N.Y. EDN Law § 3638 — New York Code / Act EDN / Title 5 / Article 73 / Part 3 / Section 3638
Zero-emission school buses
Status: in_force

§ 3638. Zero-emission school buses. 1. For the purposes of this\nsection "zero-emission school bus" shall mean a school bus that: is\npropelled by an electric motor and associated power electronics which\nprovide acceleration torque to the drive wheels during normal vehicle\noperations and draws electricity from a hydrogen fuel cell or battery;\nor otherwise operates without direct emission of atmospheric pollutants.\n  2. (a) No later than July first, two thousand thirty-two, every school\ndistrict shall:\n  (i) only purchase or lease zero-emission school buses when purchasing\nor leasing new buses;\n  (ii) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only purchase or lease zero-emission school buses\nwhen purchasing or leasing new school buses; and\n  (iii) include requirements in any procurement for the manufacturing or\nretrofitting of a zero-emission school bus and charging or fueling\ninfrastructure that the components and parts used or supplied in the\nperformance of the contract or any subcontract thereto shall be produced\nor made in whole or substantial part in the United States, its\nterritories or possessions and that final assembly of the zero-emission\nschool bus and charging or fueling infrastructure shall occur in the\nUnited States, its territories or possessions.\n  (b) The commissioner, in consultation with the New York state energy\nresearch and development authority and office of general services, may\nwaive the contracting requirements set forth in subparagraph (iii) of\nparagraph (a) of this subdivision if the commissioner determines that\nthe requirements would not be in the public interest, would result in\nunreasonable costs, or that obtaining such zero-emission school buses\nand charging or fueling infrastructure components and parts in the\nUnited States would increase the cost of a school district's contract\nfor zero-emission school buses and charging or fueling infrastructure by\nan unreasonable amount, or such zero-emission school busses and charging\nor fueling infrastructure components and parts cannot be produced, made,\nor assembled in the United States in sufficient and reasonably available\nquantities or of satisfactory quality. Such determination must be made\non an annual basis no later than December thirty-first, after providing\nnotice and an opportunity for public comment, and be made publicly\navailable, in writing, on the department's website with a detailed\nexplanation of the findings leading to such determination. If the\ncommissioner has issued determinations for three consecutive years that\nno such waiver is warranted pursuant to this paragraph, then the\ncommissioner shall no longer be required to provide the annual\ndeterminations required by this paragraph.\n  3. No later than July first, two thousand forty, every school district\nshall:\n  (a) only operate and maintain zero-emission school buses; and\n  (b) include requirements in any procurement for school transportation\nservices that any contractors providing transportation services for the\nschool district must only operate zero-emission school buses when\nproviding such transportation services to the school district.\n  4. (a) A school district may apply to the commissioner, and the\ndepartment may grant a maximum of two extensions of up to twenty-four\nmonths each to comply with the requirements of subdivision two of this\nsection. The commissioner shall consider a school district's effort to\nmeet the requirements of subdivision two of this section and any other\nfactors outside of the control of the district when granting an\nextension, including but not limited to, procurement efforts made by the\nschool district, applications for state or federal funds, changes needed\nto school district operations to meet the requirements of this section,\nemployee training, receipt of technical assistance, market availability\nof zero-emission school buses or supporting infrastructure, and\navailability of state or federal funds. In order to receive a second\nextension pursuant to this paragraph, a school district must have at\nleast engaged with the New York state energy research and development\nauthority in the initiation and development of a fleet electrification\nplan.\n  The commissioner shall provide written notification to a school\ndistrict where such school district is granted an extension and shall\ndetail the grounds for granting such extension.\n  (b) The commissioner shall notify the New York state energy research\nand development authority when the first extension is granted to a\nschool district pursuant to paragraph (a) of this subdivision. The New\nYork state energy research and development authority or its designee\nshall meet with the school district at least annually during the\nextension period to provide technical assistance to address the grounds\ndetailed in the extension.\n  (c) The New York state energy research and development authority shall\nmake a recommendation to the commissioner if they determine a school\ndistrict has the capacity to fulfill the requirements of subdivision two\nof this section based on the fleet electrification technical assessment\nand shall notify the education department and the school district of\nsuch recommendation in writing. No school district may be granted an\nextension pursuant to paragraph (a) of this subdivision where the New\nYork state energy research and development authority has notified the\ncommissioner of their recommendation that such school district has the\ncapacity to fulfill the requirements of subdivision two of this section.\n  (d) The commissioner shall publish on the department's website no\nlater than December thirty-first, two thousand twenty-five the\napplication school districts must use to apply for extensions pursuant\nto paragraph (a) of this subdivision and the requirements school\ndistricts must meet to qualify for such extensions.\n  5. (a) Nothing in this section shall alter the rights or benefits, and\nprivileges, including, but not limited to terms and conditions of\nemployment, civil service status, and collective bargaining unit\nmembership, of any current employees of school districts or any entity\ncontracted to provide pupil transportation services, or services\nattendant thereto, including but not limited to drivers, attendants,\ndispatchers, and mechanics.\n  (b) Nothing in this section shall result in: (i) the discharge,\ndisplacement, or loss of position, including partial displacement such\nas a reduction in the hours of non-overtime work, wages, or employment\nbenefits; (ii) the impairment of existing collective bargaining\nagreements; (iii) the transfer of existing duties and functions; or (iv)\nthe transfer of future duties and functions, of any currently employed\nworker impacted by the proposed purchase or lease who agrees to be\nretrained.\n  (c) Prior to the beginning of the procurement process for new\nzero-emission school buses, omnibuses, vehicles, charging infrastructure\nor equipment, fueling infrastructure or equipment, or other equipment,\nthe school district, private school bus company, or other employer whose\nworkers provide pupil transportation services or services attendant\nthereto, shall create and implement a workforce development report that:\n(i) estimates the number of current positions that would be eliminated\nor substantially changed as a result of the purchase or lease, and the\nnumber of positions expected to be created at the school district,\nprivate school bus company or other employer whose workers provide pupil\ntransportation services or services attendant thereto by the proposed\npurchase or lease over the intended life of the proposed purchase or\nlease; (ii) identifies gaps in skills of its current workforce that are\nneeded to operate and maintain zero-emission school buses, omnibuses,\nvehicles, charging infrastructure or equipment, fueling infrastructure\nor equipment, or other equipment; (iii) includes a comprehensive plan to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease; and (iv) contains an estimated budget to\ntransition, train, or retrain employees that are impacted by the\nproposed purchase or lease.\n  (d) Nothing in this section shall: (i) limit rights of employees\npursuant to a collective bargaining agreement, or (ii) alter the\nexisting representational relationships among collective bargaining\nrepresentatives or the bargaining relationships between the employer and\nany collective bargaining representative. Employees of public entities\nserving in positions in newly created titles shall be assigned to the\nappropriate bargaining unit.\n  (e) Prior to beginning the procurement process for zero-emission\nschool buses, omnibuses, vehicles, charging infrastructure or equipment,\nfueling infrastructure or equipment, or other equipment, any employer of\nworkers covered by this section shall inform its employees' collective\nbargaining representative of any potential impact on its members or\nunit, including positions that may be affected, altered, or eliminated\nas a result of the purchase.\n  6. When purchasing zero-emission school buses and charging or fueling\ninfrastructure, school districts are encouraged to utilize the\ncentralized contracts for zero emission school buses and charging or\nfueling infrastructure established by the office of general services.\n  * 7. Beginning in the two thousand twenty-four--two thousand\ntwenty-five school year, every school district shall annually submit to\nthe commissioner a progress report on the implementation of\nzero-emission school buses as required under this section in a format\nprescribed by the commissioner and approved by the director of the\nbudget. The report shall include, but not be limited to, (i) sufficiency\nof the school district's electric infrastructure to support anticipated\nelectrical needs, (ii) the availability and installation of charging or\nfueling stations and other components and capital infrastructure\nrequired to support the transition to and full implementation of\nzero-emission school buses, (iii) whether the workforce development\nreport pursuant to paragraph (c) of subdivision five of this section has\nbeen created and implemented, (iv) the number and proportion of\nzero-emission school buses the school district or any contractor\nproviding transportation services is utilizing in the current school\nyear, and (v) the number and proportion of zero-emission school buses\npurchased or leased by the school district or any contractor providing\ntransportation services in the current school year and the total\nanticipated number for the next two years. The progress report shall be\ndue on or before August first of each year. Beginning October first, two\nthousand twenty-four, the commissioner shall annually submit a report to\nthe governor, the temporary president of the senate and the speaker of\nthe assembly on the progress of implementation of zero-emission school\nbuses as reported by the school districts.\n  * NB Repealed June 30, 2036\n
N.Y. RPT Law § 499-HHHH — New York Code / Act RPT / Article 4 / Title 5 / Section 499-HHHH
Definitions
Status: in_force

* § 499-hhhh. Definitions. When used in this title:\n  1. "Local public utility mass real property" means public utility mass\nreal property that is located in a particular town, village, city or\ncounty assessing unit and under the same ownership.\n  2. "Local assessing jurisdiction" means the town, city, village or\ncounty assessing unit that establishes the assessment rolls for such\ntown, city, village or county.\n  3. "Public utility mass real property" means real property, including\nconduits, cables, lines, wires, poles, supports and enclosures for\nelectrical conductors located on, above and below real property, which\nis used in the transmission and distribution of telephone or telegraph\nservice, and electromagnetic voice, video and data signals. Such term\nshall include all property described in paragraphs (d) and (i) of\nsubdivision twelve of section one hundred two of this chapter. Special\nfranchise property as described in subdivision seventeen of section one\nhundred two of this chapter, and all property described in paragraphs\n(a) and (b) and subparagraphs (A), (B), (C) and (D) of paragraph (i) of\nsubdivision twelve of section one hundred two of this chapter shall not\nbe considered public utility mass real property for purposes of this\ntitle.\n  4. "Taxation" means an ad valorem levy or special assessment for which\npublic utility mass real property is otherwise liable pursuant to this\nchapter.\n  * NB Repealed January 1, 2031\n
N.Y. PBA Law § 1104 — New York Code / Act PBA / Article 5 / Title 5 / Section 1104
Bonds and notes legal investments for fiduciaries
Status: in_force

§ 1104. Bonds and notes legal investments for fiduciaries. The bonds\nor notes are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, and all other persons whatsoever, except\nas hereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem; provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds or notes shall not be\neligible for the investment of funds including capital, of trusts,\nestates or guardianships under the control of individual administrators,\nguardians, executors, trustees and other individual fiduciaries. The\nbonds or notes are also hereby made securities which may be deposited\nwith and may be received by all public officers and bodies of this state\nand all municipalities and municipal subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of this state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 1500-Q — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-Q
Actions against the authority
Status: in_force

§ 1500-q. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least ninety days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for ninety\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction 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, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimit established by, and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n
N.Y. ENV Law § 15-0505 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0505
Protection of navigable waters; excavation or fill; permit
Status: in_force

§ 15-0505. Protection of navigable waters; excavation or fill; permit.\n  1. No person, local public corporation or interstate authority shall\nexcavate or place fill below the mean high water level in any of the\nnavigable waters of the state, or in marshes, estuaries, tidal marshes\nand wetlands that are adjacent to and contiguous at any point to any of\nthe navigable waters of the state and that are inundated at mean high\nwater level or tide, without a permit issued pursuant to subdivision 3\nof this section. For the purposes of this section, fill shall include,\nbut shall not be limited to, earth, clay, silt, sand, gravel, stone,\nrock, shale, concrete (whole or fragmentary), ashes, cinders, slag,\nmetal, or any other similar material whether or not enclosed or\ncontained by (1) crib work of wood, timber, logs, concrete or metal, (2)\nbulkheads and cofferdams of timber sheeting, bracing and piling or steel\nsheet piling or steel H piling, separated or in combination.  Nothing\ncontained in this section is intended to be, nor shall be construed to\nlimit, impair or affect the memorandum of understanding which any state\ndepartment enters into with the Department of Environmental Conservation\nor the general powers and duties of the Department of Transportation\nrelating to canals or the general powers and duties of the Department of\nEnvironmental Conservation relating to flood control.\n  2. A permit application or request for a permit renewal or\nmodification shall be made on forms provided by the department and shall\nconsist of a description of the character and extent of the proposed\nproject or work, drawings, plans and specifications providing the\nlocation and details of the proposed project or work, and such\nadditional information as the department may require.\n  3. Before granting a permit, a permit renewal or a permit modification\npursuant to this section the department shall ascertain the probable\neffect on the use of such waters for navigation, the health, safety and\nwelfare of the people of the state and the effect on the natural\nresources of the state, including soil, forests, water, fish and aquatic\nresources therein, likely to result from the proposed project or work.\n  4. The department shall review the permit application or request for\nrenewal or modification of an existing permit and may grant or deny the\npermit or request, or may grant the permit with such conditions as will\nsafeguard life or property against danger or destruction and as will\nmake the navigable waters safe for use by the public.\n  5. The rules and regulations adopted by the department to implement\nthis section and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern the processing of permit\napplications, renewals, modifications, suspensions and revocations under\nthis section.\n  6. The provisions of subdivisions 1, 2, 3 and 4 of this section shall\nnot apply to emergency work in waters described in subdivision 1 of this\nsection which is immediately necessary to protect the health, safety and\nwell-being of any person or persons or to prevent damage to personal or\nreal property, provided that the department is given written\nnotification by registered mail or telegraph within forty-eight hours\nafter the commencement of the work and within forty-eight hours\nfollowing the completion of the work. Whenever such emergency work is\nperformed as provided in this subdivision, it shall be performed in a\nmanner that will cause the least change, modification, disturbance or\ndamage to the environment.\n  7. The requirements of this section shall be in addition to those\nspecified in section 15-0501 of this title, provided however, that the\ndepartment may, by rule and regulation, provide that only one\napplication for a permit or request for renewal or modification of an\nexisting permit need be filed when the proposed project or work requires\na department permit under this section and section 15-0501 of this\ntitle.\n
N.Y. PBA Law § 1114-G — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-G
Bonds of the authority
Status: in_force

* § 1114-g. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nmay be general obligations secured by the faith and credit of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys of the authority as may be designated in the\nproceedings of the authority under which the bonds shall be authorized\nto be issued, subject to any agreements with the holders of outstanding\nbonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, or any other credit enhancement arrangement with any bank\nor other financial institution to the extent now or hereafter available,\nas to, or for the payment or repayment of interest or principal, or\nboth, or any part thereof, on any bonds issued by the authority and to\nenter into any agreement or contract with respect to any such insurance\nor guaranty, except to the extent that the same would in any way impair\nor interfere with the ability of the authority to perform and fulfill\nthe terms of any agreement made with the holders of the bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold at private sale unless the terms of such sale shall have\nbeen approved in writing by:\n  (a) the comptroller, where such sale is not to the comptroller; or\n  (b) the director of the division of the budget of the state, where\nsuch sale is to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which shall consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred fourteen-h of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers conferred upon the authority in this\nsection to secure its bonds, the authority shall have power in\nconnection with the issuance of bonds to enter into such agreements as\nthe authority may deem necessary, consistent or desirable concerning the\nuse or disposition of its revenues or other moneys or property,\nincluding remarketing agreements or other similar agreements for the\nbonds, the mortgaging of any property and the entrusting, pledging or\ncreation of any other security interest in any such revenues, moneys, or\nproperty and the doing of any act, including refraining from doing any\nact, which the authority would have the right to do in the absence of\nsuch agreements. The authority shall have power to enter into amendments\nof any such agreements within the powers granted to the authority by\nthis title and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members of the board of directors nor the officers of\nthe authority nor any person executing bonds shall be liable personally\nthereon or be subject to any personal liability or accountability solely\nby reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date; or\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or bond resolution of the authority may contain. Such notes may be\nsold at public sale or, upon the approval of the comptroller of the\nterms thereof, at private sale. Such notes shall be as fully negotiable\nas the bonds of the authority.\n  * NB There are 2 § 1114-g's\n
N.Y. ENV Law § 29-0501 — New York Code / Act ENV / Article 29 / Title 5 / Section 29-0501
Citizen advisory committee on permanent disposal facilities siting and disposal method selection
Status: in_force

