N.Y. ENV Law § 11-0501 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0501
Fish and wildlife management practices cooperative program
Status: in_force

§ 11-0501. Fish and wildlife management practices cooperative program.\n  1. Purpose.\n  The cooperative program provided in this section is authorized for the\npurpose of obtaining on the privately owned or leased lands and waters\nof the state practices of fish and wildlife management which will\npreserve and develop the fish and wildlife resources of the state and\nimprove access to them for recreational purposes by the people of the\nstate.\n  2. Definitions.\n  a. "Fish and wildlife management" means management of either fish or\nwildlife, or both.\n  b. "Region" means a fish and wildlife management region established as\nprovided in subdivision 3.\n  c. "Regional board" means a board constituted as provided in\nsubdivision 4. "State board" means the board constituted as provided in\nsubdivision 5.\n  d. "Cooperator" means a person with whom an agreement is made as\nprovided in subdivision 9.\n  e. "Regional supervisor for natural resources" means the employee of\nthe department bearing that title in each region.\n  f. "Department", "commissioner", "fish" and "wildlife" have the\nmeanings stated in section 11-0103.\n  3. Fish and wildlife management regions.\n  The commissioner shall establish not to exceed fifteen fish and\nwildlife management regions of one or more counties each, which shall\ninclude all counties of the state not wholly included within a city.\n  4. Regional fish and wildlife management boards.\n  a. A regional fish and wildlife management board shall be appointed in\neach of the regions established under subdivision 3 of this section.\nSuch regional board shall consist of three members from each county\nwithin the region which has appointed its members. In each county, one\nmember shall be a member of or represent the board of supervisors or\ncounty legislative body, one member shall represent the landowners of\nthe county and one member shall represent the sportsmen of the county.\nSuch members from each county shall be appointed by the chairman of the\nboard of supervisors of such county with the approval of the board of\nsupervisors, except that in a county having a county president, a county\nexecutive or other chief executive officer, the chief executive officer\nshall appoint the members representing such county with the approval of\nthe board of supervisors of such county. In a county having an elected\nlegislative body the presiding officer shall appoint the members\nrepresenting such county with the approval of the legislative body. If\nthere is no presiding officer then the members representing such county\nshall be appointed by the legislative body as a whole. If a member of\nthe board of supervisors or legislative body is not available to\nactively participate on the fish and wildlife management board, a\nrepresentative shall be selected who is an elected county official or\nwho is employed by the county government in a position having\nadministrative or managerial authority. A landowner representative must\nactually reside upon rural lands within the county and actually be\nengaged in the operation of such lands for production of agricultural\ncommodities or forest products. If a landowner representative with such\nqualifications is not available to actively participate on the fish and\nwildlife management board, a representative may be appointed who has\nbeen for at least five of the past ten years, before commencing his\nfirst term in any series of consecutive terms, engaged in such operation\nof rural lands, and who resides within the county he represents. If no\nlandowner representative with either of these qualifications is\navailable to actively participate on the fish and wildlife management\nboard a representative may be appointed who is a resource manager\nengaged in such operations on rural lands, and designated by the\ncorporate owner of those lands to represent the landowner's agricultural\nor silvicultural interests. In the case of certain counties designated\nby the full state board with a scarcity of rural lands operated for\nproduction of agricultural commodities or forest products, the landowner\nrepresentative shall own such rural lands in New York state, whether or\nnot those properties lie within the county wherein he resides and\nrepresents. A sportsman representative must be a resident of the county.\nThe said chief executive officer, presiding officer or legislative body\nshall receive and consider for appointment as the landowner\nrepresentative, the recommendations made by the county farm bureau and\nPomona grange, and for appointment as the sportsmen's representative,\nthe recommendations made by the county units of organized sportsmen's\ngroups, as well as considering the advantages of new representatives.