N.Y. RSS Law § 321 — New York Code / Act RSS / Article 8 / Title 4 / Section 321
Members' contributions and their use; annuity savings fund
Status: in_force

§ 321. Members' contributions and their use; annuity savings fund. a.\nThe annuity savings funds shall be the fund in which shall be\naccumulated all contributions made by members to provide for their\nannuities and their withdrawal allowances.\n  b. Upon the basis of tables adopted by the comptroller and regular\ninterest, the actuary shall determine the rate of contribution for each\nmember. Such rate shall be computed as the constant proportion of annual\ncompensation which, when deducted from each payment of such member's\nprospective earnable compensation until he shall attain age sixty, would\nprovide, at that time, an annuity equal to one-one hundred fortieth of\nhis final average salary for each year of member service for which he\nshall be entitled to credit. This method of computation of a member's\nrate of contribution shall be appropriately modified in case of a member\nfor whom such a rate is otherwise fixed pursuant to any other section of\nthis article.\n  c. The rate of contribution of a member who is over age fifty-nine, at\nthe time of his last becoming a member, shall be the same as if his age\nwere fifty-nine.\n  d. The comptroller shall certify each member's rate of contribution to\nhis employer. Each employer by whom a member is employed shall deduct\nfrom the compensation of such member, on each payroll and for every\npayroll period, the proportion of such member's compensation based upon\nhis rate of contribution. In determining the amount earnable by a member\nin a payroll period, the comptroller may consider the rate of annual\ncompensation payable to such member on the first day thereof as\ncontinuing throughout such period. If an employee was not a member on\nthe first day of a payroll period, deductions from compensation for such\nperiod may be omitted. No deductions shall be made from the compensation\nof a member over age sixty who has credit for at least thirty-five years\nof government service and who elects to discontinue his contributions to\nthe annuity savings fund. The contributions herein provided shall be\nmade notwithstanding that the minimum compensation provided by law for\nany member shall be reduced thereby.\n  e. The chief fiscal officer of each employer promptly shall certify\nand file a copy of each payroll with the comptroller. Each such payroll\nand certification shall be in a form approved by the comptroller. The\ncomptroller, in his discretion, may waive the requirements of\ncertification and filing as to any particular payroll.\n  f. Deductions from the compensation of a member shall constitute his\ncontributions. Such contributions shall be remitted promptly to the\ncomptroller. The comptroller shall deposit them in the annuity savings\nfund and they shall be credited, together with regular interest thereon,\nand special interest, if any, to the member's individual account in such\nfund. Regular interest upon accumulated contributions in the annuity\nsavings fund, and special interest, if any, shall be transferred to such\nfund from the pension accumulation fund at the close of each fiscal\nyear.\n  g. If a member shall have deposited in the annuity savings fund of the\nNew York state employees' retirement system, before June thirteenth,\nnineteen hundred thirty-nine, amounts in addition to the contributions\nthen required by law, the same shall be included in his accumulated\ncontributions. Interest thereon, however, shall be credited only at such\nrate as in the opinion of the comptroller is the prevailing rate of\ninterest allowed on savings bank deposits. A member, at any time, may\nwithdraw such additional amounts and such interest thereon, in whole or\nin part. The total of such withdrawn amounts may be redeposited by a\nsingle payment at any time. If such additional amounts be not withdrawn\nbefore retirement, they thereupon shall be used to purchase an annuity\non account of such member. Such annuity shall be in addition to the\nretirement allowance to which he would otherwise be entitled. It shall\nbe computed on the basis of regular interest and the mortality tables\nwhich are used in computing other annuities under this article.\n  h. Valuation of maintenance in certain cases.\n  1. A member of the police and fire retirement system, whose retirement\ncontributions to the New York state employees' retirement system were\ndetermined by fixing the value of his or her maintenance at one-half the\ncash compensation received by him or her and whose contributions were\nsubsequently reduced by the fixing of a lower value for the same\nmaintenance theretofore furnished, may elect to have his or her\ncontributions computed on the basis of his or her gross compensation as\nestablished prior to such reduction in value of maintenance, provided\nthat:\n  (a) His retirement contributions prior to October first, nineteen\nhundred forty-three, were based on such higher value of maintenance as\ndetermined by the comptroller and his retirement contributions after\nsuch date were reduced because of the fixation of such lower value of\nmaintenance, or\n  (b) His retirement contributions prior to April sixteenth, nineteen\nhundred forty-six, were based on such higher value of maintenance as\ndetermined by the board of supervisors of the county of Monroe and his\nretirement contributions after such date were reduced because of the\nfixation of such lower value of maintenance, or\n  (c) He was employed by the county of Westchester on March\ntwenty-ninth, nineteen hundred forty-eight, his retirement contributions\nprior to March thirty-first, nineteen hundred forty-seven, were based on\nsuch higher value of maintenance and his retirement contributions after\nJanuary first, nineteen hundred forty-eight, were reduced because of the\nfixation of such lower value of maintenance, or\n  (cc) His retirement contributions prior to the initial fixation of the\nvalue of his maintenance pursuant to section two hundred one or section\ntwo hundred five of the county law, were based on such higher value of\nmaintenance as determined by the comptroller and his retirement\ncontributions after the date of such fixation were reduced because of\nthe fixation of such lower value of maintenance, or\n  (d) He was employed by the county of Onondaga on April twelfth,\nnineteen hundred forty-nine, his retirement contributions prior to\nDecember fifteenth, nineteen hundred forty-seven, were based on such\nhigher value of maintenance and his retirement contributions after\nDecember fifteenth, nineteen hundred forty-seven, were reduced because\nof the fixation of such lower value of maintenance, or\n  (e) He was or shall have been employed in a county or city\ntuberculosis hospital which was or shall have been transferred to the\nstate pursuant to section twenty-two hundred sixty-eight of the public\nhealth law, his retirement contributions prior to such transfer were or\nshall have been based on such higher value of maintenance and his\nretirement contributions after such transfer were or shall have been\nreduced because of the fixation of such lower value of maintenance.\n  2. Upon filing such election and paying the additional contributions\nrequired thereby, such member shall be entitled to have his pension,\nretirement allowance or other rights and privileges in the retirement\nsystem computed in accordance with such gross compensation, provided\nthat:\n  (a) In a case covered by subparagraph (a) of paragraph one of this\nsubdivision h, such election was so filed with the comptroller on or\nbefore April first, nineteen hundred forty-six, and such additional\ncontributions are paid from and after October first, nineteen hundred\nforty-three, or\n  (b) In a case covered by subparagraph (b) of paragraph one of this\nsubdivision h, such election was so filed with the comptroller on or\nbefore January first, nineteen hundred forty-eight, and such additional\ncontributions are paid from and after April sixteenth, nineteen hundred\nforty-six, or\n  (c) In a case covered by subparagraph (c) of paragraph one of this\nsubdivision h, such election was so filed with the comptroller on or\nbefore January first, nineteen hundred forty-nine, and such additional\ncontributions are paid from and after March thirty-first, nineteen\nhundred forty-seven, or\n  (cc) In a case covered by subparagraph (cc) of paragraph one of this\nsubdivision h, such election was so filed with the comptroller on or\nbefore October first, nineteen hundred fifty-five, and such additional\ncontributions are paid from and after the date of the initial fixation\nof the value of his maintenance pursuant to such subparagraph, or\n  (d) In a case covered by subparagraph (d) or paragraph one of this\nsubdivision h, such election was so filed with the county auditor on or\nbefore November first, nineteen hundred forty-nine, and such additional\ncontributions are paid from and after December fifteenth, nineteen\nhundred forty-seven, or\n  (e) In a case covered by subparagraph (e) of paragraph one of this\nsubdivision h, such election is so filed with the comptroller on or\nbefore April first, nineteen hundred fifty, or within one year after the\ndate of such transfer, whichever is later, and such additional\ncontributions are paid from and after the date of such transfer.\n  3. The gross compensation of such member shall be the amount\nestablished on the basis of such higher value of maintenance.\nContributions based on such gross compensation shall continue to be made\nuntil such member retires or until such election is terminated as\nprovided in paragraph four of this subdivision h.\n  4. An election made pursuant to paragraph one of this subdivision h\nshall be terminated if and when the compensation of the member,\nincluding cash and the current value of maintenance, shall equal the\ngross compensation of such member as fixed on the basis of the higher\nvalue of maintenance described in such paragraph one, provided that:\n  (a) In a case covered by subparagraph (a) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the director of the budget pursuant to section forty-two\nof the civil service law, or\n  (b) In a case covered by subparagraph (b) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the board of supervisors of the county of Monroe, or\n  (c) In a case covered by subparagraph (c) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the board of supervisors of the county of Westchester, or\n  (cc) In a case covered by subparagraph (cc) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the board of supervisors of the county, or\n  (d) In a case covered by subparagraph (d) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the board of supervisors of Onondaga county, or\n  (e) In a case covered by subparagraph (e) of paragraph one of this\nsubdivision h, such current value of maintenance shall have been\ndetermined by the director of the budget pursuant to section one hundred\nthirty-five of the civil service law.\n  i. Additional contributions.\n  1. Any member of the police and fire retirement system, upon forms\nprescribed and furnished by the comptroller, may elect to make\nadditional contributions at the rate of fifty per centum of his or her\nrate of normal contribution for the purpose of purchasing additional\nannuity.\n  2. Additional contributions made pursuant to this subdivision i shall\nbe included in the member's accumulated contributions, except that in\ncomputing a retirement allowance:\n  (a) For ordinary disability pursuant to section three hundred\nsixty-two of this article, or\n  (b) In any other case under this article where the inclusion of such\nadditional contributions in the computation of an annuity would have the\neffect of decreasing the amount of a pension that otherwise would be\npayable,\n  such additional contributions shall be treated as excess contributions\nand shall be used to provide an annuity in addition to the annuity which\notherwise would be payable in such case. Such additional annuity shall\nbe computed on the basis of regular interest and the mortality tables\nwhich are used in computing other annuities under this article.\n  3. One year or more after the filing thereof, a member may withdraw\nhis election to make additional contributions pursuant to this\nsubdivision i. Such withdrawal shall be by written notice duly\nacknowledged and filed with the comptroller.\n  j. Where a member's rate of contribution is reduced because his or her\nemployer contributes toward\npensions-providing-for-increased-take-home-pay pursuant to section three\nhundred seventy-a of this article, such member may by written notice\nduly acknowledged and filed with the comptroller within one year after\nsuch reduction or within one year after he or she last became a member,\nwhichever is later, elect to waive such reduction. One year or more\nafter the filing thereof, a member may withdraw any such waiver by\nwritten notice duly acknowledged and filed with the comptroller. Where a\nmember makes an election to waive such reduction, he or she shall\ncontribute to the police and fire retirement system as otherwise\nprovided in this article.\n  k. A member in the employ of the state who retires on or after April\nfirst, nineteen hundred seventy-three may elect to withdraw his excess\ncontributions at the time of his retirement; provided, however, in the\ncase of persons who last became members on or after July first, nineteen\nhundred seventy-three, the provisions of this subdivision shall apply\nonly to those who retire prior to July first, nineteen hundred\nseventy-four. Such election shall be duly executed and filed with the\ncomptroller. The term excess contributions shall mean accumulated\ncontributions in excess of the amount thereof necessary to provide the\nrequired pension or retirement allowance specified under the plan\napplicable to the member. In no case shall such withdrawal of\ncontributions result in an increase in the pension benefit. The\nprovisions of this subdivision shall not apply to a member of the state\npolice in collective negotiating units established pursuant to article\nfourteen of the civil service law.\n  l. Voluntary contributions. 1. Any member of the police and fire\nretirement system who is not otherwise required by law to make\ncontributions may elect to make voluntary contributions for the purpose\nof purchasing additional annuity.\n  2. Voluntary contributions made pursuant to this subdivision shall be\nincluded in the member's accumulated contributions, except that in\ncomputing a retirement allowance:\n  (a) For ordinary disability pursuant to section three hundred\nsixty-two of this chapter, or\n  (b) In any other case under this chapter where the inclusion of such\nvoluntary contributions in the computation of an annuity would have the\neffect of decreasing the amount of a pension that otherwise would be\npayable,\nsuch voluntary contributions shall be treated as excess contributions\nand shall be used to provide an annuity in addition to the annuity which\notherwise would be payable in such case. Such additional annuity shall\nbe computed on the basis of regular interest and the mortality tables\nwhich are used in computing other annuities under this chapter.\n  3. Any member electing to make such voluntary contributions shall file\nsuch election with the comptroller on a form prescribed for such purpose\nby the comptroller. Such election shall specify a rate of contribution\nin a whole number percentage no greater than ten percent of the member's\nsalary, such contributions to be remitted to the comptroller by regular\npayroll deductions from the compensation of the member. The rate of\ncontribution shall be subject to change by the member only once in any\ntwelve month period. These contributions may be withdrawn by the member\nin accordance with section three hundred fifty-one of this chapter only\nonce in any twelve month period.\n  4. Any member electing to make such voluntary contributions may\nwithdraw his election to make such contributions at any time and thereby\nterminate such contributions, provided, however, that such termination\nof voluntary contributions shall preclude the member from again electing\nto make such contributions for a period of twelve months.\n  5. Any member electing to make such voluntary contributions pursuant\nto this subdivision shall be deemed by such act to have: (a) withdrawn\nhis election to make additional contributions pursuant to subdivisions i\nand j of this section, and (b) made all his excess contributions in\naccordance with this subdivision.\n
N.Y. PBA Law § 1475-I — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-I
Bonds or notes of the authority
Status: in_force

