N.Y. RPT Law § 485-O — New York Code / Act RPT / Article 4 / Title 2 / Section 485-O
New residential property exemption; certain cities
Status: in_force

§ 485-o. New residential property exemption; certain cities. 1.\nConstruction of qualified new residential structures or total\nrehabilitation of qualified vacant residential structures determined to\nbe unoccupied hazards initiated on or after the first day of January,\ntwo thousand thirteen in cities with a population of not less than one\nhundred thirty thousand and not more than one hundred sixty thousand,\nbased upon the two thousand ten federal census may be exempt from city\nand school taxation as provided in this section.\n  2. (a) (i) Such qualified residential real property shall be exempt in\naccordance with the applicable exemption schedules set forth in this\nsubparagraph and such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be the increase in the\nassessed value due to qualified improvements as determined in the\ninitial year of the applicable exemption price following the filing of\nan original application, provided that the application relative to the\nrehabilitation of a qualified vacant residential structure determined to\nbe an unoccupied hazard shall be pre-approved by the city as provided in\nthis section.\n  (ii)\n                Construction of Qualified LEED Certified\n                       New Residential Structures\n                              Percentage of exemption\nYear           Certified/Silver         Gold           Platinum\n1              100%                     100%           100%\n2              100%                     100%           100%\n3              100%                     100%           100%\n4              100%                     100%           100%\n5              100%                     100%           100%\n6              100%                     100%           100%\n7              100%                     100%           100%\n8              100%                     100%           100%\n9              80%                      100%           100%\n10             60%                      80%            100%\n11             40%                      60%            100%\n12             20%                      40%            75%\n13             0%                       20%            50%\n14             0%                       0%             25%\n  (iii)\n           Construction of Qualified New Residential Structure\n            or Total Rehabilitation of Pre-approved Qualified\n                Residential Structure Determined To Be An\n                            Unoccupied Hazard\nYear           Percentage of exemption\n1              100%\n2              100%\n3              100%\n4              100%\n5              100%\n6              100%\n7              100%\n8              75%\n9              50%\n10             25%\n  (iv) Any application submitted by the property owner for the exemption\nrelative to the rehabilitation of a residential structure determined to\nbe an occupied hazard shall require pre-approval by the assessor of such\ncity and the director of code enforcement which pre-approval shall be in\nwriting and shall certify that the structure to be totally rehabilitated\nqualifies as an unoccupied hazard. The failure of the applicant to apply\nor receive such pre-approval for any exemption relative to the total\nrehabilitation of a qualified residential structure determined to be an\nunoccupied hazard shall disqualify the subject property from eligibility\nfor any exemption pursuant to this section and the city's local law.\n  (v) For purposes of eligibility for the total rehabilitation of a\nresidential structure, a qualified residential structure determined to\nbe an unoccupied hazard, an unoccupied hazard shall be defined as any\nresidential building or structure or a substantial part thereof which\nremains unoccupied for a period of more than one year with either doors,\nwindows, or other openings broken, removed, boarded or sealed up.\n  (vi) For purposes of eligibility for the construction of a qualified\nnew residential structure, the new residential property must be a one or\ntwo family residence. New residential real property constructed which is\ngreater than a one or two family residence shall in no event be eligible\nfor real property tax exemptions authorized by this section.\n  (vii) (A) For the purposes of eligibility under a LEED certification\nstandard the term "LEED" shall mean the Leadership in Energy and\nEnvironmental Design Building Rating System published by the United\nStates Green Building Council. Such residential real property which is\ncertified under a LEED certification standard which is determined to be\nfor the categories of certified, silver, gold or platinum as meeting\ngreen building standards, as determined by a LEED accredited\nprofessional shall be exempt as provided in subparagraph (ii) of\nparagraph (a) of subdivision two of this section for the respective\npercentages provided that a copy of the certification for a qualified\ncategory is filed with the city's commissioner of assessment and the\ncommissioner of assessment approves the application for the applicable\ncategory as meeting the requirements of this section and the city's\nlocal law.\n  (B) Construction of a qualified new residential structure which does\nnot meet the certified, silver, gold or platinum standard as determined\nby the city shall be exempt under subparagraph (iii) of this paragraph\nprovided it meets the applicable requirements of this section and the\ncity's local law.\n  (viii) Exemptions granted pursuant to this section shall apply to real\nproperty taxes imposed for both city and school district purposes.\n  (b) No such exemption shall be granted unless:\n  (i) such construction of a qualified new residential real property or\nthe total rehabilitation of a qualified residential structure determined\nto be an unoccupied hazard commenced on or after the first day of\nJanuary, two thousand thirteen or such later date as may be specified by\nlocal law to qualify for the enhanced exemption;\n  (ii) the qualified residential real property is situated in a city\nwith a population of not less than one hundred thirty thousand and not\nmore than one hundred sixty thousand based on the two thousand ten\nfederal census;\n  (iii) the value of such construction exceeds the sum of twenty\nthousand dollars; and\n  (iv) such construction is documented by a building permit, if\nrequired, for the improvements, or other appropriate documentation as\nrequired by the assessor.\n  (c) For purposes of this section the term "construction of\nimprovements" shall not include ordinary maintenance and repairs.\n  3. Such exemption for the construction of a qualified new residential\nreal property shall be granted only upon application by the owner of\nsuch real property. Such exemption for a total rehabilitation of a\nqualified residential structure determined to be an unoccupied hazard\nshall be granted only upon application by the owner of such real\nproperty who has been pre-approved in accordance with the requirements\nof subparagraph (iv) of paragraph (a) of subdivision two of this\nsection. Such application shall be filed with the assessor of a city\nwith a population of not less than one hundred thirty thousand and not\nmore than one hundred sixty thousand based upon the two thousand ten\nfederal census, on or before the appropriate taxable status date of such\ncity and within one year from the date of completion of such\nconstruction of qualified residential structure improvements.\n  4. If the assessor of such city is satisfied that the applicant is\nentitled to an exemption pursuant to this section, he or she shall\napprove the application and such real property shall thereafter be\nexempt from taxation and special ad valorem levies by a city with a\npopulation of not less than one hundred thirty thousand and not more\nthan one hundred sixty thousand based upon the two thousand ten federal\ncensus, as provided in this section commencing with the assessment roll\nprepared after the taxable status date referred to in subdivision three\nof this section. The assessed value of any exemption granted pursuant to\nthis section shall be entered by the assessor of such city on the\nassessment roll with the taxable property, with the amount of the\nexemption shown in a separate column. In any case where there is an\nadditional partial exemption based on a LEED certification, a copy of\nsuch certification shall be filed in the subject real property file.\n  5. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for purposes as provided in\nsubparagraph (vi) of paragraph (a) of subdivision two of this section\nthe exemption granted pursuant to this section shall cease.\n  6. A city with a population of not less than one hundred thirty\nthousand and not more than one hundred sixty thousand, based upon the\ntwo thousand ten federal census may establish by a local law a date for\nthe commencement of effectiveness of the exemption offered pursuant to\nthis section. In addition, such city is authorized to establish\nprocedures in such local law for the elimination of the exemption for an\notherwise qualified residential property which is determined by the\nassessor of such city and the director of code enforcement to have\nserious code violations, as defined by the city in such local law, at\nany time subsequent to the approval of the application for real property\ntax exemption pursuant to this section and which serious code violations\nhave not been corrected and any judgments and/or fines, penalties and\ncosts, if any, have not been paid in accordance with the applicable\nlaws, local law, ordinances, rules and regulations. Notwithstanding the\nforegoing, the elimination of any such exemption shall take effect on\nthe assessment roll based on the next taxable status date subsequent to\nthe city's determination to eliminate the exemption. A copy of all such\nlocal laws shall be filed with the commissioner and the assessor of such\ncity.\n
N.Y. EDN Law § 1611 — New York Code / Act EDN / Title 2 / Article 33 / Section 1611
Penalty for failure of trustee to account
Status: in_force

§ 1611. Penalty for failure of trustee to account.  By a wilful\nneglect or refusal to render such account, a trustee forfeits any\nunexpired term of his office, and becomes liable to the trustees for any\ndistrict moneys in his hands.\n
N.Y. EDN Law § 2601-A — New York Code / Act EDN / Title 2 / Article 53 / Section 2601-A
Procedures for adoption of school budgets in small city school districts
Status: in_force

§ 2601-a. Procedures for adoption of school budgets in small city\nschool districts. 1. The board of education of each city school district\nsubject to this article shall provide for the submission of a budget for\napproval of the voters pursuant to the provisions of this section and in\naccordance with the requirements set forth in section two thousand\ntwenty-three-a of this title.\n  2. The board of education shall conduct all annual and special school\ndistrict meetings for the purpose of adopting a school district budget\nin the same manner as a union free school district in accordance with\nthe provisions of article forty-one of this title, except as otherwise\nprovided by this section. The annual meeting and election of each such\ncity school district shall be held on the third Tuesday of May in each\nyear, provided, however that such annual meeting and election shall be\nheld on the second Tuesday in May if the commissioner at the request of\na local school board certifies no later than March first that such\nelection would conflict with religious observances, and any school\nbudget revote shall be held on the date and in the same manner specified\nin subdivision three of section two thousand seven of this title. The\nprovisions of this article, and where applicable subdivision nine-a of\nsection twenty-five hundred two of this title, governing the\nqualification and registration of voters, and procedures for the\nnomination and election of members of the board of education shall\ncontinue to apply, and shall govern the qualification and registration\nof voters and voting procedures with respect to the adoption of a school\ndistrict budget.\n  3. The board of education shall prepare a proposed school district\nbudget for the ensuing year in accordance with the provisions of section\nseventeen hundred sixteen of this chapter, including all provisions\nrelating to required notices and appendices to the statement of\nexpenditures. No board of education shall incur a school district\nliability except as authorized by the provisions of section seventeen\nhundred eighteen of this chapter. Such proposed budget shall be\npresented in three components: a program component, a capital component\nand an administrative component which shall be separately delineated in\naccordance with regulations of the commissioner after consultation with\nlocal school district officials. The administrative component shall\ninclude, but need not be limited to, office and central administrative\nexpenses, traveling expenses and all compensation, salaries and benefits\nof all school administrators and supervisors, including business\nadministrators, superintendents of schools and deputy, assistant,\nassociate or other superintendents under all existing employment\ncontracts or collective bargaining agreements, any and all expenditures\nassociated with the operation of the board of education, the office of\nthe superintendent of schools, general administration, the school\nbusiness office, consulting costs not directly related to direct student\nservices and programs, planning and all other administrative activities.\nThe program component shall include, but need not be limited to, all\nprogram expenditures of the school district, including the salaries and\nbenefits of teachers and any school administrators or supervisors who\nspend a majority of their time performing teaching duties, and all\ntransportation operating expenses. The capital component shall include,\nbut need not be limited to, all transportation capital, debt service,\nand lease expenditures; costs resulting from judgments in tax certiorari\nproceedings or the payment of awards from court judgments,\nadministrative orders or settled or compromised claims; and all\nfacilities costs of the school district, including facilities lease\nexpenditures, the annual debt service and total debt for all facilities\nfinanced by bonds and notes of the school district, and the costs of\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof school buildings, provided that such budget shall include a rental,\noperations and maintenance section that includes base rent costs, total\nrent costs, operation and maintenance charges, cost per square foot for\neach facility leased by the school district, and any and all\nexpenditures associated with custodial salaries and benefits, service\ncontracts, supplies, utilities, and maintenance and repairs of school\nfacilities. For the purposes of the development of a budget for the\nnineteen hundred ninety-seven--ninety-eight school year, the board of\neducation shall separate its program, capital and administrative costs\nfor the nineteen hundred ninety-six--ninety-seven school year in the\nmanner as if the budget for such year had been presented in three\ncomponents. Except as provided in subdivision four of this section,\nnothing in this section shall preclude the board, in its discretion,\nfrom submitting additional items of expenditure to the voters for\napproval as separate propositions or the voters from submitting\npropositions pursuant to sections two thousand eight and two thousand\nthirty-five of this chapter subject to the requirements set forth in\nsubdivision nine of section two thousand twenty-three-a of this part.\n  4. The budget adoption process shall conform to the requirements set\nforth in section two thousand twenty-three-a of this title. In the event\nthe qualified voters of the district reject the budget proposed pursuant\nto subdivision three of this section, the board may propose to the\nvoters a revised budget pursuant to subdivision three of section two\nthousand seven of this title or may adopt a contingency budget pursuant\nto subdivision five of this section and subdivision five of section two\nthousand twenty-two of this title. The school district budget for any\nschool year, or any part of such budget or any propositions involving\nthe expenditure of money for such school year shall not be submitted for\na vote of the qualified voters more than twice. In the event the\nqualified voters reject the resubmitted budget, the board shall adopt a\ncontingency budget in accordance with subdivision five of this section\nand subdivision five of such section two thousand twenty-two of this\ntitle.\n  5. If the qualified voters fail or refuse to vote the sum estimated to\nbe necessary for teachers' salaries and other ordinary contingent\nexpenses, the board shall adopt a contingency budget in accordance with\nthis subdivision and shall levy a tax for that portion of such sum\nremaining after applying thereto the moneys received or to be received\nfrom state, federal or other sources, in the same manner as if the\nbudget had been approved by the qualified voters; subject to the\nlimitations imposed in subdivision four of section two thousand\ntwenty-three of this chapter, subdivision eight of section two thousand\ntwenty-three-a of this title and this subdivision. The administrative\ncomponent shall not comprise a greater percentage of the contingency\nbudget exclusive of the capital component than the lesser of (1) the\npercentage the administrative component had comprised in the prior year\nbudget exclusive of the capital component; or (2) the percentage the\nadministrative component had comprised in the last proposed defeated\nbudget exclusive of the capital component. Such contingency budget shall\ninclude the sum determined by the board to be necessary for:\n  (a) teachers' salaries, including the salaries of all members of the\nteaching and supervising staff;\n  (b) items of expense specifically authorized by statute to be incurred\nby the board of education, including, but not limited to, expenditures\nfor transportation to and from regular school programs included as\nordinary contingent expenses in subdivision twelve of section\ntwenty-five hundred three of this chapter, expenditures for textbooks,\nrequired services for non-public school students, school health\nservices, special education services, kindergarten and nursery school\nprograms, and the district's share of the administrative costs and costs\nof services provided by a board of cooperative educational services;\n  (c) items of expense for legal obligations of the district, including,\nbut not limited to, contractual obligations, debt service, court orders\nor judgments, orders of administrative bodies or officers, and standards\nand requirements of the board of regents and the commissioner that have\nthe force and effect of law;\n  (d) the purchase of library books and other instructional materials\nassociated with a library;\n  (e) items of expense necessary to maintain the educational programs of\nthe district, preserve the property of the district or protect the\nhealth and safety of students and staff, including, but not limited to,\nsupport services, pupil personnel services, the necessary salaries for\nthe necessary number of non-teaching employees, necessary legal\nexpenses, water and utility charges, instructional supplies for\nteachers' use, emergency repairs, temporary rental of essential\nclassroom facilities, and expenditures necessary to advise school\ndistrict voters concerning school matters; and\n  (f) expenses incurred for interschool athletics, field trips and other\nextracurricular activities; and\n  (g) any other item of expense determined by the commissioner to be an\nordinary contingent expense in any school district.\n  6. The commissioner shall determine appeals raising questions as to\nwhat items of expenditure are ordinary contingent expenses pursuant to\nsubdivision five of this section in accordance with section two thousand\ntwenty-four and three hundred ten of this chapter.\n  7. Each year, the board of education shall prepare a school district\nreport card, pursuant to regulations of the commissioner, and shall make\nit publicly available by transmitting it to local newspapers of general\ncirculation, appending it to copies of the proposed budget made publicly\navailable as required by law, making it available for distribution at\nthe annual meeting, and otherwise disseminating it as required by the\ncommissioner. Such report card shall include measures of the academic\nperformance of the school district, on a school by school basis, and\nmeasures of the fiscal performance of the district, as prescribed by the\ncommissioner. Pursuant to regulations of the commissioner, the report\ncard shall also compare these measures to statewide averages for all\npublic schools, and statewide averages for public schools of comparable\nwealth and need, developed by the commissioner. Such report card shall\ninclude, at a minimum, any information on the school district regarding\npupil performance and expenditure per pupil required to be included in\nthe annual report by the regents to the governor and the legislature\npursuant to section two hundred fifteen-a of this chapter; and any other\ninformation required by the commissioner. School districts (i)\nidentified as having fifteen percent or more of their students in\nspecial education, or (ii) which have fifty percent or more of their\nstudents with disabilities in special education programs or services\nsixty percent or more of the school day in a general education building,\nor (iii) which have eight percent or more of their students with\ndisabilities in special education programs in public or private separate\neducational settings shall indicate on their school district report card\ntheir respective percentages as defined in this paragraph and paragraphs\n(i) and (ii) of this subdivision as compared to the statewide average.\n
N.Y. ELN Law § 17-208 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-208
Assistance for language-minority groups
Status: in_force