\nThe term of office of regional board members shall be two calendar\nyears. A member shall be eligible for reappointment to successive terms\nof office where otherwise qualified. The term of the sportsmen's\nrepresentative and the board of supervisors or county legislative body\nrepresentative shall expire at the end of the odd numbered years; the\nterm of the landowner representative shall expire at the end of the even\nnumbered years. An alternate board of supervisors or county legislative\nbody representative, sportsmen's representative and landowner\nrepresentative may also be appointed, who shall be available to serve in\nthe event of the temporary inability of the member sportsmen's\nrepresentative or member landowner representative or board of\nsupervisors or county legislative body representative to so function. A\nvacancy in membership of a regional board shall be filled in the same\nmanner as the original appointment for the balance of the unexpired term\nduring which the vacancy occurs; if a supervisor member or county\nlegislative body member shall cease to be a supervisor or member of the\nlegislative body before the expiration of his term as a member of the\nregional board, a successor shall be appointed for the unexpired balance\nof the term as a member of the regional board. The chairman of the Board\nof Directors of each soil and water conservation district and the\nchairman of each regional forest practice board within the fish and\nwildlife management region, or his or their representatives, shall be\nadvisory members without vote.\n  b. Each regional board shall elect annually from its members a\nchairman, a vice chairman and a representative to the state board and\nmay elect a secretary. The regional supervisor for natural resources may\nserve as secretary of the board if the board so requests, but in any\nevent such supervisor's services shall always be available to the board.\n  5. State fish and wildlife management board.\n  a. There shall be a state fish and wildlife management board which\nshall consist of three representatives, one each representing\nlandowners, sportsmen, and county legislative bodies, from each of the\nexisting regional boards, and, as advisory members of the board without\nvote, the following persons during their term of office as such, or\ntheir representatives: the Commissioner of Environmental Conservation,\nthe Commissioner of Agriculture and Markets, the Commissioner of\nTransportation, the Commissioner of Parks, Recreation and Historic\nPreservation, the dean of the New York State College of Agriculture and\nLife Sciences, the president of the State University of New York College\nof Environmental Science and Forestry, the chairman of the State Soil\nand Water Conservation Committee, the chairman of the State Forest\nPractice Board, the president of the New York Farm Bureau, the Master of\nthe New York State Grange, the president of the New York State\nConservation Council, and the president of the New York State Division\nof Izaak Walton League.\n  b. Each member other than the advisory members shall be elected by and\nfrom the membership of the respective regional boards for a term of one\nyear from the day of his election, unless within such period he shall\ncease to be a member of the regional board which elected him, in which\nevent he shall cease to be a member of the state board on the day he\nceases to be a member of such regional board. Any vacancy in the state\nboard other than in the office of an advisory member shall be filled for\nthe balance of the unexpired term so vacated by election from its\nmembership by the regional board in which such vacancy occurred.\n  c. The members of the state board shall elect one of their voting\nmembers to serve as chairman, and another as vice chairman, to serve in\nthe absence or inability to serve of the chairman. An officer of the\ndepartment designated by the commissioner may act as secretary for the\nboard if the board so elect; otherwise a secretary shall be elected from\nthe membership.\n  d. The state board shall meet at the call of the chairman or secretary\nwhen and where necessary within the state.\n  6. Regional and state board members; expenses.\n  Regional and state board members, including advisory members, shall\nreceive no salary, but their necessary traveling expenses when attending\nmeetings of the regional or state boards shall be paid from moneys\nappropriated to the department for travel and shall be paid on vouchers\ncertified by the chairman of the appropriate regional board or state\nboard upon the audit of the comptroller in the manner provided by law.\n  7. Duties of regional boards.\n  a. Each regional board shall formulate a statement of fish and\nwildlife management practices appropriate for its region and submit it\nfor approval to the state board and the commissioner. After such a\nstatement of practices has been approved by the state board and the\ncommissioner, the regional board shall formally adopt such statement of\npractices and encourage landowners, lessees and sportsmen within the\nregion to adopt and carry out the practices approved.