N.Y. RPT Law § 712 — New York Code / Act RPT / Article 7 / Title 1 / Section 712
Answer
Status: in_force

§ 712. Answer.  1. The respondent shall serve a verified answer upon\nthe petitioner at least five days prior to the return day unless the\ntime to serve such answer has been extended by the parties or the court\nfor good cause shown; provided, however, that if the respondent fails to\nserve such answer within the required time, all allegations of the\npetition shall be deemed denied.  A motion to dismiss the petition shall\nnot be denied merely on the ground that an answer has been deemed made.\n  2.  The respondent shall not be required to attach the original\nassessment roll or other original papers acted upon by him, but it shall\nbe sufficient to incorporate the same by reference in the answer.\n  2-a. After receiving a copy of the petition and notice, any school\ndistrict, except a school district governed by article fifty-two of the\neducation law, or a school district in a special assessing unit as\ndefined in article eighteen of this chapter which is not a city, or a\nschool district in a county governed by chapter three hundred eleven of\nthe laws of nineteen hundred twenty as amended by chapter one hundred\nthirty of the laws of nineteen hundred thirty-five, may become a party\nin the proceeding initiated by petitioner to review its tax assessment,\nby serving a verified answer upon the petitioner and respondent or by\nserving a copy of the "notice of appearance", as described herein, upon\nthe petitioner and respondent at least five days prior to the return\ndate unless the time to serve such answer has been extended by the\nparties or by the court for good cause shown or unless the school\ndistrict did not receive the notice at least twenty days prior to the\nreturn date, in which case the school district shall have twenty days\nfrom the receipt of notice to intervene as a respondent in the\nproceeding.  In the event the school district serves a copy of the\n"notice of appearance" upon the petitioner and respondent, for purposes\nof the action, all allegations of the petition shall be deemed denied by\nthe school district.\n  2-b. The "notice of appearance" described in subdivision two-a of this\nsection shall include the following items: the caption of the case and\nindex number, a statement of the intent of the school district to\nintervene in the action, and a statement that this notice is deemed\nsufficient to fulfill the requirements of this section.\n  3.  The provisions of this section shall not apply in a city having a\npopulation of one million or more.\n
N.Y. EDN Law § 390 — New York Code / Act EDN / Title 1 / Article 8-B / Section 390
Definitions
Status: in_force

§ 390. Definitions. Wherever used in this article:\n  1. The term "board" means the board of trustees of the state\nuniversity of New York.\n  2. The term "state university" means the state university of New York\nand the term "community college" means a college established and\noperated under article one hundred twenty-six of this chapter.\n  3. The term "eligible employees" means those employees in positions\nrequiring the performance of educational functions in teacher education,\nagriculture, home economics, forestry, ceramics, liberal and applied\narts and sciences, engineering, technical skills, crafts, business\neducation, labor and industrial relations, medicine, dentistry,\nveterinary medicine, pharmacy, nursing, law, public affairs, maritime\nofficer training, academic administration, library service, student\nactivities, student personnel service and other professions required to\ncarry on the work of the state university and the colleges, schools,\ninstitutes, research centers, facilities and institutions comprising it\nand of the community colleges. Such positions in the state university,\nincluding those at the state colleges of agriculture, home economics,\nveterinary medicine or industrial and labor relations, the state\nagricultural experiment station at Geneva, or any other institution or\nagency under the management and control of Cornell university as\nrepresentative of the board, and at the state college of ceramics under\nthe management and control of Alfred university as the representative of\nthe board, and such positions in the community colleges shall be those\ncertified to the board by the chancellor of state university as\nrequiring the performance of such functions. No person receiving a\nbenefit by reason of his retirement from any retirement or pension\nsystem of New York state or any political subdivision thereof shall be\neligible to elect the optional retirement program.\n  3-a. Beginning July first, two thousand thirteen, the term "eligible\nemployees" shall also mean any person excluded from or not encompassed\nwithin a negotiating unit within the meaning of article fourteen of the\ncivil service law who would otherwise be entitled to receive a benefit\nunder the retirement and social security law or the education law\ninitially hired on or after July first, two thousand thirteen with\nestimated annual wages of seventy-five thousand per annum or greater.\nSuch estimate of annual wages to determine eligibility for the purposes\nof this subdivision shall be provided by the employer. For the purposes\nof this subdivision, a newly hired state employee whose immediate\npreceding employment was with another department, division, or agency of\nthe state shall not be deemed to be an eligible employee.\n  4. The term "optional retirement program" means the retirement program\nestablished pursuant to this article.\n  5. The term "electing employee" shall mean any eligible employee who\nexercises his election pursuant to this article to come under the\noptional retirement program.\n  6. The term "salary" means all amounts paid by or for the state as\ncompensation for services rendered by an eligible employee holding a\nposition with the state university or by or for a community college as\ncompensation for services rendered by an eligible employee holding a\nposition at such college.\n  7. The term "insurer" shall mean a life insurance corporation, or\nother corporation subject to department of financial services\nsupervision.\n  8. The term "electing employer" means a community college which elects\nto offer the optional retirement program as herein provided.\n  8-a. Beginning July first, two thousand thirteen, the term "electing\nemployer" shall also mean any public employer within the state of New\nYork that employs one or more employees who have elected to participate\nin the optional retirement program established pursuant to this article.\n  9. The term "local sponsor" means any city, county, intermediate\nschool district, or school district approved by the board, sponsoring or\nparticipating in the establishment or operation of a community college.\n
N.Y. EDN Law § 451 — New York Code / Act EDN / Title 1 / Article 10 / Section 451
Statement of legislative findings and purposes
Status: in_force

§ 451. Statement of legislative findings and purposes. There is\nthreatened in the city of New York a serious shortage of elementary and\nsecondary school buildings under the jurisdiction of the board of\neducation of the city of New York. This shortage is occasioned by the\nage and obsolescence of many existing school buildings, the large number\nof new school buildings that are needed in various areas of the city of\nNew York, the scarcity and high cost of available land in the areas\nwhere such schools are needed, the typical under-utilization of land by\nelementary and secondary school buildings and the existing limitations\non the amount of state and city funds available for the construction of\nsuch buildings.\n  In order to facilitate the timely construction of such school\nbuildings in combination with other compatible and lawful uses, which\ncombination would provide a highly desirable and economic utilization of\navailable land, there should be created a corporate governmental agency\nof the state, constituting a public benefit corporation, to be known as\nthe "New York city educational construction fund," which could receive\nand administer moneys for the construction and improvement of elementary\nand secondary school buildings in the city of New York and whose\nprincipal purpose would be the timely and responsive provision of such\ncombined occupancy structures in accordance with the foreseeable needs\nof the city of New York for additional or replacement elementary and\nsecondary educational facilities and the desirability of facilitating\nmaximum and appropriate utilization of available land. In order to\nencourage the investment of private capital in such combined occupancy\nstructures and enable the construction of additional school facilities\nwithin existing financial limitations through the utilization of\nincidental revenue produced thereby, the New York city educational\nconstruction fund should be empowered, through the issuance of its\nbonds, notes or other obligations to the private investing public, to\nobtain a portion of the funds necessary to finance the construction of\nthe school portion of such structures and to apply the revenues received\nfrom both the school and non-school portions thereof to the payment of\nsuch bonds, notes or other obligations. In furtherance of these\npurposes, the creation, continued operation and solvency of the New York\ncity educational construction fund, including the maintenance of the\ncapital reserve fund provided for in subdivision one of section four\nhundred sixty-two of this article, is hereby declared to be a school\npurpose for which public monies may be appropriated, apportioned and\nexpended.\n  While responsibility for the educational affairs of the city school\ndistrict of the city of New York, including the selection of school\nsites and the design and construction of school facilities, must\ncontinue in the board of education of the city of New York, title to\nsuch sites and the school facilities constructed thereon pursuant to\nthis article should be vested in the fund in order to facilitate the\nexercise of its powers.\n
N.Y. EDN Law § 316 — New York Code / Act EDN / Title 1 / Article 7 / Section 316
Teacher resource and computer training centers
Status: in_force

§ 316. Teacher resource and computer training centers. 1. As used in\nthis section, unless another meaning clearly appears from the context:\n  a. "Teacher resource and computer training center" means any site\noperated by a school district, board of cooperative educational services\nor a consortium of school districts and/or boards of cooperative\neducational services which is specifically established pursuant to this\nsection to provide professional support services to teachers within the\nstate in order to:\n  (1) assist teachers, diagnose learning needs, experiment with the use\nof multiple instructional approaches, assess student outcomes, assess\nstaff development needs and plans, and train other school personnel in\neffective pedagogical approaches;\n  (2) provide demonstration and training sites where teachers are\ntrained, specifically in the use of computers as teaching aids; the\ncriteria for school acquisition and use of computer equipment and\nsoftware; and the evaluation of computer-related materials;\n  (3) develop and produce curricula and curricular materials designed to\nmeet the educational needs of students being served through application\nof educational research or new or improved methods, practices, and\ntechniques;\n  (4) provide training to improve the skills of teachers in order to\nenable such teachers to meet the special educational needs of the pupils\nthey serve, and to familiarize such teachers with developments in\ncurriculum formulation and educational research, including the manner in\nwhich the research can be used to improve teaching skills;\n  (5) provide a location where teachers may share resources, ideas,\nmethods and approaches directly related to classroom instruction and\nbecome familiar with current teaching materials and products for use in\ntheir classrooms; and\n  (6) retrain teachers and other educational personnel to become better\nqualified to teach in subject areas necessary to prepare students for\nthe developing high technology era, in the disciplines of mathematics,\nscience and computer technology.\n  b. "Site" for the purposes of this section shall mean the location or\nlocations where the curriculum development and training activities of\nthe teacher resource and computer training center take place.\n  2. In order to provide the school districts and teachers of the state\nwith an opportunity to develop systematic, ongoing in-service training\nprograms, assure the dissemination and application of educational\nresearch developments to classroom instruction and develop new curricula\nand curricular materials specifically designed to meet the educational\nneeds of the students served, the commissioner shall, within available\nstate appropriations and subject to the procedures established in this\nsection, provide funds to school districts and boards of cooperative\neducational services to plan, establish and operate teacher resource and\ncomputer training centers. Any school district or board of cooperative\neducational services requesting such funds shall make application\ntherefor at such time, in such manner, and containing or accompanied by\nsuch information as the commissioner may through this section or by\nregulation require. Applications shall be made within the following\ncategories:\n  (i) a school district with a teacher population of one thousand or\nmore;\n  (ii) a school district with a teacher population of five hundred or\nmore but less than one thousand;\n  (iii) a school district with a teacher population of less than five\nhundred;\n  (iv) a board of cooperative educational services; or\n  (v) a consortium of two or more school districts and/or boards of\ncooperative educational services.\n  3. Each such application shall be reviewed by the state professional\nstandards and practices board for teaching. The board shall in each\ninstance recommend to the commissioner action, as appropriate, including\nspecific reasons when it is negative. Any school district, board of\ncooperative educational services or consortium whose original\napplication is rejected may resubmit a revised application for further\nreview. Notwithstanding any other provision to the contrary, an\napplication to continue a teacher resource center which was in operation\nprior to the nineteen hundred eighty-four--nineteen hundred eighty-five\nschool year shall be deemed automatically approved.\n  4. The commissioner shall establish criteria and standards by which\napplications shall be evaluated which shall include provisions for\nfurnishing technical assistance and information provided by the\ndepartment through the facilities of the proposed teacher resource\ncenter, provided, however, that such criteria and standards shall be\nconsistent with federal regulations which were applicable to teacher\nresource centers in operation during the nineteen hundred eighty-two\ncalendar year.\n  5. Any school district, board of cooperative educational services or\nconsortium having an application approved under this section may\ncollaborate, consult and contract with an approved institution of higher\neducation in New York state to carry out activities under or provide\ntechnical assistance in connection with such application. Each\napplication shall be reviewed by the professional practices subcommittee\nof the state professional standards and practices board for teaching.\n  6. Each teacher resource and computer training center shall be\noperated by a board, the majority of which shall be composed of\nelementary and secondary school teachers representative of teachers\nserved by the teacher resource and computer training center. Teacher\nmembers shall be designated by the collective bargaining agent of the\nteachers served by the teacher resource and computer training center.\nSuch board shall also include individuals designated by the school board\nor board of cooperative educational services served by such center and\nat least one representative designated by the institutions of higher\neducation located in the area served by such center. Such board shall\nalso include at least one parent of an elementary or secondary school\npupil and at least one representative of a business or industry that\nuses, produces or is involved with computer equipment and software.\n  7. The powers and duties of each teacher resource and computer\ntraining center board shall include policy formulation, the employment\nof staff or consultants, budget control and expenditure of funds to\naccomplish the purposes of this section, recommendations for\nsubcontracting to secure technical and other kinds of assistance, and\nany other appropriate managerial or supervisory activities not otherwise\nprohibited by state or local law or regulations of the commissioner.\n  7-a. Notwithstanding any other provision of law, a teacher resource\nand computer training center board may collaborate, consult and contract\nwith a school district or board of cooperative educational services\nwhich is included in the application for the establishment of such\nteacher resource and computer training center for the assignment of\nteachers employed by such school district or board of cooperative\neducational services; provided, however, in such case such teacher shall\ncontinue to accrue all employment rights and benefits, including\nseniority, with the employing school district or board of cooperative\neducational services and the teacher resource and computer training\ncenter board shall reimburse such school district or board of\ncooperative educational services for the services of such teacher.\n  8. Funds provided each school year to school districts and boards of\ncooperative educational services by the commissioner to plan, establish\nand operate teacher resource and computer training centers shall not\nexceed two million dollars per center, except that for the city school\ndistrict for the city of New York such center shall not exceed sixteen\nmillion eight hundred thousand dollars and provided further that each\napproved center shall receive not less than twenty thousand dollars. In\nany year in which there is a statewide increase in funding for teacher\nresource and computer training centers, such increase shall be\ndistributed proportionately among existing centers that have\nsatisfactorily fulfilled the requirements of such centers' current\ngrant. A portion of the increase shall be made available to new\napplicants to establish new teacher centers, and to current teacher\ncenters to develop and implement regional and statewide teacher center\nactivities.\n  9. Evaluation and annual reports. a. Teacher resource and computer\ntraining centers shall provide data annually as prescribed by the\ncommissioner.\n  b. The commissioner shall prepare and submit to the governor, the\ntemporary president of the senate and the speaker of the assembly, not\nlater than May first, nineteen hundred ninety-nine and by the first day\nof January in each year thereafter, a report detailing the financial and\nprogrammatic information for teacher resource and computer training\ncenters. Such report shall, at a minimum, set forth with respect to the\npreceding school year: cost information for individual services provided\nby such centers; numbers of teachers and other staff served, summarized\nin the aggregate, by elementary and secondary school levels, and by home\nschool district; lists of programs and courses offered, including\nidentification of those with credit toward college graduate degrees and\nthose which relate to specific academic areas and higher learning\nstandards; and aggregate expenditure data for the following categories:\nadministration, staff development services, rent and other facilities\ncosts, and other services; and such other information as deemed\nappropriate by the commissioner to assist the commissioner in\nidentifying cost-effective services and programs which may be\nsuccessfully replicated in other centers, school districts and boards of\ncooperative educational services (BOCES). The format for the report\nshall be developed by the commissioner in consultation with school\ndistrict officials, and teacher resource center officials, provided that\nall information in such report shall be displayed on both a statewide\nand individual center basis. Such report shall include changes from the\nyear prior to the report year for each such item for all teacher\nresource and computer training centers and shall be made available to\nother interested parties upon request.\n  c. Funds provided under the teacher resource and computer training\ncenters program may be used to contract with educational organizations\nfor the purpose of conducting a statewide program evaluation. The\nprofessional practices subcommittee of the professional standards and\npractices board shall review and approve grant applications submitted\nfor this purpose.\n
N.Y. PBH Law § 2504-A — New York Code / Act PBH / Article 25 / Title 1 / Section 2504-A
Hepatitis B immunization of a minor
Status: in_force

§ 2504-a. Hepatitis B immunization of a minor. 1. A health care\npractitioner may administer immunization against hepatitis B to a person\nunder the age of eighteen years without the consent or knowledge of the\nparents or guardian of said person, if said person has capacity to\nconsent and consents to the immunization, and said person is housed in a\nstate or local correctional facility.\n  2. For the purposes of this section:\n  (a) the term "health care practitioner" shall mean a person licensed,\ncertified or otherwise authorized to practice under title eight of the\neducation law, acting within his or her lawful scope of practice; and\n  (b) the term "capacity to consent" shall mean an individual's ability,\ndetermined without regard to the individual's age, to understand and\nappreciate the nature and consequences of the proposed immunization, and\nto make an informed decision concerning the immunization.\n
N.Y. ELN Law § 17-168 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-168
Crimes against the elective franchise not otherwise provided for
Status: in_force

§ 17-168. Crimes against the elective franchise not otherwise provided\nfor. Any person who knowingly and wilfully violates any provision of\nthis chapter, which violation is not specifically covered by any of the\nprevious sections of this article, is guilty of a misdemeanor.\n
N.Y. LFN Law § 15.00 — New York Code / Act LFN / Article 2 / Title 1-A / Section 15.00
Indebtedness relative to municipal cooperative activities
Status: in_force