§ 17-208. Assistance for language-minority groups. 1. Political\nsubdivisions required to provide language assistance. A board of\nelections or a political subdivision that administers elections shall\nprovide language-related assistance in voting and elections to a\nlanguage-minority group in a political subdivision if, based on data\nfrom the American community survey, or data of comparable quality\ncollected by a public office, that:\n  (a) more than two percent, but in no instance fewer than three hundred\nindividuals, of the citizens of voting age of a political subdivision\nare members of a single language-minority group and are limited English\nproficient.\n  (b) more than four thousand of the citizens of voting age of such\npolitical subdivision are members of a single language-minority group\nand are limited English proficient.\n  (c) in the case of a political subdivision that contains all or any\npart of a Native American reservation, more than two percent of the\nNative American citizens of voting age within the Native American\nreservation are members of a single language-minority group and are\nlimited English proficient. For the purposes of this paragraph, "Native\nAmerican" is defined to include any persons recognized by the United\nStates census bureau or New York as "American Indian" or "Alaska\nNative".\n  2. Language assistance to be provided. A board of elections or\npolitical subdivision required to provide language assistance to a\nparticular language-minority group pursuant to this section shall\nprovide voting materials in the covered language of an equal quality of\nthe corresponding English language materials, including registration or\nvoting notices, forms, instructions, assistance, or other materials or\ninformation relating to the electoral process, including ballots. Any\nregistration or voting notices, forms, instructions, assistance, or\nother materials or information relating to the electoral process,\nincluding ballots, in a covered political subdivision, shall be provided\nin the language of the applicable language-minority group as well as in\nthe English language, provided that where the language of the applicable\nlanguage-minority group is historically oral or unwritten, the board of\nelections or political subdivision shall only be required to furnish\noral instructions, assistance, or other information relating to\nregistration and voting.\n  3. Action for declaratory judgment for English-only voting materials.\nA board of elections or political subdivision subject to the\nrequirements of this section which seeks to provide English-only\nmaterials may file an action against the state for a declaratory\njudgment permitting such provision. The court shall grant the requested\nrelief if it finds that the determination was unreasonable or an abuse\nof discretion.\n  4. Standing. Any aggrieved persons, organization whose membership\nincludes aggrieved persons or members of a protected class, organization\nwhose mission, in whole or in part, is to ensure voting access and such\nmission would be hindered by a violation of this section, or the\nattorney general may file an action pursuant to this section in the\nsupreme court of the county in which the alleged violation of this\nsection occurred.\n  5. This section shall not apply to special districts as defined by\nsection one hundred two of the real property tax law.\n
N.Y. PBA Law § 3412 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3412
Agreement with state
Status: in_force

§ 3412. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the corporation pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the corporation pursuant to the provisions of\nthis title that the state will not alter, limit or impair the rights\nhereby vested in the corporation to purchase, construct, own and\noperate, maintain, repair, improve, reconstruct, renovate, rehabilitate,\nenlarge, increase and extend, or dispose of any project, or any part or\nparts thereof for which bonds of the corporation shall have been issued,\nto establish and collect rates, rents, fees and other charges referred\nto in this title, to fulfill the terms of any contracts or agreements\nmade with or for the benefit of the holders of bonds or with any person\nor public corporation with reference to such project or part thereof, or\nin any way to impair the rights and remedies of the holders of bonds,\nuntil the bonds, together with interest thereon, including interest on\nany unpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the corporation. The corporation is authorized\nto include this pledge and agreement of the state in any agreement with\nthe holders of bonds.\n
N.Y. ELN Law § 14-212 — New York Code / Act ELN / Article 14 / Title 2 / Section 14-212
Severability
Status: in_force

§ 14-212. Severability. If any clause, sentence, paragraph,\nsubdivision, section or part of this title shall be determined by any\ncourt of competent jurisdiction to be invalid, such judgment shall not\naffect, impair or invalidate the remainder thereof, but shall be\nconfined in its operation to the particular clause, sentence, paragraph,\nsubdivision, section or part thereof directly found invalid in the\njudgment rendered. It is hereby declared to be the intent of the\nlegislature that this title would have been enacted even if such invalid\nprovisions had not been included herein.\n
N.Y. EDN Law § 2023-A — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2023-A
Limitations upon school district tax levies
Status: in_force

§ 2023-a. Limitations upon school district tax levies. 1. Generally.\nUnless otherwise provided by law, the amount of taxes that may be levied\nby or on behalf of any school district, other than a city school\ndistrict of a city with one hundred twenty-five thousand inhabitants or\nmore, shall not exceed the tax levy limit established pursuant to this\nsection, not including any tax levy necessary to support the\nexpenditures pursuant to subparagraphs (i) through (iv) of paragraph i\nof subdivision two of this section.\n  2. Definitions. As used in this section:\n  a. "Allowable levy growth factor" shall be the lesser of: (i) one and\ntwo one-hundredths; or (ii) the sum of one plus the inflation factor;\nprovided, however, that in no case shall the levy growth factor be less\nthan one.\n  b. "Available carryover" means the amount by which the tax levy for\nthe prior school year was below the applicable tax levy limit for such\nschool year, if any, but no more than an amount that equals one and\none-half percent of the tax levy limit for such school year.\n  c. "Capital local expenditures" means the taxes associated with\nbudgeted expenditures resulting from the financing, refinancing,\nacquisition, design, construction, reconstruction, rehabilitation,\nimprovement, furnishing and equipping of, or otherwise providing for\nschool district capital facilities or school district capital equipment,\nincluding debt service and lease expenditures, and transportation\ncapital debt service, subject to the approval of the qualified voters\nwhere required by law.  The commissioner of taxation and finance shall,\nas appropriate, promulgate rules and regulations which may provide for\nadjustment of capital local expenditures to reflect a school district's\nshare of additional budgeted capital expenditures made by a board of\ncooperative educational services.\n  d. "Capital tax levy" means the tax levy necessary to support capital\nlocal expenditures, if any.\n  e. "Coming school year" means the school year for which tax levy\nlimits are being determined pursuant to this section.\n  f. "Inflation factor" means the quotient of: (i) the average of the\nnational consumer price indexes determined by the United States\ndepartment of labor for the twelve-month period preceding January first\nof the current year minus the average of the national consumer price\nindexes determined by the United States department of labor for the\ntwelve-month period preceding January first of the prior year, divided\nby: (ii) the average of the national consumer price indexes determined\nby the United States department of labor for the twelve-month period\npreceding January first of the prior year, with the result expressed as\na decimal to four places.\n  g. "Prior school year" means the school year immediately preceding the\ncoming school year.\n  h. "School district" means a common school district, union free school\ndistrict, central school district, central high school district or a\ncity school district in a city with less than one hundred twenty-five\nthousand inhabitants.\n  i. "Tax levy limit" means the amount of taxes a school district is\nauthorized to levy pursuant to this section, provided, however, that the\ntax levy limit shall not include the following:\n  (i) a tax levy necessary for expenditures resulting from court orders\nor judgments against the school district arising out of tort actions for\nany amount that exceeds five percent of the total tax levied in the\nprior school year;\n  (ii) in years in which the system average actuarial contribution rate\nof the New York state and local employees' retirement system, as defined\nby paragraph ten of subdivision a of section nineteen-a of the\nretirement and social security law, increases by more than two\npercentage points from the previous year, a tax levy necessary for\nexpenditures for the coming fiscal year for school district employer\ncontributions to the New York state and local employees' retirement\nsystem caused by growth in the system average actuarial contribution\nrate minus two percentage points;\n  (iii) in years in which the normal contribution rate of the New York\nstate teachers' retirement system, as defined by paragraph a of\nsubdivision two of section five hundred seventeen of this chapter,\nincreases by more than two percentage points from the previous year, a\ntax levy necessary for expenditures for the coming fiscal year for\nschool district employer contributions to the New York state teachers'\nretirement system caused by growth in the normal contribution rate minus\ntwo percentage points; and\n  (iv) a capital tax levy.\n  2-a. Tax base growth factor. a. No later than February fifteenth of\neach year, the commissioner of taxation and finance shall identify those\nschool districts for which tax base growth factors must be determined\nfor the coming school year, and shall notify the commissioner of the tax\nbase growth factors so determined, if any.\n  b. The commissioner of taxation and finance shall calculate a quantity\nchange factor for the coming school year for each school district based\nupon the physical or quantity change, as defined by section twelve\nhundred twenty of the real property tax law, reported to the\ncommissioner of taxation and finance by the assessor or assessors\npursuant to section five hundred seventy-five of the real property tax\nlaw. The quantity change factor shall show the percentage by which the\nfull value of the taxable real property in the school district has\nchanged due to physical or quantity change between the second final\nassessment roll or rolls preceding the final assessment roll or rolls\nupon which taxes are to be levied, and the final assessment roll or\nrolls immediately preceding the final assessment roll or rolls upon\nwhich taxes are to be levied. The commissioner of taxation and finance\nshall, as appropriate, promulgate rules and regulations regarding the\ncalculation of the quantity change factor which may adjust the\ncalculation based on the development on tax exempt land.\n  c. After determining the quantity change factor for a school district,\nthe commissioner of taxation and finance shall proceed as follows:\n  (i) If the quantity change factor is negative, the commissioner of\ntaxation and finance shall not determine a tax base growth factor for\nthe school district.\n  (ii) If the quantity change factor is positive, the commissioner of\ntaxation and finance shall determine a tax base growth factor for the\nschool district which is equal to one plus the quantity change factor.\n  3. Computation of tax levy limits. a. Each school district shall\ncalculate the tax levy limit for each school year which shall be\ndetermined as follows:\n  (1) Ascertain the total amount of taxes levied for the prior school\nyear.\n  (2) Multiply the result by the tax base growth factor, if any.\n  (3) Add any payments in lieu of taxes that were receivable in the\nprior school year.\n  (4) Subtract the tax levy necessary to support the expenditures\npursuant to subparagraphs (i) and (iv) of paragraph i of subdivision two\nof this section for the prior school year, if any.\n  (5) Multiply the result by the allowable levy growth factor.\n  (6) Subtract any payments in lieu of taxes receivable in the coming\nfiscal year.\n  (7) Add the available carryover, if any.\n  b. On or before March first of each year, any school district subject\nto the provisions of this section shall submit to the state comptroller,\nthe commissioner, and the commissioner of taxation and finance, in a\nform and manner prescribed by the state comptroller, any information\nnecessary for the calculation of the tax levy limit; and the school\ndistrict's determination of the tax levy limit pursuant to this section\nshall be subject to review by the commissioner and the commissioner of\ntaxation and finance.\n  4. Reorganized school districts. When two or more school districts\nreorganize, the commissioner shall determine the tax levy limit for the\nreorganized school district for the first school year following the\nreorganization based on the respective tax levy limits of the school\ndistricts that formed the reorganized district from the last school year\nin which they were separate districts, provided that in the event of\nformation of a new central high school district, the tax levy limits for\nthe new central high school district and its component school districts\nshall be determined in accordance with a methodology prescribed by the\ncommissioner.\n  5. Erroneous levies. In the event a school district's actual tax levy\nfor a given school year exceeds the maximum allowable levy as\nestablished pursuant to this section due to clerical or technical\nerrors, the school district shall place the excess amount of the levy in\nreserve in accordance with such requirements as the state comptroller\nmay prescribe, and shall use such funds and any interest earned thereon\nto offset the tax levy for the ensuing school year.\n  6. (a) Notwithstanding any other provision of law to the contrary, in\nthe event the trustee, trustees or board of education of a school\ndistrict that is subject to the provisions of this section proposes a\nbudget that will require a tax levy that exceeds the tax levy limit for\nthe corresponding school year, not including any levy necessary to\nsupport the expenditures pursuant to subparagraphs (i) through (iv) of\nparagraph i of subdivision two of this section, then such budget shall\nbe approved if sixty percent of the votes cast thereon are in the\naffirmative.\n  (b) Where the trustee, trustees or board of education proposes a\nbudget subject to the requirements of paragraph (a) of this subdivision,\nthe ballot for such budget shall include the following statement in\nsubstantially the same form: "Adoption of this budget requires a tax\nlevy increase of         which exceeds the statutory tax levy increase\nlimit of      for this school fiscal year and therefore exceeds the\nstate tax cap and must be approved by sixty percent of the qualified\nvoters present and voting."\n  7. In the event that the original proposed budget is not approved by\nthe voters, the sole trustee, trustees or board of education may adopt a\nfinal budget pursuant to subdivision eight of this section or resubmit\nto the voters the original or a revised budget at a special district\nmeeting in accordance with subdivision three of section two thousand\nseven of this part. Upon one defeat of such resubmitted budget, the sole\ntrustee, trustees or board of education shall adopt a final budget\npursuant to subdivision eight of this section.\n  8. Notwithstanding any other provision of law to the contrary, if the\nqualified voters fail to approve the proposed school district budget\nupon resubmission or upon a determination not to resubmit for a second\nvote pursuant to subdivision seven of this section, the sole trustee,\ntrustees or board of education shall levy a tax no greater than the tax\nthat was levied for the prior school year.\n  9. Nothing in this section shall preclude the trustee, trustees, or\nboard of education of a school district, in their discretion, from\nsubmitting additional items of expenditures to the voters for approval\nas separate propositions or the voters from submitting propositions\npursuant to sections two thousand eight and two thousand thirty-five of\nthis part; provided however, except in the case of a proposition\nsubmitted for any expenditure contained within subparagraphs (i) through\n(iv) of paragraph i of subdivision two of this section, if any\nproposition, or propositions collectively that are subject to a vote on\nthe same date, would require an expenditure of money that would require\na tax levy and would result in the tax levy limit being exceeded for the\ncorresponding school year then such proposition shall be approved if\nsixty percent of the votes cast thereon are in the affirmative.\n
N.Y. RPT Law § 466-D*3 — New York Code / Act RPT / Article 4 / Title 2 / Section 466-D*3
Volunteer firefighters and volunteer ambulance workers
Status: in_force

* § 466-d. Volunteer firefighters and volunteer ambulance workers. 1.\nReal property owned by an enrolled member of an incorporated volunteer\nfire company, fire department or incorporated voluntary ambulance\nservice or such enrolled member and spouse residing in a county which\nhas a population of more than nine hundred thousand and less than nine\nhundred fifty thousand persons, shall be exempt from taxation to the\nextent of ten percent of the assessed value of such property for city,\nvillage, town, part town, school district, special district or county\npurposes, exclusive of special assessments, provided that the governing\nbody of a city, village, town, school district, or county, after a\npublic hearing, adopts a local law, ordinance or resolution providing\ntherefor.\n  2. Such exemption shall be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county only if:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided, however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection;\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification; and\n  (e) (i) for volunteer firefighters, the area served by the volunteer\nfire company does not encompass any area served by a fire company having\nfive or more professional firefighters.\n  (ii) for volunteer ambulance workers, the area served by the volunteer\nambulance company does not encompass any area served by an ambulance\ncompany having five or more professional ambulance workers.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such a county provided that the governing body of a city,\nvillage, town, school district or county, after a public hearing, adopts\na local law, ordinance or resolution providing therefor.\n  4. Any volunteer firefighter or volunteer ambulance worker of such\ncounty who is or becomes permanently disabled due to the exercise of his\nor her duties as such firefighter or ambulance worker and who is\nprevented from being certified as an active service member shall be\nentitled to the annual certification during the period of his or her\ndisability.\n  5. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  6. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 4 § 466-d's\n  * NB Repealed December 9, 2028\n
N.Y. PBH Law § 17 — New York Code / Act PBH / Article 1 / Title 2 / Section 17
Release of medical records
Status: in_force

§ 17. Release of medical records.  Upon the written request of any\ncompetent patient, parent or guardian of an infant, a guardian appointed\npursuant to article eighty-one of the mental hygiene law, or conservator\nof a conservatee, an examining, consulting or treating physician or\nhospital must release and deliver, exclusive of personal notes of the\nsaid physician or hospital, copies of all x-rays, medical records and\ntest records including all laboratory tests regarding that patient to\nany other designated physician or hospital provided, however, that such\nrecords concerning the treatment of an infant patient for venereal\ndisease or the performance of an abortion operation upon such infant\npatient shall not be released or in any manner be made available to the\nparent or guardian of such infant, and provided, further, that original\nmammograms, rather than copies thereof, shall be released and delivered.\nEither the physician or hospital incurring the expense of providing\ncopies of x-rays, medical records and test records including all\nlaboratory tests pursuant to the provisions of this section may impose a\nreasonable charge to be paid by the person requesting the release and\ndeliverance of such records as reimbursement for such expenses,\nprovided, however, that the physician or hospital may not impose a\ncharge for copying an original mammogram when the original has been\nreleased or delivered to any competent patient, parent or guardian of an\ninfant, a guardian appointed pursuant to article eighty-one of the\nmental hygiene law, or a conservator of a conservatee and provided,\nfurther, that any charge for delivering an original mammogram pursuant\nto this section shall not exceed the documented costs associated\ntherewith. However, the reasonable charge for paper copies shall not\nexceed seventy-five cents per page. A release of records under this\nsection shall not be denied solely because of inability to pay. No\ncharge may be imposed under this section for providing, releasing, or\ndelivering medical records or copies of medical records where requested\nfor the purpose of supporting an application, claim or appeal for any\ngovernment benefit or program, provided that, where a provider maintains\nmedical records in electronic form, it shall provide the copy in either\nelectronic or paper form, as required by the government benefit or\nprogram, or at the patient's request.\n  For the purposes of this section the term "laboratory tests" shall\ninclude but not be limited to tests and examinations administered in\nclinical laboratories or blood banks as those terms are defined in\nsection five hundred seventy-one of this chapter.\n
N.Y. PBA Law § 2827-A — New York Code / Act PBA / Article 9 / Title 2 / Section 2827-A
Subsidiaries of public authorities
Status: in_force

