Code / Act PBA / Article 8 / Title 4-C / Section 1699-M
Definitions
Status: in_force

§ 1699-m. Definitions. In this article:\n  a. "Chairman" means the chairman of the dormitory authority.\n  b. "Minority business concern" means a socially and economically\ndisadvantaged applicant concern which is owned or controlled by one or\nmore persons who have been deprived of the opportunity to develop and\nmaintain a competitive position in the economy because of social or\neconomic disadvantages. Such disadvantages may arise from cultural,\nsocial or economic circumstances. Such persons include, but are not\nlimited to, Black Americans, American Indians, Spanish-Americans,\nOriental-Americans, Eskimos, Aleuts and servicemen in the armed forces\nduring the Vietnam era.\n  c. "Small business" means a business which is independently owned and\noperated, and which is not dominant in the field of operation. The\nauthority shall establish a detailed definition by rule, using in\naddition to the foregoing criteria, other criteria, including the number\nof employees and the dollar volume of business. When computing the size\nstatus of a bidder, annual sales and receipts of the bidder and all of\nits affiliates shall be included. The maximum number of employees and\nthe maximum dollar volume which a small business may have under the\nrules promulgated by the authority shall vary from industry to industry\nto the extent necessary to reflect differing characteristics of such\nindustries based on the criteria used by the federal Small Business\nAdministration for loans to small businesses as set forth in Section\n121.3-10 and Schedules A, C and D (or for awarding government\nprocurements as set forth in Section 121.3-S and Schedule B) of Part 121\nof Chapter I of Title 13 of the Code of Federal Regulations, as amended,\nsubject to the following general limitations unless the above\nregulations provide for other size or annual receipts standards for any\nindustry or subindustry;\n  (1) No wholesale business is a small business if its annual sales for\nits most recently completed fiscal year, nor is a construction business\nif its average annual receipts for the preceding three fiscal years,\nexceed one million dollars.\n  (2) No retail business or business selling services is a small\nbusiness if its annual sales and receipts exceed two hundred fifty\nthousand dollars.\n  (3) No manufacturing business is a small business if it employs more\nthan two hundred fifty persons.\n  d. "Small business set-asides" means a purchase request for which bids\nare to be invited and accepted only from small businesses by the\nchairman.\n
N.Y. SOS Law § 409 — New York Code / Act SOS / Article 6 / Title 4 / Section 409
Preventive services; definition
Status: in_force

§ 409.  Preventive services; definition.  As used in this title,\n"preventive services" shall mean supportive and rehabilitative services\nprovided, in accordance with the provisions of this title and\nregulations of the department, to children and their families for the\npurpose of:  averting an impairment or disruption of a family which will\nor could result in the placement of a child in foster care; enabling a\nchild who has been placed in foster care to return to his family at an\nearlier time than would otherwise be possible; or reducing the\nlikelihood that a child who has been discharged from foster care would\nreturn to such care.\n
N.Y. EDN Law § 3313 — New York Code / Act EDN / Title 4 / Article 66 / Section 3313
Oversight, enforcement, and dispute resolution
Status: in_force

§ 3313. Oversight, enforcement, and dispute resolution. 1. (a) All\ncourts shall take judicial notice of the compact and the rules in any\njudicial or administrative proceeding in a member state pertaining to\nthe subject matter of this compact which may affect the powers,\nresponsibilities or actions of the interstate commission.\n  (b) The interstate commission shall be entitled to receive all service\nof process in any such proceeding, and shall have standing to intervene\nin the proceeding for all purposes. Failure to provide service of\nprocess to the interstate commission shall render a judgment or order\nvoid as to the interstate commission, this compact or promulgated rules.\n  2. If the interstate commission determines that a member state has\ndefaulted in the performance of its obligations or responsibilities\nunder this compact, or the bylaws or promulgated rules, the interstate\ncommission shall:\n  (a) Provide written notice to the defaulting state and other member\nstates, of the nature of the default, the means of curing the default\nand any action taken by the interstate commission. The interstate\ncommission shall specify the conditions by which the defaulting state\nmust cure its default.\n  (b) Provide remedial training and specific technical assistance\nregarding the default.\n  (c) If the defaulting state fails to cure the default, the defaulting\nstate shall be terminated from the compact upon an affirmative vote of a\nmajority of the member states and all rights, privileges and benefits\nconferred by this compact shall be terminated from the effective date of\ntermination. A cure of the default does not relieve the offending state\nof obligations or liabilities incurred during the period of the default.\n  (d) Suspension or termination of membership in the compact shall be\nimposed only after all other means of securing compliance have been\nexhausted. Notice of intent to suspend or terminate shall be given by\nthe interstate commission to the governor, the majority and minority\nleaders of the defaulting state's legislature, and each of the member\nstates.\n  (e) The state which has been suspended or terminated is responsible\nfor all assessments, obligations and liabilities incurred through the\neffective date of suspension or termination including obligations, the\nperformance of which extends beyond the effective date of suspension or\ntermination.\n  (f) The interstate commission shall not bear any costs relating to any\nstate that has been found to be in default or which has been suspended\nor terminated from the compact, unless otherwise mutually agreed upon in\nwriting between the interstate commission and the defaulting state.\n  (g) The defaulting state may appeal the action of the interstate\ncommission by petitioning the United States district court for the\nDistrict of Columbia or the federal district where the interstate\ncommission has its principal offices. The prevailing party shall be\nawarded all costs of such litigation including reasonable attorney's\nfees.\n  3. (a) The interstate commission shall attempt, upon the request of a\nmember state, to resolve disputes which are subject to the compact and\nwhich may arise among member states and between member and non-member\nstates.\n  (b) The interstate commission shall promulgate a rule providing for\nboth mediation and binding dispute resolution for disputes as\nappropriate.\n  4. (a) The interstate commission, in the reasonable exercise of its\ndiscretion, shall enforce the provisions and rules of this compact.\n  (b) The interstate commission, may by majority vote of the members,\ninitiate legal action in the United States district court for the\nDistrict of Columbia or, at the discretion of the interstate commission,\nin the federal district where the interstate commission has its\nprincipal offices, to enforce compliance with the provisions of the\ncompact, its promulgated rules and bylaws, against a member state in\ndefault. The relief sought may include both injunctive relief and\ndamages. In the event judicial enforcement is necessary the prevailing\nparty shall be awarded all costs of such litigation including reasonable\nattorney's fees.\n  (c) The remedies herein shall not be the exclusive remedies of the\ninterstate commission. The interstate commission may avail itself of any\nother remedies available under state law or the regulation of a\nprofession.\n
N.Y. PBA Law § 3237 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3237
Capital reserve fund
Status: in_force

§ 3237. Capital reserve fund. 1. The corporation shall create and\nestablish one or more special funds (each herein referred to as a\ncapital reserve fund), which may be funded initially from proceeds of\nbonds or notes of the corporation issued pursuant to this title, in an\namount equal to the capital reserve fund requirement of the bonds or\nnotes secured thereby. All amounts held in a capital reserve fund shall\nbe used solely for the payment of principal of or interest on the bonds\nor notes secured thereby, sinking fund payments thereon, the redemption\nthereof and payments to providers of bond or note facilities in respect\nof payments of such principal, interest or sinking fund payments made by\nthem, in accordance with the applicable provisions of any and all\nresolutions and trust indentures, if any, securing such bonds and notes.\nAny income or interest, not required to be rebated to the United States\nto provide for continued exclusion from gross income for federal income\ntax purposes of interest on the bonds and notes of the corporation,\nearned by, or increment to, the capital reserve fund due to the\ninvestment thereof, in excess of the amount thereof needed to pay\ninterest on the bonds or notes issued to fund the capital reserve fund,\nshall be used to pay debt service on bonds or notes issued by the\ncorporation. Any amounts released from a capital reserve fund shall be\napplied, or set aside to be applied when practicable, by the corporation\nto the payment of principal on the applicable bonds or notes, or to\nredemption thereof or to the providers of bond or note facilities.\n  2. In computing the amount of the capital reserve fund for the\npurposes of this section, obligations in which all or a portion of such\nfund shall be invested shall be valued at par if purchased at par or, if\npurchased at a premium above or a discount below par, the value at any\ngiven date obtained by dividing the total premium or discount at which\nsuch obligations were purchased by the number of interest payment dates\nremaining to maturity on such obligations after such purchase, and by\nmultiplying the number so calculated by the number of interest payment\ndates having passed since the date of such purchase; and (i) in the case\nof such obligations purchased at a premium, by deducting the product\nthus obtained from the purchase price; and (ii) in the case of such\nobligations purchased at a discount, by adding the product thus obtained\nto the purchase price. In lieu of a deposit of money or obligations to\nthe capital reserve fund, the corporation, having due regard for the\nsecurity and marketability of all affected bonds and notes, may satisfy\nthe whole or any portion of the capital reserve fund requirement by\nproviding one or more surety agreements, insurance agreements, letters\nof credit or other type of agreement or arrangement satisfying the\nprovisions of all applicable resolutions or trust indentures, if any,\neach of which provides for the availability, at all times required\nthereunder, of the amount of money or the value of the obligations in\nlieu of the deposit of which such agreement or arrangement is provided.\n
N.Y. EDN Law § 3001-B — New York Code / Act EDN / Title 4 / Article 61 / Section 3001-B
First aid instruction mandatory for coaches of extra-class public school athletic activities
Status: in_force