§ 1475-i. Bonds or notes of the authority. 1. The authority shall have\nthe power and is hereby authorized from time to time to issue bonds,\nnotes or other obligations in conformity with applicable provisions of\nthe uniform commercial code to pay the cost of any project, the\nestablishment of reserves to secure the bonds, the payment of principal\nof, premium, if any, and interest on the bonds and the payment of\nincidental expenses in connection therewith. The aggregate principal\namount of such bonds, notes or other obligations shall not exceed fifty\nmillion dollars, excluding bonds, notes or other obligations issued to\nrefund or repay bonds, notes or other obligations therefor issued for\nsuch purposes; provided, however, that upon any such refunding or\nrepayment the total aggregate principal amount of outstanding bonds,\nnotes or other obligations may be greater than three million dollars,\nonly if the present value of the aggregate debt service of the refunding\nor repayment of bonds, notes or other obligations to be issued shall not\nexceed the present value of the aggregate debt service of the bonds,\nnotes or other obligations so to be refunded or repaid. For the purpose\nof this section, the present value of the aggregate debt service of the\nrefunding or repayment bonds, notes or other obligations and the\naggregate debt service of the bonds, notes or other obligations refunded\nor repaid shall be calculated by utilizing the effective interest rate\nof the refunding or repayment of bonds, notes or other obligations,\nwhich shall be that rate arrived at by doubling the semi-annual interest\nrate (compounded semi-annually) necessary to discount the debt service\npayments on the refunding or repayment of bonds, notes or other\nobligations from payment of dates thereof to the date of issue of the\nrefunding or repayment of bonds, notes or other obligations and to the\nprice bid including estimated accrued interest from the sale thereof.\nThe authority shall have the power and is hereby authorized to enter\ninto such agreements and perform such acts as may be required under any\napplicable federal legislation to secure a federal guarantee to any\nbonds.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds, partly to refund bonds then outstanding\nand partly for any other purpose of the authority. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the members of the authority, on\nthe written recommendation of the chairperson may authorize the sale of\nsuch bonds at private or public sale on a negotiated basis or on either\na competitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private of public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) Pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) Limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) The terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the general laws of the state and other\nprovisions of this title;\n  (l) Limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) Limitations on the amount of revenues and other monies to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) The payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have the power in connection with\nthe issuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other monies or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, monies or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments within the powers granted to\nthe authority by this title and to perform such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed two years from the date of issue of\nsuch original note.\n
N.Y. VAT Law § 498 — New York Code / Act VAT / Title 4 / Article 17-B / Section 498
Interjurisdictional pre-arranged for-hire vehicle operation
Status: in_force

§ 498. Interjurisdictional pre-arranged for-hire vehicle operation. 1.\nDefinitions: When used in this section, the following terms shall have\nthe following meanings:\n  a. "Driver's license" shall mean a license issued by the department\npursuant to article nineteen of this chapter or by a similar regulatory\nagency of another state.\n  b. "Licensing jurisdiction" shall mean a city with a population of one\nmillion or more, or a county within New York state contiguous to such\ncity, the county of Suffolk, the county of Rockland or the county of\nDutchess or the county of Ulster, that requires the issuance of a\nlicense, permit, registration, certification or other approval for a\nvehicle to perform the pre-arranged pick up or drop off of one or more\npassengers in such jurisdiction for compensation.\n  c. "Pre-arranged for-hire vehicle" shall mean a motor vehicle, other\nthan a bus, that is used in the business of transporting passengers for\ncompensation on a pre-arranged basis, and operated in such business\nunder a license or permit issued by a licensing jurisdiction. The term\n"pre-arranged for-hire vehicle" shall apply to vehicles as defined\nherein regardless of any other provision of local law or rule defining\nor describing such vehicles by any other terms such as livery, black\ncar, or luxury limousine.\n  d. "Pre-arranged for-hire vehicle license" shall mean a license,\npermit, registration, certification or other approval issued by a\nlicensing jurisdiction to the owner of a pre-arranged for-hire vehicle\nfor the purpose of providing pre-arranged transportation for\ncompensation.\n  e. "Pre-arranged for-hire vehicle driver's license" shall mean a\nlicense, permit or other approval to operate a pre-arranged for-hire\nvehicle issued by a licensing jurisdiction.\n  f. "Serious criminal offense" shall mean a conviction of (i) a felony\ninvolving the use of a motor vehicle except a felony as described in\nsubparagraph (ii) of this paragraph; (ii) a felony involving\nmanufacturing, distributing or dispensing a drug as defined in section\none hundred fourteen-a of this chapter or possession of any such drug\nwith intent to manufacture, distribute or dispense such drug in which a\nmotor vehicle was used; (iii) a violation of subdivision one or two of\nsection six hundred of this chapter; (iv) operating a pre-arranged\nfor-hire vehicle when, as a result of prior violations committed while\noperating a pre-arranged for-hire vehicle, the driver's license is\nrevoked, suspended, or canceled; (v) causing a fatality through the\nnegligent operation of a pre-arranged for-hire vehicle, including but\nnot limited to the crimes of vehicular manslaughter or criminally\nnegligent homicide; (vi) homicide; and (vii) a felony for assault,\nsexual offenses, kidnapping, or burglary.\n  2. Reciprocity. a. A pre-arranged for-hire vehicle that is licensed to\nprovide pre-arranged transportation for compensation by a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall be authorized to\npick up passengers in such jurisdiction for drop off within the same\njurisdiction, to pick up passengers in another licensing jurisdiction\nfor drop off within the licensing jurisdiction licensing such\npre-arranged for-hire vehicle, to drop off passengers in another\nlicensing jurisdiction who were picked up within the licensing\njurisdiction licensing such pre-arranged for-hire vehicle, and to\ntransit other licensing jurisdictions. No other licensing jurisdiction\nmay require a pre-arranged for-hire vehicle providing pre-arranged\ntransportation for compensation, which is licensed by a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section, to also be licensed by\nsuch other licensing jurisdiction or to pay any pre-arranged for-hire\nvehicle license fee in order to be allowed to pick up or drop off\npassengers within or to transit such jurisdiction. A licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall provide written\nconfirmation thereof to other licensing jurisdictions, containing\ninformation sufficient to establish that such licensing jurisdiction\nmeets all such standards and requirements, and which shall be verifiable\nby such other licensing jurisdictions. Such written confirmation shall\nbe resubmitted to such other licensing jurisdictions every three years.\n  b. A pre-arranged for-hire vehicle licensed by a licensing\njurisdiction not meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section shall be authorized to\npick up and/or drop off passengers in any other licensing jurisdiction\nonly (i) pursuant to the terms of a separate written agreement or\nmemorandum of understanding entered into between such licensing\njurisdictions or (ii) if the owner of such vehicle obtains a\npre-arranged for-hire vehicle license from such other licensing\njurisdiction.\n  c. Where pre-arranged transportation is provided by a pre-arranged\nfor-hire vehicle licensed by a licensing jurisdiction meeting the\nstandards and requirements set forth in subdivisions three, four and six\nof this section and such transportation begins with the pick up or the\ndrop off of a passenger outside of such jurisdiction, such pre-arranged\nfor-hire vehicle shall be authorized to temporarily discharge and\nsubsequently pick up such passenger outside the licensing jurisdiction\nduring the course of such transportation, provided no\nintra-jurisdictional transportation is provided at that time to any\nother person who is not covered by the pre-arranged transportation\nagreement.\n  3. Standards for pre-arranged for-hire vehicle transportation. A\nlicensing jurisdiction shall be deemed to comply with the provisions of\nthis subdivision if the following conditions are met:\n  a. The licensing jurisdiction requires the suspension of the\npre-arranged for-hire vehicle license of a pre-arranged for-hire vehicle\nowner, or the pre-arranged for-hire vehicle driver's license of a\ndriver, against whom there is an outstanding judgment or an unpaid civil\npenalty owed for a violation of this chapter relating to traffic in any\nother licensing jurisdiction meeting the standards and requirements of\nthis subdivision and subdivisions four and six of this section, or a\nviolation of regulations promulgated by such other licensing\njurisdiction duplicating or incorporating by reference any of the\nprovisions of this chapter, until such judgment is satisfied or such\ncivil penalty is paid.\n  b. The licensing jurisdiction requires that each pre-arranged for-hire\nvehicle it licenses shall display evidence of a current, valid\npre-arranged for-hire vehicle license affixed to the windshield in a\nform and manner that may be further specified by the regulations of such\njurisdiction.\n  c. The licensing jurisdiction requires the owner of each pre-arranged\nfor-hire vehicle it licenses to maintain, for purposes of insurance or\nother financial security, coverage in a specified amount per person,\npayable for those expenses specified in paragraphs one, two and three of\nsubsection (a) of section five thousand one hundred two of the insurance\nlaw, and coverage in specified amounts of minimum and maximum liability\nfor bodily injury and death, as said terms are defined in subdivision\none of section three hundred seventy of this chapter.\n  d. The licensing jurisdiction requires (i) each pre-arranged for-hire\nvehicle it licenses to be inspected no less frequently than every twelve\nmonths by an official inspection station licensed pursuant to section\nthree hundred three of this chapter, or, if the pre-arranged for-hire\nvehicle is registered in another state, by the agency responsible for\nvehicle registration and inspection in that state, and (ii) each\npre-arranged for-hire vehicle to display a valid inspection sticker\nindicating the date of the last inspection and/or the expiration date,\nif such stickers are issued by the state of registration.\n  e. The licensing jurisdiction provides, by means of a dedicated\ntelephone line or read-only access to an electronic database, the\nfollowing information to other jurisdictions meeting the standards and\nrequirements set forth in this subdivision and subdivisions four and six\nof this section: the name of the holder of a pre-arranged for-hire\nvehicle license; the vehicle identification number of a licensed\npre-arranged for-hire vehicle; the date first licensed; the date such\nlicenses were most recently renewed; and all violations issued to each\nlicensee and the disposition of each such violation. Such information\nobtained by a licensing jurisdiction from other licensing jurisdictions\nshall be used solely for the enforcement of laws and regulations\napplicable to the provision of transportation for compensation on a\npre-arranged basis.\n  f. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle be driven only by the holder of a driver's license which is\nvalid to operate such motor vehicle in this state.\n  g. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle be driven only by the holder of a pre-arranged for-hire vehicle\ndriver's license.\n  h. The licensing jurisdiction requires that a pre-arranged for-hire\nvehicle driver display his or her pre-arranged for-hire vehicle driver's\nlicense in such vehicle in a manner clearly visible to passengers or\nhave such license readily available to produce upon the request of a\npassenger or law enforcement personnel.\n  i. The licensing jurisdiction requires that a record of each\ninterjurisdictional trip be entered prior to the commencement of such\ntrip in a log maintained and kept readily accessible in the vehicle in a\nform and manner prescribed by the licensing jurisdiction and produced at\nthe request of any police officer or peace officer acting pursuant to\nhis or her special duties or other enforcement personnel authorized by\nsuch jurisdiction. Such record shall be kept for a period of no less\nthan one year after such trip. Failure to produce such a log maintained\nin the manner prescribed by such jurisdiction when requested by a police\nofficer or other enforcement personnel shall be presumptive evidence of\nillegal interjurisdictional operation.\n  j. The licensing jurisdiction requires that the owner of each motor\nvehicle licensed as a pre-arranged for-hire vehicle hold a valid vehicle\nregistration for such vehicle issued by the department for which a\nregistration fee has been paid pursuant to schedule C of subdivision\nseven of section four hundred one of this title, or, in the case of a\nnon-resident of this state, a vehicle registration issued by the state\nof residence.\n  k. No owner of a vehicle licensed as a pre-arranged for-hire vehicle\nby a licensing jurisdiction meeting the standards and requirements of\nthis subdivision and subdivisions four and six of this section or any\nperson or business engaged in the for-hire transportation of passengers\nby motor vehicle that is affiliated with such licensee shall do business\nwithin any jurisdiction in which it seeks to operate on an\ninterjurisdictional basis. "Do business" shall mean having a place of\nbusiness or telephone number in such jurisdiction relating to for-hire\ntransportation of passengers by motor vehicle.\n  4. Standards for drivers of pre-arranged for-hire vehicles. A\nlicensing jurisdiction shall be deemed to comply with the provisions of\nthis subdivision if it requires the following as conditions of licensure\nof pre-arranged for-hire vehicle drivers:\n  a. The pre-arranged for-hire vehicle driver is fingerprinted and his\nor her criminal history obtained from the department of criminal justice\nservices.\n  b. The licensing jurisdiction adopts criteria pursuant to which an\napplicant for a new or renewal pre-arranged for-hire vehicle driver's\nlicense shall be denied, and a pre-arranged for-hire vehicle driver's\nlicense shall be suspended or revoked, upon conviction of the applicant\nor licensee for a serious criminal offense, subject to applicable laws,\nincluding, but not limited to, article twenty-three-A of the correction\nlaw.\n  c. The licensing jurisdiction provides by regulation for the\ncontinuing review of the driving record of every pre-arranged for-hire\nvehicle driver licensed by such jurisdiction, as reflected in the number\nand type of convictions accumulated on the driver's license issued to\nsuch driver. Such regulation shall provide for the mandatory suspension\nfor a thirty-day period of a pre-arranged for-hire vehicle driver's\nlicense upon the accumulation of a specified number and type of\nconviction on such person's driver's license within a fifteen-month\nperiod, and the mandatory revocation of a pre-arranged for-hire vehicle\ndriver's license upon the accumulation of an additional number of\nconvictions of a specified number and type on such person's driver's\nlicense within a fifteen-month period.\n  d. The licensing jurisdiction requires that an applicant for a\npre-arranged for-hire vehicle driver's license submit to drug testing,\nand that licensed pre-arranged for-hire vehicle drivers be required to\nsubmit to additional drug testing upon each application for renewal of\nsuch person's pre-arranged for-hire vehicle driver's license, and\nadditional drug testing such that each licensee shall submit to such\ndrug testing no less often than once each year; and that any applicant\nwho tests positive for drugs or intoxicating liquors shall be denied a\npre-arranged for-hire vehicle driver's license, and the pre-arranged\nfor-hire vehicle driver's license of any licensee who tests positive for\ndrugs or intoxicating liquors shall be revoked after notice and an\nopportunity to be heard. Such drug test shall be administered by a\nperson or entity holding the requisite permit from the New York state\ndepartment of health. Individual test results and any related medical\ninformation about such applicant or licensee shall be confidential,\nshall not be disclosed except to the applicant or licensee or his or her\nrepresentative, and shall not be entered or received as evidence at any\ncivil, criminal or administrative trial, hearing or proceeding other\nthan an administrative trial, hearing or proceeding for the denial or\nrevocation of the pre-arranged for-hire vehicle driver's license as set\nforth in this paragraph. No person, other than an applicant or licensee\nwho is the subject of such records to whom such records are disclosed,\nmay redisclose such records.\n  e. The licensing jurisdiction requires that every individual applying\nfor a pre-arranged for-hire vehicle driver's license must submit proof\nof completion of a state-approved defensive driving course no more than\nsix months prior to the date of application. The licensing jurisdiction\nshall further require that any individual renewing a pre-arranged\nfor-hire vehicle driver's license must submit proof of completion of a\nstate-approved defensive driving course no more than three years prior\nto the date of the renewal application.\n  5. On-street inspections. The enforcement authorities of a licensing\njurisdiction meeting the standards and requirements set forth in\nsubdivisions three, four and six of this section may conduct on-street\ninspections of all vehicles operating as pre-arranged for-hire vehicles\nwithin such jurisdiction. A pre-arranged for-hire vehicle owner may be\nordered by such licensing jurisdiction to repair or replace such vehicle\nwhere it appears that it no longer meets the reasonable standards for\nsafe operation prescribed by regulations of such jurisdiction. Upon\nfailure of the pre-arranged for-hire vehicle owner to comply with such\nan order within ten days after service thereof, the recognition of such\nowner's pre-arranged for-hire vehicle license shall be suspended by the\nlicensing jurisdiction. Provided, however, that this subdivision shall\nnot impair such authority to conduct on-street inspections of\npre-arranged for-hire vehicles as may otherwise exist.\n  6. Notification. A licensing jurisdiction meeting the standards and\nrequirements set forth in this subdivision and subdivisions three and\nfour of this section shall, upon both the issuance and disposition of a\nsummons issued in such jurisdiction to a pre-arranged for-hire vehicle\nlicensed in another jurisdiction, notify such other jurisdiction of such\nissuance and disposition.\n
N.Y. TWN Law § 53-B — New York Code / Act TWN / Article 3-A / Title 4 / Section 53-B
Deputy department heads
Status: in_force