§ 29-0501. Citizen advisory committee on permanent disposal facilities\n             siting and disposal method selection.\n  1. A citizen advisory committee on siting and disposal method\nselection for permanent disposal facilities is hereby established\nindependent of the commission and shall continue in existence until the\ndepartment has issued its final environmental impact statement pursuant\nto section 29-0105 of this article. The members shall be appointed by\nthe governor and shall consist of: two representatives of non-profit\nenvironmental organizations; two health physicists or medical doctors\nknowledgeable of radiation health effects; two representatives of\nlow-level radioactive waste generators in New York; a private citizen\nresiding in New York who is technically competent and knowledgeable\nconcerning low-level radioactive waste; four private citizens, residing\nin New York who are knowledgeable concerning low-level radioactive\nwaste, of whom one shall be knowledgeable and experienced in\nagricultural production and one in local public health services; and one\nelected local government representative of each county in which a\ncandidate site has been identified, which county shall be represented\nuntil such time as no candidate site is being considered therein and,\nupon issuance of the commission's draft environmental impact statement\npursuant to subdivision six of section 29-0303 of this article, three\nprivate citizens from the county within which each proposed site is\nprimarily located. The governor shall designate the chairman from among\nthe members of the committee. No member shall receive any compensation,\nbut shall be entitled to reimbursement for actual and necessary expenses\nin performing the duties of the citizen advisory committee.\n  2. The citizen advisory committee shall:\n  a. meet at least bi-monthly to provide information and review\nactivities of the commission and the department pursuant to sections\n29-0103, 29-0105, 29-0303 and 29-0509 of this article and to receive a\nwritten report from the commission, the department and the energy\nresearch and development authority on plans and progress in carrying out\nactivities and duties pursuant to the low-level radioactive waste\nmanagement act. In particular, the citizen advisory committee shall\nprovide information and recommendations in response to the commission's\ndraft environmental impact statements prepared pursuant to section\n29-0303 of this article, including reviewing public views, comments, and\ninformation submitted in response thereto;\n  b. review and comment semi-annually on the commission's plans and\nschedule for carrying out the provisions of section 29-0303 of this\narticle;\n  c. have minutes taken of each meeting of the citizen advisory\ncommittee and make them available to the public within ten working days\nfrom the date of the meeting, and a video or audio record of any meeting\nsponsored by the committee shall be kept, copies of which shall be made\navailable at the actual cost of reproduction;\n  d. consult with and advise the commissioner of health in planning and\ncarrying out a public information and education program on low-level\nradioactive waste pursuant to the provisions of article twenty-four-C of\nthe public health law;\n  e. hire an executive director, and clerical support, and may contract\nfor necessary specialized services;\n  f. facilitate the public review and comment process and issue reports\ncontaining the committee's comments and recommendations concerning:\n  (i) the candidate disposal method selection process;\n  (ii) the site selection process, including previously excluded lands\nand voluntary sites;\n  (iii) site characterization;\n  (iv) the process for matching the site with the preferred disposal\nmethod;\n  (v) the draft environmental impact statement; and\n  (vi) the manner in which the commission carries out its\nresponsibilities to keep the public informed of its activities;\n  g. make copies of its reports available to the public upon request and\nsubmit copies to the governor, the majority leader of the senate, the\nspeaker of the assembly, the minority leader of the senate and the\nminority leader of the assembly; and\n  h. exercise and perform such other advisory functions related to the\ncommission's or the department's activities conducted pursuant to\nsections 29-0103, 29-0105, 29-0303 and 29-0509 of this article as the\nchairman of the commission or commissioner of environmental conservation\nmay request.\n  3. The department of health shall provide such administrative support\nservices to the citizen advisory committee as may be determined\nreasonable for the proper execution of the committee's responsibilities.\n  4. All agencies and authorities of the state are hereby directed to\ncooperate with the citizen advisory committee in order to facilitate and\nexpedite the responsibilities and duties of the committee.\n
N.Y. RSS Law § 42 — New York Code / Act RSS / Article 2 / Title 5 / Section 42
Payments for credit for service for the federal government or certain public authorities or corporations
Status: in_force

§ 42. Payments for credit for service for the federal government or\ncertain public authorities or corporations.  a. The payments required by\nthis section shall be made by:\n  1. Members who elect to continue their membership pursuant to\nsubdivision d of section forty of this article even though their\ngovernment service was discontinued because of the transfer of their\noffices to the federal government or to any public authority or\ncorporation organized pursuant to the laws of this state, and which is\nnot a participating employer.\n  2. Officers or employees of the federal government who are\ncontributing members pursuant to paragraph four of subdivision c of\nsection forty of this article.\n  3. Members who claim service credit pursuant to paragraph four of\nsubdivision b of section forty-one of this article for federal service\npreviously rendered by them.\n  b. Memberships pursuant to paragraph four of subdivision c of section\nforty of this article shall be conditioned upon the payment in regular\nmonthly installments into:\n  1. The annuity savings fund of a proportion of the salary paid to the\nmember in such employment computed upon his rate of contribution, and\n  2. The annuity savings fund of a sum computed to be sufficient to\nprovide the full cost of the service retirement benefits to which such\nmember could have become entitled as an incident of his membership and\nwhich would have been payable from the pension reserve fund if he were\nin government service, and\n  3. The pension accumulation fund of a sum, computed upon the rate of\ncontribution necessary to provide the full cost of all benefits, other\nthan service retirement benefits, to which such member could have become\nentitled as an incident of his membership if he were in government\nservice.\n  In the case of such a membership which was last begun or last resumed\nprior to March twenty-ninth, nineteen hundred forty-four and which now\nis continuing pursuant to such paragraph four of subdivision c of\nsection forty of this article, and so long as federal service of such\nmember shall continue hereafter without interruption, the member shall\nmake only the payments required by former section fifty-two-c of the\ncivil service law, as amended by chapter seven hundred ninety-four of\nthe laws of nineteen hundred thirty-nine. Federal service covered by\nsuch former section fifty-two-c of the civil service law shall not, for\nthe purposes of this paragraph, be deemed to have been interrupted by\nthe rendition of service to the state immediately after such federal\nservice and the return to such federal service not later than four\nmonths after the termination of such service to the state.\n  c. Memberships pursuant to subdivision d of section forty of this\narticle shall be conditioned upon the payment in regular monthly\ninstallments into:\n  1. The annuity savings fund of a proportion of the salary paid to the\nmember in such employment computed upon his rate of contribution, and\n  2. The pension accumulation fund of a further proportion of such\nsalary to cover the state contribution on his account computed upon the\nrate of contribution that would have been payable by the state in his\nbehalf had he continued in government service. The payments required to\nbe made by this paragraph two may be made by the member's employer in\nhis behalf.\nIn the event the office in which a member was employed was transferred\nas provided in subdivision d of section forty of this article prior to\nJanuary first, nineteen hundred thirty-three, such member shall be\nrequired to make only the payments provided for in paragraph one of this\nsubdivision c.\n  d. The granting of service credit pursuant to paragraph four of\nsubdivision b of section forty-one of this article shall be conditioned\nupon the payment, in a lump sum or in regular monthly installments, over\na period no greater than the number of months of service for which such\ncredit is being purchased, into:\n  1. The annuity savings fund of a sum equal to the amount that would\nhave been in such fund to his credit if he had actually been a member\ncontributing thereto during the entire period of such federal service,\ncomputed on the basis of his present salary, regular interest and tables\nas adopted by the comptroller, and\n  2. The annuity savings fund of a sum computed to be sufficient to\nprovide the full cost of an annuity at retirement, equal to the pension\nand pension-providing-for-increased-take-home-pay, if any, which would\nbe provided out of the pension reserve fund if such federal service had\nbeen government service, and\n  3. The pension accumulation fund of a sum, computed upon the rate of\ncontribution necessary to provide the full cost of all benefits, other\nthan service retirement benefits, to which he would have become entitled\nif such federal service had been government service.\n  e. The United States government may make the payments required to be\nmade by paragraphs two and three of subdivision b or by paragraphs two\nand three of subdivision d of this section. The sums so paid by it shall\nbe credited to the pension accumulation fund. Only to the extent that\npayments are so made by the United States government shall service\ncredit purchased pursuant to this section be used in determining a\nmember's pension for any type of service retirement benefit.\n  f. If a member is contributing pursuant to section seventy-one or\nseventy-one-a of this article and elects or has elected to pay for\nfederal service under subdivisions b, c or d of this section, his\npayments into the annuity savings fund shall be computed in an amount\nsufficient to provide the full cost of an annuity at age fifty-five\nequal to the service retirement allowance he would receive at age\nfifty-five for such federal service under the provisions of section\nseventy-one or seventy-one-a had it been government service.\n
N.Y. EDN Law § 3805 — New York Code / Act EDN / Title 5 / Article 77 / Section 3805
Penalty for falsely claiming to represent commissioner of education, regents or other school officer
Status: in_force

§ 3805. Penalty for falsely claiming to represent commissioner of\neducation, regents or other school officer.  It shall be a misdemeanor\nfor any employee, agent or representative of a firm, company or\ncorporation engaged in selling, publishing or manufacturing papers,\nperiodicals, books, maps, charts, school supplies, apparatus or\nfurniture, or any other person engaged or employed in such business to\nfalsely represent to a board of trustees or board of education of a\nschool district or to a teacher employed in a public school in this\nstate or to a superintendent of schools or other school officer that he\nis an agent, employee, or representative of the commissioner of\neducation, the state education department, the regents, or of any other\nschool officer.\n
N.Y. PML Law § 1342 — New York Code / Act PML / Article 13 / Title 5 / Section 1342
Required exclusion of certain persons
Status: in_force

§ 1342. Required exclusion of certain persons. 1. The commission\nshall, by regulation, provide for the establishment of a list of persons\nwho are to be excluded or ejected from any licensed gaming facility.\nSuch provisions shall define the standards for exclusion, and shall\ninclude standards relating to persons:\n  (a) Who are career or professional offenders as defined by regulations\npromulgated hereunder; or\n  (b) Who have been convicted of a criminal offense under the laws of\nany state or of the United States, which is punishable by more than\ntwelve months in prison, or any crime or offense involving moral\nturpitude.\n  The commission shall promulgate definitions establishing those\ncategories of persons who shall be excluded pursuant to this section,\nincluding cheats and persons whose privileges for licensure or\nregistration have been revoked.\n  2. Any enumerated class listed in subdivision one of section two\nhundred ninety-six of the human rights law shall not be a reason for\nplacing the name of any person upon such list.\n  3. The commission may impose sanctions upon a licensed gaming facility\nor individual licensee or registrant in accordance with the provisions\nof this article if such gaming facility or individual licensee or\nregistrant knowingly fails to exclude or eject from the premises of any\nlicensed gaming facility any person placed by the commission on the list\nof persons to be excluded or ejected.\n  4. Any list compiled by the commission of persons to be excluded or\nejected shall not be deemed an all-inclusive list, and licensed gaming\nfacilities shall have a duty to keep from their premises persons known\nto them to be within the classifications declared in subdivisions one\nand two of this section and the regulations promulgated thereunder, or\nknown to them to be persons whose presence in a licensed gaming facility\nwould be inimical to the interest of the state or of licensed gaming\ntherein, or both, as defined in standards established by the commission.\n  5. Prior to placing the name of any person on a list pursuant to this\nsection, the commission shall serve notice of such fact and of the\nopportunity for a hearing to such person by personal service or by\ncertified mail at the last known address of such person.\n  6. Within thirty days after service of the petition in accordance with\nsubdivision five of this section, the person named for exclusion or\nejection may demand a hearing before the executive director or the\nexecutive director's designee, at which hearing the executive director\nor the executive director's designee shall have the affirmative\nobligation to demonstrate by substantial evidence that the person named\nfor exclusion or ejection satisfies the criteria for exclusion\nestablished by this section and the applicable regulations. Failure to\ndemand such a hearing within thirty days after service shall preclude a\nperson from having an administrative hearing, but shall in no way affect\nhis or her right to judicial review as provided herein.\n  7. The commission may make a preliminary placement on the list of a\nperson named in a petition for exclusion or ejection pending completion\nof a hearing on the petition. The hearing on the application for\npreliminary placement shall be a limited proceeding at which the\ncommission shall have the affirmative obligation to demonstrate by\nsubstantial evidence that the person satisfies the criteria for\nexclusion established by this section and the applicable regulations. If\na person has been placed on the list as a result of an application for\npreliminary placement, unless otherwise agreed by the executive director\nand the named person, a hearing on the petition for exclusion or\nejection shall be initiated within thirty days after the receipt of a\ndemand for such hearing or the date of preliminary placement on the\nlist, whichever is later.\n  8. If, upon completion of the hearing on the petition for exclusion or\nejection, the executive director determines that the person named\ntherein does not satisfy the criteria for exclusion established by this\nsection and the applicable regulations, the executive director shall\nissue an order denying the petition. If the person named in the petition\nfor exclusion or ejection had been placed on the list as a result of an\napplication for preliminary placement, the executive director shall\nnotify all gaming facility licensees of the person's removal from the\nlist.\n  9. If, upon completion of a hearing on the petition for exclusion or\nejection, the executive director determines that placement of the name\nof the person on the exclusion list is appropriate, the executive\ndirector shall make and enter an order to that effect, which order shall\nbe served on all gaming facility licensees. Such order shall be subject\nto review by the commission in accordance with regulations promulgated\nthereunder, which final decision shall be subject to review pursuant to\narticle seventy-eight of the civil practice law and rules.\n
N.Y. ENV Law § 11-0536 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0536
Sale of certain wild animals or wild animal products prohibited
Status: in_force

§ 11-0536. Sale of certain wild animals or wild animal products\n             prohibited.\n  1. Except as provided in subdivision three hereof, no part of the skin\nor body, whether raw or manufactured, of the following species of wild\nanimals or the animal itself may be sold or offered for sale by any\nindividual, firm, corporation, association or partnership within the\nstate of New York:--Leopard (Panthera pardus), Snow Leopard (Uuncia),\nClouded Leopard (Neofelis nebulosa), Tiger (Panthera tigres), Asiatic\nLion (Panthera leo persica), Cheetah (Acinoyx jubatus), Alligators,\nCaiman or Crocodile of the Order Crocodylia (except as provided in\nsubdivision two of this section), tortoises of the genus Gopherus,\nmarine turtles of the family Cheloniidae and the family Dermochelidae,\nVicuna (Vicugna vicugna), Wolf (Canis lupus), Red Wolf (Canis niger), or\nTasmanian Forester Kangaroo (Macropus giganteus tasmaniensis) or Polar\nBear (Thalarctos maritimus), Mountain Lion, sometimes called Cougar\n(Felis Concolar), Jaguar (Panthera onca), Ocelot (Felis pardalis), or\nMargay (Felis wiedii), Sumatran Rhinoceros (Dicerorhinus sumatrensis),\nor Black Rhinoceros (Dicero bicornis).\n  2. The commissioner may permit, under such terms and conditions as he\nmay prescribe, the importation and sale of the skin, body or parts\ntherefrom of Alligators, Caiman or Crocodile of the Order Crocodylia.\n  3. Any officer or agent authorized by the commissioner, or any police\nofficer of the state of New York, or any police officer of any\nmunicipality within the state of New York, shall have authority to\nexecute any warrant to search for and seize any goods, merchandise or\nwildlife sold or offered for sale in violation of this section, or any\nproperty or item used in connection with a violation of this section;\nsuch goods, merchandise, wildlife or property shall be held pending\nproceedings in any court of proper jurisdiction. Upon conviction, or\nupon the entry of a judgment restraining the sale or offer for sale of\nsuch goods, merchandise or wildlife on the ground that such items were\nsold or offered for sale in violation of this section, such seized\ngoods, merchandise or wildlife shall be forfeited and, upon forfeiture,\neither offered to a recognized institution for scientific or educational\npurposes, or destroyed.\n  4. The commissioner may permit, under such terms and conditions as he\nmay prescribe, the importation, transportation, possession or sale of\nany species or subspecies of fish or wildlife listed in this section for\nzoological, educational, and scientific purposes, and for the\npropagation of such fish or wildlife in captivity for preservation\npurposes, unless such importation, transportation, possession or sale is\nprohibited by any federal law or regulation.\n
N.Y. PBA Law § 1096-A — New York Code / Act PBA / Article 5 / Title 5 / Section 1096-A
Additional duties of the authority
Status: in_force