§ 3001-b. First aid instruction mandatory for coaches of extra-class\npublic school athletic activities. 1. On and after the effective date of\nthis section, in addition to any provision of law or rule or regulation\nof the department related to the requirements necessary for teachers\nwithin the public school systems, whether certified in physical\neducation or not, to coach any extra-class athletic activity, it shall\nbe required of such teachers, except as provided in subdivision two or\nthree of this section, to hold a valid certificate of completion of a\ncourse of study in first aid knowledge and skills offered by a\nnationally recognized organization, as defined in paragraph (d) of\nsubdivision one of section three thousand-b of the public health law and\napproved by the commissioner, or to meet equivalent requirements as\ncertified by the commissioner. Any such course of study or equivalent\nrequirements must include instruction in recognizing signs and symptoms\nof cardiac arrest and sudden cardiac arrest and the administration of\nadult cardiopulmonary resuscitation. Prior to the start of each sports\nseason, coaches must provide valid evidence to their chief school\nofficer that their first aid and adult cardiopulmonary resuscitation\nknowledge and skills are current pursuant to the requirements\nestablished by a nationally recognized organization, as defined in\nparagraph (d) of subdivision one of section three thousand-b of the\npublic health law and approved by the commissioner, or that they meet\nequivalent requirements as certified by the commissioner.\n  2. Except as provided in subdivision three of this section, persons\nwho have been employed as coaches of extra-class athletic activities in\na public school system on the effective date of this section who do not\nhold a valid certificate of completion of a course of study in first aid\nknowledge and skills pursuant to subdivision one of this section may\ncontinue to coach such sports, provided, however, that such coaches do\nreceive such certification required in subdivision one of this section\nas soon as practicable after the effective date of this section but not\nlater than twelve months thereafter, provided, however, that the\ncommissioner shall have the authority to establish by rule or regulation\nan additional time schedule for compliance with this section.\n  3. A teacher or person who is unable to hold a valid certificate of\ncompletion of a course of study in first aid knowledge and skills\npursuant to subdivision one of this section due to a physical disability\nmay coach any extra-class athletic activity if there is another teacher\nor person employed by the public school system who holds a valid\ncertificate of completion pursuant to subdivision one of this section\nand is present with such teacher or person who is unable to hold such\ncertificate of completion at all times during the extra-class athletic\nactivities including but not limited to practices, scrimmages and during\ncompetition.\n
N.Y. LAB Law § 552-A — New York Code / Act LAB / Article 18 / Title 4 / Section 552-A
Re-employment service fund
Status: in_force

§ 552-a. Re-employment service fund. 1. There is hereby established in\nthe joint custody of the commissioner of taxation and finance and the\nstate comptroller a fund to be known as the "re-employment service\nfund".\n  2. The re-employment service fund shall consist of all moneys\ncollected and received by the commissioner from employers pursuant to\nsection five hundred eighty-one-b of this article as well as interest\nand penalties associated with such collection. All moneys collected as\ncontributions and interest relating to re-employment services under this\narticle shall be deposited in a bank, trust company or industrial bank\ndesignated by the state comptroller. Moneys so deposited shall be\ncredited immediately to the account of the re-employment service fund\nand shall be used for the purposes set forth in section five hundred\nninety-eight of this article. Moneys in such fund may be invested by the\nstate comptroller in accordance with the provisions of section\nninety-eight of the state finance law, and shall be used for the\npurposes specified herein. Any balance in such fund shall not lapse at\nany time but shall remain continuously available for such purposes,\nprovided, however, that it shall be subject to the crediting provisions\nof subdivision five of this section.\n  3. Moneys in the re-employment service fund shall be kept separate\nfrom and shall not be commingled with any other moneys in the custody of\nthe commissioner of taxation and finance and the state comptroller. All\ndeposits of such moneys shall, if required by the state comptroller, be\nsecured by obligations of the United States or of this state of market\nvalue equal at all times to the amount of the deposit and all banks and\ntrust companies are authorized to give such securities for such\ndeposits.\n  4. Moneys of the fund shall be used exclusively for the purpose of\nproviding additional automated systems and staff to provide enhanced\nre-employment services and claimant management activities for\nunemployment compensation claimants and for the payment of associated\nadministrative costs relating to unemployment compensation claimants.\nThe moneys shall be paid out of the fund on the audit and warrant of the\nstate comptroller on vouchers certified or approved by such commissioner\nor his or her duly designated officer.\n  5. The re-employment service fund shall not be used in whole or in\npart for any purpose or in any manner which (a) would permit its\nsubstitution for, or a corresponding reduction in, federal funds that\nwould be available in its absence to finance expenditures for the\nadministration of this article; or (b) would cause the appropriate\nagency of the United States government to withhold any part of an\nadministrative grant which would otherwise be made.\n  6. On or before January thirty-first, two thousand one, the\ncommissioner shall submit a report to the chairman of the assembly ways\nand means committee, the ranking minority member of the assembly ways\nand means committee, the chairman of the senate finance committee, the\nranking minority member of the senate finance committee, and the\ndirector of the division of the budget regarding the re-employment\nservices fund established pursuant to this section. The report shall\ncontain the following information:\n  (a) the amount of money deposited in the re-employment services fund\nfor each year of its existence;\n  (b) the number of department employees funded through the\nre-employment services fund;\n  (c) the results of the activities engaged in by department employees\nfunded through the re-employment services fund.\n
N.Y. RPT Law § 499-FF — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-FF
Reporting requirements; revocation of abatements
Status: in_force

§ 499-ff. Reporting requirements; revocation of abatements. 1. For the\nduration of the applicant's benefit period, the applicant shall file\nannually with the department of finance, on or before July first of each\nyear, a certificate of continuing eligibility confirming that the\neligible premises are occupied by the tenant who originally executed the\nlease and that the eligible premises are being used for the purposes\ndescribed in the application. In addition, for eligible premises defined\nin subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision\nten of section four hundred ninety-nine-aa of this title, a certificate\nof continuing eligibility shall (a) confirm that the percentage of the\naggregate floor area of the eligible premises occupied or used for\nindustrial and manufacturing activities (exclusive of ancillary uses)\nhas not been reduced and (b) state separately the current percentage of\nthe aggregate floor area of the eligible premises used for industrial\nand manufacturing activities, ancillary uses and retail activities. Such\ncertificate of continuing eligibility shall be on a form prescribed by\nthe department of finance and shall contain such additional information\nas the department of finance shall require. The department of finance\nshall have the authority to terminate abatements granted pursuant to\nthis title upon failure of an applicant to file such certificate by such\nJuly first date. The burden of proof shall be on the applicant to\nestablish continuing eligibility for benefits and the department of\nfinance shall have the authority to require that statements made in such\ncertificate shall be made under oath.\n  2. The department of finance shall revoke any abatement granted\npursuant to this title when the tenant who originally executed the lease\nis no longer occupying the eligible premises. Such revocation shall be\nretroactive to the date that such tenant vacated the eligible premises\nand the department of finance shall require the landlord to pay, with\ninterest, any taxes which become payable as a result of such revocation.\nThe landlord shall notify the department of finance within thirty days\nfollowing the date on which such tenant vacated the eligible premises\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n  3. If any portion of the premises for which an abatement has been\ngranted pursuant to this title ceases to be occupied or used as eligible\npremises or is occupied by a subtenant, the department of finance shall\nreduce the abatement granted pursuant to this title by an amount equal\nto the percentage of such eligible premises which has ceased to be\noccupied or used as eligible premises or is occupied by a subtenant.\nSuch reduction shall be retroactive to the date that such premises\nceased to be occupied or used as eligible premises or was occupied by a\nsubtenant, and the department of finance shall require the landlord to\npay, with interest, any taxes which become payable as a result of such\nreduction. The landlord shall notify the department of finance within\nthirty days following the date on which the premises ceased to be\noccupied or used as eligible premises or was occupied by a subtenant\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n  4. If, during the benefit period, any real property tax or water or\nsewer charge or other lienable charge due and payable with respect to an\neligible building shall remain unpaid for at least one year following\nthe date upon which such tax or charge became due and payable, all\nabatements granted pursuant to this title with respect to such building\nshall be revoked, unless within thirty days from the mailing of a notice\nof revocation by the department of finance satisfactory proof is\npresented to the department of finance that any and all delinquent taxes\nand charges owing with respect to such building as of the date of such\nnotice have been paid in full or are currently being paid in timely\ninstallments pursuant to a written agreement with the department of\nfinance or other appropriate agency. Any revocation pursuant to this\nsubdivision shall be effective with respect to real property taxes which\nbecome due and payable following the date of such revocation.\n  5. The department of finance may deny, reduce, suspend, terminate or\nrevoke any abatement granted pursuant to this title whenever:\n  (a) the landlord or the tenant receiving abatement pursuant to this\ntitle fails to comply with the requirements of this title or the rules\npromulgated hereunder; or\n  (b) an application, certificate, report or other document submitted by\nthe applicant contains a false or misleading statement as to a material\nfact or omits to state any material fact necessary in order to make the\nstatement therein not false or misleading, and may declare any applicant\nwho makes such false or misleading statement or omission to be\nineligible for future abatement pursuant to this title for the same or\nother property. In addition, the department of finance shall require the\napplicant to pay, with penalty and interest, any abatement received\npursuant to this title as a result of such false or misleading statement\nor omission of a material fact.\n  6. Notwithstanding any other provision of this title, the department\nof finance shall deny, terminate or revoke any abatement applied for or\ngranted pursuant to this title upon a determination that the lease\nbetween the landlord and the tenant does not constitute a bona fide\narm's length lease. In making such determination, the department of\nfinance may consider, among other factors, the relationship, if any,\nbetween the landlord and the tenant and whether the business terms of\nsuch lease are consistent with the business terms generally found in\nleases for comparable space.\n  7. (a) If any person described in the statement required by paragraph\n(b) of subdivision seven of section four hundred ninety-nine-cc of this\ntitle or paragraph (b) of this subdivision is finally adjudicated by a\ncourt of competent jurisdiction to be guilty of any charge listed in\nsuch statement, the department of finance shall revoke the abatement\ngranted pursuant to this title and shall require the payment, with\ninterest, of any abatement received pursuant to this title.\n  (b) The applicant shall, on the certificate of continuing eligibility,\nstate whether any charges alleging violation by the applicant or any\nperson owning a substantial interest in the eligible building, or any\nofficer, director or general partner of the applicant or person owning a\nsubstantial interest in the eligible building, or any person for whom\nthe applicant or person owning a substantial interest in the eligible\nbuilding is an officer, director or general partner, of section two\nhundred thirty-five of the real property law or any section of article\none hundred fifty of the penal law or any similar arson law of another\njurisdiction, are pending. For purposes of this paragraph, "substantial\ninterest" shall have the same meaning as set forth in paragraph (c) of\nsubdivision seven of section four hundred ninety nine-cc of this title.\n  8. The department of finance shall revoke any abatement granted\npursuant to this title with respect to premises leased to a renewal\ntenant if the applicant shall fail to submit evidence acceptable to the\ndepartment of finance, within the time specified in subdivision four of\nsection four hundred ninety-nine-dd of this title, that the requirements\nof section four hundred ninety-nine-cc of this title concerning\nexpenditures on improvements have been met within the time specified in\nsuch section four hundred ninety-nine-cc. In such event, the department\nof finance shall require the landlord to pay, with penalty and interest,\nany abatement received pursuant to this title with respect to the\npremises in question.\n
N.Y. EDN Law § 3244 — New York Code / Act EDN / Title 4 / Article 65 / Part 2 / Section 3244
Education of children in foster care
Status: in_force