§ 53-b. Deputy department heads. The town board may appoint such\ndeputy department heads as may be authorized by act of the legislature\nor local law, with power to act generally for and in place of their\nprincipals, and the office of such a deputy shall be in the exempt class\nof the civil service.\n
N.Y. PBA Law § 3244 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3244
Bonds and notes as legal investments
Status: in_force

§ 3244. Bonds and notes as legal investments. The bonds and notes of\nthe corporation are hereby made securities in which all public officers\nand bodies of this state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or may hereafter be authorized to invest\nin bonds or in other obligations of the state, may properly and legally\ninvest funds, including capital, in their control or belonging to them.\nThe bonds and notes are also hereby made securities which may be\ndeposited with and may be received by all public officers and bodies of\nthe state and all municipalities, political subdivisions and public\ncorporations for any purpose for which the deposit of bonds or other\nobligations of the state is now or may hereafter be authorized.\n
N.Y. VAT Law § 405-F — New York Code / Act VAT / Title 4 / Article 14-A / Section 405-F
Disposition of fees
Status: in_force

§ 405-f. Disposition of fees. 1. Except as otherwise herein provided\nthe provisions of section four hundred twenty-seven of this chapter\nshall not apply to any fee collected in accordance with the provisions\nof any agreement entered into pursuant to the authority granted in\nsection four hundred five of this article.\n  2. The commissioner shall deposit all fees collected or accepted by\nhim under this article in a responsible bank, banking house or trust\ncompany in the city of Albany which shall pay the highest rate of\ninterest to the state for such deposit to the credit of the comptroller\non account of the International Registration Plan. Every such bank,\nbanking house or trust company shall execute and file in the office of\nthe department of audit and control an undertaking to the state, in the\nsum, and with such sureties, as are required and approved by the\ncomptroller for the safekeeping and prompt payment on legal demand\ntherefor of all such moneys held by or on deposit in such bank, banking\nhouse or trust company, with interest thereon on daily balances at such\nrate as the comptroller may fix.  Every such undertaking shall have\nendorsed thereon or annexed thereto the approval of the attorney general\nas to its form. The comptroller shall on the first day of each month\nmake a verified return to the department of taxation and finance, of all\nfees received by him under this chapter during the preceding calendar\nmonth.\n  3. The commissioner shall at least on a quarterly basis determine the\namount of fees in such account collected on behalf of and due and owing\nto other jurisdictions which are members of the agreement and certify\nthe same to the comptroller. The comptroller shall then pay to the\nappropriate official of each such jurisdiction the amount of fees due to\neach such jurisdiction.\n  4. The comptroller, after reserving an amount sufficient to pay any\nrefund under this article approved by the commissioner and by him and an\namount, if any, that may be required to make payments to other\njurisdictions pursuant to subdivision three of this section, shall on or\nbefore the tenth day of each month pay into the general fund of the\nstate treasury the balance to his credit in such bank, banking house or\ntrust company on account of fees collected under this article at the\nclose of business on the last day of the month preceding the date of\nsuch payment.\n  5. The amount paid into the general fund pursuant to subdivision four\nof this section shall be deemed to be registration fees collected\npursuant to article fourteen of this chapter and shall be subject to the\nprovisions of law applicable to the disposition of such fees.\n
N.Y. RPT Law § 499-BBBB — New York Code / Act RPT / Article 4 / Title 4-C / Section 499-BBBB
Real property tax abatement
Status: in_force

§ 499-bbbb. Real property tax abatement. An eligible building shall\nreceive an abatement of real property taxes as provided in this title\nand the rules promulgated hereunder.\n  1. The amount of such tax abatement shall be as follows:\n  (a) if the solar electric generating system is placed in service on or\nafter the effective date of this title and before January first, two\nthousand eleven, for each year of the compliance period such tax\nabatement shall be the lesser of (i) eight and three-fourths percent of\neligible solar electric generating system expenditures, (ii) the amount\nof taxes payable in such tax year, or (iii) sixty-two thousand five\nhundred dollars; or\n  (b) if the solar electric generating system is placed in service on or\nafter January first, two thousand eleven, and before January first, two\nthousand thirteen, for each year of the compliance period such tax\nabatement shall be the lesser of (i) five percent of eligible solar\nelectric generating system expenditures, (ii) the amount of taxes\npayable in such tax year, or (iii) sixty-two thousand five hundred\ndollars; or\n  (c) if the solar electric generating system is placed in service on or\nafter January first, two thousand thirteen, and before January first,\ntwo thousand fourteen, for each year of the compliance period such tax\nabatement shall be the lesser of (i) two and five-tenths percent of\neligible solar electric generating system expenditures, (ii) the amount\nof taxes payable in such tax year, or (iii) sixty-two thousand five\nhundred dollars; or\n  (d) if the solar electric generating system is placed in service on or\nafter January first, two thousand fourteen, and before January first,\ntwo thousand twenty-four, for each year of the compliance period such\ntax abatement shall be the lesser of (i) five percent of eligible solar\nelectric generating system expenditures, (ii) the amount of taxes\npayable in such tax year, or (iii) sixty-two thousand five hundred\ndollars; or\n  (e) if electric energy storage equipment is placed in service on or\nafter January first, two thousand nineteen, and before January first,\ntwo thousand twenty-four, for each year of the compliance period such\ntax abatement shall be the lesser of (i) ten percent of eligible\nelectric energy storage equipment expenditures, (ii) the amount of taxes\npayable in such tax year, or (iii) sixty-two thousand five hundred\ndollars; or\n  (f) if the solar electric generating system and/or electric energy\nstorage system is placed in service on or after January first, two\nthousand twenty-four, and before January first, two thousand\nthirty-five, for each year of the compliance period such tax abatement\nshall be the lesser of (i) seven and one-half percent of eligible solar\nelectric generating system and/or energy storage system expenditures,\n(ii) the amount of taxes payable in such tax year, or (iii) sixty-two\nthousand five hundred dollars.\n  2. Such tax abatement shall commence on July first following the\napproval of an application for tax abatement by a designated agency, and\nmay not be carried over to any subsequent tax year.\n  3. With respect to any eligible building held in the condominium form\nof ownership that receives a tax abatement pursuant to this title, such\ntax abatement benefits shall be apportioned among all of the condominium\ntax lots within such eligible building.\n  4. If, as a result of application to the tax commission or a court\norder or action by the department of finance, the billable assessed\nvalue for any fiscal year in which the tax abatement is taken is reduced\nafter the assessment roll becomes final, the department of finance shall\nrecalculate the abatement so that the abatement granted shall not exceed\nthe annual tax liability as so reduced. The amount equal to the\ndifference between the abatement originally granted and the abatement as\nso recalculated shall be deducted from any refund otherwise payable or\nremission otherwise due as a result of such reduction in billable\nassessed value.\n
N.Y. PBA Law § 1685 — New York Code / Act PBA / Article 8 / Title 4 / Section 1685
Exemptions from taxation
Status: in_force

§ 1685. Exemptions from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\ncorporate purposes is in all respects for the benefit of the people of\nthe state of New York, for the improvement of their education, welfare\nand prosperity, and is a public purpose, and that the dormitories of the\nauthority are an essential part of the state education system, and that\nthe authority will be performing an essential governmental function in\nthe exercise of the powers conferred upon it by this title, and the\nstate of New York covenants with the holders of the bonds that the\nauthority shall be required to pay no taxes or assessments upon any of\nthe property acquired by it or under its jurisdiction, control,\npossession or supervision or upon its activities in the operation and\nmaintenance of such dormitories or any moneys, revenues or other income\nreceived by the authority and that the bonds of the authority and the\nincome therefrom shall at all times be exempt from taxation, except for\ntransfer and estate taxes.\n
N.Y. PBH Law § 378 — New York Code / Act PBH / Article 3 / Title 4 / Section 378
Certain cities; contracts and fees for health services
Status: in_force

§ 378. Certain cities; contracts and fees for health services. (a) In\ncities having a population of less than one hundred and seventy-five\nthousand and in those cities which have by special law established a\ndepartment of health, the commissioner of health or health officer, with\nthe consent and approval of the mayor and the board of estimate and\napportionment or other board having similar power in such cities and the\ncommon council or similar legislative authority in cities having no such\nboards, may enter into contracts\n  (1) with corporations duly licensed in the state of New York to\ntransact the business of accident and health insurance to provide to\nsick and disabled persons insured by them such home care, including\nnursing and other paramedical services (excluding physicians' services)\nas may be needed by them;\n  (2) with hospital service corporations organized and operating in\naccordance with article forty-three of the insurance law to provide to\ntheir subscribers nursing service and such other paramedical services as\nwould have been available in a hospital (excluding physicians' services)\nat rates which shall prior to payment be approved as to reasonableness\nby the superintendent of financial services;\n  (3) with any municipal corporation or local, state or federal agency\nto provide such home care, including nursing and other paramedical\nservices (excluding physicians' services) as may be needed by sick and\ndisabled persons;\n  (4) with medical expense indemnity corporations organized and\noperating in accordance with article forty-three of the insurance law to\nprovide their subscribers with such home care, including nursing and\nother paramedical services, as may be needed by them at rates which\nshall prior to payment be approved as to reasonableness by the\nsuperintendent of financial services; and\n  (5) with any non-profit corporation, agency or association established\nfor the purpose of improvement of health services, or for the purpose of\nproviding home care for sick and disabled persons, including nursing and\nother paramedical services (excluding physicians' services) as may be\nneeded by such persons.\n  (6) with any dentist, physician or group of physicians, without public\nbidding, for the rental or use of a portion of a clinic or public health\ncenter and its equipment and furnishings provided, however, that any\nsuch dentist, physician or group of physicians shall render such care\nand treatment as shall be necessary or possible under the circumstances\nto any person found eligible for emergency treatment including those\nfound in an unconscious, seriously ill or wounded condition and to any\nperson eligible for medical assistance pursuant to section three hundred\nsixty-six of the social services law.\n  (b) Such commissioner of health or health officer shall establish the\nfees to be charged for such services to be rendered pursuant to such\ncontracts, collect such fees and pay the same over to the fiscal officer\nof the city in the manner provided by law. No contract made in\naccordance with the provisions of subdivision (a) of this section shall\nrequire payment for such services to an insured or subscriber at a rate\nin excess of the charge for the same service, if any, provided to a\nperson afflicted with a similar disease or condition who is neither\ninsured nor a subscriber.\n  (c) The commissioner of health or health officer with the consent and\napproval of the mayor and the board of estimates and apportionment or\nother board having similar power in such cities and the common council\nor similar legislative authority in cities having no such boards may\nestablish and collect fees from a patient or a person or private or\npublic agency responsible for his care for services rendered to patients\nin the institutions, public health centers and clinics operated by the\ncity and for nursing and other paramedical services (excluding\nphysicians' services) rendered to people sick at home. Fees so collected\nshall be paid to the fiscal officer of the city in the manner provided\nby law.\n  (d) The commissioner of health or health officer may in his\ndiscretion, in proper cases, where substantial justice will best be\nserved thereby, waive the collection of all, or any portion of, such\nfees or compromise any portion of such fees. Such waiver or compromise\nshall be made only upon prior approval of the mayor and the board of\nestimate and apportionment or other board having similar power in such\ncities and the common council or similar legislative authority in cities\nhaving no such boards, when it is deemed to be in the best interests of\nthe city.\n
N.Y. PBA Law § 1475-V — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-V
Inconsistent provisions in other laws superseded
Status: in_force

§ 1475-v. Inconsistent provisions in other laws superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother law, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 1078-D — New York Code / Act PBA / Article 5 / Title 4 / Section 1078-D
Additional powers of the county of Suffolk and towns and villages within Suffolk county
Status: in_force

§ 1078-d. Additional powers of the county of Suffolk and towns and\nvillages within Suffolk county. 1. a. In addition to any powers granted\nby any general or special law, the board of supervisors of the county of\nSuffolk, acting on behalf of the county, and any town board or village\nboard of trustees of any town or village within the county of Suffolk,\nacting on behalf of such town or village, either separately or pursuant\nto agreements among themselves, may, from time to time, appropriate by\nresolution sums of money to defray costs and expenses of the authority\nassociated with the extension of authority mains to areas in the county\nwithin which the county department of health services has documented\nthat private wells providing water to home owners have become\ncontaminated with pollutants in concentrations greater than recommended\nby any drinking water guidelines or standard established by the federal\ngovernment or this state, and may enter into a contract or contracts\nwith the authority to so extend authority mains.\n  b. In areas of documented groundwater contamination where potable\nwater may be more economically supplied by a municipal water authority,\nspecial district or improvement area established to provide a water\nimprovement, or by a village, than by the Suffolk county water\nauthority, the county board of supervisors and any town board or village\nboard of trustees within Suffolk county may appropriate sums of money to\nsaid municipal water authority, special district or improvement area or\nvillage, and enter into a contract or contracts, in accordance with this\nsubdivision.\n  2. Persons wishing to connect to mains that have been extended to\nareas of documented groundwater contamination with financial assistance\nby the county, or any town or village as provided herein, shall be\nsolely responsible for costs and expenses associated with connecting to\nsaid mains.\n  3. Appropriations of money by the county board of supervisors and any\ntown board or village board of trustees in the county of Suffolk to the\nauthority or to a municipal water authority, special district or\nimprovement area or village within Suffolk county, and any contract or\ncontracts entered into with said authority or municipal water authority,\nspecial district or improvement area or village prior to the effective\ndate of this section that are consistent with the authorization in\nsubdivision one of this section are hereby legalized, validated,\nratified and confirmed.\n
N.Y. EDN Law § 3315 — New York Code / Act EDN / Title 4 / Article 66 / Section 3315
Member states, effective date and amendment
Status: in_force