§ 1096-a. Additional duties of the authority. 1. The authority shall\nsubmit to the president of the Monroe county legislature a copy of the\nauthority's preliminary budget, annual budget or amended budget,\ncertified by the treasurer of the authority, not later than thirty days\nprior to the date on which the annual budget is adopted or approved by\nthe authority. The authority shall give notice in writing to the\npresident of the Monroe county legislature not later than thirty days\nprior to anticipated final approval of any construction projects to be\nundertaken by the authority involving water mains in excess of twelve\ninches in size, construction of mains in geographical areas theretofore\nundeveloped or not supplied with a public water supply, storage\nfacilities, pumping stations or water treatment facilities utilizing\nfunds of either the authority or funds of the county of Monroe under\nsubdivision sixteen-b of section one thousand ninety-six of this title\nprovided, however, that the foregoing shall not in any event be deemed\nto include: modernization, renewal and replacement, repair, maintenance\nof or improvement in properties or facilities; preliminary undertakings\nsuch as studies, tests, evaluations, reports, preparation of engineering\nplans and specifications, obtaining property rights and obtaining of\nnecessary governmental approvals; construction activities deemed\nnecessary by the authority in an emergency to protect life, property,\nhealth or the public safety; changes during construction which do not\nmaterially change the essential service area affected by a project; and\nconstruction activities within the terms of the last sentence of this\nsubdivision. In the event the Monroe county legislature, by its\nresolution adopted at any time within sixty days after receipt by the\npresident of the county legislature of the notice from the authority\nherein provided for, requests any change in such project, the authority\nshall conduct a public informational meeting upon ten days' notice to be\npublished twice consecutively in a newspaper of general circulation in\nthe county of Monroe prior to the authority granting final approval or\nprior to the commencement of construction of such project. The authority\nshall give written notice to the president of the Monroe county\nlegislature not less than thirty days prior to the date of any final\naction of the authority with respect to any change in the rates of the\nauthority. The authority shall conduct a public informational meeting\nupon ten days' notice to be published twice consecutively in a newspaper\nof general circulation in the county of Monroe relative to any change in\nsuch rates prior to the effective date of such change. The foregoing\nprovisions of this subdivision shall not be construed to or require the\nauthority to in any way violate or impair the rights and remedies of or\ncovenants with the holders of obligations of the authority pursuant to\nany resolution or trust indenture of or binding upon the authority\nadopted or executed authorizing or securing obligations of the authority\nor abrogate the rights and powers of the authority to fulfill its duties\nand obligations to comply with all the terms, covenants or requirements\nrequired or provided by any existing contractual agreement or provided\nor required by statute or the order or direction or approval of a\nfederal, state or local governmental entity having appropriate\njurisdiction or authority.\n  2. The authority shall be empowered to develop and adopt an\nadministrative code, subject to amendment from time to time, concerning\nsuch cooperative interrelationships between the authority and the county\nof Monroe, including the duties of the authority under subdivision one\nof this section. Any such code, or any amendment thereto, shall be\nsubmitted to the president of the county legislature not less than\nninety days prior to its adoption by the authority for approval by such\nlegislature.\n
N.Y. RSS Law § 45 — New York Code / Act RSS / Article 2 / Title 5 / Section 45
Right to membership
Status: in_force

§ 45. Right to membership.  Upon the employment of any employee whose\nright to membership in a public retirement system of the state, which\nfor purposes of this section shall include any public retirement system\nother than the New York state teachers' retirement system, has been made\noptional by the head of the retirement system involved, the employer\nshall inform the employee in writing of the right to join the system.\nEach such employee shall acknowledge the receipt of such notice by\nsigning a copy thereof and filing it with such employer; provided,\nhowever, the failure to inform such employee shall not in any way be\nconstrued to waive the requirement that membership for such an employee\ncommences only when an application for membership is filed with the\nsystem, nor shall it be construed to waive any of the eligibility\nrequirements for previous service credit.\n
N.Y. VAT Law § 509-D — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-D
Qualification procedures for bus drivers, maintenance of files and availability to subsequent employers
Status: in_force

§ 509-d. Qualification procedures for bus drivers, maintenance of\nfiles and availability to subsequent employers. (1) Before employing a\nnew bus driver a motor carrier shall:\n  (i) require such person to pass a medical examination to drive a bus\nas provided in section five hundred nine-g of this article;\n  (ii) obtain a driving record from the appropriate agency in every\nstate in which the person resided or worked and/or held a driver's\nlicense or learner's permit during the preceding three years in a manner\nprescribed by the commissioner;\n  (iii) investigate the person's employment record during the preceding\nthree years in a manner prescribed by the commissioner.\n  (2) Investigations and inquiries of drivers of school buses;\nmaintenance of file; availability to subsequent employer. (a) A motor\ncarrier shall request the department to initiate a criminal history\ncheck for persons employed as drivers of school buses, as defined in\nparagraph (a) of subdivision one of section five hundred nine-a of this\nchapter, on September fourteenth, nineteen hundred eighty-five by such\nmotor carrier, in accordance with regulations of the commissioner by\nrequiring such school bus drivers to submit to the mandated\nfingerprinting procedure. The department of motor vehicles at the\nrequest of the motor carrier shall initiate a criminal history check of\nall current school bus drivers of such motor carrier as well as those\nhired on or after September fifteenth, nineteen hundred eighty-five by\nrequiring such drivers and applicants to submit to the mandated\nfingerprinting procedure as part of the school bus driver qualification\nprocedure. Such fingerprinting procedure and the related fee as well as\na procedure for the return of such fingerprints upon application of a\nperson who has terminated employment as a school bus driver shall be\nestablished in accordance with regulations of the commissioner in\nconsultation with the commissioner of the division of criminal justice\nservices. The fee to be paid by or on behalf of the school bus driver or\napplicant shall be no more than five dollars over the cost to the\ncommissioner for the criminal history check. No cause of action against\nthe department, the division of criminal justice services, a motor\ncarrier or political subdivision for damages related to the\ndissemination of criminal history records pursuant to this section shall\nexist when such department, division, motor carrier or political\nsubdivision has reasonably and in good faith relied upon the accuracy\nand completeness of criminal history information furnished to it by\nqualified agencies. Fingerprints submitted to the division of criminal\njustice services pursuant to this subdivision may also be submitted to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n  (b) After a motor carrier has completed the procedures set forth in\nparagraph (a) this of subdivision, it shall designate each new school\nbus driver as a conditional school bus driver as defined in section five\nhundred nine-h of this article, until the carrier is in receipt of\ninformation of the new school bus driver's qualification from the\ndepartment and the required driving records from each appropriate state\nagency. If the information received indicates that there is a pending\ncriminal offense or driving violation that would require\ndisqualification of a school bus driver under this article, the motor\ncarrier shall require the applicant to provide documentation evidencing\nthe disposition of such offense or violation in accordance with\nregulations established by the commissioner. The department, upon notice\nof disqualification to an applicant, shall include in such notice\ninformation regarding the applicant's right to appeal and contest any\nclaimed ground for disqualification. Such notice shall also advise the\napplicant of his or her right to obtain, examine, inspect and copy any\ninformation used by the department in support of its determination of\ndisqualification. In the event the applicant contests the existence of a\ncriminal conviction in his or her name, such applicant may provide\ndocumentation evidencing the disposition of such offense or violation in\naccordance with regulations established by the commissioner.\n  (3) Each motor carrier shall retain the following records in each\ndriver's file for a period of three years, in accordance with\nregulations established by the commissioner:\n  (i) a driver abstract of operating record provided by the department\nand the written information provided by the appropriate agency of\nanother state for each twelve month period;\n  (ii) replies from the department regarding the driver's\nqualifications, as well as, any subsequent information concerning any\npending criminal charges against such driver;\n  * (iii) the initial qualifying medical examination form and the\nbiennial medical examination form completed by the carrier's physician;\n  * NB Effective until August 25, 2026\n  * (iii) the initial qualifying medical examination form and the\nbiennial medical examination form completed by the carrier's physician\nor nurse practitioner;\n  * NB Effective August 25, 2026\n  (iv) the annual defensive driving review forms completed pursuant to\nsection five hundred nine-g of this article; and\n  (v) the completed biennial behind-the-wheel examination forms as\nrequired under section five hundred nine-g of this article.\n  (4) Each motor carrier shall notify the commissioner on the form and\nin the manner established by regulation of the commissioner, within ten\ndays, of the date on which a bus driver commences employment, leaves the\ncarrier's employ or is disqualified. Such notification shall be provided\nin accordance with regulations established by the commissioner and shall\ninclude any information the motor carrier has relative to the bus\ndriver's disqualification, including any information regarding criminal\ncharges pending against the driver for violations which would disqualify\nthe driver if a conviction resulted.\n  (5) Each motor carrier shall furnish the department, by October\nfifteenth, nineteen hundred eighty-five, a list of all bus drivers\nemployed on September fourteenth, nineteen hundred eighty-five in\naccordance with regulations established by the commissioner.\n  (5-a) Every motor carrier shall furnish the department, beginning no\nlater than July first, two thousand twenty-one and annually thereafter,\na list of each altered motor vehicle commonly referred to as a "stretch\nlimousine", if any, designed to carry nine or more passengers including\nthe driver that such motor carrier operates pursuant to operating\nauthority issued by the commissioner of transportation, including the\nvehicle identification number and registration number of each such\naltered motor vehicle, and a list of all drivers such motor carrier\nemploys who drive such altered motor vehicles and whether such driver is\nqualified or has been disqualified to operate such altered motor vehicle\npursuant to this article.\n  (6) Each motor carrier shall furnish the department within ten days of\nreceipt, with a copy of each bus driver's out-of-state driving record it\nhas obtained, if such driver resides in another state, or has been\nemployed in such other state within the past three years.\n  (7) Each motor carrier shall prepare a report setting forth: (a) the\nnumber of miles travelled by buses operated by such motor carrier in the\npreceding twelve months; (b) the number of convictions and accidents\ninvolving any driver employed by such motor carrier during the preceding\ntwelve months, as reported to such carrier pursuant to section five\nhundred nine-f of this chapter; and (c) the number of convictions and\naccidents per ten thousand miles travelled. Such report shall be filed\nwith the department as an attachment to the affidavit of compliance\nrequired by subdivision (c) of section five hundred nine-j of this\nchapter, and a copy of such report shall be made available by the\ncarrier to any person upon request.\n
N.Y. PBH Law § 4160-A — New York Code / Act PBH / Article 41 / Title 5 / Section 4160-A
Certificate of still birth
Status: in_force

§ 4160-a. Certificate of still birth. 1. The department, or in the\ncity of New York, the New York city department of health and mental\nhygiene, shall establish a certificate of still birth. The department,\nor in the city of New York, the New York city department of health and\nmental hygiene, shall issue a certificate of still birth upon the\nrequest of such parent or parents who experienced the still birth. If\nboth parents are deceased at the time of the still birth, the\ndepartment, or in the city of New York, the New York city department of\nhealth and mental hygiene shall issue the certificate to, and upon the\nrequest of, the lawful estate representative, the sibling, parent, or\nparents of the parents.\n  2. A certificate issued pursuant to this section shall include such\nappropriate information as shall be determined by the department or if\nthe stillbirth occurred in the city of New York, by the New York city\ndepartment of health and mental hygiene, and shall be on a form\nestablished by the department or New York city department of health and\nmental hygiene which is similar, as applicable, to the form of a\ncertificate prescribed by section forty-one hundred thirty of this\narticle relating to a live birth. The department, or in the city of New\nYork, the New York city department of health and mental hygiene, shall\nprovide for the submission of such form through electronic means.\n  3. The provider attending the still birth or such provider's designee\nshall inform the parents in writing, of the right to receive a\ncertificate of still birth. Provided, however that if both parents are\ndeceased at the time of such stillbirth, then the person shall so inform\nthe lawful estate representative, sibling, parent or parents of the\nparent or parents.\n  4. The person who prepares a request for a certificate pursuant to\nthis section shall include thereon the name given to the stillborn fetus\nby the parents, if the parent or parents wish to include such name on\nsuch certificate.\n  5. A certificate issued pursuant to this section shall not constitute\nproof of a live birth. Furthermore, such certificate shall not be used\nto calculate live birth statistics.\n  6. Notwithstanding any other provision of this chapter, the parent or\nparents may elect to have the disclosure of and access to the\ninformation included on such certificate limited to the parents named on\nthe certificate, their lawful representatives, to authorized personnel\nof the department, or, in the city of New York, personnel of the New\nYork city department of health and mental hygiene.\n  7. For the purposes of this section, the term "stillbirth" shall mean\nthe intrauterine death of a fetus that occurs after the clinical\nestimate of the twentieth week of gestation.\n  8. A certificate of still birth may be requested and issued regardless\nof the date on which the pregnancy loss certificate was issued.\n  9. The department, or in the city of New York, the New York city\ndepartment of health and mental hygiene shall not charge any fee for the\nissuance of a certificate under this section.\n  10. This section shall apply to the city of New York, notwithstanding\nsection forty-one hundred four of this article.\n
N.Y. PBH Law § 3368 — New York Code / Act PBH / Article 33 / Title 5-A / Section 3368
Relation to other laws
Status: in_force

* § 3368. Relation to other laws. 1. (a) The provisions of this\narticle shall apply to this title, except that where a provision of this\ntitle conflicts with another provision of this article, this title shall\napply.\n  (b) Medical marihuana shall not be deemed to be a "drug" for purposes\nof article one hundred thirty-seven of the education law.\n  2. Nothing in this title shall be construed to require an insurer or\nhealth plan under this chapter or the insurance law to provide coverage\nfor medical marihuana. Nothing in this title shall be construed to\nrequire coverage for medical marihuana under article twenty-five of this\nchapter or article five of the social services law.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. ENV Law § 11-0540 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0540
Prohibition on permits authorizing the use of elephants in entertainment acts
Status: in_force

§ 11-0540. Prohibition on permits authorizing the use of elephants in\n             entertainment acts.\n  The department shall not issue any license or permit that would\nauthorize the use of an elephant in an entertainment act pursuant to\nsection three hundred eighty of the agriculture and markets law.\n
N.Y. PBA Law § 3616 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3616
Actions against corporation
Status: in_force

§ 3616. Actions against corporation. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the corporation, its members, officers or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe corporation or of any member, officer, agent or employee thereof,\nunless (a) notice of claim shall have been made and served upon the\ncorporation within the time limit set by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. An\naction, against the corporation for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. Whenever a notice of claim is served upon the corporation, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The corporation shall have power to settle or adjust all claims in\nfavor of or against the corporation.\n  4. Any action or proceeding to which the corporation or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same performance shall be\ngranted upon application of the corporation or its counsel in any action\nor proceeding questioning the validity of this title in which the\ncorporation may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of St. Lawrence county.\n  5. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable, other than a judgment on its bonds,\nshall be the rate prescribed by section five thousand four of the civil\npractice law and rules. Interest on payments of principal or interest on\nany bonds in default shall accrue at the rate borne by such bonds from\nthe due date thereof until paid or otherwise satisfied.\n  6. All actions or proceedings against the corporation of whatever\nnature shall be brought in St. Lawrence county.\n
N.Y. VAT Law § 510-A — New York Code / Act VAT / Title 5 / Article 20 / Section 510-A
Suspension and revocation of commercial driver's licenses
Status: in_force