§ 15.00 Indebtedness relative to municipal cooperative activities. a.\nLegislative intent. The provisions of title one-A of article two of this\nchapter are intended to effectuate the provisions of sections one and\ntwo-a of article eight of the constitution, as in force and effect on\nJanuary first, nineteen hundred sixty, in relation to indebtedness\ncontracted, either jointly or severally, for (a) a joint service\ndescribed in section one of such article eight and (b) a joint water,\nsewage or drainage project described in paragraphs B, D and F of section\ntwo-a of such article eight.\n  b. Definitions. As used in this title:\n  1. The term "municipal corporation" means a county outside the city of\nNew York, a city, a town, a village, or a school district.\n  2. The term "municipality" means a county outside the city of New\nYork, a city, a town or a village.\n  3. The term "district," unless a specific type of district is referred\nto, means a county or town improvement district for which the county or\ntown or towns in which such district is located is or are required to\npledge its or their faith and credit for the payment of the principal of\nand interest on all indebtedness to be contracted for the purposes of\nsuch district.\n  4. The term "joint service" means a municipal facility, service,\nactivity or undertaking described in section one of article eight of the\nconstitution, but shall not include any object or purpose the\nindebtedness for which would be subject to the limitations of paragraph\na of section 150.00 of this chapter.\n  5. The term "joint water, sewage or drainage project" means a joint\nproject to provide for a common supply of water, the common conveyance,\ntreatment and disposal of sewage or a common drainage system, as\ndescribed in paragraphs B, D and F of section two-a of article eight of\nthe constitution.\n  6. The term "joint indebtedness" means indebtedness contracted for or\nin relation to a joint service or a joint water, sewage or drainage\nproject and for which the joint faith and credit of the municipal\ncorporations or municipalities would be pledged for the payment thereof.\nSuch term also shall include (a) indebtedness on account of the\nacquisition of real property the title to which has vested in the\nmunicipal corporations or municipalities, or the title to which they\nhave agreed to accept pursuant to a contract therefor, and for which\npayment has not been made, (b) indebtedness arising from contracts and\n(c) involuntary indebtedness incurred in relation to a joint service or\na joint water, sewage or drainage project and for which the municipal\ncorporations or municipalities are jointly liable, where, from the\ncontext of this title, it is evident that indebtedness on account of\nreal property liabilities, contract liabilities and involuntary\nindebtedness are intended to be included within the meaning of the term.\n  7. The term "several indebtedness" means indebtedness contracted for\nor in relation to a joint service or a joint water, sewage or drainage\nproject and for which the faith and credit of a single municipal\ncorporation or municipality would be pledged for the payment thereof.\nSuch term also shall include (a) indebtedness on account of the\nacquisition of real property the title to which has vested in a\nmunicipal corporation or municipality, or in the participating municipal\ncorporations or municipalities, or the title to which it has, or they\nhave, agreed to accept pursuant to a contract therefor, and for which\npayment has not been made, (b) indebtedness arising from contracts and\n(c) involuntary indebtedness incurred in relation to a joint service or\na joint water, sewage or drainage project and for which a municipal\ncorporation or a municipality is not jointly liable, where, from the\ncontext of this title, it is evident that indebtedness on account of\nreal property liabilities, contract liabilities and involuntary\nindebtedness are intended to be included within the meaning of the term.\n  c. Power to contract indebtedness; joint services and joint projects.\n1.  Municipal corporations. Two or more municipal corporations which\nhave agreed to provide a joint service, either directly or on behalf of\na district, pursuant to article five-G of the general municipal law, or\npursuant to any other law enacted by the legislature, may contract\neither joint indebtedness or several indebtedness to provide for such\njoint service. Such indebtedness shall not be contracted, however,\nunless there is an applicable period of probable usefulness prescribed\nin paragraph a of section 11.00 of this chapter under which each of the\nparticipating municipal corporations, acting separately, either directly\nor on behalf of a district, could have issued obligations pursuant to\nthis chapter.\n  2. Municipalities. Two or more municipalities which, either directly\nor on behalf of a district, have agreed to provide a joint water, sewage\nor drainage project pursuant to any law enacted by the legislature may\ncontract either joint indebtedness or several indebtedness to provide\nfor such joint project. Such indebtedness shall not be contracted,\nhowever, unless there is an applicable period of probable usefulness\nprescribed in paragraph a of section 11.00 of this chapter under which\neach of the participating municipalities, acting separately, either\ndirectly or on behalf of a district, could have issued obligations\npursuant to this chapter.\n  3. General provisions. (a) The financing of a joint service or a joint\nwater, sewer or drainage project may include but shall not be limited to\n(1) the acquisition of land and permanent and temporary rights in land,\n(2) the original furnishings, equipment, machinery or apparatus for a\nphysical public betterment or improvement or required for the purposes\nfor which the public betterment or improvement is to be used, and the\nreplacement of such furnishings, equipment, machinery or apparatus, (3)\nthe acquisition, construction, reconstruction, conversion or\nalterations, of, or additions to, buildings, (4) the acquisition of\nmotor vehicles, machinery or apparatus to be used in the work of\nconstructing, reconstructing, converting, altering, or adding to,\nrepairing or maintaining a physical public betterment or removing the\nsnow and ice therefrom, (5) appraisals of real property by experts to\nassist in the assessment thereof for taxation, (6) the payment of\njudgments, claims, awards or sums described in and subject to the\nlimitations of subdivision thirty-three of paragraph a of section 11.00\nand required to be paid because of such joint service or joint water,\nsewage or drainage project, (7) the temporary financing in anticipation\nof the collection of taxes, assessments, rents, rates or charges or the\nreceipt of money as provided in subdivision thirty-six of paragraph a of\nsection 11.00, (8) the financing of the protection of tax liens and\nforeclosure costs described in and subject to the limitations of\nsubdivision thirty-seven of paragraph a of section 11.00 and (9) the\ntemporary financing of miscellaneous expenditures by the issuance of\nbudget notes as provided in subdivision forty of paragraph a of section\n11.00.\n  (b) A municipal corporation shall not contract indebtedness for a\njoint service, and a municipality shall not contract indebtedness for a\njoint water, sewage or drainage project, to a greater extent than it is\nauthorized by law to spend money for any such service or project and\nprovided also that this section shall not relieve any such unit of\ngovernment of any duty imposed by law to include in its annual budget or\ntax levy or otherwise to pay from current funds all or part of any\nexpenditure that it may make for any such service or project.\n  (c) Where the agreement between the municipal corporations or\nmunicipalities in relation to any joint service or any joint water,\nsewage or drainage project does not provide that the indebtedness which\nis to be contracted is to be joint indebtedness, the amounts of\nindebtedness which are to be contracted severally by the parties to the\nagreement shall be in the proportions specified in the agreement. Where\nthe agreement does not provide how the indebtedness shall be contracted,\nand the parties cannot otherwise agree, the indebtedness shall be\ncontracted as joint indebtedness.\n  (d) Any involuntary indebtedness which is incurred because of a joint\nservice or joint water, sewage or drainage project shall, until\nsatisfied, be deemed the joint indebtedness of the parties to the\nagreement. The payment of any such indebtedness, however, may be\nfinanced by the issuance of obligations severally by such parties for\nspecific proportions of the amount thereof according to the terms of the\nagreement. Where the agreement does not provide how such involuntary\nindebtedness shall be financed, and the parties cannot otherwise agree,\nthe obligations issued to finance the payment thereof shall be joint\nindebtedness.\n  (e) Where joint indebtedness is contracted pursuant to the provisions\nof this section the participating municipal corporations or\nmunicipalities, by joint action of their finance boards or their chief\nfiscal officers, as the case may be, may issue obligations pursuant to\nthe provisions of this chapter in the same manner as a single county,\ncity, town, village or school district and shall pledge the joint faith\nand credit of the issuers for the payment of all such indebtedness.\n  (f) Notwithstanding any other provision of this title, or of any other\nprovision of law, in relation to (1) the allocation and apportionment of\njoint indebtedness for the purpose of determining the debt-contracting\npower of a municipal corporation or municipality or (2) the exclusion of\nany such joint indebtedness in determining the debt-contracting power of\na municipal corporation or municipality, the liability of the\nparticipating municipal corporations or municipalities for the payment\nof the principal of an interest on such joint indebtedness shall be a\njoint liability of the participating municipal corporations or\nmunicipalities.\n  (g) Where there has been a pledge of the faith and credit of any\nmunicipal corporation or municipality pursuant to section 100.00 of this\nchapter for the payment of any several indebtedness, or of any joint\nindebtedness, in relation to a joint service or a joint water, sewage or\ndrainage project, provisions shall be made annually by appropriation for\nthe payment of the interest thereon and of the amounts required for the\nredemption thereof in compliance with the provisions of section two of\narticle eight of the constitution. If at any time the respective\nappropriating authorities of any such municipal corporation or\nmunicipality shall fail to make such appropriations, a sufficient sum\nshall be set apart from the first revenues thereafter received and shall\nbe applied to such purposes. The chief fiscal officer of any such\nparticipating municipal corporation or municipality may be required to\nset apart and apply such revenues as aforesaid at the suit of any holder\nof obligations issued for any such indebtedness. All laws requiring the\nwithholding of state aid in the event of the default in the payment of\nthe principal of and interest on indebtedness shall be applicable in the\nevent of a default in the payment of the principal of and interest on\nany such several indebtedness or joint indebtedness.\n  (h) The powers which may be exercised by a finance board in relation\nto such joint indebtedness or several indebtedness shall include, but\nshall not be limited to, the following:\n  1. Determining the period of probable usefulness for any object or\npurpose or class thereof.\n  2. Determining the subdivision of paragraph a of section 11.00 of this\nchapter which applies to any object or purpose or class thereof.\n  3. Authorizing the issuance of bonds and the issuance and renewal of\nbond anticipation notes, capital notes, tax anticipation notes, revenue\nanticipation notes and budget notes subject to the provisions of this\nsection and sections 21.00, 23.00, 24.00, 25.00, 28.00, 29.00, 30.00,\n31.00, 32.00, 33.00, 33.10, 34.00, 35.00, 36.00, 37.00, 38.10, 39.00,\n40.00 and 41.10 of this chapter.\n  4. Prescribing the terms, form and contents of obligations, the place\nof payment thereof, and providing for the sale, execution, issuance and\ndelivery and cancellation thereof subject to the provisions of this\nsection and sections 50.00, 51.00, 52.00, 53.00, 54.00, 55.00, 55.10,\n56.00, 57.00, 58.00, 59.00, 60.00, 61.00, 62.00, 62.10, 63.00 and 63.10\nof this chapter, except as otherwise provided in subparagraph (u) of\nthis subdivision.\n  5. Entering into contracts with a bank or trust company for the place\nof payment of obligations and for the purpose of having a bank or trust\ncompany act as paying agent or as registration agent subject to the\nprovisions of this section and sections 54.00 and 70.00 of this chapter.\n  6. Adopting the procedure specified in sections 80.00 and 81.00 of\nthis chapter which would be requisite to making sections 82.00, 83.00\nand 84.00 of this chapter applicable.\n  7. Repealing or revoking resolutions or certificates authorizing the\nissuance of obligations, subject, however, to the provisions of section\n41.00 of this chapter.\n  8. Refunding of capital notes pursuant to the provisions of section\n91.00 of this chapter, except that the provisions of paragraph b of\nsection 107.00 of this chapter shall not be applicable in any such\nrefunding of joint indebtedness or several indebtedness.\n  9. Reissuing obligations in place of lost, destroyed, partially\ndestroyed or defaced obligations pursuant to section 104.00 of this\nchapter.\n  10. Depositing and investing the proceeds of obligations subject to\nthe provisions of section 165.00 of this chapter.\n  11. Authorizing the temporary use of funds pursuant to section 165.10\nof this chapter.\n  (i) The finance boards of the participating municipal corporations or\nmunicipalities shall provide that the place of payment of bonds or notes\nconstituting joint indebtedness shall be in the office of an appropriate\nofficer of one of the participating municipal corporations or\nmunicipalities if a contract is not made with a bank or trust company as\nthe place of payment as provided in section 54.00 of this chapter.\n  (j) The finance boards of the participating municipal corporations or\nmunicipalities shall designate an appropriate officer of one of the\nparticipating municipal corporations or municipalities as registration\nagent in relation to any bonds or notes constituting joint indebtedness\nif a contract is not entered into with a bank or trust company to act as\nregistration agent as provided in section 70.00 of this chapter. The\nofficer so designated shall perform all of the duties and keep all of\nthe records in relation to such joint indebtedness required by sections\n70.00, 71.00, 72.00, 73.00, 74.00, 75.00 and paragraph d of section\n164.00 of this chapter.\n  (k) The finance board of the participating municipal corporations or\nmunicipalities shall designate an appropriate officer of one of the\nparticipating municipal corporations or municipalities to keep the\nrecord of any bonds or notes constituting joint indebtedness as required\nby section 163.00 of this chapter.\n  (l) Notwithstanding any other provisions of this section, if any power\nof a finance board of any participating municipal corporation or\nmunicipality may be delegated to its chief fiscal officer or to any\nother official or body under any section of this chapter, such chief\nfiscal officer or other official or body may exercise the powers so\ndelegated in relation to matters to which this title and other\nprovisions of this chapter apply.\n  (m) Notwithstanding any other provisions of this section, where any\npower may be delegated to the chief fiscal officers of the participating\nmunicipal corporations or municipalities pursuant to this section, the\nfinance boards of the participating municipal corporations or\nmunicipalities may agree that any such power may be delegated to and\nexercised by one of such chief fiscal officers.\n  (n) Where any action is taken in relation to joint indebtedness for\nwhich the joint faith and credit of the participating municipal\ncorporations or municipalities would be pledged, or in relation to\nobligations issued pursuant to this chapter, the finance boards of each\nof the participating municipal corporations or municipalities must\nseparately authorize such action to be taken, except as otherwise\nprovided in subparagraphs (l) and (m) of this subdivision. Such separate\nauthorization by each such finance board shall be subject to the\nprovisions of this chapter, and of local laws enacted pursuant to this\nchapter, which would be applicable in the event that the object or\npurpose in relation to which action is being taken was the object or\npurpose solely of the county, city, town, village or school district\nwhich the finance board represents.\n  (o) Where the fiscal years of the participating municipal corporations\nor municipalities are not the same and where joint indebtedness is to be\nor has been contracted by the issuance or renewal of tax anticipation\nnotes, revenue anticipation notes, capital notes and budget notes or any\naction is required to be taken in, or limitation is applicable in\nconnection with, a "fiscal year," the finance boards of such\nparticipants may determine that the "fiscal year" for such purposes\nshall be the same as the fiscal year of one of the participants.\n  (p) Notwithstanding the provisions of section 31.00 of this chapter,\nany school district which is a participating municipal corporation in\nrelation to a joint service may, in connection with such joint service,\nadopt one or more bond resolutions or capital note resolutions\nauthorizing the issuance of bonds or capital notes as several\nindebtedness, or may participate in the adoption of any such resolution\nauthorizing the issuance of bonds or capital notes as joint\nindebtedness, for a class of objects or purposes for which objects or\npurposes serial bonds may be issued, subject, however, to the applicable\nprovisions of section 37.00 of this chapter.\n  (q) A bond resolution, a capital note resolution or a budget note\nresolution adopted in compliance with the provisions of sections 32.00\nand 40.00 of this chapter for a joint service or a joint water, sewage\nor drainage project shall state the total amount of the indebtedness\nwhich is to be contracted severally by the issuance of bonds, capital\nnotes or budget notes by each of the participating municipal\ncorporations or municipalities for the object or purpose or class\nthereof set forth in the resolution, or, if joint indebtedness is to be\ncontracted, any such resolution shall set forth the total amount of the\njoint indebtedness which is to be contracted and the amounts which it is\nestimated will be allocated and apportioned to each of the participating\nmunicipal corporations or municipalities for the purpose of ascertaining\ntheir debt-contracting powers.\n  (r) Notices to be published in relation to a mandatory or permissive\nreferendum pursuant to sections 33.10, 35.00, 36.00 and 37.00 of this\nchapter, and notices required to be published in connection with the\nvoting of a special tax or a tax to be collected in installments as a\ncondition precedent to the adoption of a bond resolution for a joint\nservice or joint water, sewage or drainage project, shall state the\ntotal amount of the indebtedness which is to be contracted severally by\nthe issuance of bonds and capital notes by each of the participating\nmunicipal corporations or municipalities for the object or purpose or\nclass thereof for which it is proposed that bonds or capital notes will\nbe issued, or, if joint indebtedness is to be contracted, any such\nnotice shall set forth the total amount of the joint indebtedness which\nis to be contracted and the amounts which it is estimated will be\nallocated and apportioned to each of the participating municipal\ncorporations or municipalities for the purpose of ascertaining their\ndebt-contracting powers.\n  (s) The notice required to be published in an official newspaper\npursuant to section 81.00 of this chapter shall, where joint\nindebtedness is to be incurred, be published in the official newspaper\nor newspapers of each of the participating municipal corporations or\nmunicipalities or if there be no such newspaper or newspapers, then in\none or more newspapers having general circulation in such municipal\ncorporations or municipalities as the finance boards shall designate,\nexcept that where any newspaper is the official newspaper of all of the\nparticipating municipal corporations or municipalities or is the only\nnewspaper designated by the finance boards as a newspaper having general\ncirculation in all of the participating municipal corporations or\nmunicipalities only one notice need be published in any such newspaper.\n  (t) If bonds which would constitute several indebtedness are sold at\nprivate sale pursuant to the provisions of paragraph b of section 63.00\nof this chapter, the amount of such bonds shall be included in any\ncomputation of the total amount of bonds which may be sold at private\nsale in any fiscal year of the issuer.\n  (u) Bonds which would constitute joint indebtedness may be sold at\nprivate sale pursuant to and, except as hereinafter provided, subject to\nthe provisions of paragraph b of section 63.00 of this chapter. The\ntotal amount of such bonds which may be so sold at private sale in any\ncalendar year shall not exceed one million dollars. The limitation of\nparagraph b of section 63.00 in relation to the total amount of bonds\nwhich may be sold at private sale in any fiscal year of the issuer shall\nnot be applicable to bonds sold pursuant to this subparagraph. The\namount of any bonds sold pursuant to this subparagraph shall not be\nincluded in computing the total amount of bonds not constituting joint\nindebtedness which could be sold at private sale in any fiscal year of\nthe issuer pursuant to paragraph b of section 63.00.\n  (v) The provisions of paragraph b of section 107.00 of this chapter in\nrelation to down payment shall not apply in relation to any joint\nservice or joint water, sewage or drainage project which is to be\nfinanced in whole or in part by the issuance of obligations constituting\njoint indebtedness or several indebtedness of the participating\nmunicipal corporations or municipalities.\n  (w) The limitations on the amount of budget notes which may be issued\nin any fiscal year and which are set forth in subdivisions two and three\nof paragraph a of section 29.00 of this chapter and in paragraph i of\nsuch section shall not be applicable to budget notes issued for the\npurposes permitted by such subdivisions two and three of paragraph a and\nsuch paragraph i of section 29.00 and in relation to a joint service or\na joint water, sewage or drainage project. Such budget notes issued for\nsuch purposes shall not affect the power of a county, city, town,\nvillage or school district to issue budget notes for other purposes\nunder such provisions of section 29.00 of this chapter.\n  (x) The provisions of sections 160.00, 160.10, 161.00, 162.00, 165.00,\n166.00, 167.00, 170.00 and 180.00 of this chapter relating to action by\nthe finance board, delegation of powers and duties, negotiability of\nobligations, tax exemption, use of proceeds, inclusive of premiums, from\nthe sale of obligations, legal actions and appeals, powers to adopt\nlocal laws and liberal construction, and all other pertinent provisions\nof this chapter essential to effectuate the objects and purposes of this\ntitle, shall be applicable in relation to the indebtedness and financing\nof a joint service or a joint water, sewage or drainage project, except\nas otherwise expressly provided in this title.\n
N.Y. EDN Law § 140 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 140
Historical documentary heritage grants and aid
Status: in_force