§ 2827-a. Subsidiaries of public authorities. 1. Notwithstanding any\nlaw to the contrary, no state authority shall hereafter have the power\nto organize any subsidiary corporation unless the legislature shall have\nenacted a law granting such state authority such power for the\norganization of a specific corporation, provided, however, that a state\nauthority may organize a subsidiary corporation pursuant to the\nfollowing requirements:\n  a. the purpose for which the subsidiary corporation shall be organized\nshall be for a project or projects which the state authority has the\npower to pursue pursuant to its corporate purposes;\n  b. the primary reason for which the subsidiary corporation shall be\norganized shall be to limit the potential liability impact of the\nsubsidiary's project or projects on the authority or because state or\nfederal law requires that the purpose of a subsidiary be undertaken\nthrough a specific corporate structure; and\n  c. the subsidiary corporation shall make the reports and other\ndisclosures as are required of state authorities, unless the subsidiary\ncorporation's operations and finances are consolidated with those of the\nauthority of which it is a subsidiary.\n  2. In such cases where a state authority has the power to organize a\nsubsidiary corporation pursuant to subdivision one of this section, the\nstate authority shall file, no less than sixty days prior to the\nformation of such subsidiary, notice to the authorities budget office,\nthe governor, the comptroller, and the legislature that it will be\ncreating a subsidiary.\n  3. Subsidiary corporations formed under subdivision one of this\nsection shall not have the authority to issue bonds, notes or other\ndebts, provided, however, that such subsidiary corporations may issue\nnotes or other debt to the public authority of which it is a subsidiary.\nNo such debt issued by the subsidiary to its parent authority shall in\ntotal exceed, at any time, a principal amount of five hundred thousand\ndollars or, during the nine months after the formation of the\nsubsidiary, one million dollars.\n  4. The certificate of incorporation or other document filed to\norganize a subsidiary corporation under this section shall state that\nthe state authority is the person organizing the corporation.\n  5. Provided, however, that nothing in this section shall be construed\nto grant an authority the power to create a subsidiary where the\nauthority does not otherwise have the power to do so.\n  6. On or before the first day of January, two thousand eleven, and\nannually on such day thereafter, any subsidiary public benefit\ncorporation, in cooperation with its parent public benefit corporation,\nshall provide to the chair and ranking minority member of the senate\nfinance committee, the chair and ranking minority member of the assembly\nways and means committee, and each chair and ranking member of the\nassembly and senate committees on corporations, authorities and\ncommissions a report on the subsidiary public benefit corporation. Such\nreport shall include for each subsidiary:\n  a. The complete legal name, address and contact information of the\nsubsidiary;\n  b. The structure of the organization of the subsidiary, including the\nnames and titles of each of its members, directors and officers, as well\nas a chart of its organizational structure;\n  c. The complete bylaws and legal organization papers of the\nsubsidiary;\n  d. A complete report of the purpose, operations, mission and projects\nof the subsidiary, including a statement of justification as to why the\nsubsidiary is necessary to continue its operations for the public\nbenefit for the people of the state of New York; and\n  e. Any other information the subsidiary public benefit corporation\ndeems important to include in such report.\n  7. Notwithstanding any inconsistent provision of this section,\nparagraph b of subdivision one and subdivision three of this section\nshall not apply to an entity established in article ten-c of this\nchapter; provided, however, that no such public benefit corporation\nshall have the power to organize a subsidiary for the purpose of:\n  a. evading the requirements of an existing collective bargaining\nagreement; or\n  b. replacing or removing a certified employee organization.\n
N.Y. PBA Law § 3856 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3856
City fiscal year two thousand three--two thousand four budget modification and four-year financial plan
Status: in_force

§ 3856. City fiscal year two thousand three--two thousand four budget\nmodification and four-year financial plan. 1. Not later than September\nfirst, two thousand three, the city shall submit to the authority a\nfinancial plan which may reflect a declaration of need as provided for\nin section thirty-eight hundred sixty-one. The plan shall cover the\ncity's two thousand three--two thousand four fiscal year and the three\nsubsequent fiscal years.\n  2. Not later than fifteen days after such submission, the authority\nshall approve or disapprove the financial plan.\n  3. In the event the authority shall disapprove such financial plan\nbased on disapproval of certain actions or assumptions, the authority\nshall promptly thereafter notify the city of its reasons. Within fifteen\ndays from the receipt of such notification the city shall modify the\nfinancial plan, and unless such financial plan modification is approved\nby the authority, the authority shall impose a financial plan of its own\nformulation as soon as practicable, as provided for in section\nthirty-eight hundred fifty-eight of this title.\n
N.Y. EXC Law § 617 — New York Code / Act EXC / Article 21-B / Title 2 / Section 617
Manufactured home parks to be consistent
Status: in_force

§ 617. Manufactured home parks to be consistent. Manufactured home\nparks may be established or existing parks expanded consistent with the\nprovisions of this title and consistent with the identical development\nspecification and standards, including general aesthetic and\narchitectural standards, applicable to other single-family dwelling\ndevelopments in the municipality in which the park is, or is to be,\nlocated.\n
N.Y. GMU Law § 925-R — New York Code / Act GMU / Article 18-A / Title 2 / Section 925-R
Town of Hamptonburgh industrial development agency
Status: in_force

* § 925-r. Town of Hamptonburgh industrial development agency. For the\nbenefit of the town of Hamptonburgh and the inhabitants thereof, an\nindustrial development agency, to be known as the TOWN OF HAMPTONBURGH\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Hamptonburgh, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the town of\nHamptonburgh. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 421-J — New York Code / Act RPT / Article 4 / Title 2 / Section 421-J
Exemption of capital investment in multiple dwelling buildings within certain cities
Status: in_force

* § 421-j. Exemption of capital investment in multiple dwelling\nbuildings within certain cities. 1. New construction of a multiple\ndwelling building, reconstruction, alteration, or improvement of a\npre-existing multiple dwelling building or structure which is to be\noccupied or is occupied as a residence or home and consists of no less\nthan four units, whether such dwelling is rented or owned as a\ncooperative or condominium, and is located in any city having a\npopulation of more than fifty-five thousand but less than fifty-six\nthousand as determined by the latest federal decennial census, where\nsuch construction or renovation is initiated subsequent to the effective\ndate of a local law pursuant to this section shall be exempt from\ntaxation and special ad valorem levies to the extent provided in this\nsection. After a public hearing, the governing board of such city may\nadopt a local law to grant the exemption authorized pursuant to this\nsection. A copy of such local law shall be filed with the commissioner\nand the assessor of such city who prepares the assessment roll on which\nthe taxes of such city are levied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such new construction, reconstruction,\nalteration or improvement and for an additional period of seven years as\nillustrated in the following table:\n     Year      Exemption: percentage of increase in assessed value\n      2                      87.5\n      3                      75\n      4                      62.5\n      5                      50\n      6                      37.5\n      7                      25\n      8                      12.5\n  (b) No such exemption shall be granted for construction,\nreconstruction, alteration or improvements unless:\n  (i) such reconstruction, alteration or improvement was commenced\nsubsequent to the effective date of the local law adopted pursuant to\nsubdivision one of this section by such city; and\n  (ii) the value of such new construction, reconstruction, alteration or\nimprovement exceeds fifteen thousand dollars per unit; and\n  (iii) a valid building permit shall have been issued.\n  (c) For purposes of this section the terms construction,\nreconstruction, alteration and improvement shall not include ordinary\nmaintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  6. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of new\nconstruction, reconstruction, alteration or improvement as are\nprescribed in such local law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing multiple residence structure\nto prevent physical deterioration of the structure or to comply with\napplicable building, sanitary, health and/or fire codes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  7. No additional exemptions shall apply.\n  * NB There are 2 § 421-j's\n
N.Y. PBH Law § 4124 — New York Code / Act PBH / Article 41 / Title 2 / Section 4124
Vital statistics; registrars and subregistrars; compensation and expenses
Status: in_force

§ 4124. Vital statistics; registrars and subregistrars; compensation\nand expenses. 1. Except as otherwise provided, each registrar shall be\npaid:\n  (a) the sum of fifty cents for each birth certificate properly and\ncompletely made out, registered and promptly returned by him to the\ncommissioner as required by this article;\n  (b) the sum of fifty cents for each death certificate properly and\ncompletely made out in accordance with the international classification\nof diseases and returned and filed with the registrar, and correctly\nrecorded and promptly returned by him to the commissioner, as required\nby this article;\n  (c) the sum of fifty cents for each burial, removal or transit permit\nissued by him;\n  (d) the sum of fifty cents for each report of fetal death properly and\ncompletely made out and filed with the registrar; and\n  (e) his actual and necessary expenses.\n  2. A village clerk, unless the charter of the village provides\notherwise, or a town clerk serving as registrar of vital statistics\nshall be entitled to the fees provided in this section. If a city clerk,\ntown clerk or village clerk is appointed a registrar of vital\nstatistics, as authorized by section forty-one hundred twenty-one of\nthis article, all fees collected by such registrar in the discharge of\nhis duties shall be the property of the city, town or village and shall\nbe paid to the chief fiscal officer of such city, town or village,\nprovided, however, that an amount equivalent to the sum of such fees\nshall be paid at least monthly by such chief fiscal officer to such city\nclerk, town clerk or village clerk entitled to receive fees as a\nregistrar of vital statistics.\n  3. (a) In any city, town or village, the legislative body of the city,\ntown board or board of trustees may provide that the registrar be paid a\nstipulated daily, monthly, or annual salary instead of the fees provided\nfor by this article.\n  (b) If a stipulated salary is fixed, all fees collected by the\nregistrar in the discharge of his duties shall be the property of the\ncity, town or village and shall be paid to the chief fiscal officer,\nsupervisor or the village treasurer, as the case may be.\n  (c) In any city, town or village where the compensation of the\nregistrar is fixed by the legislative body of the city, town board or\nboard of trustees at a stipulated salary, the provisions herein as to\nthe payment of fees or as to the certification by the commissioner shall\nnot apply.\n  (d) In any city, town or village, the registrar shall keep a true and\ncorrect account of all fees received by him or her and report the amount\nof such fees to the chief fiscal officer of such city, town or village\non an annual basis.\n  4. In any case where a local health officer is appointed as registrar\nof vital statistics he shall serve as such registrar without additional\nremuneration therefor.\n  5. In any case where a director or other person in charge of any state\nhospital, charitable or penal institution is appointed or acts as\nregistrar of vital statistics of such registration district he shall\nserve as such registrar without additional remuneration therefor.\n  6. All amounts payable to the local registrar under the provisions of\nthis article shall be paid by the municipality comprising the\nregistration district, upon certification by the commissioner.\n  7. Remuneration and expenses of the registrars of districts which have\nbeen divided into two or more primary registration districts shall be\npaid by the municipality comprising the original district.\n  8. (a) Remuneration and expenses of registrars of combined districts\nshall be paid by the municipalities comprising such districts in\nproportion as each would be required to compensate a separate registrar\nfor its own district, except that when such combined districts coincide\nwith a consolidated health district the remuneration and expenses of the\nregistrar shall be paid by the board of health of such consolidated\nhealth district as provided by section three hundred ninety-nine of this\nchapter.\n  (b) In any combined district, the governing boards of the\nmunicipalities comprising such district; or in a combined district\ncoinciding with a consolidated health district, the board of health\nthereof; or in a district divided into two or more primary registration\ndistricts, the governing board of the municipality comprising the\noriginal district, may provide that the registrar or registrars therein\nbe paid a stipulated daily, monthly or annual salary instead of fees\nprovided for by this article.\n  (c) If a salary is paid as provided in paragraph (b) of this section,\nall fees collected by the registrar in the discharge of his duties shall\nbe the property of the municipality or municipalities involved and the\nprovisions herein requiring the payment of fees to the registrar or the\ncertification by the commissioner shall not apply.\n  9. The commissioner shall certify annually to the municipality the\nnumber of births and deaths properly registered, with the name of the\nlocal registrar and the amount due him at the rate fixed herein.\n  10. Except as otherwise provided, each subregistrar in counties\ndesignated pursuant to this article as primary registration districts\nshall be paid:\n  (a) the sum of fifty cents for each birth and death certificate\nproperly and completely made out and received, noted and forwarded to\nthe registrar of the district, as required by this article;\n  (b) the sum of fifty cents for each burial or removal permit issued by\nhim; and\n  (c) the sum of fifty cents for each report of fetal death properly and\ncompletely made out and filed with the registrar.\n  11. (a) The board of supervisors of the county in which such primary\nregistration district is located may provide that the subregistrar be\npaid a stipulated daily, monthly or annual salary instead of the fees\nprovided for by subdivision eleven of this section.\n  (b) The fees specified to be paid subregistrars under subdivision\neleven or, in lieu thereof, the salary provided for by the board of\nsupervisors of the county shall be paid by the county embracing such\nprimary registration district.\n
N.Y. ELN Law § 11-218 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-218
Application of other provisions
Status: in_force

§ 11-218. Application of other provisions. 1. Except as otherwise\nprovided in this title, special federal ballots shall be furnished,\nmailed, voted, returned, counted, canvassed and preserved as elsewhere\nprovided in this chapter for absentee voters' ballots.\n  2. Except as otherwise provided in this title, all the provisions of\nthis chapter with respect to registration, enrollment, special\nenrollment, correction of enrollment and change of enrollment shall be\ndeemed to apply with respect to and in connection with the operation of\nthis title.\n  3. All the provisions of this chapter relating to crimes against the\nelective franchise shall be deemed to apply with respect to and in\nconnection with the operation of this title.\n  4. The general provisions of this chapter shall apply with respect to\nthis title except as they are inconsistent with this title, and the\nprovisions of this title shall be construed liberally for the purposes\nherein expressed or intended.\n
N.Y. PBH Law § 236-A — New York Code / Act PBH / Article 2 / Title 2-C / Section 236-A
Study of health professional employment incentives
Status: in_force

§ 236-a. Study of health professional employment incentives. 1. The\nlegislature hereby finds and declares that:\n  a. Some parts of rural New York are suffering from physician and nurse\npractitioner shortages forcing residents to forego proper care or travel\nlong distances to receive health care. Rural areas have particular\ncharacteristics such as low population density, inadequate\ntransportation, increasing elderly population, and a lack of economies\nof scale. These issues make recruiting and retaining physicians and\nnurse practitioners in rural areas more challenging than in suburban and\nurban settings.\n  b. Therefore it is incumbent upon the state to provide incentives and\nassistance to physicians and nurse practitioners willing to practice in\nthese shortage areas.\n  2. The Charles D. Cook office of rural health, in consultation with\nthe rural health council, is hereby authorized and directed to conduct a\nstudy to analyze incentive options to encourage physicians and nurse\npractitioners to practice in rural, underserved areas. The report shall\ncontain, but not be limited to, evaluations of the following incentive\noptions: high needs service bonuses, signing bonuses, tax credits, small\nbusiness assistance for beginning practices, programs designed to\nrecruit high school students, and rural medical education tracks in\nmedical schools. The report shall contain an analysis of current state\nlevel loan repayment programs and their effectiveness and may consider\nany similar local programs. The report shall also provide information on\nfederal programs and their impact on New York state rural physician and\nnurse practitioner recruitment. The study shall make recommendations as\nto which incentives are the most effective in recruitment and retention\nof such health professionals.\n  3. The director of the Charles D. Cook office of rural health is\nhereby directed to prepare and present to the legislature, on or before\nMarch first of the year next succeeding the effective date of this\nsection, a report containing a summary of its findings and\nrecommendations.\n
N.Y. RPT Law § 457 — New York Code / Act RPT / Article 4 / Title 2 / Section 457
Exemption for first-time homebuyers of newly constructed homes
Status: in_force

