N.Y. PBA Law § 1680-Q*2 — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-Q*2
Self-insured bond financing
Status: in_force

* § 1680-q. Self-insured bond financing. 1. As used in this section\nthe following terms shall have the following meanings:\n  (a) "Ancillary bond facility" means any interest rate exchange or\nsimilar agreement or any bond insurance policy, letter of credit or\nother credit enhancement facility, liquidity facility, guaranteed\ninvestment or reinvestment agreement, or other similar agreement,\narrangement or contract.\n  (b) "Benefited party" means any person, firm or corporation that\nenters into an ancillary bond facility with the authority according to\nthe provisions of this section.\n  (c) "Bonds" means any bonds, notes, certificates of participation and\nother evidence of indebtedness issued by the authority pursuant to\nsubdivision five of this section.\n  (d) "Bond owners or owners of bonds" means any registered owners of\nbonds.\n  (e) "Chair" means the chair of the workers' compensation board.\n  (f) "Code" means the United States Internal Revenue Code of 1986, as\namended.\n  (g) "Costs of issuance" means any item of expense directly or\nindirectly payable or reimbursable by the authority and related to the\nauthorization, sale, or issuance of bonds, including, but not limited\nto, underwriting fees and fees and expenses of professional consultants\nand fiduciaries.\n  (h) "Debt service" means actual debt service, comprised of principal,\ninterest and associated costs, as defined in section fifty-c of the\nworkers' compensation law.\n  (i) "Director of the budget" or "director" means the director of the\nbudget of the state of New York.\n  (j) "Financing costs" means all costs of issuance, capitalized\ninterest, capitalized operating expenses of the authority and, pursuant\nto the self-insured bond financing agreement, fees, cost of any\nancillary bond facility, and any other fees, discounts, expenses and\ncosts related to issuing, securing and marketing the bonds including,\nwithout limitation, any net original issue discount.\n  (k) "Investment securities" shall have the same meaning as set forth\nin section one thousand six hundred eighty-l of this title.\n  (l) "Interest rate exchange or similar agreement" means a written\ncontract entered into in connection with the issuance of bonds or with\nsuch bonds outstanding with a counterparty to provide for an exchange or\nswap of payments based upon fixed and/or variable interest rates, and\nshall be for exchanges in currency of the United States of America only.\n  (m) "Net proceeds" means the amount of proceeds remaining following\neach sale of bonds which are not required by the authority for purposes\nof this section to pay or provide for debt service or financing costs,\nas provided in the self-insured bond financing agreement.\n  (n) "Operating expenses" means the reasonable or necessary operating\nexpenses of the authority for purposes of this section, including,\nwithout limitation, the costs of: retention of auditors, preparation of\naccounting and other reports, maintenance of the ratings on the bonds,\nany operating expense reserve fund, insurance premiums, ancillary bond\nfacilities, rebate payments, annual meetings or other required\nactivities of the authority, and professional consultants and\nfiduciaries.\n  (o) "Outstanding", when used with respect to bonds, shall exclude\nbonds that shall have been paid in full at maturity, or shall have\notherwise been refunded, redeemed, defeased or discharged, or that may\nbe deemed not outstanding pursuant to agreements with the holders\nthereof.\n  (p) "Pledged assessments revenues", "pledged revenues" or "pledged\nassessments" means receipts of the assessments imposed pursuant to\nsection one hundred fifty-one of the workers' compensation law and\npledged for the payment of debt service on the bonds or amounts due\npursuant to an ancillary bond facility, including the right to receive\nsame.\n  (q) "Self-insurer offset fund" shall mean the fund composed of\nrevenues, including those obtained by the bonds issued under this\nsection, which shall be used solely for the purposes described in\nsubdivision four of this section.\n  (r) "Self-insured employer" means individual and group self-insured\nemployers established in accordance with section fifty of the workers'\ncompensation law.\n  (s) "State" means the state of New York.\n  (t) "Self-insured bond financing agreement" or "financing agreement"\nmeans an agreement authorized and created pursuant to subdivision four\nof this section and section fifty-c of the workers' compensation law, as\nsame by its terms and bond proceedings, may be amended.\n  2. The authority is hereby authorized to issue bonds to reduce\nassessments imposed on self-insured employers under section fifty of the\nworkers' compensation law as a result of the unfunded claims of\nindividual and group self-insurers. The authority may enter into one or\nmore self-insured bond financing agreements described in section fifty-c\nof the workers' compensation law. All of the provisions of the public\nauthorities law relating to bonds and notes of the dormitory authority\nwhich are not inconsistent with the provisions of this section shall\napply to obligations authorized by this section, including but not\nlimited to the power to establish adequate reserves therefor and to\nissue renewal notes or refunding bonds thereof. The provisions of this\nsection shall apply solely to obligations authorized by this section.\n  3. It is found and declared that unfunded claims in either the\nindividual or group self-insurance trust program will, absent provision\nfor long-term financing, result in imposition of costs on all\nself-insurers through assessments; that such unfunded claims and\nassessments may have a detrimental impact on businesses and\nnot-for-profit corporations in New York state and on the provision of\nservices to New York residents; that without financing the board may be\nrequired to impose higher assessments to pay such unfunded claims; that\nfinancing will allow the workers' compensation board to purchase one or\nmore assumptions of workers' compensation liability policies that will\nlimit the long term losses from these unfunded claims; that the bonds\nwill provide a more efficient means of covering unfunded claims than the\ncurrent system of assessment on all self-insureds; that bonds issued by\nthe authority and secured by assessments levied, for the governmental\npurpose of funding assumption of workers' compensation liability\npolicies, amortized over a substantial period would allow the state to\nlimit liabilities and the assessments needed to pay them, thereby\nfurthering the policy of the state to reduce the costs of workers'\ncompensation and to improve the business climate in the state and the\nability of not-for-profit corporations to perform essential services\nwhile compensating injured workers; that all costs of the authority in\nrelation to this section shall be paid from assessments provided for in\nthe workers' compensation law; and that, therefore, the provisions of\nthis section are for the public benefit and good and the authorization\nas provided in this section for the issuance of revenue obligations of\nthe authority is declared to be for a public purpose and the exercise of\nan essential governmental function.\n  4. (a) The authority, the commissioner of taxation and finance and the\nchair, in consultation with the director of the budget shall execute a\nfinancing agreement prior to the issuance of any bonds. Such agreement\nshall contain such terms and conditions as are necessary to carry out\nand effectuate the purposes of this section, including covenants with\nrespect to the assessments and enforcement of the assessments, the\napplication and use of the proceeds of the sale of bonds to preserve the\ntax exemption on the bonds, the interest on which is intended to be\nexempt from taxation. The state shall not be authorized to make any\ncovenant, pledge, promise or agreement purporting to bind the state with\nrespect to pledged revenues, except as otherwise specifically authorized\nby this section.\n  (b) The net proceeds of the bonds shall be deposited in accordance\nwith the self-insured bond financing agreement and this section. The\nself-insured bond financing agreement shall provide for the application\nof the net bond proceeds, and such bond proceeds shall be used, for any\nof the following purposes: (i) to pay unmet compensation or benefits of\nindividual and group self-insured employers; (ii) to purchase one or\nmore assumption of workers' compensation liability policies to discharge\nthe liabilities incurred or to be incurred under subdivision three or\nthree-a of section fifty of the workers' compensation law; or (iii) to\npay financing costs of the bonds issued under this section. Not\ninconsistent with this section, the authority may provide restrictions\non the use and investment of net proceeds of the bonds and other amounts\nin the self-insured bond financing agreement or otherwise in a tax\nregulatory agreement as necessary or desirable to assure that they are\nexempt from taxation.\n  5. (a) (i) The authority shall have power and is hereby authorized to\nissue its bonds at such times and in such aggregate principal amounts\nnot to exceed an amount to be determined by the chair as necessary to\nfund the purposes of this section, but in no case exceeding nine hundred\nmillion dollars exclusive of any bonds issued to refund bonds previously\nissued pursuant to this chapter and any bonds issued to fund any reserve\nfunds cost of issuance or original issue premium. The bonds shall be\nissued for the following corporate purposes: (A) to pay current unmet\ncompensation or benefits of individual and group self-insured employers;\n(B) to purchase one or more assumptions of workers' compensation\nliability policies to discharge the liabilities incurred or to be\nincurred under subdivision three or three-a of section fifty of the\nworkers' compensation law; or (C) to pay financing costs of the bonds\nissued under this section.\n  (ii) Each issuance of bonds shall be authorized by a resolution of the\nauthority, provided, however, that any such resolution may delegate to\nan officer of the authority the power to issue such bonds from time to\ntime and to fix the details of any such issues of bonds by an\nappropriate certificate of such authorized officer. Every issue of the\nbonds of the authority for the self-insurer offset fund shall be special\nrevenue obligations payable from and secured by a pledge of revenues and\nother assets, including those proceeds of such bonds deposited in a\nreserve fund for the benefit of bondholders, earnings on such funds and\nsuch other funds and assets as may become available, upon such terms and\nconditions as specified by the authority in the resolution under which\nthe bonds are issued or in a related trust indenture.\n  (iii) The authority shall have the power and is hereby authorized from\ntime to time to issue bonds, in consultation with the chair, the\ncommissioner of taxation and finance and the director of the budget, to\nrefund any bonds issued under this section by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and to issue\nbonds partly to refund bonds then outstanding and partly for any of its\nother corporate purposes under this section. The refunding bonds may be\nexchanged for the bonds to be refunded or sold and the proceeds applied\nto the purchase, redemption or payment of such bonds.\n  (b) The bonds of the authority of each issue shall be dated, shall\nbear interest (which, in the opinion of bond counsel to the authority,\nmay be includable in or excludable from the gross income of the owners\nfor federal income tax purposes) at such fixed or variable rates,\npayable at or prior to maturity, and shall mature at such time or times,\nas may be determined by the authority and may be made redeemable before\nmaturity, at the option of the authority, at such price or prices and\nunder such terms and conditions as may be fixed by the authority. The\nprincipal and interest of such bonds may be made payable in any lawful\nmedium. The resolution or the certificate of the authorized officer\nshall determine the form of the bonds, either registered or book-entry\nform, and the manner of execution of the bonds and shall fix the\ndenomination or denominations of the bonds and the place or places of\npayment of principal and interest thereof, which may be at any bank or\ntrust company within or outside the state. If any officer whose\nsignature or a facsimile thereof appears on any bonds shall cease to be\nsuch officer before the delivery of such bonds, such signature or\nfacsimile shall nevertheless be valid and sufficient for all purposes\nthe same as if such officer had remained in office until such delivery.\nThe authority may also provide for temporary bonds and for the\nreplacement of any bond that shall become mutilated or shall be\ndestroyed or lost.\n  (c) The authority may sell such bonds, either at a public or private\nsale and either on a competitive or negotiated basis, provided no such\nbonds may be sold by the authority at private sale unless such sale and\nthe terms thereof have been approved in writing by the comptroller of\nthe state of New York. The proceeds of such bonds shall be disbursed for\nthe purposes for which such bonds were issued under such restrictions as\nthe financing agreement and the resolution authorizing the issuance of\nsuch bonds or the related trust indenture may provide. Such bonds shall\nbe issued without any other approvals, filings, proceedings or the\nhappening of any other conditions other than any approvals, findings,\nproceedings, or other conditions that are specified and expressly\nrequired by this section; provided, however, that any issuance of bonds\nunder the authority of this section shall be considered a project for\nthe purposes of section fifty-one of this chapter and subject to\napproval under such section.\n  (d) Any pledge made by the authority shall be valid and binding at the\ntime the pledge is made. The assets, property, revenues, reserves or\nearnings so pledged shall immediately be subject to the lien of such\npledge without any physical delivery thereof or further act and the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind against the authority, irrespective of whether\nsuch parties have notice thereof. Notwithstanding any other provision of\nlaw to the contrary, neither the bond resolution nor any indenture or\nother instrument, including the financing agreement, by which a pledge\nis created or by which the authority's interest in pledged assets,\nproperty, revenues, reserves or earnings thereon is assigned need be\nfiled, perfected or recorded in any public records in order to protect\nthe pledge thereof or perfect the lien thereof as against third parties,\nexcept that a copy thereof shall be filed in the records of the\nauthority.\n  (e) Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments for\nall purposes, subject only to the provisions of the bonds for\nregistration.\n  (f) At the sole discretion of the authority, any bonds issued by the\nauthority and any ancillary bond facility made under the provisions of\nthis subdivision may be secured by a resolution or trust indenture by\nand between the authority and the trust indenture trustee, which may be\nany trust company or bank having the powers of a trust company, whether\nlocated within or outside the state, provided it is carried out in\naccordance with section sixty-nine-d of the state finance law. Such\ntrust indenture or resolution providing for the issuance of such bonds\nmay provide for the creation and maintenance of such reserves as the\nauthority shall determine to be proper and may include covenants setting\nforth the duties of the authority in relation to the bonds, or the\nfinancing agreement. Such trust indenture or resolution may contain\nprovisions: (i) respecting the custody, safe-guarding and application of\nall moneys and securities; (ii) protecting and enforcing the rights and\nremedies (pursuant to the trust indenture and the financing agreement)\nof the owners of the bonds and any other benefited party as may be\nreasonable and proper and not in violation of law; (iii) concerning the\nrights, powers and duties of the trustee appointed by bondholders\npursuant to paragraph (g) of this subdivision; or (iv) limiting or\nabrogating the right of the bondholders to appoint a trustee. It shall\nbe lawful for any bank or trust company which may act as depository of\nthe proceeds of bonds or of any other funds or obligations received on\nbehalf of the authority to furnish such indemnifying bonds or to pledge\nsuch securities as may be required by the authority. Any such trust\nindenture or resolution may contain such other provisions as the\nauthority may deem reasonable and proper for priorities and\nsubordination among the owners of the bonds and other beneficiaries. For\npurposes of this section, a "resolution" of the authority shall include\nany trust indenture authorized thereby.\n  (g) The authority may enter into, amend or terminate, as it determines\nto be necessary or appropriate, any ancillary bond facility in\nconsultation with the chair and director of the budget (i) to facilitate\nthe issuance, sale, resale, purchase, repurchase or payment of bonds,\ninterest rate savings or market diversification or the making or\nperformance of interest rate exchange or similar agreements, including\nwithout limitation bond insurance, letters of credit and liquidity\nfacilities, (ii) to attempt to manage or hedge risk or achieve a\ndesirable effective interest rate or cash flow, or (iii) to place the\nobligations or investments of the authority, as represented by the bonds\nor the investment of reserved bond proceeds or other pledged revenues or\nother assets, in whole or in part, on the interest rate, cash flow or\nother basis decided in consultation with the chair and director of the\nbudget, which facility may include without limitation contracts commonly\nknown as interest rate exchange or similar agreements, forward purchase\ncontracts or guaranteed investment contracts and futures or contracts\nproviding for payments based on levels of, or changes in, interest\nrates. These contracts or arrangements may be entered into by the\nauthority in connection with, or incidental to, entering into, or\nmaintaining any agreement which secures bonds of the authority or\ninvestment, or contract providing for investment of reserves or similar\nfacility guaranteeing an investment rate for a period of years not to\nexceed the underlying term of the bonds. The determination by the\nauthority that an ancillary bond facility or the amendment or\ntermination thereof is necessary or appropriate as aforesaid shall be\nconclusive. Any ancillary bond facility may contain such payment,\nsecurity, default, remedy, and termination provisions and payments and\nother terms and conditions as determined by the authority, after giving\ndue consideration to the creditworthiness of the counterparty or other\nobligated party, including any rating by any nationally recognized\nrating agency, and any other criteria as may be appropriate.\n  (h) The authority, subject to such agreements with bondholders as may\nthen exist (including provisions which restrict the power of the\nauthority to purchase bonds), or with the providers of any applicable\nancillary bond facility, shall have the power out of any funds available\ntherefor to purchase bonds of the authority, which may or may not\nthereupon be cancelled, at a price not substantially exceeding:\n  (i) if the bonds are then redeemable, the redemption price then\napplicable, including any accrued interest; or\n  (ii) if the bonds are not then redeemable, the redemption price and\naccrued interest applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption.\n  (i) Neither the members of the authority nor any other person\nexecuting the bonds or an ancillary bond facility of the authority shall\nbe subject to any personal liability by reason of the issuance or\nexecution and delivery thereof.\n  (j) The maturities of the bonds shall not exceed thirty years from\ntheir respective issuance.\n  6. Neither any bond issued pursuant to this section nor any ancillary\nbond facility of the authority shall constitute a debt or moral\nobligation of the state or a state supported obligation within the\nmeaning of any constitutional or statutory provision or a pledge of the\nfaith and credit of the state or of the taxing power of the state, and\nthe state shall not be liable to make any payments thereon nor shall any\nbond or any ancillary bond facility be payable out of any funds or\nassets other than pledged revenues and other assets of the authority and\nother funds and assets of or available to the authority pledged\ntherefor, and the bonds and any ancillary bond facility of the authority\nshall contain on the face thereof or other prominent place thereon a\nstatement to the foregoing effect.\n  7. (a) Subject to the provisions of subdivision five of this section\nin the event that the authority shall default in the payment of\nprincipal of, or interest on, or sinking fund payment on, any issue of\nbonds after the same shall become due, whether at maturity or upon call\nfor redemption, or in the event that the authority or the state shall\nfail to comply with any agreement made with the holders of any issue of\nbonds, the holders of twenty-five percent in aggregate principal amount\nof the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of Albany and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  (b) Such trustee, may, and upon written request of the holders of\ntwenty-five percent in principal amount of such bonds then outstanding\nshall, in his or its own name:\n  (i) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the bondholders, including\nthe right to require the authority to carry out any agreement with such\nholders and to perform its duties under this section;\n  (ii) bring suit upon such bonds;\n  (iii) by action or suit, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (iv) by action or suit, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (v) declare all such bonds due and payable, and if all defaults shall\nbe made good, then, with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences, provided, however, that nothing\nin this subdivision shall preclude the authority from agreeing that\nconsent of the provider of an ancillary bond facility is required for an\nacceleration of related bonds in the event of a default other than a\nfailure to pay principal of or interest on the bonds when due.\n  (c) The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such suit, action or proceeding shall be laid in the county of\nAlbany.\n  (d) Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  8. All monies of the authority from whatever source derived shall be\npaid to the treasurer of the authority and shall be deposited forthwith\nin a bank or banks designated by the authority. The monies in such\naccounts shall be paid out or withdrawn on the order of such person or\npersons as the authority may authorize to make such requisitions. All\ndeposits of such monies shall either be secured by obligations of the\nUnited States or of the state or of any municipality of a market value\nequal at all times to the amount on deposit, or monies of the authority\nmay be deposited in money market funds rated in the highest short-term\nor long-term rating category by at least one nationally recognized\nrating agency. To the extent practicable, and consistent with the\nrequirements of the authority, all such monies shall be deposited in\ninterest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any monies of the authority or any monies held in trust\nor otherwise for the payment of bonds or any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Monies held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as monies of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in accordance with law and such guidelines as are\napproved by the authority.\n  9. (a) It is hereby determined that the carrying out by the authority\nof its corporate purposes under this section are in all respects for the\nbenefit of the people of the state of New York and are public purposes.\nAccordingly, the authority shall be regarded as performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis section. The property of the authority, its income and its\noperations shall be exempt from taxation, assessments, special\nassessments and ad valorem levies. The authority shall not be required\nto pay any fees, taxes, special ad valorem levies or assessments of any\nkind, whether state or local, including, but not limited to, real\nproperty taxes, franchise taxes, sales taxes or other taxes, upon or\nwith respect to any property owned by it or under its jurisdiction,\ncontrol or supervision, or upon the uses thereof, or upon or with\nrespect to its activities or operations in furtherance of the powers\nconferred upon it by this section, or upon or with respect to any\nassessments, rates, charges, fees, revenues or other income received by\nthe authority.\n  (b) Any bonds issued pursuant to this section, their transfer and the\nincome therefrom shall, at all times, be exempt from taxation except for\nestate or gift taxes and taxes on transfers.\n  (c) The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this section, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this section and the income therefrom and all assessments, revenues,\nmoneys, and other property received by the authority and pledged to pay\nor to secure the payment of such bonds shall at all times be exempt from\ntaxation.\n  (d) In the case of any bonds of the authority, interest on which is\nintended to be exempt from federal income tax, the authority shall\nprescribe restrictions on the use of the proceeds thereof and related\nmatters only as are necessary or desirable to assure such exemption, and\nthe recipients of such proceeds shall be bound thereby to the extent\nsuch restrictions shall be made applicable to them. Any such recipient,\nincluding, but not limited to, the state, the state insurance fund, a\npublic benefit corporation, and a school district or municipality is\nauthorized to execute a tax regulatory agreement with the authority or\nthe state, as the case may be, and the execution of such an agreement\nmay be treated by the authority or the state as a condition to receiving\nany such proceeds.\n  10. (a) The state, solely with respect to the resources of the\nself-insurer offset fund and as set forth in the self-insured bond\nfinancing agreement, covenants with the purchasers and all subsequent\nowners and transferees of bonds issued by the authority pursuant to this\nsection in consideration of the acceptance of the payment of the bonds,\nuntil the bonds, together with the interest thereon, with interest on\nany unpaid installment of interest and all costs and expenses in\nconnection with any action or proceeding on behalf of the owners, are\nfully met and discharged or unless expressly permitted or otherwise\nauthorized by the terms of each financing agreement and any contract\nmade or entered into by the authority with or for the benefit of such\nowners:\n  (i) that in the event bonds of the authority are sold as federally\ntax-exempt bonds, the state shall not take any action or fail to take\naction that would result in the loss of such federal tax exemption on\nsaid bonds;\n  (ii) that the state will cause the workers' compensation board to\nimpose, charge, raise, levy, collect and apply the pledged assessments\nfor the payment of debt service requirements in each year in which bonds\nare outstanding; and\n  (iii) that the state, subsequent to the issuance of bonds under this\nsection:\n  (A) will not materially limit or alter the duties imposed on the\nworkers' compensation board, the authority, and other officers of the\nstate by the self-insured bond financing agreement and the bond\nproceedings authorizing the issuance of bonds with respect to\napplication of pledged assessments for the payment of debt service\nrequirements;\n  (B) will not issue any bonds, notes or other evidences of\nindebtedness, other than the bonds authorized by this section, having\nany rights arising out of subparagraph two of paragraph c of subdivision\nfive of section fifty of the workers' compensation law or this section\nor secured by any pledge of or other lien or charge on the revenues\npledged for the payment of debt service requirements; except for bonds\nauthorized under subdivision eight of section fifteen of the workers'\ncompensation law.\n  (C) will not create or cause to be created any lien or charge on the\npledged revenues, other than a lien or pledge created thereon pursuant\nto said sections;\n  (D) will carry out and perform, or cause to be carried out and\nperformed, each and every promise, covenant, agreement or contract made\nor entered into by the financing agreement, by the authority or on its\nbehalf with the bond owners of any bonds;\n  (E) will not in any way impair the rights, exemptions or remedies of\nthe bond owners; and\n  (F) will not limit, modify, rescind, repeal or otherwise alter the\nrights or obligations of the appropriate officers of the state to\nimpose, maintain, charge or collect the assessments constituting the\npledged revenues as may be necessary to produce sufficient revenues to\nfulfill the terms of the proceedings authorizing the issuance of the\nbonds, including pledged revenue coverage requirements.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision:\n  (i) the remedies available to the authority and the bondholders for\nany breach of the pledges and agreements of the state set forth in this\nsubdivision shall be limited to injunctive relief;\n  (ii) nothing in this subdivision shall prevent the authority from\nissuing evidences of indebtedness:\n  (A) which are secured by a pledge or lien which is, and shall on the\nface thereof, be expressly subordinate and junior in all respects to\nevery lien and pledge created by or pursuant to said sections; or\n  (B) which are secured by a pledge of or lien on moneys or funds\nderived on or after the date every pledge or lien thereon created by or\npursuant to said sections shall be discharged and satisfied; and\n  (iii) nothing in this subdivision shall preclude the state from\nexercising its power, through a change in law, to limit, modify,\nrescind, repeal or otherwise alter the character of the pledged\nassessments or revenues or to substitute like or different sources of\nassessments, taxes, fees, charges or other receipts as pledged revenues\nif and when adequate provision shall be made by law for the protection\nof the holders of outstanding bonds pursuant to the proceedings under\nwhich the bonds are issued, including changing or altering the method of\nestablishing the special assessments.\n  (c) The authority is authorized to include this covenant of the state,\nas a contract of the state, in any agreement with the owner of any bonds\nissued pursuant to this section and in any credit facility or\nreimbursement agreement with respect to such bonds. Notwithstanding\nthese pledges and agreements by the state, the attorney general may in\nhis or her discretion enforce any and all provisions related to the\nself-insured bond fund, without limitation.\n  (d) Prior to the date which is one year and one day after the\nauthority no longer has any bonds issued pursuant to this section\noutstanding, the authority shall have no authority to file a voluntary\npetition under chapter nine of the federal bankruptcy code or such\ncorresponding chapter or sections as may be in effect, and neither any\npublic officer nor any organization, entity or other person shall\nauthorize the authority to be or become a debtor under chapter nine or\nany successor or corresponding chapter or sections during such period.\nThe state hereby covenants with the owners of the bonds of the authority\nthat the state will not limit or alter the denial of authority under\nthis subdivision during the period referred to in the preceding\nsentence. The authority is authorized to include this covenant of the\nstate, as a contract of the state, in any agreement with the owner of\nany bonds issued pursuant to this section.\n  (e) To the extent deemed appropriate by the authority any pledge and\nagreement of the state with respect to the bonds as provided in this\nsection may be extended to, and included in, any ancillary bond facility\nas a pledge and agreement of the state with the authority and the\nbenefited party.\n  11. The bonds of the authority are hereby made securities in which all\npublic officers and bodies of this state and all municipalities and\npolitical subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or in other obligations of\nthe state, may properly and legally invest funds, including capital, in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of the state and all municipalities, political\nsubdivisions and public corporations for any purpose for which the\ndeposit of bonds or other obligations of the state is now or may\nhereafter be authorized.\n  12. (a) An action against the authority for death, personal injury or\nproperty damage or founded on tort shall not be commenced more than one\nyear and ninety days after the cause of action thereof shall have\naccrued nor unless a notice of claim shall have been served on a member\nof the authority or officer or employee thereof designated by the\nauthority for such purpose, within the time limited by, and in\ncompliance with the requirements of section fifty-e of the general\nmunicipal law.\n  (b) The venue of every action, suit or special proceeding brought\nagainst the authority or concerning the validity of this section shall\nbe laid in the county of Albany.\n  (c) The bonds, and any obligation of the authority under any ancillary\nbond facility, may contain a recital that they are issued or executed,\nrespectively, pursuant to this section, which recital shall be\nconclusive evidence of the validity of the bonds and any such\nobligation, respectively, and the regularity of the proceedings of the\nauthority relating thereto.\n  13. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this section, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein, except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this section in which the\nauthority may be allowed to intervene.\n  14. Notwithstanding any law to the contrary, no funds of the\nself-insurer offset fund may be used for any purpose other than those\nset forth in this section and section fifty-a of the workers'\ncompensation law.\n  * NB There are 2 § 1680-q's\n
N.Y. VAT Law § 415-C — New York Code / Act VAT / Title 4 / Article 16 / Section 415-C
Sale of salvaged inflatable restraint systems; restrictions
Status: in_force

