N.Y. EDN Law § 2590-C — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-C
Composition of community district education councils
Status: in_force

* § 2590-c. Composition of community district education councils.  1.\nEach community district shall be governed by a community district\neducation council. The community councils shall consist of twelve voting\nmembers and two non-voting members, as follows:\n  (a) (1) For councils whose terms begin prior to two thousand twenty,\nnine voting members shall be parents whose children are attending a\nschool or a pre-kindergarten program offered by a school under the\njurisdiction of the community district, or have attended a school or a\npre-kindergarten program offered by a school under the jurisdiction of\nthe community district within the preceding two years, and shall be\nselected by the presidents and officers of the parents' association or\nparent-teachers' association. Such members shall serve for a term of two\nyears. Presidents and officers of parents' associations or\nparent-teachers' associations who are candidates in the selection\nprocess pursuant to this section shall not be eligible to cast votes in\nsuch selection process. The association shall elect a member to vote in\nthe place of each such president or officer for the purposes of the\nselection process. Provided, however, that a parent of a\npre-kindergarten pupil shall vacate his or her membership on such\ncommunity district education council where the parent no longer has a\nchild that attends a school or pre-kindergarten program offered by a\nschool under the jurisdiction of the community district.\n  (2) For councils whose terms begin in two thousand twenty-one and\nthereafter, nine voting members shall be parents whose children are\nattending a school or a pre-kindergarten program offered by a school\nunder the jurisdiction of the community district, or have attended a\nschool under the jurisdiction of the community district within the\npreceding two years, and shall be elected by parents of children\nattending such schools and pre-kindergarten programs in accordance with\na process developed by the chancellor pursuant to subdivision eight of\nthis section. Provided, however, that a parent of a pre-kindergarten\npupil shall vacate his or her membership on such community district\neducation council when the parent no longer has a child that attends a\nschool or pre-kindergarten program offered by a school under the\njurisdiction of the community district.\n  (b) Two voting members shall be appointed by the borough presidents\ncorresponding to such district. Such appointees shall be residents of,\nor own or operate a business in, the district and shall be individuals\nwith extensive business, trade, or education experience and knowledge,\nwho will make a significant contribution to improving education in the\ndistrict. Such members shall serve for a term of two years.\n  (c) One voting member shall be a parent whose child is attending a\ndistrict seventy-five school or program, or has attended a district\nseventy-five school or program within the preceding two years, and shall\nbe elected by parents of children attending such schools or programs in\naccordance with a process developed by the chancellor. Such member shall\nserve for a term of two years.\n  (d) Two non-voting members who are high school seniors residing in the\ndistrict, shall be appointed by the superintendent from among the\nelected student leadership. Such members shall serve for a one year\nterm.\n  Members shall not be paid a salary or stipend, but shall be reimbursed\nfor all actual and necessary expenses directly related to the duties and\nresponsibilities of the community council.\n  2. For the initial community council, such members must be selected on\nor before October thirty-first, two thousand three, with terms\ncommencing on December first, two thousand three. Thereafter, commencing\nin May of two thousand five, the selection or election of community\ncouncil members shall occur on the second Tuesday in May, with terms\ncommencing on the following July first.\n  3. Each such council shall select one of its voting members to serve\nas chair.\n  4. Notwithstanding any provisions of law to the contrary, the\ncommunity district education council may appoint an administrative\nassistant, pursuant to the policies of the city board, who shall perform\nthe following functions: (a) prepare meeting notices, agendas and\nminutes; (b) record and maintain accounts of proceedings and other\ncouncil meetings; and (c) prepare briefing materials and other related\ninformational materials for such meetings. Each council shall be\nresponsible for the appointment, supervision, evaluation and discharge\nof the administrative assistant.\n  5. No person may serve on more than one community council or on the\ncity-wide council on special education, the city-wide council on English\nlanguage learners, the city-wide council on high schools, or the\ncity-wide council on district seventy-five and a community council. A\nmember of a community council shall be ineligible to be employed by the\ncommunity council of which he or she is a member, any other community\ncouncil, the city-wide council on special education, the city-wide\ncouncil on English language learners, the city-wide council on high\nschools, the city-wide council on district seventy-five, or the city\nboard. No person shall be eligible for membership on a community council\nif he or she holds any elective public office or any elective or\nappointed party position except that of delegate or alternate delegate\nto a national, state, judicial or other party convention, or member of a\ncounty committee.\n  A person may be permanently ineligible for appointment to any\ncommunity district education council for any of the following: (a) an\nact of malfeasance directly related to his or her service on the\ncity-wide council on special education, the city-wide council on English\nlanguage learners, the city-wide council on high schools, the city-wide\ncouncil on district seventy-five, community school board or community\ndistrict education council; or (b) conviction of a crime, provided that\nany such conviction shall be considered in accordance with article\ntwenty-three-A of the correction law.\n  Any decision rendered by the chancellor or the city board with respect\nto the eligibility or qualifications of the nominees for community\ndistrict education councils must be written and made available for\npublic inspection within seven days of its issuance at the office of the\nchancellor and the city board. Such written decision shall include the\nfactual and legal basis for its issuance and a record of the vote of\neach board member who participated in the decision, if applicable.\n  6. (a) In addition to the conditions enumerated in the public officers\nlaw creating a vacancy, a member of a community district education\ncouncil who refuses or neglects to attend three meetings of such council\nof which he or she is duly notified, without rendering in writing a good\nand valid excuse therefore vacates his or her office by refusal to\nserve. Each absence and any written excuse rendered shall be included\nwithin the official written minutes of such meeting. After the third\nunexcused absence the community council shall declare a vacancy to the\nchancellor.\n  (b) (1) Vacancies in positions that were not appointed by a borough\npresident or elected by parents of children attending district\nseventy-five schools or programs shall be filled for an unexpired term\nby the community district education council after consultation with the\npresidents' council or other consultative body representing parents'\nassociations and other educational groups within the district.\nRecommendations made by such parents and other educational groups shall\nbe submitted in writing and included within the record of the meeting at\nwhich the vacancy is filled.\n  (2) If such vacancy results in the council not having at least one\nmember who is a parent of a student who is an English language learner\nor who has been an English language learner within the preceding two\nyears, or results in the council not having at least one member who is a\nparent of a student with an individualized education program, the\ncommunity council shall select a parent having such qualifications to\nfill the vacancy.\n  (c) If the vacancy is not filled by the community council within sixty\ndays after it is declared due to a tie vote for such appointment, the\nchancellor shall vote with the community council, to break such tie\nvote. If the community council has failed to fill the vacancy within\nsixty days after it is declared because of any other reason, the\nchancellor shall order the community council to do so pursuant to\nsection twenty-five hundred ninety-1 of this article.\n  (d) Where a vacancy occurs in a position appointed by a borough\npresident, the borough president shall appoint a member to serve the\nremainder of the unexpired term.\n  (e) Where a vacancy occurs in a position elected by parents of\nchildren attending district seventy-five schools or programs, the\nchancellor shall develop a process for parents of children attending\ndistrict seventy-five schools or programs to select a member to serve\nthe remainder of the unexpired term.\n  7. (a) Each community council shall prepare and submit to the city\nboard a performance report every month. The information provided shall\ninclude community council members' attendance records; participation in\ncommunity council committees and other community council activities;\nvisits to schools; and voting records on major issues before the\ncommunity council.\n  (b) The city board shall review and consolidate the performance\nreports into one comprehensive city district-wide report, which shall be\ndisseminated to the community and the media semiannually.\n  8. The chancellor shall: (a) develop a process to ensure a uniform\nelection process for parent associations and parent-teacher\nassociations. Such process shall ensure uniformity with respect to\ntiming of elections and the structure and size of the body.\n  (b) develop a process for nomination of candidates for community\ncouncil membership. Such process will outline in detail the procedure\nwhich must be followed to present a name for consideration, may include\nqualifications and prohibitions in addition to those outlined in this\nsection and may allow for an interview process for nominees.\n  (c) (1) develop selection procedures for community council members\nwhich shall attempt to ensure membership that reflects a representative\ncross-section of the communities within the school district and\ndiversity of the student population including those with particular\neducational needs, shall include consideration of the enrollment figures\nwithin each community district and the potential disparity of such\nenrollment from school to school within the district, and shall ensure\nthat, to the extent possible, a school may have no more than one parent\nrepresentative on the community council. Such procedures shall ensure\nthat at least one position on the community council is filled by a\nparent of a student who is an English language learner or who has been\nan English language learner within the preceding two years, and at least\none position is filled by a parent of a student with an individualized\neducation program, and shall allow for the seven remaining positions to\nbe filled by parents who are otherwise eligible;\n  (2) after reviewing the recommendations of the task force described in\nsubdivision nine of this section, develop election procedures for\ncommunity council members which shall attempt to ensure membership that\nreflects a representative cross-section of the communities within the\nschool district and diversity of the student population including those\nwith particular educational needs, shall include consideration of the\nenrollment figures within each community district and the potential\ndisparity of such enrollment from school to school within the district,\nand shall ensure that, to the extent possible, a school may have no more\nthan one parent representative on the community council. Such measures\nshall ensure that at least one position on the community council is\nfilled by a parent of a current student who is or has been at any time\nan English language learner, and at least one position is filled by a\nparent of a student who has or has at any time had an individualized\neducation program, and shall allow for the seven remaining positions to\nbe filled by parents who are otherwise eligible. Such election\nprocedures shall ensure that no candidate is elected by a margin of less\nthan one vote.\n  (d) promulgate rules and regulations requiring financial disclosure by\nthe nominees and policies prohibiting political endorsements of and\ncampaign contributions to nominees.\n  (e) beginning in January of each school year and continuing until the\ndate of selection, ensure the distribution of guides to parents in\naddition to information regarding community council roles, functions,\nand activities, including upcoming parents' association and\nparent-teacher association elections, candidate information, and the\nnature of the selection or election process.\n  Prior to the adoption of the processes, procedures, rules or\nregulations set forth in this subdivision, the chancellor shall ensure\nthat there is an inclusive public process which allows for sufficient\npublic input from parents and the community including public hearings.\nAll such processes, procedures, rules or regulations must be final in\nsufficient time to assure for an orderly implementation and notification\nof such processes, procedures, rules or regulations to allow for full\ncommunity participation in the nomination and selection processes and\nprocedures.\n  9. The mayor shall appoint a task force on community district\neducation councils consisting of parents whose child or children are\nattending a public school within the community districts and other\nmembers with relevant expertise. The task force shall review the\neligibility criteria to serve on a community district education council,\nthe process for selecting community council members, and their terms of\noffice. The task force shall submit a report concerning its findings and\nrecommendations to the mayor and the chancellor by November first, two\nthousand nineteen.\n  * NB Repealed June 30, 2028\n  * § 2590-c. Composition of community boards. 1. Each community\ndistrict shall be governed by a community board to consist of nine\nmembers to be elected for a term of three years and to serve without\ncompensation.  Each such board shall select one of its members to serve\nas chairman.\n  Notwithstanding any provisions of law to the contrary, the community\nboard may appoint a board secretary, pursuant to the policies of the\ncity board, who shall perform the following functions: (a) prepare\nmeeting notices, agendas and minutes; and (b) record and maintain\naccounts of proceedings and other board meetings. Each board shall be\nresponsible for the appointment, supervision, evaluation and discharge\nof the board secretary.\n  2. Such members shall be elected at an election conducted by the board\nof elections in the city of New York to be held on the first Tuesday in\nMay commencing with the year two thousand three and every third year\nthereafter for a term commencing on the first day of July next\nfollowing.\n  3. Every registered voter residing in a community district and every\nregistered parent of a child attending any school under the jurisdiction\nof the community board of such district who is a citizen of the state, a\nresident of the city of New York for at least thirty days and at least\neighteen years of age shall be eligible to vote at such election for the\nmembers of such community board, except that no person may vote more\nthan once or in more than one community district, and no person shall\nhave the right to register or vote at any community board election who\nwould not be qualified to register or vote at any election in accordance\nwith the provisions of section 5-106 of the election law.\n  (a) The board of elections of the city of New York shall provide for\nthe personal and mail registration, and cancellation of registration, of\npersons qualified by this subdivision to vote as "parents," in a manner\ndetermined jointly by the board of elections and the city board. Each\nparent shall be offered the opportunity to register as a parent voter at\nthe time such parent registers his child with the school and at such\nother times as the board of elections deems necessary to achieve the\nregistration of the maximum number of parents possible. The registration\nprocess shall provide a procedure for determining when such parents\nshall cease to be eligible to vote as parent voters because their child\nno longer attends a school under the jurisdiction of the community\nboard.\n  (b) In January next preceding each community board election, the city\nboard shall provide written notice to every parent of a child attending\nschool under the jurisdiction of every community board of such parent's\nright to vote in the community board election, the method and time by\nwhich a parent may register to vote, and a form by which such parent may\nregister by mail.\n  (c) The board of elections shall certify qualified registrations\npursuant to the certification procedures agreed to by the board of\nelections and the city board. The board of elections shall certify all\nqualified registrations and transmit notice of such certification to the\ncity board promptly.\n  4. (a) Every registered voter residing in a community district and\nevery parent of a child attending any school under the jurisdiction of\nthe community board of such district who is a citizen of the state, a\nresident of the city of New York for at least ninety days prior to the\ndate of the election, and at least eighteen years of age shall be\neligible for membership on such community board, provided that such\nperson not be disqualified from registering for or voting at an election\nunder the provisions of section 5-106 of the election law or ineligible\nto serve, under the provisions of paragraph (b) of this subdivision. No\nperson may serve on more than one community board. A member of a\ncommunity board shall be ineligible to be employed by the community\nboard of which he is a board member, any other community board or the\ncity board. No person shall be eligible for membership on a community\nboard if he or she holds any elective public office or any elective or\nappointed party position except that of delegate or alternate delegate\nto a national, state, judicial or other party convention, or member of a\ncounty committee.\n  (b) A person who has been convicted of a felony, or has been removed\nfrom a community school board for any of the following shall be\npermanently ineligible for appointment or election to any community\nschool board:\n  (1) an act of malfeasance directly related to his or her service on\nsuch community school board; or\n  (2) conviction of a crime, if such crime is directly related to his or\nher service upon such community school board.\n  5. Each registered voter shall vote at such polling place within his\nor her community district as shall be designated by the board of\nelections in the city of New York or may vote as a registered parent\nvoter, but not both. Each person voting as a registered parent shall\nvote at such polling place within the community district in which his or\nher child is attending school as shall be designated by the board of\nelections in the city of New York. In the event a parent has children\nattending school in different community districts, the parent may vote\nat either polling place designated for each of the community districts\nby the board of elections, but not both. The polls of such elections\nshall be open between the hours of six o'clock in the forenoon and nine\no'clock in the evening on the days of elections.\n  6. Applicability of the election law. (a) The provisions of the\nelection law with respect to registration of voters, nomination of\ncandidates, declination of nominations, filling of vacancies in\nnominations, notices to candidates, objections to petitions, rulings\nthereon, judicial proceedings, campaign receipts and expenditures,\nconduct of the election, including the use of voting machines, counting\nand canvassing of votes, and all other matters so far as applicable\nshall govern the election of community board members; provided, however,\nthat:\n  (1) candidates for community board member shall be nominated by\npetitions in accordance with regulations, not inconsistent with the\nprovisions of this article, promulgated by the board of elections in the\ncity of New York. Such petitions shall be filed with the board of\nelections at least four weeks before the election;\n  (2) nominating petitions shall be signed by not fewer than two hundred\nregistered voters residing in such community district, or persons\neligible to vote as registered parents in such community district;\n  (3) each candidate shall be nominated by a separate petition and no\nelector shall sign more than one such petition. Should an elector sign\nmore than one such petition, his or her signature shall be void except\nupon the petition first signed;\n  (4) no candidate shall be identified by political party or other\norganizational affiliation on the nominating petitions or the ballot;\n  (5) certification of acceptance or declination are not required to be\nacknowledged; and\n  (6) the order of the names of candidates on the ballot shall be\ndetermined in the same manner as the order of names of candidates in a\nprimary election.\n  (b) Notwithstanding the provisions of section 14-102 of the election\nlaw to the contrary, all receipts and contributions received by a\ncandidate for community board or a political committee on behalf of a\ncandidate for community board from any one contributor must be\nspecifically accounted for by separate items in such candidate's or\ncommittee's financial disclosure statement.\n  (c) At each election, any candidate for community board member shall\nbe entitled to exercise all the rights granted by section 8-500 of the\nelection law to a political party or independent body in regard to the\nappointment of watchers and challengers for the polls.\n  (d) Any public hearing held by the board of elections or the city\nboard with respect to the community school board elections or to\ncandidates for community boards must be stenographically transcribed or\nrecorded in another manner and such transcripts or written records of\nsuch recordings must be made available for public inspection at the\noffices of the city board and the board of elections.\n  (e) Any decision rendered by the board of elections or the city board\nwith respect to candidates for community boards must be written and made\navailable for public inspection within seven days of its issuance at the\noffices of the city board and the board of elections. Such written\ndecision shall include the factual and legal basis for its issuance and\na record of the vote of each board member or commissioner of elections\nwho participated in the decision.\n  7. The members of each community board shall be elected by\nproportional representation in accordance with the following rules:\n  (1) Paper ballots. Community board members shall be voted for, in\naccordance with the instructions provided in paragraph three, on paper\nballots on which the candidates are listed by name only. The ballots\nshall conform to the provisions of the election law for paper ballots,\nso far as applicable, except as to size and as hereinafter provided. The\nballots shall contain a square for voting before each candidate's name.\n  (2) Order of names on ballot. The names of the candidates shall be\nprinted in the alphabetical order of their surnames, except that they\nshall be rotated by polling places by transposing the first named\ncandidate to the bottom of the order at each succeeding polling place;\nso that each name shall appear first and in each other position in an\nequal number, as nearly as possible, of the polling places.\n  (3) Instructions to voters. There shall be no indication on the ballot\nof a definite number of candidates to be voted for. The instructions to\nvoters shall read as follows:\n                              INSTRUCTIONS\n                  Mark Your Choices with NUMBERS Only.\n                          (Do NOT use X Marks.)\n  Put the number 1 in the square opposite the name of your first choice.\n  Put the number 2 opposite your second choice, the number 3 opposite\nyour third choice, and so on. You may mark as many choices as you\nplease.\n  Do not put the same number opposite more than one name.\n  To vote for a person whose name is not printed on this ballot, write\nhis name on a blank line under the names of the candidates and put a\nnumber in the square opposite to show which choice you wish to give him.\n  If you tear or deface or wrongly mark this ballot, draw lines across\nits face to prevent its being used, return it and obtain another.\n  (4) Central count. Prior to every election at which community board\nmembers are to be elected, the board of elections shall designate a\ncentral counting place for each community district where the ballots\nshall be brought together and counted publicly; shall appoint for each\ncentral counting place a board of two competent persons, to act as\ndirectors of the count for such counting place; shall employ a\nsufficient staff of assistants for each counting place, and shall make\nsuitable arrangements for the counting and recording of the ballots,\nsubject to the provisions of this article. If the board of elections and\nthe city board determine it to be feasible and desirable, the board of\nelections may provide for the counting of the ballots by any combination\nof electronic, mechanical or other devices to carry out the provisions\nof this section. The board of elections shall prepare and provide all\nnecessary forms and equipment.\n  (5) Assembling ballots. As soon as the polls have closed, the election\nofficials assigned by the board of elections at each polling place shall\nseal the ballot boxes without opening them and shall send them at once,\nas the board of elections may direct, to the central counting place for\nthe district with a record of the number of ballots for community board\nmember which have been voted in their polling place.\n  (6) Checking number of ballots. At the central counting place the\nnumber of ballots for community board member found in each ballot box\nshall be recorded and compared with the record sent from the\ncorresponding polling place. The records thus compared shall be made\navailable to the public with notations explaining any corrections or\nchanges made therein. Discrepancies which cannot be reconciled shall be\nshown on the record. All ballots found in the ballot boxes which bear no\nevidence of having been improperly cast shall be accepted.\n  (7) Sorting of ballots. Ballots shall be sorted by polling places in\nan order determined by lot.\n  (8) Rules for validity. If a ballot does not clearly show which\ncandidate the voter prefers to all others or if it contains the\nsignature of the voter, it shall be held as invalid. Every ballot not\nthus invalid shall be counted according to the intent of the voter so\nfar as that can be clearly ascertained, whether marked according to the\ninstructions printed on it or not. No ballot shall be held invalid\nbecause it is marked in ink or pencil different from the one supplied at\nthe polling place, or because the names of candidates thereon have been\nstricken out by the voter. Any cross mark or check mark shall be\ndisregarded, except that a single cross mark or check mark on a ballot\non which no number one appears shall be considered equivalent to the\nnumber one. If the consecutive numerical order of the numbers on a\nballot is broken by the omission of one or more numbers, the smallest\nnumber marked shall be taken to indicate the voter's first choice, the\nnext smallest his second, and so on, without regard to the number or\nnumbers omitted.\n  (9) Count of first choices. At the beginning of the count for each\ndistrict the ballots shall be sorted and counted according to the first\nchoices marked on them. The ballots shall be so credited to the\ncandidates of their choice in the order of polling places chosen by lot\nas specified in paragraph seven of this subdivision. The number of valid\nballots cast for each candidate as first choice in each polling place\nand the total number of valid ballots for each candidate and for all\ncandidates shall be determined and recorded.\n  (10) Single transferable vote. Each candidate shall be credited with\none vote for every ballot that is sorted to him as first choice or\ntransferred to him as hereinafter provided, and no ballot shall ever be\ncredited to more than one candidate at the same time.\n  (11) Quota sufficient to elect. The quota of votes sufficient to elect\na community board member shall be determined by dividing the total\nnumber of valid ballots cast in the community district by one more than\nthe number of members to be elected for the district and adding one to\nthe result, disregarding fractions. This is the smallest number of\nballots which could be received separately by each of as many candidates\nas are to be elected but not by one more.\n  (12) Election of candidates with quotas. All candidates whose\nfirst-choice ballots equal or exceed the quota shall be declared\nelected.\n  (13) Transfer of surplus ballots. All of the surplus ballots in excess\nof the quota of each candidate so elected shall be transferred from him,\neach to the unelected candidate indicated on it as next choice among\nsuch candidates. The ballots to be so transferred as surplus ballots\nshall be those last received by the candidate in the count of first\nchoices which show a clear next choice for an unelected candidate. All\nballots which show no such clear next choice shall be left to the credit\nof the candidate of their first choice. If more than one candidate has\nfirst-choice ballots in excess of the quota, the surplus ballots of the\ncandidate with most ballots shall be transferred first, then those of\nthe candidate with next most ballots, and so on.\n  (14) Election of candidates during transfers. Whenever during any\ntransfer of ballots, at any stage of the counting, the number of ballots\ncredited to a candidate becomes equal to the quota, he shall be declared\nelected and no ballots in excess of the quota shall be transferred to\nhim. Any transferred ballots in excess of the quota which show a next\nchoice for such candidate shall be transferred further at once, each to\nthe next subsequent choice on it for a continuing candidate. A\n"continuing candidate" is a candidate not yet elected or defeated. If\nsuch a ballot shows no such further choice, it shall be set aside as\n"exhausted".\n  (15) Defeat of lowest candidates. After the count of first choices and\nthe transfer of all surplus ballots, if any, the candidates having\nfewest votes to their credit shall be successively defeated and their\nballots transferred as hereinafter provided. The one candidate with the\nfewest votes shall be declared defeated first. If at this point, two or\nmore of the candidates with the next fewest votes, including any such\ncandidates whose names have been written in, have together fewer votes\nthan the candidate next higher in number of votes, they may all be\ndeclared defeated together unless this would reduce the number of\nundefeated candidates below the number to be elected.\n  (16) Transfer of ballots from defeated candidates. All the ballots of\nthe candidates thus defeated shall be transferred, each to the candidate\nindicated on it as next choice among the continuing candidates. If a\nballot shows no such further choice, it shall be set aside as exhausted.\nIf the same choice is marked for more than one candidate, it shall be\ndisregarded except as to continuing candidates, but if the next choice\nfor a continuing candidate is marked for more than one continuing\ncandidate, the ballots shall be set aside as exhausted.\n  (17) Defeat of candidate then lowest. When all the ballots of the\ncandidate or candidates first defeated have been transferred, the one\ncandidate who is then lowest on the poll shall be declared defeated and\nall his ballots transferred in the same way.\n  (18) Successive defeats and transfers of ballots. Thereupon the\ncandidate who is then lowest on the poll shall be declared defeated and\nall his ballots similarly transferred. The lowest candidates shall be\ndeclared defeated one at a time and all their ballots transferred until\nthe election is at an end as hereinafter provided.\n  (19) Order of transfer. When ballots are being transferred from\ndefeated candidates, they shall be transferred in the reverse order to\nthat in which they were credited to the candidate whose ballots are\nbeing transferred, except that if no quota can possibly be completed for\nanother candidate during the transfer they may be transferred in any\norder.\n  (20) Ties. In deciding any tie a candidate shall be treated as having\nmore votes than another if he was credited with more votes at the end of\nthe last preceding transfer or sorting of ballots at which the numbers\nof their votes were different. Any tie not thus decided shall be decided\nby lot.\n  (21) Election ended when all quotas are completed. If at any time as\nmany candidates as are to be elected have received the quota, the other\ncandidates shall all be declared defeated and the election shall be at\nan end. Any transfer that is in progress when the last candidate is\nelected may be completed for the record.\n  (22) Last candidates elected even if quotas are not completed. If at\nany time all ballots of any defeated candidates have been transferred\nand it is impossible to defeat another candidate without reducing the\ncontinuing candidates below the number still to be elected, all the\ncontinuing candidates shall be declared elected and the election shall\nbe at an end.\n  (23) Correction of errors. If at any time after the first sorting of\nthe ballots a ballot is found to have been misplaced, it shall be\ncredited to the candidate who should have been credited with it at that\nstage of the counting or set aside as exhausted if that would have been\nthe proper disposition of it at that stage, and any changes in the\ndisposition of the ballots composing completed quotas made necessary by\nthe correction shall also be made forthwith. If the number of misplaced\nballots found indicates that the list of continuing candidates may be\nincorrect, so much of the sorting and counting as may be required to\ncorrect the error shall be done over again before the count proceeds.\n  (24) Record of count. A record of the count shall be kept in such form\nas to show, after each sorting or transfer of ballots, the number\nthereby credited to each candidate, the number thereby found exhausted,\nthe total for each candidate, the total found exhausted, and the total\nnumber of valid ballots found by adding the totals of all candidates and\nthe total found exhausted.\n  (25) Record and disposition of ballots. Every ballot that is\ntransferred from one candidate to another shall be stamped or marked so\nas to show all the candidates to whom it is successively credited during\nthe entire course of the count. If in correcting an error, or in\nrecounting ballots, any ballots are re-sorted or re-transferred, every\nsuch ballot shall be made to take the same course that it took in the\noriginal count unless the correction of an error requires its taking a\ndifferent course.\n  (26) Ineligible candidates. If a candidate dies or is officially\ndetermined to be ineligible before the counting of the ballots is\ncompleted, all choices for such candidate shall be disregarded and every\nballot which would otherwise have been counted for him shall be counted\nfor the next choice thereon, if any, instead.\n  (27) Public attendance at count. The candidates, representatives of\nthe press and other media and, so far as may be consistent with good\norder and convenience, the public shall be afforded every facility for\nbeing present and witnessing the count.\n  (28) Supplementary regulations. Administrative regulations for the\nconduct of elections by proportional representation, not inconsistent\nwith the provisions of this article may be made by the city board and,\nsubject to any such regulation, by the board of elections in the city of\nNew York.\n  ** 7. Method of election. The members of each community board shall be\nelected in accordance with the following rules of limited voting:\n  (a) Community board members shall be voted for on voting machines, in\naccordance with the provisions of title two of article seven of the\nelection law.\n  (b) Order of names on ballot. The names of the candidates shall be\nprinted in the alphabetical order of their surnames, except that they\nshall be rotated by polling places by transposing the first named\ncandidate to the bottom of the order at each succeeding polling place so\nthat each name shall appear first and in each other position in an equal\nnumber, as nearly as possible, of the polling places.\n  (c) Vote casting. Each voter is entitled to cast one vote for each\ncandidate to a maximum of four votes. No voter may cast more than one\nvote for any one candidate.\n  (d) Election of candidates. The nine candidates receiving the greatest\nnumber or votes when ballots are counted in accordance with the\nprovisions of article nine of the election law shall be elected.\n  (e) Ties. In the event that more eligible persons than the number\nremaining to be elected receive an equal number of votes, on notice to\nthe persons receiving the same number of votes, the board of elections\nin the city of New York shall determine by lot which of those persons is\nelected.\n  (f) Supplementary regulations. Administrative regulations for the\nconduct of elections by limited voting, not inconsistent with the\nprovisions of this article, may be made by the board of elections in the\ncity of New York, in consultation with the city board.\n  ** NB The amendments to subdivision 7 made by chapter 149 of the laws\nof 1998, although signed into law by the Governor on July 2, 1998, are\nnot operative until precleared by the Department of Justice, which has\nnot yet occurred.\n  8. (a) In addition to the conditions enumerated in the public officers\nlaw creating a vacancy, a member of a community board who refuses or\nneglects to attend three meetings of his board of which he is duly\nnotified, without rendering in writing a good and valid excuse therefor\nvacates his office by refusal to serve. Each absence and any written\nexcuse rendered shall be included within the official written minutes of\nsuch meeting. After the third unexcused absence the board shall declare\na vacancy and certify the existence of the vacancy to the chancellor.\n  (b) Vacancies shall be filled for the unexpired term by the community\nboard after consultation with the presidents' council or other\nconsultative body representing parents' associations and other\neducational groups within the district. Recommendations made by such\nparents and other educational groups shall be submitted in writing and\nincluded within the record of the meeting at which the vacancy is\nfilled.\n  (c) If the vacancy is not filled by the board within sixty days after\nit is declared due to a tie vote for such appointment, the chancellor\nshall vote with the community board, to break such tie vote. If the\nboard has failed to fill the vacancy within sixty days after it is\ndeclared because of any other reason, the chancellor shall order the\nboard to do so pursuant to section twenty-five hundred ninety-l of this\nchapter.\n  9. Public information and education. (a) Each community board shall\nprepare and submit to the city board monthly a performance report. The\ninformation provided shall include community board members' attendance\nrecords; participation in community board committees and other community\nboard activities; visits to schools; and voting records on major issues\nbefore the community board.\n  (b) The city board shall review and consolidate the performance\nreports into one comprehensive city district-wide report, which shall be\ndisseminated to the community and the media semiannually.\n  10. Polling place procedures. The board of elections shall provide at\nthe locations designated as polling places on the days of the community\nboard elections, sufficient employees who have received formal training\nregarding the conduct of community board elections, including the\nprocedures applicable to parent voters. The board of elections of the\ncity of New York shall provide polling place employees who speak other\nlanguages as required by law.\n  11. Distribution of information/media. Beginning in October of the\nschool year in which the community school election will take place, and\ncontinuing until the date of election, the city board shall ensure the\ndistribution of voter guides to parents in addition to information\nregarding community board roles, functions, and activities, including\nupcoming elections, voter registration, candidate information, and the\nnature of the election process to parents and to the general public\nthrough city-wide and local media. The city board and the board of\nelections of the city of New York should use foreign language and ethnic\nnewspapers and television stations to maximize minority participation in\nthe electoral process.\n  12. Definition. For the purposes of this section, the term "parent of\na child" shall include a parent of a child with a disability, as defined\nin article eighty-nine of this chapter.\n  * NB Revived June 30, 2028\n
N.Y. EDN Law § 2002 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2002
Time and place of annual meeting
Status: in_force