\n  b. A copy of each resolution so adopting a statement of practices\nshall be filed in the principal office of the department.\n  c. Any practices formulated in specific terms shall, unless otherwise\nexpressly limited by the words "without variation", "without\nalternative", or the like, be interpreted as permitting such variations\nor alternatives as shall be accepted by the regional board as satisfying\nthe purpose of the practices. But no such variation or alternatives\nshall be deemed to be a compliance with the practices for purposes of\nsubdivisions 9 and 10 unless the approval of the regional board is\nrecorded in writing.\n  8. Duties of the state board.\n  a. The state board shall pass upon and approve or disapprove the fish\nand wildlife management practices formulated by the regional boards. The\nstate board may, with the advice of the commissioner, and upon\nrecommendations from the regional boards, formulate recommended uniform\nfish and wildlife management practices for similar ecological types\nwithin the various ecological regions of the state. Such uniform\npractices may thereafter be incorporated expressly or by reference in\nthe statement of practices formulated by regional boards, but shall not\nbe operative as practices of any region unless so incorporated.\n  b. The state board shall also have the following duties and powers:\n  (1) to recommend to the regional boards such policies and procedures\nfor the carrying out of fish and wildlife management practices as it\ndeems appropriate;\n  (2) to keep the several regional boards informed of the activities and\nexperience of all other regional boards in the state and to facilitate\nan interchange of advice and experience between such regional boards and\ncooperation between them, and to provide advice and assistance in\ncoordinating the programs of the several regional boards.\n  c. The state board may submit to the commissioner, recommendations\nwith respect to matters delegated by statute to the department in any\ncase where a statute or regulation of the department may affect the\ncarrying out of fish and wildlife management practices under this\nsection.\n  9. Cooperation agreements.\n  a. The commissioner shall have power, through his representative, to\nenter into an agreement in writing with an owner or lessee of rural\nlands or waters lying within a fish and wildlife management region or an\ninterest in such lands or waters, or with two or more such owners or\nlessees who agree jointly and severally, for furnishing of services and\nbenefits as provided in subdivision 10, in exchange for and subject to\nthe condition that such owner or lessee, or owners or lessees, adopt and\ncarry out for a specified period of time, upon such premises or\nspecified parts thereof, one or more of the fish and wildlife management\npractices adopted by the regional board.\n  b. The commissioner shall provide standard forms for such cooperation\nagreements.\n  c. The agreement shall state the period during which it shall be in\nforce and may provide for renewal. It may also provide for termination\nbefore the expiration of such period, and for the conditions upon which\nand the manner in which any privilege of termination may be exercised.\n  d. Without limitation by paragraph c or by any term of the agreement\npursuant to paragraph c the failure of a cooperator, or of any one of\ntwo or more cooperators who agree jointly and severally, to perform his\nagreement shall relieve the commissioner and the state from the\nobligation to furnish the services and benefits provided for in\nsubdivision 10.\n  10. State assistance.\n  a. Upon the establishment of such region, the commissioner may, and\nupon organization of the regional board, the commissioner shall provide\npersonnel from the department to assist the boards and the cooperators\nwithin the region.\n  b. The commissioner shall furnish to cooperators:\n  (1) technical services;\n  (2) trees and shrubs from any of the nurseries operated by the\ndepartment without charge at the nursery, to the extent and subject to\nthe conditions specified in the agreement with the cooperator;\n  (3) a subscription, without cost, to the New York State\nConservationist magazine.\n  c. The commissioner may also furnish to cooperators such further\ntechnical assistance, labor and materials, as may be required in\ncompliance with practices approved by the region and authorized by order\nof the commissioner.