§ 510-a. Suspension and revocation of commercial driver's licenses. 1.\nRevocation. A commercial driver's license shall be revoked by the\ncommissioner whenever the holder is convicted within or outside of this\nstate (a) of a felony involving the use of a motor vehicle except a\nfelony as described in paragraph (b) of this subdivision; (b) of a\nfelony involving manufacturing, distributing or dispensing a drug as\ndefined in section one hundred fourteen-a of this chapter or possession\nof any such drug with intent to manufacture, distribute or dispense such\ndrug in which a motor vehicle was used; (c) of a violation of\nsubdivision one or two of section six hundred of this chapter; (d) of\noperating a commercial motor vehicle when, as a result of prior\nviolations committed while operating a commercial motor vehicle, the\ndriver's commercial driver's license is revoked, suspended, or canceled,\nor the driver is disqualified from operating a commercial motor vehicle;\n(e) has been convicted of causing a fatality through the negligent\noperation of a commercial motor vehicle, including but not limited to\nthe crimes of vehicular manslaughter or criminally negligent homicide;\nor (f) the commissioner determines that the holder has made a false\nstatement regarding information: (i) required by the federal motor\ncarrier safety improvement act of 1999 and Subpart J of Part 383 of\ntitle 49 of the code of federal regulations relating to a commercial\ndriver's license document in an application for a commercial driver's\nlicense; (ii) required by the federal motor carrier safety improvement\nact of 1999 and Part 383.71 (a) and (g) of title 49 of the code of\nfederal regulations relating to an initial commercial driver's license\nor existing commercial driver's license holder's self-certification in\nany of the self-certifications regarding the type of driving engaged or\nto be engaged in by the holder or regarding the non-applicability to the\nholder of the physical qualification requirements of the federal motor\ncarrier safety improvement act of 1999 and Part 391 of title 49 of the\ncode of federal regulations relating to qualifications of drivers; or\n(iii) required by the federal motor carrier safety improvement act of\n1999 and Part 383.71(h) of title 49 of the code of federal regulations\nrelating to commercial driver's license requirements in any medical\ncertificate.\n  2. Duration of revocation. (a) Except as otherwise provided in\nparagraph (b) of this subdivision, where revocation of a commercial\ndriver's license is mandatory pursuant to paragraph (a), (c), (d), (e)\nor (f) of subdivision one of this section no new commercial driver's\nlicense shall be issued for at least one year nor thereafter except in\nthe discretion of the commissioner, except that for revocations pursuant\nto paragraph (a), (c), (d) or (e) of subdivision one of this section, if\nsuch person has previously been found to have refused a chemical test\npursuant to section eleven hundred ninety-four of this chapter or has a\nprior conviction of any of the following offenses: any violation of\nsection eleven hundred ninety-two of this chapter, any violation of\nsubdivision one or two of section six hundred of this chapter, or any\nfelony involving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of this section, or has been convicted of operating a\ncommercial motor vehicle when, as a result of prior violations committed\nwhile operating a commercial motor vehicle, the driver's commercial\ndriver's license is revoked, suspended, or canceled, or the driver is\ndisqualified from operating a commercial motor vehicle, or has been\nconvicted of causing a fatality through the negligent operation of a\ncommercial motor vehicle, including but not limited to the crimes of\nvehicular manslaughter or criminally negligent homicide, then such\ncommercial driver's license revocation shall be permanent.\n  (b) Where revocation is mandatory pursuant to paragraph (a), (c), (d)\nor (e) of subdivision one of this section and the commercial motor\nvehicle was transporting hazardous materials, no new commercial driver's\nlicense shall be issued for at least three years nor thereafter except\nin the discretion of the commissioner, except that if such person has\npreviously been found to have refused a chemical test pursuant to\nsection eleven hundred ninety-four of this chapter or has a prior\nconviction of any of the following offenses: any violation of section\neleven hundred ninety-two of this chapter, any violation of subdivision\none or two of section six hundred of this chapter, or any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of this section, or been convicted of operating a\ncommercial motor vehicle when, as a result of prior violations committed\nwhile operating a commercial motor vehicle the driver's commercial\ndriver's license is revoked, suspended, or canceled, or the driver is\ndisqualified from operating a commercial motor vehicle, or has been\nconvicted of causing a fatality through the negligent operation of a\ncommercial motor vehicle, including but not limited to the crimes of\nvehicular manslaughter or criminally negligent homicide, then such\ncommercial driver's license revocation shall be permanent.\n  (c) The permanent commercial driver's license revocation required by\nparagraphs (a) and (b) of this subdivision may be waived by the\ncommissioner after a period of ten years has expired from such sentence\nprovided:\n  (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this chapter and has not been convicted of any one of the\nfollowing offenses: any violation of section eleven hundred ninety-two\nof this chapter, any violation of subdivision one or two of section six\nhundred of this chapter, or any felony involving the use of a motor\nvehicle pursuant to paragraph (a) of subdivision one of this section, or\nhas been convicted of operating a commercial motor vehicle when, as a\nresult of prior violations committed while operating a commercial motor\nvehicle, the driver's commercial driver's license is revoked, suspended,\nor canceled, or the driver is disqualified from operating a commercial\nmotor vehicle; or has been convicted of causing a fatality through the\nnegligent operation of a commercial motor vehicle, including but not\nlimited to the crimes of vehicular manslaughter or criminally negligent\nhomicide;\n  (ii) if any of the grounds upon which the permanent commercial\ndriver's license revocation is based involved a finding of refusal to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this chapter or a conviction of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, that such person\nprovides acceptable documentation to the commissioner that such person\nhas enrolled in and successfully completed an appropriate rehabilitation\nprogram; and\n  (iii) after such documentation, if required, is accepted, that such\nperson is granted a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law by the court in which such person was last penalized.\n  (d) Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n  (e) Where revocation is mandatory pursuant to paragraph (b) of\nsubdivision one of this section such revocation shall be permanent and\nmay not be waived by the commissioner under any circumstances.\n  3. Suspension. (a) A commercial driver's license shall be suspended by\nthe commissioner for a period of sixty days where the holder is\nconvicted of two serious traffic violations as defined in subdivision\nfour of this section committed within a three year period, in separate\nincidents whether such convictions occurred within or outside of this\nstate.\n  (b) A commercial driver's license shall be suspended by the\ncommissioner for a period of one hundred twenty days where the holder is\nconvicted of three serious traffic violations as defined in subdivision\nfour of this section committed within a three year period, in separate\nincidents whether such convictions occurred within or outside of this\nstate.\n  (c) A commercial drivers license shall be suspended by the\ncommissioner for a period of sixty days where the holder is convicted of\na violation of subdivision (g) of section eleven hundred eighty of this\nchapter, and (i) the recorded or entered speed upon which the conviction\nwas based exceeded the applicable speed limit by more than twenty miles\nper hour or (ii) the recorded or entered speed upon which the conviction\nwas based exceeded the applicable speed limit by more than ten miles per\nhour and the vehicle was either (A) in violation of any rules or\nregulations involving an out-of-service defect relating to brake\nsystems, steering components and/or coupling devices, or (B)\ntransporting flammable gas, radioactive materials or explosives.\n  (d) A commercial driver's license shall be suspended by the\ncommissioner:\n  (i) for a period of one hundred eighty days where the holder was found\nto have operated a commercial motor vehicle designed or used to\ntransport property as defined in subparagraphs (i) and (ii) of paragraph\n(a) of subdivision four of section five hundred one-a of this title, in\nviolation of an out-of-service order as provided for in the rules and\nregulations of the department of transportation whether such violation\nwas committed within this state or was the same or a similar violation\ninvolving an out-of-service order committed outside of this state;\n  (ii) for a period of two years if, during any ten-year period, the\nholder is found to have committed two such violations not arising from\nthe same incident whether such violations were committed within or\noutside of the state;\n  (iii) for a period of three years if, during any ten-year period, the\nholder is convicted of three or more such violations not arising from\nthe same incident whether such violations were committed within or\noutside of the state;\n  (iv) for a period of one hundred eighty days if the holder is found to\nhave operated a commercial motor vehicle designed or used to transport\npassengers or property as defined in subparagraphs (iii) and (v) of\nparagraph (a) of subdivision four of section five hundred one-a of this\ntitle, in violation of an out-of-service order, as provided for in the\nrules and regulations of the department of transportation, while\ntransporting hazardous materials or passengers whether such violation\nwas committed within this state or was the same or a similar violation\ncommitted outside of this state;\n  (v) for a period of three years if, during any ten-year period, the\nholder is found to have committed two or more violations, not arising\nfrom the same incident, of operating a commercial motor vehicle designed\nor used to transport passengers or property as defined in subparagraphs\n(iii) and (v) of paragraph (a) of subdivision four of section five\nhundred one-a of this title, in violation of an out-of-service order, as\nprovided for in the rules and regulations of the department of\ntransportation, while transporting hazardous materials or passengers\nwhether such violation was committed within this state or was the same\nor a similar violation involving an out-of-service order committed\noutside of this state.\n  (e) A commercial driver's license shall be suspended by the\ncommissioner:\n  (i) for a period of sixty days where the holder is convicted of a\nviolation of section eleven hundred seventy-one or section eleven\nhundred seventy-six of this chapter whether such violation was committed\nwithin this state or was the same or a similar violation involving\nrailroad grade crossings committed outside of this state.\n  (ii) for a period of one hundred twenty days where the holder is\nconvicted of a second violation of section eleven hundred seventy-one or\nsection eleven hundred seventy-six of this chapter whether such\nviolations were committed within or outside of this state, both of which\nwere committed within a three year period.\n  (iii) for a period of one year where the holder is convicted of a\nthird violation of section eleven hundred seventy-one or section eleven\nhundred seventy-six of this chapter whether such violations were\ncommitted within or outside of this state, all of which were committed\nwithin a three year period.\n  4. Serious traffic violations. (a) A serious traffic violation shall\nmean operating a commercial motor vehicle in violation of any provision\nof this chapter or the laws or ordinances of any other state or locality\noutside of this state that restricts or prohibits the use of a hand-held\nmobile telephone or a portable electronic device while operating a\ncommercial motor vehicle or in violation of any provision of this\nchapter or the laws of any other state, the District of Columbia or any\nCanadian province which (i) limits the speed of motor vehicles, provided\nthe violation involved fifteen or more miles per hour over the\nestablished speed limit; (ii) is defined as reckless driving by state or\nlocal law or regulation; (iii) prohibits improper or erratic lane\nchange; (iv) prohibits following too closely; (v) relates to motor\nvehicle traffic (other than parking, standing or stopping) and which\narises in connection with a fatal accident; (vi) operating a commercial\nmotor vehicle without first obtaining a commercial driver's license as\nrequired by section five hundred one of this title; (vii) operating a\ncommercial motor vehicle without a commercial driver's license in the\ndriver's possession; or (viii) operating a commercial motor vehicle\nwithout the proper class of commercial driver's license and/or\nendorsement for the specific vehicle being operated or for the\npassengers or type of cargo being transported.\n  (b) Whether any specific violation which occurs without this state is\na serious violation shall be dependent upon whether the state or\nprovince in which the violation occurs, reports such violation to the\ncommissioner as, or deems it to be, a serious traffic violation under\nthe provisions of the federal commercial motor vehicle safety act of\nnineteen hundred eighty-six, public law 99-570, title XII or the motor\ncarrier safety improvement act of 1999, public law 106-159 and\nregulations promulgated thereunder.\n  4-a. Dismissal. The court shall dismiss any charge of operating a\ncommercial motor vehicle without a commercial driver's license in the\ndriver's possession if, between the date the driver is charged with such\nviolation and the appearance date for such violation, the driver\nsupplies the court with proof that he or she held a valid commercial\ndriver's license on the date of such violation. Such driver must also\nsupply such proof to the law enforcement authority that issued the\ncitation, prior to such driver's appearance in court.\n  5. Limitation of effect of revocation or suspension. Any revocation or\nsuspension of a commercial driver's license issued pursuant to this\nsection shall be applicable only to that portion of the holder's\ndriver's license or privilege which permits the operation of commercial\nmotor vehicles, and the commissioner shall immediately issue a license,\nother than a commercial driver's license, to such person, provided that\nsuch person is otherwise eligible to receive such license and further\nprovided that issuing a license to such person does not create a\nsubstantial traffic safety hazard.\n  6. Application of section to persons not holding a commercial driver's\nlicense. Whenever a person who is not the holder of a commercial\ndriver's license issued by the commissioner is convicted of a violation\narising out of the operation of a commercial motor vehicle which would\nrequire the mandatory revocation or suspension of a commercial driver's\nlicense pursuant to this section or clause (i) or (ii) of subparagraph\nfive of paragraph (b) or clause b of subparagraph three of paragraph (e)\nof subdivision two of section eleven hundred ninety-three, or clause c\nof subparagraph one of paragraph (d) of subdivision two of section\neleven hundred ninety-four of this chapter, the privilege of such person\nto operate a commercial motor vehicle and/or to obtain a commercial\ndriver's license issued by the commissioner will be suspended or revoked\nfor the same periods of time and subject to the same conditions provided\nin this section, or clause (i) or (ii) of subparagraph five of paragraph\n(b) or clause b of subparagraph three of paragraph (e) of subdivision\ntwo of section eleven hundred ninety-three, or clause c of subparagraph\none of paragraph (d) of subdivision two of section eleven hundred\nninety-four of this chapter, which would be applicable to the holder of\na commercial driver's license.\n  7. Other revocation or suspension action not prohibited. The\nprovisions of this section shall not be construed to prevent any person\nwho has the authority to suspend or revoke a license to drive or\nprivilege of operating pursuant to section five hundred ten of this\nchapter from exercising any such authority based upon a conviction for\nwhich suspension or revocation of a commercial driver's license by the\ncommissioner is mandated.\n  8. Disqualifications based upon record review. (a) Where the\ncommissioner conducts a state record review pursuant to section 384.206\nof title 49 of the code of federal regulations and he or she determines\nthat: (i) a person applying for a commercial driver's license was\nconvicted outside of this state of an offense set forth in section\n383.51 of title 49 of the code of federal regulations while holding a\ncommercial driver's license issued by another state; and (ii) such other\nstate failed to impose the commercial driver's license disqualification,\nsuspension or revocation set forth in section 383.51 of title 49 of the\ncode of federal regulations for such offense, then the commissioner\nshall immediately suspend such person's commercial driver's license or\nprivilege of operating a commercial motor vehicle. Provided, however,\nthat where such licenses would have been subject to revocation upon a\nconviction for such conduct had it occurred in this state, the\ncommissioner shall revoke such license. Such suspension or revocation\nshall be for the applicable period of time set forth for a conviction\nfor such offense in such section 383.51 as it existed on the date of the\nviolation.\n  (b) Any suspension or revocation of a commercial driver's license\nissued pursuant to paragraph (a) of this subdivision shall be applicable\nonly to that portion of the holder's driver's license or privilege which\npermits the operation of commercial motor vehicles, and the commissioner\nshall immediately issue a license, other than a commercial driver's\nlicense, to such person provided that such person is otherwise eligible\nto receive such license and further provided that issuing a license to\nsuch person does not create a substantial traffic safety hazard.\n  9. Application of disqualifications to holders of a commercial\nlearner's permit. Notwithstanding any other provision of law, any\nprovision of this chapter relating to the revocation, suspension,\ndowngrading, disqualification or cancellation of a commercial driver's\nlicense shall apply in the same manner to a commercial learner's permit.\n  10. Consecutive disqualification periods. Notwithstanding any other\nprovision of law, whenever a suspension, revocation or disqualification\napplicable to a commercial driver's license or commercial learner's\npermit is required by Part 383.51 of title 49 of the code of federal\nregulations and thereby imposed pursuant to this section or paragraph b\nor c of subdivision six of section five hundred ten or section eleven\nhundred ninety-three or eleven hundred ninety-four of this chapter, such\nsuspension, revocation or disqualification shall take effect upon the\nexpiration of the minimum period of a suspension, revocation or\ndisqualification required by Part 383.51 of title 49 of the code of\nfederal regulations and thereby imposed pursuant to this section or\nparagraph b or c of subdivision six of section five hundred ten or\nsection eleven hundred ninety-three or eleven hundred ninety-four of\nthis chapter which is currently in effect for such license or permit and\narose from a separate incident. Provided, however, that the term or\nterms of any other suspension, revocation or disqualification applicable\nto a commercial driver's license or commercial learner's permit shall\nrun concurrently if: (a) such suspension, revocation or disqualification\nis not required by Part 383.51 of title 49 of the code of federal\nregulations; or (b) such suspension, revocation or disqualification\narose from the same incident.\n
N.Y. BNK Law § 5014 — New York Code / Act BNK / Article 15 / Title 5 / Section 5014
Reacquired shares
Status: in_force