§ 2002. Time and place of annual meeting. 1. The annual meeting and\nelection of each school district shall be held on the third Tuesday of\nMay in each year, provided, however that such annual meeting and\nelection shall be held on the second Tuesday in May if the commissioner\nat the request of a local school board certifies no later than March\nfirst that such election would conflict with religious observances.\nUnless the hour and place thereof shall have been fixed by a vote of a\nprevious district meeting, the same shall be held in the schoolhouse, or\nany building owned or leased by the district, at seven-thirty p.m. in\nthe case of a school district that is not divided into election\ndistricts and conducts its election or vote by recording the ayes or\nnoes of the qualified voters attending, or, in the case of all other\ndistricts, during at least six consecutive hours after six a.m., two of\nwhich hours shall be after six p.m. as determined by resolution of the\ntrustees or board of education, provided, however, that the trustees or\nboard of education of any school district that conducted its annual\nmeeting at seven-thirty p.m. in nineteen hundred ninety-seven may\nconduct its annual election and budget vote at such time in nineteen\nhundred ninety-eight. If a district possesses more than one schoolhouse\nor building, or leases more than one building, it shall be held in the\none usually employed for that purpose, unless the trustees or board of\neducation designate another, provided that if the school district is\ndivided into election districts such annual meeting and election shall\nbe held at such place in each election district as the board of\neducation may designate. If the district possesses no schoolhouse or\nbuilding, or does not lease a building, or if the schoolhouse or\nbuilding shall not be accessible or adequate, then the annual meeting\nand election shall be held at such place as the trustees or board of\neducation, or the clerk, shall designate in the notice.\n  2. The use of any building owned or leased by a school district, as\ndescribed in subdivision one of this section, shall comply with the\naccessibility provisions set out in subdivisions one-a and one-b of\nsection 4-104 of the election law.\n
N.Y. RPT Law § 450 — New York Code / Act RPT / Article 4 / Title 2 / Section 450
Agricultural societies
Status: in_force

§ 450.  Agricultural societies.  Real property owned by an\nagricultural society and permanently used by it for a meeting hall or\nexhibition grounds shall be exempt from taxation and exempt from special\nad valorem levies and special assessments to the extent provided in\nsection four hundred ninety of this chapter.  For the purposes of this\nsection, the Grange Order of the Patrons of Husbandry shall be deemed to\nbe an agricultural society.\n
N.Y. PML Law § 1317 — New York Code / Act PML / Article 13 / Title 2 / Section 1317
Investigation of license applicants
Status: in_force

§ 1317. Investigation of license applicants. 1. Upon receipt of an\napplication for a gaming facility license, the commission shall cause to\nbe commenced an investigation by the division of state police into the\nsuitability of the applicant. In evaluating the suitability of the\napplicant, the commission shall consider the overall reputation of the\napplicant including, without limitation:\n  (a) the integrity, honesty, good character and reputation of the\napplicant;\n  (b) the financial stability, integrity and background of the\napplicant;\n  (c) the business practices and the business ability of the applicant\nto establish and maintain a successful gaming facility;\n  (d) whether the applicant has a history of compliance with gaming\nlicensing requirements in other jurisdictions;\n  (e) whether the applicant, at the time of application, is a defendant\nin litigation involving its business practices;\n  (f) the suitability of all parties in interest to the gaming facility\nlicense, including affiliates and close associates and the financial\nresources of the applicant; and\n  (g) whether the applicant is disqualified from receiving a license\nunder this article; provided, however, that in considering the\nrehabilitation of an applicant for a gaming facility license, the\ncommission shall not automatically disqualify an applicant if the\napplicant affirmatively demonstrates, by clear and convincing evidence,\nthat the applicant has financial responsibility, character, reputation,\nintegrity and general fitness as such to warrant belief by the\ncommission that the applicant will act honestly, fairly, soundly and\nefficiently as a gaming licensee.\n  2. If the investigation reveals that an applicant has failed to:\n  (a) establish the applicant's integrity or the integrity of any\naffiliate, close associate, financial source or any person required to\nbe qualified by the commission;\n  (b) demonstrate responsible business practices in any jurisdiction; or\n  (c) overcome any other reason, as determined by the commission, as to\nwhy it would be injurious to the interests of the state in awarding the\napplicant a gaming facility license, the commission shall deny the\napplication, subject to notice and an opportunity for hearing.\n  3. If the investigation reveals that an applicant is suitable to\nreceive a gaming facility license, the entity shall recommend that the\ncommission commence a review of the applicant's entire application.\n
N.Y. RPT Law § 489-SS — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-SS
Inapplicability of title
Status: in_force