§ 3315. Member states, effective date and amendment. 1. Any state is\neligible to become a member state.\n  2. The compact shall become effective and binding upon legislative\nenactment of the compact into law by no less than ten of the states.\nThereafter it shall become effective and binding as to any other member\nstate upon enactment of the compact into law by that state. The\ngovernors of non-member states or their designees shall be invited to\nparticipate in the activities of the interstate commission on a\nnonvoting basis prior to adoption of the compact by all states.\n  3. The interstate commission may propose amendments to the compact for\nenactment by the member states. No amendment shall become effective and\nbinding upon the interstate commission and the member states unless and\nuntil it is enacted into law by unanimous consent of the member states.\n
N.Y. VAT Law § 416 — New York Code / Act VAT / Title 4 / Article 16 / Section 416
Limited use of dealer's, manufacturer's, and transporter's number plates by vendee or lessee
Status: in_force

§ 416. Limited use of dealer's, manufacturer's, and transporter's\nnumber plates by vendee or lessee. Upon the sale or lease of a motor\nvehicle or motorcycle the vendee or lessee shall be allowed to operate\nthe same upon the public highways for the period of five days after\ntaking possession thereof, without carrying number plates issued upon a\nregistration under section four hundred one, if a motor vehicle, or\nunder section four hundred ten, if a motorcycle, provided the motor\nvehicle or motorcycle shall have attached thereto and displayed thereon,\nin the manner therein provided, a set of dealer's, manufacturer's, or\ntransporter's number plates issued to the vendor or lessor under section\nfour hundred fifteen, and if a proper application for registration and\nnumber plates for such vehicle, under the provisions of section four\nhundred one or four hundred ten of this title, as the case may be, shall\nhave been mailed or presented to the commissioner, or agent, accompanied\nwith the payment of the required fee within twenty-four hours after he\nor she has taken possession thereof. If the motor vehicle or motorcycle\nis to be registered in a jurisdiction other than the state of New York,\nthe requirement for filing or presenting such application shall not\napply.\n  No person shall operate or drive upon the public highways any motor\nvehicle or motorcycle on which is fastened or displayed any such\ndealer's, manufacturer's, or transporter's number plates after a sale or\nlease of such vehicle by the dealer or lessor, except in compliance with\nthe foregoing provisions.\n  A vendee or lessee to whom number plates are delivered or by whom they\nare held under the provisions of this section shall return the same, and\nthe accompanying registration certificate, to the dealer or lessor\nbefore the expiration of six days after he or she took possession of the\nmotor vehicle or motorcycle purchased or leased. If number plates so\ndelivered or held, or such certificate, are not returned within the time\nabove limited, the dealer or lessor shall immediately notify the\ncommissioner of that fact by mail, describing the plates according to\nthe general and distinctive numbers and characters thereon.\n  The provisions of this section shall apply also to the sale or lease\nof a trailer and to the use by the vendee or lessee of dealer's,\nmanufacturer's, or transporter's number plates on the trailer sold or\nleased, and for the purpose of applying such provisions a trailer shall\nbe deemed to be a motor vehicle.\n
N.Y. PBA Law § 1689-I*2 — New York Code / Act PBA / Article 8 / Title 4 / Section 1689-I*2
Public school districts; authority financing of projects under the expanding our children's education and learning (EXCEL) program
Status: in_force

** § 1689-i. Public school districts; authority financing of projects\nunder the expanding our children's education and learning (EXCEL)\nprogram. 1. The dormitory authority is authorized to finance EXCEL\nprojects for those school districts which are eligible to receive an\napportionment for expanding our children's education and learning\n(EXCEL) pursuant to subdivision fourteen of section thirty-six hundred\nforty-one of the education law.\n  2. Notwithstanding the provisions of any general or special law to the\ncontrary, and subject to the making of annual appropriations therefor by\nthe legislature, in order to assist the dormitory authority in the\nfinancing of such EXCEL projects, the director of the budget is\nauthorized in any state fiscal year commencing April first, two thousand\nsix and thereafter to enter into one or more service contracts, none of\nwhich shall exceed thirty years in duration, with the dormitory\nauthority, upon such terms as the director of the budget and the\ndormitory authority agree.\n  3. Any service contract entered into pursuant to this section or any\npayments made or to be made thereunder may be assigned and pledged by\nthe dormitory authority as security for its bonds, notes, or other\nobligations.\n  4. Any such service contract shall provide that the obligation of the\ndirector of the budget or of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision in the event the\ndormitory authority assigns or pledges the service contract payments as\nsecurity for its bonds, notes, or other obligations and shall be deemed\nexecutory only to the extent moneys are available and that no liability\nshall be incurred by the state beyond the moneys available for the\npurpose, and that such obligation is subject to annual appropriation by\nthe legislature.\n  5. Any service contract or contracts entered into pursuant to this\nsection shall provide for state commitments to provide annually to the\ndormitory authority a sum or sums, upon such terms and conditions as\nshall be deemed appropriate by the director of the budget, to fund the\nprincipal, interest, or other related expenses required for any bonds,\nnotes, or other obligations.\n  6. The commissioner of education shall certify, from time to time, to\nthe dormitory authority, the comptroller, the director of the division\nof the budget, the chair of the senate finance committee and the chair\nof the assembly ways and means committee each school district for which\nhe or she has determined an aid apportionment for authority financing of\nan EXCEL project pursuant to subdivision fourteen of section thirty-six\nhundred forty-one of the education law. Such certification, which shall\nbe made within thirty days after such determination or as soon\nthereafter as is practicable, shall identify the amount of aid\napportionment which has been approved for such school district and shall\nestimate the date or dates when such project will be undertaken.\n  7. On or before November fifteenth of each year and again on or after\nFebruary fifteenth of each year, the dormitory authority shall submit,\nand thereafter may resubmit, to the director of the division of the\nbudget, the state comptroller, the commissioner of education, the chair\nof the senate finance committee and the chair of the assembly ways and\nmeans committee a report setting forth the estimated amounts, if any, of\nall annual payments required to be appropriated to the dormitory\nauthority pursuant to such service contracts between the dormitory\nauthority and the director of the division of the budget pursuant to\nthis section.\n  8. To obtain funds for the purposes of this section, the authority\nshall have power from time to time, to issue negotiable bonds or notes\nof the authority. Unless the context shall clearly indicate otherwise,\nwhenever the words "bond" or "bonds" are used in this section, such\nwords shall include a note or notes of the authority.\n  9. The dormitory authority shall not issue any bonds or notes in an\namount in excess of two billion six hundred million dollars for the\npurposes of this section, excluding a principal amount of bonds or notes\nissued to fund one or more debt service reserve funds, to pay for the\ncosts of issuance of such bonds, and bonds or notes issued to refund or\notherwise repay such bonds, and bonds or notes previously issued. Except\nfor the purposes of complying with the internal revenue code, any\ninterest income earned on bond proceeds shall only be used to pay debt\nservice on such bonds or notes.\n  10. In computing for the purposes of this subdivision, the aggregate\namount of indebtedness evidenced by bonds and notes of the dormitory\nauthority issued pursuant to this section, there shall be excluded the\namount of such indebtedness represented by such bonds or notes issued to\nrefund or otherwise repay bonds or notes, provided that the amount so\nexcluded under this clause may exceed the principal amount of such bonds\nor notes that were issued to refund or otherwise repay only if the\npresent value of the aggregate debt service on the refunding or\nrepayment bonds or notes shall not have at the time of their issuance\nexceeded the present value of the aggregate debt service of the bonds or\nnotes they were issued to refund or repay, such present value in each\ncase being calculated by using the effective interest rate of the\nrefunding or repayment bonds or notes, which shall be that rate arrived\nat by doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment date thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\ntherefor, or to the proceeds received by the dormitory authority from\nthe sale thereof, in each case including estimated accrued interest.\n  11. The state of New York hereby covenants with the purchasers,\nholders and owners from time to time of the bonds of the authority\nissued pursuant to this section that it will not repeal, revoke,\nrescind, modify or amend the provisions of this section which relate to\nthe making of annual service contract payments to the authority with\nrespect to such bonds as to limit, impair or impede the rights and\nremedies granted to bondholders under this title or otherwise diminish\nthe security pledged to such purchasers, holders and owners or\nsignificantly impair the prospect of payment of any such bond.\n  * NB Repealed December 31, 2029\n  * NB There are 2 § 1689-i's\n
N.Y. RPT Law § 499-D — New York Code / Act RPT / Article 4 / Title 4 / Section 499-D
Application for certificate of abatement
Status: in_force

§ 499-d. Application for certificate of abatement. 1. Application for\na certificate of abatement may be made on or after April first, nineteen\nhundred ninety-five and until sixty days after the end of the\neligibility period, and shall be filed with the department of finance.\nNo application may be filed prior to the date on which the lease for the\neligible premises is executed by the landlord and tenant.\n  2. No abatement pursuant to this title shall be granted unless the\napplicant files an application for a certificate of abatement within\nsixty days following the lease commencement date or within sixty days\nfollowing the date chapter four of the laws of nineteen hundred\nninety-five became a law, whichever is later. Notwithstanding the\nforegoing sentence and any other provision of law to the contrary, with\nrespect to leases commencing on or after April first, nineteen hundred\nninety-five and before July first, nineteen hundred ninety-six, an\napplication for a certificate of abatement shall be considered timely\nfiled if filed within one hundred eighty days following the lease\ncommencement date or within one hundred eighty days following the date\nchapter four of the laws of nineteen hundred ninety-five became a law,\nwhichever is later.\n  3. In addition to any other information required by the department of\nfinance, the application for a certificate of abatement shall include an\nabstract of the lease for the eligible premises for which an abatement\nis being sought which abstract is signed by the landlord and the tenant.\nSuch abstract shall include the tenant's percentage share, the lease\ncommencement date, the rent commencement date, the expiration date for\nsuch lease and a description of the improvements to be made to the\neligible premises and the common areas of the eligible building,\nincluding the estimated value of such improvements. Such application\nshall also include (i) a statement that the amount of the expenditures\non such improvements will equal or exceed the amount required by section\nfour hundred ninety-nine-c of this title, (ii) a statement of the number\nof persons who will, on the rent commencement date, be employed in the\neligible premises, (iii) a statement of the location of all office or\nretail space in the city of New York occupied by the tenant prior to the\nexecution of the lease for the eligible premises, (iv) the commencement\nand expiration dates of all leases for premises in the abatement zone\nused or occupied as office or retail space and (v) the aggregate floor\narea of the eligible building. Such application shall also state that\nthe applicant agrees to comply with and be subject to the rules issued\nfrom time to time by the department of finance.\n  4. Within sixty days following the rent commencement date, the\napplicant shall provide, in addition to any other information required\nby the department of finance, evidence acceptable to the department of\nfinance that the number of employees in the eligible premises or in the\ncase of an expansion tenant, in the expansion premises, and the\nexpenditures on improvements to the eligible premises and the common\nareas of the eligible building or, in the case of an expansion tenant,\nto the expansion premises and the common areas of the eligible building\nmeet the requirements of section four hundred ninety-nine-c of this\ntitle; provided that for a renewal tenant, evidence acceptable to the\ndepartment of finance that expenditures on improvements to the eligible\npremises and the common areas of the eligible building meet the\nrequirements of section four hundred ninety-nine-c of this title shall\nbe submitted within fourteen months of the lease commencement date. The\ndepartment of finance shall issue a certificate of abatement upon\ndetermining that the applicant has submitted proof acceptable to the\ndepartment of finance that the applicant has met the requirements set\nforth in this title; provided that, with respect to a renewal tenant,\nthe department of finance shall issue a certificate of abatement upon\ndetermining that the applicant has, not later than sixty days following\nthe rent commencement date, submitted to the department of finance (i)\nproof acceptable to the department of finance that the requirements of\nsection four hundred ninety-nine-c of this title concerning the\nrequisite number of employees has been met, (ii) a certification that\nthe applicant intends to meet the requirements of such section four\nhundred ninety-nine-c concerning expenditures on improvements within the\ntime specified in such section and (iii) such additional information as\nthe department of finance shall require.\n  5. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting a certificate of\nabatement have been satisfied. The department of finance shall have the\nauthority to require that statements in connection with such application\nbe made under oath.\n  6. The department of finance may provide by rule for reasonable\nadministrative charges or fees necessary to defray expenses in\nadministering the abatement program provided by this title.\n  7. Except as otherwise provided in this subdivision, leases commencing\non or after July first, nineteen hundred ninety-six and before April\nfirst, nineteen hundred ninety-seven shall be subject to the provisions\nof this title as amended by chapter four hundred seventy-two of the laws\nof nineteen hundred ninety-six. Notwithstanding any other provision of\nlaw to the contrary, with respect to leases commencing on or after July\nfirst, nineteen hundred ninety-six, an application for a certificate of\nabatement shall be considered timely filed if filed within one hundred\neighty days following the lease commencement date or within sixty days\nfollowing the date chapter four hundred seventy-two of the laws of\nnineteen hundred ninety-six became a law, whichever is later. Except as\notherwise provided in subdivision two of this section, leases commencing\nbefore July first, nineteen hundred ninety-six shall be subject to the\nprovisions of this title as in effect prior to its amendment by chapter\nfour hundred seventy-two of the laws of nineteen hundred ninety-six.\n  8. Leases commencing on or after April first, nineteen hundred\nninety-seven shall be subject to the provisions of this title as amended\nby chapter six hundred twenty-nine of the laws of nineteen hundred\nninety-seven, chapter one hundred eighteen of the laws of two thousand\none, chapter four hundred forty of the laws of two thousand three,\nchapter sixty of the laws of two thousand seven, chapter twenty-two of\nthe laws of two thousand ten, chapter fifty-nine of the laws of two\nthousand fourteen, chapter twenty of the laws of two thousand fifteen,\nchapter sixty-one of the laws of two thousand seventeen, chapter\nfifty-eight of the laws of two thousand twenty, and the chapter of the\nlaws of two thousand twenty-three that amended this phrase.\nNotwithstanding any other provision of law to the contrary, with respect\nto leases commencing on or after April first, nineteen hundred\nninety-seven, an application for a certificate of abatement shall be\nconsidered timely filed if filed within one hundred eighty days\nfollowing the lease commencement date or within sixty days following the\ndate chapter six hundred twenty-nine of the laws of nineteen hundred\nninety-seven became a law, whichever is later.\n
N.Y. PBA Law § 1680-B — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-B
Court facilities and combined occupancy structures
Status: in_force