§ 5014. Reacquired shares. 1. Shares that have been issued and have\nbeen reacquired under subdivision one of section five thousand twelve\nshall, subject to other applicable provisions of this chapter, be sold\nor otherwise disposed of or, with the written approval of the\nsuperintendent, may be retained or may be cancelled by the board.\n  2. Shares that have been issued and thereafter converted shall be\ncancelled.\n  3. Shares that have been issued and have been reacquired under\nsubdivision two of section five thousand twelve shall be cancelled.\n  4. Neither the retention of reacquired shares as treasury shares nor\ntheir subsequent distribution to stockholders or disposition for a\nconsideration shall change the capital stock.\n  5. When reacquired shares other than converted shares are cancelled,\nthe capital stock of the corporation shall be reduced by the amount of\ncapital stock represented by such shares.\n  6. Within ninety days after any shares are cancelled under this\nsection, (a) the corporation by action of the board shall file a\ncertificate of amendment under section eight thousand five eliminating\nsuch shares from the number of authorized shares, except that if the\norganization certificate does not prohibit the reissue of such shares,\nsuch shares may with the written approval of the superintendent be\nrestored to the status of authorized but unissued shares, and (b) unless\nstated in a certificate of amendment so filed, a certificate of the\ncorporation shall be signed, verified and filed as provided in section\none thousand three stating the number of shares of each class or series\nthereof so cancelled, the manner of reacquisition thereof and, if\nconverted shares, the number of shares of each class or series thereof\ninto which the same were converted, and such other information with\nrespect thereto as the superintendent may require.\n
N.Y. SOS Law § 95 — New York Code / Act SOS / Article 3 / Title 5 / Section 95
Supplemental nutrition assistance program (SNAP)
Status: in_force

§ 95. Supplemental nutrition assistance program (SNAP). 1. (a) The\noffice is authorized to submit any plan required by the federal\ngovernment to participate in the supplemental nutrition assistance\nprogram (SNAP) to the secretary of the United States department of\nagriculture for approval, and to act for the state in any negotiations\nrelative to the submission and approval of such plan, and may make such\narrangements and take such action, not inconsistent with law, as may be\nrequired to obtain and retain such approval, to implement such plan, and\nto secure for the state the benefits available.\n  (b) The office is authorized to accept a designation, in accordance\nwith the provisions of section twenty-nine of this chapter, under any\nother federal law which may make SNAP benefits available for needy\nfamilies and individuals, and to perform such functions as may be\nappropriate, permitted or required by or pursuant to such law.\n  2. The office is empowered, with the consent and approval of the\ngovernor, to delegate or assign to any other office or agency of the\nstate the performance of such function or functions under the plan or\ndesignation as may be appropriate and permitted or required by the\nappropriate federal law or regulations. Any state department or agency\nis hereby empowered and required to perform the function or functions so\ndelegated or assigned to it.\n  3. (a) Each commissioner of social services is authorized and\nrequired, in accordance with regulations of the office, to make\napplication for inclusion of his or her social services district in the\nfederal supplemental nutrition assistance program plan or plans and to\nassist needy families and individuals of his or her social services\ndistrict to obtain nutritionally adequate diets through participation in\nsuch federal plan or plans. However, only those persons who qualify for\nSNAP benefits in accordance with federal and state requirements, and\nstandards promulgated by the office, shall be certified as eligible to\nreceive such benefits.\n  (b) Each commissioner of social services is authorized and required,\nsubject to state and federal requirements therefor, to act on behalf of\nthe office and receive, store, and issue SNAP benefits, either directly,\nor with the approval of the office, through a banking institution and/or\nother appropriate public or private agency.\n  (c) Each commissioner of social services shall develop and submit to\nthe office for its approval a plan describing his or her district's\noperations under this section, which plan shall accord with federal and\nstate requirements.\n  4. A person's need or eligibility for public assistance and care shall\nnot be affected by his or her receipt of SNAP benefits.\n  5. Any inconsistent provision of law notwithstanding, the value of any\nSNAP benefits provided an eligible person shall not be considered income\nor resources for any purpose, including taxation.\n  6. (a) Any inconsistent provision of law notwithstanding, expenditures\nmade by a social services district for the purpose of certifying\neligibility of needy families and individuals, including those who are\nnot in receipt of public assistance and care, for SNAP benefits, and for\ndistributing and redeeming such benefits shall be deemed to be\nexpenditures for the administration of public assistance and care, and\nshall be subject to reimbursement by the state in accordance with the\nprovisions of section one hundred fifty-three of this chapter to the\nextent of one hundred percent in accordance with paragraph (b) of this\nsubdivision.\n  (b) Such expenditures for supplemental nutrition assistance program\nadministrative costs shall be subject to reimbursement by the state in\naccordance with regulations to be promulgated by the office, which\nregulations shall be subject to the approval of the director of the\nbudget, shall be consistent with federal law and regulations, and shall\nbe based on:\n  (i) an allocation of administrative costs attributable to both SNAP\nbenefits and safety net assistance to permit maximum use of federal\nfunds; and\n  (ii) an allocation of administrative costs attributable to both SNAP\nbenefits and temporary assistance for needy families such that only\nthose administrative costs that cannot be allocated to temporary\nassistance for needy families are allocated to supplemental nutrition\nassistance program, provided, however, that if federal law, regulations,\nor cost allocation procedures require those administrative costs that\nmay be allocated to be allocated between temporary assistance for needy\nfamilies and SNAP benefits, then the administrative costs so allocated\nto SNAP benefits shall be reimbursed as costs of public assistance and\ncare in accordance with the provisions of paragraphs a and d of\nsubdivision one of section one hundred fifty-three of this chapter.\n  7. a. When an eligible recipient under this section is issued an\nauthorization to participate in the supplemental nutrition assistance\nprogram by written or electronic means, such authorization to\nparticipate:\n  (i) May be redeemed for SNAP benefits at designated redemption centers\nby the recipient or by an authorized representative. When an eligible\nrecipient under this section is issued SNAP benefits, such SNAP benefits\nmay be used to purchase food items from a food distributor by the\nrecipient or by an authorized representative.  Any other transfer or\nsale of authorizations to participate or SNAP benefits shall constitute\nan unauthorized use of said authorizations or benefits;\n  (ii) Shall require the office of temporary and disability assistance\nto provide the state education department a dataset which contains a\nlisting of students ages three to eighteen who receive federal\nassistance through the supplemental nutrition assistance program (SNAP)\nand temporary assistance to needy families (TANF).\n  (iii) The state education department shall make such dataset available\nto all schools (public and nonpublic) that participate in: the National\nSchool Lunch, School Breakfast, Summer Food Service, or Special Milk\nprograms with a free milk option of the availability of such dataset.\n  (iv) All schools identified in subparagraph (iii) of this paragraph\nshall access such dataset outlined in subparagraph (ii) of this\nparagraph at least three times a year and identify such child as\neligible for free meals/milk and such child may receive free meals/milk\nwithout further application. Upon identification, such school shall\nnotify the student's parent or guardian of such eligibility. Such\nnotification shall also contain an opportunity to decline the receipt of\nfree meals/milk. In the event a school receives notification to decline\nthe free meals/milk benefit the child shall be removed from the free\neligibility list in such program.\n  (b) For the purposes of this subdivision, "authorized representative"\nshall be defined in regulations promulgated by the commissioner.\n  8. Except as part of a transaction pursuant to subdivision seven of\nthis section or as necessary for a food distributor to redeem SNAP\nbenefits subsequent to such a transaction, any acquisition, acceptance,\npurchase, possession, sale, transfer, alteration or manufacture of\nauthorizations to participate or SNAP benefits, real or counterfeit, by\nany person shall constitute an unauthorized use of said authorizations\nor benefits.  For purposes of this subdivision, the term "person" shall\nmean any individual, corporation, partnership, association, agency, or\nother legal entity, or any part thereof.\n  9.(a) The parent or other individual who is living with and exercising\nparental control over a child under the age of eighteen who has an\nabsent parent is not eligible to participate in the supplemental\nnutrition assistance program if such person refuses to cooperate with\nthe office in establishing the paternity of the child (if the child is\nborn out of wedlock) and in obtaining support for the child or the\nparent (or other individual) and the child. This paragraph does not\napply to the parent (or other individual) if the office determines that\nthere is good cause for the refusal to cooperate.\n  (b) A putative or identified noncustodial parent of a child under the\nage of eighteen is not eligible to participate in the supplemental\nnutrition assistance program if such individual refuses to cooperate\nwith the office in establishing the paternity of the child (if the child\nis born out of wedlock) and in providing support for the child. The use\nof the information collected pursuant to this paragraph shall be limited\nto the purposes for which the information is collected and is subject to\nthe confidentiality provisions set forth in section one hundred\nthirty-six of this chapter.\n  (c) To the extent not inconsistent with federal law and regulations,\nan individual is not eligible to participate in the supplemental\nnutrition assistance program as a member of any household if the\nindividual is under court order to pay child or combined child and\nspousal support and has accumulated support arrears equivalent to or\ngreater than the amount of current support due for a period of four\nmonths.\n  10. Notwithstanding any other provision of law to the contrary, the\noffice shall develop a brief, simplified application form for the\nsupplemental nutrition assistance program only. The office shall develop\nthe form in consultation with food stamp outreach organizations and\nconsider how the form may be used to reach as many potential applicants\nas possible, especially those over sixty years of age and those who are\nemployed.\n  11. (a) Notwithstanding any other provision of law to the contrary,\nthe office shall establish a statewide restaurant meals program as part\nof SNAP. Under the restaurant meals program, households containing\nelderly or disabled members, and their spouses, as defined in 7 U.S.C.\n2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall\nhave the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP\nbenefits at private establishments that contract with the office to\noffer meals for eligible individuals at concessional prices subject to 7\nU.S.C. 2018(h).\n  (b) The office shall adopt any rules necessary to implement the\nprovisions of this subdivision.\n
N.Y. PBA Law § 1114-H — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-H
Remedies of bondholders
Status: in_force

* § 1114-h. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the applicable county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or her own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incidental to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court, county of Nassau and the state shall have\njurisdiction of any action or proceeding by the trustee on behalf of\nsuch bondholders.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  * NB There are 2 § 1114-h's\n
N.Y. ENV Law § 11-0512 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0512
Possession, sale, barter, transfer, exchange and import of wild animals as pets prohibited
Status: in_force

§ 11-0512. Possession, sale, barter, transfer, exchange and import of\n             wild animals as pets prohibited.\n  1. It shall be prohibited for any person to:\n  a. knowingly possess, harbor, sell, barter, transfer, exchange or\nimport any wild animal for use as a pet in New York state, except as\nprovided in subdivision three of this section; or\n  b. intentionally release or set at-large any wild animal, authorized\nby this section for use as a pet, from the location where the animal is\npermitted to be possessed or harbored.\n  2. This section shall not apply to the following persons and entities\nwith respect to wild animals owned or harbored by them solely for a\npurpose other than for use as a pet:\n  a. Zoological facilities licensed pursuant to 7 USC. Sec. 2131 et\nseq.;\n  b. Exhibitors licensed pursuant to the Animal Welfare Act, 7 USC.\nSections 2132-2134 and reptile exhibitors who have demonstrated to the\ndepartment, in accordance with regulations promulgated by the\ncommissioner, that the sole purpose for which the wild animal or animals\nare used is for exhibition to the public for profit or compensation;\n  c. Research facilities as defined in the Animal Welfare Act, 7 USC.\nSection 2132 (e), which are licensed by the United States Secretary of\nAgriculture;\n  d. Licensed veterinarians and incorporated humane societies, animal\nshelters, societies for the prevention of cruelty to animals or animal\nwelfare organizations in temporary possession of wild animals;\n  e. State universities, private colleges or universities, or state\nagencies working with wild animals;\n  f. Wildlife rehabilitators licensed pursuant to the provisions of\nsubdivision three of section 11-0515 of this title and regulations\npromulgated thereunder, who are tending to sick or injured wild animals;\n  g. A person having custody of a wild animal solely for the purpose of\ntransporting it to a licensed veterinarian, wildlife rehabilitator,\nhumane society or other entity authorized by this section to handle or\ntreat wild animals;\n  h. A wildlife sanctuary as defined in subdivision thirty-two of\nsection 11-0103 of this article;\n  i. A person who is not a resident of this state who is in the state\nonly for the purpose of travelling between locations outside the state.\nIn no event shall this time period exceed ten days;\n  j. A person who is paralyzed from the neck down who possesses a new\nworld monkey trained to perform tasks for its owner by an organization\ndescribed in section 501(c) of the Internal Revenue Code of 1986 and\ndedicated to improving the quality of life of persons paralyzed from the\nneck down.\n  3. Any person who possesses or harbors a wild animal for use as a pet\nat the time that this section takes effect may retain possession of such\nanimal for the remainder of its life, provided that such person:\n  a. Has not been convicted of any offense relating to cruelty to\nanimals or under a judicial order prohibiting possession of animals;\n  b. Applies to the department within six months of the effective date\nof this section, and obtains from the department, a license pursuant to\nsubdivision four of this section;\n  c. Complies with all applicable federal, state, or local laws,\nincluding any ordinance, rule or regulation adopted by a local board of\nhealth, or any rules and regulations established by the department as\nrequisites for ownership of such wild animal; and\n  d. Reports a release to the local police department and animal control\nimmediately upon discovery of the release. Each escape during a twelve\nmonth period of time will subject the possessor to penalties by the\ndepartment pursuant to subdivisions eight and nine of this section.\n  4. The department shall be required to issue licenses authorizing\npossession of wild animals only to those persons who comply with the\nprovisions of subdivision three of this section and with any regulations\npromulgated by the department thereunder. Such licenses shall be valid\nin any jurisdiction within the state where possession of a wild animal\nis not prohibited by local law or ordinance, rule or regulation adopted\nby a local board of health, and shall be renewable biennially during the\nlife of the animal subject to continued compliance with the provisions\nof this section and with any regulations promulgated thereunder. The\ndepartment shall forward copies of such licenses to the clerk of the\ncity, town or village in which each wild animal is harbored.\n  a. License applications shall include, but shall not be limited to,\nthe following:\n  (1) The name, address and telephone number of the person who owns,\npossesses or harbors the wild animal or animals, including an\nacknowledgment that the person who owns, possesses or harbors the wild\nanimal or animals is twenty-one years of age or older.\n  (2) The address of the location where the wild animal or animals will\nbe kept, if different from the above.\n  (3) A detailed description of each wild animal owned, possessed or\nharbored, including species, gender, age, any identifying\ncharacteristics, and an identification tag or tattoo if required by the\ndepartment, with proof, acceptable to the department, that each such\nwild animal was acquired prior to the effective date of this section.\n  (4) The name, address and telephone number of the veterinarian, who\nhas agreed to treat the wild animal.\n  (5) An acknowledgment indicating that the wild animal or animals will\nnot be bred.\n  (6) A detailed certification establishing that the location in which\nthe wild animal will be kept complies with all appropriate standards of\ncare and at minimum complies with the standards for animal care set\nforth in the Federal Animal Welfare Act and other applicable federal,\nstate and local standards, including, but not limited to housing,\ntemperature, ventilation, drainage, sanitation, food, water, exercise\nand veterinary care appropriate to the species and sufficient to\nmaintain the wild animal in good health.\n  (7) An acknowledgment that the wild animal will not be tied, tethered,\nor chained outdoors, allowed to run at large and that the wild animal\nwill not be brought to any public park or commercial or retail\nestablishment unless it is being brought to a veterinarian or veterinary\nclinic.\n  (8) An acknowledgment that possession, harboring or owning such wild\nanimal does not violate any applicable federal, state or local law,\nincluding any ordinance, rule or regulation adopted by a local board of\nhealth.\n  b. The department shall set biennial license fees for the possession\nof wild animals pursuant to subdivision three of this section in an\namount determined to be reasonable but not more than one hundred\nseventy-five dollars for two years for each wild animal. License fees\nshall be used solely for the implementation and enforcement of this\nsection.\n  5. The provisions of the state administrative procedure act shall\napply to the denial or revocation of a license.\n  6. Any person in possession of a wild animal as a pet that has been\ngranted a license pursuant to subdivision four of this section shall not\nbreed, or sell, trade, barter or exchange such wild animal.\n  7. A person possessing, owning or harboring a wild animal who is\ndenied a license pursuant to subdivision four of this section, or whose\nlicense is revoked, shall surrender such wild animal to the department\nor an authorized agent thereof at a location designated by the\ndepartment for such surrender or a police or peace officer of this\nstate, a local animal control officer, or a duly incorporated society\nfor the prevention of cruelty to animals, or provide proof that the\nanimal has been humanely euthanized according to American Veterinary\nMedical Association standards by a licensed veterinarian.\n  8. The department, any police or peace officer of this state, a local\nanimal control officer, or a duly incorporated society for the\nprevention of cruelty to animals is hereby authorized to enforce the\nprovisions of this section and issue notices of violation to persons in\nviolation of this section, and shall have the authority to seize any\nwild animal held in violation of this section. A county society for the\nprevention of cruelty to animals must obtain a warrant before seizing a\nwild animal or arresting a person who owns or possesses a wild animal\nunder this section. Wild animals seized or surrendered pursuant to the\nprovisions of this section shall be transferred to a duly incorporated\nwildlife sanctuary as defined in this section, or a zoological facility,\nor shall be humanely euthanized. Any costs associated with seizing,\ntransferring, recapturing or euthanizing a wild animal shall be borne by\nthe person who owned, harbored or possessed the animal. The department\nshall also have the authority to seek injunctive relief in any court of\nappropriate jurisdiction to prevent continued violations of this\nsection.\n  9. Notwithstanding any other provision of law, any person who\nknowingly breeds a wild animal or knowingly possesses, owns, harbors,\nsells, barters, transfers, exchanges, or imports a wild animal for use\nas a pet or intentionally releases or sets at-large any wild animal,\nauthorized by this section for use as a pet, from the location where the\nanimal is permitted to be possessed or harbored in violation of the\nprovisions of this section shall be subject to a penalty of not more\nthan five hundred dollars for the first offense and not more than one\nthousand dollars for a second and subsequent offenses. Each instance of\nbreeding, owning, harboring, sale, barter, release, transfer, exchange,\nor import of a wild animal in violation of this section shall constitute\na separate offense.\n  10. Nothing contained in this section shall prevent any city, town or\ncounty from enacting more restrictive provisions governing the\npossession of wild animals for use as pets.\n
N.Y. LFN Law § 72.00 — New York Code / Act LFN / Article 2 / Title 5 / Section 72.00
Reconversion of coupon bonds which have been converted into registered bonds
Status: in_force