§ 489-ss. Inapplicability of title. The provisions of this title shall\nnot apply to railroad real property which is owned by or under the\njurisdiction, supervision or control of either an industrial development\nagency or a municipal corporation.\n
N.Y. ELN Law § 9-202 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-202
Canvass of primary returns by state board of elections; convention rolls
Status: in_force

§ 9-202. Canvass of primary returns by state board of elections;\nconvention rolls. The state board of elections upon receipt by it from\nboards of elections of the tabulated statements of votes at a primary\nelection required to be filed with it shall proceed forthwith to canvass\nsuch statements. Upon the completion of the canvass it shall make,\ncertify and file in its office tabulated statements of the number of\nvotes cast for all the candidates for nomination to each public office\nor for election to each party position, and the number of votes cast for\neach such candidate. The candidate receiving the highest number of votes\nshall be the nominee of his party for such office or shall be elected to\nsuch party position, as the case may be, and the board, if requested,\nshall furnish to the elected candidates a certificate of election. From\nsuch certified statements of the votes for delegates and alternates\nelected to a state or judicial district convention of any party, other\nthan a judicial district convention in the first, second, eleventh,\ntwelfth and thirteenth judicial districts, the state board shall\nforthwith compile the roll of each such convention in duplicate and\ntransmit it, if for a state convention, to the chairman and secretary of\nthe state committee of the party, and if for a judicial district\nconvention, to the chairman and secretary of the committee which, by\nparty rules, is empowered to fix the time and place of the convention.\nThe roll of the convention shall list the candidates elected at a\nprimary in the order of the votes received by each candidate together\nwith the number of votes received by each such candidate. If there shall\nhave been no contested election for alternates, the names of the\nalternates shall appear on the roll in the order in which their names\nappear on the petition which designated them. The state board of\nelections shall transmit copies of the certified statements of the votes\nfor delegates and alternates to a national convention of a party to the\nchairman and secretary of the state committee of such party.\n
N.Y. GMU Law § 890-J — New York Code / Act GMU / Article 18-A / Title 2 / Section 890-J
City of Saratoga Springs industrial development agency
Status: in_force

* § 890-j. City of Saratoga Springs industrial development agency. For\nthe benefit of the city of Saratoga Springs and the inhabitants thereof,\nan industrial development agency, to be known as the City of Saratoga\nSprings INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Saratoga Springs, and\nsuch agency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the city of Saratoga\nSprings. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expired per § 856\n
N.Y. RPT Law § 465 — New York Code / Act RPT / Article 4 / Title 2 / Section 465
Volunteer auxiliary police officers; certain counties
Status: in_force

§ 465. Volunteer auxiliary police officers; certain counties. 1. Real\nproperty owned by an active auxiliary police officer in a local law\nenforcement agency or such active officer and spouse residing in any\ncounty having a population of more than three hundred thirty-eight\nthousand and less than three hundred forty thousand, determined in\naccordance with the latest federal decennial census, shall be exempt\nfrom taxation to the extent of ten percent of the assessed value of such\nproperty for city, village, town, part town, special district, school\ndistrict, fire district or county purposes, exclusive of special\nassessments, provided that the governing body of a city, village, town,\nschool district, fire district or county, after a public hearing, adopts\na local law, ordinance or resolution providing therefor, provided\nfurther, however, that such exemption shall in no event exceed three\nthousand dollars multiplied by the latest state equalization rate for\nthe assessing unit in which real property is located.\n  2. Such exemption shall not be granted to an active auxiliary police\nofficer in a local law enforcement agency residing in such county\nunless:\n  (a) the applicant resides in the city, town or village which is served\nby such auxiliary police department;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the law enforcement agency in\nwhich such volunteer auxiliary police officer serves as being an active\nmember as determined by the local enforcement agency's standards for at\nleast five years. It shall be the duty and responsibility of the\nmunicipality, school district and/or fire district which adopts a local\nlaw, ordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality,\nschool district and/or fire district offering such exemption on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner.\n  4. An active auxiliary police officer shall not be eligible to receive\nthe exemption if such applicant receives either a real property tax\nexemption pursuant to this title, or an income tax credit pursuant to\nsection six hundred six of the tax law, related to services as a\nvolunteer firefighter or ambulance worker.\n
N.Y. RPT Law § 330 — New York Code / Act RPT / Article 3 / Title 2 / Section 330
Adoption of local law
Status: in_force

§ 330. Adoption of local law. No "charter law", as such term is\ndefined in section thirty-two of the municipal home rule law, nor local\nlaw shall be adopted which is inconsistent with the provisions of this\ntitle. No local law adopted pursuant to the provisions of this title\nshall be subject to a mandatory or permissive referendum except as\nprovided in section three hundred twenty-eight or three hundred\ntwenty-nine of this title.\n
N.Y. RSS Law § 16 — New York Code / Act RSS / Article 2 / Title 2 / Section 16
Annual appropriation by state
Status: in_force

§ 16. Annual appropriation by state.  a. Upon the basis of each annual\nactuarial valuation and appraisal provided for in this article, the\ncomptroller, on or before the fifteenth day of October of each year,\nshall prepare and file with the director of the budget and the\nchairperson of the senate finance committee and the assembly ways and\nmeans committee an itemized estimate of the amounts necessary to be\nappropriated by the state to the pension accumulation fund and the New\nYork state public employees group life insurance plan for the next\nfiscal year and an estimate of the payments required for the current\nfiscal year. Such amounts shall be sufficient to provide for payment in\nfull for (i) the estimated obligations of the state to the retirement\nsystem for such respective fiscal years; and (ii) any actual obligations\nof the state to the retirement system remaining unpaid from the prior\nfiscal year, plus interest on such amount to be paid in the next fiscal\nyear. If, the state overpaid its actual obligation to the retirement\nsystem for the prior fiscal year, the amount estimated in the filing\nrequired by this subdivision for the next fiscal year shall reflect the\namount of such overpayment, plus interest on such amount, as a reduction\nin amounts that would otherwise be estimated to be due the retirement\nsystem from the state. The amount appropriated or so much thereof as may\nbe required shall be paid from the state treasury on warrant of the\ncomptroller into the pension accumulation fund and the New York state\npublic employees group life insurance plan, as appropriate, on or before\nMarch first of each state fiscal year. The amount paid shall be based on\nan estimate provided by the comptroller which shall reflect the most\nrecent data on annual salary and other related components, and be\ncalculated in accordance with pension benefits authorized as of that\ntime. Such estimate shall be provided by the comptroller within fifteen\ndays of a request by the director of the budget. For the purposes of\nthis section, "interest" shall mean the rate or rates of interest used\nin the actuarial valuations covering the period of time over which such\ninterest is computed.\n  b. On or before the fifteenth day of October of each year the\ncomptroller shall file with the director of the budget and the\nchairperson of the senate finance committee and the assembly ways and\nmeans committee an itemized estimate of the expenses of the retirement\nsystem for the ensuing year. The director of the budget may revise and\namend such estimate. After such revision and amendment, if any, such\ndirector shall approve the same for inclusion in the executive budget.\nNo monies shall be paid out of the pension accumulation fund for such\nexpenses unless expenditures therefor shall have been authorized by law.\n  c. Whenever the compensation of any member of the retirement system is\npaid from a special or administrative fund provided for by law, all\ncontributions to the retirement system including a proportionate share\nof the administrative expense thereof, which otherwise would be\nchargeable to the general fund of the state, shall, with the approval of\nthe director of the budget, be paid from such special or administrative\nfund.\n  d. Such estimated amounts provided in subdivision a of this section\nshall be revised to reflect updated information, including trends in\nsalary growth and investment earnings through November thirtieth of the\ncurrent fiscal year and resubmitted to the director of the budget and\nthe chairperson of the senate finance committee and the assembly ways\nand means committee on or before December fifteenth of the current\nfiscal year. A revised actuarial estimate, including an explanation of\nany changes from the estimates submitted on October fifteenth of the\ncurrent fiscal year, shall also accompany such resubmission.\n  e. By February seventh of the current fiscal year, the comptroller\nshall notify the director of the budget and the chaiperson of the senate\nfinance committee and the assembly ways and means committee of his or\nher revised estimate of the state's contribution to the pension\naccumulation fund and the New York state public employees group life\ninsurance plan for the current and next fiscal years based on updated\ninformation through January thirty-first of the current fiscal year.\nSuch notification shall be accompanied by a revised actuarial estimate,\nincluding an explanation of any changes from the estimate submitted on\nDecember fifteenth of the current fiscal year.\n  f. After reviewing the estmates and submissions for the next fiscal\nyear, the director of the budget, after consultation with the\ncomptroller's office, shall include the necessary item of appropriation\nfor the next fiscal year payment in the next annual appropriation bill\npresented to the legislature. Such consultation shall include\ndiscussions regarding the reasons and assumptions used for any potential\nadjustments to prior estimates and submissions and, to the extent\nfeasible or appropriate, reflect actual calculations provided by the\ncomptroller's office. The director of the budget shall also include in\nsuch appropriation bill, if necessary, an appropriation equal to the\namount of unpaid obligations of the state to the retirement system for\nthe prior fiscal year.\n  g. Such estimates provided in subdivisions a, d and e of this section\nshall be accompanied by an actuarial report stating the assumptions used\nin calculating each of the estimates, including but not limited to:\n  1. projected growth in the billable salary base from the prior fiscal\nyear, in total and by tier for the state and local governments for each\nretirement system;\n  2. composition of the portfolio;\n  3. return on common stock investments, expressed as a percentage;\n  4. calculation of the actuarial value of common stock;\n  5. return on investments other than common stock, expressed as a\npercentage; and\n  6. itemization of the change from the state's prior year contribution,\neither actual or estimated, due to legislative changes in benefits, tier\nshift, salary base growth, investment return, and any other factors\ndeemed appropriate for explaining such change.\n  h. In addition to the above mentioned reporting requirements, the\nactuarial report shall also include the following information for each\nretirement system for the current fiscal year and estimated amounts for\nthe next fiscal year:\n  1. the post-retirement supplemental payments and a description of the\nhandling of such amounts in the valuation;\n  2. the group life insurance plan (GLIP) costs and assets allocated to\nGLIP;\n  3. the administrative expenses and a description of the handling of\nsuch amount in the valuation;\n  4. the market value and actuarial asset value of equities;\n  5. a state reconciliation of the amounts paid and the final amounts\nfor the two prior fiscal years.\n
N.Y. RPT Law § 489-G — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-G
System reproduction cost
Status: in_force

§ 489-g. System reproduction cost. 1. The system reproduction cost of\neach railroad company shall be determined by ascertaining so far as may\nbe practicable for the property of each railroad company used by it for\ntransportation purposes and owned by or leased to it constituting the\nrailroad system: (a) the cost of reproduction new less depreciation of\nroad and equipment, (b) the value of land and rights, including value of\nrights in land in, above and under any public street, highway or\nparkway, and (c) working capital including material and supplies,\nprovided, however, that if on the effective date of this title the major\nportion of the property of a railroad company and the management and\ncontrol of such company are located outside of the territorial limits of\nthe United States, the system reproduction cost of such railroad company\nshall consist of the property of such company located within the United\nStates.\n  2. In making determinations under this section as to the property\nconstituting the railroad system, the commissioner shall classify the\nproperty of each railroad company as between transportation or\nnon-transportation so far as may be practicable.\n  3. In ascertaining depreciation of property under this section,\nconsideration may be given to physical condition, average service lives\nof groups of property and other factors, which, however, shall not\ninclude earnings.\n  4. As used in this section, the term "value of land" means the value\nof similar land in the immediate vicinity used for other than railroad\ntransportation purposes, and the term "value of rights in land in, above\nand under any public street, highway or parkway" means ten percent of\nthe value of land in the immediate vicinity used for other than railroad\ntransportation purposes.\n  5. In making determinations under this section, the commissioner shall\nconsider the information contained in the publication entitled "Elements\nof Value of Property Used in Common Carrier Service" then most recently\nissued or made available by the bureau of accounts, cost finding and\nvaluation of the interstate commerce commission. The commissioner may\nconsider information available from the commissioner of transportation\nor other regulatory agency having jurisdiction over the property of such\nrailroad company, as well as information available from other sources,\nincluding reports required pursuant to section four hundred\neighty-nine-q, and such other information on the subject as may be\navailable to it.\n  6. In determining a system reproduction cost for purposes of railroad\nceilings determined for assessment rolls filed on or after January\nfirst, two thousand three, grading shall be deemed a depreciable asset.\nThe allowance for grading in place shall be eighteen percent per annum\nbut shall not exceed ninety percent.\n  7. In determining a system reproduction cost for purposes of railroad\nceilings determined for assessment rolls filed on or after January\nfirst, two thousand three, the commissioner shall not include a factor\nfor any construction overhead in its calculation, nor shall such\noverhead costs be included for any new construction begun on or after\nthe effective date of this subdivision.\n  8. (a) In determining a system reproduction cost for purposes of\nrailroad ceilings established for assessment rolls filed in two thousand\nthree, the commissioner shall allow for increased depreciation of\nrailroad track. For high speed/high tonnage track and medium speed/high\ntonnage track, whether main track or side track, depreciation shall be\nincreased to seventy-five percent. For low speed/medium tonnage track,\nwhether main track or side track, depreciation shall be increased to\neighty-five percent. For low speed/low tonnage track, whether main track\nor side track, depreciation shall be increased to ninety percent.\n  (b) Such increased depreciation pursuant to paragraph (a) of this\nsubdivision shall be granted for railroad ceilings established for\nassessment rolls filed in two thousand four and thereafter only upon\napplication of a railroad company. Any increased depreciation shall be\ngranted to all the tracks owned by the railroad in this state not\notherwise exempt from inclusion in the calculation of railroad ceilings.\nSuch grant of increased depreciation shall continue for ten years and\nmay be approved for subsequent periods of ten years upon application and\ncompliance with the standards established by rule and regulation. The\ncommissioner shall, in consultation with the department of\ntransportation and the division of the budget, establish by rule and\nregulation the schedules for increased depreciation and standards for\nimproved service that must be met in order for a railroad to receive\nsuch increased depreciation for railroad ceilings established for\nassessment rolls filed in two thousand four and thereafter. A railroad\ncompany that has failed to file an application or failed to meet the\nstandards for improved services contained in any such rules and\nregulations of the commissioner prior to the establishment of railroad\nceilings for assessment rolls filed in two thousand four shall receive\none-half the benefit for increased depreciation that such company would\nhave received had such application been made and such standards been met\nin a timely fashion. The standards for increased depreciation may be\nbased upon increased tonnage, increased level of passenger service,\nincreased number of passenger trains and/or improved on-time\nperformance, increased average speed, and any other factors indicating\nimproved rail service as the commissioner and the department of\ntransportation shall specify.\n
N.Y. RPT Law § 466-E*4 — New York Code / Act RPT / Article 4 / Title 2 / Section 466-E*4
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-e. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than two hundred twenty-five\nthousand inhabitants but less than two hundred fifty thousand\ninhabitants, determined in accordance with the two thousand federal\ncensus, shall be exempt from taxation to the extent of ten percent of\nthe assessed value of such property for city, village, town, part town,\nspecial district or county purposes, exclusive of special assessments,\nprovided that the governing body of a city, village, town or county,\nafter a public hearing, adopts a local law, ordinance or resolution\nproviding therefor; provided further, however, that such exemption shall\nin no event exceed three thousand dollars multiplied by the latest state\nequalization rate for the assessing unit in which such real property is\nlocated.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage, town or county, after a public hearing, adopts a local law,\nordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 4 § 466-e's\n  * NB Repealed December 9, 2028\n
N.Y. EDN Law § 2509 — New York Code / Act EDN / Title 2 / Article 51 / Section 2509
Appointment of assistant and other superintendents, teachers and other employees
Status: in_force