§ 415-c. Sale of salvaged inflatable restraint systems; restrictions.\n1.  On and after January first, nineteen hundred ninety-seven, prior to\noffering any salvaged inflatable restraint system for sale such salvaged\ninflatable restraint system part indentification number and the vehicle\nidentification number of the vehicle from which the salvaged inflatable\nrestraint system was taken shall be referred to a nationally recognized\ntheft index bureau approved by the commissioner, in consultation with\nthe superintendent of financial services, for the purposes of\ndetermining prior to sale that neither the salvaged inflatable restraint\nsystem nor the motor vehicle were stolen, as determined at the time of\ninquiry. The sales invoice shall state the date and the result of the\ninquiry to such theft index bureau.\n  2. On and after March first, nineteen hundred ninety-nine, prior to\noffering any salvaged inflatable restraint system for sale such salvaged\ninflatable restraint system shall be certified according to standards\nestablished by a nationally recognized testing, engineering and research\nbody approved by the commissioner in consultation with the\nsuperintendent of financial services.\n
N.Y. EDN Law § 3002 — New York Code / Act EDN / Title 4 / Article 61 / Section 3002
Oath to support federal and state constitutions
Status: in_force

§ 3002. Oath to support federal and state constitutions. It shall be\nunlawful for any citizen of the United States to serve as teacher,\ninstructor or professor in any school or institution in the public\nschool system of the state or in any school, college, university or\nother educational institution in this state, whose real property, in\nwhole or in part, is exempt from taxation under section four of the tax\nlaw unless and until he or she shall have taken and subscribed the\nfollowing oath or affirmation: "I do solemnly swear (or affirm) that I\nwill support the constitution of the United States of America and the\nconstitution of the State of New York, and that I will faithfully\ndischarge, according to the best of my ability, the duties of the\nposition of ........................(title of position and name or\ndesignation of school, college, university or institution to be here\ninserted), to which I am now assigned."\n  The oath required by this section shall be administered by the\npresident or other head of such school, college, university or\ninstitution, or by the officer or person, or in the case of a board or\nbody by a member of the board or body, having authority to employ such\nperson as a teacher, instructor or professor in such school, college,\nuniversity or institution, and each is hereby authorized to administer\nit. The officer, person or member administering such oath shall cause a\nrecord or notation of the fact to be made in the books or records of the\nschool, college, university or institution. In lieu of the oath\nadministered by an officer, person or member, an employee may comply\nwith the requirements of this section by subscribing and filing the\nfollowing statement: "I do hereby pledge and declare that I will support\nthe constitution of the United States and the constitution of the State\nof New York, and that I will faithfully discharge the duties of the\nposition of ..........................according to the best of my\nability." Such oath or statement shall be filed with the clerk of a\nschool district or with such officer or employee of any such college,\nuniversity or other educational institution that shall be designated for\nsuch purpose. Such oaths or statements shall be available for public\ninspection and for transmittal to the commissioner of education upon his\nrequest. It shall be unlawful for an officer, person or board having\ncontrol of the employment, dismissal or suspension of teachers,\ninstructors or professors in such a school, college, university or\ninstitution, to permit a person to serve in any such capacity therein in\nviolation of the provisions of this section. This section shall not be\nconstrued to require a person to take such oath or to execute such\nstatement more than once during the time he or she is employed in the\nsame school, college, university or institution, though there be a\nchange in the title or duties of the position.\n  The provisions of section sixty-two of the civil service law shall not\napply to a person who is required to take the oath or execute the\nstatement prescribed by this section.\n  An enrolled member of an Indian nation or an Indian individual having\nan affiliation with an Indian nation recognized by the United States or\nthe state of New York may elect to comply with the requirements of this\nsection by instead subscribing and filing the following statement:\n  "I do solemnly affirm that I will faithfully discharge the duties of\nthe position of                       according to the best of my\nability, and perform my duties in a manner consistent with the\nconstitution of the United States and the constitution of the state of\nNew York."\n
N.Y. VAT Law § 410 — New York Code / Act VAT / Title 4 / Article 15 / Section 410
Registration of motorcycles; fees; renewals
Status: in_force

§ 410. Registration of motorcycles; fees; renewals. 1. Registration by\nowners. No motorcycles shall be operated or driven upon the public\nhighways of this state without first being registered in accordance with\nthe provisions of this article, except as otherwise expressly provided\nin this chapter.\n  Every owner of a motorcycle which shall be operated or driven upon the\npublic highways of this state shall, except as otherwise expressly\nprovided, cause to be filed, by mail or otherwise, in the office or a\nbranch office of the commissioner, or with an agent of the commissioner,\nconstituted as provided in this chapter, an application for\nregistration, addressed to the commissioner, and on a blank to be\nprepared under the direction of and furnished by the commissioner for\nthat purpose, containing: (a) A brief description of the motorcycle to\nbe registered, including the name of the manufacturer and factory number\nof such vehicle; (b) the name, residence, including county and business\naddress of the owner of such motorcycle.\n  2. Registration record. Upon the receipt of a sufficient application\nfor registration, as provided in this article, the commissioner or agent\nreceiving it shall register such motorcycle, and maintain a record of\nthe registration of such motorcycle under the distinctive number\nassigned to such motorcycle, as provided in this section, and the\ninformation in such record may be obtained upon payment of the fees\nspecified in section two hundred two of this chapter.\n  3. Certificate of registration. a. Upon the filing of such application\nand the payment of the fee hereinafter provided, the commissioner shall\nassign to such motorcycle a distinctive number and, without expense to\nthe applicant, issue and deliver in such manner as the commissioner may\nselect to the owner a certificate of registration, in such form as the\ncommissioner may prescribe, and a number plate at a place within the\nstate of New York named by the applicant in his application. In the\nevent of the loss, mutilation or destruction of any certificate of\nregistration or number plate, the owner of a registered vehicle may file\nsuch statement and proof of the facts as the commissioner shall require,\nwith a fee of three dollars, in the office of the commissioner, or,\nunless and until the commissioner shall otherwise direct, in the office\nof the agent who issued the certificate or plate and the commissioner or\nhis agent, as the case may be, shall issue a duplicate or substitute. No\napplication for registration shall be accepted unless the applicant is\nat least sixteen years of age.\n  b. Upon the issuance of a certificate of registration, the\ncommissioner shall provide the owner of such vehicle with a notice\nregarding the laws governing unidentifiable motorcycle parts, in such\nform and manner as the commissioner may prescribe.\n  4. Times for registration and reregistration. Registration applied for\nand certificates issued under any application shall expire on a date\ndetermined by the commissioner. Registration shall be renewed\nperiodically in the same manner and upon payment of the same annual fee\nas provided in this section for registration, to take effect and to\nexpire on dates to be determined by the commissioner. Provided, however,\nthat the commissioner shall have authority to fix the length of time for\nwhich any such vehicle which is registered without fee shall be\nregistered. Provided further, however, that renewal of a registration\nmay be used preceding the expiration date of such registration including\nsuch expiration date.\n  5. Registration fees.  a. The annual fee for registration or\nreregistration of a motorcycle shall be eleven dollars and fifty cents.\nBeginning April first, nineteen hundred ninety-eight the annual fee for\nregistration or reregistration of a motorcycle shall be seventeen\ndollars and fifty cents.\n  b. Where a registration is made for a period of more or less than one\ncalendar year, the registration fee shall not be prorated. The\nprovisions hereof with respect to the payment of registration fees shall\nnot apply to motorcycles owned or controlled by the state, a city,\ncounty, village or town or any of the departments thereof, or any school\ndistrict or county extension service association, but in other respects\nshall be applicable.\n  6. Fees in lieu of taxes. The registration fees imposed by this\narticle upon such vehicles shall be in lieu of all taxes, general or\nlocal, to which motorcycles may be subject.\n  7. "Motorcycle" as used in this section shall mean a motorcycle as\ndefined by section one hundred twenty-three of this chapter.\n
N.Y. PBA Law § 1695*2 — New York Code / Act PBA / Article 8 / Title 4-A* / Section 1695*2
Definitions
Status: in_force

* § 1695. Definitions. As used in this article, unless the context\nrequires otherwise:\n  a. "Chairman" means the chairman of the dormitory authority.\n  b. "Minority business concern" means a socially and economically\ndisadvantaged applicant concern which is owned or controlled by one or\nmore persons who have been deprived of the opportunity to develop and\nmaintain a competitive position in the economy because of social or\neconomic disadvantages. Such disadvantages may arise from cultural,\nsocial or economic circumstances. Such persons include, but are not\nlimited to, Black Americans, American Indians, Spanish-Americans,\nOriental-Americans, Eskimos, Aleuts and servicemen in the armed forces\nduring the Vietnam era.\n  c. "Small business" means a business which is independently owned and\noperated, and which is not dominant in the field of operation. The\nauthority shall establish a detailed definition by rule, using in\naddition to the foregoing criteria, other criteria, including the number\nof employees and the dollar volume of business. When computing the size\nstatus of a bidder, annual sales and receipts of the bidder and all of\nits affiliates shall be included. The maximum number of employees and\nthe maximum dollar volume which a small business may have under the\nrules promulgated by the authority shall vary from industry to industry\nto the extent necessary to reflect differing characteristics of such\nindustries based on the criteria used by the federal Small Business\nAdministration for loans to small businesses as set forth in Section\n121.3-10 and Schedules A, C and D (or for awarding government\nprocurements as set forth in Section 121.3-S and Schedule B) of Part 121\nof Chapter I of Title 13 of the Code of Federal Regulations, as amended,\nsubject to the following general limitations unless the above\nregulations provide for other size or annual receipts standards for any\nindustry or subindustry;\n  (1) No wholesale business is a small business if its annual sales for\nits most recently completed fiscal year, nor is a construction business\nif its average annual receipts for the preceding three fiscal years,\nexceed five million dollars.\n  (2) No retail business or business selling services is a small\nbusiness if its annual sales and receipts exceed one million dollars.\n  (3) No manufacturing business is a small business if it employs more\nthan two hundred fifty persons.\n  d. "Small business set-asides" means a purchase request for which bids\nare to be invited and accepted only from small businesses by the\nchairman.\n  * NB There are 2 § 1695's\n
N.Y. VAT Law § 402-A — New York Code / Act VAT / Title 4 / Article 14 / Section 402-A
Facsimile license plates
Status: in_force