§ 1680-b. Court facilities and combined occupancy structures. 1. The\nauthority may enter into a lease, sublease or other agreement with a\nparticipating municipality pursuant to which one or more court\nfacilities or combined occupancy structures are to be designed,\nacquired, constructed, reconstructed, rehabilitated or improved, or a\ncourt facility is to be furnished or equipped, provided that such lease,\nsublease or other agreement has been approved by the chief administrator\nof the courts. The authority shall not enter into any such lease,\nsublease or other agreement unless such lease, sublease or other\nagreement provides that (a) the parties thereto shall comply with such\nstandards and administrative policies relating to court facilities as\nmay be promulgated pursuant to section twenty-eight of article six of\nthe constitution and (b) the court facilities or combined occupancy\nstructures to which such lease, sublease or other agreement related\nshall be constructed, reconstructed, rehabilitated, improved, furnished\nor equipped substantially in accordance with the plans, specifications\nand designs approved by the chief administrator of the courts. Such\nlease, sublease or other agreement may contain such other terms and\nconditions as the authority may require, including, but not limited to,\nprovisions relating to the maintenance and operation of the court\nfacilities, the establishment of reserve funds and the disposition of a\ncourt facility or a combined occupancy structure or the interest of the\nauthority therein prior to or upon the termination or expiration of such\nlease, sublease or other agreement. In connection with court facilities\nand combined occupancy structures, the authority is hereby authorized to\nissue bonds in an aggregate principal amount not to exceed three billion\ndollars; provided, however, that bonds issued or to be issued shall be\nexcluded from such limitation if such bonds are issued to refund bonds\nof the authority issued in connection with court facilities and combined\noccupancy structures and the present value of the aggregate debt service\non the refunding bonds does not exceed the present value of the\naggregate debt service on the bonds refunded thereby. For purposes\nhereof, the present value of the aggregate debt service of the refunding\nbonds and the aggregate debt service of the bonds refunded, shall be\ncalculated by utilizing the true interest cost of the refunding bonds,\nwhich shall be that rate arrived at by doubling the semi-annual interest\nrate (compounded semi-annually) necessary to discount the debt service\npayments on the refunding bonds from the payment dates thereof to the\ndate of issue of the refunding bonds to the purchase price of the\nrefunding bonds, including interest accrued thereon prior to the\nissuance thereof. The maturity of such bonds, other than bonds issued to\nrefund outstanding bonds, shall not exceed the weighted average economic\nlife, as certified by the office of court administration, of the\nfacilities in connection with which the bonds are issued, and in any\ncase not later than the earlier of forty years or the expiration of the\nterm of any lease, sublease or other agreement relating thereto;\nprovided that no note, including renewals thereof, shall mature later\nthan five years after the date of issuance of such note.\n  2. No bonds may be issued by the authority in connection with a court\nfacility or combined occupancy structure unless:\n  (a) the chief administrator of the courts has certified that the court\nfacility or facilities in connection with which such bonds are to be\nissued are consistent with the capital plan approved pursuant to section\nsixteen hundred eighty-c of this chapter; and\n  (b) the lease, sublease or other agreement with the participating\nmunicipality relating to such court facilities provides that the plans,\nspecifications, designs and cost estimates for the design, construction,\nreconstruction, rehabilitation, improvement, furnishing or equipping of\nthe court facilities in connection with such bonds are to be issued\nsubject to the approval of the chief administrator of the courts\npursuant to paragraph (u) of subdivision one of section two hundred\ntwelve of the judiciary law.\n  3. Notwithstanding the provisions of any general, special or local\nlaw, charter or ordinance to the contrary, a participating municipality\nmay sell, convey, lease, exchange or otherwise make available to the\nauthority, for nominal consideration, the title to or an interest in\nreal property for the purpose of providing court facilities or combined\noccupancy structures and may enter into any lease, sublease or other\nagreement with the authority in connection with court facilities or\ncombined occupancy structures without public auction or bidding or\nrestriction as to the term of such lease, sublease or other agreement,\nprovided that such sale, conveyance, lease, exchange, or other\ndisposition to the authority or lease, sublease or other agreement with\nthe authority is authorized by the board of county supervisors or the\ncounty legislature of a participating municipality which is a county, or\nthe common council of a participating municipality which is a city other\nthan the city of New York or, if the participating municipality is the\ncity of New York, the board of estimate of the city of New York.\n  4. In the event that a participating municipality fails to pay to the\nauthority when due all or part of the rentals and other payments payable\npursuant to any lease, sublease or agreement with the authority, the\nchairman or another officer of the authority shall certify at the times\nprovided in this subdivision the amount of rentals and other payments\nthen due from such participating municipality and unpaid. The state\ncomptroller, upon receipt of such certificate, shall deduct the amount\nof such rentals and other payments as remains unpaid to the authority\nfirst from the aid payable to such participating municipality from the\ncourt facilities incentive aid fund established by section ninety-four\nof the state finance law and, then, from the next succeeding payments of\nstate aid apportioned to such participating municipality, as revenue\nsharing, per capita aid, and any other aid pursuant to section\nfifty-four of the state finance law and, then, from the next succeeding\npayments of state aid for any local governmental administrative costs\nthat are reimbursable to the participating municipality pursuant to\nstate law and, then, from the next succeeding payments of state aid from\nmoneys appropriated pursuant to section six hundred eight of the public\nhealth law and pursuant to section ten-c of the highway law; provided,\nhowever, that the right of the authority to the payment of any amount\ndeducted by the state comptroller pursuant to this section from per\ncapita aid apportioned to the city of New York shall be subject and\nsubordinate to the rights of the city university construction fund\npursuant to section sixty-two hundred seventy-nine of the education law,\nthe New York city housing development corporation pursuant to section\nsix hundred fifty-six of the private housing finance law, the trustees\nof the police pension fund pursuant to paragraph e of subdivision seven\nof section fifty-four of the state finance law, and the municipal\nassistance corporation for the city of New York pursuant to section\nthree thousand thirty-six-a of this chapter and subdivision one of\nsection ninety-two-e of the state finance law. In order to insure that\nthe amount of rentals and other payments due and unpaid by a\nparticipating municipality are paid, the authority on or within thirty\ndays prior to January twenty-fifth, April twenty-fifth, July\ntwenty-fifth and October twenty-fifth of each year shall certify to the\nstate comptroller the amount of rentals and other payments then due and\nunpaid by each participating municipality pursuant to any lease,\nsublease or other agreement. The amount required to be deducted by the\nstate comptroller pursuant to this subdivision shall be deducted from\nsuch aid, whether or not the state aid from which such deduction is to\nbe made is then payable to the participating municipality, and thereupon\npaid to the authority. The amount of state aid payable to such\nparticipating municipality shall be reduced by the amount deducted by\nthe state comptroller notwithstanding the amount appropriated and\napportioned by the state to such participating municipality, and the\nstate shall not be obligated to make and the participating municipality\nshall not be entitled to receive any additional apportionment or payment\nof such state aid. Nothing shall be construed to create an obligation\nupon the state to appropriate moneys, to preclude the state from\nreducing the amount of moneys appropriated or level of assistance\nprovided, or to preclude the state from altering or modifying the manner\nin which it provides for or provides assistance.\n  5. On and after the effective date of this subdivision, when bonds are\nissued by the authority pursuant to this section, the authority and the\nparticipating municipality shall agree in any lease, sublease or other\nagreement to finance the acquisition, construction, reconstruction or\nrehabilitation of a court facility or combined occupancy structure that,\nso long as such bonds remain outstanding, the participating municipality\nshall retain title to such court facility or combined occupancy\nstructure free of all liens and encumbrances except as shall be\nexpressly permitted by such lease, sublease or other agreement.\n
N.Y. PBH Law § 362 — New York Code / Act PBH / Article 3 / Title 4 / Section 362
Certain cities; term of office of commissioner and health officer; removal
Status: in_force

§ 362. Certain cities; term of office of commissioner and health\nofficer; removal. 1. The commissioner of health in cities having a\npopulation of fifty thousand to one hundred seventy-five thousand, and\nthe health officer in cities having a population of less than fifty\nthousand, respectively, shall serve for a term of four years.\n  2. (a) The commissioner of health in cities having a population of\nfifty thousand to one hundred seventy-five thousand and the health\nofficer in cities having a population of less than fifty thousand, shall\nnot be removed by the official or body appointing him during the term\nfor which he shall have been appointed other than for inefficiency,\nneglect of duty or misconduct in office, upon written charges and after\nan opportunity of being publicly heard in his defense.\n  (b) A copy of such charges shall be personally served upon such\ncommissioner of health in cities having a population of fifty thousand\nto one hundred seventy-five thousand or health officer in cities having\na population of less than fifty thousand and he shall be given not less\nthan five days' notice of the time and place of the hearing.\n
N.Y. PBA Law § 1699-A — New York Code / Act PBA / Article 8 / Title 4-A / Section 1699-A
Legislative report
Status: in_force

* § 1699-a. Legislative report. The chairman shall annually before\nDecember first, report in writing to the legislature concerning the\nawarding of contracts, for specified commodities, equipment or services\nor for the construction, reconstruction, rehabilitation or improvement\nof college facilities at the Hostos Community College to small\nbusinesses and minority businesses. The report shall include the total\nvalue of awards made in the preceding fiscal year under the designation\nof small business set-aside.\n  * NB There are 2 § 1699-a's\n
N.Y. RPT Law § 499-F — New York Code / Act RPT / Article 4 / Title 4 / Section 499-F
Reporting requirements; revocation of abatements
Status: in_force

§ 499-f.  Reporting requirements; revocation of abatements.  1. For\nthe duration of the applicant's benefit period, the applicant shall file\nannually with the department of finance, on or before July first of each\nyear, a certificate of continuing eligibility confirming that the\neligible premises are occupied by the tenant who originally executed the\nlease and that the eligible premises are being used for the purposes\ndescribed in the application.  Such certificate of continuing\neligibility shall be on a form prescribed by the department of finance\nand shall contain such additional information as the department of\nfinance shall require.  The department of finance shall have the\nauthority to determine the abatements granted pursuant to this title\nupon failure of an applicant to file such certificate by such July first\ndate.  The burden of proof shall be on the applicant to establish\ncontinuing eligibility for benefits and the department of finance shall\nhave the authority to require that statements made in such certificate\nshall be made under oath.\n  2. The department of finance shall revoke any abatement granted\npursuant to this title when the tenant who originally executed the lease\nis no longer occupying the eligible premises.  Such revocation shall be\nretroactive to the date that such tenant vacated the eligible premises\nand the department of finance shall require the landlord to pay, with\ninterest, any taxes which become payable as a result of such revocation.\nThe landlord shall notify the department of finance within thirty days\nfollowing the date on which such tenant vacated the eligible premises\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n  3. If any portion of the premises for which an abatement has been\ngranted pursuant to this title ceases to be occupied or used as eligible\npremises or is occupied by a subtenant, the department of finance shall\nreduce the abatement granted pursuant to this title by an amount equal\nto the percentage of such eligible premises which has ceased to be\noccupied or used as eligible premises or is occupied by a subtenant.\nSuch reduction shall be retroactive to the date that such premises\nceased to be occupied or used as eligible premises or was occupied by a\nsubtenant, and the department of finance shall require the landlord to\npay, with interest, any taxes which become payable as a result of such\nreduction.  The landlord shall notify the department of finance within\nthirty days following the date on which the premises ceased to be\noccupied or used as eligible premises or was occupied by a subtenant\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n  4. If, during the benefit period, any real property tax or water or\nsewer charge or other lienable charge due and payable with respect to an\neligible building shall remain unpaid for at least one year following\nthe date upon which such tax or charge became due and payable, all\nabatements granted pursuant to this title with respect to such building\nshall be revoked, unless within thirty days from the mailing of a notice\nof revocation by the department of finance satisfactory proof is\npresented to the department of finance that any and all delinquent taxes\nand charges owing with respect to such building as of the date of such\nnotice have been paid in full or are currently being paid in timely\ninstallments pursuant to a written agreement with the department of\nfinance or other appropriate agency.  Any revocation pursuant to this\nsubdivision shall be effective with respect to real property taxes which\nbecome due and payable following the date of such revocation.\n  5. The department of finance may deny, reduce, suspend, terminate or\nrevoke any abatement granted pursuant to this title whenever:\n  (a) the landlord or the tenant receiving abatement pursuant to this\ntitle fails to comply with the requirements of this title or the rules\npromulgated hereunder; or\n  (b) an application, certificate, report or other document submitted by\nthe applicant contains a false or misleading statement as to a material\nfact or omits to state any material fact necessary in order to make the\nstatement therein not false or misleading, and may declare any applicant\nwho makes such false or misleading statement or omission to be\nineligible for future abatement pursuant to this title for the same or\nother property.  In addition, the department of finance shall require\nthe applicant to pay, with penalty and interest, any abatement received\npursuant to this title as a result of such false or misleading statement\nor omission of a material fact.\n  6. Notwithstanding any other provision of this title, the department\nof finance shall deny, terminate or revoke any abatement applied for or\ngranted pursuant to this title upon a determination that the lease\nbetween the landlord and the tenant does not constitute a bona fide\narm's length lease.  In making such determination, the department of\nfinance may consider, among other factors, the relationship, if any,\nbetween the landlord and the tenant and whether the business terms of\nsuch lease are consistent with the business terms generally found in\nleases for comparable space.\n  7. (a) If any person described in the statement required by paragraph\n(b) of subdivision seven of section four hundred ninety-nine-c of this\ntitle or paragraph (b) of this subdivision is finally adjudicated by a\ncourt of competent jurisdiction to be guilty of any charge listed in\nsuch statement, the department of finance shall revoke the abatement\ngranted pursuant to this title and shall require the payment, with\ninterest, of any abatement received pursuant to this title.\n  (b) The applicant shall, on the certificate of continuing eligibility,\nstate whether any charges alleging violation by the applicant or any\nperson owning a substantial interest in the eligible building, or any\nofficer, director or general partner of the applicant or person owning a\nsubstantial interest in the eligible building, or any person for whom\nthe applicant or person owning a substantial interest in the eligible\nbuilding is an officer, director or general partner, of section two\nhundred thirty-five of the real property law or any section of article\none hundred fifty of the penal law or any similar arson law of another\njurisdiction, are pending. For purposes of this paragraph, "substantial\ninterest" shall have the same meaning as set forth in paragraph (c) of\nsubdivision seven of section four hundred ninety-nine-c of this title.\n  8. The department of finance shall revoke any abatement granted\npursuant to this title with respect to premises leased to a renewal\ntenant if the applicant shall fail to submit evidence acceptable to the\ndepartment of finance, within the time specified in subdivision four of\nsection four hundred ninety-nine-d of this title, that the requirements\nof section four hundred ninety-nine-c of this title concerning\nexpenditures on improvements have been met within the time specified in\nsuch section four hundred ninety-nine-c.  In such event, the department\nof finance shall require the landlord to pay, with penalty and interest,\nany abatement received pursuant to this title with respect to the\npremises in question.\n
N.Y. EDN Law § 3014-B — New York Code / Act EDN / Title 4 / Article 61 / Section 3014-B
Teachers' rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services
Status: in_force