§ 140. Historical documentary heritage grants and aid. 1. Short title.\nThis section shall be known and may be cited as the "New York\ndocumentary heritage act".\n  2. Definitions. As used in this section, the following terms shall\nmean:\n  a. "Historical records". Records that contain significant information\nthat is of enduring value and are therefore worthy of long-term\nretention and systematic management. Historical records may include\ndiaries, journals, ledgers, minutes, reports, photographs, maps,\ndrawings, blueprints, agreements, memoranda, deeds, case files, and\nother material. They may take any of several physical forms: parchment,\npaper, microfilm, cassette tape, film, videotape, computer tapes, discs,\nand other "machine readable" formats.\n  b. "Historical records program". Any deliberate, organized program to\ncollect, hold, care for, and make available historical records,\nincluding identifying, appraising, arranging, describing, and\nreferencing them and using them in exhibitions and other public and\neducational programs.\n  c. "Institutions eligible for historical records program grants".\nChartered or incorporated nonprofit archives, libraries, historical\nsocieties and museums and other nonprofit institutions in New York state\nwhich operate historical records programs and which meet standards to be\nestablished by the commissioner pursuant to regulations adopted for such\npurposes. Institutions operated by state or federal government agencies,\nand local government archives shall not be eligible for historical\nrecords project grants, except that an institution of the state\nuniversity of New York or the city university of New York may apply for\nhistorical records project grants with regard to records other than\ninternal records generated by the institution after July first, nineteen\nhundred forty-eight if it is a component of the state university of New\nYork or after July first, nineteen hundred seventy-nine if it is a\ncomponent of the city university of New York or after the subsequent\ndate on which the institution became a component of such university.\n  d. "Historical records program project". A project to carry out one or\nmore of the activities described in subdivision three of this section.\n  e. "Cooperative project". A collaborative effort undertaken by two or\nmore historical records programs, to meet shared needs or to accomplish\na common purpose, or a project undertaken by a service provider to\naddress the historical records needs of more than one historical records\nprogram.\n  f. "Regional advisory and assistance agency". A reference and research\nlibrary resources system, or an alternate public or nonprofit agency or\norganization willing to provide historical records program development\nadvice and assistance services covering a reference and research library\nresources system region which is acceptable to the commissioner.\n  g. "Historical records program development advice and assistance".\nAdvice and assistance on the development and strengthening of historical\nrecords programs, promotion of cooperation, coordinated documentation\nplanning, training in historical records management techniques, advice\nand assistance in reporting of information concerning historical records\nto statewide and national data bases where appropriate, and initiatives\nto increase public awareness of the values and uses of historical\nrecords.\n  h. "Service provider". A nonprofit professional or other association,\nlocal government, college or university, historical service agency, or\nother nonprofit institution or system which provides services to\nhistorical records programs.\n  i. "Cost sharing". Local funds, local in-kind services, and other\nfunds and support from other than state sources.\n  j. "Program year". The annual period from July first through June\nthirtieth.\n  3. Scope of activities to be supported. The commissioner is authorized\nto provide grants and advice to institutions eligible for historical\nrecords programs and cooperative projects, and aid to regional advisory\nand assistance agencies, the central administration of the state\nuniversity of New York and the central administration of the city\nuniversity of New York. Grants shall be used to support the development\nand administration of historical records programs; the surveying,\nappraisal, identification, collection, duplication, arrangement,\ndescription, and making available of historical records; public and\neducational programming relating to historical records; projects to\nimprove archival techniques; and projects to promote the research use of\nhistorical records. Aid to regional advisory and assistance agencies\nshall be used to promote and assist the development of historical\nrecords programs. Aid to the central administrations of the state\nuniversity of New York and the city university of New York shall be used\nto develop guidelines, policies and procedures, training, technical\nassistance, materials, oversight, retention and disposition schedules\nfor university records, and to promote, guide and direct the component\ninstitutions of such universities in the sound administration of\narchival records.\n  4. Distribution of funds. a. Historical documentary heritage funds\nshall be distributed as follows: (1) Grants. (i) individual historical\nrecords program projects shall be eligible for at least thirty-five\npercent of the amount available;\n  (ii) cooperative projects shall be eligible for up to twenty percent\nof the amount available.\n  (2) Aid. (i) regional advisory and assistance agencies shall be\neligible for forty percent of the amount available;\n  (ii) the central administration of the state university of New York\nshall be eligible for two and one-half percent of the total amount\navailable;\n  (iii) the central administration of the city university of New York\nshall be eligible for two and one-half percent of the total amount\navailable.\n  b. Notwithstanding the provisions of subparagraphs one and two of\nparagraph a of this subdivision, the commissioner, taking into account\nthe recommendations of the New York state historical records advisory\nboard, may distribute funds designated for one purpose to address the\nneeds of another purpose, provided that the commissioner determines that\nthe significance of the contributions to be realized from the proposals\nin one category outweighs the significance of the contributions to be\nrealized from the proposals in another category.\n  5. Cost-sharing. The commissioner shall determine the amount of\ncost-sharing required from historical records programs, including\ncooperative programs. For individual historical records program projects\ninvolving arrangement, description, and other work relating directly to\nthe administration of historical records held by a program, the amount\nof such cost-sharing shall be at least fifty percent.\n  6. Applications for historical records program projects. a. Filing. By\ndates determined by the commissioner each year, an eligible institution\nmay file an application, in a form prescribed by the commissioner, for a\ngrant to support the approved costs of a proposed historical records\nproject.\n  b. Content. Such application shall include, but need not be limited\nto:\n  (1) a statement describing the applicant's need for the funding\nrequested;\n  (2) collection statements and policies used by the institution to\nguide its acquisition efforts;\n  (3) a summary description of the records included in the historical\nrecords program of the institution;\n  (4) the status of finding aids and published guides for the historical\nrecords held by the institution;\n  (5) the current and/or anticipated level of use and audience for the\nhistorical records;\n  (6) the importance of the historical records for documenting life in\nNew York;\n  (7) the expected impact of the grant upon the historical records\nprogram;\n  (8) the plan of work for the activities for which the funding is\nsought;\n  (9) the proposed project budget, including cost-sharing which would be\ncommitted to the project; and\n  (10) the staff and other resources devoted to the institution's\nhistorical records program on an ongoing basis.\n  c. Approval. In approving any application pursuant to this\nsubdivision, the commissioner shall consider:\n  (1) information in the proposal as set forth in paragraph b of this\nsubdivision;\n  (2) the capacity of the institution to make the historical records\nknown and accessible for research, education, public programs, improved\npolicy making and other public benefits;\n  (3) the potential for improving the documentation of the heritage of\nany racial and ethnic group; and\n  (4) the potential for improving the documentation of under documented\nsubjects, institutions, or activities.\n  7. Application for cooperative projects. a. Filing. By dates to be\nestablished by the commissioner each year, a service provider or an\neligible institution acting as fiscal agent on behalf of a group of\neligible institutions, may file an application, in a form prescribed by\nthe commissioner. A group of cooperating institutions may be formed\nbecause of a common purpose, rather than because of geographical\nproximity.\n  b. Content. Such application shall include, but need not be limited\nto:\n  (1) a statement describing the applicant's need for the funding\nrequested;\n  (2) a description of the issue, problem, or need that the project will\naddress;\n  (3) a description of the historical records programs to be served and\nhow the effort to be undertaken in a cooperative project relates to and\nwill strengthen these programs;\n  (4) description of the plan of work for the project;\n  (5) outcome or product of the project and how it will improve the\nidentification and administration of historical records or contribute to\nthe strengthening of historical records programs; and\n  (6) the proposed budget, including cost-sharing that would be\ncontributed to the project.\n  c. Approval. In approving any application pursuant to this\nsubdivision, the commissioner shall consider:\n  (1) information in the proposal as set forth in paragraph b of this\nsubdivision;\n  (2) the importance of the records involved for the documentation of\nlife in New York state;\n  (3) the importance of the project and the intended outcome or product\nin terms of strengthening the programs of the cooperating institutions\nand promoting improved historical records management;\n  (4) the capacities of the cooperating institutions or service\nproviders for carrying out the project, including prior experience with\ncooperative or service projects; and\n  (5) the potential for cooperating institutions to sustain an ongoing\nproductive cooperative relationship as a result of the project.\n  8. Aid for regional advisory and assistance agencies. a. Coordination.\nThe commissioner shall establish statewide priorities for regional\nadvisory and assistance agencies and shall assist and coordinate their\nefforts.\n  b. Historical records program advice and assistance plans. To be\neligible to receive aid annually, each participating regional advisory\nand assistance agency shall submit an annual workplan acceptable to the\ncommissioner, and, after the first year of receiving aid, a report on\nactivities of the prior year and a five-year plan, by dates designated\nby the commissioner. The five-year plan shall outline goals and\nobjectives to be accomplished in the region during the five-year period.\nThe annual workplan shall describe the activities to be carried out\nduring the year and the program advice and assistance to be provided.\nThe five-year plans and the annual workplans shall reflect regional\npriorities and shall be consistent with statewide priorities established\nby the commissioner.\n  c. Aid. The commissioner shall each year determine the distribution of\naid among eligible regional advisory and assistance agencies. In doing\nso, he shall take into account the level of resources needed to provide\nthe services described in paragraphs f and g of subdivision two of this\nsection in a satisfactory manner, the extent of the geographical area\nserved by each agency, and the size of the population served by each\nagency, and shall distribute the available funds in such a manner as\nwill best give effect to this section.\n  9. Aid for state university of New York and city university of New\nYork.  To be eligible to receive aid annually, the central\nadministration of the state university of New York and the central\nadministration of the city university of New York shall each submit an\nannual workplan acceptable to the commissioner, and, after the first\nyear of receiving aid, a report on activities of the prior year and a\nfive-year plan.\n  11. Regulations. The commissioner shall adopt regulations to implement\nthe provisions of this section.\n
N.Y. PBA Law § 1012 — New York Code / Act PBA / Article 5 / Title 1 / Section 1012
Exemption from taxation
Status: in_force

§ 1012. Exemption from taxation. It is hereby found and declared that\nthe projects authorized by this title are for the aid and improvement of\ncommerce and navigation and that such aid and improvement of commerce\nand navigation and the development, sale and distribution of power is\nprimarily for the benefit of the people of the state of New York, for\nthe improvement of their health and welfare and material prosperity, and\nis a public purpose, and the authority shall be regarded as performing a\ngovernmental function in undertaking such projects and in carrying out\nthe provisions of this title, and shall be required to pay no taxes or\nassessments upon any of the property acquired by it for such projects or\nupon its activities in the operation and maintenance thereof, provided\nthat nothing herein shall prevent the authority from entering into\nagreements to make payments in lieu of taxes with respect to property\nacquired for any project where such payments are based solely on the\nvalue of real property without regard to any improvement thereof by the\nauthority and where no bonds to pay any costs of such project were\nissued prior to January first, nineteen hundred seventy-two.\n  The securities and other obligations issued by the authority, their\ntransfer and the income therefrom shall, at all times, be free from\ntaxation within this state. It is furthermore declared that the object\nand purpose of this title is that such projects shall be in all respects\nself-supporting.\n
N.Y. ENV Law § 56-0109 — New York Code / Act ENV / Article 56 / Title 1 / Section 56-0109
Sale of bonds; certain limitations
Status: in_force

§ 56-0109. Sale of bonds; certain limitations.\n  Notwithstanding any other section of law, no money received by the\nstate from the sale of bonds pursuant to the Clean Water/Clean Air Bond\nAct of 1996 shall be used to fund any project committed to by the state\nin any agreement with New York city regarding the New York city\nwatershed.\n
N.Y. PML Law § 1305 — New York Code / Act PML / Article 13 / Title 1 / Section 1305
Supplemental power of the commission
Status: in_force

§ 1305. Supplemental power of the commission. The commission shall\nhave all powers necessary or convenient to carry out and effectuate its\npurposes including, but not limited to, the power to:\n  1. execute all instruments necessary or convenient for accomplishing\nthe purposes of this article;\n  2. enter into agreements or other transactions with a person,\nincluding, but not limited to, a public entity or other governmental\ninstrumentality or authority in connection with its powers and duties\nunder this article;\n  3. require an applicant for a position which requires a license under\nthis article to apply for such license and approve or disapprove any\nsuch application or other transactions, events and processes as provided\nin this article;\n  4. require a person who has a business association of any kind with a\ngaming licensee or applicant to be qualified for licensure under this\narticle;\n  5. determine a suitable debt-to-equity ratio for applicants for a\ngaming license;\n  6. deny an application or limit, condition, restrict, revoke or\nsuspend a license, registration, finding of suitability or approval, or\nfine a person licensed, registered, found suitable or approved for any\ncause that the commission deems reasonable;\n  7. monitor the conduct of licensees and other persons having a\nmaterial involvement, directly or indirectly, with a licensee for the\npurpose of ensuring that licenses are not issued to or held by and that\nthere is no direct or indirect material involvement with a licensee, by\nan unqualified or unsuitable person or by a person whose operations are\nconducted in an unsuitable manner or in unsuitable or prohibited places\nas provided in this article;\n  8. gather facts and information applicable to the commission's\nobligation to issue, suspend or revoke licenses, work permits or\nregistrations for:\n  (a) a violation of this article or any regulation adopted by the\ncommission;\n  (b) willfully violating an order of the commission directed to a\nlicensee;\n  (c) the conviction of certain criminal offenses; or\n  (d) the violation of any other offense which would disqualify such a\nlicensee from holding a license, work permit or registration;\n  9. conduct investigations into the qualifications of any regulated\nentity and all applicants for licensure;\n  10. request and receive from the division of criminal justice services\nand the federal bureau of investigation, criminal history information as\ndefined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law for the purpose of evaluating\napplicants for employment by any regulated entity, and evaluating\nlicensees and applicants for licensure under this article;\n  11. be present, through its agents, at all times, in a gaming facility\nfor the purposes of:\n  (a) certifying revenue;\n  (b) receiving complaints from the public relating to the conduct of\ngaming and wagering operations;\n  (c) examining records of revenues and procedures and inspecting and\nauditing all books, documents and records of licensees;\n  (d) conducting periodic reviews of operations and facilities for the\npurpose of regulations adopted hereunder; and\n  (e) exercising its oversight responsibilities with respect to gaming;\n  12. inspect and have access to all equipment and supplies in a gaming\nfacility or on premises where gaming equipment is manufactured, sold or\ndistributed;\n  13. seize and remove from the premises of a gaming licensee and\nimpound any equipment, supplies, documents and records for the purpose\nof examination and inspection;\n  14. demand access to and inspect, examine, photocopy and audit all\npapers, books and records of any affiliate of a gaming licensee or\ngaming vendor whom the commission suspects is involved in the financing,\noperation or management of the gaming licensee or gaming vendor;\nprovided, however, that the inspection, examination, photocopying and\naudit may take place on the affiliate's premises or elsewhere as\npracticable and in the presence of the affiliate or its agent;\n  15. require that the books and financial or other records or\nstatements of a gaming licensee or gaming vendor be kept in a manner\nthat the commission considers proper;\n  16. levy and collect assessments, fees, fines and interest and impose\npenalties and sanctions as authorized by law for a violation of this\narticle or any regulations promulgated by the commission;\n  17. collect taxes, fees and interest under this article;\n  18. restrict, suspend or revoke licenses issued under this article;\n  19. refer cases for criminal prosecution to the appropriate federal,\nstate or local authorities;\n  20. adopt, amend or repeal regulations for the implementation,\nadministration and enforcement of this article; and\n  21. determine a suitable duration for each license, registration or\nfinding of suitability or approval.\n
N.Y. PBH Law § 2895-A — New York Code / Act PBH / Article 28-D / Title 1 / Section 2895-A
Definitions
Status: in_force

§ 2895-a. Definitions.  As used in this article, the following words\nand phrases shall have the following meanings, unless the context\notherwise plainly requires:\n  1. "Nursing home" means a facility issued an operating certificate as\na nursing home pursuant to article twenty-eight of this chapter.\n  2. "Board" means the board of examiners of nursing home administrators\nas provided for in this article.\n  3. "Nursing home administrator" means an individual who is charged\nwith and has responsibility for the general administration of a nursing\nhome whether or not such individual has an ownership interest in such\nhome and whether or not his functions and duties are shared with one or\nmore other individuals.\n
N.Y. SOS Law § 136-A — New York Code / Act SOS / Article 5 / Title 1 / Section 136-A
Information from state tax commission and the comptroller
Status: in_force

§ 136-a. Information from state tax commission and the comptroller. 1.\nSection six hundred ninety-seven or any other provision of the tax law\nshall in no way be construed to restrict the department from obtaining,\non behalf of itself or a local social services district, the name,\naddress, social security number, employment history and number of\ndependents claimed for any individual certified by the department to be\na welfare recipient and suspected of abusing, defrauding or otherwise\nviolating the welfare system.\n  2. Information furnished to the department by the state tax commission\nand the comptroller under or as a result of the agreement authorized by\nsection one hundred seventy-one-c of the tax law shall be considered\nconfidential and shall not be disclosed to persons or agencies other\nthan those entitled to such information because such disclosure is\nnecessary for the proper administration of title six-A of article three\nand title ten of article five of this chapter.\n
N.Y. DOM Law § 75-E — New York Code / Act DOM / Article 5-A / Title 1 / Section 75-E
Effect of child custody determination
Status: in_force

§ 75-e. Effect of child custody determination. A child custody\ndetermination made by a court of this state that had jurisdiction under\nthis article binds all persons who have been served in accordance with\nthe laws of this state or notified in accordance with section\nseventy-five-g of this title or who have submitted to the jurisdiction\nof the court, and who have been given an opportunity to be heard. As to\nthose persons, the determination is conclusive as to all decided issues\nof law and fact except to the extent the determination is modified or\nexcept to the extent that enforcement of an order would violate\nsubdivision one-c of section two hundred forty of this chapter or\nsection one thousand eighty-five of the family court act.\n
N.Y. MDW Law § 174 — New York Code / Act MDW / Article 6 / Title 1 / Section 174
Size of rooms
Status: in_force

§ 174. Size of rooms. Every living room shall contain five hundred\nfifty cubic feet or more of air, shall be at least six feet wide at its\nnarrowest part and shall have a minimum height of seven feet if such\nroom is in the basement, of seven feet at all points more than six feet\nfrom the front of such room if it is on the top story, and of eight feet\nif on any other story, except that whenever a basement conforms to the\nprovisions of subdivision four of section one hundred seventy-seven the\nliving rooms in such basement may have a minimum height of six feet\neight inches from the finished floor to the bottom of any beams\nprojecting below the level of the finished basement ceiling and of seven\nfeet to the ceiling between such beams.\n
N.Y. SOS Law § 373 — New York Code / Act SOS / Article 6 / Title 1 / Section 373
Religious faith
Status: in_force