§ 3244. Education of children in foster care. 1. Definitions. For\npurposes of this section only, the following definitions shall apply:\n  a. Child or youth in foster care. For the purposes of this article,\nthe term "child or youth in foster care" shall mean a child who is in\nthe care and custody or custody and guardianship of a local commissioner\nof social services or the commissioner of the office of children and\nfamily services.\n  b. School district of origin. The term "school district of origin"\nshall mean the school district within the state of New York in which the\nchild or youth in foster care was attending a public school or preschool\non a tuition-free basis or was entitled to attend at the time of\nplacement into foster care when the social services district or the\noffice of children and family services assumed care and custody or\ncustody and guardianship of such child or youth, which is different from\nthe school district of residence.\n  c. School district of residence. The term "school district of\nresidence" shall mean the public school district within the state of New\nYork in which the foster care placement is located, which is different\nfrom the school district of origin.\n  d. Feeder school. The term "feeder school" shall mean:\n  (1) a preschool whose students are entitled to attend a specified\nelementary school or group of elementary schools upon completion of that\npreschool;\n  (2) a school whose students are entitled to attend a specified\nelementary, middle, intermediate, or high school or group of specified\nelementary, middle, intermediate, or high schools upon completion of the\nterminal grade of such school; or\n  (3) a school that sends its students to a receiving school in a\nneighboring school district pursuant to section two thousand forty of\nthis chapter.\n  e. Preschool. The term "preschool" shall mean a publicly funded\npre-kindergarten program administered by the department or a local\neducational agency or a Head Start program administered by a local\neducational agency and/or services under the Individuals with\nDisabilities Education Act administered by a local educational agency.\n  f. Receiving school. The term "receiving school" shall mean:\n  (1) a school that enrolls students from a specified or group of\npreschools, elementary schools, middle schools, intermediate schools, or\nhigh schools; or\n  (2) a school that enrolls students from a feeder school in a\nneighboring local educational agency pursuant to section two thousand\nforty of this chapter.\n  g. School of origin. The term "school of origin" shall mean a public\nschool that a child or youth attended at the time of placement into\nfoster care, or the school in which the child or youth was last\nenrolled, including a preschool or a charter school. Provided that, for\na child or youth in foster care who completes the final grade level\nserved by the school of origin, the term "school of origin" shall\ninclude the designated receiving school at the next grade level for all\nfeeder schools. Where the child is eligible to attend school in the\nschool district of origin because the child was placed in foster care\nafter such child is eligible to apply, register, or enroll in the public\npreschool or kindergarten or the child is living with a school-age\nsibling who attends school in the school district of origin, the school\nof origin shall include any public school or preschool in which such\nchild would have been entitled or eligible to attend based on such\nchild's last residence before the circumstances arose which caused such\nchild to be placed in foster care.\n  2. Choice of district and school. a. Notwithstanding any other\nprovision of law to the contrary, the social services district, in\nconsultation with the appropriate local educational agency or agencies,\nshall designate either the school district of origin or the school\ndistrict of residence within which the child in foster care shall be\nentitled to attend in accordance with a best interest determination made\nby the applicable social services district or voluntary authorized\nagency, as defined in paragraph (a) of subdivision ten of section three\nhundred seventy-one of the social services law, in accordance with the\nregulations of the office of children and family services. The child\nshall be entitled to attend the school of origin or any school that\nchildren and youth who live in the attendance area in which the foster\ncare placement is located are eligible to attend, including a preschool,\nsubject to a best interest determination made by the applicable social\nservices district or voluntary authorized agency, as defined in\nparagraph (a) of subdivision ten of section three hundred seventy-one of\nthe social services law, for the duration of the child's placement in\nfoster care and until the end of the school year in which such child is\nno longer in foster care and for one additional year if that year\nconstitutes the child's terminal year in such building.\n  b. Notwithstanding any other provision of law to the contrary, where\nthe school district of origin or school of origin that a child was\nattending on a tuition-free basis or was entitled to attend when such\nchild entered foster care is located in New York state and the child's\nfoster care placement is located in a contiguous state, the child shall\nbe entitled to attend the school of origin or any school that children\nand youth who live in the attendance area in which the foster care\nplacement is located are eligible to attend, including a preschool,\nsubject to a best interest determination made by the applicable social\nservices district or voluntary authorized agency, as defined in\nparagraph (a) of subdivision ten of section three hundred seventy-one of\nthe social services law, for the duration of the child's placement in\nfoster care and until the end of the school year in which such child is\nno longer in foster care and for one additional year if that year\nconstitutes the child's terminal year in such building.\n  c. Notwithstanding the provisions of paragraph a or b of this\nsubdivision, a child in foster care who is moved from one foster care\nplacement to another shall be entitled to continue to attend the school\nof origin or the social services district may designate that the child\nin foster care attend any school that children and youth who live in the\nattendance area in which the foster care placement is located are\neligible to attend, including a preschool, subject to a best interest\ndetermination made by the applicable social services district or\nvoluntary authorized agency, as defined in paragraph (a) of subdivision\nten of section three hundred seventy-one of the social services law, for\nthe duration of the child's placement in foster care and until the end\nof the school year in which the child is no longer in such foster care\nplacement and for one additional year if that year constitutes the\nchild's terminal year in such building.\n  d. Upon notification of the designation made by the social services\ndistrict for a foster care youth, the designated school district of\nattendance shall immediately:\n  (1) enroll the child or youth in foster care even if the child or\nyouth is unable to produce records normally a requirement for\nenrollment, such as previous academic records, records of immunization\nand/or other required health records, proof of residency or other\ndocumentation and/or even if the child has missed application or\nenrollment deadlines during any period of placement in foster care, if\napplicable. Provided that nothing herein shall be construed to require\nthe immediate attendance of an enrolled student lawfully excluded from\nschool temporarily pursuant to section nine hundred six of this chapter\nbecause of a communicable or infectious disease that imposes a\nsignificant risk of infection of others;\n  (2) treat the child or youth in foster care as a resident for all\npurposes; and\n  (3) make a written request to the school district where the child's\nrecords are located for a copy of such records.\n  e. Within five days of receipt of a request for records in accordance\nwith subparagraph three of paragraph d of this subdivision, the school\ndistrict shall forward, in a manner consistent with state and federal\nlaw, a complete copy of the records of the child or youth in foster care\nincluding, but not limited to, proof of age, academic records,\nevaluations, immunization records, and guardianship papers, if\napplicable.\n  f. Where the school of origin is a charter school, the school district\ndesignated pursuant to this subdivision shall be deemed to be the school\ndistrict of residence of such child for purposes of fiscal and\nprogrammatic responsibility under article fifty-six of this chapter and\nshall be responsible for transportation of the child in foster care. If\nthe designated school district of attendance is not the school district\nof origin, the designated school district of attendance may seek\nreimbursement from the school district of origin in accordance with the\nprovisions of subdivision four of section thirty-two hundred two of this\narticle.\n  g. Notwithstanding any other provision of law to the contrary, each\nlocal educational agency, as such term is defined in subsection\ntwenty-six of section ninety-one hundred one of the Elementary and\nSecondary Education Act of 1965, as amended by the Every Student\nSucceeds Act of 2015, shall designate a local educational agency point\nof contact for children and youth in foster care. Provided that such\npoint of contact shall not be the same as the liaison designated\npursuant to the subtitle B of title VII of the McKinney-Vento Assistance\nAct, unless the McKinney-Vento liaison has sufficient ability to carry\nout the responsibilities of the McKinney-Vento liaison in addition to\nthe responsibilities of the point of contact for children and youth in\nfoster care.\n  3. Reimbursement. The tuition costs of the education of such child or\nyouth in foster care shall be borne in accordance with the provisions of\nparagraph d of subdivision four of section thirty-two hundred two of\nthis article.\n  4. Transportation. a. Notwithstanding any other provision of law, any\nchild or youth in foster care who requires transportation in order to\nattend a school of origin designated pursuant to subdivision two of this\nsection, shall be entitled to receive such transportation pursuant to\nthis paragraph. The designated school district of attendance shall\nprovide transportation to and from the child's foster care placement\nlocation and the school of origin. Any cost incurred for such\ntransportation that is allowable up to fifty miles each way pursuant to\nthe applicable provision of parts two and three of article seventy-three\nof this chapter or herein, shall be aidable pursuant to subdivision\nseven of section thirty-six hundred two of this chapter, provided that\nthe approved transportation expense shall not exceed an amount\ndetermined by the commissioner to be the total cost for providing the\nmost cost-effective mode of such transportation in a manner consistent\nwith the commissioner's regulations.\n  b. Notwithstanding any other provision of law, where any child or\nyouth in foster care attends the school district of residence and such\nchild does not attend the school of origin, such school district shall\nprovide transportation to such child on the same basis as a resident\nstudent.  Any cost incurred for such transportation that is allowable\npursuant to the applicable provisions of parts two and three of article\nseventy-three of this chapter or herein, shall be aidable pursuant to\nsubdivision seven of section thirty-six hundred two of this chapter,\nprovided that the approved transportation expense shall not exceed an\namount determined by the commissioner to be the total cost for providing\nthe most cost-effective mode of such transportation in a manner\nconsistent with the commissioner's regulations.\n  c. Excess allowable transportation costs beyond those reimbursed in\nparagraphs a and b of this subdivision resulting from the attendance of\na child or youth in foster care shall be shared between the social\nservices district responsible for the foster care costs of the child or\nyouth and the designated school district of attendance equally. Excess\ntransportation costs shall mean the difference between what a school\ndistrict otherwise would spend to transport a student to his or her\nassigned school and the cost of transporting a child in foster care to\nhis or her school of origin; except as otherwise reimbursed under\nparagraph a or b of this subdivision and as further defined in\nregulations of the commissioner. The school district and local social\nservices district are expected to consider and utilize all allowable\nfunding sources, including any available federal funds, to cover\nadditional transportation costs. Provided however that school districts\nand social services districts that have written agreements relating to\nhow excess transportation costs should be funded, that both entities\nhave agreed to and are consistent with the requirements in subparagraph\nfive of paragraph c of section one thousand one hundred twelve of title\ntwenty of the Elementary and Secondary Education Act of 1965, as amended\nby the Every Student Succeeds Act of 2015, filed with the department and\nthe office of children and family services shall not be subject to this\nparagraph. In the absence of such a shared agreement, such school\ndistricts and local departments of social services are subject to the\nprovisions of this paragraph.\n  d. Where the child has been placed in foster care in a contiguous\nstate and has designated a school of origin located in the state of New\nYork, the designated school district of attendance in New York state\nshall collaborate with the social services district to arrange for\ntransportation.\n  5. Each child or youth in foster care to be assisted under this\nsection shall be provided services comparable to services offered to\nother students in the school selected under this section, including the\nfollowing: transportation services; educational services for which the\nchild or youth meets the eligibility criteria, such as services provided\nunder Title I of the Elementary and Secondary Education Act of 1965 or\nsimilar state or local programs; educational programs for children with\ndisabilities; educational programs for English learners; programs in\ncareer and technical education; programs for gifted and talented\nstudents; and school nutrition programs.\n  6. The commissioner, in consultation with the office of children and\nfamily services, may promulgate regulations to carry out the purposes of\nthis section.\n
N.Y. PBA Law § 1680-A — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-A
Judicial facilities in certain counties
Status: in_force

