N.Y. PBH Law § 2146 — New York Code / Act PBH / Article 21 / Title 4 / Section 2146
City of New York; exceptions
Status: in_force

§ 2146. City of New York; exceptions. The provisions of sections two\nthousand one hundred forty through two thousand one hundred forty-five\nof this title, inclusive, shall not apply to the city of New York.\n
N.Y. PBA Law § 2879 — New York Code / Act PBA / Article 9 / Title 4 / Section 2879
Procurement contracts
Status: in_force

§ 2879. Procurement contracts. 1. Every public authority and public\nbenefit corporation, a majority of the members of which consist of\npersons either appointed by the governor or who serve as members by\nvirtue of holding a civil office of the state, or a combination thereof,\n(such entities to be hereinafter in this section referred to as\n"corporation") shall adopt by resolution comprehensive guidelines which\ndetail the corporation's operative policy and instructions regarding the\nuse, awarding, monitoring and reporting of procurement contracts.\nGuidelines approved by the corporation shall be annually reviewed and\napproved by the corporation.\n  2. For purposes of this section, procurement contracts shall mean any\nwritten agreement for the acquisition of goods or services of any kind,\nin the actual or estimated amount of five thousand dollars or more.\n  3. The guidelines approved by the corporation shall include, but not\nbe limited to the following:\n  (a) A description of the types of goods purchased, and for procurement\ncontracts for services, a description of those areas of responsibility\nand oversight requiring the use of personal services and the reasons for\nthe use of personal services in such areas.\n  (b) Requirements regarding the selection of contractors, which shall\ninclude provisions:\n  (i) for the selection of such contractors on a competitive basis, and\nprovisions relating to the circumstances under which the board may by\nresolution waive competition, including, notwithstanding any other\nprovision of law requiring competition, the purchase of goods or\nservices from: (A) small business concerns, or sellers of goods or\ntechnology that are recycled or remanufactured, or, for corporations not\ndefined as a state authority in section three hundred ten of the\nexecutive law, those certified as minority or women-owned business\nenterprises in an amount not to exceed five hundred thousand dollars\nwithout a formal competitive process, and (B) for corporations defined\nas a state authority in section three hundred ten of the executive law\nthose certified as minority or women-owned business enterprises and\nservice-disabled veteran-owned business enterprises for any state\nauthority as defined in section forty of the veterans' services law, in\nan amount not to exceed one million five hundred thousand dollars\nwithout a formal competitive process;\n  (ii) describing when the award of procurement contracts shall require\napproval of the board by resolution, provided that any contract\ninvolving services to be rendered over a period in excess of one year\nshall require the approval of the board by resolution and an annual\nreview of the contract by the board;\n  (iii) setting forth responsibilities of contractors;\n  (iv) as used in this subparagraph, the term "professional firm" shall\nbe defined as any individual or sole proprietorship, partnership,\ncorporation, association, or other legal entity permitted by law to\npractice the professions of architecture, engineering or surveying.\n  The corporation shall not refuse to negotiate with a professional firm\nsolely because the ratio of the "allowable indirect costs" to direct\nlabor costs of the professional firm or the hourly labor rate in any\nlabor category of the professional firm exceeds a limitation generally\nset by the corporation in the determination of the reasonableness of the\nestimated cost of services to be rendered by the professional firm, but\nrather the corporation should also consider the reasonableness of cost\nbased on the total estimated cost of the service of the professional\nfirm which should include, among other things, all the direct labor\ncosts of the professional firm for such services plus all "allowable\nindirect costs," other direct costs, and negotiated profit of the\nprofessional firm. "Allowable indirect costs" of a professional firm are\ndefined as those costs generally associated with overhead which cannot\nbe specifically identified with a single project or contract and are\nconsidered reasonable and allowable under specific state contract or\nallowability limits.\n  (c) An identification of those areas or types of contracts for which\nminority or women-owned business enterprises may best bid so as to\npromote and assist participation by such enterprises and facilitate a\nfair share of the awarding of contracts to such enterprises. For the\npurposes of this section, a minority business enterprise means any\nbusiness enterprise, including a sole proprietorship, partnership or\ncorporation that is:\n  (i) at least fifty-one percent owned by one or more minority group\nmembers or in the case of a publicly-owned business at least fifty-one\npercent of the common stock or other voting interests of which is owned\nby one or more minority group members;\n  (ii) an enterprise in which the minority ownership is real,\nsubstantial and continuing;\n  (iii) an enterprise in which the minority ownership has and exercises\nthe authority to control independently the day-to-day business decisions\nof the enterprise; and\n  (iv) an enterprise authorized to do business in New York state,\nindependently owned and operated, and not dominant in its field.\n  (d) For the purposes of this section, a minority group member means a\nUnited States citizen or permanent resident noncitizen who is and can\ndemonstrate membership in one of the following groups:\n  (i) Black persons having origins in any of the Black African racial\ngroups not of Hispanic origin;\n  (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,\nCentral or South American of either Indian or Hispanic origin,\nregardless of race;\n  (iii) Asian and Pacific Islander persons having origins in any of the\nFar East, Southeast Asia, the Indian sub-continent or the Pacific\nIslands; or\n  (iv) Native American persons having origins in any of the original\npeoples of North America.\n  (e) For the purposes of this section, a women-owned business\nenterprise means a business enterprise, including a sole proprietorship,\npartnership or corporation which is:\n  (i) at least fifty-one percent owned by one or more United States\ncitizens or permanent resident noncitizens who are women or in the case\nof a publicly-owned business at least fifty-one percent of the common\nstock or other voting interests of which is owned by United States\ncitizens or permanent resident noncitizens who are women;\n  (ii) an enterprise in which the ownership interest of women is real,\nsubstantial and continuing;\n  (iii) an enterprise in which the women ownership has and exercises the\nauthority to control independently the day-to-day business decisions of\nthe enterprise; and\n  (iv) an enterprise authorized to do business in New York state,\nindependently owned and operated, and not dominant in its field.\n  (f) Requirements for the designation of one or more senior staff of\nthe corporation to oversee the corporation's programs established to\npromote and assist: (i) participation by certified minority or\nwomen-owned business enterprises in the corporation's procurement\nopportunities and facilitation of the award of procurement contracts to\nsuch enterprises; (ii) the utilization of certified minority and\nwomen-owned business enterprises as subcontractors and suppliers by\nentities having procurement contracts with the corporation; and (iii)\nthe utilization of partnerships, joint ventures or other similar\narrangements between certified minority and women-owned business\nenterprises and other entities having procurement contracts with the\ncorporation. Such staff shall be familiar with the procurement of the\ntypes of construction, financial, legal or professional services\nutilized by the corporation, report directly to the corporation's\nexecutive director, president or chief executive officer and either\ndirectly or through their designees participate in the procurement\nprocess.\n  (g) Requirements for providing notice, in addition to any other notice\nof procurement opportunities required by law, to professional and other\norganizations that serve minority and women-owned business enterprises\nproviding the types of services procured by the corporation.\n  (h) Procedures for maintaining lists of qualified certified minority\nand women-owned business enterprises, including professional firms that\nhave expressed an interest in doing business with the corporation and\nensuring that such lists are updated regularly. The corporation shall\nalso consult the lists of certified minority and women-owned business\nenterprises maintained by the department of economic development\npursuant to article fifteen-A of the executive law.\n  (i) The establishment of appropriate goals for participation by\nminority or women-owned business enterprises in procurement contracts\nawarded by the corporation and for the utilization of minority and\nwomen-owned enterprises as subcontractors and suppliers by entities\nhaving procurement contracts with the corporation. Statewide numerical\nparticipation target goals shall be established by each authority based\non the findings of the two thousand ten disparity study.\n  (j) Requirements to conduct procurements in a manner that will enable\nthe corporation to achieve the maximum feasible portion of the goals\nestablished pursuant to paragraph (i) of this subdivision and that\neliminates barriers to participation by minority and women-owned\nbusiness enterprises in the corporation's procurements. Such procurement\nrequirements shall include the following:\n  (A) Measures and procedures to ensure that certified businesses shall\nbe given the opportunity for maximum feasible participation in the\nperformance of state contracts and to assist in the corporation's\nidentification of those state contracts for which certified businesses\nmay best bid to actively and affirmatively promote and assist their\nparticipation in the performance of state contracts so as to facilitate\nthe corporation's achievement of the maximum feasible portion of the\ngoals for state contracts to such businesses;\n  (B) Provisions designating the division of minority and women-owned\nbusiness development to certify and decertify minority and women-owned\nbusiness enterprises for all corporations through a single process that\nmeets applicable state and federal requirements;\n  (C) A requirement that each contract solicitation document\naccompanying each solicitation set forth the expected degree of minority\nand women-owned business enterprise participation based, in part, on:\n  I. the potential subcontract opportunities available in the prime\nprocurement contract; and\n  II. the availability of certified minority and women-owned business\nenterprises to respond competitively to the potential subcontract\nopportunities;\n  (D) A requirement that each corporation provide a current list of\ncertified minority business enterprises to each prospective contractor;\n  (E) Provisions relating to joint ventures, under which a bidder may\ncount toward meeting its minority business enterprise participation\ngoal, the minority and women-owned business enterprise portion of the\njoint venture;\n  (F) Provisions under which the corporation may waive obligations of\nthe contractor relating to minority and women-owned business enterprise\nparticipation after a showing of good faith efforts to comply with the\nrequirements of this act pursuant to the waiver provisions contained in\nsubdivision six of section three hundred thirteen of the executive law;\n  (G) A requirement that the corporation verify that minority and\nwomen-owned business enterprises listed in a successful bid are actually\nparticipating to the extent listed in the project for which the bid was\nsubmitted;\n  (H) In the implementation of this section, the contracting corporation\nshall:\n  I. consider, where practicable, the severability of construction\nprojects and other bundled contracts;\n  II. implement a program that will enable the corporation to evaluate\neach contract to determine the appropriateness of the goal pursuant to\nparagraph (i) of this subdivision;\n  III. consider compliance with the requirements of any federal law\nconcerning opportunities for minority and women-owned business\nenterprises which effectuates the purpose of this section; and\n  IV. consult the most recent disparity study pursuant to article\nfifteen-A of the executive law.\n  (k) A listing of the types of provisions to be contained in\nprocurement contracts, including provisions concerning the nature and\nmonitoring of the work to be performed, the use of corporate supplies\nand facilities, the use of corporate personnel and any other provisions.\n  (l) Provisions regarding procurement contracts which involve former\nofficers or employees of the corporation.\n  (m) Procedures regarding procurement contracts which are exempt from\nthe publication requirements of article four-C of the economic\ndevelopment law.\n  (n) Policies to promote the participation by New York state business\nenterprises and New York state residents in procurement contracts,\nincluding, but not limited to:\n  (i) providing for the corporation to collect and to consult the\nspecifications of New York state business enterprises in developing\nspecifications for any procurement contract for the purchase of goods\nwhere possible, practicable, feasible and consistent with open bidding,\nexcept for procurement contracts for which the corporation would be\nexpending funds received from another state. The corporation shall,\nwhere feasible, make use of the stock item specification forms prepared\nby the commissioner of general services, and where necessary, consult\nwith the commissioner of the office of general services, in developing\nsuch specifications and make such determinations; and\n  (ii) with the cooperation of the department of economic development\nand through cooperative efforts with contractors, providing for the\nnotification of New York state business enterprises of opportunities to\nparticipate as subcontractors and suppliers on procurement contracts let\nby the corporation in an amount estimated to be equal to or greater than\none million dollars and promulgating procedures which will assure\ncompliance by contractors with such notification. Once awarded the\ncontract such contractors shall document their efforts to encourage the\nparticipation of New York state business enterprises as suppliers and\nsubcontractors on procurement contracts equal to or greater than one\nmillion dollars. Documented efforts by a successful contractor shall\nconsist of and be limited to showing that such contractor has (a)\nsolicited bids, in a timely and adequate manner, from New York state\nbusiness enterprises including certified minority and women-owned\nbusiness, or (b) contacted the New York state department of economic\ndevelopment to obtain listings of New York state business enterprises,\nor (c) placed notices for subcontractors and suppliers in newspapers,\njournals and other trade publications distributed in New York state, or\n(d) participated in bidder outreach conferences. If the contractor\ndetermines that New York state business enterprises are not available to\nparticipate on the contract as subcontractors or suppliers, the\ncontractor shall provide a statement indicating the method by which such\ndetermination was made. If the contractor does not intend to use\nsubcontractors on the contract, the contractor shall provide a statement\nverifying such intent; and\n  (iii) except for procurement contracts for which the corporation would\nbe expending funds received from another state, the corporation shall\ninclude in all bid documents provided to potential bidders a statement\nthat information concerning the availability of New York state\nsubcontractors and suppliers is available from the New York state\ndepartment of economic development, which shall include the directory of\ncertified minority and women-owned businesses, and it is the policy of\nNew York state to encourage the use of New York state subcontractors and\nsuppliers, and to promote the participation of minority and women-owned\nbusinesses where possible, in the procurement of goods and services; and\n  (iv) with the cooperation of the community services division of the\ndepartment of labor and through cooperative efforts with contractors,\nproviding for the notification of New York state residents of employment\nopportunities arising in New York state out of procurement contracts let\nby the corporation in an amount estimated to be equal to or greater than\none million dollars; and promulgating procedures which will assure\ncompliance by contractors with such notification by requiring\ncontractors to submit post-award compliance reports documenting their\nefforts to provide such notification through listing any such positions\nwith the community services division, or providing for such notification\nin such manner as is consistent with existing collective bargaining\ncontracts or agreements; and\n  (v) including in each set of documents soliciting bids on procurement\ncontracts to let by the corporation a statement notifying potential\nbidders located in foreign countries that the corporation may assign or\notherwise transfer offset credits created by such procurement contract\nto third parties located in New York state; providing for the assignment\nor other form of transfer of offset credits created by such procurement\ncontracts, directly or indirectly, to third parties located in New York\nstate, in accordance with the written directions of the commissioner of\neconomic development; and providing for the corporation to otherwise\ncooperate with the department of economic development in efforts to get\nforeign countries to recognize offset credits assigned or transferred to\nthird parties located in New York state created by such procurement\ncontracts; and\n  (vi) promulgating procedures which will assure compliance with the\nfederal equal employment opportunity act of 1972 (P.L. 92-261), as\namended, by contractors of the corporation.\n  (o) For the purposes of this section, a "New York state business\nenterprise" means a business enterprise, including a sole\nproprietorship, partnership, or corporation, which offers for sale or\nlease or other form of exchange, goods which are sought by the\ncorporation and which are substantially manufactured, produced or\nassembled in New York state, or services which are sought by the\ncorporation and which are substantially performed within New York state.\n  (p) For the purposes of this section, a "New York resident" means a\nnatural person who maintains a fixed, permanent and principal home\nlocated within New York state and to which such person, whenever\ntemporarily located, always intends to return.\n  4. Each corporation shall have the power from time to time to amend\nsuch procurement contract guidelines in accordance with the provisions\nof this section.\n  5. (a) Each corporation shall notify the commissioner of economic\ndevelopment of the award of a procurement contract for the purchase of\ngoods or services from a foreign business enterprise in an amount equal\nto or greater than one million dollars simultaneously with notifying the\nsuccessful bidder therefor. No corporation shall thereafter enter into a\nprocurement contract for said goods or services until at least fifteen\ndays has elapsed, except for procurement contracts awarded on an\nemergency or critical basis, or where the commissioner of economic\ndevelopment waives the provisions of this sentence. The notification to\nthe commissioner of economic development shall include the name, address\nand telephone and facsimile number of the foreign business enterprise, a\nbrief description of the goods or services to be obtained pursuant to\nthe proposed procurement contract, the amount of the proposed\nprocurement contract, the term of the proposed procurement contract, and\nthe name of the individual at the foreign business enterprise or acting\non behalf of the same who is principally responsible for the proposed\nprocurement contract. Such notification shall be used by the\ncommissioner of economic development solely to provide notification to\nNew York state business enterprises of opportunities to participate as\nsubcontractors and suppliers on such procurement contracts, to promote\nand encourage the location and development of new business in the state,\nto assist New York state business enterprises in obtaining offset\ncredits from foreign countries, and to otherwise investigate, study and\nundertake means of promoting and encouraging the prosperous development\nand protection of the legitimate interest and welfare of New York state\nbusiness enterprises, industry and commerce.\n  (b) As used in this section, the following terms shall have the\nfollowing meanings, unless a different meaning appears from the context:\n  (i) "Foreign business enterprise" shall mean a business enterprise,\nincluding a sole proprietorship, partnership or corporation, which\noffers for sale, lease or other form of exchange, goods which are sought\nby the corporation and which are substantially produced outside New York\nstate, or services, other than construction services, sought by the\ncorporation which are substantially performed outside New York state.\nFor purposes of construction services, foreign business enterprise shall\nmean a business enterprise, including a sole proprietorship, partnership\nor corporation, which has its principal place of business outside New\nYork state.\n  (ii) "New York state business enterprise" shall mean a business\nenterprise, including a sole proprietorship, partnership or corporation,\nwhich offers for sale or lease or other form of exchange, goods which\nare sought by the corporation and which are substantially manufactured,\nproduced or assembled in New York state, or services, other than\nconstruction services, which are sought by the corporation and which are\nsubstantially performed within New York state. For purposes of\nconstruction services, a New York state business enterprise shall mean a\nbusiness enterprise, including a sole proprietorship, partnership, or\ncorporation, which has its principal place of business in New York\nstate.\n  (iii) "Discriminatory jurisdiction" shall mean any other country,\nnation, province, state or political subdivision thereof which employs a\npreference or price distorting mechanism to the detriment of or\notherwise discriminates against a New York state business enterprise in\nthe procurement of goods and services by the same or a non-governmental\nentity influenced by the same. Such discrimination may include, but is\nnot limited to, any law, regulation, procedure or practice, terms or\nlicense, authorization, or funding or bidding rights which requires or\nencourages any agency or instrumentality of the state or political\nsubdivision thereof or non-governmental entity influenced by the same to\ndiscriminate against a New York state business enterprise.\n  (c) In including any additional business enterprises on invitations to\nbid for the procurement of goods or services, the chief executive\nofficer of the corporation shall not include any foreign business\nenterprise which has its principal place of business located in a\ndiscriminatory jurisdiction contained on the list prepared by the\ncommissioner of economic development pursuant to subdivision six of\nsection one hundred sixty-five of the state finance law, except,\nhowever, business enterprises which are New York state business\nenterprises as defined by this section. The corporation may waive the\napplication of the provisions of this section whenever the chief\nexecutive officer of the corporation determines in writing that it is in\nthe best interests of the state to do so. The chief executive officer of\nthe corporation shall deliver each such waiver to the commissioner of\neconomic development.\n  (d) A corporation shall not enter into a contract with a foreign\nbusiness enterprise which has its principal place of business located in\na discriminatory jurisdiction contained on the list prepared by the\ncommissioner of economic development pursuant to subdivision six of\nsection one hundred sixty-five of the state finance law. The provisions\nof this section may be waived by the chief executive officer of the\ncorporation if the chief executive officer of the corporation determines\nin writing that it is in the best interests of the state to do so. The\nchief executive officer of the corporation shall deliver each such\nwaiver to the commissioner of economic development.\n  6. Each corporation, as part of the guidelines established pursuant to\nsubdivision three of this section, shall establish policies regarding\nthe preparation of publicly available reports on procurement contracts\nentered into by such corporation. Such policies shall provide, at the\nminimum, for the preparation of a report no less frequently than\nannually, summarizing procurement activity by such corporation for the\nperiod of the report, including a listing of all procurement contracts\nentered into, all contracts entered into with New York state business\nenterprises and the subject matter and value thereof, all contracts\nentered into with certified minority or women-owned business enterprises\nand the subject matter and value thereof, all referrals made and all\npenalties imposed pursuant to section three hundred sixteen of the\nexecutive law, all contracts entered into with foreign business\nenterprises, and the subject matter and value thereof, the selection\nprocess used to select such contractors, all procurement contracts which\nwere exempt from the publication requirements of article four-C of the\neconomic development law, the basis for any such exemption and the\nstatus of existing procurement contracts.\n  7. Each corporation shall annually prepare and approve a report on\nprocurement contracts which shall include the guidelines, as specified\nin subdivision three of this section, an explanation of the guidelines\nand any amendments thereto since the last annual report.  Such report on\nprocurement contracts may be a part of any other annual report that the\ncorporation is required to make.\n  8. (a) Each corporation shall annually submit its report on\nprocurement contracts to the division of the budget and copies thereof\nto the department of audit and control, the department of economic\ndevelopment, the senate finance committee and the assembly ways and\nmeans committee.  Such report shall include the total number and total\ndollar value of contracts awarded to certified minority and women-owned\nbusiness enterprises pursuant to subparagraph (i) of paragraph (b) of\nsubdivision three of this section, shall distinguish by contract type\nawards made pursuant to the authority provided under subparagraph (i) of\nparagraph (b) of subdivision three of this section, and shall\nadditionally specify by contract type awarded pursuant to clause (B) of\nsubparagraph (i) of paragraph (b) of subdivision three of this section\nand specify the total number, total dollar value and the percentage of\nthe total dollar value of contracts awarded to minority and women-owned\nbusiness entities and service disabled and veteran-owned business\nentities for the reporting period, as compared to the prior reporting\nyear. Further, such report shall specify the total number, total dollar\nvalue and percentage of contracts that exceed five hundred thousand\ndollars awarded to minority and women owned business enterprises and\nservice-disabled veteran-owned businesses for the reporting period as\ncompared to the prior reporting period.\n  (b) Each corporation shall make available to the public copies of its\nreport on procurement contracts upon reasonable request therefor.\n  9. Nothing contained in this section shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this section.\n
N.Y. ELN Law § 8-402 — New York Code / Act ELN / Article 8 / Title 4 / Section 8-402
Absentee voting; review of application by board of elections
Status: in_force