§ 2509. Appointment of assistant and other superintendents, teachers\nand other employees. 1. (a) i. Teachers and all other members of the\nteaching staff appointed prior to July first, two thousand fifteen and\nauthorized by section twenty-five hundred three of this article, shall\nbe appointed by the board of education, upon the recommendation of the\nsuperintendent of schools, for a probationary period of three years,\nexcept that in the case of a teacher who has rendered satisfactory\nservice as a regular substitute for a period of two years or as a\nseasonally licensed per session teacher of swimming in day schools who\nhas served in that capacity for a period of two years and has been\nappointed to teach the same subject in day schools on an annual salary,\nthe probationary period shall be limited to one year; provided, however,\nthat in the case of a teacher who has been appointed on tenure in\nanother school district within the state, the school district where\ncurrently employed, or a board of cooperative educational services, and\nwho was not dismissed from such district or board as a result of charges\nbrought pursuant to subdivision one of section three thousand twenty-a\nof this chapter, the probationary period shall not exceed two years. The\nservice of a person appointed to any of such positions may be\ndiscontinued at any time during such probationary period, on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education. Each person who is not to be recommended for\nappointment on tenure shall be so notified by the superintendent of\nschools in writing not later than sixty days immediately preceding the\nexpiration of his probationary period.\n  ii. Notwithstanding any other provision of law or regulation to the\ncontrary, teachers and all other members of the teaching staff appointed\non or after July first, two thousand fifteen and authorized by section\ntwenty-five hundred three of this article, shall be appointed by the\nboard of education, upon the recommendation of the superintendent of\nschools, for a probationary period of four years, except that in the\ncase of a teacher who has rendered satisfactory service as a regular\nsubstitute for a period of up to two years, or such teacher has rendered\nsatisfactory service as a seasonally licensed per session teacher of\nswimming in day schools who has served in that capacity for a period of\nup to two years and has been appointed to teach the same subject in day\nschools on an annual salary, the teacher shall be appointed for a\nprobationary period of a minimum of two years, depending upon the length\nof the regular substitute service that shall shorten the length of the\nprobationary period; provided, however, that in the case of a teacher\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, or a board of\ncooperative educational services, and who was not dismissed from such\ndistrict or board as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a of this chapter, the teacher\nshall be appointed for a probationary period of three years. The service\nof a person appointed to any of such positions may be discontinued at\nany time during such probationary period, on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\nEach person who is not to be recommended for appointment on tenure shall\nbe so notified by the superintendent of schools in writing not later\nthan sixty days immediately preceding the expiration of such person's\nprobationary period.\n  (b) i. Administrators, directors, supervisors, principals and all\nother members of the supervising staff, except associate, assistant and\nother superintendents appointed prior to July first, two thousand\nfifteen and authorized by section twenty-five hundred three of this\narticle, shall be appointed by the board of education, upon the\nrecommendation of the superintendent of schools for a probationary\nperiod of three years. The service of a person appointed to any of such\npositions may be discontinued at any time during the probationary period\non the recommendation of the superintendent of schools, by a majority\nvote of the board of education.\n  ii. Notwithstanding any other provision of law or regulation to the\ncontrary, administrators, directors, supervisors, principals and all\nother members of the supervising staff, except associate, assistant and\nother superintendents, appointed on or after July first, two thousand\nfifteen and authorized by section twenty-five hundred three of this\narticle, shall be appointed by the board of education, upon the\nrecommendation of the superintendent of schools for a probationary\nperiod of four years; provided, however, that in the case of a\nprincipal, administrator, supervisor, or other member of the supervising\nstaff who has been appointed on tenure pursuant to this chapter as an\nadministrator within an authorized administrative tenure area in another\nschool district within the state, the school district where currently\nemployed, or a board of cooperative educational services, and who was\nnot dismissed from such district or board as a result of charges brought\npursuant to subdivision one of section three thousand twenty-a or\nsection three thousand twenty-b of this chapter, the principal,\nadministrator, supervisor or other member of the supervising staff shall\nbe appointed for a probationary period of three years. The service of a\nperson appointed to any of such positions may be discontinued at any\ntime during the probationary period on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\n  2. a. At the expiration of the probationary term of any persons\nappointed for such term prior to July first, two thousand fifteen, or\nwithin six months prior thereto, the superintendent of schools shall\nmake a written report to the board of education recommending for\nappointment on tenure those persons who have been found competent,\nefficient and satisfactory. By a majority vote the board of education\nmay then appoint on tenure any or all of the persons recommended by the\nsuperintendent of schools. Such persons and all others employed in the\nteaching service of the schools of such school district who have served\nthe full probationary period shall hold their respective positions\nduring good behavior and efficient and competent service, and shall not\nbe removable except for cause after a hearing as provided by section\nthree thousand twenty-a or section three thousand twenty-b of this\nchapter. Failure to maintain certification as required by this chapter\nand the regulations of the commissioner shall constitute cause for\nremoval.\n  b. For persons appointed on or after July first, two thousand fifteen,\nat the expiration of the probationary term of any persons appointed for\nsuch term, or within six months prior thereto, the superintendent of\nschools shall make a written report to the board of education\nrecommending for appointment on tenure those persons who have been found\ncompetent, efficient and satisfactory. By a majority vote, the board of\neducation may then appoint on tenure any or all of the persons\nrecommended by the superintendent of schools. Any person who has\nacquired tenure shall, upon such person's effective tenure date, hold\ntheir position during good behavior and efficient and competent service,\nand shall not be removable except for cause after a hearing as provided\nby section three thousand twenty and section three thousand twenty-a of\nthis chapter. Failure to maintain certification as required by this\nchapter and the regulations of the commissioner shall constitute cause\nfor removal.\n  3. Associate superintendents and all other employees authorized by\nsection twenty-five hundred three of this article, except as otherwise\nprovided in subdivision one of this section, shall be appointed by the\nboard of education, provided, however, that the board of education may\nenter into an employment contract with an associate, assistant, or other\nsuperintendent of schools for a period of from one to five years.\n  4. Clerks, draftsmen, inspectors, chemists, tabulating machine\noperators, secretaries, stenographers, copyists, statisticians,\njanitors, custodians, custodian-engineers, and all other administrative\nemployees of a board of education, unless otherwise provided in this\nchapter, shall be appointed for a probationary period provided in the\ncivil service law and regulations based thereon. The service of a person\nappointed to any of such positions may be discontinued by the board of\neducation at any time during such probationary period. Such persons and\nall others employed in the administrative service of the board of\neducation who have served the full probationary period shall hold their\nrespective positions during good behavior and efficient and competent\nservice, and shall not be removed except for cause after a hearing by\nthe affirmative vote of a majority of the board.\n  5. No principal, supervisor, director, or teacher shall be appointed\nto the teaching force of such city school district who does not possess\nqualifications required under this chapter and under the regulations\nprescribed by the commissioner of education for the persons employed in\nsuch positions in the schools of the city school districts of the state,\nbut a board of education may prescribe additional or higher\nqualifications for the persons employed in any of such positions.\n  6. Rules and regulations shall be adopted governing excusing of\nabsences and for the granting of leaves of absence either with or\nwithout pay for all members of the teaching and supervising staff and\nother employees.\n  7. Notwithstanding any other provision of this section no period in\nany school year for which there is no required service and/or for which\nno compensation is provided shall in any event constitute a break or\nsuspension of probationary period or continuity of tenure rights of any\nof the persons hereinabove described.\n
N.Y. EDN Law § 1902 — New York Code / Act EDN / Title 2 / Article 39 / Section 1902
Other districts may join central high school district
Status: in_force

§ 1902. Other districts may join central high school district.  Other\nschool districts that were not included in the establishment of the\noriginal central high school district may join such district upon a vote\nof the majority of the electors of such district present and voting at a\ndistrict meeting duly called for that purpose and upon the consent of\nthe board of education of the central high school district and the order\nof the commissioner of education.\n
N.Y. EDN Law § 2576 — New York Code / Act EDN / Title 2 / Article 52 / Section 2576
Annual estimate
Status: in_force

§ 2576. Annual estimate. 1. The board of education in each city having\na population of less than one million shall prepare annually an itemized\nestimate for the current or ensuing fiscal year of such sum of money as\nit may deem necessary for the purposes stated in this section, after\ncrediting thereto the amount anticipated in the next apportionment of\nschool funds from the state and the estimated amount to be received from\nall other sources. Such itemized estimate in such cities shall be filed\nat such times and in such manner as city departments or officers are\nrequired to submit estimates for such departments or officers. The board\nof education in each other city shall prepare annually an itemized\nestimate for the ensuing fiscal year and file the same on or before the\nfirst day of September. Such estimates shall be for the following\npurposes:\n  a. The salary of the superintendent of schools, associate, district or\nassistant or other superintendents, examiners, directors, supervisors,\nprincipals, teachers, lecturers, special instructors, claims auditors,\ndeputy claims auditors, medical inspectors, nurses, attendance officers,\nclerks, custodians and janitors and the salary, fees or compensation of\nall other employees appointed or employed by said board of education. In\naddition, the expenses of personnel utilized to fulfill the internal\naudit function pursuant to section twenty-one hundred sixteen-b of this\ntitle.\n  b. The other necessary incidental and contingent expenses, including\nordinary repairs to buildings and the purchase of fuel and light,\nsupplies, textbooks, school apparatus, books, furniture and fixtures and\nother articles and service necessary for the proper maintenance,\noperation and support of the schools, libraries and other educational,\nsocial or recreational affairs and interests under its management and\ndirection. The provisions of this section in regard to the purchase of\nlight shall not apply to a city having a population of one million or\nmore.\n  c. The remodelling or enlarging of buildings under its control and\nmanagement, the construction of new buildings for uses authorized by\nthis chapter and the furnishing and equipment thereof, the purchase of\nreal property for new sites, additions to present sites, playgrounds or\nrecreation centers and other educational or social purposes, and to meet\nany other indebtedness or liability incurred under the provisions of\nthis chapter or other statutes, or any other expenses which the board of\neducation is authorized to incur. Nothing contained in this chapter\nshall prevent the financing, in whole or in part, of any expenditure\nenumerated in this subdivision pursuant to the local finance law.\n  2. In the city school districts of Syracuse, Rochester and Yonkers\nsuch estimate shall be filed with the mayor or city manager. Such\nofficer shall place such estimate before the board of estimate and\napportionment or other similar body at the same time and in the same\nmanner as estimates from city departments or officers are placed before\nsaid board or body, and such estimate shall thereafter be subject to the\nsame consideration, action and procedure as all other estimates from\ncity departments or officers and said board or body may increase,\ndiminish or reject any item contained in said estimate, except for fixed\ncharges for which the city is liable and subject to the limitations\nprovided by subdivision five-b of this section. When such estimate is\nadopted, the said board or body shall file it with the common council.\n  4. In the city school district of Buffalo such estimate shall be filed\nwith the officer authorized to receive other department estimates and\nthe same acted on by such officer and by the council of such city in the\nsame manner and with the same effect as other department estimates\nexcept that such actions shall be subject to the limitations provided by\nsubdivision five-b of this section. The council is also authorized, in\nits discretion, to include in such budget a sum for any of the purposes\nenumerated in paragraph c of subdivision one of this section, and any\nfurther amount for such purposes as may be authorized by a tax election\nheld in such city pursuant to the provisions of this chapter. After the\nadoption of such budget the council shall cause the amount thereof to be\nincluded in the tax and assessment roll of the city and the same shall\nbe collected in the same manner and at the same time as other taxes of\nthe city are collected, and placed to the credit of the board of\neducation.\n  * 5. In the city school district of the city of New York, such\nestimate shall be filed with the mayor. Actions on such estimates shall\nbe subject to the limitations provided by subdivision five-a of this\nsection. The board of education shall administer all moneys appropriated\nor available for educational purposes in the city, subject to the\nprovisions of law relating to the audit and payment of salaries and\nother claims by the comptroller.\n  * NB Effective until June 30, 2028\n  * 5. In a city which had, according to the federal census of nineteen\nhundred forty, a population of one million or more such estimate shall\nbe filed with the mayor. If the total amount requested in such estimate\nshall be equivalent to or less than an amount equal to the average\nproportion of the total expense budget of such city, as amended,\nappropriated for the purposes of the city school district of such city\nin the three fiscal years of such city immediately preceding the year\nfor which said estimate is filed, the city shall appropriate such\namount. If the total amount contained in such estimate shall exceed the\namount so computed, such estimate shall, as to such excess, be subject\nto such consideration and such action by the board of estimate, the\ncouncil, and the mayor as that taken upon departmental estimates\nsubmitted to the mayor. The city is authorized to make additional\nappropriations for educational purposes authorized by this chapter. The\nboard of education shall administer all moneys appropriated or available\nfor educational purposes in the city, subject to the provisions of law\nrelating to the audit and payment of salaries and other claims by the\ncomptroller.\n  * NB Effective June 30, 2028\n  5-a. a. For the purposes of this subdivision, the terms:\n  (i) "city funds" shall mean funds of the city of New York derived from\nany source except funds contained within the capital budget and funds\nderived from any federal, state or private sources over which the city\nhas no discretion.\n  (ii) "city amount" shall mean the total amount of expenditures funded\nby city funds for the support of the city school district of the city of\nNew York, not including city payments to bond or note holders for debt\nservice or payments for pension benefits for employees of such district,\nas contained within the budget as adopted by the city of New York.\n  (iii) "base year" shall mean the fiscal year immediately preceding the\nfiscal year for which the budget referred to in subparagraph (ii) of\nthis paragraph is adopted. The initial base year shall be fiscal year\nending June thirtieth, two thousand three.\n  b. The city amount in a budget adopted by the council pursuant to\nsection two hundred fifty-four of the New York city charter shall not be\nless than the city amount appropriated in the base year as determined at\nthe time of adoption of the budget for the ensuing fiscal year and shall\nbe consistent with the requirements of the certification described in\nsubdivision six of section two hundred eleven-d of this chapter.\nProvided, however, in the event the total amount of city funds relied\nupon to balance such budget is lower than the total amount of city funds\nappropriated in the base year, determined at the time of adoption of\nsuch budget pursuant to a process developed by the department in\nconsultation with the city of New York and the labor organization\nrepresenting teachers that identifies a methodology for the allocation\nof appropriations between fiscal years and prescribes a form upon the\napproval of the director of budget for the certifications required by\nthis subdivision, the city amount may be reduced by up to the same\npercentage as the overall percentage decrease in city funds between the\nbase year and the ensuing fiscal year. Before such budget may be\ncertified pursuant to section two hundred fifty-six of the New York city\ncharter, the mayor of the city of New York and an independent certified\npublic accountant shall certify to the commissioner, in a form\nprescribed by the commissioner upon the approval of the director of\nbudget, that the city amount appropriated in such budget is (i) in\ncompliance with this paragraph; (ii) consistent with the requirements of\nsubdivision six of section two hundred eleven-d of this chapter; and\n(iii) sufficient to ensure individual schools can meet the class size\ncompliance targets set forth in subdivision two of section two hundred\neleven-d of this chapter. If a budget is adopted pursuant to section two\nhundred fifty-four of the New York city charter or certified pursuant to\nsection two hundred fifty-six of such charter in violation of this\nparagraph, the council shall have sixty days to adopt a budget compliant\nwith this paragraph and have such budget certified in accordance with\nthe provisions of this paragraph. Should the budget not be adopted and\ncertified within sixty days, the amount by which the budget is\nnon-compliant shall be withheld from the foundation aid allotment until\nsuch time as the budget is certified as compliant with this paragraph.\n  c. Actual budget expenditures shall be certified in October following\nthe close of the fiscal year to ensure compliance with paragraph b of\nthis subdivision. If the budget expenditures are not compliant with\nparagraph b of this subdivision, the council will appropriate funds in\nthe amount of the discrepancy as part of the November modification,\npursuant to subdivision b of section one hundred seven of the New York\ncity charter.\n  5-b. a. For the purposes of this subdivision, the terms:\n  (i) "city funds" shall mean funds of each city having a population of\none hundred twenty-five thousand or more inhabitants and less than one\nmillion inhabitants derived from any source except funds contained\nwithin the capital budget, funds from county sales tax revenues shared\nwith such city, funds derived from any federal source and funds derived\nfrom any state or private sources over which the city has no discretion,\nas defined pursuant to regulations developed by the commissioner and\napproved by the director of the budget.\n  (ii) "city amount" shall mean the total amount of expenditures funded\nby city funds for the support of the city school district of each city\nhaving a population of one hundred twenty-five thousand or more\ninhabitants and less than one million inhabitants, not including city\npayments to bond or note holders for debt service payments of such\ndistrict, as contained within the budget as adopted by such city.\n  (iii) "base year" shall mean the fiscal year immediately preceding the\nfiscal year for which the budget referred to in subparagraph (ii) of\nthis paragraph is adopted. The initial base year shall be the fiscal\nyear ending June thirtieth, two thousand seven.\n  b. The city amount shall not be less than the city amount appropriated\nin the base year determined at the time of adoption of the budget for\nthe ensuing fiscal year, and shall not be less than the city amount\nexpended in the base year determined as of the end of the school year.\nProvided, however, in the event the total amount of city funds relied\nupon to balance such budget is lower than the total amount of city funds\nappropriated in the base year, as determined at the time of adoption of\nsuch budget, the city amount may be reduced by up to the same percentage\nas the overall percentage decrease in city funds between the base year\nand the ensuing fiscal year.\n  c. Upon the enactment of a city budget, for the two thousand nine--two\nthousand ten school year budget and annually thereafter, the chief\nexecutive officer of the city, as defined pursuant to subdivision five-a\nof section 2.00 of the local finance law, shall annually certify to the\ncommissioner, in a form prescribed by the commissioner upon approval of\nthe director of the budget, as to the city amount in such budget, the\ncity amount in the base year, and that the city amount appropriated in\nsuch budget is in compliance with paragraph b of this subdivision.\n  d. The school district audit report certified to by an independent\ncertified public accountant or an independent accountant pursuant to\nsection twenty-one hundred sixteen-a of this title for the two thousand\neight--two thousand nine school year budget and annually thereafter\nshall include a certification by the accountant, in a form prescribed by\nthe commissioner upon approval of the director of the budget, as to the\ncity amount expended in the school year covered by such audit report,\nthe city amount in the prior school year, and that the city amount\nexpended in the school year covered by such audit report is in\ncompliance with paragraph b of this subdivision.\n  6. A board of education may, to meet emergencies which may arise,\nsubmit a special estimate in which items for extraordinary expenses may\nbe submitted to meet such emergencies. Such estimate shall contain a\ncomplete statement of the purposes for which the items are requested and\nthe necessity therefor. The same method of procdure shall be followed in\nsubmitting such estimate and such estimate shall be subject to the same\nconsideration and action as is required in the submission, consideration\nand action upon the regular annual estimate submitted by a board of\neducation. The common council or other legislative body in such city\nshall have power to make the appropriations requested by a board of\neducation in such special estimate.\n  7. A board of education shall not incur a liability or an expense\nchargeable against the funds under its control or the city for any\npurpose in excess of the amount appropriated or available therefor or\notherwise authorized by law.\n  8. In a city in which, under the statutes in effect prior to June\neighth, nineteen hundred seventeen, it was provided that the estimate of\nexpenditures for the support and maintenance of the public schools of\nthe city shall not be less than a specified per capita sum, based on the\nnumber of pupils enrolled in the public schools of the city, the amount\nauthorized or required to be included in the estimate of school\nexpenditures as provided in this article shall not be less than the per\ncapita sum specified in such statute.\n  9. In any city in which the annual estimate and budget of the board of\neducation is subject to change by some other city authority, such annual\nbudget shall give detailed schedules for all purposes and shall indicate\nthe entire amount to be expended by the board of education for school\npurposes, including the amount to be levied for debt service on account\nof bonds, notes or certificates of indebtedness issued for school\npurposes, whether the amount to be expended is on account of local\nrevenues or to be derived from state aid. The total amount on account of\nlocal revenues and the total amount to be derived from state aid shall\nbe separately indicated. In any such city having a population of less\nthan one million the annual estimate and budget shall contain a\nstatement of the amount of revenues over and above those set forth in\nthe budget for the preceding year, which the board of education\nestimates it will receive in the current year. Any surplus funds shall\nat the close of the fiscal year be transferred to an existing capital\nfund or appropriated by the proper authority to other school purposes.\n  10. In any city with a population of one million or more, amounts\nappropriated to effectuate the implementation of a five-year educational\nfacilities capital plan for such city shall be appropriated as a single\nitem in such city's capital budget in accordance with subdivision four\nof section twenty-five hundred ninety-p of this chapter.\n
N.Y. RPT Law § 476-A — New York Code / Act RPT / Article 4 / Title 2 / Section 476-A
Railroad passenger stations
Status: in_force