§ 1680-a. Judicial facilities in certain counties. 1. In order to\neffectuate the purposes of this title, the following provisions shall\napply to the authority and any county, within the tenth judicial\ndistrict, that does not contain a city (a "county") in connection with\nthe provision of judicial facilities;\n  (a)(1) Any county for whose use judicial facilities are to be\ndesigned, constructed, reconstructed, rehabilitated, improved or\notherwise provided may enter into a lease, sublease or other agreement\nfor the provision of judicial facilities with the authority in\naccordance with the provisions of either paragraph b or c of this\nsubdivision and otherwise upon such terms and conditions as the\nauthority and the county shall determine to be reasonable, including,\nbut not limited to, the reimbursement to the authority of all costs of\nsuch design, construction, reconstruction, rehabilitation or improvement\nand claims arising therefrom and provisions setting forth or providing\nfor the calculation of rental and other payments for the use and\noccupancy of such judicial facilities, which payment shall be at least\nsufficient to pay the principal of and interest on the bonds of the\nauthority issued to finance the cost of the design, construction,\nreconstruction, rehabilitation, or improvement of such judicial\nfacilities and the fees and expenses of the authority incurred in\nconnection therewith.\n  (2) Such lease, sublease or other agreement shall not be deemed to be\na contract for public work or purchase within the meaning of the general\nmunicipal law.\n  (3) Such lease, sublease or other agreement shall provide that if the\nauthority undertakes to design, construct, reconstruct, rehabilitate,\nimprove, furnish or equip any judicial facilities for a county, any\ncontract or contracts for the construction, reconstruction,\nrehabilitation, improvement of judicial facilities shall be awarded\nbased upon the authority's evaluation of proposals submitted to the\nauthority in response to a request for proposals. Such request for\nproposals shall be prepared in accordance with standards to be developed\nby the authority designed to assure the award of all contracts to\ncontractors evidencing proven experience with projects of the scope,\nmagnitude and complexity of the judicial facilities that are the subject\nof the contract and the ability to perform all work required in a\nprofessional and timely manner. The procedures governing the request for\nproposals shall assure that, wherever practicable, responsible\ncontractors, meeting the above criteria, located or regularly doing\nbusiness in the county for whose benefit the judicial facilities are to\nbe provided are given the opportunity to be considered. Any contract or\ncontracts for the purchase of furnishings and equipment shall be awarded\nto the lowest responsible bidder in accordance with the provisions of\nsection one hundred three of the general municipal law.\n  (4) Any such lease, sublease or other agreement entered into pursuant\nto this paragraph (a) may provide that the provisions thereof shall\nremain in force and effect until the issue of bonds of the authority to\nwhich it relates, together with interest thereon, interest on any unpaid\ninstallments of interest and the fees and expenses of the authority, are\nfully met and discharged, and any payments to be made by a county may be\npledged by the authority to secure such bonds.\n  (5) A county entering into such a lease, sublease or other agreement\nis hereby authorized to raise and appropriate such sums as shall be\nnecessary from time to time to make any payment pursuant thereto.\n  (6) Any lease, sublease or other agreement entered into by the\nauthority and a county may provide that at the termination thereof the\ntitle to the judicial facilities shall vest in the county, free and\nclear of any indebtedness contracted by the authority.\n  (b) (1) A lease, sublease or other agreement entered into pursuant to\nthis paragraph shall be executory only to the extent of moneys\nappropriated and available therefor, be for the periods agreed by the\nparties thereto, but not exceeding thirty years.\n  (2) The annual payment obligation pursuant to a lease, sublease or\nother agreement entered into pursuant to this paragraph shall not be\ndeemed to be "indebtedness" for the purpose of determining the gross\nindebtedness of a county pursuant to the provisions of section 135.00 of\nthe local finance law or section ten of article eight of the state\nconstitution nor shall it be deemed an evidence of indebtedness within\nthe meaning of section 20.00 of the local finance law.\n  (c) (1) A lease, sublease or other agreement entered into pursuant to\nthis paragraph may be for the periods agreed by the parties thereto, but\nnot exceeding thirty years which is hereby determined to be the period\nof probable usefulness of any judicial facilities authorized to be\nprovided pursuant to this title, which term shall be computed from the\ndate of the first indebtedness contracted by the authority for such\njudicial facilities.\n  (2) The portion of the annual payment obligation to be made by a\ncounty to the authority pursuant to any lease, sublease or other\nagreement entered into pursuant to this paragraph to enable the\nauthority to pay the principal of any indebtedness contracted by it to\nfinance the cost of such judicial facilities shall commence within two\nyears after any such indebtedness or portion thereof shall have been\ncontracted and no such portion of the annual payment obligation shall be\nmore than fifty per centum in excess of the smallest prior portion of\nthe annual payment for such purpose.\n  (3) The county shall pledge its faith and credit for the payment of\nthe portion of the annual payment described in subparagraph two of this\nparagraph and also for the payments required to be made to the authority\nto enable it to pay the interest on such indebtedness.\n  (4) The total amount of all unpaid annual payments in relation to the\nprincipal of any such indebtedness for which the county has pledged its\nfaith and credit shall be deemed to be indebtedness of the county for a\ncapital improvement within the meaning of subparagraph b of subdivision\nthree of paragraph a of section 135.00 of the local finance law.\n  (5) The portion of the annual payment by a county to the authority to\nenable the authority to pay the principal of any indebtedness contracted\nby it to finance the cost of such judicial facilities for which a county\nhas pledged its faith and credit and the portion of the annual payment\nby a county to the authority to enable the authority to pay interest on\nany indebtedness contracted by it to finance the cost of such judicial\nfacilities shall be deemed to be "indebtedness" and "interest" within\nthe meaning of section ten of article eight of the state constitution.\n  (d) (i) In the event that a county for whose use judicial facilities\nare to be or have been provided fails to make its required payment, in\nwhole or in part, to the authority pursuant to any lease, sublease or\nother agreement, the authority shall certify to the state comptroller\nthat such county has failed to make such payment. Such certificate shall\nset forth the exact amount of payment required to satisfy the\nobligations of such county and the date such payment was due.\n  (ii) The state comptroller, upon receipt of such certificate from the\nauthority, shall withhold from the next succeeding payment or payments\nof state aid or local assistance payable to such county for whose use\njudicial facilities are to be or have been provided, the amount of the\ndeficiency set forth in such certificate and shall thereafter\nimmediately pay over to the authority the amount so withheld.\n  (iii) The provisions of this paragraph shall not apply in any case\nwhere either the payment of the principal of or interest on bonds issued\nby the authority for the purpose of financing the design, construction,\nacquisition, reconstruction, rehabilitation and improvement, and the\nfurnishing and equipping of judicial facilities for a county or the\npayment of the obligations of any such county are secured by a policy of\nmunicipal bond insurance, an irrevocable letter of credit, or other\nfinancial guarantee or credit enhancement provided by a bank, insurance\ncompany or other financial institution. Any such policy of municipal\nbond insurance, letter of credit, or other financial guarantee or credit\nenhancement shall be approved by the authority and notice of such\napproval shall be provided to the state comptroller.\n  (e) The provisions of this title may be utilized by a county,\nnotwithstanding the provision of any general or special law, or county\ncharter that (i) requires that any project must be constructed,\nreconstructed, rehabilitated or improved, operated and maintained by the\ncounty, (ii) limits the period of time for which a county may enter into\na lease, sublease or otherwise agree, (iii) limits the period of time\nfor which a county may lease its real property to any other entity,\nincluding the authority, a county being hereby authorized to lease its\nreal property to the authority for any period of time as the county and\nthe authority may agree where such real property will constitute the\nsite on which judicial facilities for the use of such county will be\nconstructed, reconstructed, rehabilitated or improved, (iv) requires\nthat the cost shall be paid for by taxes levied for the fiscal year in\nwhich the expenditure is to be made, (v) requires that the cost shall be\nfinanced pursuant to the local finance law, or (vi) only permits any\nsuch project to be constructed, reconstructed, rehabilitated or improved\nsubject to either mandatory or permissive referendum.\n  2. The state hereby covenants with the holders from time to time of\nbonds issued by the authority to pay the cost of the design,\nconstruction, reconstruction, rehabilitation or improvement of judicial\nfacilities pursuant to this section that it will not limit, impair or\nimpede the rights and remedies granted hereby to such holders; provided,\nhowever, that nothing in this paragraph contained shall be deemed or\nconstrued as giving or pledging the credit of the state or as requiring\nthe state to continue the payment of any specific type or types of state\naid or local assistance to a county, within the tenth judicial district,\nthat does not include a city for whose benefit judicial facilities are\nto be or have been provided or as limiting or prohibiting the state from\nrepealing or amending any law heretofore or hereafter enacted relating\nto state aid and local assistance to such county, the manner and time or\npayment or apportionment thereof, or the amount thereof, nor shall such\nbonds be a debt of the state and the state shall not be liable thereon.\n
N.Y. EDN Law § 3024 — New York Code / Act EDN / Title 4 / Article 61 / Section 3024
Teachers responsible for record books
Status: in_force