§ 402-a. Facsimile license plates. 1. No person shall manufacture,\nsell, or offer for sale a decorative or facsimile license plate of a\nsize, shape, color and design which is identical with the size, shape,\ncolor and design of license plates issued by the department.\n  2. Notwithstanding subdivision one of this section, the commissioner\nmay authorize the manufacture and sale of decorative or facsimile\nlicense plates which are identical to those issued by the department for\nspecial events or productions.\n  3. Whenever there shall be a violation of this section, application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation or to enforce the provisions of this section; and if it shall\nappear to the satisfaction of the court or justice that the defendant\nhas, in fact, violated this section, an injunction may be issued by such\ncourt or justice, enjoining and restraining any further violation,\nwithout requiring proof that any person has, in fact, been injured or\ndamaged thereby. Whenever the court shall determine that a violation of\nthis section has occurred the court may impose a civil penalty of not\nmore than five hundred dollars for each violation. In connection with\nany such proposed application, the attorney general is authorized to\ntake proof and make a determination of the relevant facts and issue\nsubpoenas in accordance with the civil practice law and rules.\n
N.Y. PBA Law § 2880-A — New York Code / Act PBA / Article 9 / Title 4 / Section 2880-A
Contracts for the financing of local water supply systems
Status: in_force

§ 2880-a. Contracts for the financing of local water supply systems.\nNotwithstanding any other provisions of this title or the provisions of\nany general, special or local law, any public benefit corporation\ncreated pursuant to article five of this chapter which is authorized by\nlaw to produce, develop, distribute and sell water, water services,\nfacilities and commodities shall have the power:\n  1. to enter into contracts, with any entity specified in subdivision\ntwo of this section, providing for the financing of the acquisition and\nconstruction of improvements to the water supply system or water\ndistribution system of such entity, the terms of which may include,\namong other provisions, provisions requiring such entity to purchase\nwater only from such public benefit corporation during the term of such\ncontract, which term shall be limited to the lesser of (a) thirty years\nor (b) the probable useful life of the items for which any bonds are\nissued by such public benefit corporation to finance the acquisition and\nconstruction of improvements to such water supply system or water\ndistribution system, and\n  2. to issue bonds, in accordance with the applicable provisions of\nthis chapter, to finance the acquisition and construction of\nimprovements to any water supply system or water distribution system\nowned by any water authority, municipality, county, town, village, water\ndistrict or Indian tribe to which such public benefit corporation is\nauthorized by law to furnish water.\n
N.Y. PBA Law § 1493-A — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-A
Short title
Status: in_force

§ 1493-a. Short title. This title may be cited as the "City of Albany\nParking Authority Act."\n
N.Y. PBH Law § 3450 — New York Code / Act PBH / Article 34 / Title 4 / Section 3450
Suspension and revocation of licenses
Status: in_force

§ 3450. Suspension and revocation of licenses. 1. The commissioner may\nrevoke or suspend any license of a funeral director, undertaker or\nembalmer and, if such licensee shall be the owner of, or a member of a\npartnership owning, a funeral firm or the licensed and registered\nmanager of a funeral firm owned by a corporation, any certificate of\nregistration of such firm, or may reprimand or otherwise discipline such\nlicensee or funeral firm in accordance with the provisions of this\narticle upon proof that such licensee or, in the case of such\ncorporation, that the corporation or one or more of its officers or\ndirectors or one or more of its stockholders or other persons, firms or\ncorporations having a ten per centum or greater proprietary, beneficial,\nequitable or credit interest therein:\n  (a) has violated any of the provisions of this article, the sanitary\ncode, the rules and regulations of the commissioner or of any statute,\ncode, rule or regulation relating to the practice of funeral directing,\nembalming, or vital statistics;\n  (b) has been convicted of a crime;\n  (c) has practiced fraud, deceit or misrepresentation in securing or\nprocuring a license or admission to practice funeral directing,\nundertaking, or embalming;\n  (d) is incompetent to engage in the business or practice of funeral\ndirecting, undertaking, or embalming except that this provision shall\nnot apply to an officer, director or stockholder of, or other person\ninterested in, a corporation owning a funeral firm unless he shall be\nthe licensed and registered manager thereof;\n  (e) has practiced fraud, deceit, or misrepresentation in his business\nor practice or in the business of such funeral firm;\n  (f) has committed acts of misconduct in the conduct of the business or\npractice of funeral directing, undertaking, or embalming or in the\nbusiness of such funeral firm;\n  (g) is an habitual drunkard;\n  (h) is addicted to the use of morphine, opium, cocaine or other drugs\nhaving a similar effect;\n  (i) has practiced or conducted the business of such funeral firm\nwithout biennial registration of his license or of such firm;\n  (j) has employed, hired, procured or induced or otherwise aided or\nabetted any person not licensed or registered to practice or hold\nhimself out as licensed, practicing, or entitled to practice as an\nundertaker, or embalmer, or funeral director;\n  (k) has wrongfully transferred or surrendered possession, either\ntemporarily or permanently, of his license or certificate of\nregistration thereof or of the certificate of registration of such\nfuneral firm to any other person, partnership or corporation;\n  (l) has paid, given, has caused to be paid or given or offered to pay\nor to give to any person a commission or other valuable consideration\nfor the solicitation or procurement, either directly or indirectly, of\nfuneral patronage, or has accepted any consideration (including without\nlimitation a commission, rebate, or discount or direct or indirect price\nreduction on merchandise from the current value thereof) from any\nfinancial institution or trust company, or agent thereof, with whom the\nfuneral director deposits funds paid for funeral services in advance of\nneed pursuant to subdivision one of section four hundred fifty-three of\nthe general business law except that the funeral director may accept,\nfrom the financial institution, trust company or agent thereof, up to\ntwenty-five hundredths of one percent of the fee authorized under\nparagraph (b) of subdivision three of section four hundred fifty-three\nof the general business law for administrative services provided by the\nfuneral director, or has accepted any consideration (including without\nlimitation a commission or gift) from any insurer or agent thereof, to\nsell, offer or promote the sale of any policy of insurance payable,\nexpressly or as marketed, at the death of the insured for funeral or\nburial expenses;\n  (m) has been guilty of fraudulent, misleading or deceptive\nadvertising;\n  (n) has practiced funeral directing, undertaking or embalming, or has\nconducted business as a funeral firm, under a false name;\n  (o) has impersonated another licensee or another funeral firm of a\nlike or different name; or\n  (p) has failed to comply with requirements set forth in section four\nhundred fifty-three of the general business law, relating to moneys paid\nin connection with agreements for funeral merchandise in advance of need\nto be kept on deposit pending use or repayment except, that revocation\nand suspension shall apply only in the case where a funeral director or\nfuneral firm has committed repeated violations of these provisions or\nhas committed a violation of the provisions of section four hundred\nfifty-three of the general business law relating to failure to deposit\nor hold moneys on deposit; failure to return such moneys and interest\nthereon upon demand or upon the termination, cessation of operation or\ndiscontinuance of any funeral firm, or a successor in interest; or\nfailure to comply with the requirements of paragraph (b) of subdivision\nfive of section four hundred fifty-three of the general business law\nregarding compliance by transferors who receive such moneys.\n  2. The commissioner shall also have power, and after due notice and an\nopportunity to be heard, to revoke or suspend the endorsement of a\nfuneral director, undertaker or embalmer license issued to any person\npursuant to the provisions of this article or any previous law upon\nevidence that the duly constituted authorities of any state or political\nsubdivision of the United States have lawfully revoked or suspended the\nfuneral director, undertaker or embalmer license issued to such person\nby such state or political subdivision.\n  3. The action of the commissioner in revoking or suspending such\nlicense or certificate of registration of such funeral firm shall be\nreviewable by the supreme court of the state of New York pursuant to the\nprovisions of article seventy-eight of the civil practice law and rules.\n  4. (a) A person convicted of a felony shall forfeit his license to\npractice as a funeral director, undertaker, or embalmer, and upon\npresentation to the department of a certified copy of a court record\nshowing that he has been convicted of a felony, that fact shall be noted\non the record of license, and the license shall be revoked, and the\nregistration shall be cancelled.\n  (b) If such conviction be subsequently reversed on appeal and the\naccused acquitted or discharged, his license shall become again\noperative from the date of such acquittal or discharge.\n  (c) The conviction of a felony aforementioned shall include the\nconviction of a felony by any court in this state or by any court of the\nUnited States or by any court of any other state of the United States;\nprovided, however, that if a crime of which the licensee is convicted by\nany court of the United States or by any court of any other state is a\nfelony in the jurisdiction in which the conviction is had but is not a\nfelony in the state of New York, then the conviction shall not be deemed\na conviction of a felony for the purposes of this article. In the event\nthat a crime of which the licensee is convicted by any court of the\nUnited States or by any court of any other state is not a felony in the\njurisdiction in which the conviction is had but is a felony in the state\nof New York, then the conviction shall be deemed a conviction of a\nfelony for the purposes of this article.\n
N.Y. PBH Law § 3515 — New York Code / Act PBH / Article 35 / Title 4 / Section 3515
Construction; rights of licensed radiologic technologists and exemptions from this article
Status: in_force

§ 3515. Construction; rights of licensed radiologic technologists and\nexemptions from this article. 1. Nothing in the provisions of this\narticle relating to radiologic technologists shall be construed to\nlimit, enlarge or affect, in any respect, the practice of their\nrespective professions by duly licensed practitioners.\n  1-a. (a) A radiographer who also is a specialist's assistant, as such\nterm is defined in section thirty-seven hundred of this chapter,\nregistered for the medical specialty of radiology, shall not: (i) render\nany diagnostic interpretation of any image produced by any x-ray or\nimaging procedure; (ii) make any diagnosis; (iii) prescribe or order any\ndrug or drug product for which a prescription is required by any law or\nregulation; or (iv) order, prescribe, issue or initiate a treatment\nplan, a care management program or any other therapy to or for a patient\nunless such plan, program or other therapy has been prescribed or\nordered by the supervising physician of the specialist's assistant.\n  (b) Paragraph (a) of this subdivision shall be inapplicable to\nspecialist's assistants registered pursuant to law on the effective date\nof this subdivision; but such specialist's assistants shall continue to\nbe subject to all of the provisions of section sixty-five hundred thirty\nof the education law.\n  2. Nothing in this article shall be construed to limit the authority\nof any person to administer or inject contrast media under any other law\nor under any rule or regulation of the commissioner, the department, the\ndepartment of education or the board of regents.\n  3. Nothing in title eight of the education law shall be construed or\napplied to limit the authority of a person licensed or certified under\nthis article to exercise the authority conferred by such license or\ncertification under this article.\n  4. This article shall not be construed as applying to:\n  (a) a student enrolled in or attending a school or college of\nmedicine, osteopathy, dentistry, podiatry, chiropractic, or radiologic\ntechnology who applies radiation to a human being, while under the\ndirect supervision of a licensed physician, dentist, podiatrist,\nchiropractor, or radiologic technologist respectively;\n  (b) a person engaged in performing the duties of a radiologic\ntechnologist as defined pursuant to this article in his or her\nemployment by an agency, bureau or division of the government of the\nUnited States;\n  (c) a person acting as a certified dental assistant or uncertified\ndental assistant who, under the supervision of a licensed dentist,\noperates only such radiographic dental equipment as may be prescribed by\nthe commissioner in rules and regulations for the sole purpose of dental\nradiography;\n  (d) a person acting as a certified podiatric assistant or uncertified\npodiatric assistant who, under the supervision of a licensed podiatrist,\noperates radiographic podiatry equipment as may be prescribed by the\ncommissioner in rules and regulations for the sole purpose of podiatric\nradiography; or\n  (e) a person issued a license as a chest radiographer prior to\nnineteen hundred seventy-two may use x-rays or x-ray producing equipment\non human beings only as prescribed by the commissioner in rules and\nregulations.\n
N.Y. PBA Law § 576 — New York Code / Act PBA / Article 3 / Title 4 / Section 576
Definitions
Status: in_force

§ 576. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nfive hundred seventy-seven of this chapter;\n  2. The term "supervisors" shall mean the Jefferson county board of\nsupervisors;\n  3. The term "bridge complex" shall mean all bridges which, together\nwith their approaches and connecting roads, form a crossing from one\nparticular area in the United States across the St. Lawrence river to a\nparticular area in Canada, and shall include such approaches and roads\nas well as all buildings, facilities and other improvements which are\nnecessary or incidental to the operation and maintenance of such\nbridges, approaches and roads or which serve the traffic over such\nbridges;\n  4. The term "bonds" shall mean bonds issued by the authority pursuant\nto this title;\n  5. The term "board" shall mean the members of the authority;\n  6. The term "treasurer" shall mean the treasurer of the authority;\n  7. The term "county" shall mean the county of Jefferson;\n  8. The term "state" shall mean the state of New York;\n  9. The term "comptroller" shall mean the comptroller of the state;\n  10. The term "revenues" shall mean all moneys received by or due to\nthe authority from tolls, rentals, user fees, charges or other payments\nderived from the operation of the properties or facilities of the\nauthority, as well as interest earned on deposits or securities, and\nother income of the authority, from whatever source it may emanate, but\nshall not include gifts, grants, or the principal of any loan, or the\nproceeds of any bond issue;\n  11. The term "political subdivision" shall mean any city, town, front,\nvillage, riding, municipality, water district, fire district, fire\nprotection district, school district, improvement district, commission,\nbureau, division, agency, instrumentality, public corporation, public\nbenefit corporation, board or department of the governmental body\nindicated, whether the same be in the United States or in Canada;\n  12. The term "real property" shall mean lands, structures,\nimprovements to land, franchises and interests in land, waters, lands\nunder water, riparian rights, space rights, air rights, and any and all\nother things and rights usually included within said term and includes\nnot only fees simple and absolute but also any and all lesser interests,\nincluding but not limited to appurtenances thereto, easements, rights of\nway, uses, leases, leaseholds, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise, and also claims for damage to real property;\n  13. The term "properties" shall mean all the real property of the\nauthority and all tangible and intangible personal property thereof of\nevery kind, including but not limited to vehicles, equipment, plants,\nworks, franchises, and contract rights;\n  14. The term "facilities" shall mean any of the properties of the\nauthority or any other real property or personal property controlled or\noperated by the authority which is used or intended to be used in the\nfurtherance of any of its corporate purposes;\n  15. The term "indebtedness" shall mean any obligation for the payment\nof a fixed or determinable amount of money, enforceable by an action at\nlaw, including but not limited to bonds, bond anticipation notes, notes,\ncontractual obligations, rentals owed as lessee, and other financial\nliabilities.\n
N.Y. EXC Law § 530 — New York Code / Act EXC / Article 19-G / Title 4 / Section 530
Reimbursement for detention
Status: in_force