§ 373. Religious faith. 1. Whenever a child is committed to any\nagency, association, corporation, institution or society, other than an\ninstitution supported and controlled by the state or a subdivision\nthereof, such commitment shall be made, when practicable, to an\nauthorized agency under the control of persons of the same religious\nfaith as that of the child.\n  2. Whenever any child is surrendered, released, placed out, or boarded\nout, in a family, a home or an institution, or in an agency boarding\nhome, or in a group home, or to an authorized agency, or in the custody\nof any person other than that of a relative within the second degree,\nsuch surrender, release, placement or boarding out shall when\npracticable, be to, with or in the custody of a person or persons of the\nsame religious faith as that of the child or to an authorized agency\nunder the control of persons of the same religious faith as that of the\nchild.\n  3. In appointing guardians of children, and in granting orders of\nadoption of children, the court shall, when practicable, appoint as such\nguardians, and give custody through adoption, only to a person or\npersons of the same religious faith as that of the child.\n  4. The provisions of subdivision one, two and three of this section\nshall be so interpreted as to assure that in the care, protection,\nadoption, guardianship, discipline and control of any child, its\nreligious faith shall be preserved and protected.\n  5. Whenever a child is placed out or boarded out in the custody, or\nunder the supervision or control, of a person or of persons of a\nreligious faith different from that of the child, or if a guardian of a\nchild is appointed whose religious faith is different from that of the\nchild, or if letters of adoption of a child are granted to a person or\npersons whose religious faith is different from that of the child or if\na child is committed to an agency, association, corporation, society or\ninstitution, which is under the control of persons of a religious faith\ndifferent from that of the child, the court, public board, commission or\nofficial shall state or recite the facts which impelled such disposition\nto be made contrary to the religious faith of the child or to any person\nwhose religious faith is different from that of the child and such\nstatement shall be a part of the minutes of the proceeding, and subject\nto inspection by the department or an authorized agency. This\nsubdivision shall not apply to institutions supported and controlled by\nthe state or a subdivision thereof.\n  6. The provisions of this section in relation to the protection of the\nreligious faith of children shall also apply to minors between sixteen\nand eighteen years of age.\n  7. The provisions of subdivisions one, two, three, four, five and six\nof this section shall, so far as consistent with the best interests of\nthe child, and where practicable, be applied so as to give effect to the\nreligious wishes of the birth mother, and of the birth father whose\nconsent would be required for the child's adoption pursuant to section\none hundred eleven of the domestic relations law, if the child is born\nout-of-wedlock, or if born in-wedlock, the religious wishes of the birth\nparents of the child, or if only one of the birth parents of an\nin-wedlock child is then living, the religious wishes of the birth\nparent then living. Religious wishes of a parent shall include wishes\nthat the child be placed in the same religion as the birth parent or in\na different religion from the birth parent or with indifference to\nreligion or with religion a subordinate consideration. Expressed\nreligious wishes of a birth parent shall mean those which have been set\nforth in a writing signed by the birth parent, except that, in a\nnon-agency adoption, such writing shall be an affidavit of the birth\nparent. In the absence of expressed religious wishes, as defined in this\nsubdivision, determination of the religious wishes, if any, of the birth\nparent, shall be made upon the other facts of the particular case, and,\nif there is no evidence to the contrary, it shall be presumed that the\nbirth parent wishes the child to be reared in the religion of the birth\nparent.\n
N.Y. PBA Law § 1021-H — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-H
Audit and annual reports
Status: in_force

§ 1021-h. Audit and annual reports. 1. The accounts of the authority\nshall be subject to the supervision of the comptroller and an annual\naudit shall be performed by an independent certified public accountant\nselected by the directors and shall be made available to the\nmunicipalities served by the NCPA and to the public.\n  2. The authority shall submit a detailed annual report pursuant to and\nas specified in section twenty-eight hundred of this chapter, and a copy\nof such report shall be filed with the county executives of the counties\nof Franklin and St. Lawrence, and with the mayors and supervisors of the\nmunicipalities within the service area and shall be made available to\nthe municipalities served by the NCPA and to the public. Nothing in this\nsection shall be deemed to exempt the authority from any rule or\nregulation, including public authorities law.\n
N.Y. EDN Law § 496 — New York Code / Act EDN / Title 1 / Article 10-D / Section 496
Legislative declaration
Status: in_force

§ 496. Legislative declaration.  The legislature hereby finds and\ndeclares that the scarcity of higher educational facilities within the\nstate poses a serious threat to the future of the state's citizens.\nRecognizing this scarcity and the threat posed thereby, it is the sense\nof the members of the legislature that the higher educational needs of\nour citizens can best be served by the enactment of legislation that\nwill allow for the wider use of existing educational facilities within\nthe state.\n
N.Y. PBA Law § 2 — New York Code / Act PBA / Article 1 / Title 1 / Section 2
Definitions
Status: in_force

§ 2. Definitions. As used in this chapter:\n  1. "state authority" shall mean a public authority or public benefit\ncorporation created by or existing under this chapter or any other law\nof the state of New York, with one or more of its members appointed by\nthe governor or who serve as members by virtue of holding a civil office\nof the state, other than an interstate or international authority or\npublic benefit corporation, including subsidiaries of such public\nauthority or public benefit corporation.\n  2. "local authority" shall mean (a) a public authority or public\nbenefit corporation created by or existing under this chapter or any\nother law of the state of New York whose members do not hold a civil\noffice of the state, are not appointed by the governor or are appointed\nby the governor specifically upon the recommendation of the local\ngovernment or governments; (b) a not-for-profit corporation affiliated\nwith, sponsored by, or created by a county, city, town or village\ngovernment; (c) a local industrial developmental agency or authority or\nother local public benefit corporation; (d) an affiliate of such local\nauthority; or (e) a land bank corporation created pursuant to article\nsixteen of the not-for-profit corporation law.\n  3. "interstate or international authority" shall mean an international\nor interstate public authority created pursuant to agreement or compact\nwith another state or with a foreign power, including any and all\naffiliates or subsidiaries.\n  5. "subsidiary" shall not include, for the purposes of this chapter,\ncorporations that have been certified by the parent corporation to the\nauthorities budget office as being inactive for the past twelve months,\nhaving an identical board of its parent corporation, or not having\nseparate and independent operational control. Provided, however, the\nparent corporation, in response to any request, shall address any\nprovision or provisions of this chapter.\n  6. "authorities budget office" shall mean the entity established\npursuant to section four of this article.\n
N.Y. VAT Law § 140-D — New York Code / Act VAT / Title 1 / Article 1 / Section 140-D
Roundabout
Status: in_force

§ 140-d. Roundabout. A circular intersection which is characterized by\na circulatory roadway with counterclockwise movement, channelized\napproaches, low speeds, and yield control of entering traffic. A\nroundabout encompasses the area bounded by the outermost curb line or,\nif there is no curb, the edge of the pavement, and includes crosswalks\non any entering or exiting roadway.\n
N.Y. PBH Law § 1310 — New York Code / Act PBH / Article 13 / Title 1 / Section 1310
Removal of canine wastes in cities with a population of four hundred thousand or more persons and in the cities of Yonkers and Albany
Status: in_force

§ 1310. Removal of canine wastes in cities with a population of four\nhundred thousand or more persons and in the cities of Yonkers and\nAlbany. Notwithstanding any contrary provision of law, rule or\nregulation, in cities with a population of four hundred thousand or more\npersons and in the cities of Yonkers and Albany, it shall be the duty of\neach dog owner or person having possession, custody or control of a dog\nto remove any feces left by his or her dog on any sidewalk, gutter,\nstreet or other public area. Any violation of this section shall\nconstitute a violation punishable by a fine or a civil penalty of not\nmore than two hundred fifty dollars. For the purposes of enforcing the\nprovisions of this section, appearance tickets may be issued by\nsanitation officers, dog enumerators, or wardens and by any persons\nauthorized to issue tickets for parking violations. Notwithstanding any\nother provision of law to the contrary, in the city of New York, such\nappearance tickets may be returnable to the environmental control board\nwhich shall have the power to impose the civil penalties herein\nprovided. The provisions of this section shall not apply to a guide dog,\nhearing dog or service dog accompanying any person with a disability, as\ndefined in subdivision twenty-one of section two hundred ninety-two of\nthe executive law.\n
N.Y. ELN Law § 12-106 — New York Code / Act ELN / Article 12 / Title 1 / Section 12-106
Electoral college; vote of the electors
Status: in_force

§ 12-106. Electoral college; vote of the electors. Immediately after\nthe organization of the electoral college, the electors shall then and\nthere vote by ballot for president and vice president, but no elector\nshall vote for more than one person who is a resident of this state.\nThey shall name in separate ballots the persons voted for as president\nand vice president. They shall make and sign six certificates of vote of\nall the votes given by them, each of which certificates shall contain\ntwo distinct lists, one with the votes for president and one with the\nvotes for vice president. There shall be annexed to each of the\ncertificates of vote one of the lists of electors which shall have been\nfurnished to them by the state board of elections pursuant to section\n12-102 of this title. They shall seal up the certificates of vote so\nmade and certify upon each that the lists of all the votes of this state\ngiven for president and vice president are contained therein.\n  Notwithstanding any other section of law besides title four of this\narticle, each elector shall cast his or her ballot for president and\nvice president for the candidates for these offices who were nominated\nby the political party that nominated the presidential elector. Refusal\nor failure to vote for the candidates for president and vice president\nwho were nominated by the political party that nominated the\npresidential elector shall constitute a resignation from the office of\nelector, and any such vote by an elector shall not be recorded. The\nballots used by the elector shall bear the name of the elector. The\nremaining electors shall forthwith fill the vacancy in accordance with\nsection 12-104 of this title. Nothing in this subdivision shall be\ninterpreted as modifying or repealing title four of this article, the\nagreement among the states to elect the president by national popular\nvote.\n
N.Y. PBH Law § 4201 — New York Code / Act PBH / Article 42 / Title 1 / Section 4201
Disposition of remains; responsibility therefor
Status: in_force

§ 4201. Disposition of remains; responsibility therefor. 1. As used in\nthis section, the following terms shall have the following meanings,\nunless the context otherwise requires:\n  (a) "Cremation" means the incineration of human remains.\n  (b) "Disposition" means the care, disposal, transportation, burial,\ncremation, natural organic reduction or embalming of the body of a\ndeceased person, and associated measures.\n  (c) "Domestic partner" means a person who, with respect to another\nperson:\n  (i) is formally a party in a domestic partnership or similar\nrelationship with the other person, entered into pursuant to the laws of\nthe United States or any state, local or foreign jurisdiction, or\nregistered as the domestic partner of the person with any registry\nmaintained by the employer of either party or any state, municipality,\nor foreign jurisdiction; or\n  (ii) is formally recognized as a beneficiary or covered person under\nthe other person's employment benefits or health insurance; or\n  (iii) is dependent or mutually interdependent on the other person for\nsupport, as evidenced by the totality of the circumstances indicating a\nmutual intent to be domestic partners including but not limited to:\ncommon ownership or joint leasing of real or personal property; common\nhouseholding, shared income or shared expenses; children in common;\nsigns of intent to marry or become domestic partners under subparagraph\n(i) or (ii) of this paragraph; or the length of the personal\nrelationship of the persons.\n  Each party to a domestic partnership shall be considered to be the\ndomestic partner of the other party. "Domestic partner" shall not\ninclude a person who is related to the other person by blood in a manner\nthat would bar marriage to the other person in New York state. "Domestic\npartner" shall also not include any person who is less than eighteen\nyears of age or who is the adopted child of the other person or who is\nrelated by blood in a manner that would bar marriage in New York state\nto a person who is the lawful spouse of the other person.\n  (c-1) "Natural organic reduction" means the contained, accelerated\nconversion of human remains to soil.\n  (d) "Person" means a natural person eighteen years of age or older.\n  2. (a) The following persons in descending priority shall have the\nright to control the disposition of the remains of such decedent;\nprovided that if there are more than two members of a class listed in\nsubparagraph (iii), (v), or (vii) of this paragraph entitled to control\nthe disposition of remains of a decedent, the disposition shall be\ndetermined by a majority of the members of the class who are reasonably\navailable:\n  (i) the person designated in a written instrument executed pursuant to\nthe provisions of this section;\n  (ii) the decedent's surviving spouse;\n  (ii-a) the decedent's surviving domestic partner;\n  (iii) any of the decedent's surviving children eighteen years of age\nor older;\n  (iv) either of the decedent's surviving parents;\n  (v) any of the decedent's surviving siblings eighteen years of age or\nolder;\n  (vi) a guardian appointed pursuant to article seventeen or seventeen-A\nof the surrogate's court procedure act or article eighty-one of the\nmental hygiene law;\n  (vii) any person eighteen years of age or older who would be entitled\nto share in the estate of the decedent as specified in section 4-1.1 of\nthe estates, powers and trusts law, with the person closest in\nrelationship having the highest priority;\n  (viii) a duly appointed fiduciary of the estate of the decedent;\n  (ix) a close friend or relative who is reasonably familiar with the\ndecedent's wishes, including the decedent's religious or moral beliefs,\nwhen no one higher on this list is reasonably available, willing, or\ncompetent to act, provided that such person has executed a written\nstatement pursuant to subdivision seven of this section; or\n  (x) a chief fiscal officer of a county or a public administrator\nappointed pursuant to article twelve or thirteen of the surrogate's\ncourt procedure act, or any other person acting on behalf of the\ndecedent, provided that such person has executed a written statement\npursuant to subdivision seven of this section.\n  (b) If a person designated to control the disposition of a decedent's\nremains, pursuant to this subdivision, is not reasonably available,\nunwilling or not competent to serve, and such person is not expected to\nbecome reasonably available, willing or competent, then those persons of\nequal priority and, if there be none, those persons of the next\nsucceeding priority shall have the right to control the disposition of\nthe decedent's remains.\n  (c) The person in control of disposition, pursuant to this section,\nshall faithfully carry out the directions of the decedent to the extent\nlawful and practicable, including consideration of the financial\ncapacity of the decedent's estate and other resources made available for\ndisposition of the remains. The person in control of disposition shall\nalso dispose of the decedent in a manner appropriate to the moral and\nindividual beliefs and wishes of the decedent provided that such beliefs\nand wishes do not conflict with the directions of the decedent. The\nperson in control of disposition may seek to recover any costs related\nto the disposition from the fiduciary of the decedent's estate in\naccordance with section eighteen hundred eleven of the surrogate's court\nprocedure act.\n  (d) No funeral director, undertaker, embalmer or no person with an\ninterest in, or who is an employee of any funeral firm, cemetery\norganization or business operating a crematory, natural organic\nreduction facility, columbarium or any other business, who also controls\nthe disposition of remains in accordance with this section, shall\nreceive compensation or otherwise receive financial benefit for\ndisposing of the remains of a decedent.\n  (e) No person who: (1) at the time of the decedent's death, was the\nsubject of an order of protection protecting the decedent; or (2) has\nbeen arrested or charged with any crime set forth in article one hundred\ntwenty-five of the penal law as a result of any action allegedly\ncausally related to the death of the decedent shall have the right to\ncontrol the disposition of the remains of the decedent. However, the\napplication of this paragraph in a particular case may be waived or\nmodified in the interest of justice by order of (i) the court that\nissued the order of protection or in which the criminal action against\nthe person is pending, or a superior court in which an action or\nproceeding under the domestic relations law or the family court act\nbetween the person and the decedent was pending at the time of the\ndecedent's death, or (ii) if proceeding in that court would cause\ninappropriate delay, a court in a special proceeding.\n  3. The written instrument referred to in paragraph (a) of subdivision\ntwo of this section may be in substantially the following form, and must\nbe signed and dated by the decedent and the agent and properly\nwitnessed:\n         APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS\nI, _____________________________________________________________________\n                         (Your name and address)\nbeing of sound mind, willfully and voluntarily make known my desire\nthat, upon my death, the disposition of my remains shall be controlled\nby ___________________________________________________________________ .\n(name of agent)\nWith respect to that subject only, I hereby appoint such person as my\nagent with respect to the disposition of my remains.\nSPECIAL DIRECTIONS:\n  Set forth below are any special directions limiting the power granted\nto my agent as well as any instructions or wishes desired to be followed\nin the disposition of my remains:\n________________________________________________________________________\n________________________________________________________________________\n________________________________________________________________________\n________________________________________________________________________\n________________________________________________________________________\n  Indicate below if you have entered into a pre-funded pre-need\nagreement subject to section four hundred fifty-three of the general\nbusiness law for funeral merchandise or service in advance of need:\n  [] No, I have not entered into a pre-funded pre-need agreement subject\nto section four hundred fifty-three of the general business law.\n  [] Yes, I have entered into a pre-funded pre-need agreement subject to\nsection four hundred fifty-three of the general business law.\n________________________________________________________________________\n(Name of funeral firm with which you entered into a pre-funded pre-need\nfuneral agreement to provide merchandise and/or services)\nAGENT:\nName: __________________________________________________________________\nAddress: _______________________________________________________________\nTelephone Number: ______________________________________________________\nSUCCESSORS:\n  If my agent dies, resigns, or is unable to act, I hereby appoint the\nfollowing persons (each to act alone and successively, in the order\nnamed) to serve as my agent to control the disposition of my remains as\nauthorized by this document:\n1. First Successor\nName: __________________________________________________________________\nAddress: _______________________________________________________________\nTelephone Number: ______________________________________________________\n2. Second Successor\nName: __________________________________________________________________\nAddress: _______________________________________________________________\nTelephone Number: ______________________________________________________\nDURATION:\n  This appointment becomes effective upon my death.\nPRIOR APPOINTMENT REVOKED:\n  I hereby revoke any prior appointment of any person to control the\ndisposition of my remains.\nSigned this __________________ day of _________,____________.\n________________________________________________________________________\n(Signature of person making the appointment)\nStatement by witness (must be 18 or older)\n  I declare that the person who executed this document is personally\nknown to me and appears to be of sound mind and acting of his or her\nfree will. He or she signed (or asked another to sign for him or her)\nthis document in my presence.\nWitness 1: __________________\n             (signature)\nAddress: _________________\nWitness 2: _________________\n             (signature)\nAddress: _________________\nACCEPTANCE AND ASSUMPTION BY AGENT:\n  1. I have no reason to believe there has been a revocation of this\nappointment to control disposition of remains.\n  2. I hereby accept this appointment.\n  Signed this               day of           ,                .\n  _______________________\n  (Signature of agent)\n  4. (a) In the absence of a written instrument made pursuant to\nsubdivision three of this section, the designation of a person for the\ndisposition of one's remains or directions for the disposition of one's\nremains in a will executed pursuant to the laws of the state of New York\nprior to the effective date of this section, or otherwise executed\npursuant to the laws of a jurisdiction outside the state of New York,\nshall be: (i) considered reflective of the intent of the decedent with\nrespect to the disposition of the decedent's remains; and (ii)\nsuperseded by a written instrument subsequently executed pursuant to\nsubdivision three of this section, or by any other subsequent act by the\ndecedent evidencing a specific intent to supersede the designation or\ndirection in such a will with respect to the disposition of the\ndecedent's remains. All actions taken reasonably and in good faith based\nupon such authorizations and directions regarding the disposition of\none's remains in such a will shall be deemed valid regardless of whether\nsuch a will is later probated or subsequently declared invalid.\n  (b) In the absence of a written instrument made pursuant to\nsubdivision three of this section, the designation of a person for the\ndisposition of one's remains or directions for the disposition of one's\nremains in a will executed pursuant to the laws of the state of New York\non or after the effective date of this section, shall be considered a\nreflection of the intent of the decedent with respect to the disposition\nof the decedent's remains, provided that the person who represents that\nhe or she is entitled to control the disposition of remains of the\ndecedent has complied with subdivision five and paragraph (a) of\nsubdivision seven of this section and signed a written statement in\naccordance with paragraph (b) of subdivision seven of this section.\n  4-a. A written instrument under this section may limit the disposition\nof remains agent's authority to consent to organ or tissue donation or\ndesignate another person to do so, under article forty-three of this\nchapter. Failure to state wishes or instructions shall not be construed\nto imply a wish not to donate.\n  5. A written instrument executed under this section shall be revoked\nupon the execution by the decedent of a subsequent written instrument,\nor by any other subsequent act by the decedent evidencing a specific\nintent to revoke the prior written instrument and directions on\ndisposition and agent designations in a will made pursuant to\nsubdivision three of this section shall be superseded by a subsequently\nexecuted will or written instrument made pursuant to this section, or by\nany other subsequent act of the decedent evidencing a specific intent to\nsupersede the direction or designation. The designation of the\ndecedent's spouse or domestic partner as an agent in control of\ndisposition of remains shall be revoked upon the divorce or legal\nseparation of the decedent and spouse, or termination of the domestic\npartnership, unless the decedent specified in writing otherwise.\n  6. A person acting reasonably and in good faith, shall not be subject\nto any civil liability for:\n  (a) representing himself or herself to be the person in control of a\ndecedent's disposition;\n  (b) disposing of a decedent's remains if done with the reasonable\nbelief that such disposal is consistent with this section; or\n  (c) identifying a decedent.\n  7. No cemetery organization, business operating a crematory, natural\norganic reduction facility, or columbarium, funeral director,\nundertaker, embalmer, or funeral firm shall be held liable for actions\ntaken reasonably and in good faith to carry out the written directions\nof a decedent as stated in a will or in a written instrument executed\npursuant to this section. No cemetery organization, business operating a\ncrematory, natural organic reduction facility, or columbarium, funeral\ndirector, undertaker, embalmer or funeral firm shall be held liable for\nactions taken reasonably and in good faith to carry out the directions\nof a person who represents that he or she is entitled to control of the\ndisposition of remains, provided that such action is taken only after\nrequesting and receiving written statement that such person:\n  (a) is the designated agent of the decedent designated in a will or\nwritten instrument executed pursuant to this section; or\n  (b) that he or she has no knowledge that the decedent executed a\nwritten instrument pursuant to this section or a will containing\ndirections for the disposition of his or her remains and that such\nperson is the person having priority under subdivision two of this\nsection.\n  8. Every dispute relating to the disposition of the remains of a\ndecedent shall be resolved by a court of competent jurisdiction pursuant\nto a special proceeding under article four of the civil practice law and\nrules. No person providing services relating to the disposition of the\nremains of a decedent shall be held liable for refusal to provide such\nservices, when control of the disposition of such remains is contested,\nuntil such person receives a court order or other form of notification\nsigned by all parties or their legal representatives to the dispute\nestablishing such control.\n  9. This section does not supersede, alter or abridge any provision of\nsection four hundred fifty-three of the general business law. In the\nevent of a conflict or ambiguity, the provisions of section four hundred\nfifty-three of the general business law shall govern.\n  10. This section does not supersede, alter or abridge any provision of\narticle forty-three of this chapter including, but not limited to, the\npersons authorized to execute an anatomical gift pursuant to section\nforty-three hundred one of this chapter.\n  11. This section does not diminish the enforceability of a contract or\nagreement in which a person controlling the disposition of the remains\nof a decedent agrees to pay for goods or services in connection with the\ndisposition of such remains.\n
N.Y. EDN Law § 459 — New York Code / Act EDN / Title 1 / Article 10 / Section 459
Resources of the fund
Status: in_force