§ 3024. Teachers responsible for record books.  School lists and\naccounts of attendance shall be kept and prepared and entries shall be\nmade in regards thereto, in such manner, as shall be prescribed by the\ncommissioner of education by regulation or otherwise.\n
N.Y. RPT Law § 581-A — New York Code / Act RPT / Article 5 / Title 4 / Section 581-A
Assessment of residential real property
Status: in_force

§ 581-a. Assessment of residential real property. Notwithstanding any\nother provision of law, the assessed valuation of real property used for\nresidential rental purposes where at least twenty percent of the\nresidential units are subject to an agreement with a municipality, the\nstate, the federal government, or an instrumentality thereof, which\nagreement restricts occupancy of those units to tenants who qualify in\naccordance with an income test, shall be determined using the income\napproach as applied to the actual net operating income, after deducting\nfor reserves required by any federal, state or municipal programs. For\nthe purposes of this section "net operating income" shall mean the\nactual or anticipated net income that remains after all operating\nexpenses are deducted from effective gross income, but before mortgage\ndebt service and book depreciation are deducted. The assessed valuation\nof real property used for such residential rental purposes shall be\ndetermined using the actual net operating income, and shall not include\nfederal, state or municipal income tax credits, subsidized mortgage\nfinancing, or project grants, where such subsidies are used to offset\nthe project development cost in order to provide for lower initial rents\nas determined by regulations promulgated by the division of housing and\ncommunity renewal.\n
N.Y. EDN Law § 3013 — New York Code / Act EDN / Title 4 / Article 61 / Section 3013
Abolition of office or position
Status: in_force

§ 3013. Abolition of office or position. 1. If a trustee, board of\ntrustees, board of education or board of cooperative educational\nservices abolishes an office or position and creates another office or\nposition for the performance of duties similar to those performed in the\noffice or position abolished, the person filling such office or position\nat the time of its abolishment shall be appointed to the office or\nposition thus created without reduction in salary or increment, provided\nthe record of such person has been one of faithful, competent service in\nthe office or position he or she has filled.\n  2. Whenever a trustee, board of trustee, board of education or board\nof cooperative educational services abolishes a position under this\nchapter, the services of the teacher having the least seniority in the\nsystem within the tenure of the position abolished shall be\ndiscontinued.\n  3. (a) If an office or position is abolished or if it is consolidated\nwith another position without creating a new position, the person\nfilling such position at the time of its abolishment or consolidation\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin an office or position similar to the one which such person filled\nwithout reduction in salary or increment, provided the record of such\nperson has been one of faithful, competent service in the office or\nposition he or she has filled. The persons on such preferred list shall\nbe reinstated or appointed to such vacancies in such corresponding or\nsimilar positions in the order of their length of service in the system\nat any time within seven years from the date of abolition or\nconsolidation of such office or position.\n  (b) The persons on such preferred list shall be reinstated, in\naccordance with the terms of paragraph (a) of this subdivision, to such\nsubstitute positions of five months or more in duration, as may from\ntime to time occur without losing their preferred status on such list.\nDeclination of such reinstatement shall not adversely affect the\npersons' preferred eligibility status.\n  * 4. (a) The use of artificial intelligence systems as defined by\nsection one hundred three-e of the state technology law shall not affect\n(i) the existing rights of employees pursuant to an existing collective\nbargaining agreement, or (ii) the existing representational\nrelationships among employee organizations or the bargaining\nrelationships between the employer and an employee organization.\n  (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\nexisting collective bargaining agreements; or (ii) transfer of existing\nduties and functions currently performed by employees of the school\ndistrict, board of cooperative educational services or county vocational\neducation and extension board to an artificial intelligence system.\n  (c) The use of such artificial intelligence system shall not alter the\nrights or benefits, and privileges, including but not limited to terms\nand conditions of employment and civil service status. The collective\nbargaining unit membership status of all existing employees of the board\nof education, board of cooperative educational services, or board of\ntrustees thereof shall be preserved and protected.\n  * NB Repealed July 1, 2028\n
N.Y. SOS Law § 176 — New York Code / Act SOS / Article 5 / Title 4 / Section 176
Veteran advisory committees; duties
Status: in_force

§ 176. Veteran advisory committees; duties. 1. (a) In every county,\ncity or town which has elected to furnish veteran assistance, pursuant\nto the provisions of this title, in which there are more than one\nveteran organization or more than one post, camp or garrison of any\nveteran organization, there shall be appointed and constituted a joint\nveteran assistance advisory committee to consist of one representative\nfrom each post, camp and garrison of each such veteran organization,\nchosen in such manner as the post, camp or garrison shall direct, to\nserve for one year, commencing the first day of January. Each such\ncommittee shall choose a chairman and such other officers as it may deem\nnecessarry or require.  In counties and cities the deputy commissioner\nor director of the veteran assistance division or bureau of the public\nwelfare department shall serve ex officio as secretary of the committee.\nIn towns, the town welfare officer shall serve ex officio as such\nsecretary, unless he is not a veteran and his deputy or assistant is a\nveteran, in which case such deputy or assistant, as the case may be,\nshall serve as such secretary.\n  (b) In any town which has elected to furnish veteran assistance\npursuant to the provisions of this title, in which there is only one\nveteran organization and only one post, camp or garrison thereof, such\npost, camp or garrison shall constitute a veterans assistance advisory\ncommittee, consisting of its chairman and two other representatives\ndesignated by it, which committee shall serve for one year commencing\nthe first day of January. The town welfare officer, his deputy or\nassistant, if a veteran, shall serve ex officio as the secretary of the\ncommittee; if neither be a veteran, the town welfare officer shall serve\nas such secretary.\n  2. All committees constituted under subdivision one of this section\nshall have and perform the following functions and duties:\n  (a) (1) In the case of county or city committees, to submit to the\npublic welfare official of the county or city in which it operates a\nlist of veterans qualified to serve as deputy commissioner or director\nof the veterans assistance division or bureau in the county or city\ndepartment of welfare, as the case may be, whenever there be a vacancy\nin that office.\n  (2) In the case of town committees, to submit to the town public\nwelfare officer a list of veterans qualified to serve as his deputy or\nassistant to furnish veteran assistance, whenever there be a vacancy in\nthat office.\n  (b) To keep informed all posts, camps or garrisons of each veteran\norganization in its territory concerning the administration of veteran\nassistance and the activities of the veteran assistance division or\nbureau.\n  (c) To transmit to the veteran assistance division, bureau or official\nadministering veteran assistance in its territory, the views of the\nveteran organizations operating in such territory.\n  (d) To advise the public welfare official of the county, city or town\nadministering veteran assistance in its territory on matters relating to\nassistance and care given to veterans and their families.\n
N.Y. VAT Law § 404-OO — New York Code / Act VAT / Title 4 / Article 14 / Section 404-OO
Deposit of service charges for distinctive license plates
Status: in_force