§ 530. Reimbursement for detention.  1. Definitions. As used in this\nsection, the term "municipality" shall mean a county, or a city having a\npopulation of one million or more.\n  2. Expenditures made by municipalities in providing care, maintenance\nand supervision to youth in detention facilities designated pursuant to\nsection 305.2 of the family court act and certified by office of\nchildren and family services, shall be subject to reimbursement by the\nstate, as follows:\n  (a) Notwithstanding any provision of law to the contrary, eligible\nexpenditures by a municipality during a particular program year for the\ncare, maintenance and supervision in secure and non-secure detention\nfacilities certified by the office in accordance with section five\nhundred three of this article for those youth alleged to be juvenile\ndelinquents; adjudicated juvenile delinquents held pending transfer to a\nfacility upon placement, and juvenile delinquents held at the request of\nthe office of children and family services pending extension of\nplacement hearings or release revocation hearings or while awaiting\ndisposition of such hearings; and youth alleged to be or convicted as\njuvenile offenders, youthful offenders and adolescent offenders and\nprior to January first, two thousand twenty, youth alleged to be persons\nin need of supervision or adjudicated persons in need of supervision\nheld pending transfer to a facility upon placement in foster care\nprograms certified by the office of children and family services,\ncertified or approved foster boarding homes and non-secure detention\nfacilities certified by the office, shall be subject to state\nreimbursement for up to fifty percent of the municipality's\nexpenditures, exclusive of any federal funds made available for such\npurposes, not to exceed the municipality's distribution from funds that\nhave been appropriated specifically therefor for that program year.\nMunicipalities shall implement the use of detention risk assessment\ninstruments in a manner prescribed by the office so as to inform\ndetention decisions. Notwithstanding any other provision of state law to\nthe contrary, data necessary for completion of a detention risk\nassessment instrument may be shared among law enforcement, probation,\ncourts, detention administrators, detention providers, and the attorney\nfor the child upon retention or appointment; solely for the purpose of\naccurate completion of such risk assessment instrument, and a copy of\nthe completed detention risk assessment instrument shall be made\navailable to the applicable detention provider, the attorney for the\nchild and the court.\n  (b) The state funds appropriated for juvenile detention services shall\nbe distributed to eligible municipalities by the office of children and\nfamily services based on a plan developed by the office which may\nconsider historical information regarding the number of youth remanded\nto detention, the municipality's reduction in the use of detention, the\nmunicipality's youth population, and other factors as determined by the\noffice. Such plan developed by the office shall be subject to the\napproval of the director of the budget. The office is authorized, in its\ndiscretion, to make advance distributions to a municipality in\nanticipation of state reimbursement.\n  (c) A municipality may also use the funds distributed to it for\njuvenile detention services under this section for a particular program\nyear for sixty-two percent of a municipality's eligible expenditures for\nsupervision and treatment services for juveniles programs approved under\nsection five hundred twenty-nine-b of this title for services that were\nnot reimbursed from a municipality's distribution under such program\nprovided to at-risk, alleged or adjudicated juvenile delinquents or\npersons alleged or adjudicated to be in need of supervision, or alleged\nto be or convicted as juvenile offenders in community-based\nnon-residential settings. Any claims submitted by a municipality for\nreimbursement for detention services or supervision and treatment\nservices for juveniles provided during a particular program year for\nwhich the municipality does not receive state reimbursement from the\nmunicipality's distribution of detention services funds for that program\nyear may not be claimed against the municipality's distribution of funds\navailable under this section for the next applicable program year. The\noffice may require that such claims be submitted to the office\nelectronically at such times and in the manner and format required by\nthe office.\n  (d) (i) Notwithstanding any provision of law or regulation to the\ncontrary, any information or data necessary for the development,\nvalidation or revalidation of the detention risk assessment instrument\nshall be shared among local probation departments, the office of\nprobation and correctional alternatives and, where authorized by the\ndivision of criminal justice services, the entity under contract with\nthe division to provide information technology services related to youth\nassessment and screening, the office of children and family services,\nand any entity under contract with the office of children and family\nservices to provide services relating to the development, validation or\nrevalidation of the detention risk assessment instrument. Any such\ninformation and data shall not be commingled with any criminal history\ndatabase. Any information and data used and shared pursuant to this\nsection shall only be used and shared for the purposes of this section\nand in accordance with this section. Such information shall be shared\nand received in a manner that protects the confidentiality of such\ninformation. The sharing, use, disclosure and redisclosure of such\ninformation to any person, office, or other entity not specifically\nauthorized to receive it pursuant to this section or any other law is\nprohibited.\n  (ii) The office of children and family services shall consult with\nindividuals with professional research experience and expertise in\ncriminal justice; social work; juvenile justice; and applied\nmathematics, psychometrics and/or statistics to assist the office in\ndetermining the method it will use to: develop, validate and revalidate\nsuch detention risk assessment instrument; and analyze the effectiveness\nof the use of such detention risk assessment instrument in accomplishing\nits intended goals; and analyze, to the greatest extent possible any\ndisparate impact on detention outcomes for juveniles based on race, sex,\nnational origin, economic status and any other constitutionally\nprotected class, regarding the use of such instrument. The office shall\nconsult with such individuals regarding whether it is appropriate to\nattempt to analyze whether there is any such disparate impact based on\nsexual orientation and, if so, the best methods to conduct such\nanalysis. The office shall take into consideration any recommendations\ngiven by such individuals involving improvements that could be made to\nsuch instrument and process.\n  (iii) Data collected for the purposes of completing the detention risk\nassessment instrument from any source other than an officially\ndocumented record shall be confirmed as soon as practicable. Should any\ndata originally utilized in completing the risk assessment instrument be\nfound to conflict with the officially documented record, the risk\nassessment instrument shall be completed with the officially documented\ndata and any corresponding revision to the risk categorization shall be\nmade. The office shall periodically revalidate any approved risk\nassessment instrument. The office shall conspicuously post any approved\ndetention risk assessment instrument on its website and shall confer\nwith appropriate stakeholders, including but not limited to, attorneys\nfor children, presentment agencies, probation, and the family court,\nprior to revising any validated risk assessment instrument. Any such\nrevised risk assessment instrument shall be subject to periodic\nempirical validation.\n  3. Wherever detention services are not provided directly or indirectly\nby a municipality, the municipality shall act as the intermediary\nbetween the office of children and family services and the agency\nlawfully providing such services, for the purpose of claiming and\nreceiving reimbursement, furnishing financial information and obtaining\napproval for reserved accommodations pursuant to this section.\n  4. (a) The municipality must notify the office of children and family\nservices of state aid received under other state aid formulas by each\ndetention facility for which the municipality is seeking reimbursement\npursuant to this section, including but not limited to, aid for\neducation, probation and mental health services.\n  (b) In computing reimbursement to the municipality pursuant to this\nsection, the office shall insure that the aggregate of state aid under\nall state aid formulas shall not exceed fifty percent of the cost of\ncare, maintenance and supervision provided to detainees eligible for\nstate reimbursement under subdivision two of this section, exclusive of\nfederal aid for such purposes not to exceed the amount of the\nmunicipality's distribution under the juvenile detention services\nprogram.\n  (c) Reimbursement for administrative related expenditures as defined\nby the office of children and family services, for secure and nonsecure\ndetention services shall not exceed seventeen percent of the total\napproved expenditures for facilities of twenty-five beds or more and\nshall not exceed twenty-one percent of the total approved expenditures\nfor facilities with less than twenty-five beds.\n  5. (a) Except as provided in paragraph (b) of this subdivision, care,\nmaintenance and supervision for the purpose of this section shall mean\nand include only:\n  (1) temporary care, maintenance and supervision provided to alleged\njuvenile delinquents in detention facilities certified pursuant to\nsection 305.2 of the family court act by the office of children and\nfamily services, pending adjudication of alleged delinquency by the\nfamily court, or pending transfer to institutions to which committed or\nplaced by such court or while awaiting disposition by such court after\nadjudication or held pursuant to a securing order of a criminal court if\nthe person named therein as principal is under seventeen years of age;\nor\n  (1-a) commencing on October first, two thousand nineteen, temporary\ncare, maintenance, and supervision provided to alleged juvenile\ndelinquents in detention facilities certified by the office of children\nand family services, pending adjudication of alleged delinquency by the\nfamily court, or pending transfer to institutions to which committed or\nplaced by such court or while awaiting disposition by such court after\nadjudication or held pursuant to a securing order of a criminal court if\nthe person named therein as principal is under twenty-one; or\n  (2) temporary care, maintenance and supervision provided juvenile\ndelinquents in approved detention facilities at the request of the\noffice of children and family services pending release revocation\nhearings or while awaiting disposition after such hearings; or\n  (3) temporary care, maintenance and supervision in approved detention\nfacilities for youth held pursuant to the family court act or the\ninterstate compact on juveniles, pending return to their place of\nresidence or domicile; or\n  (4) prior to January first, two thousand twenty temporary care,\nmaintenance and supervision provided youth detained in foster care\nfacilities or certified or approved family boarding homes pursuant to\narticle seven of the family court act.\n  (b) Payments made for reserved accommodations, whether or not in full\ntime use, approved and certified by the office of children and family\nservices and certified pursuant to section 305.2 of the family court\nact, in order to assure that adequate accommodations will be available\nfor the immediate reception and proper care therein of youth for which\ndetention costs are reimbursable pursuant to paragraph (a) of this\nsubdivision, shall be reimbursed as expenditures for care, maintenance\nand supervision under the provisions of this section, provided the\noffice shall have given its prior approval for reserving such\naccommodations.\n  6. The office of children and family services may adopt, amend, or\nrescind all rules and regulations, subject to the approval of the\ndirector of the budget and certification to the chairmen of the senate\nfinance and assembly ways and means committees, necessary to carry out\nthe provisions of this section.\n  7. The agency administering detention for each county and the city of\nNew York shall submit to the office of children and family services, at\nsuch times and in such form and manner and containing such information\nas required by the office of children and family services, an annual\nreport on youth remanded pursuant to article three or seven of the\nfamily court act who are detained during each calendar year including,\ncommencing January first, two thousand twelve, the risk level of each\ndetained youth as assessed by a detention risk assessment instrument\napproved by the office of children and family services provided,\nhowever, that the report due January first, two thousand twenty-one and\nthereafter shall not be required to contain any information on youth who\nare subject to article seven of the family court act. The office may\nrequire that such data on detention use be submitted to the office\nelectronically. Such report shall include, but not be limited to, the\nreason for the court's determination in accordance with section 320.5 or\nseven hundred thirty-nine of the family court act to detain the youth;\nthe offense or offenses with which the youth is charged; and all other\nreasons why the youth remains detained. The office shall submit a\ncompilation of all the separate reports to the governor and the\nlegislature.\n  8. Notwithstanding any law to the contrary, on or after January first,\ntwo thousand twenty, the state shall not reimburse for the cost of the\ndetention of any person in need of supervision under article seven of\nthe family court act.\n
N.Y. VAT Law § 404 — New York Code / Act VAT / Title 4 / Article 14 / Section 404
Issuance of special number plates
Status: in_force

§ 404. Issuance of special number plates. 1. The commissioner may\nissue special number plates to applicants therefor in the same manner as\nother number plates are issued pursuant to this article. Such special\nnumber plates shall be issued only upon payment of an annual service\ncharge of thirty-one dollars and twenty-five cents in addition to the\nregular fee prescribed by section four hundred one of this article.\nApplication for special number plates shall be made in accordance with\nregulations promulgated by the commissioner with respect to issuance of\nsuch number plates. Provided, however, in lieu of the annual fee\nspecified herein, the commissioner may establish specific categories of\nplates for which an annual fee of not less than eighteen dollars and\nseventy-five cents nor more than thirty-one dollars and twenty-five\ncents may be charged subject to the approval of the director of the\ndivision of the budget.  Notwithstanding any inconsistent provision of\nthis section, the difference collected between the special plates fee or\nservice charge set forth in this subdivision in effect on and after\nSeptember first, two thousand nine and the special plates fee or service\ncharge set forth in this subdivision in effect prior to such date shall\nbe deposited to the credit of the dedicated highway and bridge trust\nfund.\n  1-a. The commissioner may issue special number plates to applicants\nwho are members of veterans organizations in the same manner as other\nnumber plates are issued pursuant to this article. Such special number\nplates shall be issued only upon (a) payment of a one-time service\ncharge of ten dollars in addition to the regular registration fee\nprescribed by section four hundred one of this article, and (b)\nsubmission of proof, satisfactory to the commissioner, that the\napplicant is presently a member of the veterans organization for which\nsuch plate is requested. Such membership shall be verified annually by\nthe applicant. Application for such plates shall be made in accordance\nwith regulations promulgated by the commissioner with respect to the\nissuance of such plates. Provided, however, that nothing contained\nherein shall be deemed to supersede the provisions of section four\nhundred four-d, four hundred four-e, four hundred four-h, four hundred\nfour-i, four hundred four-j, four hundred four-k, four hundred four-p,\nfour hundred four-aa, or four hundred four-dd of this article.\n  2. For purposes of this section, a special number plate shall be a\nplate which contains not more than eight letters, numerals or any\ncombination thereof and which is reserved by the commissioner for\nissuance in accordance with the provisions of this section, or a plate\nreserved for issuance in a series for vehicles owned by public officers,\nphysicians, visiting nurses, accredited representatives of the press or\nother groups. In issuing special number plates the commissioner shall\ngive those applicants who held a special number plate at the time of the\nenactment of this section the right to retain such special number plate\nupon the payment of the annual service charge of thirty-one dollars and\ntwenty-five cents. Provided, however, that such right of retention shall\napply only to the first renewal of the registration of such special\nnumber plate following the enactment of this section. Notwithstanding\nany inconsistent provision of this section, the difference collected\nbetween the annual service charge set forth in this subdivision in\neffect on and after September first, two thousand nine and the annual\nservice charge set forth in this subdivision in effect prior to such\ndate shall be deposited to the credit of the dedicated highway and\nbridge trust fund.\n  3. This section shall not apply to any plates in a series reserved in\nthe public interest for purposes of facilitating identification of state\nand municipal vehicles and those owned by members of international\ngovernmental organizations or any other vehicles which are exempt from\nthe payment of registration fees, nor to plates or series of plates\nassigned by the commissioner for issuance by county clerks.\n  4. Nothing contained in this section shall be construed to require the\ncommissioner to issue a special number plate or plates.\n
N.Y. PBA Law § 3234 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3234
Administration of the corporation
Status: in_force

§ 3234. Administration of the corporation. 1. (a) The corporation\nshall be administered by seven directors, one of whom shall be the\ncomptroller, one of whom shall be the director of the budget and five of\nwhom shall be appointed by the governor. The comptroller and the\ndirector of the budget shall be entitled to designate a representative\nor representatives to attend meetings of the board in their place, and\nto vote or otherwise act on their behalf in their absence. Notice of\nsuch designation shall be furnished in writing to the board by the\ndesignating director. A representative shall serve at the pleasure of\nthe designating director during the director's term of office. A\nrepresentative shall not be authorized to delegate any of his or her\nduties or functions to any other person. A director who is not a state\nofficial shall serve for a term expiring at the end of the term actually\nserved by the officer making the appointment and may be removed for\ncause by such officer after hearing on ten days notice.\n  (b) The secretary to the senate finance committee and the secretary to\nthe assembly ways and means committee shall be nonvoting representatives\nwho shall receive notice of and be entitled to attend all meetings of\nthe directors and who shall also receive the same supporting and other\ndocumentation related to each vote to be taken by the directors at each\nmeeting as is provided to the directors, at the same time as it is\nprovided to the directors. The comments of the nonvoting representatives\nshall be entered upon the record of the meeting.\n  2. The governor shall designate a chairperson and a vice-chairperson\nfrom among the directors. The chairperson shall preside over all\nmeetings of the directors and shall have such other duties as the\ndirectors or the corporation may direct. The vice-chairperson shall\npreside over all meetings of the directors in the absence of the\nchairperson and shall have such other duties as the directors of the\ncorporation may prescribe.\n  3. The directors of the corporation shall serve without salary, but\neach director shall be reimbursed for actual necessary expenses incurred\nin the performance of such director's official duties as a director of\nthe corporation. The directors of the corporation may engage in private\nemployment or in a profession or business if not otherwise prohibited\nfrom so doing by virtue of any other public office.\n  4. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state of New York, any\ncity, county, town or village, any other political or civil division of\nthe state, any municipality, any governmental entity operating any\npublic school or college, any school district or any other public agency\nor instrumentality or unit of government which exercises governmental\npowers under the laws of the state, shall forfeit office or employment\nby reason of acceptance of appointment as a director, representative,\nofficer or agent of the corporation nor shall service as such director,\nrepresentative, officer or agent of the corporation be deemed\nincompatible or in conflict with such office or employment.\n  5. A majority of the whole number of directors then in office shall\nconstitute a quorum for the transaction of any business or the exercise\nof any power of the corporation. Except as otherwise specified in this\ntitle, for the transaction of any business or the exercise of any power\nof the corporation, the corporation shall have power to act by a\nmajority of the directors present at any meeting at which a quorum is in\nattendance; provided that one or more directors may participate in a\nmeeting by means of conference telephone or similar communications\nequipment allowing all directors participating in the meeting to hear\neach other at the same time and participation by such means shall\nconstitute presence in person at a meeting. A unanimous vote of all\ndirectors then in office shall be required for approval of a resolution\nauthorizing the issuance of bonds or notes or any supplemental or\namendatory resolution. The corporation may delegate to one or more of\nits directors, or officers, agents and employees, such powers and duties\nas the directors may deem proper. Five days notice shall be given to\neach director and nonvoting representative prior to any meeting of the\ncorporation.\n  6. On or before November fifteenth of each year, the corporation shall\nsubmit a financial statement and a report of its activities for such\ncorporation's immediately preceding fiscal year to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\ncomptroller, the chair of the senate finance committee and the chair of\nthe assembly ways and means committee.\n
N.Y. EDN Law § 3305 — New York Code / Act EDN / Title 4 / Article 66 / Section 3305
Placement and attendance
Status: in_force

§ 3305. Placement and attendance. 1. When the student transfers before\nor during the school year, the receiving state school shall initially\nhonor placement of the student in educational courses based on the\nstudent's enrollment in the sending state school and/or educational\nassessments conducted at the school in the sending state if the courses\nare offered and there is space available as determined by the local\neducational agency. Course placement includes but is not limited to\nhonors, international baccalaureate, advanced placement, vocational,\ntechnical and career pathways courses. Where the local educational\nagency contracts with a board of cooperative educational services to\ndeliver such courses, the local educational agency and the board of\ncooperative educational services shall arrange to enroll the student in\nthe applicable board of cooperative educational services program where\nthere is space available. Continuing the student's academic program from\nthe previous school and promoting placement in academically and career\nchallenging courses should be paramount when considering placement. This\ndoes not preclude the school in the receiving state from performing\nsubsequent evaluations to ensure appropriate placement and continued\nenrollment of the student in the courses.\n  2. The receiving state school shall initially honor placement of the\nstudent in educational programs based on current educational assessments\nconducted at the school in the sending state or participation/placement\nin like programs in the sending state, provided that the programs and/or\ncourses exist and there is space available, as determined by the local\neducational agency. Such programs include, but are not limited to,\ngifted and talented programs and English as a second language. Nothing\nin this subdivision shall preclude the school in the receiving state\nfrom performing subsequent evaluations to ensure appropriate placement\nof the student.\n  3. (a) In compliance with the federal requirements of the individuals\nwith disabilities education act, 20 U.S.C.A. section 1400 et seq, the\nreceiving state shall initially provide comparable services to a student\nwith disabilities based on his or her current individualized education\nprogram; and\n  (b) In compliance with the requirements of section 504 of the\nrehabilitation act, 29 U.S.C.A. section 794, and with title II of the\nAmericans with disabilities act, 42 U.S.C.A. sections 12131-12165, the\nreceiving state shall make reasonable accommodations and modifications\nto address the needs of incoming students with disabilities, subject to\nan existing 504 or title II plan, to provide the student with equal\naccess to education. This does not preclude the school in the receiving\nstate from performing subsequent evaluations to ensure appropriate\nplacement of the student.\n  4. Local educational agency administrative officials shall have\nflexibility in waiving course or program prerequisites, or other\npreconditions for placement in courses or programs offered under the\njurisdiction of the local educational agency.\n  5. A student whose parent or legal guardian is an active duty member\nof the uniformed services, as defined by the compact, and has been\ncalled to duty for, is on leave from, or immediately returned from\ndeployment to a combat zone or combat support posting, shall be granted\nadditional excused absences at the discretion of the local educational\nagency superintendent to visit with his or her parent or legal guardian\nrelative to such leave or deployment of the parent or guardian.\n
N.Y. EDN Law § 3012-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3012-A
Elementary tenure area
Status: in_force

§ 3012-a. Elementary tenure area.  Notwithstanding any other provision\nof law to the contrary, and except in cities having a population of one\nmillion or more, elementary tenure area shall mean kindergarten through\ngrade six for teachers employed in such grade levels after the effective\ndate of this section.  All teachers holding tenure as of the effective\ndate of this section in the kindergarten tenure area or grades one\nthrough six tenure area shall be deemed to hold tenure in the elementary\ntenure area as defined by this section.\n
N.Y. ELN Law § 8-404 — New York Code / Act ELN / Article 8 / Title 4 / Section 8-404
Absentee voting; hospitalized veterans, special provisions
Status: in_force