§ 3014-b. Teachers' rights as a result of a school district taking\nover a program formerly operated by a board of cooperative educational\nservices. 1. In any case in which a school district duly takes over the\noperation of a program formerly provided by a board of cooperative\neducational services, each teacher, teaching assistant and teacher aide\nemployed in such a program by such a board of cooperative educational\nservices at the time of such takeover by the school district shall be\nconsidered an employee of such school district, with the same tenure or\ncivil service status he maintained in such board of cooperative\neducational services.\n  2. If the number of teaching positions needed to provide the services\nrequired by such program by the school district is less than the number\nof teachers, teaching assistants and teacher aides eligible to be\nconsidered employees of such school district as provided by subdivision\none of this section, the services of the teachers, teaching assistants\nand teacher aides having the least seniority in the board of cooperative\neducational services whose programs are taken over by the school\ndistrict within the tenure area or civil service title of the position\nshall be discontinued. Such teachers, teaching assistants and teacher\naides shall be placed on a preferred eligible list of candidates for\nappointment to a vacancy that may thereafter occur in an office or\nposition under the jurisdiction of the school district similar to the\none such teacher, teaching assistant and teacher aide filled in such\nboard of cooperative educational services. The teachers, teaching\nassistants and teacher aides on such preferred list shall be reinstated\nor appointed to such vacancies in such corresponding or similar\npositions under the jurisdiction of the school district in the order of\ntheir length of service in such board of cooperative educational\nservices, within seven years from the date of the abolition of such\noffice or position.\n  3. For any such teacher, teaching assistant and teacher aide as set\nforth in subdivision one of this section for salary, sick leave and any\nother purposes, the length of service credited in such board of\ncooperative educational services shall be credited as employment time\nwith such school district.\n  4. In the event that more than one school district duly takes over the\noperation of a program formerly provided by a board of cooperative\neducational services, then each teacher, teaching assistant and teacher\naide employed in such program by such board of cooperative educational\nservices at the time of such takeover by more than one school district,\nshall select the particular school district in which he shall be\nconsidered an employee, with all of the rights and privileges provided\nby the other provisions of this section. Such selection of the\nparticular school district by such teacher, teaching assistant and\nteacher aide is to be based upon the seniority of each teacher, teaching\nassistant and teacher aide in such board of cooperative educational\nservices, with the right of selection passing from such teachers,\nteaching assistants and teacher aides with the most seniority to such\nteachers, teaching assistants and teacher aides with least seniority.\nAny such teacher, teaching assistant and teacher aide who is unable to\nobtain a teaching position in any such school districts because the\nnumber of positions needed to provide the services required in such\nprograms with such school districts are less than the number of\nteachers, teaching assistants and teachers aides eligible to be\nconsidered employees of such school districts, shall be placed on a\npreferred eligible list in all such school districts in the method and\nwith all of the rights provided by the other provisions of this section.\n  5. This section shall in no way be construed to limit the rights of\nany of such employees set forth in this section granted by any other\nprovision of law.\n
N.Y. EDN Law § 3213 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3213
Supervisors of attendance; attendance teachers; attendance officers; appointment, compensation, powers and duties
Status: in_force

§ 3213. Supervisors of attendance; attendance teachers; attendance\nofficers; appointment, compensation, powers and duties. 1. Appointment,\nremoval, compensation and supervision. a. To the end that children shall\nnot suffer through unnecessary failure to attend school for any cause\nwhatsoever, it shall be the duty of each attendance teacher and each\nattendance supervisor to secure for every child his right to educational\nopportunities which will enable him to develop his fullest\npotentialities for education, physical, social and spiritual growth as\nan individual and to provide for the school adjustment of any\nnonattendant child in cooperation with school authorities, special\nschool services and community and social agencies.\n  The school authorities of each city school district, union free school\ndistrict, central school district, central high school district, or\ncommon school district whose limits include in whole or in part an\nincorporated village, shall appoint and may remove one or more\nsupervisors of attendance or attendance teachers of such district. A\nsupervisor of attendance shall be appointed in accordance with the civil\nservice law and rules, unless he or she is a licensed attendance teacher\nor a teacher licensed to teach in New York state, with such further\nqualifications as the board of regents shall establish. On and after\nJuly first, nineteen hundred fifty-five no full-time supervisor of\nattendance shall be appointed unless he or she holds a license as\nattendance teacher. Such supervisors of attendance and those holding\nfull-time positions who are similarly licensed teachers or who hold\nattendance teacher licenses shall be assigned to the step in the salary\nschedule of the school district commensurate with the salary being paid\nsuch supervisors or teachers. Such persons shall be paid thereafter in\naccordance with such schedule. If the amount of salary received on said\nJuly first, nineteen hundred fifty-five is less than the minimum step of\nthe salary schedule, such supervisor or teacher shall be paid until June\nthirtieth, nineteen hundred fifty-six at the rate of the first step and\nin accordance with the schedule thereafter.\n  No supervisor of attendance or attendance teacher shall be appointed\nwho is not twenty-one years of age and in proper physical condition.\n  In the establishment of an eligible list advanced education related to\nattendance service shall be taken into consideration in the grading of\nthe candidates. Experience in teaching, in social service and welfare\nwork, and in business or in the professional field shall likewise be\ntaken into consideration.\n  Paragraph a of subdivision one of this section shall apply to a city\nin which attendance supervisors are appointed from an eligible list now\nprepared by a board of examiners.\n  Supervisors of attendance in a city having a board of examiners shall\nbe licensed as attendance teachers only when they comply with the\nregulations for such license as established by the commissioner of\neducation and any additional requirements which may be established by\nthe board of examiners.\n  The board of education shall fix the compensation of part-time\nsupervisors of attendance and prescribe their duties not inconsistent\nwith part one of this article and make rules and regulations for the\nperformance thereof. The superintendent of schools or district\nsuperintendent of schools shall supervise the enforcement of part one of\nthis article within such city or school district.\n  b. The town board of each town, with the approval, in writing, of the\ndistrict superintendent, shall appoint, on or before August first of\neach year, one or more attendance officers and shall fix their\ncompensation. During the school year it shall also fill promptly any\nvacancy after notification thereof by the district superintendent. The\ndistrict superintendent shall promptly notify the town board of his\napproval or disapproval of an appointment. If within one month a town\nboard shall not comply with the foregoing provisions, the district\nsuperintendent, subject to appeal to the commissioner of education,\nshall exercise the powers and duties of the town board with respect\nthereto. An attendance officer appointed for a town shall have\njurisdiction over all school districts of the town which are not\notherwise provided for by this section. He shall be removable at the\npleasure of the district superintendent. His compensation and his\nnecessary expenses in attending conferences called by the district\nsuperintendent shall be a town charge.\n  c. In case a school district shall include territory lying within the\nboundaries of more than one town, the attendance officer appointed by\nthe town in which the schoolhouse is located shall have jurisdiction\nover the entire school district.\n  2. Powers and duties. a. Arrest of truants. A supervisor of\nattendance, attendance teacher or attendance officer, as the case may\nbe, may arrest without warrant any minor who is unlawfully absent from\nattendance upon instruction. He shall forthwith place the minor so\narrested in attendance upon required instruction and shall notify the\nparent or guardian of the minor, and he may then begin proceedings for\nhis commitment as a school delinquent or arraign him before a court\nhaving jurisdiction. Where a minor resides in one school district and\nattends school in another school district, the supervisor of attendance,\nattendance teacher or attendance officer of the district where the minor\nresides and the supervisor of attendance, attendance teacher or\nattendance officer of the district where said minor attends school shall\nhave concurrent jurisdiction with reference to said minor and to the\nperson or persons in parental relation to him.\n  b. Right of entry.\n  (1) A supervisor of attendance, attendance teacher or attendance\nofficer, as the case may be, in the performance of his duties, may enter\nduring business hours any factory, mercantile or other establishment, or\nother place in which a minor is believed to be employed within the city\nor school district in which he is appointed, and shall be entitled to\nexamine on demand the employment certificates or work permits of minors\ntherein employed, for whose lawful employment such certificates or\npermits are required by the provisions of part one of this article.\n  (2) He may also enter any public place during the hours in which the\npublic have access thereto, to ascertain if any minor is therein who is\nrequired to attend upon instruction by the provisions of part one of\nthis article, or engaged in a street trade contrary to the provisions of\npart one of this article, or to collect information required for the\nschool census.\n  c. Notification upon absence. It shall be the duty of every school\ndistrict to inform persons in parental relation to elementary school\npupils of such person's right to be notified when such pupil is deemed\nabsent from attendance at his designated school. Persons in parental\nrelation to elementary school pupils shall, if such notification is\ndesired, forward a request in writing to the principal of the pupil's\ndesignated school. Such request shall contain the telephone number of\nperson or persons in parental relation to the pupil or other information\nto facilitate communication with such persons by the most expedient\nmeans available. No civil or criminal liability shall arise or attach to\nany school district or employee thereof for any act or omission to act\nas a result of, or in connection with, the duties or activities\nauthorized or directed by this paragraph.\n  d. Notification when deemed absent. A supervisor of attendance,\nattendance teacher, attendance officer, or other person authorized by\nthe school district, as the case may be, shall, where a request for\nnotification has been made pursuant to paragraph c of this subdivision,\nnotify a person in parental relation to any elementary school pupil by\nthe means designated in such request when such pupil is deemed absent\nfrom required attendance at his designated school without prior\nnotification and consent to such absence by the person in parental\nrelation. No civil or criminal liability shall arise or attach to any\nschool district or employee thereof for any act or omission to act as a\nresult of, or in connection with, the duties or activities authorized or\ndirected by this paragraph.\n  e. To the extent that supervisors of attendance, attendance teachers\nand attendance officers act pursuant to this subdivision and subdivision\none of this section for the purpose of carrying out the provisions of\npart one of this article, they shall be deemed to have acted within the\nscope of their employment. Such personnel shall continue to have all the\npowers, duties and responsibilities conferred on them by law prior to\nthe date on which the provisions of this paragraph become effective.\n
N.Y. RPT Law § 499-A — New York Code / Act RPT / Article 4 / Title 4 / Section 499-A
Definitions
Status: in_force