§ 404-oo. Deposit of service charges for distinctive license plates.\nNotwithstanding any inconsistent provision of this chapter or of any\nother law, the first six thousand dollars of service charges collected\nfor issuance of distinctive license plates established pursuant to this\narticle on or after the effective date of this section and, unless\notherwise specified, any amounts in excess of such six thousand dollars,\nshall be deposited to the credit of the department of motor vehicles\ndistinctive plate development fund established pursuant to section\nninety-five-g of the state finance law and shall be used for the\nproduction, design, advertising and distribution of such distinctive\nlicense plates established pursuant to this article on or after the\neffective date of this section.\n
N.Y. PBA Law § 1493-K — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-K
Agreements of the state
Status: in_force

§ 1493-k. Agreements of the state. 1. The state of New York does\npledge to and agree with the holders of the bonds that the state will\nnot limit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project or projects, to\nestablish and collect rentals, fees and other charges and to fulfill the\nterms of any agreements made with the holders of the bonds, or in any\nway impair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders, are fully met and\ndischarged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and the city of Albany to covenant and agree with the\nholders of the bonds, with such exceptions and limitations as it may\ndeem in the public interest, that no public parking areas except those\nacquired and operated by the authority will be constructed or operated\nin the city by the city, or by any public benefit or other corporation\nthe members or some of which are elected or are appointed by city\nofficials, until either (a) the bonds, together with interest thereon,\ninterest on any unpaid installments of interest and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nthe bondholders are fully met and discharged or (b) principal or\ninterest of any of the bonds shall be overdue and unpaid for a period of\nthree years or more, provided that nothing herein contained shall be\ndeemed to impair the right of the city to install and operate parking\nmeters on the public streets of the city.\n
N.Y. VAT Law § 404-U*4 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-U*4
Distinctive "Erie canal" license plates
Status: in_force

* § 404-u. Distinctive "Erie canal" license plates. 1. Any person\nresiding in this state shall, upon request, be issued a distinctive\n"Erie canal" license plate of a design approved by the commissioner.\nApplication for said license plate shall be filed with the commissioner\nin such form and detail as the commissioner shall prescribe.\n  2. A distinctive "Erie canal" license plate issued pursuant to this\nsection shall be issued in the same manner as other number plates upon\npayment of the regular registration fee prescribed by section four\nhundred one of this article and an additional annual service charge of\ntwenty-five dollars. Twenty dollars from each twenty-five dollars\nreceived as annual service charges under this section shall be deposited\nto the credit of the Erie canal museum fund, established as a revolving\nfund pursuant to section ninety-seven-cccc of the state finance law.\nProvided, however, that one year after the effective date of this\nsection, funds in the amount of five thousand dollars, or so much\nthereof as may be available, shall be allocated from such fund to the\ndepartment to offset costs associated with the production of such\nlicense plates.\n  * NB There are 4 § 404-u's\n
N.Y. EDN Law § 3204 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3204
Instruction required
Status: in_force