§ 8-404. Absentee voting; hospitalized veterans, special provisions.\n1. After entering upon the registration records, the application for\nregistration of a resident or patient of a veterans health\nadministration hospital as to whom the medical superintendent or medical\nhead of such hospital has attested that he or she expects that he or she\nwill not be discharged prior to the day following the next general or\nspecial village, primary, special, general or New York city community\nschool board district or city of Buffalo school district election, and\nthe application for registration by the spouse, parent or child of such\nresident or patient, accompanying or being with him or her, if a\nqualified voter and a resident of the same election district, the board\nof elections, without further investigation and without further\napplication by the applicant, shall send to him or her at such hospital\nan absentee ballot and shall record in the signature column on the back\nof his or her permanent personal registration poll record that such\nballot has been sent.\n  (a) Any voter who is duly registered and whose registration records\nare marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"\nneed not thereafter make application for an absentee ballot. Sixty days\nbefore each election, the board of elections shall compile and send a\nlist to each veterans health administration hospital of all residents\nand patients of veterans health administration hospitals who appear by\nthe records of such board to be "hospitalized veterans" entitled to\nreceive absentee ballots at each such hospital pursuant to the\nprovisions of this section. Each veterans health administration hospital\nshall no later than fifteen days following the receipt of such list,\nreturn it with notations made thereon showing whether the resident or\npatient continues to be confined therein or has been discharged\ntherefrom. Upon the receipt of such returned list from each veterans\nhealth administration hospital with the proper notations showing that a\n"hospitalized veteran" continues to be confined in such hospital, the\nboard of elections, by mail addressed to such "hospitalized veteran" at\nhis or her last known hospital address and by mail addressed to such\n"hospitalized veteran's relative" at his or her last known address shall\nsend an absentee ballot for the ensuing election to such "hospitalized\nveteran" and such "hospitalized veteran's relative" an absentee ballot\nin the same manner as provided in this section for a qualified voter\nentitled to an absentee ballot because of permanent disability. The\nboard shall record on the back of his or her registration poll record in\nthe space reserved for his or her signature at such election, the fact\nthat such ballot has been sent.\n  (b) If the returned list from a veterans' administration hospital\ncontains a notation showing that a "hospitalized veteran" is no longer a\nresident or patient at the veterans health administration hospital where\nhe or she is recorded as staying, or if such letter containing an\nabsentee voter's ballot for a "hospitalized veteran" or a "hospitalized\nveteran's relative" is returned by the post office as undeliverable, the\nboard of elections shall ascertain whether the "hospitalized veteran" or\n"hospitalized veteran's relative" is residing at the address given on\nhis or her registration records as his or her permanent address. If he\nor she is residing there, the board shall not send him or her any\nfurther absentee ballots unless he or she applies therefor in the\nregular way. If he or she is not residing at the place of residence\ngiven on his or her registration records but the board ascertains that\nhe or she has been transferred to another veterans health administration\nhospital, the board shall cause a central board of registration to make\nthe necessary changes of temporary address on his or her registration\nrecords and shall continue sending him or her absentee ballots at the\nveterans health administration hospital where he or she is staying. If\nhe or she is not residing at the place of residence given on his or her\nregistration records and the board cannot ascertain that he or she has\nbeen transferred to another veterans health administration hospital, the\nboard shall cancel his or her registration. Whenever a registration is\ncancelled pursuant to this paragraph notice shall be mailed to the\nveteran or his or her relative at his or her permanent residence address\nand last temporary address.\n  2. The board of elections shall furnish to each party county chairman\nin such county a list of the names and residence addresses of the\nhospitalized veterans and hospitalized veterans' relatives to whom\nabsentee ballots have been sent.\n  3. Such ballots shall be mailed, voted, returned, counted, and\ncanvassed as provided in this chapter for other absentee voters'\nballots.\n
N.Y. VAT Law § 429 — New York Code / Act VAT / Title 4 / Article 17 / Section 429
Junk and salvage vehicles
Status: in_force

§ 429. Junk and salvage vehicles. 1. Requirements upon acquisition of\njunk or salvage vehicles. (a) By an insurance company. Whenever an\ninsurance company acquires a motor vehicle in settlement of a claim for\ndamage thereto or theft thereof, such company shall deliver a statement\nconcerning such acquisition to the commissioner as provided in this\nsection. Such company shall deliver the certificate of title or any\nother ownership documents relating to such motor vehicle properly\nexecuted to transfer title from the insured to the company and notices\nof release of security interest from any lienholder whose lien has been\nsatisfied to the commissioner with the required statement of\nacquisition.\n  (b) By a vehicle dismantler. Whenever a person who is engaged in a\nbusiness requiring him to be registered as a vehicle dismantler or an\nitinerant vehicle collector acquires a motor vehicle which has been sold\nor otherwise disposed of as junk or for salvage, such person shall\ndeliver a statement concerning such acquisition to the commissioner as\nprovided in this section. Such person shall deliver the certificate of\ntitle or any other ownership documents relating to such motor vehicle\nproperly executed to transfer title by the transferor to the vehicle\ndismantler or itinerant vehicle collector and notices of release of\nsecurity interest from any lienholder whose lien has been satisfied to\nthe commissioner with the required statement of acquisition. However,\nthe provisions of this subdivision shall not apply to a vehicle which\nhas been transferred to a vehicle dismantler registered under section\nfour hundred fifteen-a of this chapter by means of a document issued\npursuant to this section. The commissioner may, by regulation, allow the\nrequirements of this subdivision with respect to the delivery of\ndocuments to be satisfied by an electronic filing of the necessary\ninformation by or on behalf of the person to whom such requirements\napply.\n  (c) By other persons. Whenever a person other than a person described\nin paragraph (a) or (b) of this subdivision acquires ownership of a\nmotor vehicle which has been sold or otherwise disposed of as junk or\nsalvage or which is to be dismantled for use other than as a motor\nvehicle, such person shall deliver a statement concerning such\nacquisition to the commissioner as provided in this section. Such person\nshall deliver the certificate of title and any other ownership documents\nrelating to such motor vehicle properly executed to transfer title by\nthe transferor to such person and notices of release of security\ninterest from any lienholder whose lien has been satisfied to the\ncommissioner with the required statement of acquisition. However, the\nprovisions of this subdivision shall not apply to a vehicle which has\nbeen transferred to any such person by means of a document issued\npursuant to this section or to a scrap processor by a person registered\nor certified pursuant to section four hundred fifteen-a of this chapter.\n  (d) A statement of acquisition and all documents required to be\nsubmitted to the commissioner pursuant to this section or regulations\npromulgated thereunder must be so submitted within the time specified by\nregulation of the commissioner. Any person who, knowingly and willfully,\nand with intent to defraud a subsequent purchaser as to the applicable\nstatus of a motor vehicle, makes any false statement on an application\nfor title or duplicate title for a motor vehicle pursuant to this\nsection or fails to submit the statement of acquisition and supporting\ndocumentation to the commissioner within the time specified by\nregulation shall be subject to a civil penalty of up to two thousand\ndollars for each offense found to have been committed. Such penalty may\nonly be imposed if such person has had the opportunity to be heard\nbefore an officer or employee of the department designated for such\npurpose by the commissioner, upon any charge of a violation of this\nparagraph or regulations promulgated by the commissioner with respect to\nthis paragraph.\n  1-a. Requirements for certain fleet vehicles. (a) Whenever a motor\nvehicle titled or registered by a fleet owner becomes a severely damaged\nfleet vehicle, prior to the transfer of such vehicle or any major\ncomponent part thereof, the fleet owner shall deliver a statement\nconcerning such occurrence to the commissioner as provided in this\nsection. Such fleet owner shall deliver the certificate of title in its\nname or any other ownership documents relating to such motor vehicle and\nnotices of release of security interest from any lienholder whose lien\nhas been satisfied to the commissioner with the required statement\nconcerning such occurrence. Such a statement shall be subject to all\nprovisions of law applicable to a statement of acquisition except as may\notherwise be specified by regulation of the commissioner.\n  (b) For the purposes of this section, a fleet owner shall mean a\nperson who has twenty-five or more vehicles titled or registered in his\nname in this state and who does not have such vehicles insured for\ndamage or theft by an insurance company duly authorized to transact\nbusiness in this state.\n  (c) For the purposes of this section, a severely damaged fleet vehicle\nshall mean a motor vehicle titled or registered in the name of a fleet\nowner in this state or in any other state or province of Canada which\nhas received damage and which has not been placed back in fleet use by\nthe fleet owner subsequent to receipt of such damage. However, it shall\nnot include a motor vehicle titled and registered in another state or a\nprovince of Canada if the damage was incurred outside of this state and\nthe vehicle is sold by the fleet owner outside of this state, or shall\ninclude a motor vehicle which has a fair market value after such damage\nof at least sixty percent of the fair market value of an undamaged\nsimilar model vehicle unless such motor vehicle requires the replacement\nof the engine in order to be made operable.\n  (d) If a severely damaged fleet vehicle is sold by a fleet owner in\nviolation of this section, the purchaser or any subsequent good faith\npurchaser, may rescind such sale and recover the price he paid to his\ntransferor for the vehicle from the fleet owner. Recovery of the\npurchase price may be enforced in a civil action to recover damages.\n  (e) The provisions of this subdivision shall not apply to any vehicle\ntitled or registered in the name of a public utility subject to the\nauthority of the public service commission for which such utility has\nobtained an exemption in accordance with the following provisions of\nthis subdivision. In order to obtain such exemption, the utility must\nforward to the commissioner a listing, including model year, make and\nvehicle identification number of any or all vehicles for which exemption\nis requested not more than sixty and not less than thirty days prior to\nthe date of proposed sale of such vehicle or vehicles. Such listing\nshall contain the date, time and place of such proposed sale. Any\nvehicle contained on such listing shall be exempt from the provisions of\nthis subdivision, but such exemption shall be applicable only with\nrespect to a sale of any such vehicle made upon the date contained on\nthe listing.\n  2. Transfer of junk and salvage vehicles. (a) When an insurance\ncompany, vehicle dismantler, fleet owner, or any other person submits a\nstatement of acquisition for a junk or salvage vehicle or a severely\ndamaged fleet vehicle, as provided in subdivision one or one-a of this\nsection, such insurance company, vehicle dismantler, or other person\nshall prepare and distribute a statement of acquisition in accordance\nwith regulations promulgated by the commissioner. A copy of such\nstatement of acquisition designated by the commissioner shall serve as\nproof of ownership for the vehicle and shall provide a method of\ntransfer of such a vehicle as a junk vehicle and may serve as an\napplication for title if the vehicle is subsequently rehabilitated or\nrepaired for the purpose of being operated upon the public highways.\n  (b) The provisions of section four hundred twenty-one of this chapter\nprohibiting the sale of a motor vehicle with a removed, altered or\ndefaced vehicle identification number plate shall not apply to the sale\nof any junk or salvage vehicle or any severely damaged fleet vehicle\nfrom an insurance company, a vehicle dismantler, a local authority,\nfleet owner or a dealer registered under section four hundred fifteen of\nthis chapter provided the proof of ownership for such vehicle consists\nof a valid statement of acquisition and such statement of acquisition\nwhich transfers ownership of such vehicle indicates that the vehicle\nidentification number plate is missing, altered or defaced.\n  (c) No person shall sell or advertise for sale or solicit a bid for\nthe purchase of a junk or salvage vehicle without notifying any\nprospective purchaser or bidder of the existence or non-existence of any\nsecurity interest with respect to such junk or salvage vehicle. If a\nsecurity interest exists with respect to such vehicle, the name or names\nand address or addresses of the secured party or parties must also be\nprovided to the prospective purchaser or bidder.\n  3. Items to be surrendered before intentional destruction of motor\nvehicles. A certified scrap processor or registered vehicle dismantler\nmay crush a motor vehicle still displaying a vehicle identification\nnumber plate. The crushing must be so complete that the vehicle\nidentification number plate cannot be readily removed. No other person\nshall cause or permit a motor vehicle to be scrapped, permanently\ndismantled or otherwise intentionally destroyed unless the vehicle\nidentification number plate of such motor vehicle has been removed\ntherefrom and either destroyed or delivered to the commissioner together\nwith all title or any other ownership documents pertaining to such motor\nvehicle as provided in this section. If the vehicle identification\nnumber plate is not delivered to the commissioner, a notice indicating\nthe disposition of such plate must accompany the ownership documents\nrequired to be submitted to the commissioner.\n  4. Forms and documents. Any forms or documents used in conjunction\nwith this section shall be in a form prescribed by the commissioner and\nshall set forth a complete description of the motor vehicle, the name\nand address of the person to whom such motor vehicle was sold or\ntransferred or from whom such motor vehicle was acquired together with\nany other information deemed necessary or desirable by the commissioner\nto effectuate the provisions and purposes of this section. Any such\nstatement, document or item required to be delivered to the commissioner\nby any provision of this section shall be deemed to have been so\ndelivered when it has been either personally delivered or sent by mail\nto the office of the commissioner at the address designated by him.\n  4-a. Fees for statement of acquisition. The statement of acquisition\nprovided for in this section shall be issued as prescribed by regulation\nof the commissioner upon payment of a fee of five dollars for each such\nstatement. Such fee shall be paid to the commissioner for deposit in the\ngeneral fund.\n  5. Motor vehicle subject to requirements. The provisions of this\nsection shall apply to all motor vehicles sold, surrendered or otherwise\ndisposed of, or acquired, or intentionally destroyed, within this state\nfor which a certificate of title has been issued by the commissioner or\nwhich would be eligible to have such a certificate of title issued.\n  6. Penalties. A violation of any provision of this section shall be a\nmisdemeanor.\n
N.Y. RPT Law § 578 — New York Code / Act RPT / Article 5 / Title 4 / Section 578
County assistance under cooperative agreements
Status: in_force

§ 578. County assistance under cooperative agreements. 1. The\nlegislative bodies of the counties and the governing boards of the\ncities, towns, villages and school districts or appropriate officers\nthereof authorized by such legislative body or governing board, as the\ncase may be, shall have power to enter into contracts with each other\nfor data processing and other mechanical assistance in the preparation\nof assessment rolls, tax rolls, tax bills and other assessment and\nproperty tax records and for supplies of field books, assessment rolls\nand other assessment and property tax forms.\n  2. (a) The legislative body of a county and the governing body of any\ncity, town, village or school district therein shall have the power to\nenter into contracts with each other for the collection of taxes by the\ncounty treasurer. Such an agreement may either authorize the county\ntreasurer to collect taxes jointly and concurrently with the tax\ncollecting officer of such city, town, village or school district, or\nmay delegate to the county treasurer the sole and exclusive authority to\ncollect taxes for such city, town, village or school district. Such an\nagreement shall be considered a municipal cooperation agreement for\npurposes of article five-G of the general municipal law and shall be\nsubject to all provisions thereof. Any such agreement shall be approved\nby both the city, town, village or school district and the county, by a\nmajority vote of the voting strength of each governing body.\n  (b) An agreement that authorizes the county treasurer to collect taxes\njointly and concurrently with the tax collecting officer of such city,\ntown, village or school district shall have no effect upon the tenure,\npowers or duties of the incumbent tax collecting officer, except that\nthe county treasurer shall also be considered a tax collecting officer\nof the city, town, village or school district, with all the powers and\nduties thereof. In no case shall such an agreement be construed to\nempower the tax collecting officer of a city, town, village or school\ndistrict to collect taxes that have been returned to the county\ntreasurer as unpaid.\n  (c) An agreement that delegates to the county treasurer the sole and\nexclusive authority to collect taxes for such city, town, village or\nschool district shall have the effect of making the county treasurer the\nsole tax collecting officer of such city, town, village or school\ndistrict, and of abolishing the separate office of tax collecting\nofficer in such city, town, village or school district, for as long as\nthe agreement shall be in effect. Provided, however, that if the office\nto be abolished is elective, the agreement shall be submitted for the\napproval of the electors of the contracting city, town or village in the\nmanner provided by section twenty-three of the municipal home rule law.\nProvided further, that such an agreement shall not take effect during\nthe term of an incumbent tax collecting officer, unless the office\nshould become vacant prior to the expiration of such term. Upon the\ntermination of such an agreement, the office of tax collecting officer\nshall be deemed reestablished as an appointive office of the city, town,\nvillage or school district, unless such office has been abolished or its\nfunctions transferred to another officer pursuant to law.\n
N.Y. RPT Law § 968 — New York Code / Act RPT / Article 9 / Title 4 / Section 968
Tax sale provisions
Status: in_force

§ 968. Tax sale provisions. 1. Notwithstanding the issuance of a\nconditional tax receipt as herein provided, the procedure provided by a\nlaw for the sale of tax liens or properties for non-payment of taxes\nshall in all cases remain unchanged as if the conditional tax receipt\nhad not been issued; provided, however, that such sale shall not be held\nbefore the expiration of one year from the date of the issuance of any\nconditional tax receipt, but must be held within three years from such\ndate, notwithstanding the provision of any general or special law or\ncharter provision to the contrary.\n  2. Prior to a sale, the loan corporation shall be required to exhibit\nto the municipal officer having jurisdiction over the sale of tax liens\nor properties, the conditional tax receipt showing payments made on the\nloan contract, if any, which payments shall be credited, as of the date\nof issuance of the conditional tax receipt against the amount of taxes\ndue against the property to be sold. The municipal corporation receiving\nthe proceeds of the tax sale shall, upon surrender of the conditional\ntax receipt, pay from such proceeds the amount due the loan corporation\non the loan contract in connection with which the conditional tax\nreceipt was issued.\n  3. Until payment from the proceeds of the sale has been made to the\nloan corporation, or a receipted tax bill has been issued in exchange\nfor the conditional tax receipt, the loan corporation shall have an\ninterest in and lien upon the tax lien or properties to the extent of\nthe unliquidated portion of its loan and the municipal corporation shall\nhold such interest and lien for the account of the loan corporation,\nsubject to the provisions of this title.\n
N.Y. PBA Law § 578 — New York Code / Act PBA / Article 3 / Title 4 / Section 578
Powers of the authority
Status: in_force