§ 72.00 Reconversion of coupon bonds which have been converted into\nregistered bonds.  a. If a coupon bond issued prior or subsequent to the\neffective date of this chapter has been converted into a registered\nbond, the registered holder, or his legal representatives, successors,\nor transferees, may request the registration agent to notify him of the\ncharge for reconverting such bond into a coupon bond. The request shall\ndescribe the bond and state whether coupons for the unmatured interest\nor a new bond with coupons for the unmatured interest is desired. The\nregistration agent shall thereupon ascertain and notify the person\nmaking such request of the expense of preparing such new bond or\ncoupons, and other actual and necessary expenses which will be incurred\nfor mailing, shipping or the insuring of such obligations. The holder,\nor his legal representatives, successors, or transferees, may then\npresent such bond with a written request for its reconversion, which\nrequest shall be duly acknowledged or proved, or in the alternative, the\nsignature of the person making such request shall be certified as to its\ngenuineness by an officer of a bank or trust company located and\nauthorized to do business in this state, and shall at the same time pay\nthe said expenses for such reconversion, to the registration agent.\nNotwithstanding the foregoing provisions of this paragraph, coupon bonds\nof an issue originally sold to the state of New York municipal bond bank\nagency may provide that such bonds may be reconverted from time to time\nwithout charge or subject to such limited charge as may be provided\ntherein.\n  b. The registration agent shall thereupon cause the coupons, or the\nnew bond with coupons, as the case may be, to be prepared. They shall be\nof substantially the same form and tenor as those originally issued,\nexcept that the new bond if issued shall be signed by the appropriate\npersons in office at the time of such reconversion and shall bear the\ndate of the original bond and the coupons shall bear the facsimile\nsignature of the appropriate person in office at the time of such\nreconversion. There shall be endorsed on such new bond the following\nstatement, "This bond has been reconverted and reissued on the     day\nof     ,19 . " If a new bond is issued, the original bond shall be\ndestroyed, and the registration agent shall make an appropriate entry in\nhis books of such destruction and reconversion.  If a new bond is not\nissued, the registration agent shall attach the coupons to the original\nbond and shall register the bond in his books as payable to bearer, and\nshall endorse a certificate of such registration upon the bond.\n  c. Any bond so reconverted may again and from time to time be\nconverted into a registered bond and reconverted into a coupon bond in\nthe manner provided in this section and section 71.00 of this chapter.\n
N.Y. ENV Law § 9-0509 — New York Code / Act ENV / Article 9 / Title 5 / Section 9-0509
Lease of land to federal government for use by the federal aviation agency
Status: in_force

§ 9-0509. Lease of land to federal government for use by the federal\n            aviation agency.\n  1. Notwithstanding any contrary provision of this article, the\ndepartment is hereby authorized upon such terms and conditions as it may\ndeem appropriate to lease to the federal government, for use by the\nfederal aviation agency, the following described land:\n  From the United States Coast and Geodetic Survey Monument "SHED"\nlocated at Latitude North 42Á-47'-21", Longitude West 75Á-49'-37"\nproceed S 88Á-15" E a distance of 325 feet to a point on the common\nproperty line between the lands of Howard Williams and the lands of the\nNew York State Department of Environmental Conservation, said point\nbeing the Northeast corner of Lot 12, Proposal B, Reforestation Area 3,\nMadison County and also the point of beginning of the herein described\narea:\n  Thence S 8Á-15' W a distance of 540.0 feet to a point;\n  Thence S 41Á-15' W a distance of 565.0 feet to a point;\n  Thence N 36Á-15' W a distance of 638.0 feet to a point;\n  Thence N 11Á-15' E a distance of 535.0 feet to a point;\n  Thence S 83Á-30' E a distance of 725.0 feet to a point of beginning,\ncontaining in all 14 acres more or less, all being situated in Lot 12,\nProposal B, Reforestation Area 3, Madison County, State of New York. All\nbearings are magnetic.\n  2. The lease of the above described premises shall include the right\nto construct thereon a very high frequency omni-range navigation\nfacility, together with the right to operate and maintain the same, with\neasements of access for laying, operating and maintaining utility lines\nin connection therewith.\n
N.Y. VAT Law § 510-B — New York Code / Act VAT / Title 5 / Article 20 / Section 510-B
Suspension and revocation for violations committed during probationary periods
Status: in_force

§ 510-b. Suspension and revocation for violations committed during\nprobationary periods.  1. A license, other than a class DJ or class MJ\nlicense, shall be suspended, for a period of sixty days, (i) upon the\nfirst conviction of the licensee of a violation, committed during the\nprobationary period provided for in subdivision four of section five\nhundred one of this title, of any provision of section eleven hundred\ntwenty-nine of this chapter, section eleven hundred eighty of this\nchapter or any ordinance or regulation limiting the speed of motor\nvehicles and motorcycles, section eleven hundred eighty-two of this\nchapter, subdivision one of section eleven hundred ninety-two of this\nchapter or section twelve hundred twelve of this chapter; or (ii) upon\nthe second conviction of the licensee of a violation, committed during\nthe aforesaid probationary period, of any other provision of this\nchapter or of any other law, ordinance, order, rule or regulation\nrelating to traffic.\n  2. A license, other than a class DJ or class MJ license, considered\nprobationary pursuant to subdivision three of this section shall be\nrevoked upon the conviction of the licensee of a violation or violations\ncommitted within six months following the restoration or issuance of\nsuch license, which conviction or convictions would result in the\nsuspension of a probationary license pursuant to subdivision one of this\nsection or subparagraph (xvi) of paragraph b of subdivision two of\nsection five hundred ten of this article.\n  3. Any license, other than a class DJ or class MJ license, which is\nrestored or issued to a person who has had his last valid license\nsuspended or revoked pursuant to the provisions of this section or the\nprovisions of subparagraph (xii) of paragraph a or subparagraph (xvi) of\nparagraph b of subdivision two of section five hundred ten of this\narticle shall be considered probationary until the expiration of six\nmonths following the date of restoration or issuance thereof.\n  4. The provisions of subdivisions one, five, six and seven of section\nfive hundred ten of this chapter shall apply to any suspension or\nrevocation under this section. However, the provisions of this section\nshall not operate to prevent a mandatory revocation or suspension for a\ngreater period of time under subdivision two of section five hundred ten\nof this chapter or section eleven hundred ninety-three of this chapter;\nnor shall the provisions of this section prevent revocation or\nsuspension under subdivisions two and three of section five hundred ten\nbased upon two or more violations, including the same violation which\nwas the basis for suspension or revocation under this section.\n
N.Y. ENV Law § 27-0505 — New York Code / Act ENV / Article 27 / Title 5 / Section 27-0505
Powers and duties of the commissioner
Status: in_force

§ 27-0505. Powers and duties of the commissioner.\n  In administering and enforcing the provisions of this title, the\ncommissioner shall:\n  1. make an estimate of funds or appropriations for inclusion annually\nin the executive budget for state aid under this title including section\n27-0509 hereof;\n  2. receive applications for state aid in such form and containing such\ninformation as he may require;\n  3. qualify municipalities for state aid and advise them concerning\nsuch qualification;\n  4. in the cases of collection system development programs and\nimplementation feasibility projects, approve the geographical scope and\nsubject matter coverage thereof prior to commencement to work thereon;\n  5. approve prior to final payment the documents in respect to which\nstate aid has been sought;\n  6. approve vouchers for payment of state aid grants;\n  7. adopt guidelines setting forth criteria by which to evaluate the\neligibility and relative entitlement of municipalities for funding under\nthis title; and\n  8. perform such other and further acts and promulgate such further\nrules and regulations as may be necessary, proper and desirable to carry\nout effectively the provisions of this title.\n
N.Y. LAB Law § 566 — New York Code / Act LAB / Article 18 / Title 5 / Section 566
Indian tribes
Status: in_force

§ 566. Indian tribes. 1. Definitions. (a) Indian tribe shall mean any\nIndian tribe, subdivision, subsidiary or business enterprise wholly\nowned by such Indian tribe, as defined in section 3306(u) of the federal\nunemployment tax act (FUTA).\n  (b) The term "employer" as defined under section five hundred twelve\nof this article shall include any Indian tribe for which service in\nemployment as defined under this article is performed.\n  (c) The term "employment" as defined under section five hundred eleven\nof this article shall include service performed in the employ of an\nIndian tribe provided such service is excluded from "employment" as\ndefined in FUTA solely by reason of section 3306(c)(7), FUTA, and is not\notherwise excluded from "employment" under this article. For purposes of\nthis section, the exclusions from employment in subdivision two of\nsection five hundred sixty-five of this article shall be applicable to\nservices performed in the employ of an Indian tribe.\n  2. Benefits based on service in employment defined in this section\nshall be payable in the same amount, on the same terms and subject to\nthe same conditions as benefits payable on the basis of other service\nsubject to this article.\n  3. Coverage. An Indian tribe shall be liable for contributions under\nthis article unless it becomes liable for payments in lieu of\ncontributions.\n  4. Election of payments in lieu of contributions. (a) Indian tribes\nliable for contributions under this article may elect to become liable\nfor payments in lieu of contributions in the same manner and under the\nsame conditions as provided in section five hundred sixty-five of this\narticle except as otherwise provided in this section. Indian tribes may\nmake separate elections for itself and each subdivision, subsidiary, or\nbusiness enterprise wholly owned by such Indian tribe.\n  (b) An Indian tribe which has elected to become liable for payments in\nlieu of contributions shall pay into the fund an amount equal to the\namount of benefits paid to claimants and charged to its employer's\naccount in accordance with the provisions of paragraph (e) of\nsubdivision one of section five hundred eighty-one of this article on\nthe basis of remuneration paid on or after the date on which such\nliability became effective. The amount of payments so required shall be\ndetermined by the commissioner as soon as practicable after the end of\neach calendar quarter or any other period. Such amount shall be payable\nquarterly or at such times and in such manner as the commissioner shall\nprescribe and, when paid, the employer's account of the Indian tribes\nshall be discharged accordingly.\n  (c) If an Indian tribe elects payments in lieu of contributions as a\ngroup, the members of the group shall be severally and jointly liable\nfor payments of amounts equal to the amounts of benefits paid to\nclaimants and charged to the employer's accounts of all members of the\ngroup. The commissioner may prescribe conditions and methods for such\ngroup elections and for the discharge of the obligations and\nresponsibilities of the group and its members. Such request shall be\nmade in accordance with the provisions of paragraph (a) of this\nsubdivision.\n  (d) Any Indian tribe that elects to become liable for payments in lieu\nof contributions shall, within ninety days of the approval date of its\nelection, execute and file with the commissioner a surety bond approved\nby the commissioner as to amount and form. Such surety bond shall\ncontinue in effect during periods covering such election, but may be\nrevised annually as to amount and form at the discretion of the\ncommissioner.\n  5. Termination of election. (a) An Indian tribe may terminate its\nelection to become liable for payments in lieu of contributions as of\nthe first day of any calendar year by filing a written notice to this\neffect with the commissioner before the beginning of such year.\n  (b) If such election is terminated by an Indian tribe or cancelled by\nthe commissioner, the Indian tribe shall remain liable for payments in\nlieu of contributions with respect to all benefits charged to its\naccount on the basis of remuneration paid before the date on which such\ntermination or cancellation took effect.\n  (c) Failure of an Indian tribe to make required payments, including\nassessments of interest and penalty, within ninety days of receipt of\nthe notice of delinquency, will cause the Indian tribe to lose the\noption to make payments in lieu of contributions, as described in\nsubdivision four of this section, for the following calendar year unless\npayment in full is received before the computation date preceding the\nfollowing calendar year.\n  (d) Any Indian tribe that loses the option to make payments in lieu of\ncontributions due to late payment or nonpayment, as described in\nparagraph (c) of this subdivision, may request such option be reinstated\nprospectively by the commissioner, if all contributions have been made\ntimely, provided no contributions, payments in lieu of contributions for\nbenefits paid, penalties or interest are outstanding. Such request shall\nbe made in accordance with the provisions of paragraph (a) of\nsubdivision four of this section.\n  6. Termination of coverage. (a) If, within ninety days of receipt of a\nnotice of delinquency, an Indian tribe fails to make required\ncontributions, payments in lieu of contributions, payments of penalties\nor interest under this article or fails to post a payment bond, and\nafter all collection activities deemed necessary by the commissioner\nhave been exhausted, the commissioner may cause services performed for\nsuch tribe to not be treated as "employment" for purposes of subdivision\none of this section. Such termination of coverage shall be effective on\nthe first day of the quarter following the quarter in which notice of\ntermination was mailed.\n  (b) The commissioner may determine that an Indian tribe that loses\ncoverage under paragraph (a) of this subdivision, may have services\nperformed for such tribe again included as "employment" for purposes of\nsubdivision one of this section if all contributions, payments in lieu\nof contributions, penalties and interest have been paid. Such coverage\nshall begin as of the quarter following the calendar quarter in which\nall contributions, payments in lieu of contributions and interest have\nbeen paid.\n  7. Notices of payment and reporting delinquency to Indian tribes or\ntheir tribal units shall include information that failure to make full\npayment within the prescribed time frame:\n  (a) will cause the Indian tribe to be liable for taxes under FUTA;\n  (b) will cause the Indian tribe to lose the option to make payments in\nlieu of contributions;\n  (c) could cause the Indian tribe to be exempted from the definition of\n"employer", as provided in subdivision one of this section, and services\nin the employ of the Indian tribe, as provided in subdivision two of\nthis section, to be exempted from "employment".\n  8. Joint accounts. Any two or more Indian tribes may form a joint\naccount by complying with rules and regulations prescribed by the\ncommissioner for the establishment, maintenance and dissolution of such\naccounts.\n  9. Assessment and collection of payments in lieu of contributions. The\namount of payments in lieu of contributions due hereunder from Indian\ntribes but not paid upon notice shall be assessed and collected by the\ncommissioner, together with interest and penalties, if any, in the same\nmanner and subject to the same conditions under which contributions due\nfrom other employers may be assessed and collected under provisions of\nthis article.\n  10. Extended benefits paid that are attributable to service in the\nemploy of an Indian tribe and not reimbursed by the federal government\nshall be financed in their entirety by such Indian tribe.\n  11. If an Indian tribe fails to make payments required under this\nsection (including assessments of interest and penalty) within ninety\ndays of a final notice of delinquency, the commissioner will immediately\nnotify the United States internal revenue service and the United States\ndepartment of labor.\n
N.Y. SOS Law § 82 — New York Code / Act SOS / Article 3 / Title 5 / Section 82
Accounts
Status: in_force

§ 82.  Accounts.  All social services officials shall keep such\naccounts regarding the receipt and disbursements of the social services\nfunds, and of any trust funds, as may be required by law or directed by\nthe department.\n
N.Y. VAT Law § 509-G — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-G
Examinations and tests
Status: in_force