§ 8-402. Absentee voting; review of application by board of elections.\n1. Upon receipt of an application for an absentee ballot the board of\nelections shall forthwith determine upon such inquiry as it deems proper\nwhether the applicant is qualified to vote and to receive an absentee\nballot, and if it finds the applicant is not so qualified it shall\nreject the application after investigation as hereinafter provided.\n  2. The county board of elections, whenever it is not satisfied from an\nexamination of an application for an absentee ballot that the applicant\nis entitled to such a ballot, may order an investigation through any\nofficer or employee of the state or county board of elections, police\nofficer, sheriff or deputy sheriff, or a special investigator appointed\nby the state board of elections pursuant to the provisions of this\nchapter and, if it deems necessary, may exercise the powers to issue\nsubpoenas and administer oaths which are conferred upon it by this\nchapter.\n  3. An affidavit or a signed statement executed by any person\nauthorized to conduct an investigation pursuant to this section which\nindicates that the applicant for an absentee ballot meets or fails to\nmeet any of the requirements entitling the applicant to same shall be\nsufficient authority for a determination by the board as to the\napplicant's right to an absentee voter's ballot, but shall not preclude\nthe board from making such other determination as it shall deem proper.\nSuch affidavit or statement shall contain sufficient information to\npermit verification of the information contained in the statement and\nidentification of the source.\n  4. Any investigation shall be concluded and determination made as to\nall applicants not later than the day before the election for which a\nballot is first requested, or if such ballot is to be sent by mail, such\ndetermination shall be made at a time which will afford sufficient time\nfor the transmission of the ballot to the voter, one secular day for the\nvoter to mark such ballot and execute the statement of absentee voter,\nand time for the return of such ballot to the board of elections by the\ndeadline for its receipt. If the board can not complete its\ninvestigation within the time provided for herein, it shall, if it finds\nthe voter to be duly registered, deliver to such applicant an absentee\nballot.\n  5. If the board shall determine that the applicant is not entitled to\nan absentee ballot it shall immediately notify the applicant, giving him\nthe reason for such rejection.\n  6. In the case of a primary election, the board shall deliver only the\nballot of the party in which the records of the board of elections show\nthe applicant to be enrolled. In the event a primary election is\nuncontested in the applicant's election district for all offices or\npositions except the party position of member of the ward, town, city or\ncounty committee, no ballot shall be delivered to such applicant for\nsuch election; and the applicant shall be advised why he is not being\nsent a ballot.\n  7. The board shall keep a record of applications for absentee ballots\nas they are received, showing the names and residences of the\napplicants, and their party enrollment in the case of primary elections,\nand, as soon as practicable shall, when requested, give to the chairman\nof each political party or independent body in the county, and shall\nmake available for inspection to any other qualified voter upon request,\na complete list of all applicants to whom absentee voters' ballots have\nbeen delivered or mailed, containing their names and places of residence\nas they appear on the registration record, including the election\ndistrict and ward, if any, and in the city of New York and the county of\nNassau, the assembly district, and their party enrollment in the case of\nprimary elections.\n
N.Y. PBA Law § 3054 — New York Code / Act PBA / Article 10 / Title 4 / Section 3054
Administration of the corporation
Status: in_force

§ 3054. Administration of the corporation. The corporation shall be\nadministered by a board of directors, consisting of seven directors,\nnone of whom shall be officers or employees of the federal government or\nof the state or political subdivisions thereof. Five of the directors\nshall be appointed by the governor. One of the directors shall be\nappointed by the majority leader of the senate and one of the directors\nshall be appointed by the speaker of the assembly. Each of the members\nof the board of directors shall serve at the pleasure of the appointed\nofficial. Directors of the corporation may also be members of the\nsupervisory board created for the city of Troy pursuant to section ten\nof chapter seven hundred twenty-one of the laws of nineteen hundred\nninety-four, as amended from time to time. The corporation shall have\nthe power to make and execute contracts to pay the expenses of operation\nof the supervisory board for the city of Troy, within the appropriation\navailable therefor.\n
N.Y. LAB Law § 552-B — New York Code / Act LAB / Article 18 / Title 4 / Section 552-B
Unemployment insurance control fund
Status: in_force

§ 552-b. Unemployment insurance control fund. 1. There is hereby\nestablished in the joint custody of the commissioner of taxation and\nfinance and the state comptroller a fund to be known as the\n"unemployment insurance control fund".\n  2. The unemployment insurance control fund shall consist of all\npenalties imposed and collected pursuant to paragraph (b) of subdivision\ntwo of section five hundred eighty-one of this article, the department's\nshare of all penalties imposed and collected pursuant to paragraph one\nof subsection (v) of section six hundred eighty-five of the tax law, and\nall other moneys credited or transferred thereto from any other fund or\nsources pursuant to law.\n  3. Moneys in the unemployment insurance control fund shall be kept\nseparate from and shall not be commingled with any other moneys in the\ncustody of the commissioner of taxation and finance and the state\ncomptroller. All deposits of such moneys shall, if required by the state\ncomptroller, be secured by obligations of the United States or of this\nstate of market value equal at all times to the amount of the deposit\nand all banks and trust companies are authorized to give such securities\nfor such deposits.\n  4. Moneys of the unemployment insurance control fund shall be used for\nthe location and prevention of fraud and abuse, collection and\nenforcement activities, benefit payment control activities and other\nquality control activities related to the unemployment insurance\nprogram. The moneys shall be paid out of the unemployment insurance\ncontrol fund on the audit and warrant of the state comptroller on\nvouchers certified or approved by the commissioner or his or her duly\ndesignated officer. Any balance in such fund shall not lapse at any time\nbut shall remain continuously available for such purposes.\n  5. The unemployment insurance control fund shall not be used in whole\nor in part for any purpose or in any manner which (a) would permit its\nsubstitution for, or a corresponding reduction in, federal funds that\nwould be available in its absence to finance expenditures for the\nadministration of this article; or (b) would cause the appropriate\nagency of the United States government to withhold any part of an\nadministrative grant which would otherwise be made.\n
N.Y. VAT Law § 420 — New York Code / Act VAT / Title 4 / Article 17 / Section 420
Transfer of registration
Status: in_force

§ 420. Transfer of registration. 1. Upon the transfer of ownership or\nthe destruction of a motor vehicle, motorcycle or trailer, its\nregistration shall expire; and the seller, or the owner in case of\ndestruction, shall remove the number plates from the vehicle.\n  2. Such seller or owner may, however, register another vehicle and use\nsaid number plates thereon, if appropriate, upon making application for\nsuch registration, paying a transfer fee of ten dollars, and paying the\nproportional excess, if any, of the annual fee for registering the\nsecond vehicle over the annual fee for registering the first vehicle for\neach day or fraction thereof constituting the unexpired registration\nperiod. If the number plates of the first vehicle are not appropriate\nfor the second vehicle, the commissioner or his or her agent shall, upon\nthe surrender of such number plates, furnish appropriate number plates.\n  3. Provided, however, that upon the death of an owner of a registered\nmotor vehicle, motorcycle or trailer, its registration shall, unless the\nvehicle is destroyed, be deemed to continue in force as a valid\nregistration until the end of the year or until the ownership of such\nvehicle is transferred by the executor or administrator of the estate of\nsuch owner or by the distributees of his personal property, whichever\noccurs first. If the ownership of such vehicle is transferred as exempt\nproperty under section 5-3.1 of the estates, powers and trusts law to\nthe surviving spouse of the owner, the fee for the initial registration\nissued to such surviving spouse shall be the fee for such registration\nreduced by the amount of the fee remaining for the unexpired term of the\nregistration issued to the deceased.\n  4. Provided, further, that upon the permanent removal of a vehicle\nfrom the state, the owner may remove the number plates and be entitled\nto the same privileges as though the vehicle had been sold or destroyed.\n  5. Provided, further, that a holder of manufacturers' and dealers'\nregistration having a motor vehicle, motorcycle or trailer registered in\nhis or its name under the provisions of this chapter may, if such\nvehicle is placed in stock for sale, also remove the number plates and\nbe entitled to the same privileges as though the vehicle had been sold\nor destroyed.\n  6. Provided, further, that the registration of a vehicle registered in\nthe names of two or more persons, as partners or otherwise, shall not\nexpire upon a change in ownership of the vehicle so long as any of the\npersons named in such registration as owners of the vehicle is the owner\nor part owner of the vehicle. However, when any change in the ownership\nof such a vehicle occurs and the registration does not expire, the owner\nor owners after such change shall forthwith file with the commissioner a\nstatement of the ownership of such vehicle in such form as the\ncommissioner shall require, together with a fee of ten dollars, and the\ncommissioner shall issue a new certificate of registration.\n  7. Where a dealer having registration under the provisions of section\nfour hundred fifteen of this chapter sells or trades a vehicle to a\nperson who has another vehicle duly registered under this chapter, or\nwho had another vehicle previously so registered, and the registration\nof such vehicle is eligible for transfer to the purchased vehicle under\nthe provisions of this section and the number plates of the first\nvehicle are appropriate, such dealer may issue on any date on which the\nregistration of a motor vehicle may be used a temporary certificate of\nregistration of the second vehicle under which such vehicle may be\noperated as a duly registered vehicle for a period of thirty days from\nthe date of issuance, other provisions of this chapter notwithstanding.\nSuch temporary certificate of registration may be extended by the\ncommissioner for an additional thirty days, except that in no event\nshall any such temporary certificate of registration be valid after the\nexpiration date of the registration for the first vehicle. Such\ncertificate shall be issued upon a form furnished by the commissioner\nand shall be executed in such manner as he shall prescribe.\n  8. The owner of a registered motor vehicle, motorcycle or trailer may\ntransfer the registration and, if appropriate, the number plates thereof\nto another vehicle owned by him or her upon making application for such\ntransfer, paying a transfer fee of ten dollars, and paying the\nproportionate excess, if any, of the annual fee for registering the\nsecond vehicle over the annual fee for registering the first vehicle for\neach day or fraction thereof constituting the unexpired registration\nperiod, provided, however, that the registration and number plates for\nthe second vehicle, if such vehicle is registered in this state, are\neither surrendered to the commissioner or transferred to another vehicle\nas provided herein. If the number plates of the first vehicle are not\nappropriate for the second vehicle, the commissioner or his or her agent\nshall, upon the surrender of such number plates, furnish appropriate\nnumber plates. Whenever a total fee for reregistration prescribed in\nthis section shall amount to a fee other than a whole dollar amount, the\nfee required to be paid shall be rounded to the nearest twenty-five\ncents.\n
N.Y. EDN Law § 3220 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3220
Certificate of physical fitness
Status: in_force

* § 3220. Certificate of physical fitness. 1. A certificate of\nphysical fitness shall be issued to a minor if a thorough physical\nexamination made within twelve months of his or her application for an\nemployment certificate shows that such minor is of sound health, and if\nthere are no known health problems at the time of issuance of the\ncertificate, and if the applicant is physically qualified for lawful\nemployment. If a known health problem exists at the time of the\napplication for such certificate, another examination may be required by\nthe issuing authority. Such certificate shall be issued and such\nphysical examination shall be made, in a city of over three hundred\nthousand population, by a physician designated by the board of health,\nand elsewhere by the director of school health services charged with the\nduty of making physical examinations of all school children or by any\nphysician duly licensed to practice medicine in this state. A new\ncertificate of physical fitness shall not be required if one had been\nissued to the minor within twelve months.\n  2. If the physician authorized to issue certificates of physical\nfitness shall find that a minor from fourteen to eighteen years of age\nis not physically sound but that in the physician's opinion the minor\nmay safely engage in certain occupations as specified by the regulations\nof the commissioner of education, the physician shall require a pledge\nof employment and may issue to the minor a certificate of limited\nphysical fitness, and shall describe therein the physical disability of\nthe minor and shall indicate the particular employer and the occupation\nin which the minor may engage. A limited employment certificate issued\nto a minor from fourteen to eighteen years of age who has presented a\ncertificate of limited physical fitness shall be valid for not more than\nsix months from the date of its issuance and shall bear on the face of\nthe certificate the date of its expiration and the particular employer\nand occupation to which the employment of the minor is limited;\nprovided, however, that the examining physician may indicate upon the\ncertificate of limited physical fitness that the physical disability of\nthe minor is of a permanent nature, in which case such certificate shall\nnot expire at the end of six months but shall remain valid for so long\nas the nature and type of work set forth in the pledge of employment\nremain substantially the same.\n  3. A record made of the physical examination shall show whether a\ncertificate of physical fitness has been issued or withheld. Such record\nshall be sent to the certificating official.\n  4. A certificate of physical fitness issued in another state to a\nminor seeking employment in this state may be accepted in lieu of the\ncertificate of physical fitness required by subdivision one of this\nsection, provided the standards for issuing such certificates in the\nother state are deemed substantially equivalent to those of this state\nin accordance with regulations adopted by the commissioner of education.\n  * NB Repealed May 9, 2027\n
N.Y. PBA Law § 3248 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3248
Assistance to the corporation
Status: in_force

§ 3248. Assistance to the corporation. With the consent of the\ngovernor, comptroller or attorney general as the case may be, the\ncorporation may use agents, employees and facilities of the state paying\nto the affected agency its agreed proportion of the compensation or\ncosts.\n
N.Y. VAT Law § 423-A — New York Code / Act VAT / Title 4 / Article 17 / Section 423-A
Enforcement procedures for insuring the retention of vehicle identification numbers on vehicles
Status: in_force