§ 459. Resources of the fund.  1. The fund may receive, accept,\ninvest, administer, expend and disburse for its corporate purposes\nappropriations or advances from the city of New York, and other revenues\nand moneys made available or to be made available to the fund from any\nor all sources, including gifts, grants, loans and payments from the\nfederal government, any state agency, any private foundation,\norganization or individual, or any other source, for the construction,\nacquisition, reconstruction, rehabilitation and improvement of combined\noccupancy structures, for the maintenance and repair of such structures,\nor for the costs of personal service and maintenance and operation of\nthe fund.\n  2. All moneys of the fund, except as otherwise authorized or provided\nin this article, shall be paid to the comptroller of the city of New\nYork as agent of the fund, who shall not commingle such moneys with any\nother moneys. Such moneys shall be deposited in two or more separate\nbank accounts. The moneys in any account shall be paid out of checks\nsigned by the comptroller on requisition of the chairman of the fund or\nof such other officer or employee or officers or employees as the fund\nshall authorize to make such requisition. All deposits of such money\nshall, if required by the comptroller or the trustees of the fund, be\nsecured by obligations of the United States or of the city or the state\nof a market value equal at all times to the amount of the deposit and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n  3. Subject to the terms of any lease, sublease or other agreement\nundertaken by the fund, any such moneys of the fund not required for\nimmediate use may, at the discretion of the fund, be invested by the\ncomptroller in obligations of the United States, the state or the city\nor in obligations the principal and interest of which are guaranteed by\nthe United States, the state or the city.\n  4. The chairman of the fund shall annually, on or before January\nfirst, prepare and submit to the mayor and the director of the budget of\nthe city of New York, on behalf of the trustees of the fund, an itemized\nbudget for the administration of the fund during the city's next\nsucceeding fiscal year and information as to the payment or provision\nfor payment of obligations of the fund expected to be required during\nsuch year.\n  5. The city comptroller, or his legally authorized representative, is\nhereby authorized and empowered from time to time to examine the books\nand accounts of the fund including its receipts, disbursements,\ncontracts, reserves, investments, and any other matters relating to its\nfinancial standing. Such an examination shall be conducted by the\ncomptroller at least once in every five years; the comptroller is\nauthorized, however, to accept from the fund, in lieu of such an\nexamination, an external examination of its books and accounts made at\nthe request of the trustees of the fund.\n
N.Y. PBH Law § 2895-B — New York Code / Act PBH / Article 28-D / Title 1 / Section 2895-B
Nursing home staffing levels
Status: in_force

§ 2895-b. Nursing home staffing levels. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n  (a) "Certified nurse aide" means any person included in the nursing\nhome nurse aide registry pursuant to section twenty-eight hundred\nthree-j of this chapter.\n  (b) "Licensed nurse" means a registered professional nurse or licensed\npractical nurse licensed pursuant to article one hundred thirty-nine of\nthe education law.\n  (c) "Staffing hours" means the hours reported by a nursing home to the\nfederal Centers for Medicare and Medicaid Services through the payroll\nbased journal for long-term care facilities.\n  (d) "Nurse aides" means any person who is included in the nurse aide\nhour component of the payroll based journal for long-term care\nfacilities but has not yet been certified as a certified nurse aide.\n  2. Staffing standards. (a) The commissioner shall, by regulation,\nestablish staffing standards for nursing home minimum staffing levels to\nmeet applicable standards of service and care and to provide services to\nattain or maintain the highest practicable physical, mental, and\npsychosocial well-being of each resident of the facility. Compliance\nshall be determined quarterly by comparing the daily average of the\nnumber of hours provided per resident, per day, using the federal\nCenters for Medicare and Medicaid Services payroll based journal and the\nfacility's average daily census on a daily basis.\n  (b) The commissioner shall establish, by regulation, civil penalties\nfor facilities out of compliance with minimum staffing levels. Such\nregulations shall include a range of penalties to account for mitigating\nfactors which shall include:\n  (i) extraordinary circumstances facing the facility, including, but\nnot limited to, whether the facility has suffered through a natural\ndisaster or other catastrophic event, an officially declared national\nemergency, or state or municipal emergency declared pursuant to article\ntwo-B of the executive law, which has been initially declared subsequent\nto the effective date of this section, or other such conditions or\nunforeseen circumstances as determined by the commissioner;\n  (ii) the frequency and nature of non-compliance; and\n  (iii) the existence of an acute labor supply shortage within a\nparticular region. When determining if there is an acute labor supply\nshortage within a specific region in a specific quarter, or a shorter\nperiod of time as determined by the commissioner, the commissioner shall\ntake into consideration the following factors: regional labor supply of\navailable certified nurse aides, licensed practical nurses and\nregistered nurses; regional pay rates for the relevant titles as\ndetermined by the federal department of labor, bureau of labor\nstatistics; and evidence that the facility attempted to procure\nsufficient staffing.\n  (c) At least thirty days before any action is taken by the\ncommissioner under paragraph (b) of this subdivision, the commissioner\nshall post the assessed penalties, and any mitigating factors that were\nconsidered in assessing the penalty on the department's website.\n  (d) In determining whether a nursing home has violated its obligations\nunder this section, it shall not be a defense that such nursing home was\nunable to secure sufficient staff if the lack of staffing was\nforeseeable and could be prudently planned for, or involved routine\nstaffing needs that arose due to typical staffing patterns, typical\nlevels of absenteeism, or time off typically approved by the employer\nfor vacation, holidays, sick leave, and personal leave.\n  (e) A civil penalty shall not be imposed under this section until\nafter April first, two thousand twenty-two;\n  (f) Every nursing home shall:\n  (i) comply with the staffing standards under this section; and\n  (ii) employ sufficient staffing levels to meet applicable standards of\nservice and care and to provide service and care and to provide services\nto attain or maintain the highest practicable physical, mental, and\npsychosocial well-being of each resident of the facility.\n  (g) Staffing standards established under this subdivision shall, at a\nminimum, be the staffing standards established under subdivision three\nof this section.\n  (h) The minimum staffing standard includes the hours which are\nrequired to be reported by a nursing home to the federal Centers for\nMedicare and Medicaid Services through the payroll based journal for\nlong-term care for certified nursing assistants and licensed nurses. In\ndetermining compliance with the staffing standards under this\nsubdivision, an individual shall not be counted while performing\nadministrative services as defined in the payroll based journal for\nlong-term care facilities.\n  3. Statutory standard. (a) Beginning January first, two thousand\ntwenty-two every nursing home shall maintain daily average staffing\nhours equal to 3.5 hours of care per resident per day by a certified\nnurse aide, a licensed nurse or a nurse aide; provided that out of such\n3.5 hours, no less than 2.2 hours of care per resident per day shall be\nprovided by a certified nurse aide or a nurse aide, and no less than 1.1\nhours of care per resident per day shall be provided by a licensed\nnurse.\n  (b) Beginning January first, two thousand twenty-three and thereafter\nevery nursing home shall maintain daily average staffing hours equal to\n3.5 hours of care per resident per day by a certified nurse aide or a\nlicensed nurse; provided that out of such 3.5 hours, no less than 2.2\nhours of care per resident per day shall be provided by a certified\nnurse aide, and no less than 1.1 hours of care per resident per day\nshall be provided by a licensed nurse.\n  4. Public disclosure of staffing levels. (a) A nursing home shall post\ninformation regarding nurse staffing that the facility is required to\nmake available to the public under section twenty-eight hundred five-t\nof this chapter. Information under this paragraph shall be displayed in\na form approved by the department and be posted in a manner which is\nvisible and accessible to residents, their families and the staff, as\nrequired by the commissioner.\n  (b) A nursing home shall post a summary of this section, provided by\nthe department, in proximity to each posting required by paragraph (a)\nof this subdivision.\n  * 5. Fines and civil penalties. (a) All fines and civil penalties\ncollected by the commissioner pursuant to this section shall be\ndeposited into a nursing home worker recruitment and safety fund\nestablished pursuant to section ninety-nine-ss of the state finance law\nto enhance the quality of employment for residential health care\nfacility employees and assist in the recruitment and safety of\nresidential health care facility staff.\n  (b) The commissioner shall distribute monies made available for this\npurpose under this subdivision in the form of grants to providers. In\ndetermining the funding for providers, the commissioner shall consider\ncriteria including, but not limited to, the overall census of a facility\nand the rate region the facility is located within. The commissioner\nshall promulgate the rules and regulations necessary for implementing\nthe program.\n  * NB Effective December 19, 2026\n
N.Y. EDN Law § 495 — New York Code / Act EDN / Title 1 / Article 10-B / Section 495
Inconsistent provisions of other laws superseded
Status: in_force

§ 495. Inconsistent provisions of other laws superseded.  Insofar as\nthe provisions of this article are inconsistent with the provisions of\nany other general, special or local law, or with the provisions of any\ncharter or ordinance, the provisions of this article shall be\ncontrolling.  The provisions of this article shall not be deemed to\nprevent the city of Yonkers from financing the cost of acquiring,\nconstructing, reconstructing, rehabilitating or improving one or more\nschool buildings by the issuance of bonds or capital notes pursuant to\nthe local finance law.\n
N.Y. EDN Law § 353 — New York Code / Act EDN / Title 1 / Article 8 / Section 353
State university trustees
Status: in_force

§ 353. State university trustees. 1. The state university shall be\ngoverned, and all of its corporate powers exercised, by a board of\ntrustees. Such board shall consist of eighteen members, fifteen of whom\nshall be appointed by the governor with the advice and consent of the\nsenate, one of whom shall be the president of the student assembly of\nthe state university, ex-officio and voting, one of whom shall be the\npresident of the university faculty senate, ex-officio and non-voting,\nand one of whom shall be the president of the faculty council of\ncommunity colleges, ex-officio and non-voting. Such ex-officio members\nshall be subject to every provision of any general, special, or local\nlaw, ordinance, charter, code, rule, or regulation applying to the\nvoting members of such board with respect to the discharge of their\nduties, including, but not limited to, those provisions setting forth\ncodes of ethics, disclosure requirements, and prohibiting business and\nprofessional activities. One member of the board shall be designated by\nthe governor as chairperson and one as vice-chairperson. Of the members\nfirst appointed, two shall be appointed for a term which shall expire on\nJune thirtieth, nineteen hundred fifty-two; one for a term which shall\nexpire on June thirtieth, nineteen hundred fifty-three; two for a term\nwhich shall expire on June thirtieth, nineteen hundred fifty-four; one\nfor a term which shall expire on June thirtieth, nineteen hundred\nfifty-five; two for a term which shall expire on June thirtieth,\nnineteen hundred fifty-six; one for a term which shall expire on June\nthirtieth, nineteen hundred fifty-seven; two for a term which shall\nexpire on June thirtieth, nineteen hundred fifty-eight; one for a term\nwhich shall expire on June thirtieth, nineteen hundred fifty-nine; two\nfor a term which shall expire on June thirtieth, nineteen hundred sixty;\nand one for a term which shall expire on June thirtieth, nineteen\nhundred sixty-one. Vacancies shall be filled for the unexpired term in\nthe same manner as original appointments. The term of office of each\ntrustee appointed on or after April first, nineteen hundred eighty-six\nshall be seven years, except those of the student member and the faculty\nmembers. Trustees shall receive no compensation for their services but\nshall be reimbursed for their expenses actually and necessarily incurred\nby them in the performance of their duties under this article.\n  2. a. The board may provide for regular meetings, and the chairman, or\nthe vice-chairman, or any eight members by petition, may at any time\ncall a special meeting of the board of trustees and fix the time and\nplace therefor; and at least seven days notice of every meeting shall be\nmailed to the usual address of each trustee, unless such notice be\nwaived by a majority of the board. Resolutions for the consideration of\nthe board of trustees must be mailed to the usual address of each\ntrustee no less than seven days prior to a meeting, unless the chair\nshall make available in writing on the day of the meeting the facts\nwhich necessitate an immediate vote. Eight trustees attending shall be a\nquorum for the transaction of business and, unless a greater number is\nrequired by the by-laws, the act of a majority of the members present at\nany meeting shall be the act of the board. The board shall hold at least\ntwo public hearings each year. One public hearing shall be held during\nthe spring semester and one public hearing shall be held in the fall\nsemester. The purpose of such hearings shall be to receive testimony and\nstatements from concerned individuals about university issues. The board\nshall fix the time, place, duration and format of each hearing. At least\nthree members of the board shall attend each hearing. At least thirty\ndays notice of the hearing shall be given by the chairman of the board\nto all members of the board, to all presidents of state operated\ncampuses, to the chair of faculty-senate bodies of state operated\ncampuses, to all student government presidents of state operated\ncampuses, to the certified or recognized employee organizations\nrepresenting employees of the state university and to the media. Such\nnotice shall contain the time and place of the public hearing.\n  b. The agenda for any such meeting of the board of trustees shall be\nelectronically available on the state university of New York website\nthree days prior to the meetings unless an executive committee meeting\nhas been called in which an agenda must be available twenty-four hours\nin advance, and shall be considered a public record. A summary of\nresolutions and board actions for any such meeting of the board of\ntrustees shall be electronically available on the state university of\nNew York website no later than seven days after the meeting and shall be\nconsidered a public record. The approved minutes, attendance, voting\nrecord and either transcripts or video record for any such meeting must\nbe posted no later than seven days following their approval by the board\nor executive committee. Information posted on the state university of\nNew York website regarding board of trustee meetings shall remain on the\nsite as archived data for a minimum of ten years.\n  c. Any such meeting of the board of trustees shall be conducted in\naccordance with article seven of the public officers law.\n  3. The board shall appoint its own officers and staff, prescribe the\nduties of such employees, and fix their compensation within the\nappropriations prescribed therefor. Other than those positions included\nin section one hundred sixty-nine of the executive law, the board shall\nfix the compensation and benefits of employees in positions in the\nprofessional service in the state university which are designated,\nstipulated or excluded from negotiating units as managerial or\nconfidential as defined pursuant to article fourteen of the civil\nservice law.\n  4. a. The board may elect an executive committee of not less than five\nmembers, who, in intervals between meetings of the board may transact\nsuch business of the state university as the board may from time to time\nauthorize, except to grant degrees or to make removals from office. The\nstudent member of the board shall be a member of such committee. A\nmajority of the whole of the executive committee, but in any event not\nless than four members, attending shall be a quorum for the transaction\nof business and the act of a majority of the members of the executive\ncommittee present at any meeting thereof shall be the act of such\ncommittee.\n  b. The agenda for any meeting of any committee and subcommittee of the\nboard of trustees shall be available electronically on the state\nuniversity of New York website three days prior to the meeting unless an\nexecutive committee meeting has been called, in which case an agenda\nmust be available twenty-four hours in advance, and shall be considered\na public record. A summary of resolutions and actions by the committee\nor subcommittee for any such meeting shall be electronically available\non the state university of New York website no later than seven days\nafter the meeting and shall be considered a public record. The approved\nminutes, attendance, voting record, and either transcripts or video\nrecord, for any such meeting must be posted no later than seven days\nfollowing the approval by the board, committee or subcommittee.\nInformation posted on the state university of New York website regarding\nsuch meetings shall remain on the site as archived data for a minimum of\nten years.\n  c. Any such meeting of a committee or subcommittee of the board of\ntrustees shall be conducted in accordance with article seven of the\npublic officers law.\n
N.Y. EDN Law § 235-B — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 235-B
New York state biological survey
Status: in_force