§ 3204. Instruction required. 1. Place of instruction. A minor\nrequired to attend upon instruction by the provisions of part one of\nthis article may attend at a public school or elsewhere. The\nrequirements of this section shall apply to such a minor, irrespective\nof the place of instruction.\n  2. Quality and language of instruction; text-books. (i) Instruction\nmay be given only by a competent teacher. In the teaching of the\nsubjects of instruction prescribed by this section, English shall be the\nlanguage of instruction, and text-books used shall be written in\nEnglish, except that for a period of three years, which period may be\nextended by the commissioner with respect to individual pupils, upon\napplication therefor by the appropriate school authorities, to a period\nnot in excess of six years, from the date of enrollment in school,\npupils who, by reason of foreign birth or ancestry have limited English\nproficiency, shall be provided with instructional programs as specified\nin subdivision two-a of this section and the regulations of the\ncommissioner. The purpose of providing such pupils with instruction\nshall be to enable them to develop academically while achieving\ncompetence in the English language. Instruction given to a minor\nelsewhere than at a public school shall be at least substantially\nequivalent to the instruction given to minors of like age and\nattainments at the public schools of the city or district where the\nminor resides.\n  (ii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic elementary and middle schools that are:\n(1) non-profit corporations, (2) have a bi-lingual program, and (3) have\nan educational program that extends from no later than nine a.m. until\nno earlier than four p.m. for grades one through three, and no earlier\nthan five thirty p.m. for grades four through eight, on the majority of\nweekdays, the department shall consider the following, but not limited\nto: if the curriculum provides academically rigorous instruction that\ndevelops critical thinking skills in the school's students, taking into\naccount the entirety of the curriculum, over the course of elementary\nand middle school, including instruction in English that will prepare\npupils to read fiction and nonfiction text for information and to use\nthat information to construct written essays that state a point of view\nor support an argument; instruction in mathematics that will prepare\npupils to solve real world problems using both number sense and fluency\nwith mathematical functions and operations; instruction in history by\nbeing able to interpret and analyze primary text to identify and explore\nimportant events in history, to construct written arguments using the\nsupporting information they get from primary source material,\ndemonstrate an understating of the role of geography and economics in\nthe actions of world civilizations, and an understanding of civics and\nthe responsibilities of citizens in world communities; and instruction\nin science by learning how to gather, analyze and interpret observable\ndata to make informed decisions and solve problems mathematically, using\ndeductive and inductive reasoning to support a hypothesis, and how to\ndifferentiate between correlational and causal relationships.\n  (iii) For purposes of considering substantial equivalence pursuant to\nthis subdivision for nonpublic high schools that: (1) are established\nfor pupils in high school who have graduated from an elementary school\nthat provides instruction as described in this section, (2) are a\nnon-profit corporation, (3) have a bi-lingual program, and (4) have an\neducational program that extends from no later than nine a.m. until no\nearlier than six p.m. on the majority of weekdays the department shall\nconsider the following but not limited to: if the curriculum provides\nacademically rigorous instruction that develops critical thinking skills\nin the school's students, the outcomes of which, taking into account the\nentirety of the curriculum, result in a sound basic education.\n  (iv) Nothing herein shall be construed to entitle or permit any school\nto receive an increase in mandated services aid pursuant to 8 NYCRR 176\non account of providing a longer school day.\n  (v) The commissioner shall be the entity that determines whether\nnonpublic elementary and secondary schools are in compliance with the\nacademic requirements set forth in paragraphs (ii) and (iii) of this\nsubdivision.\n  2-a. Instructional programs for pupils of limited English proficiency.\n1. Each school district which is receiving total foundation aid shall\ndevelop a comprehensive plan consistent with requirements as the\ncommissioner may establish in regulations to meet the educational needs\nof pupils of limited English proficiency. Such plan shall include a\ndescription of the programs, activities and services used to meet the\neducational needs of pupils of limited English proficiency that comply\nwith the regulations of the commissioner governing such programs. By\nJuly first, two thousand eight, the commissioner shall develop\nguidelines for the enhancement of services for such pupils, which shall\ninclude but not be limited to the replication of existing model programs\nthat have been effective in meeting the needs of such pupils, and shall\nestablish eligibility standards for incentive grants to improve services\nto such pupils and the competitive process that will be used to award\nsuch grants. On or before March first of each year commencing with March\nfirst, two thousand nine, the commissioner shall submit a report to the\ngovernor, the director of the budget, the speaker of the assembly, the\ntemporary president of the senate, the chair of the fiscal committees of\nthe senate and assembly on the expenditure of state, local and federal\nfunds by school districts in the prior school year on programs,\nactivities and services for pupils of limited English proficiency, along\nwith recommendations for improvement of such programs.\n  2. The board of education of each school district receiving such funds\nshall provide a program of bilingual education or English as a second\nlanguage for eligible pupils and may contract with a board of\ncooperative educational services or another school district to provide\nsuch program, provided that in a city having a population of one million\nor more, the community school boards shall provide such program in the\nschools within their jurisdiction.\n  3. Eligibility for such programs shall be based on the following\ncriteria. A pupil who by reason of foreign birth or ancestry speaks a\nlanguage other than English, and either understands and speaks little or\nno English, or who has been identified by any English language\nassessment instrument approved by the commissioner as a pupil of limited\nEnglish proficiency, shall receive a program of bilingual education or\nEnglish as a second language in accordance with standards established by\nthe commissioner. A pupil's proficiency in the English language shall be\nmeasured annually by such language assessment instrument in order to\ndetermine further participation in bilingual education or English as a\nsecond language program in accordance with standards established by the\ncommissioner, subject to the provisions of subdivision two of this\nsection. The parent or guardian of a pupil designated as limited English\nproficient shall be informed by the local school authorities of the\npupil's placement in an instructional program.\n  4. Bilingual programs shall be designed to:\n  (a) provide content instruction for children of limited English\nproficiency using the child's native language and English;\n  (b) provide native language instruction; and\n  (c) provide English as a second language instruction.\n  5. English as a second language program shall be designed to develop\nskills in listening, speaking, reading and writing the English language,\nand assist in the learning of content areas through monolingual\ninstruction in English.\n  6. The commissioner shall establish, by regulation, standards for\napproved programs for pupils of limited English proficiency.\n  7. After a pupil is enrolled in a regular instructional program, he\nmay receive additional instruction in his native language.\n  8. A school district which provides a program of bilingual education\nor English as a second language designed to meet the needs of pupils of\nlimited English proficiency, shall be empowered to:\n  (a) impart to pupils a knowledge of the history and culture associated\nwith their native languages;\n  (b) establish closer cooperation between the school and the home;\n  (c) provide early childhood educational programs related to the\npurposes of this section and designed to improve the potential for\nprofitable learning activities by children;\n  (d) offer adult education programs related to the purposes of this\nsection, particularly for parents of pupils with limited English\nproficiency;\n  (e) provide programs designed for dropouts or potential dropouts\nhaving need of such programs; and\n  (f) provide other activities deemed desirable to further the purposes\nof this section.\n  9. Any duly authorized local educational agency or agencies is hereby\nempowered to make application for any grant or grants in furtherance of\nthis section under any public law enacted by the United States Congress.\n  2-b. Gifted instruction in schools. The governing board of any school\ndistrict and any community school district is hereby empowered to\ndetermine the circumstances wherein instruction shall be given to meet\nthe special needs of gifted pupils as provided in this chapter.\n  3. Courses of study. a. (1) The course of study for the first eight\nyears of full time public day schools shall provide for instruction in\nat least the twelve common school branches of arithmetic, reading,\nspelling, writing, the English language, geography, United States\nhistory, civics, hygiene, physical training, the history of New York\nstate and science.\n  (2) The courses of study and of specialized training beyond the first\neight years of full time public day schools shall provide for\ninstruction in at least the English language and its use, in civics,\nhygiene, physical training, and American history including the\nprinciples of government proclaimed in the Declaration of Independence\nand established by the constitution of the United States.\n  (3) The courses of study beyond the first eight years of full time\npublic day schools may provide a program for a course in "communism and\nits methods and its destructive effects".\n  b. For part time day schools. The course of study of a part time\npublic day school shall include such subjects as will enlarge the civic\nand vocational intelligence and skill of the minors required to attend.\n  c. For evening schools. In a public evening school instruction shall\nbe given in at least speaking, reading, and writing English.\n  d. For parental schools. In a parental school provision shall be made\nfor vocational training and for instruction in other subjects\nappropriate to the minor's age and attainments.\n  e. Changes in courses of study. The state education department shall\nhave power to alter the subjects of instruction as prescribed in this\nsection.\n  4. Length of school sessions.  a. A full time day school or class,\nexcept as otherwise prescribed, shall be in session for not less than\none hundred eighty days each year, exclusive of legal holidays that\noccur during the term of said school and exclusive of Saturdays.\n  b. A part time day school or class shall be in session each year for\nat least four hours of each week during which the full time day schools\nare in session.\n  c. Evening schools shall be in session each year as follows:\n  (1) In cities having a population of one hundred thousand or more, on\nat least one hundred nights;\n  (2) In cities having a population of fifty thousand but less than one\nhundred thousand, on at least seventy-five nights;\n  (3) In each other city, and in each school district where twenty or\nmore persons from seventeen to twenty-one years of age are required to\nattend upon evening instruction, on at least fifty nights.\n  4-a. Special education. Every pupil, having been determined to be a\n"child with a handicapping condition" by a committee on the handicapped,\nshall be offered an opportunity to receive the benefits of an\nappropriate public education as prescribed in article eighty-nine of\nthis chapter.\n  4-b. The board of education or the board of trustees of each school\ndistrict shall establish a policy and adopt procedures to allow any\nstudent in such district to participate in the graduation ceremony of\nthe student's high school graduating class and all related activities if\nsuch student has been awarded a skills and achievement commencement\ncredential or career development and occupational studies commencement\ncredential but has not otherwise qualified for a regents or local\ndiploma. The policy and procedures shall provide annual written notice\nto all students and their parents or guardians about the school\ndistrict's policy and procedures adopted in accordance with this\nsubdivision. Nothing in this subdivision shall compel a student to\nparticipate in the high school graduation ceremony and activities. For\npurposes of this subdivision, a student's high school graduating class\nshall be the twelfth grade class with which such student entered into\nninth grade.\n  5. Subject to rules and regulations of the board of regents, a pupil\nmay, consistent with the requirements of public education and public\nhealth, be excused from such study of health and hygiene as conflicts\nwith the religion of his parents or guardian. Such conflict must be\ncertified by a proper representative of their religion as defined by\nsection two of the religious corporations law.\n  6. Notwithstanding any law, rule, or regulation to the contrary:\n  (a) Instruction at a nonpublic school satisfies all the requirements\nof this part applicable to instruction, including subdivision two of\nthis section, subdivision two of section thirty-two hundred ten of this\npart, and any other requirements in this chapter applicable to\ninstruction, and shall thereby qualify as and be finally recognized to\nbe at least substantially equivalent to the instruction given to minors\nof like age and attainments at the public schools of the city or\ndistrict where the minor resides, if such nonpublic school is:\n  (i) a registered high school or nonpublic school serving grades one\nthrough eight that has a registered high school;\n  (ii) a state-approved private special education school or\nstate-operated or state-supported school established by the state\nlegislature pursuant to article eighty-five, eighty-seven or\neighty-eight of this chapter;\n  (iii) a nonpublic school that is accredited or is awarded provisional\nstatus by an accreditation body approved by the commissioner for\npurposes of demonstrating compliance with the requirements of this\nsection, except that such provisional status shall only apply for the\nfirst five years that such nonpublic school has been awarded provisional\nstatus. An accreditation body shall have the knowledge and expertise to\nproperly evaluate the entirety of the day's curriculum of those schools\nthat it accredits and shall use a peer review process that includes\nevaluation by leaders of similar nonpublic schools, appropriately train\nall staff and peer reviewers who are involved in the accreditation\nprocess, accredit based on publicly accessible documented standards,\nperform a comprehensive onsite visit of any school seeking accreditation\nwhile such school is in session, and periodically conduct a combination\nof interim and full accreditation reviews of the nonpublic schools which\nit accredits during at least a ten-year period. Additionally, such\naccreditation body shall require nonpublic schools seeking accreditation\nto have curriculum that is informed by research, document individual\nstudent progress, and have mechanisms for monitoring, assessing, and\nproviding feedback on student progress. The commissioner may, at any\ntime, revoke such commissioner's approval of an accreditation body for\ncause, upon notice and hearing;\n  (iv) a nonpublic school that participates in the international\nbaccalaureate program;\n  (v) a nonpublic school whose instruction is approved by the United\nStates government for instruction on a military base or service academy;\n  (vi) a nonpublic school in which the percentage of students who score\n"proficient" on a year-end summative or cumulative assessment and taken\nin the same subject areas and for the same grade levels as the annual\nNew York state testing program to comply with the federal Every Student\nSucceeds Act is equal to or greater than one of the following metrics,\nand such school has declared the intended use of such metric at the\nbeginning of the school year:\n  (1) the percentage of similarly situated public school students\nscoring at the "proficient" level on New York state testing program\ntests taken in the same subject areas and grade levels in the school\ndistrict that serves the same geographic area as the nonpublic school is\nlocated; or\n  (2) the percentage of similarly situated public school students\nstatewide scoring at the "proficient" level on New York state testing\nprogram tests taken in the same subject areas and grade levels; or\n  (vii) a nonpublic school that administers a year-end summative or\ncumulative assessment taken in substantially the same subject areas and\nsame grade levels as the annual New York state testing program to comply\nwith the federal Every Student Succeeds Act, has a three-year average\nparticipation rate that is equal to or greater than the three-year\nstatewide average participation rate, and uses the results to assess the\nschool's educational program and to seek to improve instruction and its\nstudents' performance on such tests.\n  (a-1) A nonpublic school's satisfaction of one or more criteria listed\nin paragraph (a) of this subdivision in one school year shall not\nautomatically be deemed satisfaction of such criteria in later school\nyears if such school ceases to satisfy such criteria in such later\nyears.\n  (b) (i) For purposes of subparagraphs (vi) and (vii) of paragraph (a)\nof this subdivision, the following terms shall have the following\nmeanings:\n  (1) "Year-end summative or cumulative assessment" shall mean one or\nmore assessments selected by the nonpublic school that qualifies as (A)\na New York state testing program test; (B) an assessment approved by the\ncommissioner; or (C) a nationally-recognized, commercially published\nnorm-referenced achievement test that is: (I) recognized and used in at\nleast three other states; (II) selected by the nonpublic school from one\nof the following: the Iowa Test of Basic Skills, the California\nAchievement Test, the Stanford Achievement Test, the Comprehensive Test\nof Basic Skills, the Metropolitan Achievement Test, i-Ready, a state\neducation department test, or; (III) another test approved by the state\neducation department. All assessments and materials used in connection\nwith such assessments shall be culturally competent and respectful of\ncultural curricula and pedagogy. A nonpublic school shall not need to\nuse the same year-end summative or cumulative assessment across all\ngrades or years and may change assessments used at any time.\n  (2) "Proficient" shall mean, as applicable, (A) a score of\n"proficient" on a New York state testing program test; (B) a score\ndetermined by the commissioner for an assessment approved by the\ncommissioner; or (C) a score of at least the thirty-third percentile on\na nationally-recognized, commercially published norm-referenced\nachievement test, unless the commissioner approves a lower percentage\nfor such tests.\n  (ii) To rely on subparagraph (vi) of paragraph (a) of this\nsubdivision, a nonpublic school shall demonstrate a student\nparticipation rate on its year-end summative or cumulative assessment or\nassessments equal to or greater than the three-year average statewide\nparticipation rate.\n  (iii) To allow for adequate preparation of students in connection with\nsubparagraphs (vi) and (vii) of paragraph (a) of this subdivision, a\nphase-in period shall be established. During such phase-in period, a\nnonpublic school and its affiliated schools shall be deemed to have met\nthe criteria in subparagraphs (vi) and (vii) of paragraph (a) of this\nsubdivision, for purposes of all components of this subdivision. Such\nphase-in status shall commence upon the effective date of this\nsubdivision, including prior to the administration of any year-end\nsummative or cumulative assessment, and shall continue until the first\ncohort entering second grade at such nonpublic school after such\neffective date completes the year-end summative or cumulative assessment\nfor the third grade and shall further continue in the subsequent years,\nas long as such nonpublic school continues administering a year-end\nsummative or cumulative assessment for the third grade and adds one\nadditional, higher grade each year until such nonpublic school is\nadministering a year-end summative or cumulative assessment for grades\nthree through ten. The phase-in period shall end after the two thousand\nthirty-two--two thousand thirty-three school year. Prior to such cohorts\ntested using year-end summative or cumulative assessments under\nsubparagraphs (vi) and (vii) of paragraph (a) of this subdivision, such\ncohorts may be provided with practice and/or sample testing questions to\nbegin familiarizing themselves with standardized testing methodology.\nThe phase-in period shall be applicable to all nonpublic schools, and it\nshall only be necessary for a nonpublic school to administer year-end\nsummative or cumulative assessments for the phased-in grades,\nnotwithstanding the nonpublic school's past or current administration of\nsuch assessments for other grades.\n  (iv) If a nonpublic school meets, or has been deemed pursuant to\nsubparagraph (iii) of this paragraph to have met, the criteria in\nsubparagraph (vi) or (vii) of paragraph (a) of this subdivision, then\nduring the phase-in period of subparagraph (iii) of this paragraph, all\naffiliated schools shall be deemed to have met such criteria. Affiliated\nschools are those with one of the following: the same office of\nreligious and independent school support (ORISS) code under a single\nbasic educational data system (BEDS) code; or the same organization with\na different BEDS code in the same location; or the same ORISS code and\nleadership but may have physical buildings in different locations.\nDuring the phase-in period of subparagraph (iii) of this paragraph, a\nnonpublic school which meets the criteria of subparagraph (vii) of\nparagraph (a) of this subdivision shall include its affiliated schools\nwhen using the results of the year-end summative or cumulative\nassessment to assess educational programming and improve instruction and\nstudents' performance on such tests. During the phase-in period of\nsubparagraph (iii) of this paragraph, if a nonpublic school meets the\ncriteria in subparagraph (iii) of paragraph (a) of this subdivision with\nrespect to provisional status then all affiliated schools shall be\ndeemed to have met such criteria. If a nonpublic high school meets the\ncriteria in subparagraph (i) or (vi) of paragraph (a) of this\nsubdivision, then all affiliated middle or elementary schools shall be\ndeemed to have met such criteria.\n  (c) Nothing in this subdivision shall preclude the commissioner from\ndefining by rule or regulation alternative criteria which may also be\nused to demonstrate that instruction at a nonpublic school is in\ncompliance with this section. Compliance with this section may be\ndemonstrated through any one or more of the criteria established in this\nsubdivision and shall thereby qualify as and be finally recognized to be\nsubstantially equivalent without any further requirements. A nonpublic\nschool's satisfaction of one or more criteria in one school year shall\nnot automatically be deemed satisfaction of such criteria in later\nschool years if such school ceases to satisfy such criteria in such\nlater years. A nonpublic school may elect at any time to select\ndifferent criteria. A nonpublic school's omission to satisfy one or more\ncriteria shall not affect a nonpublic school's ability to satisfy\nanother criteria, or such criteria at a later date.\n
N.Y. PBH Law § 3343 — New York Code / Act PBH / Article 33 / Title 4 / Section 3343
Reports and records
Status: in_force