§ 423-a. Enforcement procedures for insuring the retention of vehicle\nidentification numbers on vehicles. 1. Seizure of vehicle. (a) Members\nof the state police, any local police department or any peace officer\nacting pursuant to his special duties shall seize and confiscate a motor\nvehicle or trailer if any original identification number or special\nidentification number is destroyed, removed, altered, defaced or so\ncovered as to be effectually concealed.\n  (b) The commissioner shall establish standards for determining whether\nan identification number on a motor vehicle, trailer or part thereof is\ndestroyed, removed, altered, defaced or so covered as to be effectually\nconcealed. Whenever a vehicle described in paragraph (a) of this\nsubdivision is seized or confiscated, members of the state police, local\npolice department or peace officers acting pursuant to their special\nduties, if warranted, shall arrest the supposed owner or custodian\nthereof, and cause prosecution to be brought in a court of competent\njurisdiction. It shall be the duty of the appropriate agency or the\ndepartment of motor vehicles to retain the custody of each motor\nvehicle, trailer or part seized pending the prosecution of the person\narrested until the ownership of such motor vehicle, trailer or part\nshall have been ascertained. If the ownership of such motor vehicle,\ntrailer or part cannot be ascertained, or if the owner or custodian is\nconvicted of the theft or unlawful possession of said motor vehicle,\ntrailer or part, such motor vehicle, trailer or part, if in the\npossession of the state police or any other state agency shall, at the\ndirection of the office of general services, be held for, or delivered\ninto the possession of, such office, and title shall vest in such\noffice, or if in the possession of a local police department or other\nlocal authority, such motor vehicle or trailer shall be treated as an\nabandoned vehicle pursuant to section twelve hundred twenty-four of this\nchapter, or such part may be sold by the local authority to a registered\ndealer or to a registered vehicle dismantler or certified scrap\nprocessor as defined in subdivision nine of section four hundred\nfifteen-a of this chapter.\n  2. Assignment of a new identification number. If a person other than\nthe person arrested be the owner, the motor vehicle, trailer or part\nshall be returned to him as soon as he has arranged to have the\ndepartment of motor vehicles affix a new number, or in the case of a\npart, inspect such part, and the department has done so, as provided in\nsection four hundred twenty-two of this chapter. Prior to the return of\nthe motor vehicle, trailer or part, or the transfer of custody of said\nmotor vehicle, trailer or part, the arresting officer shall transmit\nnotice of the arrest to the commissioner.\n  3. Disposition of certain motor vehicles, trailers and parts. (a) If\nthe owner of a motor vehicle or trailer cannot be ascertained, or if the\nowner or custodian is arrested and convicted of the theft or unlawful\npossession of said motor vehicle or trailer, and such motor vehicle or\ntrailer is held for or is in the possession of the office of general\nservices, the office of general services shall sell the motor vehicle or\ntrailer at public auction or by bid, or, it may be registered for use by\nthe office or by a state agency in the performance of the duties of the\noffice or of such state agency, provided that the department of motor\nvehicles first affixes a special identification number to the motor\nvehicle or trailer, if required. The special identification number shall\nthereafter be used for identification, registration and all purposes of\nthis chapter, and the purchaser thereof may sell and transfer the motor\nvehicle or trailer bearing such a special identification number or\nnumbers.\n  (b) If the owner of a part or parts of a motor vehicle or trailer\ncannot be ascertained, or if the owner or custodian is arrested and\nconvicted of the theft or unlawful possession thereof, and such part is\nheld for or is in the possession of the office of general services, the\noffice of general services shall sell such part or parts to a registered\ndealer or to a registered vehicle dismantler or a certified scrap\nprocessor as defined in subdivision nine of section four hundred\nfifteen-a of this chapter.\n  (c) Notwithstanding any other provision of this section, ownership of\nan unidentifiable part in an otherwise identifiable vehicle, other than\na stolen vehicle, held by the department or by a police department may\nbe transferred to the owner of such vehicle provided that the department\nor police department has made findings that such owner had no knowledge\nthat the part was unidentifiable and that such owner was neither\nresponsible for rendering such part unidentifiable nor acting in concert\nwith any person who rendered or had such part rendered unidentifiable.\nSuch a transfer may be made to a person who is presumed to have\ndetermined and to know identification numbers on motor vehicles and\nparts pursuant to subdivision one of section four hundred twenty-one of\nthis article only upon payment to the department or to the police\ndepartment of an amount equal to the reasonable wholesale value of the\npart. Such a transfer may be made to any other person without any\npayment being made to the department or police department provided that\nthe department or police department is satisfied that the person has\nbeen the owner of the vehicle with the unidentifiable part contained\ntherein for a period of at least eighteen months. Such findings may only\nbe made after an investigation and, if appropriate, a hearing. Such\ninvestigation shall be made promptly by the department or the police\ndepartment upon the request of such owner. Proceeds from the transfer of\nany such part shall be paid into the general fund of the state if\ntransferred by the department or the division of state police, or into\nthe general fund of the appropriate local authority, if transferred by a\nlocal police department. No such part shall be so transferred until a\nspecial identification number has been affixed to such part and the\nappropriate fee has been paid by the owner of the vehicle.\n  4. Whenever a vehicle or part which is in the possession of the state\npolice or any other state agency or a local police agency or other local\nauthority is returned to an owner, the cost of making delivery of the\nvehicle or part shall be a charge upon such owner. With respect to motor\nvehicles, trailers and parts held by the state police or any other state\nagency, the commissioner of the office of general services, after\nconsultation with the commissioner of motor vehicles, shall promulgate\nregulations to effectuate the provisions of this section. Such\nregulations may include, but shall not be limited to, provisions for the\nremoval of parts from vehicles, the storage and sale of vehicles and\nparts and the recovery of costs incurred in performing the duties\nrequired herein.\n  5. Notwithstanding any other provision of law, if the commissioner is\nholding a vehicle or vehicle part, upon determination of the rightful\nowner of the vehicle or vehicle part, the commissioner shall give\nwritten notice to the owner to retrieve such vehicle or vehicle part.\nFifteen days after the receipt of such notice by certified mail, the\ncommissioner shall impose a storage charge of ten dollars a day for a\nvehicle and five dollars a day for a vehicle part or parts. Unpaid\nstorage charges shall be a lien upon the vehicle or vehicle part and\nsuch lien may be foreclosed in accordance with article nine of the lien\nlaw. Any moneys collected as storage charges or as the result of\nforeclosure of liens for storage shall be used to fund the motor vehicle\ntheft prevention program established by section two hundred twenty-three\nof this chapter.\n
N.Y. PBA Law § 893 — New York Code / Act PBA / Article 4 / Title 4 / Section 893
Inconsistent provisions in other laws superseded
Status: in_force

§ 893. Inconsistent provisions in other laws superseded. In so far as\nthe provisions of this title are inconsistent with the provisions of any\nother law, general, special or local, the provisions of this title shall\nbe controlling.\n
N.Y. VAT Law § 490 — New York Code / Act VAT / Title 4 / Article 17-A* / Section 490
Definition; application for and issuance of identification card
Status: in_force

§ 490. Definition; application for and issuance of identification\ncard.  1. Definition. The term "identification card" shall mean and\nrefer to a non-driver identification card issued pursuant to the\nprovisions of this article.\n  2. Application. (a) Any person to whom a driver's license or learner's\npermit has not been issued by the commissioner, or whose driver's\nlicense or learner's permit is expired, suspended, revoked or\nsurrendered, may make application to the commissioner for the issuance\nof an identification card. The commissioner shall ensure that space is\nprovided on the application so that the applicant shall register or\ndecline registration in the donate life registry for organ and tissue\ndonations pursuant to section forty-three hundred ten of the public\nhealth law and that the following is stated on the application in clear\nand conspicuous type:\n  "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n  The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration.\n  (b) The identification card shall display the sex designation of M, F,\nor X as certified by the applicant, with no additional documentation\nrequired. The applicant may amend the sex designation of their\nidentification card upon request.\n  * 2-a. Solicitation for applicant to consent to share certain\ninformation with the C.W. Bill Young Cell Transplantation Program\nestablished in 42 U.S.C. Section 274k or the national marrow donor\nprogram ("registry operator") for the purpose of receiving information\nabout enrolling in the national registry of volunteer bone marrow or\nblood cell donors. In addition to the provisions of subdivision two of\nthis section, the commissioner shall ensure that space is provided on\nthe application for an identification card or renewal thereof to advise\napplicants of the existence of the national registry and to allow for\napplicants to consent to sharing their information with the registry\noperator for the purposes of receiving information from the national\nmarrow donor program about enrolling as a potential volunteer bone\nmarrow or blood cell donor on the national registry. Such information\nrelated to the consenting applicant shared with the registry operator\nshall be limited to the first and last name, date of birth, email\naddress, and physical address.\n  * NB Effective January 1, 2028\n  3. Issuance. (a) (i) The commissioner shall upon submission of an\nappropriate application, upon payment of the prescribed fee, and upon\nbeing satisfied that the person described is the applicant and that such\napplicant meets the requirements set forth in subdivision two of this\nsection, issue to such applicant a nontransferable identification card.\nIn addition, the commissioner also shall require that an applicant for\nan identification card or renewal thereof provide his or her social\nsecurity number. The commissioner shall provide space so that an\napplicant may request a notation upon such identification card that he\nor she is a veteran of the United States armed forces.\n  (ii) In the case of a person (A) sixty-two years of age or older or\n(B) a recipient of supplemental security income benefits as defined in\nsection two hundred eight of the social services law, application for a\ncard which expires ten years after the date of issuance shall be made on\na form prescribed by the commissioner and shall include proof that such\nperson is sixty-two years of age or older or a recipient of such\nsupplemental security income benefits, as the case may be.\n  (iii) Notwithstanding any other law, rule or regulation to the\ncontrary, a person who is either (A) sixty-two years of age or older and\na recipient of supplemental security income benefits or (B) a recipient\nof public assistance, as defined in subdivision nineteen of section two\nof the social services law, supplemental nutrition assistance program\nbenefits, pursuant to section ninety-five of the social services law, or\nmedical assistance, as defined in paragraph (a) of subdivision\nthirty-eight of section two of the social services law, and who has not\nbeen issued a driver's license, or whose driver's license is expired, or\nwho surrendered his or her driver's license, shall be issued an\nidentification card without the payment of any fee, upon submitting the\nappropriate application. For persons applying for an identification card\npursuant to clause (B) of this subparagraph, such application shall\ninclude proof that such person is in receipt of public assistance,\nsupplemental nutrition assistance program benefits, or medical\nassistance, as the case may be.\n  (b) The identification card shall contain a distinguishing number or\nmark and adequate space upon which an anatomical gift, pursuant to\narticle forty-three of the public health law, by the holder may be\nrecorded and shall contain such other information and shall be issued in\nsuch form as the commissioner shall determine; provided, however, every\nidentification card or renewal thereof issued to a person under the age\nof twenty-one years shall have prominently imprinted thereon the\nstatement "UNDER 21 YEARS OF AGE" in notably distinctive print or\nformat. Provided, further, however, that every identification card\nissued to an applicant who was a member of the armed forces of the\nUnited States and (i) received an honorable discharge or was released\ntherefrom under honorable conditions, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, shall, upon\nhis or her request and submission of proof as set forth herein, contain\na distinguishing mark, in such form as the commissioner shall determine,\nindicating that he or she is a veteran. Such proof shall consist of a\ncertificate of release or discharge from active duty including but not\nlimited to a DD Form 214 or other proof satisfactory to the\ncommissioner. The commissioner shall not require fees for the issuance\nof such identification cards or renewals thereof to persons under\ntwenty-one years of age which are different from the fees required for\nthe issuance of identification cards or renewals thereof to persons\ntwenty-one years of age or over, nor fees to persons requesting a\nveteran distinguishing mark which are different from fees that would\notherwise be required. Provided, however, that notwithstanding the\nprovisions of section four hundred ninety-one of this article, the\ncommissioner shall not require any fees for the duplication or amendment\nof an identification card prior to its renewal if such duplication or\namendment was solely for the purpose of adding a veteran distinguishing\nmark to such identification card.\n  (c) The identification card may also contain the photograph of the\nholder pursuant to regulations established by the commissioner. Any\nphotograph taken as part of the application procedure for an\nidentification card shall not be a public record.\n
N.Y. RPT Law § 499-AAAA — New York Code / Act RPT / Article 4 / Title 4-C / Section 499-AAAA
Definitions
Status: in_force

§ 499-aaaa. Definitions. When used in this title, the following terms\nshall have the following meanings:\n  1. "Applicant" shall mean (a) with respect to an eligible building\nheld in the cooperative or condominium form of ownership, the board of\nmanagers of a condominium or the board of directors of a cooperative\napartment corporation, or (b) with respect to any other eligible\nbuilding, the owner of such building.\n  2. "Application for tax abatement" shall mean an application for a\nsolar electric generating system and/or electric energy storage\nequipment tax abatement pursuant to section four hundred\nninety-nine-cccc of this title.\n  3. "Architect" shall mean a person licensed and registered to practice\nthe profession of architecture under the education law.\n  4. "Compliance period" shall mean the tax year in which a tax\nabatement commences and the three tax years immediately thereafter.\n  5. "Department of finance" shall mean the department of finance of a\ncity having a population of one million or more persons.\n  6. "Designated agency" shall mean one or more agencies or departments\nof a city having a population of one million or more persons that are\ndesignated by the mayor of such city to exercise the functions, powers\nand duties of a designated agency pursuant to this title.\n  7. "Eligible building" shall mean a class one, class two or class four\nreal property, as defined in subdivision one of section eighteen hundred\ntwo of this chapter, located within a city having a population of one\nmillion or more persons. No building shall be eligible for more than one\ntax abatement pursuant to this title prior to January first, two\nthousand twenty-four.\n  8. "Eligible solar electric generating system expenditures" and\n"eligible electric energy storage equipment expenditures" shall mean\nreasonable expenditures for materials, labor costs properly allocable to\non-site preparation, assembly and original installation, architectural\nand engineering services, and designs and plans directly related to the\nconstruction or installation of a solar electric generating system\nand/or electric energy storage equipment installed in connection with an\neligible building. Solar parking canopy structures shall be considered a\nsolar electric generating system for the purposes of this subdivision.\nSuch eligible expenditures shall not include interest or other finance\ncharges, or any expenditures incurred using a federal, state or local\ngrant.\n  9. "Engineer" shall mean a person licensed and registered to practice\nthe profession of engineering under the education law.\n  10. "Solar electric generating system" shall mean a system that uses\nsolar energy to generate electricity. Such system shall not include any\nequipment connected to a solar electric generating system that is a\ncomponent of part or parts of a non-solar electric generating system or\nthat uses any sort of recreational facility or equipment as a storage\nmedium.\n  11. "Electric energy storage equipment" means a set of technologies\ncapable of storing electric energy and releasing that energy as electric\npower at a later time. Electric energy storage technologies may store\nenergy as potential, kinetic, chemical or thermal energy that can be\nreleased as electric power, and include, but are not limited to, various\ntypes of batteries, flywheels, electrochemical capacitors, compressed\nair storage and thermal storage devices.\n
N.Y. VAT Law § 404-V*3 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-V*3
Distinctive plates for the arts and cultural institutions and museums
Status: in_force

* § 404-v. Distinctive plates for the arts and cultural institutions\nand museums. 1. Any person residing in this state shall, upon request,\nbe issued a distinctive New York state cultural institutions and museums\nlicense plate of a design approved by the commissioner. Application for\nsuch license plate shall be filed with the commissioner in such form and\ndetail as the commissioner shall prescribe.\n  2. A distinctive New York state cultural institutions and museums\nplate issued pursuant to this section shall be issued in the same manner\nas other number plates upon the payment of the regular registration fees\nprescribed by section four hundred one of this article; provided,\nhowever, that an additional annual service charge of twenty-five dollars\nshall be charged for such plate. Fifteen dollars from each twenty-five\ndollars received as annual service charges under this section shall be\ndeposited to the credit of the arts capital revolving fund established\npursuant to section ninety-seven-z of the state finance law; provided,\nhowever, that one year after the effective date of this section, funds\nin the amount of five thousand dollars, or so much thereof as may be\navailable shall be allocated from such fund to the department to offset\ncosts associated with the production of such license plate.\n  * NB There are 7 § 404-v's\n
N.Y. EDN Law § 3021-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3021-A
Notification of accusatory instrument alleging a sex offense
Status: in_force

§ 3021-a. Notification of accusatory instrument alleging a sex\noffense.  1. For purposes of this section:\n  (a) The term "employee" means any person receiving compensation from a\nschool district, charter school, board of cooperation educational\nservices, private elementary or secondary school, special education\nschools, or employee of a contracted service provider or worker placed\nwithin the school under a public assistance employment program pursuant\nto title nine-B of article five of the social services law, and\nconsistent with the provisions of such title for the provision of\nservices to such district or school, its students or employees, directly\nor through contract, whereby such services performed by such person\ninvolved direct student contact.\n  (b) The term "sex offense" means an offense for which registration as\na sex offender is required pursuant to article six-C of the correction\nlaw.\n  2. When an accusatory instrument has been filed alleging the\ncommission of a sex offense by a person known to be an employee of a\nschool district, charter school, board of cooperative educational\nservices, private elementary or secondary school, or special education\nschools, it is the responsibility of the district attorney to\nimmediately notify the superintendent of schools or school administrator\nthat employs such employee of the accusatory instrument and the sex\noffense or offenses alleged therein.\n  3. Nothing in this section shall be deemed to diminish the rights,\nprivileges, or remedies of any employee contained within section three\nthousand twenty-a of this article, or section seventy-five of the civil\nservice law, or under any collective bargaining agreement or employment\ncontract.\n
N.Y. EDN Law § 3012-E — New York Code / Act EDN / Title 4 / Article 61 / Section 3012-E
Teacher and principal performance review plans
Status: in_force