\n  d. The commissioner may also furnish to premises covered by an\nagreement and to fish and wildlife upon such premises such protection by\nway of posting, patrol by environmental conservation officers or forest\nrangers, inspection or checking stations, fire patrols or other\nappropriate means, within the limitation of appropriations and of the\nmanpower available as may be advisable in his judgment to protect fish\nand wildlife resources, provide for public safety and encourage the\nopening of private lands and waters to public hunting and fishing; but\nneither this subdivision nor any provision of any agreement pursuant to\nthis section shall be deemed to constitute an undertaking by the state\nor the department on its behalf to furnish such posting, patrol or\nprotection and neither such agreement nor any provision of the Fish and\nWildlife Law shall be deemed to create a ground of liability of the\nstate for damage to person or property caused by the failure or neglect\nof the state or its agents, officers or employees to furnish such\nposting, patrol or protection.\n  e. The agreement with the cooperator may provide for use by him for\npurposes compatible with its function in wildlife management, of any\nstructure or facility created or maintained on his premises with funds\nof the department, or for furnishing to him the incidental products of\nany activity conducted on his premises for purposes of wildlife\nmanagement.\n
N.Y. RPT Law § 994 — New York Code / Act RPT / Article 9 / Title 5 / Section 994
No fine or imprisonment for non-payment of taxes
Status: in_force

§ 994. No fine or imprisonment for non-payment of taxes.  Neglect or\nrefusal to pay any tax shall not be punishable as a contempt or as\nmisconduct and no fine shall be imposed for such non-payment, nor shall\nany person be imprisoned or otherwise punishable on account of\nnon-payment of any tax or of any fine imposed for refusal or neglect to\npay such tax. This section shall not apply to proceedings supplementary\nto execution upon judgments recovered for taxes.\n
N.Y. ENV Law § 56-0503 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0503
Environmental restoration projects; state assistance
Status: in_force

§ 56-0503. Environmental restoration projects; state assistance.\n  1. The commissioner may enter into a contract with a municipality to\nprovide state assistance to such municipality to undertake an\nenvironmental restoration project. The amount of state assistance\npayment for such project shall be up to an amount of:\n  (a) ninety percent of the eligible costs of such project, subject to\nthe provisions set forth in paragraph (b) of this subdivision;\n  (b) one hundred percent of the eligible costs of any remediation\ndirected by the department to be undertaken outside the boundaries of\nthe real property that is subject to an environmental restoration\nproject approved by the department.\n  2. In addition to such other terms and conditions that the\ncommissioner may deem to be appropriate, a contract authorized by\nsubdivision one of this section shall provide as follows:\n  (a) An estimate of the cost of such project as determined by the\ncommissioner at the time of such contract's execution;\n  (b) An agreement by the commissioner to periodically reimburse the\nmunicipality for eligible costs incurred during the progress of such\nproject. Such payments shall be subject to final computation and\ndetermination of the total state assistance share of the eligible costs\nof the entire environmental restoration project;\n  (c) A provision that the municipality shall assist in identifying a\nresponsible party by searching local records, including property tax\nrolls, or document reviews, and if, in accordance with the required\ndepartmental approval of any settlement with a responsible party, any\nresponsible party payments become available to the municipality, before,\nduring or after the completion of an environmental restoration project,\nwhich were not included when the state share was calculated pursuant to\nthis section, the state assistance share shall be recalculated, and the\nmunicipality shall pay to the state, for deposit into the environmental\nrestoration project account of the hazardous waste remedial fund\nestablished under section ninety-seven-b of the state finance law, the\ndifference between the original state assistance payment and the\nrecalculated state share. Recalculation of the state share shall be done\neach time a payment from a responsible party is received by the\nmunicipality;\n  (d) A provision that if any monies received from the disposition of\nthe real property subject to an environmental restoration project exceed\nthe municipality's cost of such property, including taxes owed to the\nmunicipality upon acquisition, and the municipality's cost of the\nenvironmental restoration project, the amount of such excess necessary\nto reimburse the state of New York for the state assistance provided to\nthe municipality under this title shall be paid to the state of New York\nfor deposit into the environmental restoration project account of the\nhazardous waste remedial fund established under section ninety-seven-b\nof the state finance law;\n  (e) An agreement by the municipality to proceed expeditiously with and\ncomplete such project in