§ 235-b. New York state biological survey.  1. The New York state\nbiological survey is hereby established in the New York state science\nservice within the state museum to inventory, research, analyze and\ndisseminate information about all the biota of New York. The biological\nsurvey shall:\n  (a) Develop and maintain an inventory of the biological resources of\nNew York state, with special emphasis on identifying those resources\nthat are important to biological diversity, have real or potential\neconomic significance, or have particular scientific, systematic, or\nenvironmental importance;\n  (b) Conduct research on and advance the knowledge of the biological\nand ecological characteristics and processes that constitute or affect\nNew York state's environment;\n  (c) Interpret and publish the results of research on New York state's\nbiological resources, thereby making information available to citizens,\nteachers, industry, and government for educational purposes and for use\nin decision making;\n  (d) Insure the preservation and appropriate expansion of the state's\ncollection of scientific specimens and artifacts, conduct research on\nthese collections, and make specimens and data available for biological\nresource studies, ecosystem analyses, and other research projects; and\n  (e) Cooperate with the department of environmental conservation,\noffice of parks, recreation and historic preservation, and other state\nand federal agencies, private organizations and institutions,\ncorporations, and individuals interested in biological resources.\n  2. The survey shall not be authorized to enter any privately owned\nlands without the written consent of the landowner, lessee, or person in\ncontrol. The survey shall be authorized to enter into agreements with\nlandowners to enter private lands on such terms as may be acceptable.\n
N.Y. MRE Law § 26 — New York Code / Act MRE / Article 3 / Title 1 / Section 26
Egress from dwellings
Status: in_force

§ 26. Egress from dwellings.  In every such dwelling three stories or\nmore in height there shall be from each story at least two independent\nmeans of egress accessible to each apartment or suite. The first means\nshall open into a public hall connected with a stair affording safe\naccess to a street, or to a yard, court or passageway affording\ncontinuous, safe and unobstructed access to a street. The second means\nshall be directly to a fire-escape or to an enclosed stair without\npassing through the first means, except that where the first means\nincludes an interior stair which is closed off at each floor level by\nfire-retarded construction with a fireproof self-closing door therein,\nthe second means may be another such interior stair or a fire-escape\ndirectly accessible on the same story from a public hall therein whether\nor not such public hall is also a part of the first means provided such\nfire-escape is not a wire, chain, cable, vertical ladder or rope\nfire-escape. In lieu of a second means of egress a sprinkler system may\nbe installed in the public halls and stairs.\n  Except as required by the provisions of article four of this chapter,\nthe second means of egress shall not be required in a multiple dwelling\nof fireproof construction, six stories or less in height, erected before\nJuly first, nineteen hundred fifty-two, if the egress arrangements\nthereof complied with requirements of law applicable at the time the\ndwelling was erected.\n
N.Y. ENV Law § 57-0111 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0111
Long Island Pine Barrens maritime reserve council
Status: in_force

§ 57-0111. Long Island Pine Barrens maritime reserve council.\n  1. There is hereby established, within the department, a Long Island\nPine Barrens maritime reserve council to help local governments and the\nstate coordinate the efforts of all municipal, county, state and federal\nagencies involved in the management of the preserve and to oversee and\nprepare a comprehensive intergovernmental management plan for the Long\nIsland Pine Barrens maritime reserve that the state and local\ngovernments may adopt.\n  2. The council shall be composed of seventeen voting members. The\ngovernor shall appoint three members. The county executive of the county\nof Suffolk, with the advice and consent of the county legislature, shall\nappoint four members. The town supervisors of the towns of Riverhead,\nSouthold, Shelter Island, Southampton, East Hampton and Brookhaven shall\neach appoint one member. The commissioner or his or her designee, the\ncommissioner of parks, recreation and historic preservation or his or\nher designee, the secretary of state or his or her designee for purposes\nof matters related to coastal resources and the commissioner of economic\ndevelopment or his or her designee for purposes of tourism shall serve\nas ex-officio members. All members, except ex-officio members shall be\nresidents of the county of Suffolk and shall have demonstrated expertise\nin the functional areas to be addressed by the commission. All initial\nappointments shall be made within sixty days of the effective date of\nthis title.\n  3. Members of the council shall serve for a term of two years or\nthereafter until a successor is appointed. A chairperson shall be\ndesignated by the governor. The council shall elect a vice-chairperson\nand such other officers as it may determine are necessary for the\nconduct of its duties.\n  4. Ten members of the council shall constitute a quorum.\n  5. The members of the council shall serve without compensation.\n
N.Y. PBA Law § 1020-N — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-N
Deposit and investment of moneys of the authority
Status: in_force

* § 1020-n. Deposit and investment of moneys of the authority. 1. All\nmoneys of the authority from whatever source derived, except as\notherwise authorized or provided in this title, shall be paid to the\ntreasurer of the authority and shall be deposited forthwith in a bank or\nbanks designated by the authority. The moneys in such accounts shall be\nwithdrawn on the order of such person or persons as the authority may\nauthorize. All deposits of such moneys shall be secured in accordance\nwith section two thousand nine hundred twenty-five of this chapter. The\nstate comptroller and his legally authorized representatives are\nauthorized and empowered from time to time to examine the accounts and\nbooks of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing; the authority shall not be\nrequired to pay a fee for any such examination.\n  2. The authority shall have power to contract with holders of any of\nits bonds or notes, or any trustee therefor, as to the custody,\ncollection, securing, investment and payment of any moneys of the\nauthority and of any moneys held in trust or otherwise for the payment\nof bonds or notes, and to carry out any such contract. Moneys held in\ntrust or otherwise for the payment of bonds or notes or in any way to\nsecure bonds or notes and deposits of such moneys shall be secured in\naccordance with section two thousand nine hundred twenty-five of this\nchapter, and all banks and trust companies in the state are authorized\nto give such security for such deposits.\n  3. Subject to agreements with noteholders and bondholders or any\ntrustee therefor, the authority shall prescribe a uniform system of\naccounts in accordance with generally accepted accounting principles.\n  * NB There are 2 § 1020-n's\n
N.Y. SOS Law § 390-B — New York Code / Act SOS / Article 6 / Title 1 / Section 390-B
Criminal history review and background clearances of child care providers, generally
Status: in_force

§ 390-b.  Criminal history review and background clearances of child\ncare providers, generally.\n  1. Notwithstanding any other provision of law to the contrary, and\nsubject to rules and regulations of the office of children and family\nservices and, where applicable, the division of criminal justice\nservices, the following clearances shall be conducted for entities\nspecified in subdivision two of this section in the time and manner as\nrequired by this section:\n  (a) a criminal history record check with the division of criminal\njustice services;\n  (b) a search of the criminal history repository in each state other\nthan New York where such person resides or resided during the preceding\nfive years, if applicable unless such state's criminal history record\ninformation will be provided as part of the results or the clearance\nconducted pursuant to paragraph (c) of this subdivision;\n  (c) a national criminal record check with the federal bureau of\ninvestigation; the division of criminal justice services is directed to\nsubmit fingerprints to the federal bureau of investigation for the\npurpose of a nationwide criminal history record check, pursuant to and\nconsistent with public law 113-186 to determine whether such persons\nshall have a criminal history in any state or federal jurisdiction;\n  (d) a search of the New York state sex offender registry;\n  (e) a search of any state sex offender registry or repository in each\nstate other than New York where such person resides or resided during\nthe preceding five years, if applicable unless such state's sex offender\nregistry information will be provided as part of the clearance conducted\npursuant to paragraph (f) of this subdivision;\n  (f) a search of the national sex offender registry using the national\ncrime and information center, established under the Adam Walsh child\nprotection and safety act of 2006 (42 U.S.C. 16901 et seq.);\n  (g) a database check of the statewide central register of child abuse\nand maltreatment in accordance with section four hundred twenty-four-a\nof this article; and\n  (h) a search of a state-based child abuse or neglect repository of any\nstate other than New York where such person resides or resided during\nthe preceding five years; if applicable.\n  1-a. For purposes of this section, and in accordance with federal law,\nthe term "enrolled legally-exempt provider" shall refer to a person who\nmeets the definition of "enrolled legally-exempt provider" as defined in\nparagraph (g) of subdivision one of section three hundred ninety of this\ntitle and who is not an individual who is related to all children for\nwhom child care services are provided.\n  2. In relation to any child day care program and any enrolled\nlegally-exempt provider:\n  (a) the clearances required pursuant to paragraphs (a), (c), (d) and\n(g) of subdivision one of this section shall be conducted for:\n  (i) every prospective volunteer with the potential for unsupervised\ncontact with children in care;\n  (ii) every applicant to become an enrolled legally-exempt provider;\n  (iii) every prospective employee, director or operator of such a\nprogram or provider; and\n  (iv) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided in a\nfamily or group family setting; and\n  (v) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided who\nare not related in any way to all children receiving services as or will\nbe provided by an enrolled legally exempt provider;\n  (b) notwithstanding any other provision of law to the contrary, prior\nto October first, two thousand twenty, all clearances listed in\nsubdivision one of this section that have not previously been conducted\npursuant to paragraph (a) of this subdivision and for which on-going\ncriminal history results are not already provided, shall be conducted in\naccordance with a schedule developed by the office of children and\nfamily services, for all:\n  (i) existing volunteers with the potential for unsupervised contact\nwith children in care;\n  (ii) existing caregivers for an enrolled legally exempt provider;\n  (iii) existing employees, directors and operators of any such program\nor provider; and\n  (iv) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided in a\nfamily or group family setting; and\n  (v) every individual eighteen years of age and over residing or who\nbegins to reside in a home where services are or will be provided who\nare not related in any way to all children receiving services as or will\nbe provided by an enrolled legally exempt provider;\n  (c) notwithstanding any other provision of law to the contrary, the\nclearances required pursuant to this section other than those for which\non-going criminal history results are provided, shall be conducted for a\nperson listed in subparagraphs (i), (ii), (iii) and (iv) of paragraph\n(b) of this subdivision at least once every five years in accordance\nwith a schedule developed by the office of children and family services.\n  3. (a) Notwithstanding any other provision of law to the contrary, in\nrelation to the clearances required pursuant to this section, an\nindividual or a program or provider shall be deemed ineligible, as such\nterm is defined in paragraph (b) of this subdivision, if such\nindividual:\n  (i) refuses to consent to such clearance;\n  (ii) knowingly makes a materially false statement in connection with\nsuch a clearance;\n  (iii) is registered, or is required to be registered, on a state sex\noffender registry or repository or the national sex offender registry\nestablished under the Adam Walsh child protection and safety act of 2006\n(42 U.S.C. 16901 et seq.); or\n  (iv) has been convicted of a crime enumerated in subparagraph (E) or\nclauses (i) through (viii) of subparagraph (D) of paragraph (1) of\nsubdivision (C) of 42 U.S.C. 9858f.\n  (b) For purpose of this subdivision, the term "ineligible" shall mean:\n  (i) the individual who engaged in conduct listed in paragraph (a) of\nthis subdivision shall not be permitted to:\n  (1) operate, direct, be the caregiver for, or be employed by a child\nday care program or an enrolled legally-exempt provider; or\n  (2) be a volunteer with the potential for unsupervised contact with\nchildren in a child day care program or with an enrolled legally-exempt\nprovider; or\n  (3) be an enrolled legally exempt provider; or\n  (ii) in relation to child day care programs or any enrolled\nlegally-exempt providers, where child care is, or is proposed to be\nprovided, to a child in a home setting where such child does not reside,\nsuch program or provider shall not be eligible to operate or to be\nenrolled to serve children receiving child care subsidies pursuant to\ntitle five-C of this article, if an individual over the age of eighteen\nwho is not related in any way to all children for whom child care\nservices are or will be provided, resides in the household where child\ncare is, or is proposed to be provided, engaged in conduct listed in\nparagraph (a) of this subdivision.\n  3-a. (a) In relation to child day care programs and any enrolled\nlegally-exempt provider, when a clearance conducted pursuant to this\nsection reveals that any existing operator, director, caregiver, or\nperson over the age of eighteen who is not related in any way to all\nchildren for whom child care services are or will be provided, that\nresides in a home where child care is provided in a home setting where\nthe child does not reside has been convicted of a crime other than one\nset forth in subparagraph (iv) of paragraph (a) of subdivision three of\nthis section, and unless such crime is eligible for expungement pursuant\nto section 160.50 of the criminal procedure law, the office of children\nand family services shall conduct a safety assessment of the program and\ntake all appropriate steps to protect the health and safety of the\nchildren in the program, and may deny, limit, suspend, revoke or reject\nsuch program's license or registration or terminate or reject such\nprogram's enrollment, as applicable, unless the office of children and\nfamily services, determines in its discretion, that continued operation\nby the child day care program or enrolled legally-exempt provider will\nnot in any way jeopardize the health, safety or welfare of the children\ncared for in the program or by the provider.\n  (b) In relation to child day care programs and any enrolled\nlegally-exempt provider, when a clearance conducted pursuant to this\nsection reveals that any existing employee or volunteer with the\npotential for unsupervised contact with children has been convicted of a\ncrime other than one set forth in subparagraph (iv) of paragraph (a) of\nsubdivision three of this section, and unless such crime is eligible for\nexpungement pursuant to section 160.50 of the criminal procedure law,\nthe office of children of family services shall conduct a safety\nassessment of the program and take all appropriate steps to protect the\nhealth and safety of the children in the program. The office of children\nand family services may direct the program or provider to terminate the\nemployee or volunteer based on such a conviction, consistent with\narticle twenty-three-A of the correction law.\n  (c) (i) In relation to any child day care programs and any enrolled\nlegally-exempt providers, where a clearance conducted pursuant to this\nsection reveals a conviction for a crime other than one set forth in\nsubparagraph (iv) of paragraph (a) of subdivision three of this section,\nand unless such crime is eligible for expungement pursuant to section\n160.50 of the criminal procedure law, for any prospective employee or\nvolunteer, the office of children and family services may direct that\nsuch person not be hired, as applicable, based on such a conviction,\nconsistent with article twenty-three-A of the correction law.\n  (ii) In relation to any child day care program and any enrolled\nlegally-exempt provider, when a clearance conducted pursuant to this\nsection reveals a conviction for a crime other than one set forth in\nsubparagraph (iv) of paragraph (a) of subdivision three of this section,\nand unless such crime is eligible for expungement pursuant to section\n160.50 of the criminal procedure law, for any prospective caregiver\nseeking enrollment, or applicant to be a director or operator, the\noffice of children and family services may deny the application or\nenrollment, consistent with article twenty-three-A of the correction\nlaw.\n  (d) (i) Where a clearance conducted pursuant to this section reveals\nthat an applicant to be the operator or director of a child day care\nprogram, or applicant to be a caregiver, or anyone who is not related in\nany way to all children for whom child care services will be provided,\nresides in the home over the age of eighteen where child day care is\nproposed to be provided to children in a home-based setting has been\ncharged with a crime, the office of children and family services shall\nhold the application in abeyance until the charge is finally resolved.\n  (ii) Where a clearance conducted pursuant to this section reveals that\nthe current operator or director of a child day care program, or any\nperson over the age of eighteen who is not related in any way to all\nchildren for whom child care services will be provided, that resides in\na home where child day care is provided has been charged with a crime,\nthe office of children and family services shall conduct a safety\nassessment of the program and take all appropriate steps to protect the\nhealth and safety of children in the program. The office of children and\nfamily services may suspend a license or registration or terminate\nenrollment based on such a charge when necessary to protect the health\nand safety of children in the program.\n  (iii) Where a clearance conducted pursuant to this section reveals\nthat an existing caregiver, volunteer or an existing employee of an\nenrolled legally-exempt provider or any person over the age of eighteen\nthat resides in a home where the child care is provided by an enrolled\nlegally-exempt provider in a home setting where the child does not\nreside, has been charged with a crime, the office of children and family\nservices shall take one or more of the following steps:\n  (A) Conduct a safety assessment; or\n  (B) Take all appropriate steps to protect the health and safety of\nchildren in the program.\n  (iv) Where a clearance conducted pursuant to this section reveals that\nan applicant to be an employee or volunteer with the potential for\nunsupervised contact with children of a child day care program or\nenrolled legally-exempt provider has been charged with a crime, the\noffice shall hold the application in abeyance until the charge is\nfinally resolved.\n  (v) Where a clearance conducted pursuant to this section reveals that\na current employee, or current volunteer with the potential for\nunsupervised contact with children of a child day care program has been\ncharged with a crime, the office of children and family services shall\nconduct a safety assessment of the program and take all appropriate\nsteps to protect the health and safety of the children in the program.\n  3-b. All persons who are subjected to a criminal history and\nbackground clearance and safety assessment pursuant to this section who\nthe office of children and family services determines: (i) should be\ndenied enrollment, employment, or the ability to volunteer pursuant to a\nbackground clearance analysis performed by the office of children and\nfamily services, and (ii) where such denial is not based on an offense\nlisted in paragraph (a) of subdivision three of this section, shall have\nthe ability to request a de novo review of the article twenty-three-a of\nthe correction law determination in an administrative hearing before an\nadministrative law judge, to be held and completed before the present\nemployer is notified of such clearance determination. Such person shall\nhave reasonable notice concerning the determination, and information\nregarding how to request a hearing to review that determination, and an\nopportunity to provide any additional information that such person deems\nrelevant to such determination. Such person may choose to be heard in\nperson, by video conference if reasonably available, or through\nsubmission of written materials. Where such request is made, the office\nof children and family services shall also have an opportunity to be\nheard.\n  4. Prior to making a determination to deny an application pursuant to\nsubdivision three of this section, the office of children and family\nservices shall afford the applicant an opportunity to explain, in\nwriting, why the application should not be denied.\n  5. Notwithstanding any other provision of law to the contrary, the\noffice of children and family services, upon receipt of a criminal\nhistory record from the division of criminal justice services, may\nrequest, and is entitled to receive, information pertaining to any crime\ncontained in such criminal history record from any state or local law\nenforcement agency, district attorney, parole officer, probation officer\nor court for the purposes of determining whether any ground relating to\nsuch criminal conviction or pending criminal charge exists for denying a\nlicense, registration, application or employment.\n  6. The office of children and family services shall pay any required\nprocessing fee for a criminal history or sex offender clearance pursuant\nto this section. The office of children and family services shall\npromptly submit fingerprints obtained pursuant to this section and such\nprocessing fee to the division of criminal justice services.\n  7. Where the office of children and family services or its designee\ndenies or directs a child day care or an enrolled legally-exempt\nprovider to deny an application based on the criminal history record;\n(a) the provider must notify the applicant that such record is the basis\nof the denial; and (b) the office of children and family services shall\nalso notify as the case may be, such current or prospective operator,\ndirector, employee, assistant, legally exempt provider, volunteer with\nthe potential for unsupervised contact with children or other person\neighteen years of age or older, who resides in the home where care is\nprovided, other than the child's home, that the criminal record check\nwas the basis for the denial of clearance and shall provide such\nindividual with a copy of the results of the national criminal record\ncheck upon which such denial was based together with a written statement\nsetting forth the reasons for such denial, as well as a copy of article\ntwenty-three-A of the correction law and inform such individual of his\nor her right to seek correction of any incorrect information contained\nin such national record check provided by the federal bureau of\ninvestigation.\n  8. Any safety assessment required pursuant to this section shall\ninclude a review of the duties of the individual, the extent to which\nsuch individual may have contact with children in the program or\nhousehold and the status and nature of the criminal charge or\nconviction. Where the office of children and family services performs\nthe safety assessment, it shall thereafter take all appropriate steps to\nprotect the health and safety of children receiving care in the child\nday care center, school age child care program, family day care home or\ngroup family day care home.\n  9. (a) Any criminal history record provided by the division of\ncriminal justice services, and any summary of the criminal history\nrecord provided by the office of children and family services to a\nperson that receives a clearance pursuant to this section, is\nconfidential and shall not be available for public inspection; provided,\nhowever, nothing herein shall prevent the office of children and family\nservices from disclosing criminal history information or the individual\nfrom disclosing his or her criminal history information at any\nadministrative or judicial proceeding relating to the denial or\nrevocation of an application, employment, license or registration. The\nsubject of a criminal history review conducted pursuant to this section\nshall be entitled to receive, upon written request, a copy of the\nsummary of the criminal history record. Unauthorized disclosure of such\nrecords or reports shall be subject to civil penalties in accordance\nwith the provisions of subdivision eleven of section three hundred\nninety of this title.\n  (b) The office of children and family services shall not release the\ncontent of the results of the nationwide criminal history record check\nconducted by the federal bureau of investigation in accordance with this\nsubdivision to any non-public entity.\n  10. A child day care or enrolled legally-exempt provider shall advise\nthe office of children and family services when an individual who is\nsubject to criminal history record review in accordance with subdivision\none or two of this section is no longer subject to such review. The\noffice of children and family services shall inform the division of\ncriminal justice services when an individual who is subject to criminal\nhistory review is no longer subject to such review so that the division\nof criminal justice services may terminate its retain processing with\nregard to such person. At least once a year, the office of children and\nfamily services will be required to conduct a validation of the records\nmaintained by the division of criminal justice services.\n  11. Child day care centers which are not subject to the provisions of\nsection three hundred ninety of this title shall not be subject to the\nprovisions of this section, provided however, that the city of New York\nshall require that such child day care centers meet the requirements of\nany federal laws and regulations pertaining to the child care\ndevelopment and block grant and the related federally approved plans of\nthe state of New York.\n  12. A child care support center certified pursuant to section three\nhundred ninety-n of this title shall be authorized to request clearances\nfor substitute caregivers in accordance with this section. Substitute\ncaregivers shall be considered "prospective employees" of a child day\ncare program under subparagraph (iii) of paragraph (a) of subdivision\ntwo of this section.\n
N.Y. PBH Law § 2411 — New York Code / Act PBH / Article 24 / Title 1-B / Section 2411
Powers and duties of the board
Status: in_force