§ 457. Exemption for first-time homebuyers of newly constructed homes.\n1. Newly constructed primary residential property purchased by one or\nmore persons, each of whom is a first-time homebuyer and has not been\nmarried to a homeowner in the three years prior to applying for this\nfirst-time homeowners exemption, shall be exempt from taxation levied by\nor on behalf of any county, city, town, village or school district in\nwhich such newly constructed residential property is located, provided\nthe legislative body or governing board of such county, city, town or\nvillage, after public hearing, adopts a local law, or a school district,\nother than a school district to which article fifty-two of the education\nlaw applies, adopts a resolution providing therefor. The length of such\nexemption shall be set forth in such local law or resolution, but in no\nevent shall it exceed five years.\nSuch exemption shall be computed in accordance with the following table:\n           Year of Exemption            Percentage assessed\n                                      Valuation exempt from tax\n                  1                               50\n                  2                               40\n                  3                               30\n                  4                               20\n                  5                               10\n                  6 or more                        0\n  A copy of such local laws or resolutions shall be filed with the\ncommissioner and the assessor of such county, city, town, or village who\nprepares the assessment roll on which the taxes of such county, city,\ntown, village or school district are levied.\n  2. (a) Any newly constructed primary residential real property within\nthe purchase price limits defined by the state of New York mortgage\nagency low interest rate mortgage program in the non-target, one family\nnew category for the county where such property is located and in effect\non the contract date for the purchase and sale of such property, shall\nbe eligible for the exemption allowed pursuant to this section.\n  (b) A first-time homebuyer who either as part of the written contract\nfor sale of the primary residential property, or who enters into a\nwritten contract within ninety days after closing of the sale of the\nprimary residence for reconstruction, alteration or improvements, the\nvalue of which exceeds three thousand dollars, to the primary\nresidential property shall be exempt from taxation to the extent\nprovided by this section. Such exemption shall apply solely to the\nincrease in assessed value thereof attributable to such reconstruction,\nalteration or improvement provided that the assessed value after\nreconstruction, alteration, or improvements does not exceed fifteen\npercent more than the purchase price limits as defined in paragraph (a)\nof this subdivision. For purposes of this section the terms\nreconstruction, alteration and improvement shall not include ordinary\nmaintenance and repairs.\n  (c) A first-time homebuyer shall not qualify for the exemption\nauthorized pursuant to this section if the household income exceeds\nincome limits defined by the state of New York mortgage agency low\ninterest rate mortgage program in the non-target, one and two person\nhousehold category for the county where such property is located and in\neffect on the contract date for the purchase and sale of such property.\n  (i) The term "household income" as used herein shall mean the total\ncombined income of all the owners, and of any owners' spouses residing\non the premises, for the income tax year preceding the date of making\napplication for the exemption.\n  (ii) The term "income" as used herein shall mean the "adjusted gross\nincome" for federal income tax purposes as reported on the applicant's\nlatest available federal or state income tax return subject to any\nsubsequent amendments or revisions, reduced by distributions, to the\nextent included in federal adjusted gross income, received from an\nindividual retirement account and an individual retirement annuity;\nprovided that if no such return was filed within the one year period\npreceding taxable status date, "income" shall mean the adjusted gross\nincome that would have been so reported if such a return had been filed.\nFor purposes of this subdivision, "latest available return" shall mean\nthe federal or state income tax return for the year immediately\npreceding the date of making application, provided however, that if the\ntax return for such tax year has not been filed, then the income tax\nreturn for the tax year two years preceding the date of making\napplication shall be considered the latest available.\n  3. Newly constructed primary residential property purchased by\nfirst-time homebuyers at a sales price greater than the maximum eligible\nsales price shall qualify for the exemption allowed pursuant to this\nsection for that portion of the sales price of such newly constructed\nprimary residential property equal to the maximum eligible sales price,\nprovided, however, that any newly constructed primary residential\nproperty purchased at a sales price greater than fifteen percent above\nthe maximum eligible sales price shall not be allowed any exemption.\n  4. The legislative body or governing board of a county, city, town or\nvillage may adopt a local law, or a school district, other than a school\ndistrict to which article fifty-two of the education law applies may\nadopt a resolution to provide for an increase not to exceed twenty-five\nper centum on the purchase price limit used for eligibility for the\nexemption provided for in this section.\n  5. No exemption shall be allowed pursuant to this section for any\nnewly constructed primary residential property purchased by a first-time\nhomebuyer on or after December thirty-first, two thousand twenty-eight,\nunless such purchase is pursuant to a binding written contract entered\ninto prior to December thirty-first, two thousand twenty-eight.\nProvided, however, that any first-time homebuyer who is allowed an\nexemption pursuant to this section prior to such date shall continue to\nbe allowed further exemptions pursuant to subdivision one of this\nsection.\n  6. (a) No portion of a single family newly constructed primary\nresidential property shall be leased during the period of time when the\nfirst-time homeowner exemption shall apply to the residence. If any\nportion of the single family newly constructed primary residential\nproperty is found to be the subject of a lease agreement the assessor\nshall discontinue any exemption granted pursuant to this section.\n  (b) In the event that a primary residential property granted an\nexemption pursuant to this section ceases to be used primarily for\nresidential purposes or title thereto is transferred to other than the\nheirs or distributees of the owner, the exemption granted pursuant to\nthis section shall be discontinued.\n  (c) Upon determining that an exemption granted pursuant to this\nsection should be discontinued, the assessor shall mail a notice so\nstating to the owner or owners thereof at the time and in the manner\nprovided by section five hundred ten of this chapter. Such owner or\nowners shall be entitled to seek administrative and judicial review of\nsuch action in the manner provided by law, provided that the burden\nshall be on such owner or owners to establish eligibility for the\nexemption.\n  7. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of the city, town, village\nor county having the power to assess property for taxation on or before\nthe appropriate taxable status date of such city, town, village and\ncounty.\n  8. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch primary residential property shall thereafter be exempt from\ntaxation and special ad valorem levies as provided in this section\ncommencing with the assessment roll prepared on the basis of the taxable\nstatus date referred to in subdivision seven of this section. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  9. For purposes of this section: (a) "first-time homebuyer" means a\nperson who has not owned a primary residential property and is not\nmarried to a person who has owned a residential property during the\nthree-year period prior to his or her purchase of the primary\nresidential property, and who does not own a vacation or investment\nhome.\n  (b) "Primary residential property" means any one or two family house,\ntownhouse or condominium located in this state which is owner occupied\nby such homebuyer.\n  (c) "Newly constructed" means an improvement to real property which\nwas constructed as a primary residential property, and which has never\nbeen occupied and was constructed after the effective date of this\nsection.  "Newly constructed" shall also mean that portion of a primary\nresidential property that is altered, improved or reconstructed.\n
N.Y. PBH Law § 239 — New York Code / Act PBH / Article 2 / Title 2-E / Section 239
Course work or training in infection control practices
Status: in_force

§ 239. Course work or training in infection control practices.  (a)\nEvery physician, physician assistant and specialist assistant practicing\nin the state shall, on or before July first, nineteen hundred\nninety-four and every four years thereafter, complete course work or\ntraining, appropriate to the professional's practice, approved by the\ndepartment regarding infection control, which shall include sepsis, and\nbarrier precautions, including engineering and work practice controls,\nin accordance with regulatory standards promulgated by the department in\nconsultation with the department of education, to prevent the\ntransmission of HIV, HBV, HCV and infections that could lead to sepsis\nin the course of professional practice. Such coursework or training must\nalso be completed by every medical student, medical resident and\nphysician assistant student in the state as part of the orientation\nprograms conducted by medical schools, medical residency programs and\nphysician assistant programs.\n  (b) Every physician, physician assistant, specialist assistant,\nmedical student, medical resident and physician assistant student must\nprovide to the department documentation demonstrating the completion of\nand competence in the coursework or training required under subdivision\n(a) of this section, provided however, that physicians subject to the\nprovisions of paragraph (f) of subdivision one of section twenty-eight\nhundred five-k of this chapter shall not be required to provide such\ndocumentation to the department.\n  (c) The department shall provide an exemption from the requirements\nimposed by subdivision (a) of this section to anyone who requests such\nan exemption and who (i) clearly demonstrates to the department's\nsatisfaction that there would be no need for him or her to complete such\ncourse work or training because of the nature of his or her practice or\n(ii) that he or she has completed course work or training deemed by the\ndepartment to be equivalent to the standards for course work or training\napproved by the department pursuant to this section. An individual\ngranted an exemption must reapply to continue such exemption every four\nyears.\n  (d) The department shall consult with organizations representative of\nprofessions, institutions and those with expertise in infection control\nand HIV, HBV, and HCV with respect to the regulatory standards\npromulgated pursuant to this section. On or before September first, two\nthousand eight, and periodically thereafter as determined necessary by\nthe commissioner, the department, including its patient safety center,\nin consultation with the council on graduate medical education, shall\nreview and revise the content of the coursework or training in infection\ncontrol practices as necessary to ensure that such content: (i) reflects\nthe current infection control practices and standards accepted and\npromoted by the medical and scientific communities; (ii) focuses\nparticular attention on instruction in standards of practice for which\ncompliance is suboptimal based on the department's experience; and (iii)\nemphasizes the application of infection control standards and practices\nin outpatient and ambulatory settings.\n
N.Y. RPT Law § 455 — New York Code / Act RPT / Article 4 / Title 2 / Section 455
Exemption option
Status: in_force

§ 455. Exemption option. Notwithstanding any provision of this title\nto the contrary, real property owned by one or more persons where one of\nsuch owners qualifies for a real property tax exemption pursuant to\nsection four hundred fifty-nine-c or four hundred sixty-seven of this\ntitle, and another of such owners qualifies for a different tax\nexemption pursuant to such sections of this title, such owners shall\nhave the option of choosing the one exemption which is most beneficial\nto such owners. Such owners shall not be prohibited from taking one such\nexemption solely on the basis that such owners qualify for more than one\nexemption and therefore are not eligible for any exemptions.\n
N.Y. PBH Law § 2324 — New York Code / Act PBH / Article 23 / Title 2 / Section 2324
Houses of prostitution; injunction; trial of action
Status: in_force

§ 2324. Houses of prostitution; injunction; trial of action.  1. The\naction for a permanent injunction instituted pursuant to this article,\nshall be triable at the first term of the supreme court after due and\ntimely notice has been served as in other actions.\n  2. If the complaint be uncontroverted it shall be deemed true without\nfurther proof.\n  3. (a) In such action evidence of the common fame and general\nreputation of the place, of the inmates or occupants thereof, or of\nthose resorting thereto, shall be competent evidence to prove the\nexistence of the nuisance.\n  (b) An admission or finding of guilt of any person of a violation of\nsection 230.40 of the penal law at such place shall be presumptive\nevidence of the nuisance, and a plea of guilty or a conviction in a\ncriminal action of maintaining a nuisance at the place described in the\ncomplaint shall be prima facie evidence of the nuisance, and the records\nof any court in the jurisdiction shall be admissible as evidence to\nprove the conviction or plea of guilty.\n  (c) If evidence of the general reputation of the place, or of the\ninmates or occupants thereof, is sufficient to establish the existence\nof a nuisance it shall be prima facie evidence of knowledge thereof and\nacquiescence and participation therein and responsibility for the\nnuisance, on the part of the owners, lessors, lessees, users, and all\nthose in possession of or having charge of, as agent or otherwise, or\nhaving any interest in any form of property, real or personal, used in\nconducting or maintaining said nuisance.\n
N.Y. PBH Law § 280-C — New York Code / Act PBH / Article 2-A / Title 2 / Section 280-C
Pharmacy audits by pharmacy benefit managers
Status: in_force

§ 280-c. Pharmacy audits by pharmacy benefit managers. 1. Definitions.\nAs used in this section, the following terms shall have the following\nmeanings:\n  (a) "Pharmacy benefit manager" shall have the same meaning as in\nsection two hundred eighty-a of this article.\n  (b) "Pharmacy" shall mean a pharmacy that has contracted with a\npharmacy benefit manager for the provision of pharmacy services.\n  2. When conducting an audit of a pharmacy's records, a pharmacy\nbenefit manager shall:\n  (a) not conduct an on-site audit of a pharmacy at any time during the\nfirst three calendar days of a month;\n  (b) notify the pharmacy or its contracting agent no later than fifteen\ndays before the date of initial on-site audit. Such notification to the\npharmacy or its contracting agent shall be in writing delivered either\n(i) by mail or common carrier, return receipt requested, or (ii)\nelectronically with electronic receipt confirmation, addressed to the\nsupervising pharmacist of record and pharmacy corporate office where\napplicable, at least fifteen days before the date of an initial on-site\naudit;\n  (c) limit the audit period to twenty-four months after the date a\nclaim is submitted to or adjudicated by the pharmacy benefit manager;\n  (d) include in the written advance notice of an on-site audit the list\nof specific prescription numbers to be included in the audit that may or\nmay not include the final two digits of the prescription numbers;\n  (e) use the written and verifiable records of a hospital, physician or\nother authorized practitioner, which are transmitted by any means of\ncommunication, to validate the pharmacy records in accordance with state\nand federal law;\n  (f) limit the number of prescriptions audited to no more than one\nhundred randomly selected in a twelve-month period, except in cases of\nfraud;\n  (g) provide the pharmacy or its contracting agent with a copy of the\npreliminary audit report within forty-five days after the conclusion of\nthe audit;\n  (h) be allowed to conduct a follow-up audit on-site if a remote or\ndesk audit reveals the necessity for a review of additional claims;\n  (i) in the case of invoice audits, accept as validation invoices from\nany wholesaler registered with the department of education from which\nthe pharmacy has purchased prescription drugs or, in the case of durable\nmedical equipment or sickroom supplies, invoices from an authorized\ndistributor other than a wholesaler;\n  (j) provide the pharmacy or its contracting agent with the ability to\nprovide documentation to address a discrepancy or audit finding,\nprovided that such documentation must be received by the pharmacy\nbenefit manager no later than the forty-fifth day after the preliminary\naudit report was provided to the pharmacy or its contracting agent. The\npharmacy benefit manager shall consider a reasonable request from the\npharmacy for an extension of time to submit documentation to address or\ncorrect any findings in the report; and\n  (k) provide the pharmacy or its contracting agent with the final audit\nreport no later than sixty days after the initial audit report was\nprovided to the pharmacy or its contracting agent.\n  3. Any claim that was retroactively denied for a clerical error,\ntypographical error, scrivener's error or computer error shall be paid\nif the prescription was properly and correctly dispensed, unless a\npattern of such errors exists, fraudulent billing is alleged or the\nerror results in actual financial loss to the entity. A clerical error\nis an error that does not result in actual financial harm to the covered\nentity or consumer and does not include the dispensing of an incorrect\ndose, amount or type of medication or dispensing a prescription drug to\nthe wrong person.\n  4. This section shall not apply to:\n  (a) audits in which suspected fraudulent activity or other intentional\nor willful misrepresentation is evidenced by a physical review, review\nof claims data or statements, or other investigative methods; or\n  (b) audits of claims paid for by federally funded programs; or\n  (c) concurrent reviews or desk audits that occur within three business\ndays of transmission of a claim and where no chargeback or recoupment is\ndemanded.\n
N.Y. PBA Law § 1030 — New York Code / Act PBA / Article 5 / Title 2 / Section 1030
Deposit for temporary possession of property
Status: in_force

* § 1030. Deposit for temporary possession of property. Whenever the\nauthority, in any proceedings instituted by it for the acquisition of\nany existing plant or plants by condemnation, shall make application for\ntemporary possession pursuant to the provisions of section twenty-four\nof the condemnation law, the sum to be fixed by the court for deposit,\nas a condition of granting such application, need not exceed ten per\ncentum of the assessed valuation of the real property sought to be\nacquired in such proceeding as such assessed valuation appeared upon the\nlast assessment rolls for state or county taxes prior to the\ncommencement of such proceeding.\n  * NB Terminated July 1, 1963\n
N.Y. LAB Law § 528 — New York Code / Act LAB / Article 18 / Title 2 / Section 528
Transitional provisions
Status: in_force

§ 528. Transitional provisions.  Remuneration used to establish a\nvalid original claim prior to the first day of April, nineteen hundred\nninety-nine may be used to establish a subsequent valid original claim.\nUnder such circumstances, the general account rather than the affected\nemployer's account shall be charged for the portion of experience rating\ncharges attributable to such remuneration.\n
N.Y. EDN Law § 2590-T — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-T
New York city comptroller audits
Status: in_force

* § 2590-t. New York city comptroller audits. The comptroller of the\ncity of New York shall have the authority to conduct operational and\nprogrammatic audits, in addition to financial audits, of the city\ndistrict to the same extent that such comptroller has such authority for\nagencies of the city of New York.\n  * NB Repealed June 30, 2028\n
N.Y. ELN Law § 9-200 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-200
Canvass of primary returns by board of elections; notices to delegates; certificates
Status: in_force

§ 9-200. Canvass of primary returns by board of elections; notices to\ndelegates; certificates. 1. The board of elections shall canvass the\nreturns of primary elections filed with it. It shall canvass first the\nvotes of the delegates and alternates to judicial district conventions\nand complete such canvass at the earliest time possible. It shall\ncomplete the canvass otherwise within thirteen days from the day upon\nwhich the primary election is held. Upon the completion of the canvass\nthe board shall make and file in its office tabulated statements, signed\nby the members of such board or a majority thereof, of the number of\nvotes cast for all the candidates for nomination to each public office\nor for election to each party position, and the number of votes cast for\neach such candidate. The candidate receiving the highest number of votes\nfor nomination for a public office or for election to a party position\nvoted for wholly within the political unit for which such board is\nacting, shall be the nominee of his party for such office or elected to\nsuch party position and the board, if requested by a candidate elected\nto a party position, shall furnish to him a certificate of election.\n  2. The board forthwith upon the completion of the canvass for members\nof a state committee and delegates and alternates to a national, state\nor judicial district convention, shall transmit to the state board of\nelections a certificate stating the name and residence of each member of\na state committee and delegate and alternate elected from a district\nwholly within the jurisdiction of such board, except that, in respect to\na judicial district convention in the first, second, eleventh, twelfth\nand thirteenth judicial districts, the board of elections, instead of\ntransmitting such certificate, shall compile the roll of the convention\nand transmit it to the chairman or secretary of the committee which, by\nparty rules, is empowered to fix the time and place of the convention.\nThe board of elections shall send by mail to each delegate and alternate\nelected a notice of his election. The certificate or roll of the\nconvention shall list the delegates and alternates elected at a primary\nin the order of the votes received by each delegate or alternate, with\nthe delegate or alternate receiving the highest number of votes listed\nfirst. Tie votes shall be indicated in a manner prescribed by the state\nboard of elections. If there shall have been no contested election for\nalternates, the names of the alternates shall appear on the certificate\nor roll in the order in which their names appeared on the petition which\ndesignated them.\n  3. The board forthwith, upon the completion of the canvass, shall file\nwith the state board of elections a certified copy of its tabulated\nstatement of the votes cast for each nomination or party position in a\ndistrict extending beyond the political unit for which the board is\nacting.\n  4. The state board of elections, upon the request of the chairman of\nthe state committee of any political party, shall furnish to him a list\nof the duly elected members of the state committee of such party.\n  5. There shall be included in the official compilation of the canvass\nof the returns, the names of the persons who shall have been nominated\nfor public office or elected to party position without balloting, and in\neach such case the word "uncontested" shall be placed in such\ncompilation wherever the vote cast for such a candidate is required to\nbe stated.\n
N.Y. EDN Law § 1709-A — New York Code / Act EDN / Title 2 / Article 35 / Section 1709-A
Powers of boards of education to ban fraternities, sororities and other secret societies
Status: in_force