§ 476-a. Railroad passenger stations. Each railroad passenger station\nin a city having a population of more than one million, including the\nrailroad passenger terminal facilities used in connection with such\npassenger station, and the railroad roadway approaches to such station\n(including land, tracks, signals, bridges, tunnels and other roadway\nstructures and facilities) situated within five miles of the mid-point\nof such passenger station as located on March first, nineteen hundred\nsixty-five, at which not less than seventy-five percent of the passenger\ntrains using such station utilized by the railroad or railroads using\nsuch station originate and terminate at such station, shall be exempt\nfrom taxation, provided that no portion of such station, terminal\nfacilities, or approaches is regularly used in freight service. The\nexemptions provided by the preceding sentence shall not apply to any\nrailroad for which the commissioner has, pursuant to the provisions of\nsection four hundred eighty-nine-i of this chapter, determined an\nearnings ratio in excess of two and one-half percent.\n
N.Y. RPT Law § 485-I — New York Code / Act RPT / Article 4 / Title 2 / Section 485-I
Residential investment exemption; certain school districts
Status: in_force

* § 485-i. Residential investment exemption; certain school districts.\n1.  Residential real property constructed on or after the first day of\nJuly, two thousand three in school districts which serve a city with a\npopulation of not less than thirty-one thousand and not more than\nthirty-two thousand may be exempt from school district taxation as\nprovided in this section.\n  2. (a) (i) Such real property shall be exempt for a period of one year\nto the extent of fifty per centum of the increase in assessed value\nthereof attributable to such construction and for an additional period\nof nine years provided, however, that the extent of such exemption shall\nbe decreased by five per centum each year during such additional period\nof nine years and such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be the increase in assessed\nvalue as determined in the initial year of such ten year period\nfollowing the filing of an original application, except as provided in\nsubparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives the\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the\nschool district tax exemption:\n      Year of exemption                      Percentage of exemption\n              1                                        50\n              2                                        45\n              3                                        40\n              4                                        35\n              5                                        30\n              6                                        25\n              7                                        20\n              8                                        15\n              9                                        10\n             10                                         5\n  (b) No such exemption shall be granted unless:\n  (i) such construction was commenced on or after the first day of\nJanuary, two thousand three or such later date as may be specified by\nresolution;\n  (ii) the residential real property is situate in a school district\nwhich serves a city with a population of not less than thirty-one\nthousand and not more than thirty-two thousand;\n  (iii) the cost of such construction exceeds the sum of thirty thousand\ndollars or such greater amount as may be specified; and\n  (iv) such construction is completed as may be evidenced by a\ncertificate of occupancy or other appropriate documentation as provided\nby the owner.\n  (c) For purposes of this section the term construction shall not\ninclude ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a school district which\nserves a city with a population of not less than thirty-one thousand and\nnot more than thirty-two thousand on or before the appropriate taxable\nstatus date of such school district and within one year from the date of\ncompletion of such construction.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation by a school district which serves a city with a population of\nnot less than thirty-one thousand and not more than thirty-two thousand\nas provided in this section commencing with the assessment roll prepared\nafter the taxable status date referred to in subdivision three of this\nsection. The assessed value of any exemption granted pursuant to this\nsection shall be entered by the assessor on the assessment roll with the\ntaxable property, with the amount of the exemption shown in a separate\ncolumn.\n  5. The provisions of this section shall apply to real property used as\nthe primary residence of the owner.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  7. A school district which serves a city with a population of not less\nthan thirty-one thousand and not more than thirty-two thousand may, by\nresolution, reduce the per centum of exemption otherwise allowed\npursuant to this section; provided, however, that a project in course of\nconstruction and exemptions existing prior in time to passage of any\nsuch resolution shall not be subject to any such reduction so effected.\nSuch school district upon reduction of the per centum of exemption\npursuant to this subdivision may thereafter, by resolution, increase the\nper centum of exemption up to any per centum not exceeding the maximum\nallowed by subdivision two or eleven of this section, whichever is\napplicable, provided, however, that any such resolution shall apply only\nto construction commenced subsequent to the effective date of such\nresolution. A copy of all such resolutions shall be filed with the\ncommissioner and the assessor of the school district.\n  8. A school district which serves a city with a population of not less\nthan thirty-one thousand and not more than thirty-two thousand may, by\nresolution, establish a date for the commencement of effectiveness of\nexemption offered pursuant to this section and may provide that the\nprovisions of this section shall apply only to construction having a\ngreater value than that specified by subdivision two of this section,\nprovided, however, that such amount shall not exceed seventy thousand\ndollars.\n  9. (a) A school district which serves a city with a population of not\nless than thirty-one thousand and not more than thirty-two thousand may,\nby resolution, establish a board to be known as the residential\nincentive board. The membership and composition of such board shall be\nset forth in the resolution.\n  (b) The residential incentive board shall present a plan to the board\nof education of a school district which serves a city with a population\nof not less than thirty-one thousand and not more than thirty-two\nthousand concerning the various types of residential real property which\nshould be granted eligibility for an exemption pursuant to subdivision\none of this section. Such plan shall make a recommendation as to whether\nthe exemption be computed as provided in subdivision two or eleven of\nthis section. In addition, such plan shall identify specific geographic\nareas within which such exemptions should be offered. In developing the\nplan required by this paragraph, the board shall consider the planning\nobjectives of a school district which serves a city with a population of\nnot less than thirty-one thousand and not more than thirty-two thousand,\nthe necessity of the exemption to the attraction or retention of home\nowners and the economic benefit to the area of providing exemptions to\nhome owners.\n  (c) In addition, the board may make recommendations to the school\nboard of a school district which serves a city with a population of not\nless than thirty-one thousand and not more than thirty-two thousand with\nrespect to actions it deems desirable to improve the economic climate\ntherein.\n  10. If a school district which serves a city with a population of not\nless than thirty-one thousand and not more than thirty-two thousand\nestablishes a residential incentive board, pursuant to subdivision nine\nof this section, such school district may, by resolution, restrict real\nproperty eligible to receive the exemption to real property constructed\nfor those purposes identified in the plan presented by the board. Such\nresolution shall restrict the availability of such exemption to the\nspecific geographic areas identified in the plan presented by the board.\n  11. Notwithstanding subdivision two of this section, where a school\ndistrict which serves a city with a population of not less than\nthirty-one thousand and not more than thirty-two thousand adopts\nrestricted exemptions pursuant to subdivision ten of this section, the\nresolution may provide that such exemptions shall be computed pursuant\nto the following accelerated strategic exemption schedule:\n      Year of exemption                      Percentage of exemption\n              1                                        50\n              2                                        45\n              3                                        40\n              4                                        35\n              5                                        30\n              6                                        25\n              7                                        20\n              8                                        15\n              9                                        10\n             10                                         5\n  Provided however, that such resolution shall:\n  (i) contain findings that the adoption of this accelerated strategic\nexemption schedule is necessary to encourage targeted residential\ndevelopment, and that the value of the exemptions to be provided is\njustified by the need to broaden the tax base; and\n  (ii) limit the applicability of such schedule to projects where the\ncost of such construction exceeds the sum of seventy thousand dollars;\nand\n  (iii) provide that such exemptions are restricted by geographic areas\nas provided by subdivision ten of this section.\n  * NB There are 2 § 485-i's\n
N.Y. RPT Law § 484 — New York Code / Act RPT / Article 4 / Title 2 / Section 484
Urban redevelopment corporations and companies
Status: in_force

§ 484.  Urban redevelopment corporations and companies. Real property\nowned by urban redevelopment corporations and companies shall be\nentitled to the exemptions provided in chapter eight hundred ninety-two\nof the laws of nineteen hundred forty-one and chapter eight hundred\nforty-five of the laws of nineteen hundred forty-two, as amended.\n
N.Y. GMU Law § 892-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 892-A
Schuyler county industrial development agency
Status: in_force

* § 892-a. Schuyler county industrial development agency. For the\nbenefit of the county of Schuyler and the inhabitants thereof, an\nindustrial development agency, to be known as the SCHUYLER COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the county of Schuyler. The agency, its members,\nofficers and employees, and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 538 — New York Code / Act PBA / Article 3 / Title 2 / Section 538
Tolls, rules and regulations
Status: in_force

§ 538. Tolls, rules and regulations. 1. The authority shall have power\nto make rules and regulations for the preservation and use of the\nbridges and for the payment of tolls. Such rules and regulations shall\nbe subject to the approval of the commissioner. Violations of such rules\nshall constitute an offense punishable by a fine of not more than one\nhundred dollars; provided, however, that violators of such rules\nrelating to traffic or pedestrian use of a bridge or highway within the\njurisdiction of the authority, shall be apprehended and prosecuted in\nthe same manner as provided for the apprehension and prosecution of\nviolators of the vehicle and traffic law who commit violations thereof\nupon the public highways. For the purpose of conferring jurisdiction\nupon courts and judicial officers generally, violations of those rules\nof the authority which are defined as offenses shall nevertheless be\ndeemed misdemeanors for the sole purpose of making applicable all\nprocedural provisions of law relating to misdemeanors. The rates of\ntolls shall be determined by the authority subject to the approval of\nthe commissioner, and to the provisions and limitations of any agreement\nwith the bondholders or noteholders. Nothing herein shall give the\ncommissioner any power or authority to require any act or thing which\nwill constitute a breach of any agreement with the bondholders or\nnoteholders.\n  2. The authority shall continue to maintain and collect tolls on the\nbridges and shall, subject to the terms of any agreement, now\noutstanding or hereafter made, with bondholders or note holders or with\nthe commissioner, apply tolls and other revenues from the operation of\nthe bridges to the following charges in the order named:\n  (a) For payment of the cost of maintenance and operation of the\nbridges;\n  (b) For payment of installments of principal and of interest maturing\nupon bonds of the authority, if any;\n  (c) For payments from time to time in such amounts as the authority\nshall deem necessary to be contributed to a city pursuant to subdivision\nten-b of section five hundred twenty-eight of this chapter.\n  3. None of the bridges constructed prior to January first, nineteen\nhundred fifty-eight, shall be free from tolls until all of such bridges\nare free therefrom, subject to such agreements with bondholders and\nnoteholders as may be made as hereinafter provided, and the rates of\ntolls on the Franklin Delano Roosevelt Mid-Hudson bridge, the\nKingston-Rhinecliff bridge, the Bear Mountain bridge, the Rip Van Winkle\nbridge, and the Hamilton Fish Newburgh-Beacon bridge shall be uniform.\n
N.Y. EDN Law § 1524 — New York Code / Act EDN / Title 2 / Article 31 / Section 1524
Consolidation with city school district
Status: in_force

§ 1524. Consolidation with city school district.  1. Notwithstanding\nthe provisions of this chapter or any other general, special, or local\nlaw to the contrary, whenever the qualified voters of a school district\nwhich is contiguous to the city school district of a city with less than\none hundred twenty-five thousand inhabitants, according to the latest\nfederal census, by a majority vote taken at an annual or special meeting\nof such district shall adopt a proposition to consolidate such school\ndistrict with such city school district, and the board of education of\nsuch city school district shall by resolution duly adopted consent\nthereto, the commissioner of education may by order consolidate such\nschool district with such city school district; provided, however, that\nwhere several school districts are contiguous to each other and at least\none of such school districts is contiguous to such city school district,\nsuch vote may be taken in each of such school districts at the same\ntime, and if the proposition to consolidate is adopted by a majority\nvote in each such district, including any votes cast by absentee ballot\nas provided under section two thousand eighteen-a or two thousand\neighteen-b of this title, whichever shall apply, and any votes cast by\nearly mail ballots as provided in section two thousand eighteen-e or two\nthousand eighteen-f of this title, whichever shall apply, and upon the\nconsent of the city school district board of education, the commissioner\nof education may include each such district in one order of\nconsolidation; provided, further, however, that if the proposition to\nconsolidate is not adopted by a majority vote in each such district, but\nis so adopted in one or more of such districts, upon the consent of the\ncity school district board of education, the commissioner may include in\none order of consolidation only such district or districts as, either\nsingly or as a group, are contiguous to such city school district. Such\norder shall specify a date on which the same shall take effect, and\nshall have the same effect as an order made by a district superintendent\ndissolving two or more common school districts and forming a new\ndistrict therefrom, or dissolving one or more common school districts\nand uniting the territory thereof to a union free school district under\nthe provisions of article thirty-one of this title. A copy of such order\nshall be filed with the clerk of each school district affected thereby.\n  2. Unless the effective date of such order of consolidation shall\ncoincide with the beginning of the fiscal year of the city school\ndistrict, the board of education of the city school district upon the\neffective date of the order of consolidation, shall levy a tax upon the\narea so consolidated with the city school district, to defray the\nexpenses of educating the pupils of such area from the effective date of\nthe consolidation to the beginning of the next ensuing fiscal year of\nthe city school district. For this purpose, the school tax rate used for\nthe fiscal year of the city school district in progress on the effective\ndate of such order shall be used, except that such rate shall be divided\nby twelve and multiplied by the number of months intervening between the\neffective date of such order and the beginning of the next ensuing\nfiscal year of the city school district. The tax list for this purpose\nshall be prepared and confirmed within thirty days after the effective\ndate of such consolidation.\n  3. In any city school district with which one or more school districts\nshall have been consolidated under the provisions of this section, the\nproper equalization rate shall be fixed and determined annually pursuant\nto the provisions of section thirty-five hundred five of this chapter.\n
N.Y. EDN Law § 2556 — New York Code / Act EDN / Title 2 / Article 52 / Section 2556
Buildings, sites, et cetera
Status: in_force