§ 2411. Powers and duties of the board. 1. The board shall:\n  (a) Survey state agencies, boards, programs and other state\ngovernmental entities to assess what, if any, relevant data has been or\nis being collected which may be of use to researchers engaged in breast\ncancer research;\n  (b) Consistent with the survey conducted pursuant to paragraph (a) of\nthis subdivision, compile a list of data collected by state agencies\nwhich may be of assistance to researchers engaged in breast cancer\nresearch as established in section twenty-four hundred twelve of this\ntitle;\n  (c) Consult with the Centers for Disease Control and Prevention, the\nNational Institutes of Health, the Federal Agency For Health Care Policy\nand Research, the National Academy of Sciences and other organizations\nor entities which may be involved in cancer research to solicit both\ninformation regarding breast cancer research projects that are currently\nbeing conducted and recommendations for future research projects;\n  (d) Review requests made to the commissioner for access to information\npursuant to paragraph b of subdivision one of section 33-1203 and\nparagraph c of subdivision two of section 33-1205 of the environmental\nconservation law for use in human health related research projects. Such\ndata shall only be provided to researchers engaged in human health\nrelated research. The request made by such researchers shall include a\ncopy of the research proposal or the research protocol approved by their\ninstitution and copies of their institution's Institutional Review Board\n(IRB) or equivalent review board approval of such proposal or protocol.\nIn the case of research conducted outside the auspices of an institution\nby a researcher previously published in a peer-reviewed scientific\njournal, the board shall request copies of the research proposal and\nshall deny access to the site-specific and nine-digit zip code pesticide\ndata if the board determines that such proposal does not follow accepted\nscientific practice for the design of a research project. The board\nshall establish guidelines to restrict the dissemination by researchers\nof the name, address or other information that would otherwise identify\na commercial applicator or private applicator or any person who receives\nthe services of a commercial applicator;\n  (e) Solicit, receive, and review applications from public and private\nagencies and organizations and qualified research institutions for\ngrants from the breast cancer research and education fund, created\npursuant to section ninety-seven-yy of the state finance law, to conduct\nresearch or educational programs which focus on the causes, prevention,\nscreening, treatment and cure of breast cancer and may include, but are\nnot limited to mapping of breast cancer, and basic, behavioral,\nclinical, demographic, environmental, epidemiologic and psychosocial\nresearch. The board shall make recommendations to the commissioner, and\nthe commissioner shall, in his or her discretion, grant approval of\napplications for grants from those applications recommended by the\nboard. The board shall consult with the Centers for Disease Control and\nPrevention, the National Institutes of Health, the Federal Agency For\nHealth Care Policy and Research, the National Academy of Sciences,\nbreast cancer advocacy groups, and other organizations or entities which\nmay be involved in breast cancer research to solicit both information\nregarding breast cancer research projects that are currently being\nconducted and recommendations for future research projects. As used in\nthis section, "qualified research institution" may include academic\nmedical institutions, state or local government agencies, public or\nprivate organizations within this state, and any other institution\napproved by the department, which is conducting a breast cancer research\nproject or educational program. If a board member submits an application\nfor a grant from the breast cancer research and education fund, he or\nshe shall be prohibited from reviewing and making a recommendation on\nthe application;\n  (f) Consider, based on evolving scientific evidence, whether a\ncorrelation exists between pesticide use and pesticide exposure. As part\nof such consideration the board shall make recommendations as to\nmethodologies which may be utilized to establish such correlation;\n  (g) After two years of implementation of pesticide reporting pursuant\nto section 33-1205 of the environmental conservation law, the board\nshall compare the percentage of agricultural crop production general use\npesticides being reported to the total amount of such pesticides being\nused in this state as estimated by Cornell University, Cornell\nCooperative Extension, the department of environmental conservation, and\nthe Environmental Protection Agency;\n  (h) Meet at least six times in the first year, at the request of the\nchair and at any other time as the chair deems necessary. The board\nshall meet at least two times a year and as needed thereafter. Provided,\nhowever, that at least one such meeting a year shall be a public\nhearing, at which the general public may question and present\ninformation and comments to the board with respect to the operation of\nthe health research science board, the breast cancer research and\neducation fund, and pesticide reporting established pursuant to sections\n33-1205 and 33-1207 of the environmental conservation law. At such\nhearing, the commissioner of the department of environmental\nconservation or his or her designee shall make a report to the board\nwith respect to the efficiency and utility of pesticide reporting\nestablished pursuant to sections 33-1205 and 33-1207 of the\nenvironmental conservation law. Should the existing bylaws be amended by\nthe board, any such amendments shall be consistent with the revisions of\nthis paragraph;\n  2. The commissioner shall request that the department of environmental\nconservation compile information pursuant to paragraph b of subdivision\none of section 33-1203 of the environmental conservation law as\nnecessary to fulfill board approved requests, pursuant to paragraph (d)\nof subdivision one of this section.\n  3. The commissioner shall provide the board with such staff assistance\nand support services as are necessary for the board to perform the\nfunctions required of it under this section.\n
N.Y. ELN Law § 17-102 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-102
Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions
Status: in_force

§ 17-102. Misdemeanors at, or in connection with, primary elections,\ncaucuses, enrollment in political parties, committees, and conventions.\nAny person who:\n  1. At a primary election or caucus of a party, wilfully votes, or\nattempts to vote, without being entitled to do so, or votes, or attempts\nto vote under any other name than his own or on the same day more than\nonce under his own name; or,\n  2. Votes, or offers to vote, at a primary election or caucus of a\nparty, having voted at the primary election or caucus of any other\npolitical party on the same day, or being at the time enrolled in a\nparty other than the party at whose primary or caucus he votes or offers\nto vote; or, who causes his name to be placed upon the rolls of a party\norganization of one party while his name is by his consent or\nprocurement upon the rolls of a party organization of another party; or,\n  3. At a primary election or caucus, for the purpose of affecting the\nresult thereof, votes or attempts to vote two or more ballots, or adds,\nor attempts to add, any ballot to those lawfully cast, by fraudulently\nintroducing the same into the ballot box before or after the ballots\ntherein have been counted, or who adds to or mixes with, or attempts to\nadd to or mix with, the ballots lawfully cast, another ballot or other\nballots before the votes have been counted or canvassed, or while the\nvotes are being counted or canvassed; or at any time abstracts any\nballots lawfully cast, with intent to change the result of such election\nor to change the count thereat in favor of or against any person voted\nfor at such election, or to prevent the ballots being recounted or used\nas evidence; or carries away, destroys, loses, conceals, detains,\nsecretes, mutilates, or attempts to carry away, destroy, conceal,\ndetain, secrete, or mutilate, any tally lists, ballots, ballot boxes,\nenrollment books, certificates of return, or any official documents\nprovided for by the election law or otherwise by law, for the purpose of\naffecting or invalidating the result of such election, or of destroying\nevidence; or in any manner interferes with the officers holding any\nprimary election or conducting the canvass of the votes cast thereat, or\nwith voters lawfully exercising, or seeking to exercise, their right of\nvoting at such primary election; or,\n  4. For the purpose of securing enrollment as a member of a political\nparty, or for the purpose of being allowed to vote at a primary election\nor caucus as a member of a political party makes, deposits or files with\na board of inspectors, or with any public officer or board, a false\ndeclaration of party affiliation or wilfully makes a false declaration\nof residence, either by an enrollment blank or otherwise, or falsely\nanswers any pertinent question asked him by the board of election\ninspectors, or by a member thereof; or,\n  5. Fraudulently or wrongfully does any act tending to affect the\nresult of any primary election, caucus or convention; or,\n  6. Induces or attempts to induce any poll clerk, election inspector,\nelection coordinator, or officer, clerk or employee of the board of\nelections discharging any duty or performing any act required or made\nnecessary by the election law at a primary election or in connection\nwith the registration or enrollment of voters, to do any act in\nviolation of his duty or in violation of the election law; or,\n  7. Directly or indirectly, by himself or through any other person,\npays, or offers to pay, money or other valuable thing, or promises a\nplace or position, or offers any other consideration or makes any other\npromise, to any person, to induce any voter to vote, or refrain from\nvoting, at a primary election or caucus, or convention, for or against\nany particular person; or does or offers to do, anything to hinder or\ndelay any elector from taking part in or voting at a primary election or\ncaucus; or,\n  8. By menace or other unlawful or corrupt means, directly or\nindirectly, influences or attempts to influence, the vote of any person\nentitled to vote at a primary election or caucus, or convention, or\nobstructs such person in voting, or prevents him from voting thereat;\nor,\n  9. Directly or indirectly, by himself or through another person,\nreceives money or other valuable thing, or a promise of a place or\nposition, before, at, or after any primary election or caucus, or\nconvention, for voting or refraining from voting for or against any\nperson, or for voting or refraining from voting at a primary election,\ncaucus or convention; or,\n  10. Being an officer, teller, canvasser, or inspector, at a primary\nelection or caucus, knowingly permits any fraudulent vote to be cast, or\nknowingly receives and deposits in the ballot box any ballots offered by\nany person not qualified to vote; or permits the removal of ballots from\nthe polling place before the close of the polls, or refuses to receive\nballots intended for the electors of the district, or refuses to deliver\nto any elector ballots intended for the electors of the district which\nhave been delivered to the board of inspectors, or permits\nelectioneering within the polling place or within one hundred feet\ntherefrom, or fails to keep order within the polling place, or permits\nany person other than the inspectors, or other persons permitted by this\nchapter to render assistance, to accompany an elector into a voting\nbooth, or enters the voting booth with any elector, except one entitled\nto receive such assistance in the preparation of his ballot, or permits\nany person, other than a voter who has not voted, or a watcher to come\nwithin the guard rail or removes or permits another to remove any mark\nplaced upon a ballot for its identification; or,\n  11. Being an officer, clerk or employee of the board of elections,\nelection inspector, poll clerk or election coordinator, knowingly puts\nopposite the name of an elector in an enrollment book any enrollment\nnumber other than the number opposite such name in the registration poll\nrecords of such district, or knowingly delivers to or receives from any\nelector on the day of registration an enrollment blank or envelope on\nwhich is any other enrollment number than the one opposite his name in\nsuch registration poll records or knowingly transcribes from an\nenrollment blank to the enrollment books any refusal to enroll or\nenrollment not indicated on the enrollment blank of the elector of such\ndistrict whose enrollment number appears on such enrollment blank, or\nrefuses or wilfully neglects to transcribe from any enrollment blank to\nthe proper enrollment books any refusal to enroll or enrollment\nindicated on the enrollment blank of such an elector, enrolls or\nattempts to enroll as a member of a political party upon any of the\nenrollment books, any person not qualified to enroll as such, or\nfraudulently enters thereupon the name of any person who has not\nenrolled as a member of any political party, or refuses or wilfully\nneglects to enroll upon any of the enrollment books the name of any\nqualified person who has demanded to be enrolled as a member of a\npolitical party, or at any time strikes from any of the enrollment books\nthe name of any person duly enrolled, or at any time adds to any of the\nenrollment books the name of any person not qualified to be enrolled as\na member of a political party, or the name of any person who in fact has\nnot enrolled as such; or makes marks upon, mutilates, carries away,\nconceals, alters, or destroys any enrollment blank or enrollment\nenvelope used or deposited by an elector on a day of registration for\nthe purpose of enrolling or refusing to enroll himself as a member of a\npolitical party; or mutilates, carries away, conceals, alters or\ndestroys, any statement or declaration made by a qualified voter for the\npurpose of enrolling as a member of the party; or, prior to the close of\nthe last meeting for registration in any year, mutilates, carries away,\nconceals, alters, or destroys any enrollment blanks or enrollment\nenvelopes not then delivered to electors; or,\n  12. Being an officer, teller, canvasser, election inspector, clerk or\nemployee of the board of elections or any officer of a political\ncommittee or a convention, wilfully omits, refuses or neglects to do any\nact required by this chapter or otherwise by law, or violates any of the\nprovisions of the election law, or makes or attempts to make any false\ncanvass of the ballots cast at a primary election, caucus or convention,\nor a false statement of the result of a canvass of the ballots cast\nthereat; or,\n  13. Being an officer, clerk or employee of the board of elections, or\nan officer of a political committee or a convention, who is charged\nwith, or assumes, the duty of compiling the roll of any convention,\nwilfully includes in such roll the name of any person not certified to\nbe elected thereto in accordance with the provisions of law, or who\nwilfully omits from such roll the name of any person who is so certified\nto be a delegate to such convention, is guilty of a misdemeanor.\n
N.Y. GOB Law § 15-103 — New York Code / Act GOB / Article 15 / Title 1 / Section 15-103
Consideration to be credited to co-obligor
Status: in_force

§ 15-103. Consideration to be credited to co-obligor.  The amount or\nvalue of any consideration received by the obligee from one or more of\nseveral obligors, or from one or more of joint, or of joint and several\nobligors, in whole or in partial satisfaction of their obligations,\nshall be credited to the extent of the amount received on the\nobligations of all co-obligors to whom the obligor or obligors giving\nthe consideration did not stand in the relation of a surety.\n
N.Y. SOS Law § 132 — New York Code / Act SOS / Article 5 / Title 1 / Section 132
Investigation of applications
Status: in_force