§ 3012-e. Teacher and principal performance review plans. 1.\nNotwithstanding any other provision of law, rule, or regulation to the\ncontrary, for the annual professional performance reviews related to the\ntwo thousand twenty-four--two thousand twenty-five school year and\nthereafter, a school district or board of cooperative educational\nservices shall conduct performance reviews of classroom teachers and\nbuilding principals in accordance with the provisions of this section or\nsection three thousand twelve-d of this article, as applicable. Provided\nthat all school districts and boards of cooperative educational services\nshall adopt a performance review plan pursuant to this section no later\nthan June thirtieth, two thousand thirty-two and such plan shall be used\nto complete performance reviews of classroom teachers and building\nprincipals no later than the two thousand thirty-two--two thousand\nthirty-three school year. Performance review plans developed pursuant to\nthis section shall be the result of reaching a collectively bargained\nagreement negotiated pursuant to article fourteen of the civil service\nlaw where a recognized employee organization exists.\n  2. Nothing herein shall require modification of an existing teacher\nand principal evaluation plan approved by the commissioner pursuant to\nsection three thousand twelve-d of this article and all teacher and\nprincipal evaluation plans approved by the commissioner pursuant to the\nprovisions of section three thousand twelve-d of this article shall not\nbe affected by the provisions of this section on or before June\nthirtieth, two thousand thirty-two; provided, however, that when a\nschool district or board of cooperative educational services adopts a\nperformance review plan pursuant to this section, the school district or\nboard of cooperative educational services shall notify the department\nand submit the new plan to the department for review on a form and in a\nmanner prescribed by the commissioner. Provided further that, prior to\nJune thirtieth, two thousand thirty-two, a teacher and principal\nevaluation plan may still be adopted or modified pursuant to section\nthree thousand twelve-d of this article consistent with the provisions\nof such section.\n  3. The performance reviews conducted pursuant to this section shall be\na significant factor in teacher and principal development, including but\nnot limited to coaching, induction support, and differentiated\nprofessional development for all teachers and principals.\n  4. (a) A school board or board of cooperative educational services\nshall make its most recently adopted and reviewed plan pursuant to this\nsection available on the school district or board of cooperative\neducational services' website.\n  (b) On an annual basis, each school district and board of cooperative\neducational services shall submit to the commissioner the ratings for\neach classroom teacher and building principal on each applicable\nteaching or leadership standard, as well as the overall rating for each\nteacher and principal, where available, on a form and in a manner\nprescribed by the commissioner. Such data shall be collected and used to\nthe extent necessary to comply with any applicable state and federal\nstatutory requirements.\n  (c) The commissioner and each school district and board of cooperative\neducational services shall ensure that any release to the public of data\ncollected pursuant to this section, or any other data that is used as a\ncomponent of performance reviews, does not include personally\nidentifying information for any classroom teacher or building principal;\nprovided, however, that each school district or board of cooperative\neducational services shall fully disclose and release to the parents or\nlegal guardians of a student the most recent performance review rating\nreceived for each of the teachers and for the principal of the school\nbuilding to which the student is assigned for the current school year\nconsistent with paragraph b of subdivision ten of section three thousand\ntwelve-c of this article.\n  (d) Performance reviews of individual classroom teachers and building\nprincipals shall not be subject to disclosure pursuant to article six of\nthe public officers law.\n  5. (a) Performance review plans developed pursuant to this section\nshall:\n  (i) include the criteria by which all classroom teachers and building\nprincipals shall be reviewed and a description of the review procedures;\n  (ii) address each state teaching and educational leadership standard,\nas developed or adopted by the commissioner;\n  (iii) consist of multiple measures; provided, however, that one\nmeasure shall be classroom observations of classroom teachers and school\nvisits of building principals. The plan shall describe the number and\nfrequency of observations; provided that nothing herein shall be\nconstrued to require that all classroom teachers or building principals\nhave the same number or frequency of observations.\n  (iv) provide the classroom teacher or building principal with timely,\nactionable feedback on their practice based on the information collected\nas part of the performance review;\n  (v) assign ratings on each applicable teaching or educational\nleadership standard and an overall rating of Level 4, Level 3, Level 2,\nor Level 1 consistent with the following requirements:\n  (1) Level 1 shall indicate performance significantly below a school\ndistrict's or board of cooperative educational services' expectations\naligned to teaching or educational leadership standards;\n  (2) Level 2 shall indicate performance that partially meets a school\ndistrict's or board of cooperative educational services' expectations\naligned to teaching or educational leadership standards;\n  (3) Level 3 shall indicate performance that meets a school district's\nor board of cooperative educational services' expectations aligned to\nteaching or educational leadership standards; and\n  (4) Level 4 shall indicate performance that exceeds a school\ndistrict's or board of cooperative educational services' expectations\naligned to teaching or educational leadership standards;\n  (vi) ensure that it is possible for a classroom teacher or building\nprincipal to obtain each rating on each teaching or educational\nleadership standard and as an overall rating. The process by which\nratings are assigned shall be transparent and available to those being\nrated prior to the start of the school year, to the extent practicable;\nand\n  (vii) include a process for each classroom teacher and building\nprincipal to receive formal support for professional growth each year,\nprovided that teachers and principals who receive an overall rating of\nLevel 1 or 2 shall have a personalized professional development plan,\ndeveloped by the school district or board of cooperative educational\nservices, consistent with a locally determined growth goal setting\nprocess.\n  (b) One measure may be used to address more than one teaching or\neducational leadership standard provided that the performance review\nincludes multiple measures.\n  (c) Performance reviews conducted pursuant to this section may assess\na subset of the teaching and educational leadership standards in a given\nyear; provided, however, that probationary classroom teachers and\nbuilding principals shall be rated on each teaching or educational\nleadership standard annually.\n  (d) Nothing in this section shall be construed to require all\nclassroom teachers or building principals to be evaluated based on the\nsame measures or to receive an overall rating annually; provided,\nhowever, that at a minimum, probationary teachers and principals shall\nreceive a rating on each teaching or educational leadership standard and\nan overall rating annually, while other teachers and principals may have\na differentiated performance review process that does not culminate in\nan overall rating annually. Provided, further, that nothing herein shall\nbe construed to prohibit or prevent any other teachers and principals\nfrom receiving an overall rating annually.\n  6. The school district or board of cooperative educational services,\nas applicable, shall ensure that all classroom teachers and building\nprincipals as well as any individual who conducts all or part of a\nperformance review receive appropriate training consistent with the\nregulations of the commissioner and shall ensure that each teacher and\nprincipal who is reviewed in accordance with this section has the\nopportunity to provide written comment on their performance review in\naddition to any collectively bargained teacher and principal performance\nreview grievance or appeal procedures.\n  7. Nothing in this section shall be construed to affect the unfettered\nstatutory right of a school district or board of cooperative educational\nservices, as applicable, to terminate a probationary classroom teacher\nor principal for any statutorily and constitutionally permissible\nreasons.\n  8. Performance review plans developed pursuant to this section shall\nbe submitted to the commissioner on a form and in a manner prescribed by\nthe commissioner. The commissioner shall review such plan to determine\ncompliance with the requirements of this section. If the commissioner\ndetermines that the submitted plan is not in compliance with this\nsection, the plan shall be returned to the school district or board of\ncooperative educational services for revision. Such revisions shall be\nresolved through collective bargaining, to the extent required under\narticle fourteen of the civil service law. The plan most recently\naccepted by the commissioner pursuant to this section shall remain in\neffect until a subsequent plan is agreed to by the parties and reviewed\nby the commissioner to determine compliance with the requirements of\nthis section. Each school district and board of cooperative educational\nservices shall certify annually to the commissioner that they have fully\nimplemented the plan most recently accepted by the commissioner.\n
N.Y. EDN Law § 3304 — New York Code / Act EDN / Title 4 / Article 66 / Section 3304
Educational records and enrollment
Status: in_force

§ 3304. Educational records and enrollment. 1. In the event that\nofficial education records cannot be released to the parents for the\npurpose of transfer, the  custodian of  the records in the sending state\nshall prepare and furnish  to the parent  a complete set of unofficial\neducational records, to the extent feasible, and using any template\ndeveloped by the interstate commission. Upon receipt of the unofficial\neducation records by a school in the receiving state, the school shall\nenroll and appropriately place the student based on the information\nprovided in the unofficial records pending validation by the official\nrecords, as quickly as possible.\n  2. Simultaneous with the enrollment and conditional placement of the\nstudent, the school in the receiving state shall request the student's\nofficial education record from the school in the sending state. Upon\nreceipt of this request, the school in the sending state will process\nand furnish the official education records to the school in the\nreceiving state within ten days or within such time as is reasonably\ndetermined under the rules promulgated by the interstate commission.\n  3. Notwithstanding any provisions of subdivision seven of section\ntwenty-one hundred sixty-four of the public health law to the contrary,\ncompacting states shall give thirty days from the date of enrollment or\nwithin such time as is reasonably determined under the rules promulgated\nby the interstate commission, for students transferring from a school in\na sending state to obtain any immunizations required by the receiving\nstate. For a series of immunizations, initial vaccinations must be\nobtained within thirty days or within such time as is reasonably\ndetermined under the rules promulgated by the interstate commission.\n  4. For purposes of ensuring a smooth educational transition, students\ntransferring from a local educational agency in a sending state shall\ninitially be allowed to continue their enrollment at grade level in the\nreceiving state commensurate with their grade level from a local\neducational agency in the sending state at the time of transition,\nregardless of age. A student that has satisfactorily completed the\nprerequisite grade level in the local educational agency in the sending\nstate shall initially be eligible for enrollment in the next highest\ngrade level in the receiving state, regardless of age. A student\ntransferring after the start of the school year in the receiving state\nshall enter the school in the receiving state on their validated level\nfrom an accredited school in the sending state. Nothing in this\nsubdivision shall prohibit a local educational agency in the receiving\nstate from performing subsequent evaluations to ensure appropriate\nplacement of the student.\n
N.Y. PBH Law § 4658*2 — New York Code / Act PBH / Article 46-B / Title 4 / Section 4658*2
Residency agreement and disclosures
Status: in_force

* § 4658. Residency agreement and disclosures. 1. Every operator shall\nexecute with each resident a written residency agreement, in no less\nthan twelve point type and written in plain language, which satisfies\nthe requirements of this section. Such agreement shall:\n  (a) be dated and signed by the operator, the resident, resident's\nrepresentative, and resident's legal representative, if any, and any\nother party to be charged under the agreement;\n  (b) contain the entire agreement of the parties and shall include the\ndisclosures required by subdivision three of this section.\n  1-a. The resident, resident's representative and resident's legal\nrepresentative, if any, shall be given a complete copy of the agreement\nand all supporting documents and attachments and any changes whenever\nchanges are made to the agreement.\n  2. The residency agreement shall include, at a minimum:\n  (a) the name, telephone number, street address and mailing address of\nthe residence;\n  (b) the name and mailing address of the owner of the residence and at\nleast one natural person authorized to accept personal service on behalf\nof the owner of the residence;\n  (c) the name and address of the assisted living operator and at least\none natural person authorized to accept personal service on behalf of\nthe operator;\n  (d) a statement, to be updated as necessary, describing the licensure\nor certification status of the assisted living operator and any provider\noffering home care services or personal care services under an\narrangement with the residence, including a specific listing of such\nproviders;\n  (e) the effective period of the agreement;\n  (f) a description of the services to be provided to the resident and\nthe base rate to be paid by the resident for those services;\n  (g) a description of any additional services available for an\nadditional, supplemental, or community fee from the assisted living\noperator directly or through arrangements with the operator, stating who\nwould provide such services, if other than such operator;\n  (h) a rate or fee schedule, including any additional, supplemental, or\ncommunity fees charged for services provided to the resident, with a\ndetailed explanation of which services and amenities are covered by such\nrates, fees, or charges;\n  (i) a description of the process through which the agreement may be\nmodified, amended, or terminated, and setting forth the terms and time\nframes under which the agreement may be terminated by either party;\n  (j) a description of the complaint resolution process available to\nresidents;\n  (k) the name of the resident's representative and resident's legal\nrepresentative, if any, and a description of the representative's\nresponsibilities;\n  (l) the criteria used by the operator to determine who may be admitted\nand who may continue to reside in the residence, including criteria\nrelated to the resident's care needs and compliance with reasonable\nrules of the residence;\n  (m) procedures and standards for termination of contract, discharge\nand transfer to another dwelling or facility;\n  (n) billing and payment procedures and requirements;\n  (o) procedures in the event the resident, resident's representative or\nresident's legal representative are no longer able to pay for services\nprovided for in the resident agreement or for additional services or\ncare needed by the resident; and\n  (p) terms governing the refund of any previously paid fees or charges\nin the event of a resident's discharge from the assisted living\nresidence or termination of the resident agreement.\n  3. In conjunction with any marketing materials and with the residency\nagreement required by this section, the assisted living operator shall\ndisclose on a separate information sheet in plain language and in twelve\npoint type the following to (a) any individual who expresses an interest\nin residing in the residence, and to his or her designated\nrepresentative and his or her legal representative, if any, upon request\nor prior to admission, whichever occurs first, and (b) any current\nresident and to his or her designated representative and his or her\nlegal representative, if any, if such information has not previously\nbeen disclosed to them:\n  (i) the consumer information guide developed by the commissioner\npursuant to subdivision one of section forty-six hundred sixty-two of\nthis title;\n  (ii) a statement listing the residence's licensure and if it has an\nenhanced assisted living certificate and/or special needs enhanced\nassisted living certificate and the availability of enhanced assisted\nliving and/or special needs beds;\n  (iii) any ownership interest in excess of ten percent on the part of\nthe operator, whether legal or beneficial, in any entity which provides\ncare, material, equipment or other services to residents;\n  (iv) any ownership interest in excess of ten percent on the part of\nany entity which provides care, material, equipment or other services to\nresidents, whether legal or beneficial, in the operator;\n  (v) a statement regarding the ability of residents to receive services\nfrom service providers with whom the operator does not have an\narrangement;\n  (vi) a statement that residents shall have the right to choose their\nhealth care providers, notwithstanding any other agreement to the\ncontrary;\n  (vii) a statement regarding the availability of public funds for\npayment for residential, supportive or home health services including,\nbut not limited to availability of coverage of home health services\nunder title eighteen of the federal social security act (Medicare);\n  (viii) the department's toll free telephone number for reporting of\ncomplaints regarding home care services and the services provided by the\nassisted living operator; and\n  (ix) a statement regarding the availability of long term care\nombudsman services and the telephone number of the local and state long\nterm care ombudsman.\n  4. Assisted living residency agreements and related documents executed\nby each resident, resident's representative or resident's legal\nrepresentative shall be maintained by the operator in files from the\ndate of execution until three years after the agreement is terminated.\nThe agreements shall be made available for inspection by the\ncommissioner upon request at any time.\n  * NB There are 2 § 4658's\n
N.Y. PBA Law § 3246 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3246
Employees of the corporation
Status: in_force

§ 3246. Employees of the corporation. 1. In order to reduce its\noperating expenses the corporation shall, to the extent practicable,\nutilize existing employees of the state, pursuant to section thirty-two\nhundred forty-eight of this title, hiring its own employees only if the\nnecessary functions of the corporation cannot be performed without the\nhiring of such employees. Employee compensation shall be paid only from\nappropriations made to the corporation by law.\n  2. In accordance with the provisions of section seventy of the civil\nservice law and any applicable collective bargaining agreement, the\nstate and the corporation shall have the power to provide for the\ntransfer to the corporation of such agents, employees and facilities of\nthe state as shall enable the corporation to fulfill its corporate\npurposes. Employees of the state so transferred shall be appointed,\nwithout further examination, to the corporation in the same or\nequivalent classification and position they hold at the time of the\ntransfer.\n  3. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to such\nsame collective bargaining unit if they would have been assigned to such\nunit were such titles created prior to the establishment of the\ncorporation. Nothing contained in this title shall be construed to\ndiminish (a) the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n  4. The corporation and its employees shall be subject to article\nfourteen of the civil service law and for all purposes the corporation\nshall be deemed a "public employer".\n
N.Y. PBH Law § 1161 — New York Code / Act PBH / Article 11 / Title 4 / Section 1161
Eligible projects; priority ranking
Status: in_force

§ 1161. Eligible projects; priority ranking. Subject to the provisions\nof section thirty-two of the chapter of the laws of 1996 which added\nthis section, in consultation with the commissioner of environmental\nconservation, the commissioner shall establish and maintain a list of\npotentially eligible projects and shall establish, pursuant to rules and\nregulations, a process for listing potentially eligible projects\nidentified by potential recipients and a priority ranking system for the\npurpose of providing financial assistance to recipients for such\nprojects under this title. In establishing such system, the commissioner\nshall take into account the public health significance of such\npotentially eligible projects which shall include, but need not be\nlimited to, an assessment of (i) public health and safety; (ii)\npopulation affected; (iii) attainment of state drinking water quality\ngoals and standards; (iv) taking into consideration the water resources\nmanagement strategy pursuant to title twenty-nine of article fifteen of\nthe environmental conservation law; (v) taking into consideration future\nphysical climate risk due to sea level rise, and/or storm surges and/or\nflooding, based on available data predicting the likelihood of future\nextreme weather events, including hazard risk analysis data if\napplicable; and (vi) compliance with state and federal law, rules and\nregulations.\n
N.Y. LFN Law § 58.10 — New York Code / Act LFN / Article 2 / Title 4 / Section 58.10
Electronic open auction public bond sale pilot program
Status: in_force

* § 58.10 Electronic open auction public bond sale pilot program. a.\nAs used in this section:\n  1. "Municipality" means a county, or a city or town with a population\nof one hundred thousand or more that has issued at least twenty-five\nmillion dollars in bonds within at least one of the preceding five\nyears.\n  2. "Nationally recognized electronic securities bidding service" means\na bidding service that is approved by the superintendent pursuant to\nsubdivision b of this section.\n  3. "Open auction" means a bond sale procedure that allows a bidder to\nreceive information with respect to the ranking of its bids prior to the\nconclusion of the bidding period in accordance with the municipality's\nnotice of such bond sale circulated in accordance with applicable\nrequirements of this chapter.\n  4. "Program" means the electronic open auction public bond sale pilot\nprogram established pursuant to this section.\n  5. "Superintendent" means the superintendent of financial services.\n  b. 1. There is hereby established an electronic open auction bond sale\npilot program authorizing municipalities to conduct open auction public\nbond sales through any nationally recognized electronic securities\nbidding service approved by the superintendent. Nationally recognized\nelectronic securities bidding services desiring to operate an electronic\nopen auction shall apply to the superintendent for authorization to do\nso by filing an application with the superintendent. The superintendent\nshall make available an application form that provides the\nsuperintendent with information regarding the technology and security\npractices maintained by the nationally recognized electronic securities\nbidding service, the requirements to be established for bidding by\nbidders, the methods by which auction sales are conducted, the\nexperience of the nationally recognized electronic securities bidding\nservice in conducting electronic open auctions of bonds, and other\ninformation the superintendent may deem relevant.\n  2. If the superintendent determines that the requirements and\nconditions of the open auction are in accordance with the provisions of\nthis chapter and the bidding service provides a secure, open and\ncompetitive opportunity for qualified bidders to submit proposals, the\napplication shall be deemed approved.\n  3. The superintendent shall post information regarding the nationally\nrecognized electronic securities bidding services that have been\napproved for use by municipalities on the department of financial\nservices website.\n  c. If the chief fiscal officer of the municipality has authorized the\nreceipt of bids in an electronic open auction format, such electronic\nbids may be submitted in the form of open auctions conducted through a\nnationally recognized electronic securities bidding service which entity\nshall be deemed to be the designated receiving device pursuant to\nsection 58.00 of this title. Notice of any bond sale shall provide for\nthe manner in which the bidding period may be extended and the basis for\ndetermination of the winning bidder.\n  d. Notwithstanding the provisions of subdivision one of section three\nhundred five of the state technology law, if the notice of sale for the\nopen auction public bond contains a provision that bids will only be\naccepted electronically in the manner provided in such notice of sale,\nthe municipality shall not be required to accept non-electronic bids in\nany form.\n  e. The municipality's chief fiscal officer shall administer the\nprogram and shall publish its policies and procedures for the\nprocurement of nationally recognized electronic securities bidding\nservices on the municipality's internet website. Such policies and\nprocedures shall include policies to prevent fraud. Except as modified\nby this section, the municipal program shall comply with this chapter\nand all other applicable laws, rules and regulations related to the sale\nof bonds.\n  f. The municipality's chief fiscal officer shall review the electronic\nopen auction bidding process to ensure that the bond sale was completed\nin a timely fashion; the sale was completed without errors; and the\nprocess was favorable as compared to the method currently used by the\nmunicipality.\n  g. The municipality shall conduct evaluations of the program annually\nwith a summary evaluation at the end of the two year program. The\nmunicipality shall submit the evaluations to the superintendent, the\ntemporary president of the senate and the speaker of the assembly. Such\nreport shall include, but not be limited to, any demonstrated evidence\nthat sale of public bonds using electronic open auctions is comparable\nto the cost of issuing public bonds through the current sealed bid\nprocess, the fees associated with nationally recognized electronic\nsecurities bidding services, whether the use of electronic open auctions\nresulted in an increased number of bidders and whether the process was\nfavorable as compared to the method currently used by the municipality.\n  * NB Repealed January 1, 2028\n
N.Y. PBA Law § 1089 — New York Code / Act PBA / Article 5 / Title 4 / Section 1089
Actions
Status: in_force