§ 2556. Buildings, sites, et cetera. 1. A board of education is\nauthorized and it shall have power to purchase, repair, remodel, improve\nor enlarge school buildings or other buildings or sites, and to\nconstruct new buildings, subject to such limitations and restrictions\nand exceptions as are herein provided.\n  2. Whenever in the judgment of a board of education it is necessary to\nselect a new site, or to enlarge a present site, or to designate a\nplayground or recreation center, or to acquire title to or lease real\nproperty for other educational purposes authorized by this chapter, such\nboard may take options on property desirable for such purposes but\nbefore taking title thereto shall pass a resolution stating the\nnecessity therefor, describing by metes and bounds the grounds or\nterritory desired for each of such purposes, and estimating the amount\nof funds necessary therefor. An item for such amount, if funds are not\navailable for the purchase or lease of such property, may be included in\nthe next annual budget, if not included in a special budget as herein\nprovided.\n  3. Whenever in the judgment of a board of education the needs of the\ncity require a new building for school purposes or for recreation or\nother educational purposes authorized by this chapter, or when in its\njudgment a building should be remodelled or enlarged, such board shall\npass a resolution specifying in detail the necessity therefor and\nestimating the amount of funds necessary for such purpose. An item for\nsuch amount, if funds are not available for the construction of such\nbuilding, may be included in the next annual budget, if not included in\na special budget as herein provided.\n  4. No site shall be designated except upon a majority vote of a board\nof education and no building shall be constructed, remodelled or\nenlarged until the plans and specifications therefor are approved by the\nboard of education.\n  5. It shall be unlawful for a schoolhouse to be constructed in the\ncity of New York without an open-air playground attached to or used in\nconnection with the same. Existing playgrounds shall not be sold, leased\nor transferred, or permanently authorized for other uses such as school\nbuilding construction, renovation, placement or storage of building\nmaterials for such work that would eliminate the use of such playground\nspace for outdoor recreational activities unless a plan is established\nand implemented to provide suitable and adequate physical activities or\nspace to accommodate the physical and recreational needs of the pupils\nof such building. The provisions of this subdivision shall not apply to\nschool construction or renovation activities that occur on or require\nthe use of such playgrounds for a duration of no more than one year.\n  * 5-a. (a) Notwithstanding subdivision three-a of section four hundred\neight of this chapter, it shall be unlawful for a new schoolhouse to be\nconstructed in the city of New York within five hundred feet of a\ncontrolled-access highway unless (i) the president of the New York city\nschool construction authority determines that there is no other\nappropriate site to erect such schoolhouse; (ii) if such schoolhouse is\nplanned to contain a secondary school, the community district, as such\nterm is defined in section twenty-five hundred ninety-a of this title,\nin which the site of such schoolhouse is to be located has a projected\nenrollment rate for secondary school education greater than seventy\npercent of its capacity, based on the most recent report issued pursuant\nto section 21-988 of the administrative code of the city of New York;\n(iii) if such schoolhouse is planned to contain an elementary school or\na middle school, the subdistrict, as such term is defined in section\n21-989 of the administrative code of the city of New York, in which the\nsite of such schoolhouse is to be located has a projected enrollment\nrate for elementary school education or middle school education, as\napplicable, greater than seventy percent of capacity, based on the most\nrecent report issued pursuant to section 21-988 of the administrative\ncode of the city of New York; (iv) the site of such schoolhouse is\nlocated on a property a portion of which is used or is planned to be\nused for residential or commercial purposes; or (v) plans for such\nschoolhouse include adequate engineering controls to address air\nquality, based on regulations promulgated by the New York city\ndepartment of environmental protection.\n  (b) For purposes of this subdivision, neither the construction of a\nnew schoolhouse upon the site of an existing schoolhouse nor an addition\nnor an annex constructed to serve an existing schoolhouse shall be\nconsidered construction of a new schoolhouse.\n  (c) For purposes of this subdivision, a "controlled-access highway"\nshall mean: (i) a controlled-access highway as defined by section one\nhundred nine of the vehicle and traffic law under the jurisdiction of\nthe commissioner of transportation which has been functionally\nclassified by the department of transportation as principal arterial -\ninterstate or principal arterial - other freeway/expressway on official\nfunctional classification maps approved by the federal highway\nadministration pursuant to part 470.105 of title 23 of the code of\nfederal regulations, as amended from time to time; and (ii) a divided\nhighway under the jurisdiction of the New York state thruway authority\nfor mixed traffic with access limited as the authority may determine and\ngenerally with grade separations at intersections.\n  (d) Nothing in this subdivision shall be construed to create a private\nright of action to enforce the terms of this subdivision.\n  * NB Effective December 21, 2029\n  6. After a site has been selected and plans and specifications for a\nbuilding thereon have been approved as provided herein, a board of\neducation in a city having a population of more than four hundred\nthousand but less than one million may, in its discretion, by regulation\ndeliver such plans and specifications to the common council or other\nlocal legislative body which may thereupon, in its discretion, award a\ncontract for the erection of such building in the same manner and in\naccordance with the provisions of law regulating the awarding of\ncontracts for the construction of municipal buildings of such city.\n  7. a. The board of education of the city of New York, with the\npermission of the department of parks and of the board of estimate, may\nconstruct schoolhouses and school playgrounds upon a portion of the\npublic parks in the district east of the Bowery and Catharine street and\nsouth of Fourth street in such city.\n  b. The board of education of the city of New York, with the permission\nof the department of parks and recreation and of the board of estimate,\nmay construct a temporary schoolhouse upon a portion of a public park in\nthe borough of Queens, commonly referred to as Equity Park.\nNotwithstanding any inconsistent provision of subdivision nine of this\nsection, such park land shall revert to the control and management of\nthe department of parks and recreation seven years after the date of the\ncompletion of the construction of such temporary schoolhouse without\nfurther action of the board of education or of the board of estimate.\n  8. In a city having a population of one hundred twenty-five thousand\nor more and less than two hundred fifty thousand in which the common\ncouncil, the board of estimate and apportionment and the board of\ncontract and supply and the commissioner of public works or other city\nofficials, or any one or more thereof, had the authority under the law\nin force prior to June eighth, nineteen hundred seventeen, to erect,\nremodel, improve, or enlarge school buildings or to purchase supplies or\nreal property for any school purpose, such officers, board or boards\nshall continue to possess such powers and duties and to perform such\nfunctions.\n  9. When the real property of a city under the control and management\nof the board of education is no longer needed for educational purposes\nin the city, such board shall notify the common council of such fact and\nin a city having no common council, the council or other legislative\nbody or the commissioners of the sinking fund, and such common council\nor such council or body or such commissioners of the sinking fund, as\nthe case may be, may then sell or dispose of such property in the manner\nin which other real property owned by the city may be sold or disposed\nof and the proceeds thereof shall be credited to the funds under the\ncontrol and administration of the board of education in such city,\nexcept that in a city where the proceeds of such sales were required by\nstatute, in effect prior to June eighth, nineteen hundred seventeen, to\nbe paid to the credit of the sinking fund established and maintained\ntherein, the proceeds of such sales shall continue to be paid to the\ncredit of the sinking fund of such city as required by statute, and\nexcept that in a city having a council or a board of estimate and\napportionment, such council or board may, by resolution, authorize the\nuse of the proceeds of such sale for other municipal purposes.\n  10. The board of education shall let all contracts for public work and\nall purchase contracts to the lowest responsible bidder after\nadvertisement for bids where so required by section one hundred three of\nthe general municipal law.\n  10-a. In a city having a population of one million or more if the\nseveral parts of the work or labor to be done and/or the supplies,\nmaterials and equipment to be furnished shall together involve an\nexpenditure of not more than fifteen thousand dollars, the same may be\nprocured on order awarded to the lowest responsible bidder upon bids\nsubmitted without public advertisement under such regulations as shall\nbe made by the board of education. Purchases of two hundred fifty\ndollars or less may be made without competition.\n  11. In all contracts by a board of education, in a city having a\npopulation of one million or more, for the construction, repair,\nalteration or remodeling of buildings or for the purchase of supplies,\nfurniture or equipment, a stipulation may be inserted for liquidated\ndamages for any breach, failure or delay in the performance thereof; and\nsuch board of education is authorized and empowered to remit the whole\nor any part of such damages as in its discretion may be just and\nequitable; and in all suits commenced on any such contracts or on any\nbond given in connection therewith it shall not be necessary for such\nboard, whether plaintiff or defendant, to prove actual or specific\ndamages sustained by reason of any such breach, failure or delay, but\nsuch stipulation for liquidated damages shall be conclusive and binding\nupon all parties.\n  12. In a city having a population of one million or more a board of\neducation may make rules and regulations governing the qualifications of\nbidders entering into contracts for the erection and construction of\nbuildings, and for the alteration of buildings when the entire cost of\nsuch alteration shall exceed twenty-five thousand dollars. The bidding\nmay be restricted to those who shall have qualified prior to the receipt\nof bids according to standards fixed by the board of education, provided\nthat notice or notices for the submission of qualifications shall be\npublished in the official publication of the municipality, and in an\nappropriate trade journal published in such city, at least once, not\nless than ten days prior to the date fixed for the filing of\nqualifications.\n  13. A board of education, in a city having a population of one million\nor more, may through its duly designated officers, agents or employees\nenter upon public or private property for the purpose of making surveys,\nsoundings or test borings necessary for the exercise of the powers or\nthe performance of the duties, of such board of education, provided\nhowever, that the mayor had formally approved the acquisition of the\nreal property as a school site.\n  14. a. The chancellor of a city school district in a city having a\npopulation of one million or more shall compile an inventory of and\nissue a written report about the outdoor schoolyards in the city school\ndistrict. Such inventory and report shall:\n  (i) identify each outdoor schoolyard located at educational\nfacilities, as defined in subdivision nine of section twenty-five\nhundred ninety-a of this title, of the city school district. Each\noutdoor schoolyard shall be identified by the community school district\nin which the outdoor schoolyard is located, its address, approximate\nsize and physical condition;\n  (ii) identify which outdoor schoolyards are used for physical\neducation, activity and/or recreation; for each such outdoor schoolyard,\na description of how often students of the city school district use the\noutdoor schoolyard and any limitations on the uses of the schoolyard;\n  (iii) identify which outdoor schoolyards are not used for physical\neducation, activity or recreation. For each such schoolyard, an\nexplanation of why it is not being used for physical education, physical\nactivity or recreation by students of the city school district;\n  (iv) whether each outdoor schoolyard is used and the frequency of such\nuse during the school day and whether it is available for use by\nstudents or the general public during after school hours;\n  (v) for each outdoor schoolyard, a description of the capital plans\nfor construction, placement, renovation and/or reconfiguration thereof,\nand any plan to increase or decrease the availability and utilization\nthereof; and\n  (vi) any other facts, information and recommendations which the\nchancellor deems necessary to improve the outdoor schoolyards of the\neducational facilities of the city school district. Such improvements\nshall be those that enhance the physical education, physical and mental\nfitness, and well-being of the students of the city school district.\n  b. On or before December thirty-first, two thousand twelve, the\nchancellor shall submit the inventory and report, compiled pursuant to\nparagraph a of this subdivision, to the governor, the temporary\npresident of the senate, the speaker of the assembly, the chairs of the\nsenate and assembly committees on education, and the department.\n  c. For the purposes of this subdivision, "outdoor schoolyard" means\noutdoor space which is located at educational facilities, and is used or\nintended to be used by students for physical education, physical\nactivity and/or recreation.\n  15. a. The chancellor of a city school district in a city having a\npopulation of one million or more shall compile an inventory of and\nissue a written report and develop recommendations regarding\ntransportable classroom units ("TCU" or also commonly known as a\n"trailer"). Such inventory, report and recommendations shall:\n  (i) identify each transportable classroom unit located in the city\nschool district. Each transportable classroom unit shall be identified\nby the community school district in which it is located, its address\nwith identification of any school building it is part of or associated\nwith, its approximate size, its age, and a description of its physical\ncondition;\n  (ii) identify the number of students served within each transportable\nclassroom unit, including the grade level of such students, if\napplicable, the average class size within each transportable classroom\nunit, and a description of the amount of the school day the students\nspend within each transportable classroom unit;\n  (iii) provide recommendations to minimize the number of transportable\nclassroom units within the city school district.\n  b. On or before December thirty-first, two thousand seventeen, the\nchancellor shall submit the inventory, report, and the recommendations\nto minimize the number of transportable classroom units within the city\nschool district, compiled and developed pursuant to paragraph a of this\nsubdivision, to the governor, the temporary president of the senate, the\nspeaker of the assembly, the chairs of the senate and assembly\ncommittees on education, and the department. Annually, on or before\nDecember thirty-first, the chancellor shall update such inventory,\nreport and recommendations and provide such updated information and\nrecommendations to the governor, the temporary president of the senate,\nthe speaker of the assembly, the chairs of the senate and assembly\ncommittees on education, and the department.\n
N.Y. PBA Law § 1354 — New York Code / Act PBA / Article 6 / Title 2 / Section 1354
Purposes and powers of the authority
Status: in_force

§ 1354. Purposes and powers of the authority. The authority shall have\npower over the survey, development and operation of port facilities and\nindustrial projects in such port district as hereinafter more\nspecifically set forth, and the coordination of the same with existing\nor future agencies of transportation with a view to the increase and\nefficiency of all such facilities and projects and the furtherance of\ncommerce and industry, environmental protection, aesthetics, health,\nwelfare, safety, recreational opportunities, and historical appreciation\nin the district. It shall make a thorough investigation of port\nconditions in the district and such other places as it may deem proper\nand shall prepare after conducting public hearings a comprehensive plan\nfor the development of port facilities, industrial projects, and other\nstructures in such district and the furtherance of recreational\nopportunities and historical appreciation in the district. This\ncomprehensive plan shall include the present use of the land and water\nin the district, the general capability thereof for development and use\nbased on commercial, ecological, recreational and historic\nconsiderations, a statement of proposed development and/or preservation\nthereof which would accomplish a coordinated and economic use of the\ndistrict in accordance with present and future needs and resources and\nbest promote the health, safety, order, enjoyment, convenience,\nappreciation and welfare of the citizens of the district.  It shall be\nprovided with an office which shall be located by such authority within\nthe port district and it shall have power to equip the same with\nsuitable furniture and supplies for the performance of the work of the\nauthority. The authority also shall have the power to:\n  (1) Sue and be sued.\n  (2) Have a seal and alter the same at pleasure.\n  (3) Confer with the governing body of the city, the town and with any\nother body or official having to do with port and harbor facilities\nwithin and without the district, and to hold public hearings as to such\nfacilities.\n  (4) Confer with railroad, steamship, warehouse and other officials in\nthe district with reference to the development of transportation\nfacilities in such district and the coordination of the same.\n  (5) Confer with the proper state officials as to means and measures\nfor stimulating use of the Barge canal.\n  (6) Determine upon the location, type, size and construction of\nrequisite port facilities, subject, however, to the approval of any\ndepartment, commission or official of the United States of America or\nthe state of New York where federal or state statute or regulation\nrequires it.\n  (7) Lease, erect, construct, make, equip and maintain port facilities\nin the district and for any such purpose to acquire in the name of the\nauthority by purchase, grant, gift or condemnation, except as\nhereinafter limited, real property, including easements therein, lands\nunder water and riparian rights.\n  (8) Make surveys, maps and plans for, and estimates of the cost of,\nthe development and operation of requisite port facilities and other\nstructures and for the coordination of such facilities and structures\nwith existing agencies, both public and private, with the view of\nincreasing the efficiency of all such facilities and the appropriateness\nof all such structures in the furtherance of commerce and industry,\nenvironmental protection, aesthetics, health, welfare, safety,\nrecreational opportunities, historical appreciation in the city.\n  (9) Make contracts and leases and to execute all instruments necessary\nor convenient.\n  (10) Issue negotiable bonds within the provisions and limitations of\nthis title and to provide for the rights of the holders thereof.\n  (11) Issue notes within the provisions and limitations of this act.\n  (12) Fix fees, rates, rentals or other charges for the purpose of all\nport facilities owned by the authority and collect such fees, rates,\nrentals and other charges for such facilities owned by the authority,\nwhich fees, rates, rentals or other charges shall at all times be\nsufficient to comply fully with all covenants and agreements with the\nholders of any bonds issued under the provisions of this act.\n  (13) Operate and maintain all port facilities owned by it; use the\nrevenues therefrom for the corporate purposes of the authority, and in\naccordance with any covenants or agreements contained in the proceedings\nauthorizing the issuance of any bonds hereunder.\n  (14) Have power to regulate and supervise the construction of all port\nfacilities constructed or installed by any private individual or\ncorporation commenced after this act takes effect, and the power to\nregulate the operation of all privately owned port facilities insofar as\nsuch operation may adversely affect the flow of transportation or the\nenforcement of approved plans for the development of port facilities.\nThe power granted by this subdivision shall be subject to the rules,\nregulations or other directives of any federal or state department,\ncommission or other agency having jurisdiction, and such grant of power\nshall not operate to deprive any person or corporation, private or\npublic, of any property without due process of law.\n  (15) Accept gifts, grants, loans or contributions from the United\nStates, the state of New York or an agency or instrumentality of either\nof them, the county of Oswego, the city of Oswego or the town of Scriba,\nor a person or corporation, by conveyance, bequest or otherwise, and to\nexpend the proceeds for any purpose of the authority, and to enter into\na contract with the United States, the state of New York, or an agency\nor instrumentality of either of them, to accept gifts, grants, loans or\ncontributions on such terms and conditions as may be provided by law\nauthorizing the same. The county of Oswego, the city of Oswego and the\ntown of Scriba are hereby authorized to loan, donate or contribute any\navailable fund to the port authority for any of its corporate purposes,\nand to appropriate such moneys for such purposes; but neither the\ncounty, the city nor the town may borrow money or otherwise pledge its\nfaith and credit for the purpose of making any such loan, donation or\ncontribution.\n  (16) Have power to grant and maintain a traffic bureau in connection\nwith the operation of port facilities.\n  (17) Use the officers, employees, facilities and equipment of the\ncity, with the consent of the city, and of the town, with the consent of\nthe town, paying a proper portion of the compensation or cost.\n  (18) Appoint officers, agents and employees and fix and determine\ntheir qualifications, duties and compensation subject to the provisions\nof the civil service law of the state of New York and such rules as the\ncivil service commission of the city of Oswego may adopt and make\napplicable to such authority.\n  (19) Designate the depositories of its moneys.\n  (20) Have power to do all things necessary to make Oswego harbor and\nits port facilities useful and productive.\n  (21) Make application to the foreign-trade zones board established by\nan act of Congress, approved June eighteenth, nineteen hundred\nthirty-four, entitled "an act to provide for the establishment,\noperation and maintenance of foreign trade zones in ports of entry of\nthe United States, to expedite and encourage foreign commerce, and for\nother purposes," for a grant to such authority of the privilege of\nestablishing, operating and maintaining a foreign trade zone on premises\nowned by such authority within such city, pursuant to the provisions of\nsuch act, and if such application be granted, to accept such grant and\nto establish, operate and maintain such zone in accordance with law.\n  (22) With respect to industrial projects, to carry on any activities\nauthorized for an industrial development agency as provided for in\nsection eight hundred fifty-eight of the general municipal law as well\nas to provide for the financing of such projects pursuant to article\neighteen-A of the general municipal law; provided, however, that where\nany of the provisions of this article are inconsistent with the\nprovisions of section eight hundred fifty-eight of the general municipal\nlaw pertaining to industrial projects or, with respect to financing of\nsuch projects, article eighteen-A of the general municipal law, the\nprovisions of this article shall be superceded and the provisions of\nsuch section eight hundred fifty-eight and such article eighteen-A shall\napply.\n
N.Y. RPT Law § 420-A — New York Code / Act RPT / Article 4 / Title 2 / Section 420-A
Nonprofit organizations; mandatory class
Status: in_force