§ 1709-a. Powers of boards of education to ban fraternities,\nsororities and other secret societies.  1. In its discretion, the board\nof education of each school district, may adopt rules and regulations to\nabolish and/or prohibit any fraternity, sorority or other secret society\nin any secondary school under its jurisdiction.\n  1 (a) Prior to the adoption and promulgation of a rule or regulation\nin accordance with the provisions of subdivision one of this section by\nany board of education of a school district, the board of education of\nthe school district must find that the fraternity, sorority or secret\nsociety group has by virtue of its activities caused or created a\ndisruption of or interference with the academic processes of any\nsecondary school within its jurisdiction or caused or created any\ninterference with or disruption of the academic progress of any\nindividual student or students in any secondary school within its\njurisdiction.\n  2. For the purposes of this chapter a fraternity, sorority or secret\nsociety shall mean any organization composed wholly or in part of pupils\nenrolled in public secondary schools which exists or seeks to perpetuate\nitself by taking in additional members from the pupils enrolled in such\nschools on the decision of the membership rather than upon the free\nchoice of any pupil in such school but shall not be construed to include\norganizations institutionally sponsored by agencies of public welfare,\nthe Boy Scouts of America, the Girl Scouts of America, the Campfire\nGirls, Young Men's Christian Association, Young Women's Christian\nAssociation, Young Men's Hebrew Association, Young Women's Hebrew\nAssociation, Catholic Youth Organization, Kiwanis International, Hi-Y or\nother similar organizations without limitation to the foregoing.\n  3. Upon and after the adoption and promulgation of a rule or\nregulation in accordance with the provisions of subdivision one of this\nsection by the board of education of any such school district, such\nboard of education may in any secondary school under it's jurisdiction\ndiscipline any pupil who shall promise to join, or shall become a member\nof, or shall remain a member of, or shall solicit other persons to join\nany such fraternity, sorority or secret society.\n
N.Y. EDN Law § 1522 — New York Code / Act EDN / Title 2 / Article 31 / Section 1522
Notice of meeting for establishment of union free school district
Status: in_force

§ 1522. Notice of meeting for establishment of union free school\ndistrict. 1. Whenever fifteen persons entitled to vote at any meeting of\nthe inhabitants of any common school district in this state, shall sign\na request for a meeting, to be held for the purpose of determining\nwhether a union free school district shall be established therein in\nconformity with the provisions of this article, it shall be the duty of\nthe trustees of such district, within ten days after such request shall\nhave been presented to them, to give public notice that a meeting of the\ninhabitants of such district entitled to vote thereat will be held for\nsuch purpose as aforesaid, at the schoolhouse, or other more suitable\nplace in such district, on a day and at an hour to be specified in such\nnotice not less than twenty nor more than thirty days after the\npublication of such notice.\n  2. If the trustees shall refuse to give such notice, or shall neglect\nto give the same for twenty days, the commissioner of education may\nauthorize and direct any inhabitant of such district to give the same.\n  3. Whenever such district shall correspond wholly or in part with an\nincorporated village, in which there shall be published a daily or\nweekly newspaper, the notice required in this section shall be given by\nposting the same in five conspicuous places in said district, at least\ntwenty days prior to such meeting, and by causing the same to be\npublished once a week for three consecutive weeks before such meeting,\nin all the newspapers published in said district.\n  4. In other such districts the said notice shall be given by posting\nthe same as aforesaid, and in addition thereto, the trustees of such\ndistrict shall authorize and require any taxable inhabitant thereof to\nnotify every other qualified voter in such district of such meeting by\ndelivering to him a copy of such notice or in case of his absence from\nhome, by leaving a copy thereof, or so much thereof as relates to the\ntime, place and object of the meeting, at the place of his abode at\nleast twenty days prior to the time of such meeting.\n  5. Whenever fifteen persons, entitled as aforesaid, from each of two\nor more adjoining districts, shall unite in a request for a meeting of\nthe inhabitants of such districts, to determine whether such districts\nshall be consolidated by the establishment of a union free school\ndistrict therein, it shall be the duty of the trustees of such\ndistricts, or a majority of them, to submit such proposed consolidation\nto the commissioner of education for approval. If the commissioner\napprove such proposed consolidation, it shall be the duty of such\ntrustees, or a majority of them, to give public notice of such meeting,\nat some convenient place within such districts, and as central as may\nbe, within the time and to be published and served in the manner set\nforth in this section, in each of such districts and to provide for the\nuse of absentee ballots as provided under section two thousand\neighteen-a or two thousand eighteen-b of this title, whichever shall\napply, and early mail ballots as provided in section two thousand\neighteen-e or two thousand eighteen-f of this title, whichever shall\napply.\n  6. The commissioner of education may order such meeting under the\nconditions and in the manner prescribed in this section.\n  7. The reasonable expense of the publication and service of such\nnotice shall be chargeable upon the district, in case a union free\nschool district is established by the meeting so convened, to be levied\nand collected by the trustees, as in case of taxes levied for school\npurposes; but in the event that such union free school district shall\nnot be established, then the said expense shall be chargeable upon the\ninhabitants signing the request, jointly and severally, to be sued for,\nif necessary, in any court having jurisdiction of the same.\n
N.Y. SOS Law § 396 — New York Code / Act SOS / Article 6 / Title 2 / Section 396
Health and welfare services to all children
Status: in_force

§ 396.  Health and welfare services to all children.  All public\nwelfare districts and towns, shall provide children who attend schools\nother than public with all or any of the health and welfare services and\nfacilities, including but not limited to health, surgical, medical,\ndental and therapeutic care and treatment, and corrective aids and\nappliances, authorized by law and now granted or hereafter made\navailable by the public welfare district or districts and/or towns for\nor to children in the public schools in so far as these services and\nfacilities may be requested by the authorities of the schools other than\npublic.  Any such services or facilities shall be so provided\nnotwithstanding any provision of any charter or other provision of law\ninconsistent herewith.\n
N.Y. RPT Law § 328 — New York Code / Act RPT / Article 3 / Title 2 / Section 328
Option to change to single appointed assessor
Status: in_force

§ 328. Option to change to single appointed assessor. In any city or\ntown which has retained the office of elective assessor, the legislative\nbody of such city or town may adopt a local law providing that from and\nafter a date set forth in such local law, which date must be within one\nyear after the date on which such local law was adopted, there shall be\nbut one assessor, to be appointed as provided in section three hundred\nten of this title. The legislative body, in its discretion, may\ndetermine that a local law adopted pursuant to this section shall be\nsubject to a mandatory or permissive referendum, or not subject to a\nreferendum. Any such referendum shall be conducted in the manner\nprescribed in section twenty-three or twenty-four of the municipal home\nrule law, as the case may be. On December thirty-first of the year in\nwhich such local law shall take effect, the term or terms of all\nassessors then in office shall terminate.\n
N.Y. LFN Law § 28.00 — New York Code / Act LFN / Article 2 / Title 2 / Section 28.00
Capital notes
Status: in_force

§ 28.00 Capital notes.  a. Any municipality, school district or\ndistrict corporation may issue capital notes to finance all or part of\nthe cost of any object or purpose for which serial or sinking fund bonds\nmay be issued. Such capital notes may be renewed from time to time but\nsuch notes, including the renewals thereof, shall mature not later than\nthe last day of the second fiscal year succeeding the fiscal year in\nwhich such notes are issued. However, an installment of not less than\nfifty per centum of the amount of such notes shall mature in the first\nfiscal year succeeding the fiscal year in which such notes are issued,\nunless such notes are authorized and issued during a fiscal year at a\ntime subsequent to the date of the adoption of the annual budget for the\nnext succeeding fiscal year.\n  b. Capital notes shall be redeemed out of the taxes or assessments\nlevied or to be levied for the fiscal year in which they mature or out\nof other revenues of that fiscal year legally available for that\npurpose.\n
N.Y. EDN Law § 2209 — New York Code / Act EDN / Title 2 / Article 45 / Section 2209
Salary of district superintendent
Status: in_force

§ 2209. Salary of district superintendent. 1.  Each district\nsuperintendent shall receive an annual salary from the state of\nforty-three thousand four hundred ninety-nine dollars, payable by the\ncommissioner of education from moneys appropriated therefor, and in no\nevent shall any moneys in excess of such amount be paid for such\nsalaries unless this section is amended or explicitly notwithstood.\n  2.  The supervisors of the towns composing any supervisory district\nmay by adopting a resolution by a majority vote increase the salary to\nbe paid by such district to its district superintendent.  Such\nsupervisors must thereupon file with the clerk of the board of\nsupervisors a certificate showing the amount of such increase.  The\nboard of supervisors of each county shall levy such amount annually by\ntax on the towns composing such supervisory district within the county.\n
N.Y. RPT Law § 467-G — New York Code / Act RPT / Article 4 / Title 2 / Section 467-G
Rebate for owners of certain real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth of Octob...
Status: in_force

§ 467-g. Rebate for owners of certain real property seriously damaged\nby the severe storm that occurred on the twenty-ninth and thirtieth of\nOctober, two thousand twelve in a city having a population of one\nmillion or more. 1. Generally. Notwithstanding any provision of any\ngeneral, special or local law to the contrary, any city having a\npopulation of one million or more is hereby authorized and empowered to\nadopt and amend local laws in accordance with this section to grant a\nrebate of real property taxes for the fiscal year beginning on the first\nof July, two thousand twelve, in the amount provided in this section.\nSuch rebate shall be paid by the commissioner of finance to an owner who\nowned eligible real property as defined in subdivision three of this\nsection or a unit in such eligible real property on the thirtieth of\nOctober, two thousand twelve. If legal title to eligible real property,\nor ownership of shares of stock representing a dwelling unit, is held by\none or more trustees, the beneficial owner or owners shall be deemed to\nown the property or dwelling unit for purposes of this section.\nNotwithstanding any provision of this article to the contrary, an owner\nwhose property is receiving benefits pursuant to any other section of\nthis article shall not be prohibited from receiving a rebate pursuant to\nthis section if such owner is otherwise eligible to receive such rebate.\n  2. Definitions. As used in this section:\n  a. "Annual tax" means the amount of real property tax that is imposed\non a property for the fiscal year beginning on the first of July, two\nthousand twelve, determined after reduction for any amount from which\nthe property is exempt, or which is abated, pursuant to applicable law.\n  b. "Assessed valuation" means the assessed valuation of real property\nthat was used to determine the annual tax as defined in paragraph a of\nthis subdivision, and which is not reduced by any exemption from real\nproperty taxes. For real property classified as class two or class four\nreal property as defined in subdivision one of section eighteen hundred\ntwo of this chapter to which subdivision three of section eighteen\nhundred five of this chapter applies, the assessed valuation is the\nlower of the assessed valuation and transitional assessed valuation as\nprovided in subdivision three of section eighteen hundred five of this\nchapter, and which is not reduced by any exemption from real property\ntaxes.\n  c. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or his or her designee.\n  d. "Cooperative development" means, with respect to properties\ndescribed in subparagraph (c) of paragraph class one of subdivision one\nof section eighteen hundred two of this chapter, all of the properties,\nincluding the land and improvements thereon, as to which the land is\nheld by a single cooperative corporation.\n  e. "Department of buildings" means the department of buildings of a\ncity having a population of one million or more.\n  f. "Department of finance" means the department of finance of a city\nhaving a population of one million or more.\n  g. "Owner" means the owner of real property, or a tenant-stockholder\nof a unit in real property held in the cooperative form of ownership on\nthe thirtieth of October, two thousand twelve.\n  3. Eligible real property. a. For purposes of this section, "eligible\nreal property" means any tax lot that contained, on the applicable\ntaxable status date, class one, class two or class four real property as\nsuch classes of real property are defined in subdivision one of section\neighteen hundred two of this chapter, on which any building has been\ndesignated by the department of buildings in accordance with paragraph b\nof this subdivision.\n  b. For purposes of this section, a building has been designated by the\ndepartment of buildings if:\n  (1) during the period beginning on the first of November, two thousand\ntwelve and ending on the thirtieth of November, two thousand twelve,\nafter inspection by the department, such building has been determined to\nbe seriously damaged and unsafe to enter or occupy or completely\ndemolished as a result of damage caused by the effects of the severe\nstorm that occurred on the twenty-ninth and thirtieth of October, two\nthousand twelve, and such determination has been indicated by a notation\non such department's records and/or by the posting of a red placard\nwarning on the building; or\n  (2) during the period beginning on the first of November, two thousand\ntwelve and ending on the thirtieth of November, two thousand twelve,\nafter inspection by the department, such building has been determined to\nrequire repairs or to have a restricted area and such determination has\nbeen indicated by a notation on such department's records and/or by the\nposting of a yellow sticker on the building, and during the period\nbeginning on the first of December, two thousand twelve and ending on\nthe twenty-eighth of December, two thousand twelve, after inspection by\nthe department, such building has been determined to be seriously\ndamaged and unsafe to enter or occupy or completely demolished as a\nresult of damage caused by the effects of the severe storm that occurred\non the twenty-ninth and thirtieth of October, two thousand twelve, and\nsuch determination has been indicated by a notation on such department's\nrecords and/or by the posting of a red placard warning on the building.\n  4. Amount of rebate. a. The amount of the rebate to be paid by the\ncommissioner of finance for eligible real property pursuant to\nsubdivision one of this section shall be equal to two-thirds of the\nannual tax, multiplied by a fraction, the numerator of which is equal to\nthat portion of the assessed valuation of the eligible real property\nthat is attributable to the improvements on the property, and the\ndenominator of which is equal to the total assessed valuation of the\neligible real property.\n  b. Except as provided in subdivision five of this section, for\nproperty held in the cooperative form of ownership, the amount of the\nrebate to be paid to the owner of a unit therein shall be equal to that\nproportion of the amount calculated under paragraph a of this\nsubdivision that is attributable to such unit, as determined by the\nproportional relationship of the owner's share or shares of stock in the\ncooperative apartment corporation that owns such real property to the\ntotal outstanding stock of the cooperative apartment corporation.\n  c. Eligible real property with no annual tax shall not be eligible for\na rebate under this section.\n  5. Calculation of rebate for certain class one real property\nconsisting of one family house structures situated on land held in\ncooperative ownership.\n  a. Notwithstanding the provisions of subdivision four of this section,\nthe amount of the rebate to be paid by the commissioner of finance to\nthe owner of a building that was designated by the department of\nbuildings in accordance with paragraph b of subdivision three of this\nsection, that is located on eligible real property that is described in\nsubparagraph (c) of paragraph class one of subdivision one of section\neighteen hundred two of this chapter, shall be equal to two-thirds of\nthe annual tax on the property of the cooperative development, (1)\nmultiplied by a fraction, the numerator of which is equal to that\nportion of the assessed valuation of the eligible real property in the\ncooperative development that is attributable to the improvements on the\nproperty, and the denominator of which is equal to the total assessed\nvaluation of the eligible real property in the cooperative development,\nand (2) multiplied by a second fraction, the numerator of which is equal\nto the number of buildings in the cooperative development that have been\ndesignated by the department of buildings in accordance with paragraph b\nof subdivision three of this section, and the denominator of which is\nthe total number of buildings that were located in the cooperative\ndevelopment as of the twenty-eighth day of October, two thousand twelve,\nthen (3) divided by the number of buildings in the cooperative\ndevelopment that have been designated by the department of buildings in\naccordance with paragraph b of subdivision three of this section.\n  b. Eligible real property described in this subdivision with no annual\ntax shall not be eligible for a rebate under this section.\n  6. Mailing of rebate. a. The commissioner of finance shall mail the\nrebate authorized by this section to the person whose name appears on\nthe records of the department of finance as the owner of the eligible\nreal property or unit located therein on the thirtieth of October, two\nthousand twelve, at an address on the records of the department of\nfinance as the address of such owner, and if no such address appears on\nthe records of the department of finance, then to the address, if any,\nappearing in the latest assessment roll as the address of the owner of\nthe eligible real property. Notwithstanding the previous sentence, if an\nowner has notified the United States postal service of a forwarding\naddress for mail that would otherwise have been sent to any of the\naddresses described in the previous sentence, then the commissioner of\nfinance may mail the rebate authorized by this section to such\nforwarding address.\n  b. Notwithstanding paragraph a of this subdivision, with respect to\nany rebate to which an owner of a building that was designated by the\ndepartment of buildings in accordance with paragraph b of subdivision\nthree of this section that is located on eligible real property that is\ndescribed in subparagraph (c) of paragraph class one of subdivision one\nof section eighteen hundred two of this chapter is entitled under this\nsection, the commissioner of finance shall mail the rebate to the\ncooperative development of which the owner's property is a part, at the\naddress on the records of the department of finance as the address of\nthe cooperative corporation that is the owner of the land included in\nthe cooperative development, and if no such address appears on the\nrecords of the department of finance, then to the address, if any,\nappearing in the latest assessment roll as the address of the owner of\nsuch land. Notwithstanding the previous sentence, if the cooperative\ncorporation has notified the United States postal service of a\nforwarding address for mail that would otherwise have been sent to any\nof the addresses described in the previous sentence, then the\ncommissioner of finance may mail the rebate authorized by this section\nto such forwarding address.\n  7. Recovery of erroneous rebate. If the commissioner of finance\ndetermines (a) that an owner who received a rebate was not entitled to a\nrebate under this section, or (b) that a rebate was paid or calculated\nin error under this section, the commissioner of finance shall recover\nor recalculate such rebate and the amount of the rebate or an amount\nequal to the difference between the rebate originally paid and the\namount to which the owner was entitled shall be deducted from any refund\nor rebate otherwise payable to the owner, and any balance of such amount\nremaining unpaid shall be paid to the commissioner of finance no later\nthan the due and payable date provided on a notice of the amount payable\nmailed by the commissioner of finance. Such amount payable shall\nconstitute a tax lien on the real property owned by such owner as of the\ndue and payable date provided on such notice, and, if not paid by such\ndue and payable date, interest at the rate applicable to delinquent real\nproperty taxes on such property shall be charged and collected on such\namount from the due and payable date provided on such notice to the date\nof payment, and such amount payable shall be enforceable as a tax lien\nin accordance with provisions of law relating to the enforcement of tax\nliens in any such city.\n  8. Rebate not deemed a refund. Any rebate authorized by this section\nto be paid by the commissioner of finance shall not be deemed to be a\nrefund of a real property tax payment.\n  9. Overpayment. If, in any proceeding brought pursuant to article\nseven of the real property tax law, the assessed valuation of eligible\nreal property is reduced for the fiscal year beginning on the first of\nJuly, two thousand twelve, and such reduction results in a return of\noverpayment of real property taxes paid with respect to such fiscal\nyear, the amount of such overpayment shall be reduced by the amount of\nany rebate paid pursuant to this section. If such overpayment is\nreturned before a rebate is paid pursuant to this section, the amount of\nany rebate paid pursuant to this section shall be reduced by the amount\nof such overpayment.\n  10. Rulemaking. The commissioner of finance shall be authorized to\npromulgate rules necessary to effectuate the purposes of this section.\n
N.Y. RPT Law § 912 — New York Code / Act RPT / Article 9 / Title 2 / Section 912
Priority of tax liens
Status: in_force