§ 578. Powers of the authority. The authority shall have power and is\nhereby authorized:\n  1. To sue and be sued in courts of general jurisdiction, whether\nfederal, state, or foreign, including but not limited to the supreme\ncourt of the state of New York;\n  2. To have a seal and alter the same as its pleasure;\n  3. To acquire real property or rights or easements therein by\ncondemnation, pursuant to the condemnation law, and to acquire,\npurchase, hold, dispose of and use any real or personal property or any\ninterest therein necessary, convenient or desirable to carry out any\npurpose described in this title and to sell, at public or private sale,\nconvey, transfer, assign and dispose of any property or interest therein\nat any time required by it in the exercise of its powers or when it may\ndetermine it no longer needs the same for its corporate purposes, upon\nsuch terms and for such consideration, if any, as it shall deem fit;\n  4. To lease, as lessor or as lessee, any real or personal property or\nany interest therein for any purposes consistent with any purposes\ndescribed in this title or with the appropriate use of the authority's\nfacilities or with the convenience of the public using such facilities,\nupon such terms and for such consideration, if any, as it shall deem\nfit, provided, however, that no lease shall be made for a term of more\nthan ten years, including all renewal options, without the prior express\nand formal approval and consent of the supervisors;\n  5. To make by-laws for the management and regulation of its affairs,\nand to establish and change a fiscal year for its operations and\nfinancial reporting purposes;\n  6. To determine as matters of policy what courses of action are in the\nbest interests of any bridge complex or other authorized purpose and to\npursue the same;\n  7. To appoint and remove such officers, agents and employees as it may\nrequire for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation and to retain or employ\nand discharge counsel, auditors, engineers, architects and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice. To establish a practicable merit\nsystem for the appointment and promotion of its employees. Neither the\nauthority nor any of its officers, employees, or agents shall be subject\nto the provisions of the civil service law nor be under the jurisdiction\nor subject to the rules of any civil service commission;\n  8. To use the agents, employees, facilities and equipment of the\ncounty or of any town or political subdivision within the county or of\nany board, agency or department thereof, to the extent agreement\ntherefor may be reached with the appropriate governing body, and to pay\nsuch county, town or political subdivision its agreed proportion of the\ncompensation or costs;\n  9. To make contracts and agreements and to execute all instruments\nnecessary or convenient;\n  10. To construct, maintain, repair and operate the following bridges\nand approaches thereto and roads:\n  One or more bridges across the easterly or American channel of the\nSaint Lawrence river at a point at or near Collins landing in the town\nof Orleans, in Jefferson county, New York, from the mainland to\nWellesley or Wells island.\n  One or more bridges across the westerly or Canadian channel of the\nSaint Lawrence river at a point at or near Ivy Lea in the county of\nLeeds, in the province of Ontario, from the mainland to Hill island.\n  One or more bridges across the International rift from a point on such\nWellesley or Wells island to such Hill island.\n  One or more roads on such Wellesley or Wells island connecting any\nbridge across the American channel with any bridge across the\nInternational rift.\n  One or more roads on such Hill island connecting any bridge across the\nCanadian channel with any bridge across the International rift.\n  The approach roads connecting any of such bridges and tunnels with the\nstate highway system in New York and with the nearest highway in the\nprovince of Ontario.\n  Any road connecting any of its facilities with any other or with any\nstate, county or town road, or any public highway, or any road providing\naccess for vehicles or pedestrians from one part of its real property to\nanother;\n  11. To construct and maintain over, under, along or across the bridges\nand roads hereby authorized, telephone, telegraph or electric wires and\ncables, gas mains, water mains, and other mechanical equipment not\ninconsistent with the appropriate use of the bridges and roads or such\nother facilities. To contract for such construction and maintenance and\nto lease the right to construct, maintain and/or use the same on such\nterms and for such consideration as it shall determine, provided,\nhowever, that no lease shall be made for a term of more than ten years,\nincluding all renewal option, without the prior express and formal\napproval and consent of the supervisors;\n  12. To construct and maintain such buildings, structures,\nimprovements, roads, parking and other facilities as may be necessary or\nconvenient, to contract for such construction and maintenance and to\nlease the right to construct, maintain and/or use such facilities on\nsuch terms and for such considerations as it shall determine, provided,\nhowever, that no lease shall be made for a term of more than ten years,\nincluding all renewal options, without the prior express and formal\napproval and consent of the supervisors;\n  13. To fix, charge and collect tolls for traffic across its bridges,\nsubject to any approval thereof or limitations or regulatory\nrestrictions thereto as required, fixed, or imposed by federal law of\neither the United States of America or Canada, which shall in the\nopinion of the authority be adequate to provide complete operation and\nmaintenance of all its facilities and programs, repay any indebtedness\nof the authority as scheduled and agreed, establish and fund reserves\nfor the repair, improvement or replacement of any or all of its\nfacilities or the construction of any new facility which it may be\nauthorized to construct under this title, or which shall accomplish as\nmany of the foregoing purposes as may be practicable, and at a level\nwhich shall not jeopardize or be unreasonably competitive with any other\nsimilar toll charging facilities within a radius of fifty miles of\nCollins Landing, New York;\n  14. To construct, maintain, repair and operate within the county one\nor more facilities for the performance or display of any medium of the\narts, including but not limited to concerts, plays, exhibitions, and any\nactivity which could reasonably contribute to the cultural improvement\nof the communities in the area of its influence;\n  15. To construct, maintain, repair and operate within the county one\nor more facilities for conventions, meetings, sporting events of all\nkinds, museums, any activity which could reasonably contribute to the\nattraction of tourists and recreational development and industrial and\ncommercial developments;\n  16. To cooperate with the Watertown airport commission, the city of\nWatertown, the county and any other agency or agencies to assist in the\nimprovement, enlargement, development, operation and promotion of the\nWatertown international airport as an essential transportation facility\nfor the county and the adjacent territory, and to agree with said city\nand county for the acquisition by the authority of such airport and to\noperate and manage such airport;\n  17. To cooperate with the county and the municipalities therein\nbordering on the Saint Lawrence river and on Lake Ontario and to assist\nin the study, development, operation and promotion of suitable port and\ndocking facilities on said river and lake within or bordering the county\nand the improvement of water-borne transportation, and to construct,\noperate and manage such port and docking facilities as it may determine\nto be in the public interest;\n  18. To make studies and surveys of the needs of the county for the\ndevelopment and improvement of its transportation facilities, whether by\nland, air or water and to report the results thereof and its\nrecommendations to the supervisors;\n  19. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n  20. To fix and collect any payments, fees and other charges for the\nuse of any facility under its control other than bridges;\n  21. To borrow money and issue its negotiable bonds and notes or other\nobligations for any of its corporate purposes and to provide for and\nsecure the payment thereof and to provide for the rights of the holders\nthereof, subject to any limitations or conditions imposed thereon as\nelsewhere in this title provided;\n  22. To put into effect and maintain fiduciary bonds on its members and\non any employee or agent who handles or controls money or assets of the\nauthority which could be embezzled or stolen, in such amounts as the\nauthority may deem reasonable or as requested by the county;\n  23. To put into effect and maintain insurance coverage protecting the\nauthority and its individual members from liability for errors and\nomissions or from any act other than a willful violation of law which\nconstitutes a crime;\n  24. To make payments to any domestic or foreign subdivision of\ngovernment in which any of its facilities are situated, whether in lieu\nof taxes or otherwise, in such amounts and at such times as the\nauthority may in its sole discretion determine, provided, however, that\nif the authority is at the time of reference operating both in the\ncounty and in the province of Ontario it shall endeavor in good faith to\nmake any such payments to Canadian political subdivisions or\nmunicipalities and those to the county or subdivisions or municipalities\nof such county in proportion to its income generated in such different\njurisdictions, as nearly as practicable, after taking into account any\ntaxes which are required to be paid and any services or facilities which\nare required to be or are supplied for less than full payment;\n  25. To engage in such advertising and promotion of the bridges, bridge\ncomplex, and of the areas adjacent thereto and within a radius of fifty\nmiles thereof, and of such of its other authorized purposes, as it in\nits sole discretion shall determine. Such promotion shall be deemed to\ninclude but not be limited to the promotion of tourism in the county and\nthe southern portion of the province of Ontario, Canada, including the\nFront of Leeds and Lansdowne;\n  26. To cooperate and participate in or to initiate any public\npromotions, parades, special events, area promotions, historical\npageants, and the like held within fifty miles of Collins Landing, New\nYork;\n  27. To invest any funds held in reserve or sinking funds, or any\nmoneys not required for immediate use or disbursement, at the discretion\nof the authority in (a) obligations of the state or the United States\ngovernment, or any political subdivision, agency and instrumentality of\neither; (b) obligations of the province of Ontario or of the federal\ngovernment of Canada, or any political subdivision or agency and\ninstrumentality of either, (c) obligations the principal and interest of\nwhich are guaranteed by the state or the United States government, or by\nthe province of Ontario or the federal government of Canada, (d)\ncertificates of deposit of banks or trust companies in this state or in\nthe province of Ontario secured, if the authority shall so require, by\nobligations described in (a), (b), or (c) above or other marketable\nsecurities eligible as security for the deposit of trust funds under\nregulations of the Board of Governors of the Federal Reserve System with\na market value equal at all times to the amount on deposit;\n  28. To combine any two or more of its purposes or facilities into a\nsingle project for financing purposes;\n  29. To use revenues, income or funds from any source to create,\nconstruct, reconstruct, support, operate, repair and maintain any one or\nmore of its other purposes or facilities;\n  30. To make rules and regulations governing the use by the public of\nthe bridges, the bridge complex, and any facility owned or operated by\nit;\n  31. To establish a code of ethics and rules regarding conflict of\ninterest for the members of its board and its employees and agents;\n  32. To accept public or private gifts or grants of funds or property;\n  33. To engage in any activity permitted by law which in its judgment\nwould be convenient for the public using any of its facilities;\n  34. To enter into agreements with the government of the Dominion of\nCanada or the province of Ontario, or any political subdivision of\neither, for the construction and operation in Canada of any of the\nbridges and facilities authorized hereunder and for the application of\nrevenues collected by the authority for the use of the bridges and\nfacilities operated by it in Canada;\n  35. To do in the province of Ontario anything it is authorized or\npermitted to do in the state of New York and which is permitted by the\nlaws of such foreign jurisdiction;\n  36. To exercise any of its powers alone or in conjunction with any\npolitical subdivision;\n  37. To do all things necessary or convenient to carry out the powers\nenumerated above and to effectuate their general intent and purpose. The\nforegoing specification of powers shall not be construed as in any way\nlimiting or denying the usual implied powers, it being the intent that\nthe authority shall have full power to manage its affairs generally with\nthe same freedom from the restrictions which apply to municipalities as\ndo boards of directors of privately owned corporations.\n  38. Notwithstanding any of the foregoing, the authority shall not\ninitially enter into any general activity category authorized in\nsubdivisions fourteen through seventeen of this section, including but\nnot limited to the construction or operation of any performing arts\ncenter, cultural improvement project, convention hall, sports arena,\nmuseum, industrial or commercial development project, airport, port,\nmarina or docking facility, until and unless it has been formally\nrequested to do so by the supervisors by resolution duly adopted.\n
N.Y. PBA Law § 584 — New York Code / Act PBA / Article 3 / Title 4 / Section 584
Bonds as legal investments
Status: in_force

§ 584. Bonds as legal investments. The bonds are hereby made\nsecurities in which all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings institutions\nand associations, including savings and loan associations, building and\nloan associations, investment companies and other persons carrying on a\nbanking business, all administrators, guardians, executors, trustees and\nother fiduciaries in the state and all other persons whatsoever who are\nnow or may hereafter be authorized to invest in bonds or other\nobligations of the state, may properly and legally invest funds,\nincluding capital in their control or belonging to them. The bonds are\nalso hereby made securities which may be deposited with and shall be\nreceived by all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions for any purpose for which the\ndeposit of bonds or other obligations of this state is now or may\nhereafter be authorized. Notwithstanding any other provision of law, the\nnotes of the authority are hereby made securities in which the county\nmay properly and legally invest funds, including capital in its control\nor belonging to it, when approved by the supervisors.\n
N.Y. RPT Law § 1562 — New York Code / Act RPT / Article 15-A / Title 4 / Section 1562
Local governments to which article applies
Status: in_force

§ 1562. Local governments to which article applies.  a. This article\nshall apply to all counties except counties wholly within a city and all\ncities and towns in the state except (1) a city with a population of\nfive million or more, (2) a city or town in a county having the power to\nassess property for purposes of taxation.\n  b. Notwithstanding the provisions of this section, any provisions of\nthis act with respect to state assistance for the preparation and\nupdating of tax maps shall be applicable to any city with a population\nof five million or more.\n
N.Y. PBA Law § 881 — New York Code / Act PBA / Article 4 / Title 4 / Section 881
Bonds of the authority
Status: in_force

§ 881. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue negotiable bonds in\nconformity with applicable provisions of the uniform commercial code,\nfor any corporate purpose of the authority. The authority shall have\npower from time to time to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other corporate purpose. Except as may be otherwise expressly\nprovided by contract between the authority and the holders of its bonds,\nall bonds of the authority shall be general obligations payable out of\nany moneys or revenues of the authority, subject only to any agreements\nwith the holders of particular bonds the payment of which is secured by\na pledge of particular moneys or revenues.\n  2. Such bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, not exceeding four per centum per annum payable annually or\nsemi-annually, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in lawful money of the United States of America at\nsuch place or places, and be subject to such terms of redemption prior\nto maturity, at par or a price not exceeding one hundred three per\ncentum of the face value, as such resolution or resolutions may provide.\nAll bonds shall be sold at public sale upon sealed bids, after public\nnotice, to the bidder who shall offer the lowest interest cost to the\nauthority to be determined by the board; provided that bonds may be sold\nat private sale, without notice, to the United States of America or to\nthe state of New York or to any sinking fund or pension fund of the\nstate of New York or any municipality thereof. The notice of sale shall\nbe published at least once, not less than ten nor more than forty days\nbefore the date of sale, in a financial newspaper published and\ncirculated in the city of New York and designated by the board. The\nnotice shall call for the receipt of sealed bids and shall fix the date,\ntime and place of sale. Bonds shall be sold for a price not less than\nninety-eight per centum of the par value thereof, plus accrued interest,\nprovided always that the interest cost to maturity of the money received\nfor any issue of such bonds shall not exceed four per centum per annum.\n  3. Any resolution or resolutions authorizing the issuance of any bonds\nmay contain provisions, which shall be a part of the contract with the\nholders of the bonds thereby authorized, as to:\n  (a) Pledging all or any part of the gross or net revenues of the\nauthority to secure the payment of the bonds, subject to such agreements\nwith bond holders as may then exist;\n  (b) The rentals, fees and other charges to be charged for the use of\nmarket facilities, and the amounts to be raised in each year thereby,\nand the use and disposition of revenues of the authority;\n  (c) The setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (d) Limitations on the right of the authority to restrict and regulate\nthe use of market facilities;\n  (e) Limitations on the purpose to which the proceeds of the sale of\nany issue of bonds then or thereafter to be issued may be applied;\n  (f) Limitations on the issuance of additional bonds, including the\nterms upon which additional bonds may be issued and secured;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must give consent thereto, and the manner in which such consent\nmay be given; and\n  (h) Any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. Any pledge of revenues or other moneys made by the authority shall\nbe valid and binding from the time when the pledge is made. The revenues\nor other moneys so pledged and thereafter received by the authority\nshall be immediately subject to the lien of such pledge without any\nphysical delivery thereof or further act. The lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof. Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability by reason of the issuance thereof, excepting solely\nfor things willfully done or willfully omitted to be done with an intent\nto defraud.\n  6. The authority shall have power out of any funds available therefor\nto purchase any of its outstanding bonds at a price not more than the\nprincipal amount thereof and accrued interest. All bonds so purchased\nshall be cancelled.\n
N.Y. PBA Law § 3233 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3233
New York local government assistance corporation
Status: in_force

§ 3233. New York local government assistance corporation. 1. There is\nhereby created the New York local government assistance corporation.\nThe corporation shall be a corporate governmental agency constituting a\npublic benefit corporation. It shall have the powers and privileges of a\ncorporation and all of its business shall be transacted, all funds\ninvested, all warrants for money drawn and payments made, and all cash\nand securities and other personal property held under its corporate\nname.\n  2. The corporation shall continue until six months after all its\nliabilities have been met or otherwise discharged. Upon the termination\nof the existence of the corporation, all of its rights and property\nshall pass to and be vested in the state.\n
N.Y. LFN Law § 57.00 — New York Code / Act LFN / Article 2 / Title 4 / Section 57.00
Sale of bonds
Status: in_force