§ 420-a. Nonprofit organizations; mandatory class. 1. (a) Real\nproperty owned by a corporation or association organized or conducted\nexclusively for religious, charitable, hospital, educational, or moral\nor mental improvement of men, women or children purposes, or for two or\nmore such purposes, and used exclusively for carrying out thereupon one\nor more of such purposes either by the owning corporation or association\nor by another such corporation or association as hereinafter provided\nshall be exempt from taxation as provided in this section.\n  (b) Real property such as specified in paragraph (a) of this\nsubdivision shall not be exempt if any officer, member or employee of\nthe owning corporation or association shall receive or may be lawfully\nentitled to receive any pecuniary profit from the operations thereof,\nexcept reasonable compensation for services in effecting one or more of\nsuch purposes, or as proper beneficiaries of its strictly charitable\npurposes; or if the organization thereof for any such avowed purposes be\na guise or pretense for directly or indirectly making any other\npecuniary profit for such corporation or association or for any of its\nmembers or employees; or if it be not in good faith organized or\nconducted exclusively for one or more of such purposes.\n  2. If any portion of such real property is not so used exclusively to\ncarry out thereupon one or more of such purposes but is leased or\notherwise used for other purposes, such portion shall be subject to\ntaxation and the remaining portion only shall be exempt; provided,\nhowever, that such real property shall be fully exempt from taxation\nalthough it or a portion thereof is used (a) for purposes which are\nexempt pursuant to this section or sections four hundred twenty-b, four\nhundred twenty-two, four hundred twenty-four, four hundred twenty-six,\nfour hundred twenty-eight, four hundred thirty or four hundred fifty of\nthis chapter by another corporation which owns real property exempt from\ntaxation pursuant to such sections or whose real property if it owned\nany would be exempt from taxation pursuant to such sections, (b) for\npurposes which are exempt pursuant to section four hundred six or\nsection four hundred eight of this chapter by a corporation which owns\nreal property exempt from taxation pursuant to such section or if it\nowned any would be exempt from taxation pursuant to such section, (c)\nfor purposes which are exempt pursuant to section four hundred sixteen\nof this chapter by an organization which owns real property exempt from\ntaxation pursuant to such section or whose real property if it owned any\nwould be exempt from taxation pursuant to such section, (d) for purposes\nrelating to civil defense pursuant to the New York state defense\nemergency act, including but not limited to activities in preparation\nfor anticipated attack, during attack, or following attack or false\nwarning thereof, or in connection with drill or test ordered or directed\nby civil defense authorities, or (e) for purposes of a tax-free NY area\nthat has been approved pursuant to article twenty-one of the economic\ndevelopment law, subject to the conditions that the real property must\nhave been owned by the corporation or association organized exclusively\nfor educational purposes and exempt pursuant to this section on June\nfirst, two thousand thirteen, and that the exemption shall apply only to\nthe portion of such real property that is used for purposes of the\nSTART-UP NY program; and provided further that such real property shall\nbe exempt from taxation only so long as it or a portion thereof, as the\ncase may be, is devoted to such exempt purposes and so long as any\nmoneys paid for such use do not exceed the amount of the carrying,\nmaintenance and depreciation charges of the property or portion thereof,\nas the case may be.\n  3. Such real property from which no revenue is derived shall be exempt\nthough not in actual use therefor by reason of the absence of suitable\nbuildings or improvements thereon if (a) the construction of such\nbuildings or improvements is in progress or is in good faith\ncontemplated by such corporation or association or (b) such real\nproperty is held by such corporation or association upon condition that\nthe title thereto shall revert in case any building not intended and\nsuitable for one or more such purposes shall be erected upon such\npremises or some part thereof.\n  4. Such real property shall be so exempt although it is used as a\npolling place upon days of registration and election.\n  5. Such real property owned and actually used for hospital purposes by\na free public hospital which depends for maintenance and support upon\nvoluntary charity, shall be so exempt from taxation although a portion\nthereof is leased or otherwise used for the purposes of income, if such\nincome is necessary for and is actually applied to the maintenance and\nsupport of such hospital.\n  6. Such real property outside a city owned by a free public library or\nheld in trust by an educational corporation for free library purposes\nshall be so exempt from taxation although a portion thereof is leased or\notherwise used for purposes of income, if such income is necessary for\nand is actually applied to the maintenance and support of such library.\n  7. Real property which was, on the first day of January, nineteen\nhundred eighty-three owned for more than one hundred years by a\ncorporation organized exclusively for purposes specified in subdivision\none of this section under a grant or devise and a special charter\ngranted by the legislature of the state of New York subject to\nconditions which raise doubt as to the power of such corporation to\nconvey fee title to the property shall, if the property is used\nexclusively for educational purposes by an educational corporation which\nowns real property exempt from taxation, or whose real property if it\nowned any would be exempt from taxation, as lessee for a term of not\nless than twenty-five years and if such lease were in effect on the\nfirst day of January, nineteen hundred eighty-three and requires the\nlessee to pay all taxes levied against the property, be exempt from\ntaxation to the same extent and subject to the same conditions and\nexceptions as property owned and used for educational purposes by a\ncorporation organized exclusively for educational purposes, regardless\nof whether the moneys paid to the lessor by the lessee are limited to\nthe amount of the carrying, maintenance and depreciation charges of the\nproperty.\n  8. Real property exempt from taxation pursuant to this section shall\nalso be exempt from special ad valorem levies and special assessments to\nthe extent provided in section four hundred ninety of this chapter.\n  9. In addition to the exemption provided in this section, any stadium\nfacility owned by a corporation organized exclusively for educational\npurposes which is constructed in whole or in substantial part with state\nfunds shall be exempt from taxation notwithstanding its use by the\nstate, by a municipal corporation for a public use, or by or for\nnot-for-profit organizations.\n  10. Real property, which on the first day of January, nineteen hundred\nninety was exempt from real property taxation pursuant to this section\nby reason of the ownership and use of such property by a corporation\norganized exclusively for educational purposes, and which the fee title\nto such property is conveyed prior to June thirtieth, nineteen hundred\nninety-one to a governmental entity, shall be exempt from taxation;\nprovided that (a) as a condition of such conveyance such property is\nleased, for a term or terms exceeding one hundred years, to an\neducational corporation whose real property, when used for educational\npurposes, is exempt from taxation, and (b) such property shall continue\nto be used by such corporation exclusively for educational purposes\nsubject to the same conditions and exceptions as property owned and used\nfor educational purposes by a corporation organized exclusively for such\npurposes.\n  11. An exemption may be granted pursuant to this section upon\napplication by the owner on a form prescribed by the commissioner or any\ncomparable form, which application may be filed with the assessor of the\nappropriate county, city, town or village on or before the applicable\ntaxable status date. Where the assessor receives no such application,\nthe assessor may nevertheless grant the exemption provided the assessor\npersonally inspects the property and certifies in writing that it\nsatisfies all of the requirements for exemption set forth in this\nsection. Where property is not granted an exemption pursuant to this\nsection, the owner may seek judicial review pursuant to article seven of\nthis chapter or article seventy-eight of the civil practice law and\nrules.\n  12. Notwithstanding any provision of this chapter or any other law to\nthe contrary, real property, the fee title to which was acquired on\nMarch twenty-third, nineteen hundred ninety-four pursuant to a mortgage\nforeclosure sale conducted by the federal deposit insurance corporation,\nby a corporation or association organized exclusively for educational\npurposes, and which was used exclusively by such corporation or\nassociation for carrying out thereupon educational purposes during the\nperiod beginning on the date the fee title was acquired by such\ncorporation or association and ending on June thirtieth, nineteen\nhundred ninety-five, shall be exempt from taxation for such period as\nprovided in this section. The city of New York may negotiate and execute\nwith the owner of real property in the city of New York qualifying for\nexemption under this subdivision, an agreement for the payment of unpaid\nreal property taxes and interest thereon that accrued on such property\nprior to the date on which the fee title to such property was acquired\nby such owner. Notwithstanding any provision of this chapter or the\nadministrative code of the city of New York or any other law to the\ncontrary, such agreement may require that payment of such taxes and\ninterest thereon be made in quarterly installments over a period not to\nexceed thirty years.\n  13. Notwithstanding any provision of this chapter or any other law to\nthe contrary, real property, the fee title to which was acquired on\nMarch twenty-third, nineteen hundred ninety-four pursuant to a mortgage\nforeclosure sale conducted by the federal deposit insurance corporation\nby a corporation or association organized exclusively for educational\npurposes, and which has been used exclusively by such corporation or\nassociation for carrying out thereupon educational purposes since the\ndate on which the fee title was acquired by such corporation or\nassociation, and is currently being used for such purposes, shall be\nexempt from taxation as provided in this section and the city of New\nYork may cancel and annul any unpaid real property taxes that accrued on\nsuch real property prior to the date on which the fee title to such\nproperty was acquired by such owner together with any interest accruing\non such unpaid real property taxes.\n  14. Notwithstanding any provision of this chapter or any other law to\nthe contrary, real property in block 1175 in the county of Kings leased\nto the unified court system for the establishment and operation of a\ncourt officer academy authorized pursuant to section two hundred\nnineteen-b of the judiciary law shall be exempt from taxation for the\nduration of such lease provided that such property shall be used for\nsuch purpose and provided that title to such property shall not be\nconveyed to another owner at any time during the duration of such lease.\n  15. Notwithstanding any provision of this chapter or any other law to\nthe contrary, real property in block 1272 in the borough of Brooklyn,\nthe fee title to which was acquired in 1997 or 1998 in order to\nestablish a museum and center for children by a not-for-profit\ncorporation or association organized exclusively for charitable\npurposes, and which has been used exclusively by such corporation or\nassociation for carrying out thereupon charitable purposes since the\ndate on which the fee title was acquired by such corporation or\nassociation, shall be exempt from taxation as provided in this section\nand the city of New York may cancel and annul any unpaid real property\ntaxes that accrued on such real property prior to the date on which the\nfee title to such property was acquired by such owner together with any\ninterest accruing such unpaid real property taxes.\n  16. (a) (i) For the purposes of this subdivision, "municipal\ncorporation" shall mean a county, city, town, village or school district\nwhich, after public hearing, adopts a local law, ordinance or\nresolution, providing that this subdivision shall be applicable to\nnonprofit organizations within its jurisdiction. Such local law,\nordinance or resolution shall apply to property transfers occurring on\nor after the effective date of such local law, ordinance or resolution.\nA copy of such local law, ordinance or resolution shall be filed with\nthe commissioner.\n  (ii) Where a nonprofit organization that meets the requirements for an\nexemption pursuant to this section, purchases property after the levy of\ntaxes, such nonprofit organization may, if permitted by a local law,\nordinance or resolution of the municipal corporation in which the\nnonprofit organization is located, file an application for exemption\nwith the assessor no later than the time specified in such local law,\nordinance or resolution. The assessor shall make a determination of\nwhether the parcel would have qualified for exempt status on the tax\nroll on which the taxes were levied, had title to the parcel been in the\nname of the applicant on the taxable status date applicable to the tax\nroll. The application shall be on a form prescribed by the commissioner.\nThe assessor, no later than thirty days after receipt of such\napplication, shall notify both the applicant and the board of assessment\nreview, by first class mail, of the exempt amount, if any, and the right\nof the owner to a review of the exempt amount upon the filing of a\nwritten complaint. Such complaint shall be on a form prescribed by the\ncommissioner and shall be filed with the board of assessment review\nwithin twenty days of the mailing of such notice. If no complaint is\nreceived, the board of assessment review shall so notify the assessor\nand the exempt amount determined by the assessor shall be final. If the\napplicant files a complaint, the board of assessment review shall\nschedule a time and place for a hearing with respect thereto no later\nthan thirty days after the mailing of the notice by the assessor. The\nboard of assessment review shall meet and determine the exempt amount,\nand shall immediately notify the assessor and the applicant, by first\nclass mail, of its determination. The amount of exemption determined\npursuant to this paragraph shall be subject to review as provided in\narticle seven of this chapter. Such a proceeding shall be commenced\nwithin thirty days of the mailing of the notice of the board of\nassessment review to the new owner as provided in this paragraph.\n  (iii) Upon receipt of a determination of the exempt amount as provided\nin subparagraph (ii) of this paragraph, the assessor shall determine the\npro rata exemption to be credited toward such property by multiplying\nthe tax rate or tax rates for each municipal corporation which levied\ntaxes, or for which taxes were levied, on the appropriate tax roll used\nfor the fiscal year or years during which the transfer occurred times\nthe exempt amount, as determined in subparagraph (ii) of this paragraph,\ntimes the fraction of each fiscal year or years remaining subsequent to\nthe transfer of title. The assessor shall immediately transmit a\nstatement of the pro rata exemption credit due to each municipal\ncorporation which levied taxes or for which taxes were levied on the tax\nroll used for the fiscal year or years during which the transfer\noccurred and to the applicant.\n  (iv) Each municipal corporation which receives notice of pro rata\nexemption credits pursuant to this subdivision shall include an\nappropriation in its budget for the next fiscal year equal to the\naggregate amount of such credits to be applied in that fiscal year.\nWhere a parcel, the owner of which is entitled to a pro rata exemption\ncredit, is subject to taxation in said next fiscal year, the receiver or\ncollector shall apply the credit to reduce the amount of taxes owed for\nthe parcel in such fiscal year. Pro rata exemption credits in excess of\nthe amount of taxes, if any, owed for the parcel shall be paid by the\ntreasurer of a municipal corporation which levies such taxes for or on\nbehalf of the municipal corporation to all owners of property entitled\nto such credits within thirty days of the expiration of the warrant to\ncollect taxes in said next fiscal year. Notwithstanding the foregoing,\nwhere the municipal corporation has been reimbursed by another municipal\ncorporation for the tax credit to be paid to the owner pursuant to this\nsubdivision, such credit shall be paid to such municipal corporation\ninstead of such owner.\n  (b) (i) Notwithstanding the provisions of this section, where a\nnonprofit organization that meets the requirements for an exemption\npursuant to this section, purchases property after the taxable status\ndate but prior to the levy of taxes, such nonprofit organization may, if\npermitted by a local law, ordinance or resolution of the municipal\ncorporation in which the nonprofit organization is located, file an\napplication for an exemption with the assessor within thirty days of the\ntransfer of title to such nonprofit organization. The assessor shall\nmake a determination within thirty days after receipt of such\napplication of whether the applicant would qualify for an exemption\npursuant to this section on the assessment roll if title had been in the\nname of the applicant on the taxable status date applicable to such\nassessment roll. The application shall be made on a form prescribed by\nthe commissioner.\n  (ii) If the assessor's determination is made prior to the filing of\nthe tentative assessment roll, the assessor shall enter the exempt\namount, if any, on the tentative assessment roll and, within ten days\nafter filing such roll, notify the applicant of the approval or denial\nof such exemption, the exempt amount, if any, and the applicant's right\nto review by the board of assessment review.\n  (iii) If the assessor's determination is made after the filing of the\ntentative assessment roll, the assessor shall petition the board of\nassessment review to correct the tentative or final assessment roll in\nthe manner provided in title three of article five of this chapter, with\nrespect to unlawful entries, in the case of wholly exempt parcels, and\nwith respect of clerical errors, in the case of partially exempt\nparcels, if the assessor determines that an exemption should be granted\nand, within ten days of petitioning the board of assessment review,\nnotify the applicant of the approval or denial of such exemption, the\namount of such exemption, if any, and the applicant's right to\nadministrative or judicial review of such determination pursuant to\narticle five or seven of this chapter, respectively.\n  (c) If, for any reason, a determination to exempt property from\ntaxation as provided in paragraph (b) of this subdivision is not entered\non the final assessment roll, the assessor shall petition the board of\nassessment review to correct the final assessment roll.\n  (d) If, for any reason, the pro rata tax credit as provided in\nparagraph (a) of this subdivision is not extended against the tax roll\nimmediately succeeding the fiscal year during which the transfer\noccurred, the assessor shall immediately notify the municipal\ncorporation which levied the tax or for which the taxes were levied of\nthe amount of pro rata exemption credits for the year in which such\ntransfer occurred. Such municipal corporation shall proceed as provided\nin subparagraph (iv) of paragraph (a) of this subdivision.\n  (e) If, for any reason, a determination to exempt property from\ntaxation as provided in paragraph (b) of this subdivision is not entered\non the tax roll for the year immediately succeeding the fiscal year\nduring which the transfer occurred, the assessor shall determine the pro\nrata tax exemption credit for such tax roll by multiplying the tax rate\nor tax rates for each municipal corporation which levied taxes or for\nwhich taxes were levied times the exempt amount and shall immediately\nnotify such municipal corporation or corporations of the pro rata\nexemption credits for such tax roll. Such municipal corporation shall\nadd such pro rata exemption credits for such property to any outstanding\npro rata exemption amounts and proceed as provided in subparagraph (iv)\nof paragraph (a) of this subdivision.\n
N.Y. RPT Law § 485-K — New York Code / Act RPT / Article 4 / Title 2 / Section 485-K
Residential investment exemption; certain school districts
Status: in_force

§ 485-k. Residential investment exemption; certain school districts.\n1.  Residential real property constructed on or after the first day of\nJanuary, two thousand five in school districts which serve a city with a\npopulation of not less than sixty thousand six hundred and not more than\nsixty-one thousand may be exempt from school district taxation as\nprovided in this section.\n  2. (a) (i) Such real property shall be exempt for a period of one year\nto the extent of fifty per centum of the increase in assessed value\nthereof attributable to such construction and for an additional period\nof nine years provided, however, that the extent of such exemption shall\nbe decreased by five per centum each year during such additional period\nof nine years and such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be the increase in assessed\nvalue as determined in the initial year of such ten year period\nfollowing the filing of an original application, except as provided in\nsubparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives the\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the\nschool district tax exemption:\n      Year of exemption                      Percentage of exemption\n              1                                        50\n              2                                        45\n              3                                        40\n              4                                        35\n              5                                        30\n              6                                        25\n              7                                        20\n              8                                        15\n              9                                        10\n             10                                         5\n  (b) No such exemption shall be granted unless:\n  (i) such construction was commenced on or after the first day of\nJanuary, two thousand five or such later date as may be specified by\nresolution;\n  (ii) the residential real property is situate in a school district\nwhich serves a city with a population of not less than sixty thousand\nsix hundred and not more than sixty-one thousand;\n  (iii) the cost of such construction exceeds the sum of sixty thousand\ndollars or such greater amount as may be specified; and\n  (iv) such construction is completed as may be evidenced by a\ncertificate of occupancy or other appropriate documentation as provided\nby the owner.\n  (c) For purposes of this section the term construction shall not\ninclude ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a school district which\nserves a city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand on or before the\nappropriate taxable status date of such school district and within one\nyear from the date of completion of such construction.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation by a school district which serves a city with a population of\nnot less than sixty thousand six hundred and not more than sixty-one\nthousand as provided in this section commencing with the assessment roll\nprepared after the taxable status date referred to in subdivision three\nof this section. The assessed value of any exemption granted pursuant to\nthis section shall be entered by the assessor on the assessment roll\nwith the taxable property, with the amount of the exemption shown in a\nseparate column.\n  5. The provisions of this section shall apply to real property used as\nthe primary residence of the owner.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  7. A school district which serves a city with a population of not less\nthan sixty thousand six hundred and not more than sixty-one thousand\nmay, by resolution, reduce the per centum of exemption otherwise allowed\npursuant to this section; provided, however, that a project in course of\nconstruction and exemptions existing prior in time to passage of any\nsuch resolution shall not be subject to any such reduction so effected.\nSuch school district upon reduction of the per centum of exemption\npursuant to this subdivision may thereafter, by resolution, increase the\nper centum of exemption up to any per centum not exceeding the maximum\nallowed by subdivision two of this section, whichever is applicable,\nprovided, however, that any such resolution shall apply only to\nconstruction commenced subsequent to the effective date of such\nresolution. A copy of all such resolutions shall be filed with the\ncommissioner and the assessor of the school district.\n  8. A school district which serves a city with a population of not less\nthan sixty thousand six hundred and not more than sixty-one thousand\nmay, by resolution, establish a date for the commencement of\neffectiveness of exemption offered pursuant to this section and may\nprovide that the provisions of this section shall apply only to\nconstruction having a greater value than that specified by subdivision\ntwo of this section, provided, however, that such amount shall not\nexceed three hundred twenty-five thousand dollars.\n  9. (a) A school district which serves a city with a population of not\nless than sixty thousand six hundred and not more than sixty-one\nthousand may, by resolution, establish a board to be known as the\nresidential incentive board. The membership and composition of such\nboard shall be set forth in the resolution.\n  (b) The residential incentive board shall present a plan to the board\nof education of a school district which serves a city with a population\nof not less than sixty thousand six hundred and not more than sixty-one\nthousand concerning the various types of residential real property which\nshould be granted eligibility for an exemption pursuant to subdivision\none of this section. Such plan shall make a recommendation as to whether\nthe exemption be computed as provided in subdivision two of this\nsection. In addition, such plan shall identify specific geographic areas\nwithin which such exemptions should be offered. In developing the plan\nrequired by this paragraph, the board shall consider the planning\nobjectives of a school district which serves a city with a population of\nnot less than sixty thousand six hundred and not more than sixty-one\nthousand, the necessity of the exemption to the attraction or retention\nof home owners and the economic benefit to the area of providing\nexemptions to home owners.\n  (c) In addition, the board may make recommendations to the school\nboard of a school district which serves a city with a population of not\nless than sixty thousand six hundred and not more than sixty-one\nthousand with respect to actions it deems desirable to improve the\neconomic climate therein.\n  10. If a school district which serves a city with a population of not\nless than sixty thousand six hundred and not more than sixty-one\nthousand establishes a residential incentive board, pursuant to\nsubdivision nine of this section, such school district may, by\nresolution, restrict real property eligible to receive the exemption to\nreal property constructed for those purposes identified in the plan\npresented by the board. Such resolution shall restrict the availability\nof such exemption to the specific geographic areas identified in the\nplan presented by the board.\n
N.Y. PBA Law § 3866-A — New York Code / Act PBA / Article 10-D / Title 2 / Section 3866-A
Agreement with the county
Status: in_force