§ 1089. Actions. 1. In any case founded upon tort a notice of claim\nshall be required as a condition precedent to the commencement of an\naction or special proceeding against the authority or any officer,\nappointee or employee thereof, and the provisions of section fifty-e of\nthe general municipal law shall govern the giving of such notice. Except\nin an action for wrongful death, an action against the authority for\ndamages for injuries to real or personal property, or for the\ndestruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued.\n  2. An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n
N.Y. PBH Law § 4146 — New York Code / Act PBH / Article 41 / Title 4 / Section 4146
Deaths; burial permits; interments in certain cemeteries prohibited
Status: in_force

§ 4146. Deaths; burial permits; interments in certain cemeteries\nprohibited. 1. Whenever the legislative authority of any municipality\nshall deem that further interments in any cemetery in such municipality\nwould be detrimental to the public health, it may by resolution direct\nits clerk to cause a notice to be served upon the person or corporation\nowning or controlling such cemetery, and to publish said notice once a\nweek for three successive weeks in two papers published in such city,\nstating a time and place not less than thirty days after service and\nfirst publication of such notice, at which any person interested may\nshow cause to the legislative authority why further interments in such\ncemetery should not be prohibited.\n  2. At the time and place specified in such notice the legislative\nauthority of such municipality shall hear all persons desiring to be\nheard, and if upon such hearing it appears that further interments in\nsuch cemetery will be detrimental to public health, it may by resolution\nprohibit further interments therein.\n  3. If such resolution is adopted a certified copy thereof shall be\nfiled with the board of health of the municipality in which the cemetery\nis located, and thereafter permits for interments in such cemetery shall\nnot be issued. The action of the legislative authority in passing such\nresolution may be reviewed within thirty days thereafter under and\npursuant to article seventy-eight of the civil practice act.\n  4. A burial permit issued by any registrar of vital statistics\nauthorizing burial in such cemetery shall be deemed null and void and of\nno legal effect after a copy of the resolution has been filed with the\nboard of health of the municipality.\n
N.Y. VAT Law § 404-S — New York Code / Act VAT / Title 4 / Article 14 / Section 404-S
Issuance of distinctive "I Love New York" plates
Status: in_force

* § 404-s. Issuance of distinctive "I Love New York" plates. 1. Any\nperson residing in this state shall, upon request, be issued a\ndistinctive "I Love New York" license plate. The design of such\ndistinctive plate shall be developed by the commissioner in cooperation\nwith the commissioner of the department of economic development and\nshall utilize the phrase "I Love New York", and/or a representative\nlogo, in a manner consistent with usage thereof by the department of\neconomic development and tourist promotion agencies recognized pursuant\nto section one hundred sixty-three of the economic development law.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon the payment of the\nregular registration fee prescribed by section four hundred one of this\narticle provided, however, that an additional annual service charge of\nfifteen dollars shall be charged for such plate. Such service charge\nshall be deposited to the credit of the department of economic\ndevelopment and shall be made available for services and expenses for\ntourism marketing as provided for in subdivision sixteen of section one\nhundred of the economic development law provided, however, that the\ndepartment of economic development shall reimburse the department an\namount not to exceed six thousand dollars for costs associated with the\nproduction of such plate.\n  3. A distinctive plate issued pursuant to this section to a person who\npurchases a lifetime license pursuant to section 11-0702 of the\nenvironmental conservation law or a lifetime vehicle access pass, also\nknown as a lifetime empire passport, pursuant to article thirteen of the\nparks, recreation and historic preservation law between January first,\ntwo thousand fourteen and December thirty-first, two thousand fourteen\nshall be issued in the same manner as other number plates upon the\npayment of the regular registration fee prescribed by section four\nhundred one of this article; provided, however, that commencing upon the\nthird registration period after the initial issuance of such plate, an\nadditional annual service charge of fifteen dollars shall be charged for\nsuch plate. Such service charge shall be deposited and made available in\nthe same manner as set forth in subdivision two of this section.\nAdditionally, such person shall be exempt from the payment of (a) the\ntwenty-five dollar fee required to be paid for the issuance of a set of\nreflectorized number plates pursuant to paragraph a of subdivision three\nof section four hundred one of this article, and (b) the fee of three\ndollars and twenty-five cents for the issuance of a new set of number\nplates pursuant to paragraph b of subdivision three of section four\nhundred one of this article.\n  4. A person who, prior to January first, two thousand fourteen,\npossesses a lifetime license pursuant to section 11-0702 of the\nenvironmental conservation law or a lifetime vehicle access pass, also\nknown as a lifetime empire passport, or a three or five year vehicle\naccess pass pursuant to article thirteen of the parks, recreation and\nhistoric preservation law shall, on request between April first, two\nthousand fourteen and March thirty-first, two thousand fifteen, be\nissued a distinctive plate pursuant to this section in the same manner\nas other number plates upon the payment of the regular registration fee\nprescribed by section four hundred one of this article; provided,\nhowever, that commencing upon the third registration period after the\ninitial issuance of such plate, an additional annual service charge of\nfifteen dollars shall be charged for such plate. Such service charge\nshall be deposited and made available in the same manner as set forth in\nsubdivision two of this section. Additionally, such person shall be\nexempt from the payment of the fee of three dollars and twenty-five\ncents for the issuance of a new set of number plates pursuant to\nparagraph b of subdivision three of section four hundred one of this\narticle.\n  5. Any New York resident who possesses a hunting, fishing or trapping\nlicense issued pursuant to title seven of article eleven of the\nenvironmental conservation law or an annual vehicle access pass, also\nknown as an empire passport, pursuant to article thirteen of the parks,\nrecreation and historic preservation law shall, upon request, be issued\nthe distinctive plate available to a person who purchases a lifetime\nlicense or passport, which shall be issued in the same manner as other\nnumber plates upon the payment of the regular registration fee\nprescribed by section four hundred one of this article; provided,\nhowever, that an additional annual service charge of fifteen dollars\nshall be charged for such plate. Such service charge shall be deposited\nand made available in the same manner as set forth in subdivision two of\nthis section.\n  * NB There are 4 § 404-s's\n
N.Y. EDN Law § 3004 — New York Code / Act EDN / Title 4 / Article 61 / Section 3004
Regulations governing certification of teachers
Status: in_force

§ 3004. Regulations governing certification of teachers. 1. The\ncommissioner shall prescribe, subject to approval by the regents,\nregulations governing the examination and certification of teachers\nemployed in all public schools of the state, except that no such\nregulation affecting the examination, certification, license,\nprobationary periods, appointment, and tenure of position of persons\nemployed in the teaching, and supervising service in a city having a\npopulation of four hundred thousand or more shall be prescribed which\nmay cause the discontinuance of the service of such persons who have\nsatisfactorily completed their probationary periods, or the removal of\nsuch persons from their positions in a manner other than that provided\nby section twenty-five hundred seventy-three of this chapter, but no\nsuch regulations established by the commissioner or by any school\ndistrict, or pursuant to the provisions of section twenty-five hundred\nfifty-four, twenty-five hundred sixty-six, twenty-five hundred\nsixty-nine, twenty-five hundred seventy-three or three thousand eight of\nthis chapter or otherwise, shall hereafter prohibit, prevent or\ndisqualify any person, who is otherwise qualified, from competing,\nparticipating and registering for such examination or from obtaining a\nteacher's certificate or from qualifying for a position as a teacher\nsolely by reason of a disability provided such disability does not\ninterfere with such person's ability to perform teaching duties, nor\nshall any person who is otherwise qualified be denied enrollment in any\nteacher training, which provides for certification as a teacher in a\nschool or facility which conducts classes for children with disabilities\nsolely by reason of a disability.\n  1-a. The commissioner shall waive fees paid by applicants for the\nrenewal of a temporary teaching certificate or license, as defined by\nthe commissioner, if such certificate or license lapsed while such\napplicant was deployed by the United States armed forces and any of its\nreserve components in a combat theater or combat zone of operations at\nany time on or after the second day of August, nineteen hundred ninety.\n  2. Notwithstanding any other provision of law, the commissioner shall\nprescribe regulations requiring that all persons applying, on or after\nJanuary first, nineteen hundred ninety-one, for a certificate or license\nto be a teacher shall, in addition to all the other certification or\nlicensure requirements, have completed two hours of coursework or\ntraining regarding the identification and reporting of child abuse and\nmaltreatment. The coursework or training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such coursework or training. The coursework or training shall\ninclude information regarding the physical and behavioral indicators of\nchild abuse and maltreatment and the statutory reporting requirements\nset out in sections four hundred thirteen through four hundred twenty of\nthe social services law, including but not limited to, when and how a\nreport must be made, what other actions the reporter is mandated or\nauthorized to take, the legal protections afforded reporters, and the\nconsequences for failing to report. Each applicant shall provide the\ndepartment with documentation showing that he or she has completed the\nrequired training.\n  3. The commissioner shall prescribe regulations requiring that all\npersons applying on or after February second, two thousand one for a\nteaching certificate or license, including but not limited to a\ncertificate or license valid for service as a classroom teacher,\nteaching assistant, pupil personnel service professional, school\nadministrator or supervisor or superintendent of schools, shall, in\naddition to all the other certification or licensing requirements, have\ncompleted two hours of course work or training in school violence\nprevention and intervention. The course work or training shall be\nobtained from an institution or provider which has been approved by the\ndepartment to provide such course work or training. Such regulations\nshall also require that school districts and boards of cooperative\neducational services include training for teachers and other certified\nor licensed employees in school violence prevention and intervention in\ntheir required professional development plans.\n  4. a. The commissioner shall prescribe regulations requiring that all\npersons applying on or after September second, two thousand nine for a\nteaching certificate or license as a special education teacher for the\npurposes pursuant to article eighty-nine of this chapter shall, in\naddition to all the other certification or licensing requirements, have\ncompleted enhanced course work or training in area of children with\nautism. In addition, such regulations shall require that enhanced\ntraining in the needs of autistic children be provided to each certified\nschool administrator or supervisor assigned on or after September\nsecond, two thousand nine to serve as a special education administrator.\nSuch training shall be provided prior to, or as soon as practicable\nfollowing, assignment as a special education administrator. Individuals\nserving as special education administrators as of September second, two\nthousand nine shall complete such training by such date. The enhanced\ncourse work or training shall be obtained from an institution or\nprovider which has been approved by the department to provide such\ncourse work or training in the needs of autistic children, provided that\nenhanced training for certified school administrators or supervisors\nthat meets standards prescribed by the commissioner may be included in\nthe professional development provided by the school district or board of\ncooperative educational services to such administrators or supervisors.\n  b. The commissioner shall assure that teacher preparation\ninstitutions, in the two thousand eight--two thousand nine academic\nyear, include instruction in the needs of autistic children in all\nprograms leading to certification as a special education teacher.\n  5. Notwithstanding any other provision of law, the commissioner is\nauthorized and empowered to certify or require training of teachers,\nadministrators and instructors in the area of autistic needs. The\ncommissioner shall have the power to prescribe the necessary regulations\nand establish such programs and training related to the needs of\nautistic children. Such programs and training shall be obtained from an\ninstitution or provider which has been approved by the department to\nprovide such programs and training, except that a school district or\nboard of cooperative educational services may provide such training as\npart of its professional development program.\n  6. The regents and the commissioner shall review the alternative\nteacher preparation programs available to candidates for teaching\ncertificates under the regulations of the commissioner in the two\nthousand seven--two thousand eight school year and shall consider means\nof expanding the availability of such preparation in the future, while\nmaintaining teacher quality. The regents and the commissioner shall\ndevelop programs to assist in the expansion of alternative teacher\npreparation programs.\n
N.Y. VAT Law § 404-K — New York Code / Act VAT / Title 4 / Article 14 / Section 404-K
Distinctive plates for Marine Corps League members
Status: in_force

§ 404-k. Distinctive plates for Marine Corps League members. 1. Any\nmember of the Marine Corps League residing in this state shall, upon\nrequest, be issued a license plate bearing the United States Marine\nCorps emblem and the words "Marine Corps League". Application for said\nlicense plate shall be filed with the commissioner in such form and\ndetail as the commissioner shall prescribe.\n  2. The distinctive plate authorized herein shall be issued upon proof,\nsatisfactory to the commissioner, that the applicant is a member of the\nMarine Corps League.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nprovided, however, that an additional one-time service charge of ten\ndollars shall be charged for such plate.\n
N.Y. VAT Law § 424 — New York Code / Act VAT / Title 4 / Article 17 / Section 424
Stolen or impounded motor vehicles
Status: in_force

§ 424. Stolen or impounded motor vehicles. 1. (a) Agencies which are\nmembers of the New York statewide police information network shall\nreport any theft, recovery or impounding of a motor vehicle, trailer or\npart or parts thereof to such network. Agencies which are not members of\nthe New York statewide police information network shall make such\nreports through a member agency. Such reports shall if possible contain\nat least the vehicle identification number, the date of theft, recovery\nor impounding of the vehicle, the license plate number and where the\nvehicle was stolen, recovered or impounded and the name, address and\ntelephone number of the facility where such vehicle has been stored.\nSuch information shall be made available to the commissioner of motor\nvehicles. The commissioner may assist in providing information with\nrespect to stolen or recovered motor vehicles, trailers and parts as he\nmay deem advisable.\n  (b) For the purposes of this subdivision the term "impound" shall be\ndeemed to include the taking into possession by an agency of any motor\nvehicle which has been abandoned, repossessed, seized pending forfeiture\nproceedings, taken into custody or held as evidence in the course of a\npolice investigation, required to be impounded by law, or in any other\nway taken into possession or held by an agency under circumstances in\nwhich the owner may not reasonably have knowledge of the status of the\nvehicle. Nothing contained herein shall preclude a police department,\nwhich has taken a vehicle into custody under these or other\ncircumstances, from entering a vehicle into the New York statewide\npolice information network as an impounded vehicle to facilitate\nlocation of the vehicle by its owner.\n  2. Any police officer, state trooper or peace officer acting pursuant\nto his or her special duties shall have the power to seize any motor\nvehicle or trailer in the state when there is good reason to believe\nthat such motor vehicle or trailer has been stolen. Unless the vehicle\nis subject to the provisions of section four hundred twenty-three-a of\nthis article, the appropriate agency shall contact the owner of such\nmotor vehicle or trailer, if known, and, after any stolen vehicle alarm\nresulting from such theft has been cancelled, release the vehicle to\nsuch owner. If the owner thereof cannot be ascertained in accordance\nwith procedures established by regulations of the commissioner, a local\npolice agency shall dispose of such vehicle as an abandoned vehicle\npursuant to section twelve hundred twenty-four of this chapter, and the\nstate police shall hold such vehicle for, or deliver it to the office of\ngeneral services.\n
N.Y. PBH Law § 3454 — New York Code / Act PBH / Article 34 / Title 4 / Section 3454
Restoration of licenses after conviction of a felony
Status: in_force

§ 3454. Restoration of licenses after conviction of a felony. If a\nperson convicted of a felony or crime deemed to be a felony is\nsubsequently pardoned by the governor of the state where such conviction\nwas had or by the president of the United States, or shall receive a\ncertificate of relief from disabilities or a certificate of good conduct\npursuant to article twenty-three of the correction law to remove the\ndisability under this section because of such conviction, the\ncommissioner may, in his discretion, on application of such person, and\non the submission to him of satisfactory evidence, restore to such\nperson the right to practice in this state.\n
N.Y. GMU Law § 792 — New York Code / Act GMU / Article 17-A / Title 4 / Section 792
Supersession
Status: in_force

§ 792. Supersession. This article shall supersede and replace all\nother state and local laws relating to the procedures and requirements\nfor the consolidation and dissolution of local government entities to\nthe extent such laws are not consistent with this article, provided,\nhowever, that the provisions of any other state or local law now in\neffect or hereafter enacted that are less restrictive or burdensome than\nthose provided in this chapter shall govern during the period in which\nsuch provisions are in effect. A state or local law that imposes\nprocedures and requirements for consolidation and dissolution not\naddressed by this article is deemed inconsistent.\n
N.Y. EDN Law § 3028 — New York Code / Act EDN / Title 4 / Article 61 / Section 3028
Liability of school district for cost and attorney's fees of action against, or prosecutions of, teachers, members of supervisory and adm...
Status: in_force

§ 3028. Liability of school district for cost and attorney's fees of\naction against, or prosecutions of, teachers, members of supervisory and\nadministrative staff or employees, and school volunteers.\nNotwithstanding any inconsistent provision of any general, special or\nlocal law, or the limitations contained in the provisions of any city\ncharter, each board of education, trustee or trustees in the state shall\nprovide an attorney or attorneys for, and pay such attorney's fees and\nexpenses necessarily incurred in the defense of a teacher, member of a\nsupervisory or administrative staff or employee, or authorized\nparticipant in a school volunteer program in any civil or ciminal action\nor proceeding arising out of disciplinary action taken against any pupil\nof the district while in the discharge of his duties within the scope of\nhis employment or authorized volunteer duties. For such purposes the\nboard of education, trustee or trustees may arrange for and maintain\nappropriate insurance with any insurance company created by or under the\nlaws of this state, or in any insurance company authorized by law to\ntransact business in this state, or such board, trustee or trustees may\nelect to act as self-insurers to maintain the aforesaid protection.  A\nboard of education, trustee or board of trustees, however, shall not be\nsubject to the duty imposed by this section, unless such teacher, or\nmember of the supervisory and administrative staff or employee or\nauthorized participant in a school volunteer program shall, within ten\ndays of the time he is served with any summons, complaint, process,\nnotice, demand or pleading, deliver the original or a copy of the same\nto such board of education, trustee or board of trustees.\n
N.Y. PBA Law § 1680-J*2 — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-J*2
Authorization for the issuance of bonds for the health care efficiency and affordability law for New Yorkers (HEAL NY) capital grant program
Status: in_force