§ 499-a. Definitions. When used in this title, the following terms\nshall mean or include:\n  1. "Abatement base." The lesser of (a) two dollars and fifty cents of\nthe tax liability per square foot or (b) fifty per centum of the tax\nliability per square foot; provided, however, that with respect to a\nlease commencing on or after April first, nineteen hundred ninety-seven,\nthe abatement base shall equal the tax liability per square foot subject\nto a maximum of two dollars and fifty cents per square foot.\n  2. "Abatement zone." Any area of a city having a population of one\nmillion or more, provided that in the city of New York the abatement\nzone shall be the area in the borough of Manhattan bounded by Murray\nStreet on the north starting at the intersection of West Street and\nMurray Street; running easterly along the center line of Murray Street,\nconnecting through City Hall Park with the center line of Frankfort\nStreet and running easterly along the center lines of Frankfort and\nDover Streets to the intersection of Dover Street and South Street;\nrunning southerly along the center line of South Street to Peter Minuit\nPlaza; connecting through Peter Minuit Plaza to the center line of State\nStreet and running northwesterly along the center line of State Street\nto the intersection of State Street and Battery Place; running westerly\nalong the center line of Battery Place to the intersection of Battery\nPlace and West Street; and running northerly along the center line of\nWest Street to the intersection of West Street and Murray Street. Any\ntax lot which is partly located inside the abatement zone shall be\ndeemed to be entirely located inside such area.\n  3. "Aggregate floor area." The sum of the gross areas of the several\nfloors of a building, measured from the exterior faces of exterior walls\nor from the center lines of walls separating two buildings.\n  4. "Applicant." The landlord and the tenant.\n  5. "Benefit period." The period commencing with the first day of the\nmonth immediately following the rent commencement date and terminating\nno later than sixty months thereafter, provided, however, that with\nrespect to a lease commencing on or after April first, nineteen hundred\nninety-seven with an initial lease term of less than five years, but not\nless than three years, the period commencing with the first day of the\nmonth immediately following the rent commencement date and terminating\nno later than thirty-six months thereafter. Notwithstanding the\nforegoing sentence, a benefit period shall expire no later than March\nthirty-first, two thousand thirty-four.\n  6. "Billable assessed value." The lesser of the taxable transitional\nor the taxable actual assessed value of the eligible building and the\nland on which the eligible building is located for the fiscal year in\nwhich the benefit period commences, as computed pursuant to subdivision\nthree of section one thousand eight hundred five of this chapter.\n  7. "Department of finance." The department of finance of any city\nhaving a population of one million or more.\n  8. "Eligible building." A non-residential or mixed-use building\nlocated in the abatement zone which received its initial certificate of\noccupancy or initial temporary certificate of occupancy prior to January\nfirst, nineteen hundred seventy-five; provided that if no certificate of\noccupancy was required at the time the building was constructed, other\nproof acceptable to the department of finance is submitted which\ndemonstrates that the building was constructed prior to January first,\nnineteen hundred seventy-five; and provided further that eligible\nbuilding shall not include any building owned by a governmental agency.\nEach condominium unit in a building which meets the requirements of this\nsubdivision shall be considered a separate eligible building.\n  9. "Eligibility period." The period commencing April first, nineteen\nhundred ninety-five and terminating March thirty-first, two thousand\ntwenty-eight.\n  10. "Eligible premises." Premises located in an eligible building\nwhich (a) are (i) occupied or used as offices (including ancillary\nuses); or (ii) occupied or used as retail space; or (iii) occupied or\nused as a private elementary or secondary school and (b) are occupied or\nused by a tenant under a lease which meets the eligibility requirements\nof section four hundred ninety-nine-c of this title.\n  11. "Expansion premises." Eligible premises leased by an expansion\ntenant to accommodate additional employees.\n  12. "Expansion tenant." A person who (a) occupies premises in an\neligible building under a lease which does not expire during the\neligibility period and (b) executes a lease for expansion premises in\nsuch eligible building or in another eligible building which lease meets\nthe eligibility requirements of section four hundred ninety-nine-c of\nthis title. For purposes of determining whether expansion premises are\nlocated in the same or in another eligible building, the last sentence\nof subdivision eight of this section shall not be applicable.\n  13. "Fiscal year." The fiscal year of any city having a population of\none million or more.\n  14. "Governmental agency." The United States of America or any agency\nor instrumentality thereof, the state of New York, the city of New York,\nany public corporation (including a body corporate and politic created\npursuant to agreement or compact between the state of New York and any\nother state), public benefit corporation, public authority or other\npolitical subdivision of the state.\n  15. "Landlord." Any person who (a) controls all non-residential\nportions of an eligible building, including, without limitation, the\nrecord owner, the lessee under a ground lease, any mortgagee in\npossession or any receiver, and (b) who grants the right to use or\noccupy eligible premises to any tenant, provided that landlord shall not\ninclude any lessee who at any time during the lease term occupied or\nused or occupies or uses any part of the non-residential portions of\nsuch eligible building, other than premises occupied or used by such\nlessee to provide rental or management services to such building.\n  16. "Lease commencement date." The date set forth in the lease on\nwhich the term of the lease commences.\n  17. "Mixed-use building." A building used for both residential and\ncommercial purposes, provided that more than twenty-five per centum of\nthe aggregate floor area of such building is used or held out for use as\ncommercial, community facility or accessory use space.\n  18. "New tenant." A person who (a) (i) is relocating or expanding from\npremises in a relocation area to eligible premises, or (ii) occupies\npremises in an eligible building under a lease which expires during the\neligibility period and is relocating or expanding to eligible premises,\nor (iii) occupies premises in the abatement zone in a building which is\nnot an eligible building and is relocating or expanding to eligible\npremises, or (iv) does not occupy any premises immediately prior to\nexecuting a lease for eligible premises, or (v) is an owner of a\nbuilding in the abatement zone who is relocating or expanding to\neligible premises, and (b) executes a lease which meets the eligibility\nrequirements of section four hundred ninety-nine-c of this title.\n  19. "Person." An individual, corporation, limited liability company,\npartnership, association, agency, trust, estate, foreign or domestic\ngovernment or subdivision thereof, or other entity.\n  20. "Relocation area." The area in the borough of Manhattan south of\nthe center line of 96th Street or any area outside the city of New York;\nprovided that the abatement zone shall not be a relocation area.\n  21. "Renewal tenant." A person who (a) occupies premises in an\neligible building under a lease which expires during the eligibility\nperiod and (b) executes a lease for the continued occupancy of all or\npart of such premises or all or part of such premises and additional\npremises in such eligible building, provided such premises are eligible\npremises and such lease meets the eligibility requirements of section\nfour hundred ninety-nine-c of this title.\n  22. "Rent commencement date." The date set forth in the lease on which\nthe obligation to pay basic fixed rent shall commence.\n  23. "Subtenant." A person whose right to occupy and use the eligible\npremises is not derived from a lease with the landlord.\n  24. "Tax commission." The tax commission in any city having a\npopulation of one million or more.\n  25. "Tax liability." The product obtained by multiplying the billable\nassessed value for the fiscal year in which the benefit period commences\nby the tax rate applicable to the eligible building for such fiscal year\nas set by the local legislative body of any city having a population of\none million or more.\n  26. "Tax liability per square foot." The tax liability divided by the\ntotal number of square feet in the eligible building, as listed on the\nrecords of the department of finance.\n  27. "Tenant." A person (including any successors in interest) who\nexecutes a lease with the landlord for the right to occupy or use the\neligible premises and who occupies or uses the eligible premises\npursuant to such lease. Tenant shall not include any subtenant. When\nused in this title, "tenant" includes "expansion tenant," "new tenant"\nand "renewal tenant."\n  28. "Tenant's percentage share." The percentage of the eligible\nbuilding's aggregate floor area allocated to the eligible premises,\nwhich shall be presumed to be such percentage as set forth in the lease\nfor the eligible premises; provided that where the eligible premises\nincludes expansion premises, the "tenant's percentage share" shall be\ncalculated on the basis of the percentage of the eligible building's\naggregate floor area allocated solely to the expansion premises.\n
N.Y. VAT Law § 469 — New York Code / Act VAT / Title 4 / Article 17-A / Section 469
Private actions
Status: in_force

§ 469. Private actions. 1. A franchised motor vehicle dealer who is or\nmay be aggrieved by a violation of this article shall be entitled to\nrequest an adjudicatory proceeding, as prescribed in section four\nhundred seventy-one-a of this article, or in lieu thereof, sue for, and\nhave, injunctive relief and damages in any court of the state having\njurisdiction over the parties. In any such judicial action or\nproceeding, the court may award necessary costs and disbursements plus a\nreasonable attorney's fee to any party.\n  2. Whenever a franchise provides for the use of arbitration to resolve\na controversy arising out of or relating to such contract, arbitration\nmay be used to settle such controversy only if after such controversy\narises all parties to such controversy consent in writing to use\narbitration to settle such controversy.\n
N.Y. LFN Law § 60.10 — New York Code / Act LFN / Article 2 / Title 4 / Section 60.10
Sale of obligations to certain banks and trust companies authorized
Status: in_force

§ 60.10. Sale of obligations to certain banks and trust companies\nauthorized. a. The agency selling notes of a municipality, school\ndistrict or district corporation may sell such notes at private sale to\na bank or trust company of which an officer or employee of the\nmunicipality, school district or district corporation has an interest\nwhich is otherwise prohibited by the provisions of article eighteen of\nthe general municipal law, without limitation as to rate of interest,\nprovided that at least two other banks are unwilling or unable to\npurchase the notes at a rate of interest equal to or less than that at\nwhich the bank in which the officer or employee has an interest proposes\nto purchase such notes. Disclosure of any such actual or prospective\nsale shall be made as provided in section eight hundred three of the\ngeneral municipal law. Where any such relationship exists, however, no\nsuch sales shall be authorized in the event that:\n  1. During the current fiscal year of the municipality, school district\nor district corporation the bank or trust company has purchased, or by\nvirtue of the sale would purchase, at private sales from the\nmunicipality, school district or district corporation, notes of such\nissuer, the aggregate principal amount of which is or would exceed, one\nhundred thousand dollars; or\n  2. The bank or trust company then is, or by virtue of the sale would\nbecome, the holder of notes of the municipality, school district or\ndistrict corporation, purchased at private sale from such issuer, the\naggregate principal amount of which is, or would exceed, one hundred\nthousand dollars.\n  The foregoing limitations of this paragraph a shall not be applicable\nto notes renewed at private sale where such notes were originally sold\nat public sale, pursuant to the requirements of former section 60.20 of\nthis chapter, and are renewed by the original buyer thereof at the same\nor lower rate of interest.\n  b. The agency selling bonds of a municipality, school district, or\ndistrict corporation may, subject to the limitations of section 63.00 of\nthis chapter, sell such bonds at private sale to a bank or trust company\nof which an officer or employee of the municipality, school district or\ndistrict corporation has an interest which is otherwise prohibited by\nthe provisions of article eighteen of the general municipal law.\nDisclosure of any such actual or prospective sale shall be made as\nprovided in section eight hundred three of the general municipal law.\nWhere any such relationship exists, however, no such sales shall be\nauthorized in the event that the bank or trust company then is, or by\nvirtue of the sale would become, the holder of bonds of the\nmunicipality, school district or district corporation, purchased at\nprivate sale from such issuer, the aggregate principal amount of which\nis, or would exceed one hundred thousand dollars.\n  c. Any officer of a municipality, school district or district\ncorporation who wilfully participates in authorizing the sale of, or in\nselling, obligations of the municipality, school district or district\ncorporation in violation of the foregoing provisions of this section\nshall be guilty of a misdemeanor.\n
N.Y. PBA Law § 3058 — New York Code / Act PBA / Article 10 / Title 4 / Section 3058
Conditions on extension of benefits to the city
Status: in_force

§ 3058. Conditions on extension of benefits to the city. The\ncorporation shall, at the time of any exchange of the corporation's\nbonds and notes for obligations of the city pursuant to subdivision two\nof section three thousand fifty-five of this title or any payment of\nfunds of the corporation to the city or of any purchase from the city of\nits obligations pursuant to section three thousand fifty-seven of this\ntitle, require the city to agree to observe and perform the conditions\nset forth below in this section, with such limitations as to the\nimplementation of such conditions as the corporation may, subject to any\ncontract with bondholders or noteholders, then approve; provided,\nhowever, that no such specific limitations shall be so substantial as to\neffectively constitute a waiver of any such conditions. Any such\nconditions may thereafter, in the discretion of the corporation, subject\nto any contract with bondholders or noteholders, be further limited.\nSuch conditions shall cease to apply when all notes and bonds have been\nrepaid or when the corporation has accumulated in its bond reserve funds\nor otherwise an amount equal to the principal of all outstanding notes\nand bonds and interest accrued thereon. The city shall have the right at\nany time to pay the corporation an amount which, when added to the bond\nreserve funds, shall equal the principal of all outstanding notes and\nbonds and interest accrued thereon and redemption premium if any. If the\ncity makes such payment at a time when the corporation has outstanding\nnotes or bonds that are not then callable, the city shall agree to pay\nthe corporation on demand an amount equal to the amount, if any, by\nwhich the amount of interest on such notes or bonds shall exceed the\ncorporation's income from the investment of its funds. Subject to the\nforegoing, the conditions that the corporation shall require the city to\nobserve and perform shall be as follows:\n  1. The city shall deliver a certificate, executed by the chief\nexecutive officer in form prescribed by the corporation, (a)\nrepresenting that the city is in compliance with the conditions\ndescribed below in this section as the corporation may specify, (b)\nundertaking to comply with any of such specified conditions as the\ncorporation may then require, and (c) stating that all local legislative\nand executive action then required to permit such compliance by the city\nhas been taken. The corporation may require the delivery with such\ncertificate of an opinion of the city's corporation counsel that all\nsuch legislative and executive action has been taken.\n  2. For the fiscal year ending December thirty-first, nineteen hundred\nninety-six, and for each fiscal year thereafter, the city's budgets\nshall be prepared in accordance with the provisions of chapter seven\nhundred twenty-one of the laws of nineteen hundred ninety-four, as\namended from time to time.\n  3. Each fiscal year the city shall take such action as may be\nnecessary to enable an independent certified public accounting firm\nselected and retained by the city at its cost to perform an annual audit\nand to furnish to the corporation an annual report upon the financial\nstatements of the city. Each such report shall be prepared in accordance\nwith the generally accepted accounting principles. The city shall make\navailable for inspection and copying all books, records, work papers and\nother data and material as required by the independent certified public\naccounting firm conducting such audit and the city shall make its\nofficers and employees available to and shall cooperate with such\nauditors so as to permit such annual audit to be completed and the\nreport issued to the city and to the corporation within one hundred\ntwenty days after the close of the fiscal year. Such report shall be\nmade available to the public promptly thereafter.\n  4. Beginning with the fiscal year ending December thirty-first,\nnineteen hundred ninety-six and for each fiscal year thereafter, the\ncity shall deliver its proposed budgets to the corporation. Delivery to\nthe corporation shall be made concurrently with the initial submission\nof the proposed budgets to the city council, but in any event not later\nthan fifty days prior to the beginning of such fiscal year or such other\ndate as the corporation may approve upon the request of the city.  The\nproposed budgets submitted to the corporation shall be prepared in\naccordance with the accounting methods referred to in subdivision three\nof this section. Such budgets shall be identical to the proposed budgets\nsubmitted to the city council. The proposed budgets delivered to the\ncorporation shall be accompanied by (i) a statement setting forth in\ndetail the assumptions of income and expense used in preparation, and\n(ii) a certificate of the chief executive officer stating that such\nassumptions are reasonable and that operation within the budgets is\nfeasible. Subject to and in accordance with the provisions of chapter\nseven hundred twenty-one of the laws of nineteen hundred ninety-four, as\nthe same may be amended from time to time, the city shall in every\nfiscal year adopt and maintain budgets in which the total of all revenue\nitems equals or exceeds the total of all expenditure items.\n  5. If after the adoption of the budgets for any fiscal year, any\nincrease therein, or an increase in total expenditures shall be\nproposed, the chief executive officer shall cause such proposal to be\nsubmitted to the corporation concurrently with its submission to the\ncity council, together with a statement of the source of current\nrevenues or other identifiable and currently available funds required\nfor the payment of such additional amounts.\n  6. Commencing at such time as the corporation may specify, but not\nlater than February first, nineteen hundred ninety-six, the city budget\ndirector shall deliver to the corporation, not less than thirty days\nbefore each fiscal quarter (except, within thirty days after the\ncommencement of the first fiscal quarter), an expenditure plan to\nimplement the city budgets for such fiscal quarter and within amounts\nbased on current income or other identifiable and currently available\nfunds. The city budget director shall deliver to the corporation within\nthirty days after the end of each such fiscal quarter covered by an\nexpenditure plan, an operations report reflecting results of city\noperations for such fiscal quarter and whether the city has operated\nwithin the related expenditure plan. Each expenditure plan and\noperations report shall be in such form as the corporation may specify\nand shall be certified by the city budget director and shall detail and\nreport upon action taken by the city to maintain balanced budgets.\n  7. The city shall comply in all material respects with the expenditure\nlimitations in its budgets as adopted or modified in accordance with\nsubdivisions four and five of this section, and with chapter seven\nhundred twenty-one of the laws of nineteen hundred ninety-four, as the\nsame may from time to time be amended.\n
N.Y. LAB Law § 294 — New York Code / Act LAB / Article 11 / Title 4 / Section 294
Dressing rooms
Status: in_force

§ 294. Dressing rooms. There shall be provided in every factory where\nfemales are employed such dressing or emergency rooms as shall be\nspecified in the rules of the board. All dressing rooms shall be\nseparated from waterclosets by partitions, shall have adequate floor\nspace in proportion to the number of employees, shall be provided with\nseats and with suitable means for hanging clothes, and shall be\nconstructed, heated, ventilated, lighted and maintained in accordance\nwith the rules of the board.\n
N.Y. PBA Law § 1475-P — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-P
Remedies of bondholders
Status: in_force