§ 509-g. Examinations and tests. Each motor carrier shall require the\nfollowing from each driver it employs:\n  1. A biennial examination pursuant to regulations established by the\ncommissioner, by a physician, a certified nurse practitioner to the\nextent authorized by law and consistent with subdivision three of\nsection six thousand nine hundred two of the education law, or a\nregistered physician assistant who is not the personal physician, nurse\npractitioner or physician assistant of the driver. Included shall be a\nrequirement to conduct a vision test pursuant to regulations issued by\nthe commissioner.\n  2. An annual check of the applicant's past driving record, and a\npersonal interview.\n  3. Regular observation of the driver's defensive driving performance\nwhile operating his vehicle with passengers by competent supervisory\nemployees of the carrier, or by competent outside supervisory personnel,\nwith written reports of the observations performed to be maintained in\nthe driver's file.\n  4. A biennial behind-the-wheel driving test conducted by competent\nsupervisory personnel of the carrier, or competent outside supervisory\npersonnel, to include defensive driving performance. Such driving test\nmay be conducted during the driver's normal daily operations and shall\nalso include:\n  (1) Pretrip inspection.\n  (2) Placing the vehicle in operation.\n  (3) Use of the vehicle's controls and emergency equipment.\n  (4) Operating the vehicle in traffic and while passing other vehicles.\n  (5) Turning the vehicle.\n  (6) Braking and slowing the vehicle by means other than braking.\n  (7) Backing and parking the vehicle.\n  5. In addition to the provisions outlined above, all motor carriers\nshall require each driver biennially to complete a written or oral\nexamination testing his knowledge of the rules of the road, defensive\ndriving practices and the laws regulating driving a bus in this state.\nSuch examination may be conducted during the driver's normal daily\noperations.\n  6. (a) All motor carriers shall be required to conduct pre-employment\nand random drug and alcohol testing in accordance with the provisions\nand requirements of Part 382 of Title 49 of the Code of Federal\nRegulations on all drivers of a school bus, as defined by section one\nhundred forty-two of this chapter, regardless of commercial driver's\nlicense endorsement. Every such school bus driver shall be included in\nthe random testing pool from which drivers are randomly selected for\ntesting, and every such driver shall submit to such testing when\nselected, as required in Part 382 of Title 49 of the Code of Federal\nRegulations. For the purposes of this section "motor carriers" shall\nmean a school or municipality that transports children to and from\nschool or any person, corporation or entity in contract with a\nmunicipality or school district for the purposes of transporting\nchildren to and from school.\n  (b) Drug testing administered pursuant to this section shall, at a\nminimum, be in conformance with drug testing procedures as set forth in\nPart 382 of Title 49 of the Code of Federal Regulations.\n  7. In addition to the other provisions of this section, in the event\nthe commissioner authorizes or requires the pre-trip safety briefings\nrequired pursuant to subdivision nine of section five hundred nine-m of\nthis article to be live and in-person, all motor carriers shall conduct\na regular observation of the proficiency of each driver who operates\naltered motor vehicles commonly referred to as "stretch limousines"\ndirected or operated by such motor carrier, designed to carry nine or\nmore passengers including the driver pursuant to operating authority\nissued by the commissioner of transportation, in providing such pre-trip\nsafety briefings.\n
N.Y. PBA Law § 906 — New York Code / Act PBA / Article 4 / Title 5 / Section 906
Bonds of the authority
Status: in_force

§ 906. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue bonds, notes or\nother obligations to pay the cost of any project or for any other\npurpose under this title, including the establishment of reserves to\nsecure the bonds, the payment of principal of, premium, if any, and\ninterest on the bonds and the payment of incidental expenses in\nconnection therewith.  The aggregate principal amount of such bonds,\nnotes or other obligations shall not exceed ten million dollars\n($10,000,000), excluding bonds, notes or other obligations issued to\nrefund or repay bonds, notes, or other obligations theretofore issued\nfor such purposes; provided, however, that upon any such refunding or\nrepayment the total aggregate principal amount of outstanding bonds,\nnotes or other obligations may be greater than ten million dollars\n($10,000,000), only if the present value of the aggregate debt service\nof the refunding or repayment of bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor purposes of this section, the present value of the aggregate debt\nservice of the refunding or repayment of bonds, notes or other\nobligations and the aggregate debt service of the bonds, notes or other\nobligations and of the aggregate debt service of the bonds, notes or\nother obligations so to be refunded or repaid shall be calculated by\nutilizing the effective interest rate of the refunding or repayment of\nbonds, notes or other obligations, which shall be that rate arrived at\nby doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment of bonds, notes or other obligations from payment of dates\nthereof to the date of issue of the refunding or repayment of bonds,\nnotes or other obligations and to the price bid including estimated\naccrued interest from the sale thereof.  The authority shall have the\npower and is hereby authorized to enter into such agreements and perform\nsuch acts as may be required under any applicable federal legislation to\nsecure a federal guarantee or other subsidy with respect to any bonds.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for the purposes authorized under this title,\nto issue bonds to pay bonds, and, whenever it deems refunding expedient,\nto refund any bond by the issuance of new bonds, whether the bonds to be\nrefunded have or have not matured, and may issue bonds, partly to refund\nbonds then outstanding and partly for any other purpose of the\nauthority. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the governing body\nof the authority, be in such denominations and bear such date or dates\nand mature at such time or times, as such resolution may provide,\nprovided that bonds and renewals thereof shall mature within thirty\nyears from the date of original issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the service area of the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the governing body of the\nauthority, on the written recommendation of the chairperson may\nauthorize the sale of such bonds at private or public sale on a\nnegotiated basis or on either a competitive or negotiated basis. The\nauthority shall set guidelines governing the terms and conditions of any\nsuch private or public sales.  The private or public bond sale\nguidelines set by the authority shall include, but not be limited to, a\nrequirement that where the interests of the authority will be served by\na private or public sale of bonds, the authority shall select\nunderwriters taking into account, among other things, qualifications of\nunderwriters as to experience, their ability to structure and sell\nauthority bond issues, anticipated costs to the authority, the prior\nexperience of the authority with the firm, if any, the capitalization of\nsuch firms, participation of qualified minority and women-owned business\nenterprise firms in such private or public sales of bonds of the\nauthority and the experience and ability of firms under consideration to\nwork with minority and women-owned business enterprises so as to promote\nand assist participation by such enterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) In addition to the authority to sell notes at private sale\ncontained in this section.\n  (f) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (g) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (h) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (i) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking the\nfunds and the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the general laws of the state and other\nprovisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) limitations on the amount of revenues and other monies to be\nexpended or operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers conferred under this section upon the\nauthority to secure its bonds, the authority shall have the power in\nconnection with the issuance of bonds to adopt resolutions and enter\ninto such trust indentures, agreements or other instruments as the\nauthority may deem necessary, convenient or desirable concerning the use\nor disposition of its revenues or other monies or property, including\nthe mortgaging of any property and the entrusting, pledging or creation\nof any other security interest in any such revenues, monies or property\nand the doing of any act, including refraining from doing any act which\nthe authority would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\nauthority shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the authority by this title and to perform such\nresolutions, trust indentures, agreements or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements or\nother instruments may be made a part of the contract with the holders of\nbonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members of the governing body of the authority nor the\nofficers of the authority nor any person executing its bonds shall be\nliable personally on its bonds or be subject to any personal liability\nor accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n
N.Y. PBA Law § 1099 — New York Code / Act PBA / Article 5 / Title 5 / Section 1099
Notes of the authority
Status: in_force

§ 1099. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes in\nconformity with applicable provisions of the uniform commercial code and\nmay renew the same from time to time but the maximum maturity of any\nsuch note, including renewals thereof, shall not exceed five years from\nthe date of issue of such original note. Such notes shall be paid from\nany moneys of the authority available therefor and not otherwise pledged\nor from the proceeds of sale of the bonds of the authority in\nanticipation of which they were issued. The notes shall be issued in the\nsame manner as the bonds and such notes and the resolution or\nresolutions authorizing the same may contain any provisions, conditions\nor limitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold at public or private sale at not less\nthan par and shall bear interest at a rate not exceeding five per centum\nper annum. Such notes shall be as fully negotiable as the bonds of the\nauthority.\n
N.Y. PBH Law § 578 — New York Code / Act PBH / Article 5 / Title 5 / Section 578
Penalties
Status: in_force

§ 578. Penalties. 1. (a) A person who owns or operates a clinical\nlaboratory or blood bank, and who does not hold a valid permit issued\npursuant to the provisions of this title or who otherwise does not\ncomply with this title or the New York city health code is guilty of a\nmisdemeanor, punishable by imprisonment for not more than one year, or\nby a fine of not more than two thousand dollars, or by both such fine\nand imprisonment.  For any subsequent offense, the penalty shall be both\nsuch fine and imprisonment.\n  (b) A person who owns or operates a clinical laboratory or blood bank\nand willfully misreports laboratory results or otherwise fails to comply\nwith the provisions of this title is guilty of a class A misdemeanor,\npunishable by imprisonment for not more than one year, or by a fine of\nnot more than one thousand dollars, or by both such fine and\nimprisonment.\n  2. A person who acts as a director after July first, nineteen hundred\nsixty-five, and who does not hold a valid certificate of qualification\nissued pursuant to the provisions of this title is guilty of a\nmisdemeanor, punishable by imprisonment for not more than one year, or\nby a fine of not more than five hundred dollars or by both such fine and\nimprisonment.\n
N.Y. PBA Law § 3615 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3615
Tax exemption and tax contract by the state
Status: in_force

§ 3615. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the corporation and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\ncorporation shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the corporation shall not be required to pay any fees, taxes,\nspecial ad valorem levies or assessments of any kind, except as provided\npursuant to the public health law, whether state or local, including but\nnot limited to fees, taxes, special ad valorem levies or assessments on\nreal property, franchise taxes, sales taxes or other taxes, upon or with\nrespect to any property owned by it or under its jurisdiction, control\nor supervision, or upon the uses thereof, or upon or with respect to its\nactivities or operations in furtherance of the powers conferred upon it\nby the title, or upon or with respect to any fares, tolls, rentals,\nrates, charges, fees, revenues or other income received by the\ncorporation. Provided, however, that any real property owned or acquired\nby the corporation outside of the towns shall be exempt from real\nproperty taxes, ad valorem levies or special assessments only pursuant\nto and to the extent provided by an agreement with the governing body of\nthe municipality in which such real property is located. Provided,\nfurther, subsidiaries of the corporation are not included within the\nforegoing exemption.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the corporation\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the corporation issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The corporation may pay, or may enter into agreements with the\ntowns or any municipality to pay, a sum or sums annually or otherwise or\nto provide other considerations with respect to real property owned by\nthe corporation located within the towns or such municipality.\n
N.Y. ELN Law § 5-500 — New York Code / Act ELN / Article 5 / Title 5 / Section 5-500
Registration records; form and content
Status: in_force

§ 5-500. Registration records; form and content. 1. There shall be two\nrecords of the registration of each voter. Except as otherwise provided\nin this chapter, one record shall be sent, at the time of every\nelection, to the polling place where the voter is entitled to vote, and\nshall be known as the "registration poll record". Between elections it\nshall be kept in the main office or a branch office of the board of\nelections. The other record shall be kept constantly in such main office\nor branch office and shall be known as the "central file registration\nrecord". The two types of records shall be prepared in different colors.\n  2. The face of each registration record, at or before its use, shall\nhave entered at the top the name of the county in which it is to be used\nand a registration serial number, which shall be different for each\nvoter but the same for the two records of each voter.\n  3. The central file registration records shall be printed on one side\nonly, and shall be identical in substance, printing and arrangement with\nthe face of the registration poll records.\n  4. The central file registration records and the face of the\nregistration poll records shall contain a space for the voter's\nsignature, preceded by the words, "The foregoing statements are true",\nand followed by the signature of the two members of the board of\ninspectors or central registration board by whom the voter is\nregistered. In addition, there shall be spaces for the following\nentries, all of which shall precede the space for the voter's signature:\n  a. Serial number assigned to voter and county of registration;\n  b. The voter's surname, given name and initials of other names;\n  c. The date of registration;\n  d. The residence address at which the voter claims to reside and post\noffice address, if not the same; and the number or designation of the\nroom, apartment, or floor occupied by the voter if he or she does not\nclaim the entire building as his or her residence; and in addition,\nspace for the furnishing of an e-mail address, the furnishing of which\nshall be optional, together with a notice stating that if an e-mail\naddress is furnished, all notices and communications otherwise required\nto be sent by the state board of elections to the voter by postal mail\nshall be sent by e-mail in addition to postal mail. County boards of\nelections and the board of elections of the city of New York shall have\nthe option of sending notices and communications otherwise required to\nbe sent to the voter by postal mail by e-mail in addition to postal mail\nif the voter furnishes an e-mail address;\n  e. The assembly district or ward and the election district in which\nsuch residence address is located;\n  f. The length of the voter's residence in the county or city\ncalculated to the time of the next general election;\n  g. Whether the voter has previously voted or registered to vote and,\nif so, the approximate year in which he last voted or registered and his\nname and address at the time;\n  h. His date of birth;\n  i. A space for the applicant to indicate whether or not he is a\ncitizen of the United States;\n  j. The gender of the voter (optional);\n  k. The telephone number of the applicant (optional);\n  l. Whether the voter was challenged;\n  m. A space for the applicant to indicate his choice of party\nenrollment, with a clear alternative provided for the applicant to\ndecline to affiliate with any party.\n  n. On the face of each registration record there also shall be spaces\nappropriately entitled, for entering information about the cancellation\nof registration, the date of such cancellation and the reason therefor,\nand the signature of the two members or employees of the board,\nrepresenting different political parties by whom the cancellation was\nrecorded;\n  o. A space for "remarks" regarding other facts required by this\nchapter to be recorded or appropriate to identify the voter;\n  p. A space for pre-registering applicants to respond to the following\nquestion: "Are you at least 16 years of age and understand that you must\nbe 18 years of age on or before election day to vote, and that until you\nwill be eighteen years of age at the time of such election your\nregistration will be marked 'pending' and you will be unable to cast a\nballot in any election?".\n  5. On each registration poll record shall be spaces appropriately\nentitled and arranged for the voting record and signature of each voter.\nEach line above the last shall be reserved for the entries for each\nelection at which the voter casts his vote. Such arrangement shall allow\nfor the entry of the following information with reference to each\nelection at which the registrant shall vote; the year, month and day of\nthe election; the voter's number recorded on the public-counter, and the\ndesignation of the particular machine used if there be more than one in\nthe district, if voting machines are used; the number on the ballot\ndelivered and voted by the voter, if paper ballots are used; the\nsignature of the voter; and the signatures or initials of the election\ninspectors by whom the voter is admitted to vote. On the last line at\nthe bottom shall be a space for the voter's signature to be made at the\ntime of registration.\n  6. On a different part of the registration poll record shall be spaces\nfor recording the enrollment of the voter, changes in such enrollment,\nincluding, in each case, the number of the enrollment blank used, the\ndate, the name of the party, appropriate remarks; and the initials of\nthe board members who make any entry:\n  7. The state board of elections shall prescribe the form of the record\nrequired by this section which may include any additional information it\nshall deem necessary. The state board may provide that the form of\napplication for registration by mail may be used in lieu of the form\nprescribed by this section.\n
N.Y. ENV Law § 51-0505 — New York Code / Act ENV / Article 51 / Title 5 / Section 51-0505
Appoval of projects
Status: in_force

§ 51-0505. Appoval of projects.\n  1. Air quality improvement projects shall be undertaken pursuant to\nthis title only with the approval of the commissioner, and in the case\nof municipal projects, pursuant to an approved contract for state\nassistance.\n  2. In reviewing projects, the commissioner shall give due\nconsideration to:\n  a. the urgency of the need for upgrading to meet ambient air quality\nstandards;\n  b. the age and condition of the incinerator, furnace or boiler;\n  c. the economic feasibility of upgrading;\n  d. expected increased efficiency;\n  e. expected life of any public facility associated with the\nincinerator, furnace, or boiler;\n  f. the reduction in air contaminants required to bring the\nincinerator, furnace, or boiler emissions into compliance with the\napplicable air quality standards.\n  g. in the case of a project defined in paragraph b of subdivision one\nof section 51-0503 of this title, the matters required to be taken into\naccount under sections 51-0905 and 51-0907 of this article.\n  3. The state share of the cost of a municipal air quality improvement\nproject shall not exceed fifty (50) percent of the cost thereof.\n
N.Y. LAB Law § 563 — New York Code / Act LAB / Article 18 / Title 5 / Section 563
Non-profit organizations
Status: in_force