§ 57.00 Sale of bonds. a. Bonds shall be sold only at public sale and\nin accordance with the procedure set forth in this section and sections\n58.00 and 59.00 of this title, except as otherwise provided in this\nparagraph. Bonds may be sold at private sale to the United States\ngovernment or any agency or instrumentality thereof, the state of New\nYork municipal bond bank agency, to any sinking fund or pension fund of\nthe municipality, school district or district corporation selling such\nbonds, or, in the case of sales by the city of New York prior to July\nfirst, two thousand twenty-seven, also to the municipal assistance\ncorporation for the city of New York or to any other purchaser with the\nconsent of the mayor and the comptroller of such city and approval of\nthe state comptroller, or, in the case of sales by the county of Nassau\nprior to December thirty-first, two thousand seven, also to the Nassau\ncounty interim finance authority with the approval of the state\ncomptroller, or, in the case of sales by the city of Buffalo prior to\nJune thirtieth, two thousand thirty-seven, also to the Buffalo fiscal\nstability authority with the approval of the state comptroller, or, in\nthe case of bonds or other obligations of a municipality issued for the\nconstruction of any sewage treatment works, sewage collecting system,\nstorm water collecting system, water management facility, air pollution\ncontrol facility or solid waste disposal facility, also to the New York\nstate environmental facilities corporation, or, in the case of bonds or\nother obligations of a school district or a city acting on behalf of a\ncity school district in a city having a population in excess of one\nhundred twenty-five thousand but less than one million inhabitants\naccording to the latest federal census, issued to finance or refinance\nthe cost of school district capital facilities or school district\ncapital equipment, as defined in section sixteen hundred seventy-six of\nthe public authorities law, also to the dormitory authority of the state\nof New York. Bonds of a river improvement or drainage district\nestablished by or under the supervision of the department of\nenvironmental conservation may be sold at private sale to the state of\nNew York as investments for any funds of the state which by law may be\ninvested, provided, however, that the rate of interest on any such bonds\nso sold shall be approved by the water power and control commission and\nthe state comptroller. Bonds may also be sold at private sale as\nprovided in section 63.00 of this title. No bonds shall be sold on\noption or on a deferred payment plan, except that options to purchase,\neffective for a period not exceeding one year, may be given:\n  1. in any case to the state of New York municipal bond bank agency\nwith respect to any bonds or bond anticipation notes; and\n  2. in the case of a municipality to the New York state environmental\nfacilities corporation with respect to bonds or other obligations issued\nfor the construction of any sewage treatment works, sewage collecting\nsystem, storm water collecting system, water management facility, air\npollution control facility or solid waste disposal facility, or, in the\ncase of bonds or other obligations of a school district or a city acting\non behalf of a city school district in a city having a population in\nexcess of one hundred twenty-five thousand but less than one million\ninhabitants according to the latest federal census, issued to finance or\nrefinance the cost of school district capital facilities or school\ndistrict capital equipment, as defined in section sixteen hundred\nseventy-six of the public authorities law, also to the dormitory\nauthority of the state of New York. A loan commitment may also be\nentered into by and between a municipality, and the state of New York\nmunicipal bond bank agency, by and between a school district or a city\nacting on behalf of a city school district in a city having a population\nin excess of one hundred twenty-five thousand but less than one million\ninhabitants according to the latest federal census and the dormitory\nauthority of the state of New York, and by and between a municipality\nand the New York state environmental facilities corporation, such\ncommitment to be fulfilled by the purchase of the bonds or other\nobligations referred to therein by such agency or such corporation, as\nthe case may be. As used in this paragraph, the term "sinking fund"\nmeans a fund required by law to be established and maintained for the\npurpose of amortizing indebtedness evidenced by sinking fund bonds\nissued pursuant to the provisions of this chapter or issued by any\nmunicipality, school district or district corporation under any other\nlaw.\n  b. Bonds shall be sold without limitation as to rate of interest and\nfor a sum not less than the par value of, and the accrued interest on,\nsuch obligations except as authorized by this chapter, and may also be\nsold by municipalities at private sale to the state of New York\nmunicipal bond bank agency and to the New York state environmental\nfacilities corporation, and in addition by the city of New York to the\nmunicipal assistance corporation for the city of New York, and by the\ncounty of Nassau to the Nassau county interim finance authority, and by\nthe city of Buffalo to the Buffalo fiscal stability authority, at such\nrate or rates of interest as may be agreed upon by and between the\nissuing municipality and either of such agency or corporation, as the\ncase may be. When sold at public sale, the rate of interest shall be\ndetermined in the manner provided in section 59.00 of this title.\nHowever, the agency or corporation prescribing the terms, form and\ncontents of such bonds, subject to the foregoing provisions of this\nparagraph, may fix a maximum rate of interest at which such bonds shall\nbe sold.\n  c. Bonds for one or more specific objects or purposes or classes of\nobjects or purposes, or a combination thereof, may be sold as a single\nbond issue.\n  d. The state comptroller shall adopt a rule or order which he may\namend from time to time:\n  1. Designating a financial newspaper or newspaper published and\ncirculated in the city of New York in which notices for the sale of\nbonds may be published;\n  2. Prescribing the procedure for the circularization of notices for\nthe sale of bonds;\n  3. Prescribing such other requirements as he may deem necessary\nrelating to the publication or circularization of notices for the sale\nof bonds, in addition to but not inconsistent with the provisions of\nthis chapter;\n  4. Prescribing such data and information as he may deem advisable to\nbe contained in notices for the sale of bonds, in addition to but not\ninconsistent with the provisions of this chapter; and\n  5. Prescribing the requirements for the alternative and permissive\npublication or circularization of notices for the sale of bonds of an\nissue not exceeding five million dollars, as permitted in section 63.00\nof this chapter.\n  Such rule or order and the amendments thereof shall be filed in his\noffice and in such other offices as he may designate.\n  e. Notwithstanding the limitations set forth in paragraph b of this\nsection, a municipality, school district, or district corporation may\nprovide for the public sale of its bonds at a price of less than the\nface value of such bonds at maturity; provided that no issue of bonds\nshall be sold at a price such that the difference between the sale price\nof such bonds, not including accrued interest, and the face value of\nsuch bonds at maturity, shall exceed five percent of the face value of\nsuch issue of bonds at maturity unless the municipality, school district\nor district corporation issuing such bonds has determined to issue them\npursuant to a substantially level or declining annual debt service\nschedule or unless interest is contributed at least annually to a\nsinking fund in accordance with section two of article VIII of the\nconstitution and the procedures of section 22.10 of this article. The\ncost of such original issue discount, together with other costs of the\nissuance of obligations, shall be deemed a part of the cost of the\nobject or purpose for which such obligations are issued.\n  * f. To facilitate the marketing of any issue of bonds issued pursuant\nto paragraph e of this section, such municipality, school district or\ndistrict corporation may, notwithstanding any limitations on private\nsales of bonds provided by law, and subject to rules promulgated by the\nstate comptroller governing such sales: (A) arrange for the underwriting\nof such bonds at private sale through negotiated agreement, compensation\nfor such underwriting to be provided by negotiated fee or by sale of\nsuch bonds to an underwriter at a price of less than the sum of face\nvalue at maturity of, and the accrued interest on, such obligations; or\n(B) arrange for private sale of such bonds through negotiated agreement,\ncompensation for such sale to be provided by negotiated arrangement, if\nrequired. The cost of such underwriting or private placement shall be\ndeemed a preliminary cost for purposes of section 11.00 of this chapter.\n  * NB Repealed July 15, 2027\n
N.Y. PBA Law § 1475-U — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-U
Severability
Status: in_force

§ 1475-u. Severability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid and after exhaustion of all further judicial\nreview, the judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, section or part of this title directly involved in\nthe controversy in which the judgment shall have been rendered.\n
N.Y. RSS Law § 323 — New York Code / Act RSS / Article 8 / Title 4 / Section 323
Employers' contributions and their use; pension accumulation fund
Status: in_force

§ 323. Employers' contributions and their use; pension accumulation\nfund. a. Except as otherwise provided pursuant to this article, the\npension accumulation fund shall be the fund in which shall be\naccumulated:\n  1. All contributions made by employers, and\n  2. All income received from the investments of the police and fire\nretirement system, and\n  3. All monies received from all other sources and which are not\nrequired to be credited to any other fund.\n  b. Each employer shall make three contributions annually. They shall\nbe known as the normal contribution, the deficiency contribution, and\nthe administration contribution. The rates thereof shall be computed by\nthe actuary.\n  1. Normal contribution. The rate of such contribution shall be applied\nto the members' annual compensation earned during the previous fiscal\nyear.  Such rate shall be a uniform and constant rate per centum of\nannual compensation. When applied to the compensation of the average new\nentrant during the remaining period of his or her membership, such rate\nshall be computed to be sufficient to provide all the benefits, other\nthan those on account of prior service, granted by this article and\nwhich are payable from funds contributed to the pension accumulation\nfund.\n  Such rate shall be computed each year by means of an actuarial\nvaluation as prescribed in section three hundred eleven of this article\nand as authorized by section three hundred twenty-three-a of this title.\n  2. Deficiency contribution.\n  (a) In the case of employers who were participating in the state\nemployees' retirement system on March thirty-first, nineteen hundred\nsixty-seven, the rate of such contribution shall continue to be the rate\ndetermined for such participating employer pursuant to law. Such rate\nmay be varied, however, if an adjustment is necessitated by reason of\nthe allowance of additional prior service credits.\n  (b) In the case of an employer who elects to participate in the police\nand fire retirement system on or after April first, nineteen hundred\nsixty-seven and before March thirty-first, nineteen hundred ninety-nine,\nan initial actuarial valuation shall be made to determine the accrued\nliability of such employer by reason of the prior service of those of\nits employees who are members of the retirement system. The rate of\ndeficiency contribution for such employer shall then be determined. Such\nrate shall be that proportion of the total annual compensation of such\nemployees as is equivalent to four per centum of such accrued liability.\nSuch rate shall be applied to the employer's payroll of members, as used\nin the annual valuation. The cost of making such initial valuation shall\nbe assessed against and paid by such employer.\n  Notwithstanding the above, for employers who commence participation in\nthe retirement system on or after April first, nineteen hundred\nninety-nine, the accrued liability shall be amortized in equal annual\ninstallments over a twenty-five year period. With respect to such\nemployers the cost of making such initial valuation shall be assessed\nagainst and paid by the employer. The provisions of subdivisions c, d\nand e of this section shall not apply to employers who commence\nparticipation in the retirement system on or after April first, nineteen\nhundred ninety-nine.\n  (c) The amount of each annual deficiency contribution payable by every\nemployer shall be at least three per centum greater than the amount for\nthe preceding year.\n  (d) The comptroller shall approve the discontinuance of the state's\ndeficiency contribution on account of members employed by it when:\n  (1) The total amount in the pension accumulation fund on account of\nall members, and\n  (2) The present value of future deficiency contributions still to be\npaid by other employers, and\n  (3) The present value of future normal contributions, on the basis of\nthe rate of normal contribution then in effect, shall equal the then\npresent value of the total liability of such fund on the basis of the\ntables then in use.\n  (e) Unless previously discontinued, or unless hereafter discontinued\npursuant to other provisions of law, the deficiency contribution of a\nparticipating employer shall be discontinued when the total amount of\ndeficiency contributions paid by such employer at least equals or shall\nhereafter equal such percentum of its initial accrued liability computed\nby the actuary as shall equal that percentum of the state's initial\naccrued liability paid by deficiency contributions during the period\nequal to the period last determined by the actuary as the deficiency\npayment period. Nothing herein contained shall be deemed to give any\nparticipating employer any valid claim or cause of action for refund or\ncredit for any sum or sums paid or to be paid for fiscal years prior to\nand including the fiscal year ending March thirty-first, nineteen\nhundred sixty-six nor to excuse any participating employer from the\npayment of any contributions for such fiscal years.\n  3. Administration contribution.\n  (a) The expenses of the retirement system, including an amount\nallocated to amortize over a period of thirty years, with interest, the\ncost of construction of the retirement system building, and the cost of\nmaintenance of such building, for each fiscal year shall be determined\nat the close of each such year. The ratio of such expenses to the total\ncompensation of all members, as used in the actuarial valuation, shall\nbe the rate of such administration contribution. Such rate shall be\napplied to each employer's payroll of members, as used in the annual\nvaluation.\n  (b) All such expenses shall be paid out of the pension accumulation\nfund which shall be reimbursed through administration contributions and\nother monies received from employers pursuant to this article.\n  (c) Notwithstanding any other provision of this subdivision or any\nother law, the administrative contribution for a year, as determined\npursuant to paragraph one of subdivision b of this section, shall be\npaid from the pension accumulation fund if payment from such fund will\nnot affect the normal contribution for such year.\n  c. Additional contributions shall be made in accordance therewith by\nemployers obligated to contribute to the retirement system pursuant to\nany other section of this article.\n  d. When a pension or a pension-providing-for-increased-take-home-pay,\nif any, becomes payable to or on account of any member, a reserve, in an\namount computed by the actuary to be necessary to provide the pension or\npension-providing-for-increased-take-home-pay, if any, granted in each\nsuch case, shall be transferred from the pension accumulation fund to\nthe pension reserve fund.\n  e. Whenever the comptroller, upon recommendation by the actuary, shall\ndetermine that it is necessary to increase the reserves held in the\nannuity reserve fund or the pension reserve fund, he may direct that the\namount so needed shall be transferred thereto from the pension\naccumulation fund.\n  f. The amount of regular interest which is to be credited to the\nannuity savings fund, the annuity reserve fund and the pension reserve\nfund, and the amount of special interest, if any, which shall be\ncredited to the annuity savings accounts in the annuity savings fund,\nshall be determined after the close of each fiscal year. Each such\namount thereupon shall be transferred from the pension accumulation fund\nto each such fund.\n
N.Y. PBH Law § 1162 — New York Code / Act PBH / Article 11 / Title 4 / Section 1162
Financial assistance; criteria and standards; regulations
Status: in_force

§ 1162. Financial assistance; criteria and standards; regulations. 1.\nThe corporation is authorized to promulgate regulations, developed in\nconsultation with the commissioner and the director of the division of\nthe budget, for the purpose of carrying out its responsibilities under\nthis title, including establishing criteria and standards for\ndetermining the amount and kind of financial assistance to a recipient\nfor an eligible project. To the extent financial assistance to a\nrecipient for an eligible project is provided from the proceeds of bonds\nor notes of the corporation, the amount of an allocation applicable to\nthe portion of such eligible project financed with such financial\nassistance shall be determined by the corporation in accordance with\nsuch regulations, if any.\n  2. The department is authorized to promulgate regulations, developed\nin consultation with the director of the division of the budget and the\ncorporation, for the purpose of carrying out its responsibilities under\nthis title.\n
N.Y. PBH Law § 455 — New York Code / Act PBH / Article 4 / Title 4 / Section 455
Hospitals; special police officers; powers and duties
Status: in_force

§ 455. Hospitals; special police officers; powers and duties. 1. The\ndirector of each hospital in the department may designate attendants or\nother employees to act as special police officers whose duty it shall be\nunder the orders of the director to protect the grounds, buildings and\npatients of the hospital and to eject therefrom disorderly persons. Such\nattendants and employees, acting as special police officers, shall\npossess all the powers of peace officers, as set forth in section 2.20\nof the criminal procedure law, on the grounds and premises.\n  2. The designation of such attendants and employees as special police\nofficers in pursuance hereof, shall not be deemed to supersede, on the\ngrounds and premises of such hospital, the authority of peace or police\nofficers of the jurisdiction within which such hospital is located.\n
N.Y. EDN Law § 3308 — New York Code / Act EDN / Title 4 / Article 66 / Section 3308
State coordination
Status: in_force

§ 3308. State coordination.  1. Each member state shall, through the\ncreation of a state council or use of an existing body or board, provide\nfor the coordination among its agencies of government, local educational\nagencies and military installations concerning the state's participation\nin, and compliance with, this compact and interstate commission\nactivities. In New York, the state council shall include the\ncommissioner or his or her designee, the commissioner of the New York\nstate department of veterans' services or his or her designee, the\nadjutant general of the state of New York or his or her designee, a\nsuperintendent of a school district with a high concentration of\nmilitary children appointed by the commissioner, a district\nsuperintendent of schools of a board of cooperative educational services\nserving an area with a high concentration of military children appointed\nby the commissioner, a representative from a military installation\nappointed by the governor, a representative of military families\nappointed by the governor, a public member appointed by the governor and\none representative each appointed by the speaker of the assembly, the\ntemporary president of the senate and the governor.\n  2. The state council of each member state shall appoint or designate a\nmilitary family education liaison to assist military families and the\nstate in facilitating the implementation of this compact.\n  3. The compact commissioner responsible for the administration and\nmanagement of the state's participation in the compact shall be\nappointed by the governor or as otherwise determined by each member\nstate.\n  4. The compact commissioner and the military family education liaison\ndesignated herein shall be ex-officio members of the state council,\nunless either is already a full voting member of the state council.\n
N.Y. RPT Law § 1174 — New York Code / Act RPT / Article 11 / Title 4 / Section 1174
Title of the state not affected
Status: in_force

§ 1174. Title of the state not affected. Notwithstanding any other\nprovision of this article or of section thirteen hundred thirteen of the\nreal property actions and proceedings law, real property of the state\nshall not be sold in any proceeding for the foreclosure of a tax lien\npursuant to this article, nor shall any judgment in any such proceeding\nor any conveyance made pursuant to any such judgment be valid or\neffectual to bar or foreclose the state with respect to, or to divest\nthe state of, any estate held by the state in or to any real property\ninvolved in any such proceeding.\n
N.Y. SOS Law § 409-A — New York Code / Act SOS / Article 6 / Title 4 / Section 409-A
Preventive services; provision by social services officials
Status: in_force