* § 1680-j. Authorization for the issuance of bonds for the health\ncare efficiency and affordability law for New Yorkers (HEAL NY) capital\ngrant program. Notwithstanding any other provision of law to the\ncontrary, the dormitory authority of the state of New York is hereby\nauthorized to issue bonds or notes in one or more series in an aggregate\nprincipal amount not to exceed seven hundred fifty million dollars\nexcluding bonds issued to fund one or more debt service reserve funds,\nto pay costs of issuance of such bonds, and bonds or notes issued to\nrefund or otherwise repay such bonds or notes previously issued, for the\npurposes of financing project costs authorized under section\ntwenty-eight hundred eighteen of the public health law. Of such seven\nhundred fifty million dollars, ten million dollars shall be made\navailable to the community health centers capital program established\npursuant to section twenty-eight hundred seventeen of the public health\nlaw.\n  1. Such bonds and notes of the dormitory authority shall not be a debt\nof the state and the state shall not be liable thereon, nor shall they\nbe payable out of any funds other than those appropriated by the state\nto the authority for debt service and related expenses pursuant to any\nservice contract executed pursuant to subdivision two of this section,\nand such bonds and notes shall contain on the face thereof a statement\nto such effect. Except for purposes of complying with the internal\nrevenue code, any interest income earned on bond proceeds shall only be\nused to pay debt service on such bonds. All of the provisions of the\ndormitory authority act relating to bonds and notes which are not\ninconsistent with the provisions of this section shall apply to\nobligations authorized by this section, including but not limited to the\npower to establish adequate reserves therefore and to issue renewal\nnotes or refunding bonds thereof. The issuance of any bonds or notes\nhereunder shall further be subject to the approval of the director of\nthe division of the budget, and any projects funded through the issuance\nof bonds or notes hereunder shall be approved by the New York state\npublic authorities control board, as required under section fifty-one of\nthis chapter.\n  2. Notwithstanding any other law, rule or regulation to the contrary,\nin order to assist the dormitory authority in undertaking the\nadministration and financing of projects authorized under this section,\nthe director of the budget is hereby authorized to enter into one or\nmore service contracts with the dormitory authority, none of which shall\nexceed more than thirty years in duration, upon such terms and\nconditions as the director of the budget and the dormitory authority\nagree, so as to annually provide to the dormitory authority, in the\naggregate, a sum not to exceed the annual debt service payments and\nrelated expenses required for the bonds and notes issued pursuant to\nthis section. Any service contract entered into pursuant to this\nsubdivision shall provide that the obligation of the state to pay the\namount therein provided shall not constitute a debt of the state within\nthe meaning of any constitutional or statutory provision and shall be\ndeemed executory only to the extent of monies available and that no\nliability shall be incurred by the state beyond the monies available for\nsuch purposes, subject to annual appropriation by the legislature. Any\nsuch contract or any payments made or to be made thereunder may be\nassigned or pledged by the dormitory authority as security for its bonds\nand notes, as authorized by this section.\n  3. Notwithstanding any law to the contrary, and in accordance with\nsection four of the state finance law, the comptroller is hereby\nauthorized and directed to transfer from the health care reform act\n(HCRA) resources fund (061) to the general fund, upon the request of the\ndirector of the budget, up to $6,500,000 on or before March 31, 2006,\nand the comptroller is further hereby authorized and directed to\ntransfer from the healthcare reform act (HCRA); Resources fund (061) to\nthe Capital Projects Fund, upon the request of the director of budget,\nup to $139,000,000 for the period April 1, 2006 through March 31, 2007,\nup to $171,100,000 for the period April 1, 2007 through March 31, 2008,\nup to $208,100,000 for the period April 1, 2008 through March 31, 2009,\nup to $151,600,000 for the period April 1, 2009 through March 31, 2010,\nup to $215,743,000 for the period April 1, 2010 through March 31, 2011,\nup to $433,366,000 for the period April 1, 2011 through March 31, 2012,\nup to $150,806,000 for the period April 1, 2012 through March 31, 2013,\nup to $78,071,000 for the period April 1, 2013 through March 31, 2014,\nand up to $86,005,000 for the period April 1, 2014 through March 31,\n2015, and up to $86,005,000 for the period April 1, 2015 through\nDecember 31, 2017.\n  * NB There are 2 § 1680-j's\n
N.Y. BNK Law § 4005 — New York Code / Act BNK / Article 15 / Title 4 / Section 4005
Organization meeting
Status: in_force

§ 4005. Organization meeting. 1. After the corporate existence has\nbegun, an organization meeting of the incorporators shall be held within\nthis state, for the purpose of adopting by-laws and the transaction of\nsuch other business relating to organization as may come before the\nmeeting. The meeting may be held at the call of any incorporator, who\nshall give at least five days' notice thereof by mail to each other\nincorporator, which notice shall set forth the time and place of the\nmeeting. Notice need not be given to any incorporator who attends the\nmeeting or submits a signed waiver of notice before or after the\nmeeting. A majority shall constitute a quorum and the act of the\nmajority of the incorporators present at a meeting at which a quorum is\npresent shall be the act of the incorporators.\n  2. Any action permitted to be taken at the organization meeting may be\ntaken without a meeting if each incorporator signs an instrument setting\nforth the action so taken.\n  3. If an incorporator dies or is for any reason unable to act, action\nmay be taken as provided in such event in subdivision three of section\nsix thousand fifteen.\n
N.Y. VAT Law § 492 — New York Code / Act VAT / Title 4 / Article 17-A* / Section 492
Duplicate identification card; change of address
Status: in_force

§ 492. Duplicate identification card; change of address. 1. Lost,\nmutilated or destroyed identification card. In the event of the loss,\nmutilation or destruction of any identification card, the holder thereof\nmay file with the commissioner proof of the facts with respect to such\nloss, mutilation or destruction, together with the fee prescribed by\nlaw. If the commissioner is satisfied that the applicant is entitled to\na duplicate thereof, he shall issue a duplicate of the lost, mutilated\nor destroyed identification card.\n  2. Amendment of identification card. Any person holding an\nidentification card which contains any error other than a clerical error\nmade by the issuing agency, with respect to the information contained\nthereon, shall file an application with the commissioner for an amended\nidentification card to have such error corrected. The commissioner shall\nrequire such person to submit proof acceptable to him with respect to\nthe facts, and upon approval of such proof and the surrender of the\nprior identification card, the commissioner shall issue an appropriate\namended identification card.\n  3. Change of address. It shall be the duty of every holder of an\nidentification card to notify the commissioner in writing of any change\nof residence of such holder within ten days after such change occurs.\n
N.Y. RPT Law § 499-AAA — New York Code / Act RPT / Article 4 / Title 4-B / Section 499-AAA
Definitions
Status: in_force

§ 499-aaa. Definitions. When used in this title, the following terms\nshall have the following meanings:\n  1. "Applicant" shall mean (a) with respect to an eligible building\nheld in the cooperative or condominium form of ownership, the board of\nmanagers of a condominium or the board of directors of a cooperative\napartment corporation, or (b) with respect to any other eligible\nbuilding, the owner of such building.\n  2. "Application for tax abatement" shall mean an application for a\ngreen roof tax abatement pursuant to section four hundred\nninety-nine-ccc of this title.\n  3. "Architect" shall mean a person licensed and registered to practice\nthe profession of architecture under the education law.\n  4. "Compliance period" shall mean the tax year in which a tax\nabatement is taken.\n  5. "Department of finance" shall mean the department of finance of a\ncity having a population of one million or more persons.\n  6. "Designated agency" shall mean one or more agencies or departments\nof a city having a population of one million or more persons that are\ndesignated by the mayor of such city to exercise the functions, powers\nand duties of a designated agency pursuant to this title.\n  7. "Eligible building" shall mean a class one, class two or class four\nreal property, as defined in subdivision one of section eighteen hundred\ntwo of this chapter, located within a city having a population of one\nmillion or more persons. No building shall be eligible for more than one\ntax abatement pursuant to this title.\n  8. "Eligible rooftop space" shall mean the total space available on an\neligible building to support a green roof, as certified by an engineer\nor architect or other certified or licensed professional whom a\ndesignated agency designates by rule.\n  9. "Engineer" shall mean a person licensed and registered to practice\nthe profession of engineering under the education law.\n  10. "Green roof" shall mean an addition to a roof of an eligible\nbuilding that includes (a) a weatherproof and waterproof roofing\nmembrane layer that complies with local construction and fire codes, (b)\na root barrier layer, (c) a drainage layer that complies with local\nconstruction and fire codes and is designed so the drains can be\ninspected and cleaned, (d) a filter or separation fabric, (e) a growth\nmedium, including natural or simulated soil, with a depth of at least\none and one-half inches, (f) if the depth of the growth medium is less\nthan three inches, an independent water holding layer that is designed\nto prevent the rapid drying of the growth medium, such as a non-woven\nfabric, pad or foam mat, and (g) a vegetation layer, at least eighty\npercent of which must be covered by live plants such as (i) sedum or\nequally drought resistant and hardy plant species, (ii) native plant\nspecies, and/or (iii) agricultural plant species.\n
N.Y. PBH Law § 1163 — New York Code / Act PBH / Article 11 / Title 4 / Section 1163
Financing agreements
Status: in_force

§ 1163. Financing agreements. The corporation and any recipient having\nthe power to contract with respect to the financing of an eligible\nproject may enter into a loan or other financing agreement providing for\nthe construction and financing of eligible projects. The corporation\nshall prepare each financing agreement, which shall include but is not\nlimited to the following provisions:\n  1. A description of the eligible project;\n  2. An estimate of the eligible project cost;\n  3. A right of the corporation to approve any contracts for services\nand construction funded pursuant to a financing agreement, and to\ninspect and review the construction of eligible projects;\n  4. Notwithstanding the provisions of any other law, general, special\nor local, inconsistent with this section, a right of the corporation to\ninvest proceeds of the corporation's bonds or notes, including proceeds\nof bonds or notes of the recipient, as provided in subdivision four of\nsection twelve hundred eighty-four of the public authorities law and as\nprovided in subdivision six of section twelve hundred eighty-five-m of\nthe public authorities law.\n  Such right shall include the right to invest such monies together with\nany other monies held by the corporation pursuant to the provisions of\nsection twelve hundred eighty-five-m of the public authorities law;\n  5. Remedies in the event of a recipient's failure to comply with the\nterms of a financing agreement;\n  6. An agreement by the corporation to:\n  (a) lend to the recipient for the construction of an eligible project\na specified amount from the proceeds of the corporation's bonds or\nnotes, not to exceed the estimated reasonable cost of construction of\nthe eligible project established in the financing agreement, subject to\nthe ability of the corporation to provide such financing, including any\nother approvals required by state or federal law and such other\nconditions as the corporation shall determine necessary or desirable;\n  (b) use reasonable efforts to issue its bonds or notes in an amount\nsufficient to finance the estimated reasonable cost of the eligible\nproject, including but not limited to costs of issuance, credit support\nfees, if any, trustees' fees, interest during construction, and such\nreserve funds, if any, as may be necessary to secure such bonds or\nnotes;\n  (c) for any financial assistance made from the proceeds of the\ncorporation's bonds or notes, establish an allocation and provide to the\nrecipient an interest rate subsidy allocation for the eligible project\nin accordance with this title and section twelve hundred eighty-five-m\nof the public authorities law;\n  (d) in the alternative, provide financial assistance to the recipient\nfor the construction of an eligible project in a specified amount from\nany moneys in or available for deposit in the fund, not to exceed the\nestimated reasonable cost of construction of the eligible project\nestablished in the loan or other financing agreement, as determined by\nthe corporation;\n  (e) administer the investment of funds held in accordance with such\nagreement, including funds of the recipient;\n  7. An agreement by the recipient to:\n  (a) proceed expeditiously with and complete the eligible project in\naccordance with plans approved;\n  (b) commence operation of the eligible project on completion of the\nproject, and not abandon, discontinue operation of, sell, transfer or\notherwise dispose of the eligible project as long as a loan or other\nfinancial assistance to the recipient for such project remains\noutstanding, without approval of the commissioner; provided, however,\nthat the commissioner shall not approve disposition of the eligible\nproject without the concurrent approval of the corporation. None of the\nforegoing shall limit the commissioner's authority to terminate or\nimpose conditions upon the operation of an eligible project pursuant to\nthe provisions of this chapter and any implementing regulations thereto;\n  (c) operate and maintain the eligible project in accordance with\napplicable requirements of federal and state law;\n  (d) establish and maintain project accounts in accordance with the\nfinancing agreement and generally accepted accounting standards;\n  (e) establish a dedicated source of revenue (which may include a\ngeneral obligation of the recipient) providing for:\n  (i) operation and maintenance costs of the eligible project and\nequipment renewal and replacement; and\n  (ii) loan repayment regardless of whether the eligible project is in\noperation;\n  (f) notwithstanding the provisions of any other law, general, special\nor local, inconsistent with this section, delegate to the corporation\nthe authority to invest proceeds of bonds or notes issued by the\ncorporation or the recipient on behalf of the recipient; and\n  (g) permit any reviews or audits and provide assistance determined to\nbe reasonable and necessary by the department or the corporation;\n  8. Such other agreements or covenants as may be deemed necessary or\ndesirable in connection with the issuance by the corporation of its\nbonds or notes.\n
N.Y. PBA Law § 1680-E — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-E
State university athletic facilities
Status: in_force

§ 1680-e. State university athletic facilities. 1. The authority may\ndesign, acquire, construct, reconstruct, rehabilitate, improve or\notherwise provide, furnish and equip a state university athletic\nfacility and for that purpose may issue its bonds in accordance with the\nprovisions of this article.\n  2. The state shall annually appropriate to the authority and on June\ntenth and December tenth of each year pay to or upon the order of the\nauthority on account of state university athletic facilities the sum of:\n  (a) the interest on bonds issued in connection with state university\nathletic facilities payable on the interest payment date next succeeding\nsuch June tenth or December tenth;\n  (b) one-half of the principal or sinking fund installments of such\nbonds payable on the July first next succeeding such June tenth or\nDecember tenth;\n  (c) the amount required by the agreement of the authority with the\nholders of such bonds to be paid to maintain or restore any reserve fund\nto the requirement for such reserve fund; and\n  (d) one-half of the fees, expenses, administrative costs and overhead\nof the authority incurred or to be incurred in connection with or\nallocated to state university athletic facilities or bonds issued in\nconnection therewith, including amounts, if any, to be rebated to the\ndepartment of the treasury of the United States of America pursuant to\nthe internal revenue code of 1986, as amended, or the regulations\nadopted thereunder.\n  The amount of money required to be paid pursuant to this subdivision\nshall be determined from the report required to be submitted by the\nauthority pursuant to subdivision five of this section.\n  The state shall receive a credit against the payments required to be\nmade pursuant to paragraphs (a) and (b) of this subdivision in an amount\nequal to the amount by which the amount in the debt service fund\nestablished pursuant to the agreement of the authority and the holders\nof bonds issued in connection with state university athletic facilities\non the date of any such payment is to be made exceeds the amount\nrequired pursuant to such resolution to be on deposit in such fund or\nrequired to pay the purchase price or redemption price, including\naccrued interest to the date of purchase or redemption, of bonds\noutstanding theretofore contracted to be purchased or called for\nredemption.\n  3. Any payments to be made by the state may be pledged and assigned by\nthe authority to secure the payment of the principal of and interest on\nbonds issued by the authority to finance the cost of the design and\nconstruction of a state university athletic facility and other costs and\nnecessary or incidental expenses related thereto. The right of the\nauthority to receive the payment of amounts appropriated shall be\nenforceable by the authority. All public officers are authorized and\nrequired to pay all such money due to the authority to the authority or\nits designee pursuant to a certificate filed with any such public\nofficer pursuant to the provisions of this subdivision.\n  4. The state university of New York may, with respect to such state\nuniversity athletic facility, transfer title or grant any other real\nproperty interests or rights to the authority, and the authority may\ntransfer title or grant any other real property interests to the state\nuniversity of New York.\n  5. Not later than one hundred twenty days prior to the beginning of\nthe fiscal year of the state, the authority shall submit to the director\nof the budget, the state comptroller, the chairperson of the senate\nfinance committee and the chairperson of the assembly ways and means\ncommittee, a report setting forth in connection with a state university\nathletic facility the following:\n  (a) the principal and sinking fund installments of and interest on\nbonds issued in connection with state university athletic facilities,\npayable during the next succeeding fiscal year of the state;\n  (b) the amount required to be paid during the next succeeding fiscal\nyear of the state pursuant to the agreement of the authority with the\nholders of such bonds to restore or maintain any reserve fund\nestablished pursuant to such agreement; and\n  (c) the fees, expenses, administrative costs and overhead estimated by\nthe authority to be incurred by it during the next succeeding fiscal\nyear of the state in connection with or to be allocated during the next\nsucceeding fiscal year of the state to state university athletic\nfacilities or bonds issued in connection therewith, including amounts,\nif any, to be rebated to the department of the treasury of the United\nStates of America pursuant to the internal revenue code of 1986, as\namended, or the regulations adopted thereunder.\n  The report submitted by the authority pursuant to this subdivision may\nbe amended from time to time prior to any date on which payment is\nrequired to be made by the state pursuant to subdivision two of this\nsection.\n  6. The state university trustees shall, notwithstanding any other\nprovision of law, be empowered to allow employees, representatives,\nagents of, and persons or entities under contract to the authority to\nenter upon the campus of the state university of New York at Buffalo for\npurposes of managing the acquisition, design, construction,\nreconstruction, rehabilitation, improvement, furnishing and equipping of\nthe state university athletic facility, including, but not limited to,\nthe connection of such facility with the existing infrastructure of the\ncampus. Upon the determination by the authority that the right to enter\nupon the campus of the state university of New York at Buffalo created\nhereunder is no longer necessary for such acquisition, design,\nconstruction, reconstruction, rehabilitation, improvement, furnishing or\nequipping of such state university athletic facility by the authority,\nthe authority shall relinquish its right established hereunder to enter\nupon the campus of the state university of New York at Buffalo. The\nauthority shall have the power to enter into agreements with\nindividuals, partnerships, corporations or any other entity in order to\ntake whatever actions are necessary to carry out the provisions of this\nsection.\n  7. Notwithstanding any other provision of this section, or any other\nprovision of law, funds for any payments to the authority on account of\na state university athletic facility shall be paid exclusively from\nappropriations intended for this purpose.\n  8. The authority shall not issue its bonds to finance the design,\nconstruction, reconstruction, rehabilitation, improvement, furnishing\nand equipping of a state university athletic facility in an aggregate\nprincipal amount greater than twenty-two million dollars; provided,\nhowever, that, in addition to such bonds, the authority may issue an\naggregate principal amount of bonds sufficient to fund any reserve funds\nestablished in connection therewith to pay the costs incurred in\nconnection with the issuance of any of such bonds and the cost of the\nmanagement of the design and construction of the state university\nathletic facility.\n  9. With respect to the financing, design, acquisition, construction,\nreconstruction, rehabilitation, improvement, or otherwise providing,\nfurnishing and equipping of a state university athletic facility, any\nmember, officer or employee of the authority is deemed to be an employee\nas such term is defined in and for all of the purposes of the provisions\nof section seventeen of the public officers law, which shall be\napplicable to any such member, officer or employee.\n  10. If a state university athletic facility or part thereof is taken\nby eminent domain or condemnation, or damaged or destroyed, then and in\nsuch event:\n  (a) if, within one hundred twenty days from the occurrence, the state\nuniversity of New York notifies the authority in writing of its\nintention to replace or restore such state university athletic facility,\nthe state university of New York shall proceed to replace or restore\nsuch state university athletic facility, including all fixtures,\nfurniture, equipment and effects, to its original condition insofar as\npossible. The moneys required for such replacement or restoration shall\nbe paid from the proceeds of any condemnation award or insurance\nreceived by reason of such occurrence and, to the extent that such\nproceeds are not sufficient, from any moneys available therefor in any\nfund established pursuant to the agreement of the authority with the\nholders of bonds issued in connection with a state university athletic\nfacility, if any, or from moneys to be provided by the state university\nof New York; or\n  (b) if the authority has not within such one hundred twenty day period\nbeen notified in writing of the intention of the state university of New\nYork to restore or replace such state university athletic facility, the\ndormitory authority in its discretion may determine that such state\nuniversity athletic facility has been abandoned and is no longer useful\nor necessary in the operation of the state university of New York. In\nsuch event, the proceeds of any condemnation award or insurance received\nby reason of such occurrence shall be applied and paid in the manner and\norder of priority as provided in such agreement with the holders of such\nbonds.\n
N.Y. PBA Law § 1680-G — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-G
Child care facilities development program; authority financing of eligible child care facilities development projects
Status: in_force