§ 3866-a. Agreement with the county. 1. The county does hereby\ncovenant and agree with the holders of any issue of bonds, notes or\nother obligations issued by the authority pursuant to this title and\nsecured by such covenant and agreement that the county will not limit,\nalter or impair the rights hereby vested in the authority to fulfill the\nterms of any agreements made with such holders pursuant to this title,\nor in any way impair the rights and remedies of such holders or the\nsecurity for such bonds, notes or other obligations until such bonds,\nnotes or other obligations, together with the interest thereon and all\ncosts and expenses in connection with any action or proceeding by or on\nbehalf of such holders are fully paid and discharged. The authority is\nauthorized to include this covenant and agreement of the county in any\nagreement with the holders of such bonds, notes or other obligations.\nNothing contained in this title shall be deemed to restrict any right of\nthe county to amend, modify, repeal or otherwise alter any local laws,\nordinances or resolutions imposing or relating to taxes or fees, or\nappropriations relating to such taxes or fees, or setting aside net\ncollections for educational purposes pursuant to the authority of\nsubdivision (a) of section twelve hundred sixty-two of the tax law, so\nlong as, after giving effect to such amendment, modification or other\nalteration, the aggregate amount as then projected by the authority of\n(i) sales and compensating use taxes to be imposed pursuant to the\nauthority of section twelve hundred ten of the tax law and paid to the\ncity and (ii) all net collections for educational purposes to be set\naside by the county pursuant to the authority of subdivision (a) of\nsection twelve hundred sixty-two of the tax law and paid to the city's\ndependent school district during each of the authority's fiscal years\nfollowing the effective date of such amendment, modification or other\nalteration shall be not less than two hundred percent of maximum annual\ndebt service on authority bonds then outstanding. Notwithstanding\nanything to the contrary in this section, the county further agrees that\nit shall impose taxes pursuant to the authority of subdivision (a) of\nsection twelve hundred ten of the tax law at the rate of no less than\nthree percent.\n  2. The authority shall not include within any resolution, contract or\nagreement with holders of the bonds, notes or other obligations issued\nunder this title any provision which provides that a default occurs as a\nresult of the county exercising its right to amend, repeal, modify or\notherwise alter such taxes, fees or appropriations or such net\ncollections set aside for educational purposes. Nothing in this title\nshall be deemed to obligate the county to make any payments or impose\nany taxes or set aside net collections for educational purposes pursuant\nto the authority of subdivision (a) of section twelve hundred sixty-two\nof the tax law; except that the county shall impose taxes pursuant to\nthe authority of subdivision (a) of section twelve hundred ten of the\ntax law at the rate of no less than three percent.\n
N.Y. ELN Law § 6-208 — New York Code / Act ELN / Article 6 / Title 2 / Section 6-208
Petitions, qualifications of signers
Status: in_force

§ 6-208. Petitions, qualifications of signers. Any village resident\nwho is a registered voter of the village and, in the case of a\ndesignating petition, an enrolled member of the party filing the\npetition may sign an independent nominating petition or a designating\npetition providing that: (a) such signature was made not more than six\nweeks prior to the last day to file such petition; (b) he has not signed\nmore than one petition designating or nominating a candidate for mayor\nor village justice. If he has signed more than one such petition, only\nthe earliest signature for each such office shall be valid; (c) he has\nnot signed more than one petition designating or nominating a candidate\nfor each vacancy which exists for the office of village trustee or\nvillage justice if the village has provided for two such justices. If he\nhas signed more than one such petition for each such vacancy, only the\nearlier signatures shall be valid; or (d) he does not vote at a primary\nelection or party caucus where a candidate was nominated for the same\noffice for each such vacancy.\n
N.Y. ELN Law § 17-210 — New York Code / Act ELN / Article 17 / Title 2 / Section 17-210
Preclearance
Status: in_force

§ 17-210. Preclearance. 1. Preclearance. To ensure that the right to\nvote is not denied or abridged on account of race, color, or\nlanguage-minority group, the enactment or implementation of a covered\npolicy by a covered entity, as defined in subdivisions two and three of\nthis section respectively, shall be subject to preclearance by the civil\nrights bureau or by a designated court as set forth in this section.\n  2. Covered policies. A "covered policy" shall include any new or\nmodified voting qualification, prerequisite to voting, law, ordinance,\nstandard, practice, procedure, regulation, or policy concerning any of\nthe following topics:\n  (a) Method of election;\n  (b) Form of government;\n  (c) Annexation of a political subdivision;\n  (d) Incorporation of a political subdivision;\n  (e) Consolidation or division of political subdivisions;\n  (f) Removal of voters from enrollment lists or other list maintenance\nactivities;\n  (g) Number, location, or hours of any election day or early voting\npoll site;\n  (h) Dates of elections and the election calendar, except with respect\nto special elections;\n  (i) Registration of voters;\n  (j) Assignment of election districts to election day or early voting\npoll sites;\n  (k) Assistance offered to members of a language-minority group; and\n  (l) Any additional topics designated by the civil rights bureau\npursuant to a rule promulgated under the state administrative procedure\nact, upon a determination by the civil rights bureau that a new or\nmodified voting qualification, prerequisite to voting, law, ordinance,\nstandard, practice, procedure, regulation, or policy concerning such\ntopics may have the effect of denying or abridging the right to vote on\naccount of race, color, or language-minority group.\n  3. Covered entity. A "covered entity" shall include: (a) any political\nsubdivision which, within the previous twenty-five years, has become\nsubject to a court order or government enforcement action based upon a\nfinding of any violation of this title, the federal voting rights act,\nthe fifteenth amendment to the United States constitution, or a\nvoting-related violation of the fourteenth amendment to the United\nStates constitution; (b) any political subdivision which, within the\nprevious twenty-five years, has become subject to at least three court\norders or government enforcement actions based upon a finding of any\nviolation of any state or federal civil rights law or the fourteenth\namendment to the United States constitution concerning discrimination\nagainst members of a protected class; (c) any county in which, based on\ndata provided by the division of criminal justice services, the combined\nmisdemeanor and felony arrest rate of voting age members of any\nprotected class consisting of at least ten thousand citizens of voting\nage or whose members comprise at least ten percent of the citizen voting\nage population of the county, exceeds the proportion that the protected\nclass constitutes of the citizen voting age population of the county as\na whole by at least twenty percentage points at any point within the\nprevious ten years; (d) any political subdivision in which, based on\ndata made available by the United States census, the dissimilarity index\nof any protected class consisting of at least twenty-five thousand\ncitizens of voting age or whose members comprise at least ten percent of\nthe citizen voting age population of the political subdivision, is in\nexcess of fifty with respect to non-Hispanic white individuals within\nthe political subdivision at any point within the previous ten years;\n(e) any political subdivision in which a board of elections has been\nestablished, if such political subdivision contains a covered entity\nfully within its borders; or (f) any board of elections that has been\nestablished in a political subdivision that is a covered entity pursuant\nto paragraph (a), (b), (c), (d) or (e) of this subdivision.\n  4. Preclearance by the attorney general. A covered entity may obtain\npreclearance for a covered policy from the civil rights bureau pursuant\nto the following process:\n  (a) The covered entity shall submit the covered policy in writing to\nthe civil rights bureau. If the covered entity is a county or city board\nof elections, it shall contemporaneously provide a copy of the covered\npolicy to the state board of elections.\n  (b) Upon submission of a covered policy for preclearance, as soon as\npracticable but no later than within ten days, the civil rights bureau\nshall publish the submission on its website.\n  (c) After publication of a submission, there shall be an opportunity\nfor members of the public to comment on the submission to the civil\nrights bureau within the time periods set forth below. To facilitate\npublic comment, the civil rights bureau shall provide an opportunity for\nmembers of the public to sign up to receive notifications or alerts\nregarding submission of a covered policy for preclearance.\n  (d) Upon submission of a covered policy for preclearance, the civil\nrights bureau shall review the covered policy, and any public comment,\nand shall, within the time periods set forth below, provide a report and\ndetermination as to whether, under this title, preclearance should be\ngranted or denied to the covered policy. Such time period shall run\nconcurrent with the time periods for public comment. The civil rights\nbureau shall not make such determination until the period for public\ncomment is closed. The civil rights bureau may request additional\ninformation from a covered entity at any time during its review to aid\nin developing its report and recommendation. The failure to timely\ncomply with reasonable requests for more information may be grounds for\nthe denial of preclearance. The civil rights bureau's reports and\ndetermination shall be posted publicly on its website.\n  (e) In any determination as to preclearance, the civil rights bureau\nshall identify in writing whether it is approving or rejecting the\ncovered policy; provided, however, that the civil rights bureau may, in\nits discretion, designate preclearance as "preliminary" in which case\nthe civil rights bureau may deny preclearance within sixty days\nfollowing the receipt of submission of the covered policy.\n  (i) The civil rights bureau shall grant preclearance only if it\ndetermines that the covered policy will not diminish the ability of\nprotected class members to participate in the political process and to\nelect their preferred candidates to office. If the civil rights bureau\ngrants preclearance, the covered entity may enact or implement the\ncovered policy immediately.\n  (ii) If the civil rights bureau denies preclearance, the civil rights\nbureau shall interpose objections explaining its basis and the covered\npolicy shall not be enacted or implemented.\n  (iii) If the civil rights bureau fails to respond within the required\ntime frame as established in this section, the covered policy shall be\ndeemed precleared and the covered entity may enact or implement such\ncovered policy.\n  (f) The time periods for public comment, civil rights bureau review,\nand the determination of the civil rights bureau to grant or deny\npreclearance on submission shall be as follows:\n  (i) For any covered policy concerning the designation or selection of\npoll sites or the assignment of election districts to poll sites,\nwhether for election day or early voting, the period for public comment\nshall be five business days. The civil rights bureau shall review the\ncovered policy, including any public comment, and make a determination\nto deny or grant preclearance for such covered policy within fifteen\ndays following the receipt of such covered policy.\n  (ii) The civil rights bureau may invoke an extension of up to twenty\ndays to make a determination pursuant to this paragraph, if the civil\nrights bureau determines that good cause exists for such extension.\n  (iii) For any other covered policy, the period for public comment\nshall be ten business days. The civil rights bureau shall review the\ncovered policy, including any public comment, within fifty-five days\nfollowing the receipt of such covered policy and make a determination to\ndeny or grant preclearance for such covered policy. The civil rights\nbureau may invoke up to two extensions of ninety days each.\n  (iv) The civil rights bureau is hereby authorized to promulgate rules\nfor an expedited, emergency preclearance process in the event of a\ncovered policy occurring during or imminently preceding an election as a\nresult of any disaster within the meaning of section 3-108 of this\nchapter or other exigent circumstances. Any preclearance granted under\nthis provision shall be designated "preliminary" and the civil rights\nbureau may deny preclearance within sixty days following receipt of the\ncovered policy.\n  (g) Appeal of any denial by the civil rights bureau may be heard in\nthe supreme court for the county of New York or the county of Albany in\na proceeding commenced against the civil rights bureau, pursuant to\narticle seventy-eight of the civil practice law and rules, from which\nappeal may be taken according to the ordinary rules of appellate\nprocedure. Due to the frequency and urgency of elections, actions\nbrought pursuant to this section shall be subject to expedited pretrial\nand trial proceedings and receive an automatic calendar preference on\nappeal.\n  5. Preclearance by a designated court. A covered entity may obtain\npreclearance for a covered policy from a court pursuant to the following\nprocess:\n  (a) The covered entity shall submit the covered policy in writing to\nthe following designated court in the judicial department within which\nthe covered entity is located: (i) first judicial department: New York\ncounty; (ii) second judicial department: Westchester county; (iii) third\njudicial department: Albany county; and (iv) fourth judicial department:\nErie county. If the covered entity is a county or city board of\nelections, it shall contemporaneously provide a copy of the covered\npolicy to the state board of elections.\n  (b) The covered entity shall contemporaneously provide a copy of the\ncovered policy to the civil rights bureau. The failure of the covered\nentity to provide a copy of the covered policy to the civil rights\nbureau will result in an automatic denial of preclearance.\n  (c) The court shall grant or deny preclearance within sixty days\nfollowing the receipt of submission of the covered policy.\n  (d) The court shall grant preclearance only if it determines that the\ncovered policy will not diminish the ability of protected class members\nto participate in the political process and to elect their preferred\ncandidates to office. If the court grants preclearance, the covered\nentity may enact or implement the covered policy immediately.\n  (e) If the court denies preclearance, or fails to respond within sixty\ndays, the covered policy shall not be enacted or implemented.\n  (f) Appeal of any denial may be taken according to the ordinary rules\nof appellate procedure. Due to the frequency and urgency of elections,\nactions brought pursuant to this section shall be subject to expedited\npretrial and trial proceedings and receive an automatic calendar\npreference on appeal.\n  6. Failure to seek or obtain preclearance. If any covered entity\nenacts or implements a covered policy without seeking preclearance\npursuant to this section, or enacts or implements a covered policy\nnotwithstanding the denial of preclearance, either the civil rights\nbureau or any other party with standing to bring an action under this\ntitle may bring an action to enjoin the covered policy and to seek\nsanctions against the political subdivision and officials in violation.\n  7. Notification. (a) Any political subdivision that becomes subject to\na court order or government enforcement action as provided in paragraph\n(a) or (b) of subdivision three of this section shall notify the civil\nrights bureau within thirty days of the issuance of such order or\nenforcement action.\n  (b) Any political subdivision that becomes involved in litigation\nconcerning voting shall notify the civil rights bureau within thirty\ndays of the commencement of such litigation.\n  (c) No more than thirty days after publication of a list of covered\nentities by the civil rights bureau, each covered entity included in\nsuch list shall notify the civil rights bureau of the name, email\naddress, and telephone number of an individual with the authority to\nsubmit covered policies for preclearance on behalf of the covered\nentity. Each such covered entity shall notify the civil rights bureau\nwithin thirty days of any material change to the information required\npursuant to this paragraph.\n
N.Y. ENV Law § 57-0213 — New York Code / Act ENV / Article 57 / Title 2 / Section 57-0213
Defense, attorneys' fees, court costs
Status: in_force

§ 57-0213. Defense, attorneys' fees, court costs.\n  1. For each town adopting a local law implementing regulations in the\nprotection areas consistent with this title, there shall be a defense by\nthe state against any damages, losses, costs, or expenses of any kind or\nnature incurred or suffered by such town or its agents, servants,\nofficials or employees, in the event of legal actions or proceedings\nbrought against the town or its agents, servants, officials, or\nemployees that may result from the municipal acquisition of land or the\nadoption or implementation of a local law consistent with this title.\n  2. The state shall pay reasonable attorneys' fees and court costs\nincurred by each town in connection with such legal actions or\nproceedings, including any appeal.\n  3. Such defense shall be conditioned upon:\n  (a) delivery by the town board or its agent, servant, official or\nemployee against whom the legal action or proceeding was commenced to\nthe attorney general or an assistant attorney general at an office of\nthe department of law in the state, the original or a copy of any\nsummons, complaint, process, notice, demand, or pleading within thirty\ndays after such document is served upon the town board or such other\nparty; and\n  (b) the full cooperation of the town board or such other party against\nwhom the action or proceeding was commenced in the defense of such\naction or proceeding and in defense of any action or proceeding against\nthe state based upon the same act or omission, and in the prosecution of\nany appeal.\n
N.Y. PBH Law § 1523 — New York Code / Act PBH / Article 15 / Title 2 / Section 1523
County mosquito control commission; legal entity
Status: in_force

§ 1523. County mosquito control commission; legal entity.  From and\nafter the appointment, qualification and organization of its members the\ncounty mosquito control commission shall become and be a body corporate\nand politic, under the name given in such petition, and by such name and\nstyle may sue, be sued, execute contracts, have a corporate seal, and\nshall have all powers herein conferred upon it within the county wherein\nit is appointed.\n