§ 132. Investigation of applications. 1. When an application for\nassistance or care is received, or a social services official is\ninformed that a person is in need of public assistance and care, an\ninvestigation and record shall be made of the circumstances of such\nperson. The object of such investigations shall be to secure the facts\nnecessary to determine whether such person is in need of public\nassistance or care and what form thereof and service he or she should\nreceive. Information shall be sought as to the residence of such person,\nthe name, age, religious faith, physical condition, earnings or other\nincome, and ability to work of all members of the family, the cause of\nthe person's condition, the ability and willingness of the family,\nrelatives, friends and church to assist, and such other facts as may be\nuseful in determining the treatment which will be helpful to such\nperson. However, nothing in this subdivision or elsewhere in this\nchapter contained shall be construed to require a social services\nofficial to communicate with or require assistance from any person or\npersons liable by law to contribute to the support of a woman pregnant\nwith, or the mother of, an out of wedlock child, in need of care away\nfrom home during pregnancy and during and after delivery, in the case\nwhere the surrender of the child to the social services official is\nunder consideration, for such period as may be necessary for such mother\nand official to decide whether the child will be surrendered for\nadoption to such official, which period shall not extend beyond ninety\ndays after birth of the child. Except where the welfare official is in\npossession of positive proof that the applicant is receiving or is\neligible to receive unemployment insurance benefits and the amount\nthereof such investigations shall include written request to the\ncommissioner of labor or his or her duly authorized officer charged with\nadministration of the unemployment insurance law for information as to\nthe status of such person in respect to unemployment insurance benefits.\n  2. (a) All applications received by a town social services officer\nshall be forwarded to the county commissioner immediately and all such\napplications shall be investigated by the staff of the county\ncommissioner. After investigation the county commissioner shall return\nto the town social services officer every application for safety net\nassistance made by a person residing or found in such town, together\nwith his or her recommendation as to the eligibility of the applicant\nand the amount of assistance to be granted, if any. In addition thereto,\nthe county commissioner shall keep the town social services officer\ncurrently informed of persons residing in his or her town who are\nreceiving any form of public assistance and care other than safety net\nassistance.\n  (b) In a city social services district, investigation of applications\nshall be made by the city commissioner of social services and his staff.\n  (c) In a city which is functioning under section seventy-four-a of\nthis chapter, investigation shall be made by the county commissioner of\nsocial services and his staff.\n  3. The commissioner of the department of family assistance shall\nprovide by regulation for methods of determining eligibility for public\nassistance and care, other than medical assistance, to be utilized by\nall social services officials. Such regulations shall provide for\nmethods of verifying information supplied by or about recipients with\ninformation contained in the wage reporting system established pursuant\nto section one hundred seventy-one-a of the tax law and similar systems\nin other geographically contiguous states, and, to the degree mandated\nby federal law with the non-wage income file maintained by the United\nStates internal revenue service, with the benefits and earnings data\nexchange maintained by the United States department of health and human\nservices, and with the unemployment insurance benefit file.\n  4. (a) Investigation into the cause of the condition of a head of\nhousehold or of any adult applicant or recipient and the treatment which\nwill be helpful to such person shall include a screening for alcohol\nand/or substance abuse using a standardized screening instrument to be\ndeveloped by the office of addiction services and supports in\nconsultation with the department. Such screening shall be performed by a\nsocial services district at the time of application and periodically\nthereafter but not more frequently than every six months, unless the\ndistrict has reason to believe that an applicant or recipient is abusing\nor dependent on alcohol or drugs, in accordance with regulations\npromulgated by the department. Such screening may be conducted by\ntelephone or other digital means at the request of the applicant or\nrecipient.\n  (b) When the screening process indicates that there is reason to\nbelieve that an applicant or recipient is abusing or dependent on\nalcohol or drugs, the social services district shall require a formal\nalcohol or substance abuse assessment, which may include drug testing,\nto be performed by an alcohol and/or substance abuse professional\ncredentialed by the office of addiction services and supports. Provided\nhowever, if the applicant or recipient tests positive for the presence\nof cannabis, the positive result alone shall not be sufficient to\nestablish a dependence for purposes of requiring an individual to\nparticipate in a treatment program pursuant to paragraph (c) of this\nsubdivision. The assessment may be performed directly by the district or\npursuant to contract with the district. Such assessment may be conducted\nby telephone or other digital means at the request of the applicant or\nrecipient.\n  (c) The social services official shall refer applicants and recipients\nwhom it determines are presently unable to work by reason of their need\nfor treatment for alcohol or substance abuse based on the formal\nassessment to a treatment program licensed or certified by the office of\nalcoholism and substance abuse services or operated by the United States\noffice of veterans affairs and determined by the social services\nofficial to meet the rehabilitation needs of the individual. When\nresidential treatment is appropriate for a single custodial parent, the\nsocial services official shall make diligent efforts to refer the parent\nto a program that would allow the family to remain intact for the\nduration of the treatment.\n  (d) A person who fails to participate in the screening or in the\nassessment shall be ineligible for public assistance. Other members of a\nhousehold which includes a person who has failed to participate in the\nscreening or assessment shall, if otherwise eligible, receive public\nassistance only through safety net assistance if they are otherwise\neligible for public assistance.\n  (e) A person referred to a treatment program pursuant to paragraph (c)\nof this subdivision, and the household with which he or she resides\nshall receive safety net assistance while the person is participating in\nsuch treatment, if the household is otherwise eligible for public\nassistance. If a person referred to treatment cannot participate in that\ntreatment because treatment is not presently available, that person and\nthe household with which he or she resides shall receive safety net\nassistance if the household is otherwise eligible for public assistance.\n  (f) If an applicant or recipient is required, pursuant to paragraph\n(c) of this subdivision, to participate in an appropriate rehabilitation\nprogram and refuses to participate in such program without good cause or\nleaves such program prior to completion of the program without good\ncause, provided that program completion shall be solely determined by\nthe guidelines and rules of such rehabilitation program, or if an\napplicant or recipient has been suspended from the receipt of social\nsecurity disability benefits or supplemental security income benefits by\nreason of noncompliance with requirements of the federal social security\nadministration for treatment for substance abuse or alcohol abuse, the\nperson will be disqualified from receiving public assistance as follows:\n  (i) for the first failure to participate in or complete the program,\nuntil the failure ceases or for forty-five days, whichever period of\ntime is longer;\n  (ii) for the second such failure, until the failure ceases or for one\nhundred twenty days, whichever period of time is longer; and\n  (iii) for the third and subsequent failures, until the failure ceases\nor for one hundred eighty days, whichever period is longer.\n  Good cause shall be defined in regulations by the commissioner.\n  The household with which the person resides shall continue to receive\nsafety net assistance if otherwise eligible.\n  (g) Persons disqualified from receiving public assistance pursuant to\nparagraph (f) of this subdivision who would otherwise be eligible for\npublic assistance and who return to required treatment prior to the end\nof the disqualification period and are receiving residential care as\ndefined in paragraph (d) of subdivision three of section two hundred\nnine of this chapter shall be eligible for safety net assistance.\n  (h) Notwithstanding any inconsistent provision of section one hundred\nthirty-one-o of this article, if a recipient required to participate in\nan appropriate treatment program pursuant to paragraph (c) of this\nsubdivision receives a personal needs allowance, such allowance shall be\nmade as a restricted payment to the treatment program and shall be a\nconditional payment. If such recipient leaves the treatment program\nprior to the completion of such program, any accumulated personal needs\nallowance will be considered an overpayment and returned to the social\nservices district which provided the personal needs allowance.\n  (i) Compliance with the provisions of this subdivision shall not be\nrequired as a condition of applying for or receiving medical assistance.\n
N.Y. SOS Law § 131-E — New York Code / Act SOS / Article 5 / Title 1 / Section 131-E
Family planning services
Status: in_force

§ 131-e.  Family planning services.  Each social services commissioner\nshall require that appropriate members of his staff personally advise\neligible needy persons periodically of the availability at public\nexpense of family planning services for the prevention of pregnancy and\ninquire whether such persons desire to have such services furnished to\nthem.  In those cases where such services are desired, they shall be\nmade available at public expense under appropriate provisions of this\nchapter.  Nothing herein shall be construed, however, to require or\npermit coercion of such persons to request or receive family planning\nservices.\n
N.Y. MRE Law § 106 — New York Code / Act MRE / Article 5 / Title 1 / Section 106
Rooms in cellars
Status: in_force

§ 106. Rooms in cellars. It shall be unlawful to occupy all or any\npart of a cellar for sleeping purposes, but all or part of such cellar\nmay be used for storage or other general utility purposes accessory to\nthe occupancy, use or management of the dwelling.\n
N.Y. ENV Law § 11-0113 — New York Code / Act ENV / Article 11 / Title 1 / Section 11-0113
Manner of reference to and amendment of provisions contained in tables
Status: in_force

§ 11-0113. Manner of reference to and amendment of provisions contained\n             in tables.\n  1. Any portion of any table contained in a section of the Fish and\nWildlife Law, which portion is capable of identification by reference as\nprovided in this section or otherwise may be quoted, cited, amended or\nrepealed, as if the portion so quoted, cited, amended or repealed,\nconstituted a complete numbered paragraph.\n  2. In the tables in sections 11-0905 and 11-0907 each letter of the\nalphabet in column one identifies and furnishes the citation for the\nmatter in column one following such letter and also identifies and\nfurnishes the citation for the matter appearing in column two and column\nthree opposite the matter so identified in column one.\n  3. All matter identified by a letter of the alphabet printed in\nlower-case print and enclosed in parentheses may be referred to as an\n"item"; all matter identified by a figure printed in arabic numerals and\nenclosed in parentheses may be referred to as a "sub-item".\n  4. The headings appearing at the top of the columns are not part of\nthe identification and citation of any part of the table, but the\nportion of any item or sub-item appearing in a column may be referred to\nas the portion of that item appearing in that column and "relating to"\nspecies, open season, bag limit, area, game and open season, manner of\ntaking, specified waters of the state, or open season, size limits and\nlimits of catch, as the case may be.\n  5. This section does not make ineffective or affect the construction\nor operation of any other form or manner of reference used in any act\nenacted by the legislature.\n
N.Y. PBH Law § 2500-F-1 — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-F-1
Special program for HIV services for women and children, including adolescents
Status: in_force

§ 2500-f-1. Special program for HIV services for women and children,\nincluding adolescents. The commissioner, pursuant to a request for\nproposal, shall make grants to programs to provide HIV services for\nwomen and children, including adolescents which may include outreach and\neducation concerning HIV infection, modes of transmission, the benefits\nof early diagnosis and medical intervention and the availability of\nservices in the community for women and children, including adolescents,\nincluding those in need of prenatal and postpartum services. Such\nprograms may make referrals for and may deliver medical and other\nappropriate services to assist such women and children, including\nadolescents. The commissioner is authorized to make grants within\namounts available therefor to hospitals, community-based organizations\nand community service programs for programs authorized under this\nsection.\n
N.Y. ENV Law § 17-0103 — New York Code / Act ENV / Article 17 / Title 1 / Section 17-0103
Statement of purpose
Status: in_force

§ 17-0103. Statement of purpose.\n  It is the purpose of this article to safeguard the waters of the state\nfrom pollution by preventing any new pollution and abating pollution\nexisting when the predecessor of this chapter was enacted, under a\nprogram consistent with the declaration of policy stated in section\n17-0101.\n
N.Y. PBA Law § 3667 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3667
County financial plans
Status: in_force

§ 3667. County financial plans.  1. The county executive shall prepare\nand submit to the authority a four-year financial plan, initially for\nthe fiscal years ending December thirty-first, two thousand one through\ntwo thousand four, together with the proposed budget for the fiscal year\nending on December thirty-first, two thousand one, not later than the\ndate required for submission of such budget to the legislature pursuant\nto the county charter. Such financial plan shall, in addition to the\nrequirements for financial plans set forth in subdivisions two and three\nof this section, contain actions sufficient to ensure with respect to\nthe major operating funds for each fiscal year of the plan that annual\naggregate operating expenses for such fiscal year shall not exceed\nannual aggregate operating revenues for such fiscal year. For purposes\nof determining operating revenues in the fiscal years ending December\nthirty-first, two thousand one through two thousand seven, such plan may\nassume (a) borrowings by the county or the authority to finance tax\ncertiorari judgments or settlements in annual amounts not exceeding one\nhundred million dollars, or, in the aggregate for all such years, four\nhundred million dollars; however, of said four hundred million dollars,\nno more than fifteen million dollars may be counted as operating revenue\nin the fiscal year two thousand six and no more than ten million dollars\nmay be counted as operating revenue in fiscal year two thousand seven,\nand (b) receipt by the county of NCIFA assistance and transitional state\naid in the following collective amounts for each respective fiscal year:\n                         Amount              Fiscal Year\n                         2001 amount         2001\n                         2002 amount         2002\n                         2003 amount         2003\n                         2004 amount         2004.\nThe  one  hundred million dollars annual limit on assumed tax certiorari\nborrowings may be waived by the authority respecting  any  fiscal  year,\nupon its determination that the results of any increased and accelerated\nsettlement or litigation efforts by the county justify such waiver.\n  As used in this subdivision:\n  "2001 amount" means that amount expected to be provided by the\nauthority to ensure balanced major operating fund operations upon its\ndetermination that the county has taken recurring actions to close\nbetween thirty-five per centum (35%) and forty per centum (40%) of the\nprojected gap.\n  "2002 amount" means that amount expected to be provided by the\nauthority to ensure balanced major operating fund operations upon its\ndetermination that the county has taken recurring actions to close\nbetween forty-five per centum (45%) and fifty per centum (50%) of the\nprojected gap.\n  "2003 amount" means that amount expected to be provided by the\nauthority to ensure balanced major operating fund operations upon its\ndetermination that the county has taken recurring actions to close\nbetween sixty per centum (60%) and sixty-five per centum (65%) of the\nprojected gap.\n  "2004 amount" means that amount expected to be provided by the\nauthority to ensure balanced major operating fund operations upon its\ndetermination that the county has taken recurring actions to close\nbetween eighty per centum (80%) and eighty-five per centum (85%) of the\nprojected gap.\n  2. Pursuant to the procedures contained in this subdivision, each year\nduring the interim finance period or during a control period the county\nshall develop, and may from time to time modify, taking into account\nrecommendations of the authority, a four year financial plan covering\nthe county and the covered organizations. Each such financial plan and\nfinancial plan modification shall conform to the requirements of\nparagraph (a) of this subdivision and shall provide that the major\noperating funds of the county will be balanced in accordance with\ngenerally accepted accounting principles. The financial plan shall be\ndeveloped and approved, and may from time to time be modified, in\naccordance with the following procedures:\n  (a) The county executive shall prepare and submit to the authority and\nthe legislature a revised financial plan to the authority covering the\nfour year period beginning with the ensuing fiscal year, together with\nthe proposed budget for the ensuing fiscal year, not later than the date\nrequired for submission of such budget pursuant to the county charter.\nOn such dates, the county executive shall also submit to the authority a\ncertificate stating that such budget is consistent with the financial\nplan submitted therewith and that operation within the budget is\nfeasible.\n  (b) Not more than twenty days after submission of a financial plan or\nmore than fifteen days after submission of a financial plan\nmodification, the authority shall determine whether the financial plan\nor financial plan modification is complete and complies with the\nprovisions of section thirty-six hundred sixty-six and this section and\nthe other requirements of this title, and shall submit its\nrecommendations with respect to the financial plan or financial plan\nmodification in accordance with the provisions of this subdivision.\n  (c) Upon the approval by the county of a budget in accordance with the\nprovisions of the county charter and approval of the financial plan by\nthe legislature, the county executive shall submit such approved budget\nand financial plan to the authority accompanied by expenditure, revenue\nand cash flow projections on a quarterly basis and certify to the\nauthority that such budget is consistent with the financial plan to be\nsubmitted to the authority.\n  (d) If the authority determines that the financial plan or financial\nplan modification provided pursuant to paragraphs (c) or (f) of this\nsubdivision is complete and complies with the standards set forth in\nthis subdivision, the authority shall make a certification to the county\nsetting forth revenue estimates agreed to by the authority in accordance\nwith such determination.\n  (e) The authority shall, in the event it disagrees with elements of\nthe financial plan provided pursuant to paragraphs (c) or (f) of this\nsubdivision, provide notice thereof to the county executive, the\nlegislature and the comptroller, with copies to the director of the\nbudget, the state comptroller, the chair of the assembly ways and means\ncommittee and the chair of the senate finance committee, if, in the\njudgment of the authority, such plan:\n  (i) is incomplete;\n  (ii) fails to contain projections of revenues and expenditures that\nare based on reasonable and appropriate assumptions and methods of\nestimation;\n  (iii) fails to provide that operations of the county and the covered\norganizations will be conducted within the cash resources available\naccording to the authority's revenue estimates; or\n  (iv) fails to comply with the provisions of this title or other\nrequirements of law.\n  (f) After the initial adoption of an approved financial plan, the\nrevenue estimates certified by the authority and the financial plan\nshall be regularly reexamined by the authority in consultation with the\ncounty and the covered organizations and the county executive shall\nprovide a modified financial plan in such detail and within such time\nperiods as the authority may require. In the event of reductions in such\nrevenue estimates, or in the event the county or a covered organization\nshall expend funds at a rate that would exceed the aggregate expenditure\nlimitation for the county or covered organization prior to the\nexpiration of the fiscal year, the county executive shall submit a\nfinancial plan modification to effect such adjustments in revenue\nestimates and reductions in total expenditures as may be necessary to\nconform to such revised revenue estimates or aggregate expenditure\nlimitations.\n  (g) If, within a time period specified by the authority, the county\nfails to make such modifications after reductions in revenue estimates,\nor to provide a modified plan in detail and within such time period\nrequired by the authority, the authority shall adopt a resolution so\nfinding.\n  (h) The county shall amend its budget or shall submit a financial plan\nmodification for the approval of the authority such that the county's\nbudget and the approved financial plan shall be consistent. In no event\nshall the county operate under a budget that is inconsistent with an\napproved financial plan.\n  3. The financial plan shall be in such form and shall contain such\ninformation for each year during which the financial plan is in effect\nas the authority may specify, and shall include the county and all the\ncovered organizations, and shall, in such detail as the authority from\ntime to time may prescribe, include (a) statements of all estimated\nrevenues and of all expenditures and cash flow projections of the county\nand each of the covered organizations, (b) a report on the status of\nefforts to reform and streamline the tax certiorari claims process and\neliminate the need in each year of the plan for the county to borrow to\nfinance such claims or judgments, including an accounting of the\nexpenditure of any transitional state aid for such purposes, and (c) an\naccounting of the expenditure of any remaining transitional state aid\navailable to the county for each year of the plan.\n  4. The financial plan shall include any information which the\nauthority may request to satisfy itself that (a) projected employment\nlevels, collective bargaining agreements and other actions relating to\nemployee costs, capital construction and such other matters as the\nauthority may specify are consistent with the provisions made for such\nobligations in the financial plan, (b) the county and the covered\norganizations are taking whatever action is necessary with respect to\nprograms mandated by state and federal law to ensure that expenditures\nfor such programs are limited to and covered by the expenditures stated\nin the financial plan, (c) adequate reserves are provided to maintain\nessential programs in the event revenues have been overestimated or\nexpenditures underestimated for any period, and (d) the county has\nadequate cash resources to meet its obligations. In addition, except to\nthe extent such reporting requirements may be modified pursuant to\nagreement between the authority and the county, for each fiscal year\noccurring during the interim finance period or while bonds issued\npursuant to this title are outstanding, the county executive shall\nprepare a quarterly report of summarized budget data depicting overall\ntrends of actual revenues and budget expenditures for the entire budget\nrather than individual line items and updated quarterly cash flow\nprojections of receipts and disbursements. Such reports shall compare\nrevenue estimates and appropriations as set forth in such budget and in\nthe quarterly revenue and expenditure projections submitted therewith\nwith the actual revenues and expenditures made to date. Such reports\nshall also compare actual receipts and disbursements with the estimates\ncontained in the cash flow projections, together with variances and\ntheir explanation. All quarterly reports shall be accompanied by\nrecommendations from the county executive to the legislature setting\nforth any remedial action necessary to resolve any unfavorable budget\nvariance including the overestimation of revenues and the\nunderestimation of appropriations.  These reports shall be completed\nwithin thirty days after the end of each quarter and shall be submitted\nto the legislature, the authority, the director of the budget and the\nstate comptroller. Except during a control period, for each fiscal year\noccurring during the interim finance period or while bonds issued\npursuant to this title are outstanding, the county executive shall\nsubmit a proposed budget or revision thereto to the authority concurrent\nwith submission to the legislature, and shall submit the adopted budget\nto the authority immediately upon its adoption.\n  5. For each financial plan and financial plan modification to be\nprepared and submitted by the county executive to the authority pursuant\nto the provisions of this section, the covered organizations shall\nsubmit to the county such information with respect to their projected\nexpenditures, revenues and cash flows for each of the years covered by\nsuch financial plan or modification as the county executive shall\ndetermine. Notwithstanding any other provision of law limiting the\nauthority of the county with respect to any covered organization, the\ncounty, in the preparation and submission of the financial plan and\nmodifications thereof, shall (except for debt service or for other\nexpenditures to the extent that such expenditures are required by law)\nhave the power to determine the aggregate expenditures to be allocated\nto any covered organization in the financial plan and any modifications\nthereto.\n  6. The authority and the county shall confer concerning the projected\neffect on the budgets of the county and the covered organizations of any\nchange in generally accepted accounting principles, or change in the\napplication of generally accepted accounting principles to the county\nand the covered organizations, made or to be implemented after the\neffective date of this title. If the authority determines that immediate\ncompliance with such change will have a material effect on such budgets\nover a time period insufficient to accommodate the effect without a\nsubstantial adverse impact on the delivery of essential services by the\ncounty, the authority may authorize and approve a method of phasing the\nrequirements of such change into such budgets over such reasonably\nexpeditious time period as the authority deems appropriate.\n
N.Y. ELN Law § 17-134 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-134
Unlawful use of pasters
Status: in_force

§ 17-134. Unlawful use of pasters. An election officer or other person\nwho uses a paster, sticker or label upon an official ballot, at any\nelection, except as authorized and in the manner provided by this\nchapter, is guilty of a felony.\n