§ 1680-g. Child care facilities development program; authority\nfinancing of eligible child care facilities development projects. 1. The\ndormitory authority is hereby authorized to finance eligible child care\nfacilities development projects which are intended to serve the needs of\nlow-income working families or an area with demonstrated child care need\nor to provide care for children through the age of twelve years and\nenrolled in school following the completion of the school day or the\nschool year.  Such projects shall be used as licensed or registered\nforms of child care for a period of at least ten years with an average\nof twenty-five percent of its available child care slots set aside for\nfamilies eligible for low-income child care subsidies or for referrals\nof low-income or public assistance families from local social services\ndistricts. Such project shall have a useful life of at least ten years.\n  2. (a) Notwithstanding the provisions of any general or special law to\nthe contrary, and subject to the making of annual appropriations\ntherefor by the legislature, in order to assist the dormitory authority\nin providing for the financing of eligible child care facilities\ndevelopment projects, the director of the budget is authorized in any\nstate fiscal year commencing April first, nineteen hundred ninety-nine\nor any state fiscal year thereafter to enter into one or more service\ncontracts, none of which shall exceed thirty years in duration, with the\ndormitory authority, upon such terms as the director of the budget and\nthe dormitory authority agree.\n  (b) Any service contract entered into pursuant to paragraph (a) of\nthis subdivision or any payments made or to be made thereunder may be\nassigned and pledged by the dormitory authority as security for its\nbonds, notes, or other obligations.\n  (c) Any such service contracts shall provide that the obligation of\nthe director 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 monies are available and that no liability\nshall be incurred by the state beyond the monies available for the\npurpose, and that such obligation is subject to annual appropriations by\nthe legislature.\n  (d) Any service contract or contracts entered into pursuant to this\nsubdivision shall provide for state commitments to provide annually to\nthe dormitory 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 payments required for any bonds,\nnotes, or other obligations of the dormitory authority issued pursuant\nto this section.\n  3. The dormitory authority in conjunction with the office of children\nand family services shall develop a request for applications soliciting\npotential applicants seeking assistance for the development of licensed\nchild care center projects. The office of children and family services\nshall receive, initially review, and assess applications to determine\nwhich projects should be referred to the authority and to rank by groups\nthe referred projects according to the capacity of such projects to meet\nidentified needs for child care. In assessing such applications, the\noffice of children and family services shall consider:\n  (a) the needs for child care services in the area;\n  (b) the potential viability for a child care center to succeed in the\narea;\n  (c) the qualifications of the proposed provider to operate the\nproposed child care center;\n  (d) the potential for meeting applicable regulatory requirements;\n  (e) the appropriateness of the site for licensing as a child care\ncenter; and\n  (f) such other matters as the office of children and family services\ndetermines necessary to properly and completely evaluate an application.\n  Upon the timely completion of the office of children and family\nservices' initial review and selection of applications meeting criteria,\nthe office shall submit such selected applications and the group\nrankings of such applications to the dormitory authority which shall\nselect grant recipients.\n  4. (a) The dormitory authority shall, from any appropriations made\navailable for this purpose, establish a child care facilities\ndevelopment program that shall offer child care facilities development\ngrants pursuant to paragraphs (d), (e) and (f) of this subdivision.\n  (b) Financing for child care facilities development projects\nauthorized pursuant to this section shall only be made upon the\ndetermination by the authority, in consultation with the office of\nchildren and family services, that such a center or school-age program\nwill increase supply and access to child care. Such centers or\nschool-age programs shall demonstrate the potential to obtain from the\noffice of children and family services and other appropriate\ngovernmental agencies, all necessary approvals, licenses, and other\nsupports to operate the center.\n  (c) Such financing shall consist of grants for the establishment,\nexpansion, and development of licensed child care centers.\n  (d) Grants shall be used for general project development costs,\nincluding but not limited to: (i) the acquisition, design, construction,\nimprovement, or renovation of the site, and (ii) the purchase of\nnecessary equipment.\n  (e) For the purposes of this subdivision, grants shall not exceed\nninety percent of the total project costs. Child care facilities\ndevelopment grants shall not be limited to funds appropriated therefor\nand may consist of monies from any source, public or private, made\navailable for such grants.\n  (f) Child care facilities development grants awarded pursuant to this\nsection shall be available for not-for-profit child care facilities\ndevelopment projects owned or to be owned by not-for-profit corporations\nfor use as child day care centers that will be duly approved, licensed,\ninspected, supervised, and regulated as may be determined to be\nnecessary and appropriate by the authority.\n  5. (a) To obtain funds for the purposes of this section, the authority\nshall have power from time to time to issue negotiable bonds or notes.\nUnless the context shall clearly indicate otherwise, whenever the words\n"bond" or "bonds" are used in this section, such words shall include a\nnote or notes of the authority.\n  (b) The dormitory authority shall not issue any bonds or notes in an\namount in excess of thirty million dollars for the purposes of this\nsection; excluding bonds or notes issued to fund one or more debt\nservice reserve funds, to pay costs of issuance of such bonds, and bonds\nor notes issued to refund or otherwise repay such bonds or notes\npreviously issued. Except for purposes of complying with the internal\nrevenue code, any interest on bond proceeds shall only be used to pay\ndebt service on such bonds.\n  (c) In computing for the purposes of paragraph (b) of this\nsubdivision, the aggregate amount of indebtedness evidenced by bonds and\nnotes of the dormitory authority issued pursuant to this title, there\nshall be excluded the amount of such indebtedness represented by such\nbonds or notes issued to refund or otherwise repay bonds or notes,\nprovided that the amount so excluded under this paragraph may exceed the\nprincipal amount of such bonds or notes that were issued to refund or\notherwise repay only if the present value of the aggregate debt service\non the refunding or repayment bonds or notes shall not have at the time\nof their issuance exceeded the present value of the aggregate debt\nservice of the bonds or notes they were issued to refund or repay, such\npresent value in each case being calculated by using the effective\ninterest rate of the refunding or repayment bonds or notes, which shall\nbe that rate arrived at by doubling the semi-annual interest rate\n(compounded semi-annually) necessary to discount the debt service\npayments on the refunding or repayment bonds or notes from the payment\ndate thereof to the date of issue of the refunding or repayment bonds or\nnotes and to the price bid therefor, or to the proceeds received by the\ndormitory authority from the sale thereof, in each case including\nestimated accrued interest.\n  (d) 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, subject to the\nprovisions of subparagraph (c) of subdivision two of this section,\nrepeal, revoke, rescind, modify or amend the provisions of this section\nwhich relate to the making of annual service contract payments to the\nauthority with respect to such bonds as to limit, impair or impede the\nrights and remedies granted to bondholders under this title or otherwise\ndiminish the security pledged to such purchasers, holders and owners or\nsignificantly impair the prospect of payment of any such bond.\n
N.Y. GOB Law § 5-417 — New York Code / Act GOB / Article 5 / Title 4 / Section 5-417
Contracts, agreements and securities on account of raffling, void
Status: in_force

§ 5-417. Contracts, agreements and securities on account of raffling,\nvoid. All contracts, agreements and securities given, made or executed,\nfor or on account of any raffle, or distribution of money, goods or\nthings in action, for the payment of any money, or other valuable thing,\nin consideration of a chance in such raffle or distribution, or for the\ndelivery of any money, goods or things in action, so raffled for, or\nagreed to be distributed as aforesaid, shall be utterly void.\n
N.Y. RPT Law § 561 — New York Code / Act RPT / Article 5 / Title 4 / Section 561
Payments in lieu of taxes; change of assessment; effective date
Status: in_force

§ 561. Payments in lieu of taxes; change of assessment; effective\ndate. Notwithstanding any other provision of law, for any payment in\nlieu of taxes agreement entered into on or after the effective date of\nthis section, when the assessment of a property making payments in lieu\nof taxes is challenged through the grievance process, any reduction in\npayments in lieu of taxes made to a school district resulting from such\nchallenge shall not take effect until the following taxable status year.\n
N.Y. PBA Law § 1078-A — New York Code / Act PBA / Article 5 / Title 4 / Section 1078-A
Sale of water
Status: in_force

§ 1078-a. Sale of water. The authority shall not refuse to sell water\nservice to residential tenants for the sole reason that the premises of\nsuch tenants receiving water service are rented.\n
N.Y. PBA Law § 3553 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3553
Roswell Park Cancer Institute corporation
Status: in_force

§ 3553. Roswell Park Cancer Institute corporation.  1.(a) There is\nhereby created a corporation to be known as the Roswell Park Cancer\nInstitute corporation which shall be a body corporate and politic\nconstituting a public corporation.\n  (b) The corporation shall be governed by fifteen voting directors two\nof whom shall be the commissioner of health who shall serve ex-officio\nand the president of the corporation who shall serve ex-officio.  Seven\ndirectors shall be appointed by the governor, two directors shall be\nappointed by the majority leader of the senate, two directors shall be\nappointed by the speaker of the assembly, one director shall be\nappointed by the minority leader of the senate and one director shall be\nappointed by the minority leader of the assembly.\n  (c) The terms of the directors, other than the commissioner of health\nand the president of the corporation, shall be three years, provided,\nhowever, that the initial terms of the directors shall be as follows:\n  (i) four of the directors appointed by the governor, five years;\n  (ii) three of the directors appointed by the governor, four years;\n  (iii) one of the directors appointed by the senate majority leader and\none of the directors appointed by the speaker of the assembly, five\nyears;\n  (iv) one of the directors appointed by the senate majority leader and\none of the directors appointed by the speaker of the assembly, four\nyears; and\n  (v) the directors appointed by the senate and the assembly minority\nleaders, three years. The commissioner of health and the president of\nthe corporation shall serve as directors, ex-officio, only for so long\nas they shall occupy such offices.\n  2. (a) All directors shall hold office until their successors are\nappointed and qualify.\n  (b) Vacancies occurring otherwise than by expiration of term of office\nshall be filled for the unexpired terms in the manner provided for\noriginal appointment.\n  (c) The directors of the corporation shall receive no compensation for\ntheir services as directors, but shall be reimbursed for all their\nactual and necessary expenses incurred in connection with the carrying\nout of the purposes of this title.\n  (d)  The president of the corporation, sitting as director, shall not\nhave any vote respecting the compensation or benefits to be paid to him\nor her.\n  (e)  Notwithstanding any inconsistent provision of any general,\nspecial or local law, ordinance, resolution or charter, no officer,\nmember or employee of the state or of any public corporation shall\nforfeit his or her office or employment by reason of his or her\nacceptance of appointment as a director of the corporation, nor shall\nservice as such a director be deemed incompatible or in conflict with\nsuch office or employment.\n  3. (a) The chairperson of the board of directors shall be appointed by\nthe governor; the president of the corporation shall not serve as\nchairperson.\n  (b) The powers of the corporation shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof eight directors is present.  No action shall be taken by the\ncorporation except pursuant to the favorable vote of at least eight\ndirectors present at the meeting at which such action is taken.\n  (c)  Any action required or permitted to be taken by the board or any\ncommittee thereof may be taken without a meeting if all members of the\nboard or the committee consent in writing to the adoption of a\nresolution authorizing the action.  The resolution and the written\nconsents thereto by the members of the board or committee shall be filed\nwith the minutes of the proceedings of the board or committee.\n  (d)  The members of the board or any committee thereof may participate\nin a meeting of such board or committee by means of a conference\ntelephone or similar communications equipment allowing all persons\nparticipating in the meeting to hear each other at the same time;\nparticipation by such means shall constitute presence in person at a\nmeeting.\n  (e) The board of directors shall establish a subcommittee of the board\nresponsible for inspections of and investigations within the Roswell\nPark Cancer Institute, and such subcommittee shall not include the\npresident of the corporation nor the commissioner of health.\n  4. The directors shall select and shall determine the salary and\nbenefits of the president of the corporation. The directors shall have\nthe authority to discharge the president with or without cause;\nprovided, however, that removal without cause shall not prejudice the\ncontract rights, if any, of the president.\n  5. The corporation shall have a president, a secretary, a treasurer,\nand such other officers as the board shall from time-to-time provide;\nsuch officers shall exercise the duties provided by the board or by this\nchapter.\n  6.  The corporation and its corporate existence shall continue until\nterminated by law, provided, however, that no such termination shall\ntake effect so long as the corporation shall have bonds or other\nobligations outstanding unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe corporation, all of the rights and properties of the corporation\nthen remaining shall pass to and vest in the state in such manner as\nprescribed by law.\n  7.  The corporation may avail itself of the procedures prescribed\nunder section one hundred four of the general municipal law for the\nutilization of the terms of state contracts, and the corporation may\nutilize the terms of a federal government general services contract\nwhere the terms are to the advantage of the corporation and have been\noffered to the corporation by the contractor.\n  8. (a) For purposes of applying section eighty-seven of the public\nofficers law to the corporation or its subsidiaries, the term "trade\nsecrets" shall include marketing strategy or strategic marketing plans,\nanalyses, evaluations and pricing strategies or pricing commitments of\nthe corporation, relating to business development including strategic\nalliances and contracts for managed care and other network arrangements,\ncapitation contracts, and other similar arrangements, which, if\ndisclosed, would be likely to injure the competitive position of the\ncorporation.\n  (b) In addition to the matters listed in section one hundred five of\nthe public officers law, the corporation may conduct an executive\nsession for the purpose of considering marketing strategy or strategic\nmarketing plans, analyses, evaluations and pricing strategies or pricing\ncommitments of the corporation, relating to business development\nincluding strategic alliances and contracts for managed care and other\nnetwork arrangements, capitation contracts, and other similar\narrangements relating to business development, which, if disclosed,\nwould be likely to injure the competitive position of the corporation.\n
N.Y. PBH Law § 368 — New York Code / Act PBH / Article 3 / Title 4 / Section 368
Certain cities; advisory board; appointment; compensation
Status: in_force

§ 368. Certain cities; advisory board; appointment; compensation. 1.\nIn cities having a population of less than one hundred seventy-five\nthousand, the mayor may appoint, and at his pleasure remove five\nresident and practicing physicians of the city who shall act as an\nadvisory board to the mayor or commissioner of health or health officer\nupon matters pertaining to public health whenever requested by such\nmayor, commissioner, or health officer.\n  2. The members of such advisory board shall serve without\ncompensation.\n
N.Y. PBH Law § 4659*2 — New York Code / Act PBH / Article 46-B / Title 4 / Section 4659*2
Individualized service plan
Status: in_force

* § 4659. Individualized service plan. 1. A written individualized\nservice plan shall be developed for each resident of an assisted living\nresidence upon admission.\n  2. The individualized service plan shall be developed with the\nresident, the resident's representative and resident's legal\nrepresentative if any, the assisted living operator, and if necessary a\nhome care services agency. The initial individualized service plan shall\nbe developed in consultation with the resident's physician; provided\nsuch consultation is documented in writing by the residence. If a\nresident is determined by his or her physician not to be in need of home\ncare services, the participation of a home care services agency in an\nevaluation conducted pursuant to this subdivision shall not be\nnecessary.\n  3. The individualized service plan shall be developed in accordance\nwith the medical, nutritional, rehabilitation, functional, cognitive and\nother needs of the resident.\n  4. The individualized service plan shall include the services to be\nprovided, and how and by whom services will be provided and accessed.\n  5. The individualized service plan shall be reviewed and revised as\nfrequently as necessary to reflect the changing care needs of the\nresident, but no less frequently than every six months. To the extent\nnecessary, such review and revision shall be undertaken in consultation\nwith the resident's physician.\n  * NB There are 2 § 4659's\n
N.Y. SOS Law § 79 — New York Code / Act SOS / Article 3 / Title 4 / Section 79
Plan for the homeless
Status: in_force