§ 912. Priority of tax liens. All tax liens of tax districts which\nbecome liens against a parcel of real property in the same calendar year\nshall have priority over all tax liens of preceding years against such\nparcel except that where a general, special or local law provides that a\ntax district holding and owning a tax lien for levies imposed by it has\nrights of priority different from other holders or owners thereof, the\ntax liens of such tax district shall rank in priority as provided in\nsuch law.\n
N.Y. DOM Law § 113-A — New York Code / Act DOM / Article 7 / Title 2 / Section 113-A
Effect of death of potential adoptive parent
Status: in_force

§ 113-a. Effect of death of potential adoptive parent. Notwithstanding\nany other provision of law to the contrary, when a petition for adoption\nby two persons has been duly filed, and one of the petitioners dies\nbefore the adoption is complete, it shall be treated as a change of\ncircumstance. This change may be reviewed to assure that the adoption is\nin the best interest of the child. The death of one of the adoptive\nparents shall not, by itself, invalidate a certification nor shall the\ndeath of one of the adoptive parents cause a new petition for adoption\nto be filed. The deceased adoptive parent shall be considered one of the\nlegal parents, unless the surviving adoptive parent requests otherwise.\n
N.Y. EDN Law § 1615 — New York Code / Act EDN / Title 2 / Article 33 / Section 1615
Taxation for expenses incurred by trustees
Status: in_force

§ 1615. Taxation for expenses incurred by trustees.  When trustees are\nrequired or authorized by law, or by a vote of their district, to incur\nany expenses for such district, and when any expenses incurred by them\nare made, by express provision of law, a charge upon such district, they\nmay raise the amount thereof by tax in the same manner as if the\ndefinite sum to be raised had been voted by a district meeting.\n
N.Y. VAT Law § 200 — New York Code / Act VAT / Title 2 / Article 2 / Section 200
Department of motor vehicles; commissioner
Status: in_force

§ 200. Department of motor vehicles; commissioner. 1. There shall be\nin the state government a department of motor vehicles. The head of the\ndepartment shall be the commissioner of motor vehicles who shall be\nappointed by the governor, by and with the advice and consent of the\nsenate, and hold office until the end of the term of the appointing\ngovernor and until a successor is appointed and has qualified, and who\nshall receive an annual salary within the amount appropriated therefor.\nThe commissioner of motor vehicles shall have the immediate charge of\nthe department. The commissioner of motor vehicles may appoint, and at\npleasure remove, such deputy commissioners of motor vehicles,\ninspectors, examiners and other assistants and employees of the\ndepartment as are deemed necessary, within the amounts available\ntherefor by appropriation. The commissioner of motor vehicles and all\nother officers and employees of the department shall be paid and allowed\ntheir necessary, actual and reasonable expenses incurred in the exercise\nof their duties. All salaries and expenses of the department shall be\npaid out of the state treasury on the audit and warrant of the\ncomptroller on the certificate of the commissioner of motor vehicles.\nThe principal office of the department shall be in the city of Albany.\n  2. (a) The commissioner of motor vehicles may enter into a contract\nfor the publication of a driver's manual. Such contract may provide for\nthe sale of advertising by the contractor. A contract for publication of\na driver's manual shall be awarded following consideration of factors\nwhich shall include, but not be limited to, the most favorable financial\nadvantage for the state, and the greatest utility to the motorist. The\ncommissioner shall issue a request for proposal for publication of the\ndriver's manual which shall set requirements for the preparation of\nbids; responsibility for preparation and placement of appropriate\nadvertising content, which shall be limited to no more than thirty\npercent of the total space available; approval of the commissioner at\ncritical stages of the driver's manual development, including\nappropriate timetables and schedules; approval of advertising standards\nand rates; any securities which shall be required of the contractor and\ndeadlines for selection of a competent contractor.\n  (b) On or before February first of each year following enactment\nhereof, the department shall submit a report to the director of the\ndivision of the budget detailing any proposed privatization initiatives\nit would like to undertake including a summary of each initiative, the\ncost savings associated with each initiative and the impact of each\ninitiative on customer service and departmental staffing levels. Copies\nof such report shall be simultaneously filed with the chairpersons of\nthe senate finance committee and the assembly ways and means committee.\n
N.Y. RPT Law § 1227 — New York Code / Act RPT / Article 12 / Title 2 / Section 1227
Rates for apportionment purposes; full value adjustments
Status: in_force

§ 1227. Rates for apportionment purposes; full value adjustments. 1.\nIf a nuclear powered electric generating facility, as defined by section\nfour hundred eighty-five of this chapter, is exempt from taxation for\nall purposes pursuant to section four hundred eighty-five of this\nchapter, the facility shall be deemed to be wholly exempt real property\nfor purposes of this article. If such a facility is not exempt for all\npurposes, it shall be deemed to be taxable real property for purposes of\nthis article.\n  2. (a) When a nuclear powered electric generating facility is exempt\nfrom taxation for school district purposes pursuant to section four\nhundred eighty-five of this chapter, but it is not exempt for all\npurposes, the commissioner shall establish a special apportionment rate\nfor the assessing unit containing the facility, which rate shall be used\nfor purposes of apportioning school district taxes to that assessing\nunit pursuant to section thirteen hundred fourteen of this chapter,\nsubject to the provisions of paragraph (b) of this subdivision.\nProvided, however, that no such rate shall be established unless it\nwould result in a change of two percent or more in the share of the\nschool district levy allocated to at least one school district segment,\nor where applicable in the share of the non-homestead class levy\nallocated to at least one portion.\n  (b) When there is another such facility located within the same\nassessing unit but within a different school district, and such facility\nis not exempt from taxation for purposes of that school district, the\ncommissioner may establish a different special apportionment rate for\npurposes of apportioning the taxes of the school district to that\nassessing unit.\n  3. When a nuclear powered electric generating facility is exempt from\ntaxation for county purposes pursuant to section four hundred\neighty-five of this chapter, but it is not exempt for all purposes, the\ncommissioner shall establish a special apportionment rate for the\nassessing unit containing the facility for purposes of establishing\ncounty equalization rates pursuant to title two of article eight of this\nchapter. Provided, however, no such rate shall be established unless it\nwould result in a change of two percent or more in the share of the\ncounty levy allocated to any city or town within the county, or where\napplicable, in the share of the non-homestead class levy allocated to\nany portion.\n  4. When the commissioner has established a special apportionment rate\npursuant to this section, the affected county or school district may\nrequest a full value adjustment from the commissioner. Any such request\nmust be submitted no later than thirty days prior to the last date set\nby law for the first tax levy involving such rate. Where such a request\nis granted, the commissioner shall issue a series of full value\nadjustments over a five-year period, which shall have the effect of\nphasing in over that period the impact of the special apportionment rate\nupon the tax levy.\n
N.Y. VAT Law § 235 — New York Code / Act VAT / Title 2 / Article 2-B / Section 235
Jurisdiction
Status: in_force

§ 235. Jurisdiction.  1. Notwithstanding any inconsistent provision of\nany general, special or local law or administrative code to the\ncontrary, in any city which heretofore or hereafter is authorized to\nestablish an administrative tribunal: (a) to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations, or (b) to adjudicate the liability of owners for\nviolations of subdivision (d) of section eleven hundred eleven of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with traffic-control indications through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter, or (c) to\nadjudicate the liability of owners for violations of subdivision (b),\n(c), (d), (f) or (g) of section eleven hundred eighty of this chapter\nimposed pursuant to a demonstration program imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith such posted maximum speed limits through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or (d) to adjudicate the liability\nof owners for violations of bus lane restrictions as defined by article\ntwenty-four of this chapter imposed pursuant to a bus rapid transit\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such bus lane restrictions\nthrough the installation and operation of bus lane photo devices, in\naccordance with article twenty-four of this chapter, or (e) to\nadjudicate the liability of owners for violations of toll collection\nregulations imposed by certain public authorities pursuant to the law\nauthorizing such public authorities to impose monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ntoll collection regulations of such public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty, or (f) to adjudicate the liability of owners for\nviolations of section eleven hundred seventy-four of this chapter when\nmeeting a school bus marked and equipped as provided in subdivisions\ntwenty and twenty-one-c of section three hundred seventy-five of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with school bus red visual signals through the installation\nand operation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter, or (g) to\nadjudicate the liability of owners for violations of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter in relation to gross vehicle weight and/or axle\nweight violations imposed pursuant to a weigh in motion demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such gross vehicle weight\nand/or axle weight restrictions through the installation and operation\nof weigh in motion violation monitoring systems, in accordance with\narticle ten of this chapter, or (h) to adjudicate the liability of\nowners for violations of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor (i) to adjudicate the liability of owners for violations of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, such\ntribunal and the rules and regulations pertaining thereto shall be\nconstituted in substantial conformance with the following sections.\n  1-a. (a) Notwithstanding any inconsistent provision of any general,\nspecial or local law or administrative code to the contrary, in any\ncounty, city, village, or town which heretofore or hereafter adopts a\nlocal law or ordinance establishing a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with school bus red visual signals through the\ninstallation and operation of school bus photo violation monitoring\nsystems, in accordance with article twenty-nine of this chapter, such\ncounty, city, village, or town shall also establish, by local law or\nordinance, an administrative tribunal to adjudicate the liability of\nowners for violations of section eleven hundred seventy-four of this\nchapter when meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter imposed pursuant to a local law or\nordinance imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter. Such tribunal and the rules and regulations pertaining\nthereto shall be constituted in substantial conformance with the\nfollowing sections and the applicable provisions of article twenty-nine\nof this chapter. Provided that a county, city, village, or town shall\nestablish such tribunal (i) no later than September first, two thousand\ntwenty-seven where such county, city, village, or town has established\nand implemented the aforementioned demonstration program prior to the\ndate upon which this subdivision takes effect, and (ii) no later than\nthe date upon which such county, city, village, or town establishes and\nimplements the aforementioned demonstration program after the date upon\nwhich this subdivision takes effect.\n  (b) Provided, however, that the provisions of paragraph (a) of this\nsubdivision requiring the establishment of an administrative tribunal\nshall not apply to the city of New York wherein violations are\nadjudicated by the New York city parking violations bureau, and shall\nnot apply to any county, city, village, or town in which such notices of\nliability are required to be adjudicated within a traffic violations\nbureau established pursuant to section three hundred seventy of the\ngeneral municipal law, court having jurisdiction, or parking violations\nbureau pursuant to the local law or ordinance imposing such monetary\nliability in accordance with article twenty-nine of this chapter and\nsuch traffic violations bureau or parking violations bureau is\nadjudicating such notices of liability or the chief administrative judge\nor their designee approves the plan to adjudicate such notices of\nliability in such court having jurisdiction.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law or administrative code to the contrary, any city with a\npopulation in excess of one hundred thousand persons according to the\nnineteen hundred eighty United States census hereinafter referred to as\na city shall provide notice of parking violations and of the imposition\nof additional penalties whenever the person who is liable therefor fails\nto respond to the parking ticket in the manner designated thereon. Such\nnotice shall be in substantial conformance with the following\nprovisions:\n  a. Notice. (1) Whenever a city issues a notice of violation for a\nparking violation, it shall be served in the manner prescribed by\nsubdivision two of section two hundred thirty-eight of this article.\n  (2) Whenever a person has been issued a notice of violation for a\nparking violation and has not responded in the manner described in the\nnotice, a city shall give the owner a second notice of the violation by\nregular first class mail: (i) within forty days of issuance of the first\nnotice of violation for a parking violation where the vehicle is a\nvehicle registered in this state; or (ii) within forty days of the\nreceipt by such city of the name and address of the owner of the vehicle\nwhere the vehicle is a vehicle registered in any other state. Such\nsecond notice shall include, but not be limited to, the following\ninformation:\n  (A) that the owner has a period of twenty days from issuance of the\nsecond notice in which to respond to the notice of violation for a\nparking violation;\n  (B) that failure to respond to the notice of violation for a parking\nviolation may result in the suspension and non-renewal of the owner's\nregistration;\n  (C) that failure to respond to the notice of violation for a parking\nviolation may subject the owner to additional penalties as provided in\nparagraph b of this subdivision;\n  (D) that failure to respond to the notice of violation for a parking\nviolation shall subject the owner to a default judgment as provided in\nparagraph c of this subdivision and the additional penalties imposed\nupon parking violations pursuant to paragraph b of this subdivision; and\n  (E) that submission of a plea of guilty to the parking violation makes\nthe owner liable for payment of the stated fine and additional penalties\nimposed pursuant to paragraph b of this subdivision and the mandatory\nsurcharge of fifteen dollars imposed upon parking violations pursuant to\nsection eighteen hundred nine-a of this chapter.\n  b. Additional penalties. (1) For the purposes of this paragraph, each\nlocality shall determine an initial response date of not less than eight\ndays nor more than thirty days, after which time a penalty may be\nimposed. The liability for such initial penalty shall commence on the\ndate following the initial response date.\n  (2) Failure to respond to a notice of violation for a parking\nviolation by the initial response date may result in the liability for a\npenalty in an amount of the fine indicated on the notice of violation\nfor a parking violation; where a city has given a second notice pursuant\nto paragraph a of this subdivision, the following schedule of additional\npenalties may apply:\n  (A) failure to respond to a notice of violation for a parking\nviolation by the initial response date may result in the liability for\nan additional penalty not to exceed ten dollars or, if the first penalty\nassessed by a city does not exceed five dollars, such city may assess an\nadditional penalty within thirty-one to seventy-five days not to exceed\nten dollars; and\n  (B) where a city has given a second notice pursuant to paragraph a of\nthis subdivision failure to respond to a notice of violation for a\nparking violation within seventy-five days may result in the liability,\ncommencing on the seventy-sixth day, for an additional penalty not to\nexceed twenty dollars.\n  (3) Where the additional penalty schedule set forth in subparagraph\ntwo of this paragraph, as interpreted in 9 New York Code of Rules and\nRegulations Part 6180, has not been implemented by a city and is not in\neffect in such city on or before January first, nineteen hundred\nninety-three, the provisions of this paragraph shall not apply. For the\npurposes of this subdivision, the provisions of this paragraph shall not\nbe considered to have been implemented and in effect unless the penalty\nschedule contained herein shall have been applied to parking violations\nissued in such city on or before January first, nineteen hundred\nninety-three.\n  b-1. Alternate additional penalty schedule. In any city in which the\nschedule of penalties contained in subparagraph two of paragraph b of\nthis subdivision, as interpreted in 9 New York Code of Rules and\nRegulations Part 6180, has not been implemented and was not in effect on\nor before January first, nineteen hundred ninety-three, the provisions\nof this paragraph shall only apply upon enactment of a local law\ncontaining the penalty schedule provided in this paragraph prior to\nMarch 28, 1993. Following the enactment of such a local law, such city\nmay elect to impose the additional penalties set forth in subparagraphs\none and two of this paragraph for failure to respond to a notice of\nviolation for a parking violation in accordance with this paragraph. In\nthe event that no such local law was enacted prior to March 28, 1993,\nthe alternate additional penalty schedule set forth in paragraph b-2 of\nthis subdivision shall apply.\n  (1) Failure to respond to a notice of violation for a parking\nviolation within thirty days shall result in liability, commencing on\nthe thirty-first day, for an additional penalty in an amount not to\nexceed ten dollars, indicated on the notice of violation for a parking\nviolation; where a city has given a second notice pursuant to paragraph\na of this subdivision failure to respond to a notice of violation for a\nparking violation within forty-five days may result in liability,\ncommencing on the forty-sixth day, for the penalty prescribed above for\nfailure to respond within thirty days and an additional penalty not to\nexceed twenty dollars; and where a city has given a second notice\npursuant to paragraph a of this subdivision failure to respond to a\nnotice of violation for a parking violation within seventy-five days may\nresult in liability, commencing on the seventy-sixth day, for the\npenalties prescribed above for failure to respond within thirty days and\nfor failure to respond within forty-five days and an additional penalty\nnot to exceed thirty dollars.\n  (2) Notwithstanding the foregoing schedule of alternative additional\npenalties, if an owner makes a plea or appears within twenty days after\nissuance of a second notice of violation in accordance with paragraph a\nof this subdivision, or prior to such mailing, such additional penalty\nshall not exceed ten dollars.\n  b-2. Alternate additional penalty schedule. In any city in which the\nschedule of penalties contained in paragraph b of this subdivision, as\ninterpreted in 9 New York Code of Rules and Regulations Part 6180, has\nnot been implemented and was not in effect on or before January first,\nnineteen hundred ninety-three and which has not enacted a local law\npursuant to paragraph b-1 of this subdivision prior to March 28, 1993,\nthe following alternate additional penalty schedule shall apply:\n  (1) Failure to respond to a notice of violation for a parking\nviolation within eight days may result in the liability, commencing on\nthe ninth day, for an additional penalty in an amount not to exceed five\ndollars;\n  (2) Failure to respond to a notice of violation for a parking\nviolation within thirty days may result in the liability, commencing on\nthe thirty-first day, for the penalty prescribed above for failure to\nrespond within eight days and an additional penalty not to exceed ten\ndollars or, if the first penalty assessed by the city does not exceed\nfive dollars, such city may assess an additional penalty within\nthirty-one to seventy-five days not to exceed ten dollars;\n  (3) Where a city has given a second notice pursuant to paragraph a of\nthis subdivision failure to respond to a notice of violation for a\nparking violation within seventy-five days may result in the liability,\ncommencing on the seventy-sixth day, for the penalties prescribed above\nfor failure to respond within eight days and for failure to respond\nwithin thirty days and an additional penalty not to exceed twenty\ndollars; and\n  (4) Notwithstanding the foregoing schedule of alternate penalties, if\nan owner makes a plea or appears within twenty days after issuance of a\nsecond notice of violation in accordance with paragraph a of this\nsubdivision, or prior to such mailing, such additional penalty shall not\nexceed five dollars.\n  c. Default judgment. Where a city has given notice pursuant to\nparagraph a of this subdivision, failure to respond to a notice of\nviolation for a parking violation within ninety days shall be deemed an\nadmission of liability and shall subject the owner to a default judgment\nbeing entered thereon in an amount not greater than the amount of the\noriginal fine and accrued penalties plus any applicable surcharges. Such\ndefault shall be reported to the department which department shall cause\na suspension and non-renewal of the owner's registration pursuant to the\nprovisions of subdivision four-c of section five hundred ten of this\nchapter.\n  3. Nothing set forth in this article shall a. be construed to\nauthorize the imposition of monetary liability on the owner of a vehicle\nfor failure of an operator thereof to comply with any provision of law,\nrule or regulation through the installation and operation of a photo\nenforcement device or system, except as otherwise explicitly authorized\nby article twenty-four, twenty-nine or thirty of this chapter, by\nsection two thousand nine hundred eighty-five of the public authorities\nlaw, or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven\nhundred seventy-four of the laws of nineteen hundred fifty, nor b. be\nconstrued to grant any municipality the authority to establish by local\nlaw, ordinance, order, rule, regulation, resolution or any other means,\nan administrative tribunal to hear and determine complaints of traffic\ninfractions or jurisdiction to adjudicate any liability set forth in\nsubdivision one of this section except for the adjudication of liability\nby a traffic camera violations bureau as authorized pursuant to\nsubdivision one of section two hundred thirty-seven-a of this article.\n
N.Y. PBH Law § 2540 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2540
Establishment of early intervention program
Status: in_force