§ 1475-p. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of the bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle, or shall default in any agreement made with the holders of any\nissue of the bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nof Onondaga and proved or acknowledged in the same manner as a deed to\nbe recorded, may appoint a trustee to represent the holders of such\nbonds for the purposes provided in this section.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Onondaga.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the aforegoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. PBA Law § 1493-P — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-P
Remedies of bondholders
Status: in_force

§ 1493-p. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Albany and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out by any agreement as to, or pledge of,\nsuch revenues, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding, enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Albany.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. EDN Law § 3037 — New York Code / Act EDN / Title 4 / Article 61 / Section 3037
Grants for hiring teachers
Status: in_force

§ 3037. Grants for hiring teachers. 1. For purposes of this section,\nthe following term shall have the following meaning: "Eligible teacher"\nshall mean an individual that: (a) is certified to teach in New York\nstate pursuant to section three thousand four of this article; or holds\na Master's degree or Ph.D. in Mathematics, Science, Technology or\nEducation; or holds a Bachelor's degree in Mathematics, Science,\nTechnology or Education and is currently enrolled in a Master's or Ph.D.\nprogram in Mathematics, Science, Technology or Education within five\nyears from the later of the effective date of this section or the\nemployment start date with the nonpublic school, (b) teaches\nMathematics, Science or Technology in any grades from three through\ntwelve, and (c) is employed by a nonpublic school.\n  2. (a) Within amounts appropriated therefor, nonpublic schools shall,\nupon application, be reimbursed by the department for the salaries of\neligible teachers. Each school which seeks a reimbursement pursuant to\nthis section shall submit to the office of religious and independent\nschools an application therefor, together with such additional documents\nas the commissioner may reasonably require, at such times, in such form\nand containing such information as the commissioner may prescribe by\nregulation. Applications for reimbursement pursuant to this section must\nbe received by August first of each year for schools to be reimbursed\nfor the salaries of eligible teachers in the prior year.\n  (b) Pursuant to paragraph (a) of this subdivision, reimbursement for\neligible teachers shall be the average comparable teacher salary and\npersonal service, per subject area, of public school teachers in the\nschool district in which such nonpublic schools are located, multiplied\nby the percentage of full time equivalent secular instructional hours\ncompleted in the school day per subject area. Reimbursements shall not\nbe provided for eligible teachers who provide instruction in\nmathematics, science or technology if such teachers also provide\nnon-secular instruction in any capacity.\n  (c) In the event that the applications for reimbursement under this\nsection exceed the appropriation available for this program, then each\napplicant shall only be reimbursed an amount equal to the percentage\nthat each such applicant represents to the total of all applications\nsubmitted.\n  3. The commissioner may promulgate any rules or regulations necessary\nto carry out the provisions of this section.\n
N.Y. PBA Law § 3568 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3568
Audit and annual reports
Status: in_force

§ 3568. Audit and annual reports.  1. In conformity with the\nprovisions of section five of article ten of the constitution, the\naccounts of the corporation shall be subject to the supervision of the\nstate comptroller.\n  2. The corporation annually shall cause an independent certified\npublic accountant to perform an audit of the corporations accounts and\nto prepare a financial statement, income statement, and balance sheet of\nthe corporation.\n  3. The corporation shall annually prepare a detailed report pursuant\nto the provisions of section twenty-eight hundred of this chapter.\n  4. (a) The corporation shall also report on an annual basis the\nfollowing information: the name, principal business address and\nprincipal business activities of each subsidiary of the corporation; the\nname of all partners, managers, board members and officers of each\nsubsidiary; the number of employees of each subsidiary; a list of all\ncontracts in excess of one hundred thousand dollars entered into by the\ncorporation and its subsidiaries identifying the amount, purpose and\nduration of such contract; and a financial statement, income statement,\nand balance sheet of each of the corporation's subsidiaries, prepared by\nan independent certified public accountant all in accordance with\ngenerally accepted accounting principles.\n  (b) The corporation shall also report no less than quarterly its\nincome, expenses and relevant fiscal, programmatic and clinical data.\n  5. All such reports and financial statements shall be furnished to the\ngovernor, the comptroller, the majority leader of the senate, the\nspeaker of the assembly, and to the chairperson of the senate finance\ncommittee and the chairperson of the assembly ways and means committee.\n
N.Y. EDN Law § 3316 — New York Code / Act EDN / Title 4 / Article 66 / Section 3316
Withdrawal and dissolution
Status: in_force

§ 3316. Withdrawal and dissolution. 1. Once effective, the compact\nshall continue in force and remain binding upon each and every member\nstate; provided that a member state may withdraw from the compact by\nspecifically repealing the statute, which enacted the compact into law.\n  2. Withdrawal from this compact shall be by the enactment of a statute\nrepealing the same, but shall not take effect until written notice of\nthe withdrawal has been given by the withdrawing state to the governor\nof each other member jurisdiction.\n  3. The withdrawing state shall immediately notify the chairperson of\nthe interstate commission in writing upon the introduction of\nlegislation repealing this compact in the withdrawing state. The\ninterstate commission shall notify the other member states of the\nwithdrawing state's intent to withdraw within sixty days of its receipt\nthereof.\n  4. The withdrawing state is responsible for all assessments,\nobligations and liabilities incurred through the effective date of\nwithdrawal, including obligations, the performance of which extend\nbeyond the effective date of withdrawal.\n  5. Reinstatement following withdrawal of a member state shall occur\nupon the withdrawing state reenacting the compact or upon such later\ndate as determined by the interstate commission.\n
N.Y. PBH Law § 4145 — New York Code / Act PBH / Article 41 / Title 4 / Section 4145
Deaths; burial and removal permits; disposition of remains
Status: in_force

§ 4145. Deaths; burial and removal permits; disposition of remains.\n1. No person in charge of any premises on which interments, cremations,\nnatural organic reductions or other disposition of the body of a\ndeceased person are made shall inter or permit the interment or other\ndisposition of any body unless it is accompanied by a burial, cremation,\nnatural organic reduction or transit permit, as provided in this\narticle.\n  2. (a) The funeral director or undertaker shall deliver the burial\npermit to the person in charge of the place of burial or other\ndisposition before interring or otherwise disposing of the body or shall\nattach the removal or transit permit to the box containing the body,\nwhen shipped by any transportation company, which permit shall accompany\nthe remains to its destination, where, if within this state, it shall be\ndelivered to the person in charge of the place of burial or other\ndisposition.\n  (b) Any person or other entity owning, operating, managing, or\ndesignated to receive the body of a deceased person at a place of\nburial, cremation, natural organic reduction, or other final disposition\nin this state, who receives the body of a deceased person, shall provide\na receipt for the body to the funeral director, undertaker or registered\nresident who delivered such body. Each receipt shall (i) be endorsed by\nboth such person and the funeral director, undertaker or registered\nresident, (ii) indicate the date the body was delivered, (iii) include\nthe name of the funeral director, undertaker or registered resident\ndelivering the body and the registration number of such funeral\ndirector, undertaker or registered resident, (iv) include the name of\nthe registered funeral firm the funeral director, undertaker or\nregistered resident represents, (v) include the name of the deceased\nperson as it appears on the burial, cremation, natural organic\nreduction, or transit permit, and (vi) include the name of the owner,\noperator, manager, or person in charge of the place of burial,\ncremation, natural organic reduction, or other final disposition who\nreceived the body of the deceased person. A copy of such receipt shall\nbe retained by the owner, operator, manager, or person in charge of the\nplace of burial, cremation, natural organic reduction, or other final\ndisposition for a period of not less than four years, and shall be made\navailable for inspection by the division of cemeteries during normal\nbusiness hours. The original copy of every such receipt shall be\nretained by the licensed funeral firm for a period of not less than four\nyears pursuant to the rules and regulations of the department governing\nthe maintenance of records.\n  3. The person in charge of the place of burial or other disposition\nshall endorse upon the permit, the date of interment, natural organic\nreduction, or cremation or other disposition over his signature, and\nshall return all permits so endorsed to the registrar of his district\nwithin seven days after the date of interment, cremation, natural\norganic reduction, or other disposition.\n  4. When burying or otherwise disposing of the body of a deceased\nperson in a cemetery or burial place having no person in charge, the\nfuneral director or undertaker shall (a) sign the burial or removal\npermit, giving the date of burial; (b) write across the face of the\npermit the words "No person in charge;" and (c) file the burial or\nremoval permit within three days with the registrar of the district in\nwhich the cemetery is located.\n  5. The person in charge of the place of burial, cremation, natural\norganic reduction, or other disposition shall keep a record of all\nbodies interred or otherwise disposed of on the premises under his\ncharge, in each case stating the name of each deceased person, place of\ndeath, date of burial or disposal, and name and address of the funeral\ndirector or undertaker, which record shall at all time be open to\nofficial inspection.\n  6. For the purposes of this section, such documents required to be\nproduced under this section may be signed by written instrument or the\nuse of an electronic signature, as that term is defined in subdivision\nthree of section three hundred two of the state technology law, with the\nintent to execute the instrument, writing or electronic record.\n
N.Y. RPT Law § 581 — New York Code / Act RPT / Article 5 / Title 4 / Section 581
Assessment of residential cooperative, condominium and rental property
Status: in_force

§ 581. Assessment of residential cooperative, condominium and rental\nproperty. 1. (a) Notwithstanding any other provision of law, real\nproperty owned or leased by a cooperative corporation or on a\ncondominium basis shall be assessed for purposes of this chapter at a\nsum not exceeding the assessment which would be placed upon such parcel\nwere the parcel not owned or leased by a cooperative corporation or on a\ncondominium basis.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply to such real property classified within:\n  (i) on and after January first, nineteen hundred eighty-six, class one\nof section one thousand eight hundred two of this chapter; or\n  (ii) on and after January first, nineteen hundred eighty-four, the\nhomestead class of an approved assessing unit which has adopted the\nprovisions of section one thousand nine hundred three of this chapter,\nor the homestead class of the portion outside an approved assessing unit\nof an eligible split school district which has adopted the provisions of\nsection nineteen hundred three-a of this chapter; provided, however,\nthat, in an approved assessing unit which adopted the provisions of\nsection one thousand nine hundred three of this chapter prior to the\neffective date of this subdivision, paragraph (a) of this subdivision\nshall apply to all such real property (i) which is classified within the\nhomestead class pursuant to paragraph one of subdivision (e) of section\none thousand nine hundred one of this chapter and (ii) which, regardless\nof classification, was on the assessment roll prior to the effective\ndate of this subdivision unless the governing body of such approved\nassessing unit provides by local law adopted after a public hearing,\nprior to the taxable status date of such assessing unit next occurring\nafter December thirty-first, nineteen hundred eighty-three, that such\nparagraph (a) shall not apply to such real property to which this clause\napplies.\n  (c) The provisions of paragraph (a) of this subdivision shall not\napply to a converted condominium unit in a municipal corporation, other\nthan a special assessing unit, which has adopted, prior to the taxable\nstatus date of the assessment roll upon which its taxes will be levied,\na local law or, for a school district, a resolution providing that the\nprovisions of paragraph (a) of this subdivision shall not apply to\nconverted condominium units within that municipal corporation. A\nconverted condominium unit for purposes of this paragraph shall mean a\ndwelling unit held in condominium form of ownership that has previously\nbeen on an assessment roll as a dwelling unit in other than condominium\nform of ownership, and has not been previously subject to the provisions\nof paragraph (a) of this subdivision.\n  (d) The provisions of paragraph (a) of this subdivision shall not\napply to real property owned or leased by a cooperative corporation or\non a condominium basis in the Town of Greenburgh, in Westchester County,\nwhich has adopted, prior to the taxable status date of the assessment\nroll upon which its taxes will be levied, a local law providing that the\nprovisions of paragraph (a) of this subdivision shall not apply to such\nreal property within such town; provided, however, the provisions of\nthis paragraph shall not apply to real property owned or leased by a\ncooperative corporation or on a condominium basis that had been\npreviously subject to the provisions of paragraph (a) of this\nsubdivision prior to January first, two thousand twenty-three; provided\nfurther, however, the provisions of this paragraph shall not apply to\nreal property owned or leased by a cooperative corporation or on a\ncondominium basis that is participating in an affordable housing tax\ncredit program or has a regulatory agreement with a federal, state, or\nlocal agency related to affordable housing requirements.\n  2. Real property owned or leased by a cooperative corporation or on a\ncondominium basis which is located in an approved assessing unit, or\nwhich is not located in an approved assessing unit but which is located\nin an eligible split school district which has adopted the provisions of\nsection nineteen hundred three-a of this chapter, and is not subject to\nthe provisions of paragraph (a) of subdivision one of this section,\nshall be assessed pursuant to the provisions of this subdivision.\n  (a) The assessor of an assessing unit in which such real property is\nlocated shall compute an assessment which would be placed on such parcel\nwere the parcel not owned or leased by a cooperative corporation or on a\ncondominium basis, which value shall be known as the restricted assessed\nvaluation.\n  (b) The assessor of such assessing unit in which such real property is\nlocated shall compute an assessment which would be placed on such parcel\nwithout regard to the restrictions found in paragraph (a) of this\nsubdivision or section three hundred thirty-nine-y of the real property\nlaw, which value shall be known as the assessed valuation.\n  (c) The assessor of such assessing unit shall enter the assessed\nvaluation on the assessment roll of such assessing unit and the\nrestricted assessed valuation in a separate column of the assessment\nroll of such assessing unit.\n  (d) A municipal corporation which levies taxes pursuant to article\nnineteen of this chapter shall levy such taxes against the assessed\nvaluation of such parcels for taxes imposed by or on behalf of such\nmunicipal corporation.\n  (e) A municipal corporation which does not levy taxes pursuant to\narticle nineteen of this chapter shall levy such taxes against the\nrestricted assessed valuation of such parcels for taxes levied by or on\nbehalf of such municipal corporation.\n  3. Notwithstanding any other provision of law, real property occupied\nfor residential purposes on a rental basis (as distinct from a\ncooperative or condominium basis) shall be assessed without regard to\nthe value the property might have if converted to a cooperative or\ncondominium basis or if sold or owned for the purpose of such a\nconversion.\n  4. For the purposes of this section, the term "cooperative\ncorporation" shall include any corporation organized under any special\nor general law of this state, including, but not limited to, the\nbusiness corporation law, the cooperative corporations law, the\nnot-for-profit corporation law, and the private housing finance law, or\nthe predecessor statutes thereof, primarily for providing housing\naccommodations to its stockholders or members and which is, or is to be,\noperated for the benefit of the persons or families who are entitled to\noccupancy by reason of ownership of stock or membership in the\ncorporation.\n