§ 563. Non-profit organizations. 1. Definition. A "non-profit\norganization" shall mean any corporation, unincorporated association,\ncommunity chest, fund, or foundation organized and operated exclusively\nfor religious, charitable, scientific, literary or educational purposes,\nno part of the net earnings of which inures to the benefit of any\nprivate shareholder or individual.\n  2. Exclusions. In addition to services not included pursuant to the\nprovisions of section five hundred eleven, the term "employment" does\nnot include services rendered for a non-profit organization by\n  (a) a duly ordained, commissioned, or licensed minister of a church in\nthe exercise of his ministry, or by a member of a religious order in the\nexercise of duties required by such order,\n  (b) a lay member elected or appointed to an office within the\ndiscipline of a bona fide church and engaged in religious functions;\n  (c) a person employed at a place of religious worship as a caretaker\nor for the performance of duties of a religious nature, or both, unless\nvoluntary election has been made pursuant to the provisions of section\nfive hundred sixty-one of this article;\n  (d) a person who\n  (1) receives rehabilitative services in a facility conducted for the\npurpose of carrying out a program of rehabilitation for individuals\nwhose earning capacity is impaired by age or physical or mental\ndeficiency or injury or\n  (2) is given remunerative work in a facility conducted for the purpose\nof providing such work for persons who cannot be readily absorbed in the\ncompetitive labor market because of their impaired physical or mental\ncapacity;\n  (e) an incarcerated individual of a custodial or penal institution;\n  (f) a person who participates in a youth service program designed to\nfoster a commitment to community service and occupational and\neducational development and who, while participating in that program,\nperforms services in the community or attends school and receives a\nstipend designed to cover expenses incurred in performing services or\nattending school, and is eligible for an award or scholarship upon\nleaving the program.\n  3. Coverage. Notwithstanding the provisions of sections five hundred\nsixty and five hundred sixty-two, a non-profit organization\n  (a) shall become liable for contributions under this article\n  (1) if it has paid cash remuneration of one thousand dollars or more\nin any calendar quarter and such liability shall commence on the first\nday of such quarter or\n  (2) if it has employed four or more persons on each of twenty days\nduring a calendar year or the preceding calendar year, each day being in\na different calendar week, and the liability shall in this event\ncommence on the first day of the calendar year, and\n  (b) shall cease to be liable for contributions as of the first day of\na calendar quarter next following the filing of a written application to\nthis effect provided the commissioner finds that\n  (1) it has not paid cash remuneration of one thousand dollars or more\nin any of the four calendar quarters preceding such day and\n  (2) has not employed four or more persons on each of twenty days\nduring the current or the preceding calendar year, each day being in a\ndifferent week.\n  4. Election of payments in lieu of contributions. A non-profit\norganization, or a group of such organizations, liable for contributions\nunder this article, but not subject to taxation under the federal\nunemployment tax act pursuant to the provisions of paragraph (8) of\nsubsection (c) of section thirty-three hundred six of that act, may\nelect to become liable for payments in lieu of contributions as of the\nfirst day of any calendar year by filing with the commissioner a written\nnotice to this effect before the beginning of such year or, if the\norganization was not liable in the preceding calendar year, by filing\nthe notice not later than thirty days after the end of that calendar\nquarter in which the event rendering it liable occurred. The\ncommissioner may for good cause shown extend the time for the filing of\nsuch notice.\n  5. Obligations upon election. (a) A non-profit organization which is\nliable for payments in lieu of contributions shall pay into the fund an\namount equal to the amount of benefits paid to claimants and charged to\nits employer's account in accordance with the provisions of paragraph\n(e) of subdivision one of section five hundred eighty-one on the basis\nof remuneration paid on or after the date on which such liability became\neffective. The amount of payments so required shall be determined by the\ncommissioner as soon as practicable after the end of each calendar\nquarter or any other period. Such amount shall be payable at such times\nand in such manner as the commissioner may prescribe and, when paid, the\nemployer's account of the non-profit organization shall be discharged\naccordingly.\n  (b) If non-profit organizations elect payments in lieu of\ncontributions as a group, the members of the group shall be severally\nand jointly liable for payments of amounts equal to the amounts of\nbenefits paid to claimants and charged to the employer's accounts of all\nmembers of the group.\n  The commissioner may prescribe conditions and methods for such group\nelections and for the discharge of the obligations and responsibilities\nof the group and its members.\n  (c) If a non-profit organization was liable for contributions under\nthis article before nineteen hundred sixty-nine and elected payments in\nlieu of contributions when such election first became available under\nthis section, the payments it is required to make shall include benefits\ncharged on the basis of weeks of employment which began before the date\non which such election took effect but shall not be greater than the sum\nby which a balance in its employer's account as of such date is exceeded\nby the amount of benefits charged on and after that date. The balance in\nthe employer's account as of such date shall for the purposes of the\nforegoing provisions be deemed to include contributions paid on or\nbefore January thirty-first, nineteen hundred seventy-one on the basis\nof wages paid in the last calendar quarter of nineteen hundred seventy.\n  6. Termination of election. (a) A non-profit organization may\nterminate its election to become liable for payments in lieu of\ncontributions as of the first day of any calendar year by filing a\nwritten notice to this effect with the commissioner before the beginning\nof such year.\n  (b) The commissioner may cancel at any time such election of a\nnon-profit organization which has failed to make any of the payments\nrequired hereunder within thirty days after the commissioner has\nnotified it of the liability for and the amount of such payment. Such\ncancellation shall remain in force and effect until the non-profit\norganization files a new notice of election in accordance with the\nprovisions of subdivision four after having satisfied conditions and\nrequirements prescribed by the commissioner for this purpose.\n  (c) If such election is terminated by a non-profit organization or\ncancelled by the commissioner, the non-profit organization shall remain\nliable for payments in lieu of contributions with respect to all\nbenefits charged to its account on the basis of remuneration paid before\nthe date on which such termination or cancellation took effect.\n  7. Assessment and collection of payments in lieu of contributions. The\namount of payments in lieu of contributions due hereunder but not paid\nupon notice shall be assessed and collected by the commissioner,\ntogether with interest and penalties, if any, in the same manner and\nsubject to the same conditions in which contributions due from other\nemployers may be assessed and collected under the provisions of this\narticle.\n
N.Y. ENV Law § 49-0505 — New York Code / Act ENV / Article 49 / Title 5 / Section 49-0505
State geological planning and advisory council
Status: in_force

§ 49-0505. State geological planning and advisory council.\n  1. For the purposes of this title, "advisory council" means the state\ngeological planning and advisory council established pursuant to this\nsection.\n  2. There shall be established within the department the state\ngeological planning and advisory council. The advisory council shall be\ncomposed of ten members as follows:\n  a. the commissioner, or his or her designee who is an officer or\nemployee of the department;\n  b. the commissioner of economic development, or his or her designee\nwho is an officer or employee of the department of economic development;\n  c. the commissioner of parks, recreation and historic preservation, or\nhis or her designee who is an officer or employee of the office of\nparks, recreation and historic preservation;\n  d. the commissioner of transportation, or his or her designee who is\nan officer or employee of the department of transportation;\n  e. two members appointed by the governor, of whom:\n  (1) one shall have been or is engaged in trail planning and/or\nmanagement, and\n  (2) one shall teach geology or be a geology professional;\n  f. two members appointed by the temporary president of the senate,\nhaving expertise in the field of ecology, conservation or trail\nplanning; and\n  g. two members appointed by the speaker of the assembly, having\nexpertise in the field of ecology, conservation or trail planning.\n  3. The members of the advisory council appointed pursuant to\nparagraphs e, f and g of subdivision two of this section shall serve\nterms of four years. Vacancies in the membership of the advisory council\nshall be filled in the manner provided for original appointments.\n  4. The commissioner, or his or her designee, shall be the chair of the\nadvisory council. The advisory council shall meet not less than three\ntimes each calendar year, and more frequently at the call of the chair.\n  5. The advisory council may establish:\n  a. criteria for signage on the state geological trail, including means\nof providing information about geological features associated with each\nparticular portion of such trail. Provided, however, that all such\nsignage shall comply with the New York state manual and specifications\nfor a uniform system of traffic control devices as such manual and\nspecifications may be amended from time to time, certified by a licensed\nprofessional engineer who specializes in traffic operations. For the\npurposes of this section, the term "New York state manual and\nspecifications for a uniform system of traffic control devices" shall\nmean the national manual of uniform traffic control devices promulgated\nby the federal highway administration pursuant to subpart (f) of part\n655 of title 23 of the code of federal regulations and the New York\nstate supplement adopted by the commissioner of transportation pursuant\nto section sixteen hundred eighty of the vehicle and traffic law; and\n  b. state geological trail publications, guidelines for interpretive\nprograms and themes relating to portions of the state geological trail,\nand an internet website providing directional information on educational\ninstitutions that have programs relating to the geological and\nconservation aspects of the portions of the state geological trail.\n
N.Y. SOS Law § 410-X — New York Code / Act SOS / Article 6 / Title 5-C / Section 410-X
Use of funds
Status: in_force

§ 410-x. Use of funds.  1. A social services district shall expend its\nallocation from the block grant in a manner that provides for equitable\naccess to child care assistance funds to eligible families, and in\naccordance with the applicable provisions in federal law regarding the\nportion of the funds which must be spent on families in receipt of\nfamily assistance, families who are attempting through work activities\nto transition off of family assistance and families at-risk of becoming\ndependent on family assistance and the portion which must be spent on\nother working low-income families. Each social services district may\nspend no more than five percent of its block grant allocation for\nadministrative activities. The term "administrative activities" shall\nnot include the costs of providing direct services.\n  2. (a) The office of children and family services may establish\npriorities for the families which will be eligible to receive funding;\nprovided that the priorities provide that eligible families will receive\nequitable access to child care assistance funds to the extent that these\nfunds are available. The office of children and family services shall\nensure that families in receipt of child care assistance as of September\nthirtieth, two thousand twenty-three who were identified as a priority\npopulation under a local social services district's consolidated\nservices plan shall continue to be eligible for such assistance,\nprovided they meet all other applicable eligibility requirements for\nsuch assistance.\n  (d) Each social services district shall collect and submit to the\ncommissioner of the office of children and family services in a manner\nto be specified by the commissioner of the office of children and family\nservices information concerning the disbursement of child care\nassistance funds showing geographic distribution of children receiving\nassistance within the district.\n  (e) The commissioner of the office of children and family services\nshall submit a report to the governor, temporary president of the senate\nand the speaker of the assembly on or before August thirty-first, two\nthousand one concerning the implementation of this section. This report\nshall include information concerning the disbursement of child care\nassistance funds showing geographic distribution of children receiving\nassistance within the state.\n  3. Child care assistance funded under the block grant must meet all\napplicable standards set forth in section three hundred ninety of this\narticle or the administrative code of the city of New York, including\nchild day care in a child day care center, family day care home, group\nfamily day care home, school age child care program, or in home care\nwhich is not subject to licensure, certification or registration, or any\nother lawful form of care for less than twenty-four hours per day. The\ndepartment also is required to establish, in regulation, minimum health\nand safety requirements that must be met by those providers providing\nchild care assistance funded under the block grant which are not\nrequired to be licensed or registered under section three hundred ninety\nof this article or to be licensed under the administrative code of the\ncity of New York and to those public assistance recipients who are\nproviding child care assistance as part of their work activities or as\ncommunity service under title nine-B of article five of this chapter. A\nsocial services district may submit to the department justification for\na need to impose additional minimum health and safety requirements on\nsuch providers and a plan to monitor compliance with such additional\nrequirements. No such additional requirements or monitoring may be\nimposed without the written approval of the department. Social services\ndistricts shall provide, directly or through referral, technical\nassistance and relevant health and safety information to all public\nassistance recipients who voluntarily choose to provide child care\nassistance as part of their work activities under title nine-B of\narticle five of this chapter.\n  4. The amount to be paid or allowed for child care assistance funded\nunder the block grant shall be the actual cost of care but no more than\nthe applicable market-related payment rate established by the department\nin regulations. The payment rates established by the department shall be\nsufficient to ensure equal access for eligible children to comparable\nchild care assistance in the substate area that are provided to children\nwhose parents are not eligible to receive assistance under any federal\nor state programs. Such payment rates shall take into account the\nvariations in the costs of providing child care in different settings\nand to children of different age groups, and the additional costs of\nproviding child care for children with special needs.\n  5. The department shall promulgate regulations under which provision\nfor child care assistance may be made by providing child care directly;\nthrough purchase of services contracts; by providing cash, vouchers or\nreimbursement to the providers of child care or to the parents or\ncaretaker relatives; or through such other arrangement as the department\nfinds appropriate. Such regulations shall require the use of at least\none method by which child care arranged by the parent or caretaker\nrelative can be paid.\n  6. Pursuant to department regulations, child care assistance shall be\nprovided on a sliding fee basis based upon the family's ability to pay;\nprovided, however, that a family receiving assistance pursuant to this\ntitle shall not be required to contribute more than one percent of their\nincome exceeding the federal poverty level.\n  7. A social services district may suspend the eligibility of a\nprovider who is not required to be licensed or registered under section\nthree hundred ninety of this article to provide child care assistance\nfunded under the block grant, where the provider is the subject of a\nreport of child abuse or maltreatment that is under investigation by\nchild protective services.\n  8. Notwithstanding any provision of law to the contrary, child care\nassistance payments made pursuant to this section may be made by direct\ndeposit or debit card, as elected by the recipient, and administered\nelectronically, and in accordance with such guidelines, as may be set\nforth by regulation of the office of children and family services. The\noffice of children and family services may enter into contracts on\nbehalf of local social services districts for such direct deposit or\ndebit card services in accordance with section twenty-one-a of this\nchapter.\n  9. Reimbursement for payment on behalf of children who are temporarily\nabsent from child care shall be paid for up to eighty days per year.\nReimbursement for additional absences may be allowable in the case of\nextenuating circumstances, as determined by the office of children and\nfamily services.\n  10. Differential payment rates for child care services shall be\nestablished as required by this subdivision; provided however no\nprovider shall receive an aggregate differential in excess of a limit to\nbe set by the regulations of the office.\n  (a) Local social services districts shall establish a differential\npayment rate for child care services provided by licensed or registered\nchild care providers who provide care to a child or children\nexperiencing homelessness. Such differential payment rate shall be no\nless than ten percent higher but no greater than fifteen percent higher\nthan the actual cost of care or the applicable market-related payment\nrate established by the office in regulations, whichever is less.\n  (b) Local social services districts shall establish a differential\npayment rate for child care services provided by licensed, registered,\nor enrolled child care providers who provide care to a child during\nnontraditional hours. Nontraditional hours shall mean care provided\nother than between six o'clock ante meridian and seven o'clock post\nmeridian on weekdays. Such differential payment rate shall be no less\nthan ten percent higher but no greater than fifteen percent higher than\nthe actual cost of care or the applicable market-related payment rate\nestablished by the office in regulations, whichever is less.\n  (c) Nothing in this subdivision shall be construed to limit the\nauthority of the office of children and family services to establish\nadditional differential payment rates by regulation.\n
N.Y. PBH Law § 574 — New York Code / Act PBH / Article 5 / Title 5 / Section 574
Permits
Status: in_force

§ 574.  Permits.  No person shall own or operate a clinical laboratory\nlocated in or accepting specimens from New York state or own or operate\na blood bank which collects, processes, stores and/or distributes, human\nblood, blood derivatives or blood components, in New York state unless a\nvalid permit has been issued as provided in section five hundred\nseventy-five of this title. A permit shall be issued authorizing the\nperformance of one or more procedures or services within one or more\ncategories. A separate permit shall be required for each facility at\nwhich clinical laboratory tests are to be performed or at which a blood\nbank is to be operated, provided, however that the department may adopt\nregulations not inconsistent with the federal clinical laboratory\nimprovement act of nineteen hundred eighty-eight authorizing an owner to\noperate more than one facility under a single permit.\n