§ 2540. Establishment of early intervention program.  There is\nestablished an early intervention program under the administration of\nthe commissioner.\n
N.Y. GMU Law § 911 — New York Code / Act GMU / Article 18-A / Title 2 / Section 911
Town of Dunkirk industrial development agency
Status: in_force

* § 911. Town of Dunkirk industrial development agency. For the\nbenefit of the town of Dunkirk and the inhabitants thereof, an\nindustrial development agency, to be known as the TOWN OF DUNKIRK\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Dunkirk, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Dunkirk. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 1505-A — New York Code / Act EDN / Title 2 / Article 31 / Section 1505-A
Teachers' rights as a result of the dissolution of a school district
Status: in_force

§ 1505-a. Teachers' rights as a result of the dissolution of a school\ndistrict.  1. In any case in which a school district is dissolved and\nportions of such former district are added to more than one school\ndistrict pursuant to the provisions of section fifteen hundred five of\nthis article or section seventeen hundred five of this chapter, each\nteacher employed in such former school district at the time of such\ndissolution shall select the particular school district to which\nterritory is added in which he or she shall be considered an employee,\nwith the same tenure status he or she maintained in such former school\ndistrict. Such selection of the particular school district to which\nterritory is added by such teacher shall be based upon each teacher's\nseniority in such former school district, with the right of selection\npassing from such teachers with the most seniority to such teachers with\nleast seniority.\n  2. Any such teacher who is unable to obtain a teaching position in any\nsuch school district to which territory is added, because the number of\npositions needed are less than the number of teachers eligible to be\nconsidered employees pursuant to subdivision one of this section, shall,\nin all such school districts to which territory is added, be placed on a\npreferred eligible list of candidates for appointment to a vacancy that\nmay thereafter occur in a position similar to the one such teacher\nfilled in such former school district. The teachers on such a preferred\neligible list shall be appointed to such vacancies in such corresponding\nor similar positions under the jurisdiction of the school district to\nwhich territory is added in the order of their length of service in such\nformer school district, within seven years from the date of the\ndissolution of such former school district.\n  3. For any such teacher as set forth in subdivision one of this\nsection, for salary, sick leave and any other purpose, the length of\nservice credited in such former school district shall be credited as\nemployment time with such school district to which territory is added.\n  4. This section shall in no way be construed to limit the rights of\nany such teachers set forth in this section granted by any other\nprovision of law.\n
N.Y. PBA Law § 3409 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3409
State and county not liable on corporation bonds
Status: in_force

§ 3409. State and county not liable on corporation bonds.  (a) The\nstate shall not be liable on the bonds or notes of the corporation and\nsuch bonds or notes shall not be a debt of the state, and such bonds and\nnotes shall contain on the face thereof a statement to such effect.\n  (b) Except as may be authorized by the county pursuant to section\nseven of article seventeen of the state constitution and section\nthirty-four hundred seven of this title, the county shall not be liable\non the bonds or notes of the corporation and such bonds or notes shall\nnot be a debt of the county, and such bonds and notes shall contain on\nthe face thereof a statement to such effect or a statement describing\nthe county liability thereon, if any.\n
N.Y. RPT Law § 489-AAAAA — New York Code / Act RPT / Article 4 / Title 2-E / Section 489-AAAAA
Definitions
Status: in_force

§ 489-aaaaa. Definitions.  When used in this title:\n  1. "Aggregate floor area" means the sum of the gross areas of the\nseveral floors of a building or structure, measured from the exterior\nfaces of exterior walls or from the center lines of walls separating two\nbuildings or structures.\n  2. "Applicant" means any person obligated to pay real property taxes\non the property for which an exemption from real property taxes under\nthis title is sought or in the case of exempt property, the record owner\nor lessee thereof.\n  3. "Approved plans" means plans submitted to and approved by the\ndepartment of buildings in connection with an applicant's building\npermit, including any amendments to such plans approved by such\ndepartment before final inspection of the work for which such permit was\nissued.\n  4. "Benefit period" means the period of time when a recipient is\neligible to receive benefits pursuant to this title.\n  5. "Certificate of eligibility" means the document issued by the\ndepartment of finance pursuant to section four hundred eighty-nine-ddddd\nof this title.\n  6. "Commercial construction work" means the modernization,\nrehabilitation, expansion or other improvement of the portion of\nmixed-use property to be used for commercial purposes.\n  7. "Commercial purpose or use" means the buying, selling or otherwise\nproviding of goods or services, including hotel services, or other\nlawful business or commercial activities permitted in mixed-use\nproperty.\n  8. "Exemption base." For the purpose of computing the exemption\npursuant to section four hundred eighty-nine-bbbbb of this title,\n"exemption base" shall mean: (a) for the first through fifth taxable\nyears following the effective date of a certificate of eligibility, the\nassessed value of improvements made since the effective date of such\ncertificate which are attributable exclusively to residential\nconstruction work or a combination of residential construction work and\ncommercial construction work described in approved plans; and (b) for\nall other years, the assessed value of such improvements which have been\nmade before the sixth taxable status date following the effective date\nof such certificate.\n  9. "Initial assessed value" means the lesser of (a) the taxable\nassessed value of real property appearing on the books of the annual\nrecord of the assessed valuation of real property on the effective date\nof a recipient's certificate of eligibility or (b) the assessed value to\nwhich such assessment is thereafter reduced pursuant to application to\nthe tax commission or court order.\n  10. "Minimum required expenditure" means expenditure for residential\nconstruction work or a combination of residential construction work and\ncommercial construction work in an amount equal to twenty per centum of\nthe initial assessed value; provided, however, that if the department of\nfinance, after consultation with the deputy mayor for finance and\neconomic development, determines that a greater expenditure is required\nto encourage significant development of mixed-use property, it may\nestablish by rule a higher percentage of initial assessed value, not to\nexceed fifty per centum thereof, as the minimum required expenditure.\n  11. "Mixed-use property" means property on which will exist, after\ncompletion of residential construction work or a combination of\nresidential construction work and commercial construction work, a\nbuilding or structure used for both residential and commercial purposes,\nprovided that after completion of such construction work, more than\ntwenty-five per centum of the aggregate floor area of such building or\nstructure is used or held out for use as commercial, community facility\nor accessory use space.\n  12. "Mixed-use construction exemption area" means any area of a city\nhaving a population of one million or more persons, in which, subject to\nthe applicable law governing zoning in such city, mixed-use property is\npermitted, provided, however, that in the city of New York, subject to\nthe applicable law governing zoning in such city, mixed-use construction\nexemption area shall mean: the area in the borough of Manhattan bounded\nby Murray Street on the north starting at the intersection of West\nStreet and Murray Street; running easterly along the center line of\nMurray Street; connecting through City Hall Park with the center line of\nFrankfort Street and running easterly along the center lines of\nFrankfort and Dover Streets to the intersection of Dover Street and\nSouth Street; running southerly along the center line of South Street to\nPeter Minuit Plaza; connecting through Peter Minuit Plaza to the center\nline of State Street and running northwesterly along the center line of\nState Street to the intersection of State Street and Battery Place;\nrunning westerly along the center line of Battery Place to the\nintersection of Battery Place and West Street; and running northerly\nalong the center line of West Street to the intersection of West Street\nand Murray Street.\n  13. "Person" means an individual, corporation, limited liability\ncompany, partnership, association, agency, trust, estate, foreign or\ndomestic government or subdivision thereof, or other entity.\n  14. "Recipient" means an applicant to whom a certificate of\neligibility has been issued pursuant to this title, or the successor in\ninterest of such applicant, provided that where a person who has entered\ninto a lease or purchase agreement with the owner or lessee of exempt\nproperty has been a co-applicant, such person or the successor in\ninterest of such person shall be the recipient.\n  15. "Residential construction work" means the creation, modernization,\nrehabilitation, expansion or other improvement of dwelling units, other\nthan dwelling units in a hotel, in the portion of mixed-use property to\nbe used for residential purposes.\n  16. "Restricted activity" means any entertainment activity which the\ndepartment of finance has identified in rules as an activity which, in\nthe public interest, should not be encouraged through the benefits of\nthis title.\n
N.Y. PBA Law § 1045-I — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-I
Agreement among the water board, the city and the authority for the provision of water projects
Status: in_force

§ 1045-i. Agreement among the water board, the city and the authority\nfor the provision of water projects. 1. The authority, the water board\nand the city, acting either by the mayor alone or by resolution of the\nboard of estimate of the city, may enter into agreements for the purpose\nof providing for the construction and financing of a water project.\n  2. Any such agreements (i) shall describe in sufficient detail for\nreasonable identification the particular water project to be financed in\nwhole or in part by the authority, (ii) shall describe the plan for the\nfinancing of the cost of the construction of such water project,\nincluding the amount, if any, to be provided by the water board and the\nsource or sources thereof, (iii) shall set forth the method by which and\nby whom and the terms and conditions upon which moneys provided by the\nauthority shall be disbursed, (iv) may require, in the discretion of the\nauthority, the payment to the authority of the proceeds of any state and\nfederal grants available to the water board, (v) shall provide for the\nestablishment of user fees, rates, rents and other charges and the\ncharging and collection thereof by the water board for the use of, or\nservices furnished, rendered or made available by such system such as to\nprovide that such board receive revenues at least sufficient, together\nwith other revenues of the board, if any, to meet the requirements of\nsubdivision one of section one thousand forty-five-j of this title,\nprovided that revenues received by such board shall be deposited in a\nspecial fund established pursuant to this title and disbursed to, and\nupon certification of, the authority, (vi) may provide for the transfer\nby the city to the water board pursuant to section one thousand\nforty-five-h of this title of ownership of the sewerage system or water\nsystem, or both, as the case may be, of which such project will form a\npart by the city, (vii) shall provide for the construction and\ncompletion of such water project by the city and for the operation,\nmaintenance and repair thereof as an integrated part of the system of\nwhich such water project forms a part, subject to such terms and\nconditions, not inconsistent with this title, which may be in the public\ninterest and necessary or desirable properly and adequately to secure\nthe holders of bonds of the authority, provided, however, all contracts\nfor public work and all purchase contracts shall be awarded by the city\nas provided by law for the award of such contracts by the city and that\nall contracts for construction shall be let in accordance with the\nprovisions of state law pertaining to prevailing wages, labor standards\nand working hours. Except as otherwise provided in section two hundred\ntwenty-two of the labor law, when the entire cost of constructing a\nbuilding as part of any water project shall exceed three million\ndollars, the city shall prepare separate specifications for the\nfollowing three subdivisions of the work to be performed: (a) plumbing\nand gas fitting; (b) steam heating, hot water heating, ventilating and\nair conditioning apparatus; and (c) electric wiring and standard\nilluminating fixtures, (viii) shall provide for the discontinuance or\ndisconnection of the supply of water or the provision of sewerage\nservice, or both, as the case may be, for non-payment of fees, rates,\nrents or other charges therefor imposed by the water board, provided\nsuch discontinuance or disconnection of any supply of water or the\nprovision of sewerage service, or both, as the case may be, shall not be\ncarried out except in the manner and upon the notice as is required of a\nwaterworks corporation pursuant to subdivisions three-a, three-b and\nthree-c of section eighty-nine-b and section one hundred sixteen of the\npublic service law, and (ix) in the discretion of the authority, require\nreports concerning the project from the water board to the authority and\nthe city.\n  2-a. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (c)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  3. If the city executes an agreement pursuant to this section,\nrelating to the financing of water projects by revenue bonds, it shall\nhave and shall be deemed to have annulled its power to levy user fees,\nrents and other charges on participating properties or customers for the\ncost of financing, operating and maintaining such water or sewerage\nsystem or both, as the case may be, under its jurisdiction until all\nbonds of the authority shall have been paid or discharged in accordance\nwith the agreement and the resolution of the authority authorizing such\nbonds. If the city has outstanding general obligation bonds issued for\nacquiring or constructing water or sewerage facilities, whether the\nbonds are payable from revenues, special assessments, or taxes, it may\nauthorize the authority pursuant to the agreement to issue its revenue\nbonds under this title for the purpose of retiring the outstanding\nbonds.\n  4. No such agreement shall be executed until the city and water board\nshall have held a public hearing at which users of the water system or\nthe sewerage system or the water system and sewerage system, as the case\nmay be, shall have had opportunity to be heard concerning the proposed\nprovisions thereof. Notice of such hearing shall be published at least\nthirty days in advance in the state register, in the official newspaper\nor newspapers of the city, and in at least one newspaper of general\ncirculation in each of the areas served by the water system or sewerage\nsystem, as the case may be.\n  5. Such agreement shall be effective upon the issuance by the\nauthority of notes and bonds to finance the cost of constructing water\nprojects of the city.\n  6. Any such agreement may be amended, revised or extended by\nsupplemental agreements authorized and executed in the same manner as\nthe original agreement, provided that any such supplemental agreement\nshall not be inconsistent with the provisions of this title.\n  7. (a) Following the execution of the agreement by and between the\nauthority, the water board and the city pursuant to this section, the\nclerk of the city, shall publish a notice in substantially the following\nform: "Notice is hereby given that the city of New York has\non         day of                entered into an agreement with the New\nYork city municipal water finance authority in relation to the\nconstruction and financing of (here insert a brief description of the\nsewerage or water facility or facilities to which such agreement\nrelates) pursuant to the New York City Municipal Water Finance Authority\nAct for the purpose of placing its water or sewerage system or water and\nsewerage system, as the case may be, on an independent basis, imposing\nfees and rents on water or sewerage system users, or both, which,\ntogether with other revenues available for such purpose, if any, are\nsufficient to pay to the authority debt service on bonds issued by the\nauthority pursuant to the agreement and for operation and maintenance of\nthe facility (title to which is transferred to the water board pursuant\nto the agreement). Such agreement in general terms provides (here insert\na brief summary of the substantive provisions of such agreement). A copy\nof the complete agreement is on file for public inspection in the office\nof the clerk of the city where the same may be examined by any\ninterested person during regular business hours. The validity of this\nagreement may be hereafter contested only upon the ground or grounds\nthat: (i) such agreement violates, or the performance of any provision\nthereof by any party thereto would violate, the provisions of any law or\nthe state constitution, or (ii) the provisions of law which should have\nbeen complied with in relation to the authorization and execution were\nnot substantially complied with, and in any event an action, suit or\nproceeding is commenced within sixty days after the date of this notice.\n                                                (Clerk or other official\n                                          designated by the city council\n                                               of the city of New York)"\n  (b) The publication authorized by this subdivision shall be in the\nstate register and in the official newspaper or newspapers of the city.\n  (c) After the expiration of the sixty day period set forth in such\nnotice the validity of such agreement shall be conclusively presumed and\nthe validity thereof shall not thereafter be questioned by either a\nparty plaintiff or a party defendant and no court shall have\njurisdiction in any action, suit or proceeding contesting such validity.\n  (d) Neither any error or omission in the notice of publication\nprovided for in this subdivision shall affect or impair the validity of\nan agreement executed pursuant to this section so long as the notice\nsubstantially conforms to the provisions of this section.\n
N.Y. EDN Law § 2606 — New York Code / Act EDN / Title 2 / Article 53 / Section 2606
Registration of voters
Status: in_force