§ 409-a. Preventive services; provision by social services officials.\n1.  (a) A social services official shall provide preventive services to\na child and his or her family, in accordance with the family's service\nplan as required by section four hundred nine-e of this chapter and the\nsocial services district's child welfare services plan submitted and\napproved pursuant to section four hundred nine-d of this chapter, upon a\nfinding by such official that (i) the child will be placed, returned to\nor continued in foster care unless such services are provided and that\nit is reasonable to believe that by providing such services the child\nwill be able to remain with or be returned to his or her family, and for\na former foster care youth under the age of twenty-one who was\npreviously placed in the care and custody or custody and guardianship of\nthe local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges where it is\nreasonable to believe that by providing such services the former foster\ncare youth will avoid a return to foster care or * (ii) the child is the\nsubject of a petition under article seven of the family court act or by\nthe probation service, to be at risk of being the subject of such a\npetition, and the social services official determines that the child is\nat risk of placement into foster care or\n  * NB Effective until June 30, 2027\n* (ii) the child is the subject of a petition under article seven of the\nfamily court act, or has been determined by the assessment service\nestablished pursuant to section two hundred forty-three-a of the\nexecutive law, or by the probation service where no such assessment\nservice has been designated, to be at risk of being the subject of such\na petition, and the social services official determines according to\nstandards promulgated pursuant to section three hundred ninety-eight-b\nof this chapter that the child is at risk of placement into foster care.\nSuch finding shall be entered in the child's uniform case record\nestablished and maintained pursuant to section four hundred nine-f of\nthis chapter. The commissioner shall promulgate regulations to assist\nsocial services officials in making determinations of eligibility for\nmandated preventive services pursuant to clause (ii) of this paragraph.\n  * NB Effective June 30, 2027\n(iii) the child is under the age of twelve, the child does not fall\nunder the definition of a juvenile delinquent pursuant to subparagraph\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\ncourt act and but for their age, their behavior would bring them within\nthe jurisdiction of the family court pursuant to article three of the\nfamily court act, and the social services official determines that the\nchild is at risk of placement into foster care. Such finding shall be\nentered in the child's uniform case record established and maintained\npursuant to section four hundred nine-f of this article. The\ncommissioner shall promulgate regulations to assist social services\nofficials in making determinations of eligibility for mandated\npreventive services pursuant to this subparagraph.\n  (b) When a child and his family have received preventive services for\na period of six months pursuant to this subdivision, the social services\nofficial shall continue to provide such services only upon making a new\nfinding that the child will be placed or continued in foster care unless\nsuch services are provided and that it is reasonable to believe that by\nproviding such services, the child will be able to remain with or be\nreturned to his family. Such new finding shall be entered in the child's\nuniform case record established and maintained pursuant to section four\nhundred nine-f of this chapter.\n  2. A social services official is authorized to provide preventive\nservices to a child and his family to accomplish the purposes set forth\nin section four hundred nine of this chapter, when such services are not\nrequired to be provided pursuant to subdivision one of this section.\n  3. * (a) A social services official is authorized to provide community\npreventive services to communities likely to benefit from such services\nto accomplish the purposes set forth in section four hundred nine of\nthis chapter. Social services officials may apply to the office of\nchildren and family services for waiver of eligibility and\nadministrative requirements for preventive services to be provided\npursuant to this subdivision. Such application shall include a plan\nsetting forth the services to be provided, the persons or community that\nwill receive the services and the estimated cost of such services. Upon\napproval of the application by the office of children and family\nservices, eligibility requirements established in statute or regulation\nmay be waived for those persons and communities identified in the plan\nas recipients of the services set forth in the plan. Where services are\nadministered pursuant to a plan approved by the office of children and\nfamily services, the office of children and family services may waive\nthe requirements of section four hundred nine-f or four hundred\nforty-two of this article.\n  * NB Effective until June 30, 2027\n  * (a) A social services official is authorized to provide community\npreventive services to communities likely to benefit from such services\nto accomplish the purposes set forth in section four hundred nine of\nthis chapter. Social services officials may apply to the department for\nwaiver of eligibility and administrative requirements for preventive\nservices to be provided pursuant to this subdivision. Such application\nshall include a plan setting forth the services to be provided, the\npersons or community that will receive the services and the estimated\ncost of such services. Upon approval of the application by the\ndepartment, eligibility requirements established in statute or\nregulation may be waived for those persons and communities identified in\nthe plan as recipients of the services set forth in the plan. Where\nservices are administered pursuant to a plan approved by the department,\nthe department may waive the requirements of sections one hundred\nfifty-three-d and three hundred ninety-eight-b of this chapter\npertaining to denial or reimbursement. Where such a waiver is approved,\nthe department approval must specify standards whereby services provided\nwill be subject to denial of reimbursement. Where services are\nadministered pursuant to a plan approved by the department, the\ndepartment may waive the requirements of section four hundred nine-f or\nfour hundred forty-two of this article.\n  * NB Effective June 30, 2027\n  (b) The department must inform social services districts of procedures\ngoverning application for waivers of eligibility and administrative\nrequirements and approval of waivers of eligibility and administrative\nrequirements. Where such waivers are granted, the department shall have\nthe authority to establish alternative standards to be followed by\nsocial services officials who are granted waivers by the department.\nUpon approval of an application for such waivers, the department\napproval must specify the requirements being waived and any alternative\nstandards established.\n  (c) Community preventive services may be provided pursuant to this\nsubdivision through demonstration projects to the extent the department\nmakes funds available for such projects.\n  (d) The department shall develop an evaluation plan no later than\nApril first, nineteen hundred eighty-eight, for community service\ndemonstration projects and, subject to the approval of the director of\nthe budget, may use up to five percent of the amount annually\nappropriated for project grants to conduct such evaluation which shall\ninclude but need not be limited to: an assessment of the effectiveness\nof various service delivery models in creating or enhancing linkages\namong school, housing, health, and income support services available in\nthe community; the effectiveness of various preventive services in\naverting family disruption; the cost effectiveness of providing\ncommunity focused preventive services; the impact of this service\nprovision on requirements for more intensive mandated preventive\nservices; and, the feasibility of replicating successful service models\nin other communities throughout the state.\n  4. Preventive services may be provided directly by the social services\nofficial or through purchase of service, in accordance with regulations\nof the department.\n  5. (a) Regulations of the department, promulgated pursuant to and not\ninconsistent with this section, shall contain program standards\nincluding, but not limited to: specification of services to be\nclassified as preventive services; appropriate circumstances and\nconditions for the provision of particular services; appropriate\nproviders and recipients of such services; and time limits, as may be\nappropriate, for the provision of particular services. The department\nshall, subject to the approval of the director of the budget, establish\nreimbursement or charge limitations for particular services or groups of\nservices to be provided. The department shall also promulgate\nregulations to prevent social services districts from overutilizing\nparticular forms or types of preventive services and to encourage\ndistricts to provide balanced preventive services programs based on the\nidentified needs of children and families residing in such districts.\n  (b) The program standards promulgated pursuant to this subdivision\nshall be developed with the participation of the child welfare standards\nadvisory council established pursuant to section four hundred nine-h of\nthis chapter and in consultation with public and voluntary authorized\nagencies, citizens' groups and concerned individuals and organizations,\nincluding the state council on children and families.\n  (c) Notwithstanding any other provision of this section, where a\nsocial services official determines that a lack of adequate housing is\nthe primary factor preventing the discharge of a child or children from\nfoster care including, but not limited to, children with the goal of\ndischarge to independent living, preventive services shall include, in\naddition to any other payments or benefits received by the family,\nspecial cash grants in the form of rent subsidies, including rent\narrears, or any other assistance, sufficient to obtain adequate housing.\nSuch rent subsidies or assistance shall not exceed the sum of seven\nhundred twenty-five dollars per month, shall not be provided for a\nperiod of more than three years, and shall be considered a special\ngrant. Nothing in this paragraph shall be construed to limit the ability\nof those using such rent subsidy to live with roommates. The provisions\nof this paragraph shall not be construed to limit such official's\nauthority to provide other preventive services.\n  (e) (i) A social services official is authorized to establish and\noperate, or contract for the establishment and operation of, intensive,\nhomebased, family preservation programs.\n  (ii) Notwithstanding any other provision of law, reimbursement for\nintensive, homebased family preservation services shall be limited to\nthose programs that reduce or avoid the need for foster care of children\nwho are in imminent danger of placement. Such programs shall employ\ncaseworkers trained in family preservation techniques and who provide at\nleast half of their direct services in the client's residence or\ntemporary home, work with no more than four families at any given time,\nprovide direct therapeutic services for up to thirty days which may be\nextended up to an additional thirty days per family and are available\ntwenty-four hours a day. No program described herein shall receive\nreimbursement unless such program agrees to collect and provide to the\ndepartment information necessary to evaluate and assess the degree to\nwhich such program results in lower costs to the state and to social\nservices districts than those of foster care placement. Such information\nshall be compiled in a manner that permits comparisons between families\nserved by such programs and those families who meet eligibility criteria\nbut who were not able to be served within available resources.\n  (f) Notwithstanding any other provision of law, where a social\nservices official authorizes the provision of respite care, such care\nshall mean the temporary care and supervision of a child to relieve\nparents or other persons legally responsible for the care of such child\nwhere immediate relief is needed to maintain or restore family\nfunctioning.\n  6. In accordance with regulations of the department, where the child's\nfamily is able to pay all or part of the cost of such services, payments\nof such fees as may be reasonable or other third party reimbursement as\nmay be available in the light of such ability shall be required.\nExpenditures subject to reimbursement pursuant to section four hundred\nnine-b of this title shall be reduced by the sum of all fees received or\nto be received pursuant to this subdivision.\n  * 7. Notwithstanding any other provision of this section, if a social\nservices official determines that a lack of adequate housing is a factor\nthat may cause the entry of a child or children into foster care and the\nfamily has at least one service need other than lack of adequate\nhousing, preventive services may include, in addition to any other\npayments or benefits received by the family, special cash grants in the\nform of rent subsidies, including rent arrears, or any other assistance,\nsufficient to obtain adequate housing. Such rent subsidies or assistance\nshall not exceed the sum of seven hundred twenty-five dollars per month,\nshall not be provided for a period of more than three years, and shall\nbe considered a special grant. Nothing in this subdivision shall be\nconstrued to limit the ability of those using such rent subsidy to live\nwith roommates. The provisions of this paragraph shall not be construed\nto limit such official's authority to provide other preventive services.\n  * NB There are two sub 7's\n  * 7. Notwithstanding any other provision of law, preventive services\ninformation governed by this section may be released by the department,\nsocial services district or other provider of preventive services to a\nperson, agency or organization for purposes of a bona fide research\nproject. Identifying information shall not be made available, however,\nunless it is absolutely essential to the research purpose and the\ndepartment gives prior approval. Information released pursuant to this\nsubdivision shall not be re-disclosed except as otherwise permitted by\nlaw and upon the approval of the department.\n  * NB There are 2 sub 7's\n  8. In contracting for the provision of preventive services, social\nservices districts shall, to the extent feasible, place such services in\nareas with a high rate of child abuse and neglect and foster care\nplacements. Social services districts shall, to the extent feasible,\nconsider as a priority community-based organizations with a record of\nproviding quality services to children and families in such communities.\n  9. (a) Notwithstanding any provision of law to the contrary, records\nrelating to children pursuant to this section shall be made available to\nofficers and employees of the state comptroller, or of the city\ncomptroller of the city of New York, or of the county officer designated\nby law or charter to perform the auditing function in any county not\nwholly contained within a city, for purposes of a duly authorized\nperformance audit, provided, however that such comptroller or officer\nshall have certified to the keeper of such records that he or she has\ninstituted procedures developed in consultation with the department to\nlimit access to client-identifiable information to persons requiring\nsuch information for purposes of the audit, that such persons shall not\nuse such information in any way except for purposes of the audit and\nthat appropriate controls and prohibitions are imposed on the\ndissemination of client-identifiable information obtained in the conduct\nof the audit. Information pertaining to the substance or content of any\npsychological, psychiatric, therapeutic, clinical or medical reports,\nevaluations or like materials or information pertaining to such child or\nthe child's family shall not be made available to such officers and\nemployees unless disclosure of such information is absolutely essential\nto the specific audit activity and the department gives prior written\napproval.\n  (b) Any failure to maintain the confidentiality of client-identifiable\ninformation shall subject such comptroller or officer to denial of any\nfurther access to records until such time as the audit agency has\nreviewed its procedures concerning controls and prohibitions imposed on\nthe dissemination of such information and has taken all reasonable and\nappropriate steps to eliminate such lapses in maintaining\nconfidentiality to the satisfaction of the department. The department\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency, except as provided in this section,\nnothing in this subdivision shall be construed as limiting the powers of\nsuch comptroller or officer to records which he is otherwise authorized\nto audit or obtain under any other applicable provision of law, any\nperson given access to information pursuant to this subdivision who\nreleased data or information to persons or agencies not authorized to\nreceive such information shall be guilty of a class A misdemeanor.\n  10. All sums received by the state under section 201 of Federal Public\nLaw 105-89 shall be paid to the districts in proportion to the amount\nearned by the district for federal adoption incentives and shall only be\nused to provide preventive services to a child and his or her family as\ndefined in paragraph (a) of subdivision five of this section, in\naddition to those required by the maintenance of effort requirement\ncontained in subdivision six of section one hundred fifty-three-i of\nthis chapter, except that up to thirty percent of such sums may be used\nto provide post-adoption services to children or families. Preventive\nservices shall include substance abuse treatment services provided to\npregnant women or a caretaker person in an outpatient, residential or\nin-patient setting. Amounts expended by the state in accordance with\nthis section shall be disregarded in determining the state's\nexpenditures for purposes of federal matching payments under sections\nfour hundred twenty-three, four hundred thirty-four and four hundred\nseventy-four of this chapter.\n  * 11. (a) The office of children and family services shall collect the\nfollowing data regarding preventive services, as defined in section four\nhundred nine of this title, and compile an annual report on such data by\nlocal social services district:\n  (i) the total number of children and families admitted to or receiving\na new service authorization for preventive services during the preceding\ncalendar year;\n  (ii) the total annual number of unduplicated children and families\nreceiving one or more days of preventive services including how many new\npreventive cases were opened during the preceding calendar year and to\nthe extent such information is known and available after making all\ndiligent efforts, the referral source for each new case;\n  (iii) the total number of children and families whose preventive\nservices authorization was closed during the preceding calendar year;\n  (iv) a descriptive list of the services and their utilization rate, if\npracticable, in each local social services district which utilize\npreventive service funding as allowable under section one hundred\nfifty-three-k of this chapter;\n  (v) a descriptive list and their utilization rate, if practicable, of\nother preventive services provided by a local social services district\nthat does not utilize preventive service funding pursuant to section one\nhundred fifty-three-k of this chapter. For purposes of this paragraph,\nother preventive services shall include but not be limited to primary\npreventive services which may be funded through community optional\npreventive services funding or home visiting funds;\n  (vi) the total number of children who entered foster care during the\npreceding calendar year who had received preventive services at any\npoint during the twelve-months prior to their entry into foster care;\nand\n  (vii) any other information the commissioner may deem necessary to\ninclude in said report.\n  (b) The office of children and family services shall submit such\nreport to the governor, the speaker of the assembly, the temporary\npresident of the senate, the chairpersons of the assembly and senate\nchildren and families committees, the chairperson of the assembly ways\nand means committee and the chairperson of the senate finance committee\nstarting no later than September first, two thousand twenty-one. Such\nreport shall include data and information required by paragraph (a) of\nthis subdivision for the preceding calendar year, to the extent such\ninformation is available. When practicable, such information shall be\ndisaggregated by age, sex, race and ethnicity.\n  (c) The initial report shall include the aforementioned data from the\npreceding two calendar years.\n  * NB Repealed September 1, 2027\n
N.Y. EDN Law § 3215 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3215
Unlawful employment
Status: in_force

* § 3215. Unlawful employment. 1. It shall be unlawful, except as\notherwise provided by law, to employ in any trade, business or service a\nminor who does not present an employment certificate or permit issued in\naccordance with this article.\n  2. No minor shall be employed during the hours when attendance upon\ninstruction is required by this chapter.\n  3. No minor shall be employed in violation of any provision of the\nlabor law or other law.\n  4. Exceptions.  a. When attendance upon instruction is not required by\nthis chapter, a minor fourteen years of age or over may be employed\nwithout an employment certificate or permit in the following\noccupations:\n  (1) Caddy service on a golf course;\n  (2) Service as a baby sitter staying with and at the home of another\nchild or children with or without the presence at such home of such\nchild or children's parents or guardians;\n  (3) Casual employment of a minor fourteen or fifteen years of age\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery; and\n  (4) Casual employment of a minor sixteen years of age or over\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery other than power-driven machinery\nordinarily used in such yard work or household chores.\n  b. When attendance upon instruction is not required, a minor sixteen\nyears of age or over may be employed in work on a farm without an\nemployment certificate or permit.\n  c. Nothing in this section shall prohibit the employment of a minor\nduring the school lunch period in a school cafeteria at the school which\nthe minor attends if the minor presents an employment certificate issued\nin accordance with this article.\n  d. Nothing in this section shall be construed to prohibit the\nemployment of a minor in accordance with sections thirty-two hundred\ntwenty-six through and including section thirty-two hundred thirty of\nthis chapter.\n  e. Nothing in this section shall be construed to prohibit the\nemployment of a minor twelve years of age or over in work for his\nparents or guardians on the home farm or at other outdoor work not\nconnected with or for any trade, business or service when attendance\nupon instruction is not required by this chapter.\n  f. Notwithstanding any other provision of this chapter, an employment\ncertificate or permit shall not be required for a student sixteen years\nof age or over who is in attendance at a recognized institution of\nhigher learning and who is employed by a non-profit college or\nuniversity or by a non-profit college or university fraternity,\nsorority, student association or faculty association.\n  * NB Effective until May 9, 2027\n  * § 3215. Unlawful employment. 1. It shall be unlawful, except as\notherwise provided by law, to employ in any trade, business or service a\nminor who does not present an employment certificate or permit issued in\naccordance with this article and section one hundred thirty-five of the\nlabor law.\n  2. No minor shall be employed during the hours when attendance upon\ninstruction is required by this chapter.\n  3. No minor shall be employed in violation of any provision of the\nlabor law or other law.\n  4. Exceptions. a. When attendance upon instruction is not required by\nthis chapter, a minor fourteen years of age or over may be employed\nwithout an employment certificate or permit in the following\noccupations:\n  (1) Caddy service on a golf course;\n  (2) Service as a baby sitter staying with and at the home of another\nchild or children with or without the presence at such home of such\nchild or children's persons in parental relation;\n  (3) Casual employment of a minor fourteen or fifteen years of age\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery; and\n  (4) Casual employment of a minor sixteen years of age or over\nconsisting of yard work and household chores in and about a residence or\nthe premises of a non-profit, non-commercial organization, not involving\nthe use of power-driven machinery other than power-driven machinery\nordinarily used in such yard work or household chores.\n  b. When attendance upon instruction is not required, a minor sixteen\nyears of age or over may be employed in work on a farm without an\nemployment certificate or permit.\n  c. Nothing in this section shall prohibit the employment of a minor\nduring the school lunch period in a school cafeteria at the school which\nthe minor attends if the minor presents an employment certificate issued\nin accordance with this article.\n  d. Nothing in this section shall be construed to prohibit the\nemployment of a minor in accordance with section thirty-two hundred\ntwenty-six of this chapter.\n  e. Nothing in this section shall be construed to prohibit the\nemployment of a minor twelve years of age or over in work for their\nperson in parental relation on the home farm or at other outdoor work\nnot connected with or for any trade, business or service when attendance\nupon instruction is not required by this chapter.\n  f. Notwithstanding any other provision of this chapter, an employment\ncertificate or permit shall not be required for a student sixteen years\nof age or over who is in attendance at a recognized institution of\nhigher learning and who is employed by a non-profit college or\nuniversity or by a non-profit college or university fraternity,\nsorority, student association or faculty association.\n  * NB Effective May 9, 2027\n
N.Y. PBA Law § 1475-Q — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-Q
Actions against the authority
Status: in_force

§ 1475-q. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority, its members, officers or employees for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (b) it shall appear by and as an allegation\nin the complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, and the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based. An action against the\nauthority for wrongful death shall be commenced in accordance with the\nnotice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county of Onondaga.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the authority of whatever nature\nshall be brought in the supreme court of the county of Onondaga.\n
N.Y. VAT Law § 404-V*5 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-V*5
Issuance of distinctive "Discover Queens" license plates
Status: in_force

* § 404-v. Issuance of distinctive "Discover Queens" license plates.\n1.  Any person residing in this state shall, upon request, be issued a\ndistinctive "Discover Queens" license plate. The design of such\ndistinctive plate shall be developed by the commissioner in cooperation\nwith the Queens Tourism Council, a not-for-profit corporation organized\nand operated under the laws of this state, and recognized pursuant to\nsection one hundred sixty-three of the economic development law, and\nshall utilize the trademarked "Discover Queens" logo, as well as any\nother language or information appropriate to the promotion of tourism in\nthe Borough of Queens.\n  2. A distinctive "Discover Queens" plate issued pursuant to this\nsection shall be issued in the same manner as other number plates upon\nthe payment of the regular registration fees prescribed by section four\nhundred one of this article; provided, however, that an additional\nannual service charge of twenty-five dollars shall be charged for such\nplate. Each twenty-five dollars received as annual service charges under\nthis section shall be deposited to the credit of the New York state\n"Discover Queens fund" established pursuant to section ninety-seven-aa\nof the state finance law and shall be used for tourism promotion\nprojects pursuant to such section ninety-seven-aa within the county of\nQueens.\n  3. Provided, however, that one year after the effective date of this\nsection, funds in the amount of five thousand dollars, or so much\nthereof as may be available, shall be allocated from such fund to the\ndepartment to offset costs associated with the production of such\nlicense plates.\n  * NB There are 7 § 404-v's\n
N.Y. TWN Law § 53-A — New York Code / Act TWN / Article 3-A / Title 4 / Section 53-A
Department heads
Status: in_force

§ 53-a. Department heads. The town board shall appoint the head of any\ndepartment of the government of the town established or created in\naccordance with the provisions of this article. Such department heads\nshall be principal executive officers of their respective departments\nand their offices shall be in the unclassified service, and unless their\ntitles are otherwise designated by the town board, they shall be known\nas directors. Salaries of department heads shall be determined in the\nsame manner as is provided in the annual budget for the salaries of\nother town officers, provided, however, that where the duties of a\ndepartment head are increased, altered or diminished by local law and to\nthe extent funds are available therefor, appropriate adjustment may be\nmade in such local law in the salary of such department head.\n
N.Y. LAB Law § 435 — New York Code / Act LAB / Article 15 / Title 4 / Section 435
Responsibility
Status: in_force

§ 435. Responsibility. Except as otherwise provided the owner, agent,\nlessee, manager, operator and superintendent shall be responsible for\nthe observance of the provisions of this article.\n