§ 79. Plan for the homeless. The mayor of New York city shall submit\nto the legislature and the governor a copy of the revised and updated\nfive-year plan for housing the homeless in New York city which is\nrequired under section 21-121 of the administrative code of the city of\nNew York, no later than February fourteenth of each year.\n
N.Y. RSS Law § 31-D — New York Code / Act RSS / Article 2 / Title 4 / Section 31-D
Participation by the Pioneer Library System
Status: in_force

§ 31-d. Participation by the Pioneer Library System.  a. The Pioneer\nLibrary System may, by resolution adopted by its board of trustees and\napproved by the comptroller, elect to participate in the retirement\nsystem. Acceptance of its employees for membership in the retirement\nsystem shall be optional with the comptroller, who shall determine the\namounts of contribution payable by such system and its employees, shall\nresolve questions of credit for prior service, and shall in all other\nrespects assure that such employees share the same rights, obligations\nand benefits as other members of the retirement system.\n  b. The officers and employees of such system shall be credited with\nsuch periods of prior service as shall be certified by such system for\nservice rendered to it, or the state, or in any other capacity approved\nby such system and the comptroller.  Service for such system after the\ndate on which it commences to participate in the retirement system shall\nbe considered as member service. An officer or employee of such system\nwho, as of the date he or she is so approved for membership in the\nretirement system, is already a member thereof, shall not have his or\nher total credit reduced by such approval. Any reserve held on account\nof any such officer or employee in the pension accumulation fund shall\nbe used as an offset against the deficiency contribution payable\nthereafter by such system on account of such officer or employee for any\nprior service credit and any such previous credit.\n
N.Y. ENV Law § 25-0403 — New York Code / Act ENV / Article 25 / Title 4 / Section 25-0403
Granting of permits
Status: in_force

§ 25-0403. Granting of permits.\n  1. In granting, denying or limiting any permit under this act, the\ncommissioner shall consider the compatibility of the proposed activity\nwith reference to the public health and welfare, marine fisheries,\nshellfisheries, wildlife, flood and hurricane and storm dangers, and the\nland-use regulations promulgated pursuant to section 25-0302 of this\nact.\n  2. Notice that the state or any agency or subdivision thereof is in\nthe process of acquisition of any tidal wetlands by negotiation or\ncondemnation shall be sufficient basis for denial of any permit under\nthis section.\n  3. In granting a permit, the commissioner may impose such conditions\nor limitations as may be necessary to carry out the public policy set\nforth in this act. The commissioner may require a bond in an amount and\nwith surety and conditions satisfactory to him securing to the state\ncompliance with the conditions and limitations set forth in the permit.\n
N.Y. EDN Law § 3006-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3006-A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ...
Status: in_force

§ 3006-a. Registration and continuing teacher and leader education\nrequirements for holders of professional certificates in the classroom\nteaching service, holders of level III teaching assistant certificates,\nholders of professional certificates in the educational leadership\nservice. 1. a. Commencing with the two thousand sixteen--two thousand\nseventeen school year, each holder of a professional certificate in the\nclassroom teaching service, holder of a level III teaching assistant\ncertificate and holder of a professional certificate in the educational\nleadership service shall be required to register every five years with\nthe department to practice in the state and shall comply with the\nprovisions of the continuing teacher and leader education requirements\nset forth in this section.\n  b. Any of the certified individuals described in paragraph a of this\nsubdivision who do not satisfy the continuing teacher and leader\neducation requirements shall not practice until they have met such\nrequirements and have been issued a registration or conditional\nregistration certificate.\n  c. In accordance with the intent of this section, adjustments to the\ncontinuing teacher and leader education requirement may be granted by\nthe department for reasons of health certified by a health care\nprovider, for extended active duty with armed forces of the United\nStates, or for other good cause acceptable to the department which may\nprevent compliance.\n  d. Any certificate holder who is not practicing as a teacher, teaching\nassistant or educational leader in a school district, board of\ncooperative educational services, or nonpublic school that is providing\ninstruction pursuant to subdivision two of section thirty-two hundred\nfour of this title in this state shall be exempt from the continuing\nteacher and leader education requirement upon the filing of a written\nstatement with the department declaring such status. Any holder of a\nprofessional certificate in the classroom teaching service, holder of a\nlevel III teaching assistant certificate and holder of a professional\ncertificate in the educational leadership service who resumes practice\nduring the five-year registration period shall notify the department\nprior to resuming practice and shall meet such continuing teacher and\nleader education requirements as prescribed in regulations of the\ncommissioner.\n  2. a. During each five-year registration period beginning on or after\nJuly first, two thousand sixteen, an applicant for registration shall\nsuccessfully complete a minimum of one hundred hours of continuing\nteacher and leader education, as defined by the commissioner. The\ndepartment shall issue rigorous standards for courses, programs, and\nactivities, that shall qualify as continuing teacher and leader\neducation pursuant to this section. For purposes of this section, a peer\nreview teacher, or a principal acting as an independent trained\nevaluator, conducting a classroom observation as part of the teacher\nevaluation system pursuant to section three thousand twelve-d of this\narticle may credit such time towards his or her continuing teacher and\nleader effectiveness requirements.\n  b. Nothing in this section shall limit the ability of local school\ndistricts to agree pursuant to collective bargaining to additional hours\nof professional development or continuing teacher or leader education\nabove the minimum requirements set forth in this section.\n  c. A certified individual who has not satisfied the continuing teacher\nand leader education requirements shall not be issued a five-year\nregistration certificate by the department and shall not practice unless\nand until a registration or conditional registration certificate is\nissued as provided in subdivision three of this section. For purposes of\nthis subdivision, "continuing teacher and leader education requirements"\nshall mean activities designed to improve the teacher or leader's\npedagogical and/or leadership skills, targeted at improving student\nperformance, including but not limited to formal continuing teacher and\nleader education activities. Such activities shall promote the\nprofessionalization of teaching and be closely aligned to district goals\nfor student performance which meet the standards prescribed by\nregulations of the commissioner. To fulfill the continuing teacher and\nleader education requirement, programs must be taken from sponsors\napproved by the department, which shall include but not be limited to\nschool districts, pursuant to the regulations of the commissioner.\n  3. The department, in its discretion, may issue a conditional\nregistration to a teacher, teaching assistant or educational leader in a\nschool district, board of cooperative educational services, or nonpublic\nschool that is providing instruction pursuant to subdivision two of\nsection thirty-two hundred four of this title in this state who fails to\nmeet the continuing teacher and leader education requirements\nestablished in subdivision two of this section but who agrees to make up\nany deficiencies and take any additional continuing teacher and leader\neducation which the department may require. The duration of such\nconditional registration shall be determined by the department. Any\nholder of a professional certificate in the classroom teaching service,\nholder of a level III teaching assistant certificate or holder of a\nprofessional certificate in the educational leadership service and any\nother certified individual required by the commissioner to register\nevery five years who is notified of the denial of registration for\nfailure to submit evidence, satisfactory to the department, of required\ncontinuing teacher and leader education and who practices without such\nregistration, shall be subject to moral character review under\nsubdivision seven of section three hundred five of this chapter.\n
N.Y. EDN Law § 3234 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3234
Enforcement; withholding state moneys by commissioner of education
Status: in_force

§ 3234. Enforcement; withholding state moneys by commissioner of\neducation.  1. The commissioner of education shall supervise the\nenforcement of part one of this article and he may withhold one-half of\nall public school moneys from any city or district, which, in his\njudgment, wilfully omits and refuses to enforce the provisions of part\none of this article, after due notice, so often and so long as such\nwilful omission and refusal shall, in his judgment, occur, or continue.\n  2. If the provisions of part one of this article are complied with at\nany time within one year from the date on which said moneys were\nwithheld, the money so withheld shall be paid over by said commissioner\nof education to such district or city, otherwise forfeited to the state.\n
N.Y. VAT Law § 404-T — New York Code / Act VAT / Title 4 / Article 14 / Section 404-T
Distinctive marine and coastal district of New York license plates
Status: in_force

* § 404-t. Distinctive marine and coastal district of New York license\nplates. 1. Any person residing in this state shall, upon request, be\nissued a distinctive marine and coastal district of New York license\nplate in support of conservation, education, and research projects\nrelating to such district, as described in section 13-0103 of the\nenvironmental conservation law. The design of such distinctive plate\nshall be developed by the commissioner in consultation with the\ncommissioner of the department of environmental conservation and the\ncommissioner of the department of economic development. Application for\nsaid license plate shall be filed with the commissioner in such form and\ndetail as the commissioner shall prescribe.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon the payment of the\nregular registration fee prescribed by section four hundred one of this\narticle provided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plate. All monies received\nfor the annual service charge pursuant to this section shall be\ndeposited to the credit of the marine and coastal district of New York\nconservation, education, and research fund established pursuant to\nsection ninety-five-c of the state finance law and shall be used for\nconservation, education, and research projects approved by the marine\nand coastal district of New York conservation, education, and research\nboard established pursuant to section 13-0503 of the environmental\nconservation law. Provided, however, that one year after the effective\ndate of this section, funds in the amount of six thousand dollars, or so\nmuch thereof as may be available, shall be allocated from such fund to\nthe department to offset costs associated with the production of such\nlicense plates.\n  * NB There are 3 § 404-t's\n
N.Y. ENV Law § 25-0401 — New York Code / Act ENV / Article 25 / Title 4 / Section 25-0401
Regulated activities
Status: in_force

§ 25-0401. Regulated activities.\n  1. After completion of the inventory prescribed in title 2 of this\narticle with respect to any tidal wetland, no person may conduct any of\nthe activities set forth in subdivision 2 of this section unless he has\nobtained a permit from the commissioner to do so. The permit issued by\nthe commissioner shall be in addition to, and not in lieu of, such\npermit or permits as may be required by any municipality within whose\nboundary such wetland or portion thereof is located.\n  2. Activities subject to regulation hereunder include any form of\ndraining, dredging, excavation, and removal either directly or\nindirectly, of soil, mud, sand, shells, gravel or other aggregate from\nany tidal wetland; any form of dumping, filling, or depositing, either\ndirectly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,\nor fill of any kind; the erection of any structures or roads, the\ndriving of any pilings or placing of any other obstructions, whether or\nnot changing the ebb and flow of the tide, and any other activity within\nor immediately adjacent to inventoried wetlands which may substantially\nimpair or alter the natural condition of the tidal wetland area.\n  3. The depositing or removal of the natural products of the tidal\nwetlands by recreational or commercial fishing, shellfishing,\naquaculture, hunting or trapping, shall be excluded from regulation\nhereunder, where otherwise legally permitted.\n  4. Activities, orders, and regulations of the department of health or\nof units of local government with respect to matters of public health\nshall be excluded from regulation hereunder, except as hereinafter\nprovided. Copies of all such public health orders and regulations\naffecting tidal wetlands shall be filed with the department of\nenvironmental conservation. The commissioner may require modification of\nsuch orders or regulations if he deems it necessary to implement the\npolicy of this act.\n  5. The commissioner shall review all current mosquito control projects\nto determine whether they are having any adverse impact on tidal\nwetlands. Where any adverse impact is found, the commissioner following\na public hearing, may require modification of such projects if he deems\nit necessary to implement the policy of this act.\n  6. Where the dredging or filling is in the navigable waters of the\nstate or is for the reconstruction or repair of certain dams and docks,\nand where such activity also substantially affects tidal wetlands, any\nperson undertaking such activity must seek permission under this act as\nwell as under any other applicable law.\n
N.Y. VAT Law § 472 — New York Code / Act VAT / Title 4 / Article 17-A / Section 472
Separability
Status: in_force

§ 472. Separability. If any part or provision of this article or the\napplication thereof to any person or circumstance be adjudged invalid by\nany court of competent jurisdiction, such judgment shall be confined in\nits operation to the part, provision or application directly involved in\nthe controversy in which such judgment shall have been rendered and\nshall not affect or impair the validity of the remainder of this article\nor the application thereof to other persons or circumstances.\n
N.Y. EDN Law § 3012 — New York Code / Act EDN / Title 4 / Article 61 / Section 3012
Tenure: certain school districts
Status: in_force

§ 3012. Tenure: certain school districts. 1. (a) i. Teachers and all\nother members of the teaching staff of school districts, including\ncommon school districts and/or school districts employing fewer than\neight teachers, other than city school districts, who are appointed\nprior to July first, two thousand fifteen, shall be appointed by the\nboard of education, or the trustees of common school districts, upon the\nrecommendation of the superintendent of schools, for a probationary\nperiod of three years, except that in the case of a teacher who has\nrendered satisfactory service as a regular substitute for a period of\ntwo years or as a seasonally licensed per session teacher of swimming in\nday schools who has served in that capacity for a period of two years\nand has been appointed to teach the same subject in day schools, on an\nannual salary, the probationary period shall be limited to one year;\nprovided, however, that in the case of a teacher who has been appointed\non tenure in another school district within the state, the school\ndistrict where currently employed, or a board of cooperative educational\nservices, and who was not dismissed from such district or board as a\nresult of charges brought pursuant to subdivision one of section three\nthousand twenty-a of this article, the probationary period shall not\nexceed two years. The service of a person appointed to any of such\npositions may be discontinued at any time during such probationary\nperiod, on the recommendation of the superintendent of schools, by a\nmajority vote of the board of education or the trustees of a common\nschool district.\n  ii. Teachers and all other members of the teaching staff of school\ndistricts, including common school districts and/or school districts\nemploying fewer than eight teachers, other than city school districts,\nwho are appointed on or after July first, two thousand fifteen, shall be\nappointed by the board of education, or the trustees of common school\ndistricts, upon the recommendation of the superintendent of schools, for\na probationary period of four years, except that in the case of a\nteacher who has rendered satisfactory service as a regular substitute\nfor a period of up to two years or such teacher has rendered\nsatisfactory service as a seasonally licensed per session teacher of\nswimming in day schools who has served in that capacity for a period of\nup to two years and has been appointed to teach the same subject in day\nschools, on an annual salary, the teacher shall be appointed for a\nprobationary period of a minimum of two years, depending upon the length\nof the regular substitute service that shall shorten the length of the\nprobationary period; provided, however, that in the case of a teacher\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, or a board of\ncooperative educational services, and who was not dismissed from such\ndistrict or board as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a of this article, the teacher\nshall be appointed for a probationary period of three years. The service\nof a person appointed to any of such positions may be discontinued at\nany time during such probationary period, on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education\nor the trustees of a common school district.\n  (b) i. Principals, administrators, supervisors and all other members\nof the supervising staff of school districts, including common school\ndistricts and/or school districts employing fewer than eight teachers,\nother than city school districts, who are appointed prior to July first,\ntwo thousand fifteen, shall be appointed by the board of education, or\nthe trustees of a common school district, upon the recommendation of the\nsuperintendent of schools for a probationary period of three years. The\nservice of a person appointed to any of such positions may be\ndiscontinued at any time during the probationary period on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education or the trustees of a common school district.\n  ii. Principals, administrators, supervisors and all other members of\nthe supervising staff of school districts, including common school\ndistricts and/or school districts employing fewer than eight teachers,\nother than city school districts, who are appointed on or after July\nfirst, two thousand fifteen, shall be appointed by the board of\neducation, or the trustees of a common school district, upon the\nrecommendation of the superintendent of schools for a probationary\nperiod of four years; provided, however, that in the case of a\nprincipal, administrator, supervisor, or other member of the supervising\nstaff who has been appointed on tenure pursuant to this chapter as an\nadministrator within an authorized administrative tenure area in another\nschool district within the state, the school district where currently\nemployed, or a board of cooperative educational services, and who was\nnot dismissed from such district or board as a result of charges brought\npursuant to subdivision one of section three thousand twenty-a of this\narticle, the principal, administrator, supervisor or other member of the\nsupervising staff shall be appointed for a probationary period of three\nyears. The service of a person appointed to any of such positions may be\ndiscontinued at any time during the probationary period on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education or the trustees of a common school district.\n  (c) Any person previously appointed to tenure or a probationary period\npursuant to the provisions of former section three thousand thirteen of\nthis article shall continue to hold such position and be governed by the\nprovisions of this section notwithstanding any contrary provision of\nlaw.\n  2. (a) At the expiration of the probationary term of a person\nappointed for such term prior to July first, two thousand fifteen,\nsubject to the conditions of this section, the superintendent of schools\nshall make a written report to the board of education or the trustees of\na common school district recommending for appointment on tenure those\npersons who have been found competent, efficient and satisfactory. Such\npersons, and all others employed in the teaching service of the schools\nof such union free school district, common school district and/or school\ndistrict employing fewer than eight teachers, who have served the\nprobationary period as provided in this section, shall hold their\nrespective positions during good behavior and efficient and competent\nservice, and shall not be removed except for any of the following\ncauses, after a hearing, as provided by section three thousand twenty-a\nof this article:  (i) insubordination, immoral character or conduct\nunbecoming a teacher; (ii) inefficiency, incompetency, physical or\nmental disability, or neglect of duty; (iii) failure to maintain\ncertification as required by this chapter and by the regulations of the\ncommissioner. Each person who is not to be recommended for appointment\non tenure, shall be so notified by the superintendent of schools in\nwriting not later than sixty days immediately preceding the expiration\nof such person's probationary period.\n  (b) At the expiration of the probationary term of a person appointed\nfor such term on or after July first, two thousand fifteen, subject to\nthe conditions of this section, the superintendent of schools shall make\na written report to the board of education or the trustees of a common\nschool district recommending for appointment on tenure those persons who\nhave been found competent, efficient and satisfactory. Any person who\nhas acquired tenure shall, upon such person's effective tenure date,\nhold their position during good behavior and efficient and competent\nservice, and shall not be removable except for cause after a hearing as\nprovided by section three thousand twenty and section three thousand\ntwenty-a of this article. Failure to maintain certification as required\nby this chapter and the regulations of the commissioner shall constitute\ncause for removal.\n  3. Notwithstanding any other provision of this section no period in\nany school year for which there is no required service and/or for which\nno compensation is provided shall in any event constitute a break or\nsuspension of probationary period or continuity of tenure rights of any\nof the persons hereinabove described.\n