§ 2606. Registration of voters. 1. The board of education except in\nthose city school districts which have adopted a resolution pursuant to\nsection twenty-five hundred thirty-one of this chapter, shall, on or\nbefore the fifteenth day of February in each year, appoint a board of\nregistration for a term of one year, consisting of as many members as\nthe board shall deem necessary, not more than half of whom shall belong\nto the same political party, and shall designate a place within the city\nschool district where such board of registration shall attend for the\npurpose of preparing a register for each school election district. Each\nmember of the board of registration shall be entitled to compensation at\na rate not to exceed that paid at general elections in the city.\n  2. The board of registration of such city school district shall meet\nat the designated place for the purpose of preparing the registers for\nsuch election on such day or days as shall be fixed by the board of\neducation, the last day of which, however, shall not be less than two\nweeks preceding each school election, at such hours as the board of\neducation shall by resolution designate at least twenty days before the\nfirst registration day, which hours shall include at least four hours\nbetween seven o'clock in the morning and eight o'clock in the evening.\nThe registers shall, so far as practicable, be in the same form as the\nregister of voters in an election district for a general election in a\ncity or village having five thousand inhabitants or more, under the\nelection law. Such registers shall be arranged alphabetically by the\nfirst letter of surnames, and the place of residence by street and\nnumber, or by a description accurately locating such place of residence,\nof each person entered in such registers shall be given.\n  Notwithstanding any other general or special law, the board of\nregistration shall have the power to require the board of elections or\nother authority having lawful custody of the register or registers used\nat the general elections last preceding such school election to turn\nover such register or registers to such board of registration on or\nbefore March first of each year for use on the date or dates of such\nregistration and election, for the purpose of preparing the school\ndistrict registers therefrom. Such board of elections or other authority\nmay, however, elect to furnish, in place of the original registers\neither a duplicate of the central file registration records, or a list\nof registered voters, certified to be a complete and accurate copy of\nthe names and addresses of all persons entered in such register for the\nlast preceding general election as well as the names of persons who have\nregistered with such board of elections or other authority up to five\ndays before the date of furnishing such list. On the day following the\nday of the election, the general election register or registers shall be\nreturned to the authority from whom such register or registers were\nsecured. In addition, the board of registration shall include in each\nschool district register, the names and addresses of persons who\nregistered for any intervening school district election, but who were\nnot registered for the preceding general election. The board of\nregistration shall, for each election of the school district, add to\nsuch registers the names of the qualified voters of the school district\nwho shall present themselves personally for registration. Only those\nqualified voters who are not registered under permanent personal\nregistration on or before the last registration day found on the\noriginal or duplicate registers or records or list furnished by the\nboard of elections and have not voted at an intervening school district\nelection, shall be required to present themselves personally for\nregistration.\n  3. All the provisions of the election law in relation to the\nregistration of voters in a city or village having five thousand\ninhabitants or more, shall so far as practicable and consistent with the\nprovisions of this article, apply to the registration provided for in\nthis section.\n  4. The district clerk shall furnish the necessary registration\nmaterial to the board of registration at the expense of the school\ndistrict.\n  5. The board of education shall publish a notice of registration at\nleast once in each of the two weeks preceding the first registration day\ndesignated, in a newspaper having a general circulation in the city\nschool district; or, at least two weeks preceding the first registration\nday designated, the board shall post a printed copy of the notice\nconspicuously in twenty places frequented by the public within such\ndistrict. Such notice shall state that at a place and hour or hours at\nwhich the board of registration shall meet to prepare the school\nelection district registers, any person who has not currently registered\nunder permanent personal registration by the last date found on such\noriginal or duplicate registers, or records, or list furnished by the\nboard of elections, and has not voted at an intervening election, must,\nin order to be entitled to vote, present himself personally for\nregistration. Such notice shall state the last date found on such\noriginal or duplicate registers or records or list furnished by the\nboard of elections.\n  6. The registers prepared as provided in this section shall,\nimmediately upon completion and not less than two weeks prior to the\ntime set for the school election at which they are to be used, be filed\nin the office of the clerk of the board of education, and thereafter\nshall at all reasonable times be open to inspection by any qualified\nvoter of the school district. Upon the filing of such registers, the\nboard of education shall publish at least once in each of the two weeks\npreceding such election in a newspaper having a general circulation in\nthe city school district, or shall post conspicuously in twenty places\nfrequented by the public within the school district, a notice stating\nthat the school election district registers have been filed and noting\nthe place at which they are on file and the hours during which they will\nbe open for inspection in each day up to the day set for the election.\n  7. Any person who is duly qualified to vote and who registered for the\npreceding general election or any intervening school district election,\nand whose name was by mistake, error or neglect of the board of\nregistration, omitted from the school election district register, may at\nany time either before or during election day request the clerk of the\nboard of education to place the name of such voter on the appropriate\nregister. If the clerk of the board of education shall find that such an\nomission has been made, he shall place the voter's name on the register.\nIn the event of the failure, refusal or neglect of the clerk of the\nboard of education to comply with such request, a court, justice or\njudge in a proceeding instituted by such voter may grant an order\ncompelling such clerk forthwith to enter the voter's name on the\nregister.\n  8. A qualified voter may, upon the examination of the registers, file\na challenge of the qualifications as a voter of any person whose name\nappears on such registers. Such challenges shall be written, shall be\nunder oath and shall be on blanks to be furnished by the board of\neducation.\n  9. Challenges shall be received and preserved by the clerk of the\nboard or other person designated by the board, and upon receipt thereof,\nthe clerk shall file such challenge or copy thereof with the register,\nand shall place the words "to be challenged on the day of election"\nopposite the name of such person on the register.\n  10. The clerk of the board of education shall cause a copy of the\nappropriate register of such school district to be delivered on the day\nof the election before the opening of the polls to the inspectors of\nelection at each voting place within the district at the place or places\nwhere the election is to be held.\n  11. School elections in any school district subject to the provisions\nof this article, shall hereafter be conducted in the manner provided in\nthis article, and no person shall be entitled to vote whose name does\nnot appear upon the register of the school election district in which he\nclaims to be entitled to vote.\n  Any person who has moved from one school election district to another,\nin the same city school district and who has not registered in the new\nschool election district, and who is still registered in the district\nfrom which he moved, may vote in the election district in which he is\nregistered. Such person must at the time of voting advise the election\ninspectors of his new address and they shall advise the board of\nregistration to correct such registration.\n  12. The provisions of this section shall not apply with respect to any\nperson registered to vote pursuant to the provisions of section three\nhundred fifty-two of the election law.\n
N.Y. PBH Law § 2123 — New York Code / Act PBH / Article 21 / Title 2 / Section 2123
Communicable diseases; discharge of committed patient; duty to report
Status: in_force

§ 2123. Communicable diseases; discharge of committed patient; duty to\nreport.  1. The chief medical officer of the hospital or other\ninstitution to which any person who has been committed pursuant to the\nprovisions of section two thousand one hundred twenty of this chapter\nupon signing and placing among the permanent records of such hospital or\ninstitution a statement to the effect that such person has obeyed the\nrules and regulations of such hospital or institution, and that in his\njudgment such person may be discharged without danger to the health or\nlife of others, or for any other reason stated in full which he may deem\nadequate and sufficient, may discharge the person so committed.\n  2. The chief medical officer shall report each such discharge together\nwith a full statement of the reasons therefor at once to the health\nofficer of the local health district from which the patient came and at\nthe next meeting of the board of managers or other controlling authority\nof such hospital or institution.\n
N.Y. PBA Law § 3021 — New York Code / Act PBA / Article 10 / Title 2 / Section 3021
Assistance by state officers, departments, boards and commissions
Status: in_force

§ 3021. Assistance by state officers, departments, boards and\ncommissions. 1. The department of audit and control, department of law,\nand all other state agencies may render such services to a corporation\nwithin their respective functions as may be requested by such\ncorporation.\n  2. Upon request of a corporation, any state agency is hereby\nauthorized and empowered to transfer to the corporation such officers\nand employees as it may deem necessary from time to time to assist such\ncorporation in carrying out its functions and duties under this act.\nOfficers and employees so transferred shall not lose or forfeit their\ncivil service status or rights.\n
N.Y. PBH Law § 3313 — New York Code / Act PBH / Article 33 / Title 2 / Section 3313
Granting of initial license
Status: in_force

§ 3313. Granting of initial license.  1. The commisisoner shall grant\nan initial license or amendment to a license as to one or more of the\nsubstances or activities enumerated in the application if he is\nsatisfied that:\n  (a) the applicant will be able to maintain effective control against\ndiversion of controlled substances;\n  (b) the applicant will be able to comply with all applicable state and\nfederal laws;\n  (c) the applicant and its officers are ready, willing and able to\nproperly carry on the manufacturing or distributing activity for which a\nlicense is sought;\n  (d) the applicant possesses sufficient land, buildings and equipment\nto properly carry on the activity described in the application;\n  (e) it is in the public interest that such license be granted; and\n  (f) the applicant and its managing officers are of good moral\ncharacter.\n  2. If the commissioner is not satisfied that the applicant should be\nissued an initial license, he shall notify the applicant in writing of\nthose factors upon which further evidence is required. Within thirty\ndays of the receipt of such notification, the applicant may submit\nadditional material to the commissioner or demand a hearing or both.\n
N.Y. EDN Law § 1710 — New York Code / Act EDN / Title 2 / Article 35 / Section 1710
Boards of education have powers of trustees of common schools and trustees of academies
Status: in_force

§ 1710. Boards of education have powers of trustees of common schools\nand trustees of academies.  The board of education of a union free\nschool district shall possess all the powers and privileges, and be\nsubject to all the duties, which the trustees of common school districts\npossess or are subject to under this chapter, not especially provided\nfor in this article, and not inconsistent with the provisions of this\narticle, including, but not limited to, those provided for in sections\nsixteen hundred four, sixteen hundred six to sixteen hundred seventeen,\nboth inclusive, and sixteen hundred nineteen of this chapter; and shall\nenjoy, whenever an academic department shall be by them established, all\nthe immunities and privileges now enjoyed by the trustees of academies\nin this state.\n
N.Y. PBH Law § 4653*2 — New York Code / Act PBH / Article 46-B / Title 2 / Section 4653*2
Licensure procedures and requirements for assisted living
Status: in_force

* § 4653. Licensure procedures and requirements for assisted living.\n1.  In order to operate as assisted living, an operator shall be\nlicensed as an adult home or enriched housing program and apply and be\napproved for licensure with the commissioner pursuant to this article.\nThe operator shall provide, on an application form developed by the\ncommissioner, the following information to the commissioner in order to\nbe licensed:\n  (a) business name, street address, and mailing address of the\nresidence and of the owners of the residence;\n  (b) status of current operating certificate;\n  (c) verification that the operator has a valid residency agreement in\ncompliance with this article to be entered into with each resident,\nresident's representative and resident's legal representative, if any,\nand shall include a copy of the information to be included in the\nresidency agreement and disclosures as required pursuant to the\nprovisions of section four thousand six hundred fifty-eight of this\narticle, as added by chapter two of the laws of two thousand four, that\nwill be given to prospective residents; and\n  (d) any other information the department may deem necessary for the\nevaluation of the application provided such information is not\nduplicative of what is otherwise required of the applicant in obtaining\nan adult care facility license.\n  2. For existing licensed operators in good standing and their\naffiliates, the department shall develop a streamlined application\nreview and approval process, in collaboration with representatives of\nassociations of operators, to be available for use in relation to\napproval of an additional facility of the same type. Notwithstanding any\nprovision of law or regulation to the contrary, the streamlined\napplication review and approval process shall include, but not be\nlimited to, the following:\n  (a) a certification process and form for the operator or its affiliate\nto attest that it will have sufficient financial resources, revenue and\nfinancing to meet facility expenses and resident needs, which shall\nsatisfy the statutory and regulatory financial component of the\napplication review and approval process;\n  (b) a certification process and form for the operator or its affiliate\nto attest that its legal, corporate and organizational documents comply\nin substance with department requirements, which shall satisfy the\nstatutory and regulatory legal component of the application review and\napproval process;\n  (c) a certification process and form for the operator or its affiliate\nto attest that it is in substantial compliance with all applicable\ncodes, rules and regulations in any other state in which it operates,\nand to disclose any enforcement or administrative action taken against\nit in any other state;\n  (d) issuance by the department of a conditional approval to operate\nthe facility for a specified period of time upon substantial completion\nof the character and competence, legal, financial and architectural\ncomponents of the application, so long as the operator or its affiliate\nagrees in writing to satisfy all pending conditions prior to the\nexpiration of the conditional approval period or a time frame\nestablished by the department;\n  (e) issuance by the department of a conditional approval to construct\na facility, at the operator's or its affiliate's own risk, upon\nsubstantial completion of the architectural component of the\napplication;\n  (f) elimination of duplicative submission and review of any\napplication information which has been previously reviewed and approved\nby the department or any of its regional offices within the past two\nyears through a certification process and form whereby the operator or\nits affiliate will attest that such application information is\nduplicative;\n  (g) with respect to any programmatic application information to be\nreviewed by the regional office, such review shall be conducted on-site\nby the regional office during the pre-opening inspection or first full\nannual inspection, if the department has previously approved the\noperator or its affiliate to operate the same type of program at another\nfacility within the past two years;\n  (h) electronic submission of applications; and\n  (i) a combined application for licensure as an adult care facility,\nassisted living residence and/or assisted living program, to the extent\nthe department determines such a combined application is feasible.\n  2-a. For purposes of subdivision two of this section, "affiliate"\nshall mean an entity, for which a majority of the ownership or\ncontrolling interest is the same as the ownership or controlling\ninterest in an existing licensed operator under this section (provided\nthat an affiliate may have different percentages of ownership or control\nor fewer natural persons with ownership or control than an existing\nlicensed operator) and, further:\n  (a) for any entity owned, directly or indirectly, by natural persons:\n  (i) at all times, more than half of the ownership interest of the\nentity shall be owned, directly or indirectly, by natural persons who\nhave previously been determined to have undergone a satisfactory\ndetermination of character, competence and standing in the community;\n  (ii) at all times, any owner with a direct or indirect ownership\ninterest who has not undergone a satisfactory determination of\ncharacter, competence and standing in the community review must possess\na less than ten percent direct or indirect interest in the entity, until\na satisfactory determination has been made; and\n  (iii) for any natural person proposed to be an owner, directly or\nindirectly, of the entity who is a controlling person, as defined in\nsection four hundred sixty-one-b of the social services law, or is a\nmember, director, or officer of an existing licensed operator under this\nsection, such existing licensed operator must be in good standing with\nthe department; and\n  (b) for any not-for-profit corporation or other entity not under\nparagraph (a) of this subdivision:\n  (i) more than half of the entity's total board members, directors,\nofficers and controlling persons, as defined in section four hundred\nsixty-one-b of the social services law, shall have previously undergone\na satisfactory determination of character, competence and standing in\nthe community; and\n  (ii) if any natural person proposed to be a board member, director, or\nofficer of the entity has an ownership interest, directly or indirectly,\nor is a board member, director, officer, or controlling person, as\ndefined in section four hundred sixty-one-b of the social services law,\nin an existing licensed operator under this section, such existing\nlicensed operator must also be in good standing with the department.\n  2-b. For purposes of subdivision two of this section, "good standing"\nshall mean the operator and its affiliate have not (i) received any\nofficial written notice from the department of a proposed revocation,\nsuspension, denial or limitation on the operating certificate of the\nfacility or residence; (ii) within the previous three years, been\nassessed a civil penalty after a hearing conducted pursuant to\nsubparagraph one of paragraph (b) of subdivision seven of section four\nhundred sixty-d of the social services law for a violation that has not\nbeen rectified; (iii) within the previous year, received any official\nwritten notice from the department of a proposed assessment of a civil\npenalty for a violation described in subparagraph two of paragraph (b)\nof subdivision seven of section four hundred sixty-d of the social\nservices law; (iv) within the previous three years, been issued an order\npursuant to subdivision two, five, six, or eight of section four hundred\nsixty-d of the social services law; (v) within the previous three years,\nbeen placed on, and if placed on, removed from the department's "do not\nrefer list" pursuant to subdivision fifteen of section four hundred\nsixty-d of the social services law. Provided, however, that in the case\nof an operator or affiliate that is not in good standing as provided in\nthis paragraph, the department may permit the operator or affiliate to\nuse the streamlined application process, in its discretion, if it\ndetermines that the disqualifying violation was an isolated occurrence\nthat was promptly corrected by the operator or affiliate.\n  * NB There are 2 § 4653's\n
N.Y. GMU Law § 927-E — New York Code / Act GMU / Article 18-A / Title 2 / Section 927-E
Town of Sand Lake industrial development agency
Status: in_force

* § 927-e. Town of Sand Lake industrial development agency. For the\nbenefit of the town of Sand Lake, county of Rensselaer, and the\ninhabitants thereof, an industrial development agency, to be known as\nthe town of Sand Lake industrial development agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in title one of article eighteen-A of this chapter. It shall\nconstitute a body corporate and politic, and be perpetual in duration.\nIt shall have the powers and duties now or hereafter conferred by title\none of article eighteen-A of this chapter upon industrial development\nagencies, provided that the exercise of the powers by such agency with\nrespect to the acquisition of real property whether by purchase,\ncondemnation or otherwise shall be limited to the corporate limits of\nthe town of Sand Lake, and such agency shall abide by the local zoning\nordinances and planning regulations and shall take into consideration\nthe regional and local comprehensive land use plans. It shall be\norganized in a manner prescribed by and be subject to the provisions of\ntitle one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Sand Lake. The agency,\nits members, officers and employees, and its operations and activities\nshall in all respects be governed by the provisions of title one of\narticle eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBH Law § 239-A — New York Code / Act PBH / Article 2 / Title 2-E / Section 239-A
Infection control guidelines
Status: in_force

§ 239-a. Infection control guidelines. The commissioner shall develop\nevidence-based guidelines that identify key infection control practices\nin inpatient and outpatient medical care settings. Such guidelines shall\nspecifically cover safe injection practices. On or before January first,\ntwo thousand nine, and every year thereafter, the department will\ndistribute these guidelines to physicians, specialist assistants and\nphysician assistants. Such guidelines shall also be made publicly\navailable.\n