§ 3343. Reports and records. 1. Prescriptions and copies of\nprescriptions shall be preserved in the following manner:\n  (a) dispensing practitioners filing information electronically\npursuant to subdivision six of section thirty-three hundred thirty-one\nof this article, shall dispose of any electronically recorded\ninformation in such manner as the commissioner in consultation with the\ncommissioner of education shall by regulation require;\n  (b) pharmacists dispensing controlled substances upon prescription\nshall preserve such prescriptions in such manner as the commissioner in\nconsultation with the commissioner of education shall, by regulation,\nrequire.\n  2. Practitioners and pharmacies shall maintain records of all\ncontrolled substances received and dispensed in such manner as the\ncommissioner shall, by regulation, require.\n
N.Y. EDN Law § 3014-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3014-A
Teachers' rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...
Status: in_force

§ 3014-a. Teachers' rights as a result of a board or boards of\ncooperative educational services taking over a program formerly operated\nby a school district or districts or by a county vocational education\nand extension board. 1. In any case in which a board or boards of\ncooperative educational services duly take over the operation of a\nprogram formerly provided by a school district or school districts or by\na county vocational education and extension board, each teacher,\nteaching assistant and teacher aide employed in such a program by such a\nschool district or such a county vocational education and extension\nboard at the time of such takeover by the board or boards of cooperative\neducational services, shall be considered an employee of such board or\nboards of cooperative educational services with the same tenure or civil\nservice status he maintained in such school district or in such county\nvocational education and extension board.\n  2. If the number of teaching positions needed to provide the services\nrequired by such program by the board or boards of cooperative\neducational services is less than the number of teachers, teaching\nassistants and teacher aides eligible to be considered employees of such\nboard or boards of cooperative educational services as provided by\nsubdivision one of this section, the services of the teachers, teaching\nassistants and teacher aides having the least seniority in the school\ndistrict or school districts or county vocational education and\nextension board whose programs are taken over by the board or boards of\ncooperative educational services within the tenure area or civil service\ntitle of the position shall be discontinued. Such teachers, teaching\nassistants and teacher aides shall be placed on a preferred eligible\nlist of candidates for appointment to a vacancy that may thereafter\noccur in an office or position under the jurisdiction of the board or\nboards of cooperative educational services similar to the one such\nteacher, teaching assistant and teacher aide filled in such school\ndistrict or school districts or such county vocational education and\nextension board. The teachers, teaching assistants and teacher aides on\nsuch preferred list shall be reinstated or appointed to such vacancies\nin such corresponding or similar positions under the jurisdiction of the\nboard or boards of cooperative educational services in the order of\ntheir length of service in such school district or school districts or\nin such county vocational education and extension board, within seven\nyears from the date of the abolition of such office or position.\n  3. For any such teacher, teaching assistant and teacher aide as set\nforth in subdivision one of this section for salary, sick leave and any\nother purposes, the length of service credited in such school district\nor in such county vocational education and extension board shall be\ncredited as employment time with such board or boards of cooperative\neducational services.\n  4. This section shall in no way be construed to limit the rights of\nany of such employees set forth in this section granted by any other\nprovision of law.\n  5. Program takeovers pursuant to this section shall be considered a\ntransfer pursuant to section seventy of the civil service law.\n
N.Y. PBH Law § 3335 — New York Code / Act PBH / Article 33 / Title 4 / Section 3335
Dispensing by online dispensers of controlled substances
Status: in_force

§ 3335. Dispensing by online dispensers of controlled substances. A\ncontrolled substance may be sold, delivered, or dispensed by means of\nthe internet but only in accordance with this article. An online\ndispenser shall file with the department by electronic means information\nconcerning the dispensing by means of the internet, of any controlled\nsubstances in such manner as the commissioner by regulation shall\nrequire.\n
N.Y. PBH Law § 361 — New York Code / Act PBH / Article 3 / Title 4 / Section 361
Certain cities; commissioner of health and health officer; appointment and qualifications
Status: in_force

§ 361. Certain cities; commissioner of health and health officer;\nappointment and qualifications. 1. The commissioner of health in cities\nhaving a population of fifty thousand to one hundred seventy-five\nthousand shall be appointed by the mayor, and the health officer in\ncities having a population of less than fifty thousand shall be\nappointed by the same official or body who or which by charter is\nauthorized to appoint the heads of city departments.\n  2. No person shall be eligible to appointment as commissioner of\nhealth or health officer unless he shall be a physician and surgeon duly\nlicensed to practice under the laws of this state and who has practiced\nas such, or has been engaged in public health work for at least five\nyears and who shall comply with the qualifications therefor prescribed\nby the public health council in the sanitary code, provided, however,\nthat a physician who has received the degree of doctor of public health\nin a course in any institution of learning recognized by the University\nof the State of New York shall be eligible for appointment as health\nofficer in cities having a population of less than fifty thousand.\n