accordance with plans approved for payment of\nthe municipality's share of such project's cost;\n  (f) An agreement by the municipality that it shall prepare and\nimplement a public participation plan for environmental restoration\nprojects undertaken pursuant to this title. The requirements of the plan\nshall be governed by decision of the municipality to proceed with\nremediation of the property under this title. However, in all cases,\nimplementation of the plan shall be completed as part of the project. In\nthose cases where the municipality does not intend to proceed with\nremediation of the property, the plan shall provide timely and\naccessible disclosure of the results of the investigation to the\ninterested public. The plan shall provide for adequate public notice of\nthe availability of the investigation results; an opportunity for\nsubmission of written comments; and a filing of a notice of the results\nof the investigation as authorized by subdivision three of section three\nhundred sixteen-b of the real property law. Where the municipality\nintends to proceed with remediation of the property under this title,\nthe plan shall provide opportunities for early, inclusive participation\nprior to the selection of a preferred course of action, facilitate\ncommunication, including dialogue among the municipality, the\ndepartment, and the interested public, and provide timely and accessible\ndisclosure of information. At a minimum, the design of the plan shall\ntake into account the scope and scale of the proposed environmental\nrestoration remediation project, local interest, and other relevant\nfactors. The plan shall also provide for: adequate public notice of the\navailability of a draft remedial plan; a forty-five day period for\nsubmission of written comments; a public meeting on such plan if\nsubstantive issues are raised by members of the affected community; and\ntechnical assistance if so requested by members of the affected\ncommunity. Provided, however, that the requirements of this subdivision\nshall not apply to interim remedial measures undertaken as part of an\nenvironmental restoration project to address emergency site conditions.\nIn such instance, the department or such persons implementing the\ninterim remedial measure or making the request shall conduct public\nparticipation activities as the department deems necessary and\nappropriate under such circumstances.\n  (g) An agreement by the municipality that it shall put into place any\nengineering and/or institutional controls (including environmental\neasements pursuant to title thirty-six of article seventy-one of this\nchapter) that the department may deem necessary to allow the\ncontemplated use to proceed, that such engineering and/or institutional\ncontrols shall be binding on such municipality, any successor in title,\nand any lessees and that any successors in title and any lessees cannot\nchallenge state enforcement of such controls;\n  (h) In the event that such engineering controls and/or institutional\ncontrols are necessary, the municipality shall develop a plan consistent\nwith the requirements set forth in section 27-1415 of this chapter. Such\nplan shall be approved by the department. Failure to implement the plan\nor maintain such controls shall constitute a violation of such contract\nand shall terminate for the duration of such failure the protection\nafforded under subdivision one of section 56-0509 of this title;\n  (i) In the event that an easement is required, such municipality shall\ncause such easement to be recorded and indexed in accordance with the\nrequirements set forth in title thirty-six of article seventy-one of\nthis chapter; and\n  (j) A provision that exempts a municipality and any successor in title\nfrom the requirement to obtain any state or local permit or other\nauthorization for any activity needed to implement a project to\ninvestigate or remediate contamination pursuant to this title; provided\nthat the activity is conducted in a manner which satisfies all\nsubstantive technical requirements applicable to like activity conducted\npursuant to a permit.\n  3. The department may undertake an environmental restoration project\non behalf of a municipality upon request. If the department undertakes\nthe project on behalf of the municipality, the state shall enter into a\nwritten agreement with the municipality and the agreement shall require\nthe municipality to periodically provide its share to the state for\ncosts incurred during the progress of such project. The municipality's\nshare shall be the same as would be required under subdivision one of\nthis section. The agreement shall include all provisions specified in\nsubdivision two of this section as appropriate.\n
N.Y. EDN Law § 3706 — New York Code / Act EDN / Title 5 / Article 75 / Section 3706
Authorization of apportionment of gospel funds
Status: in_force

§ 3706. Authorization of apportionment of gospel funds.  1. The town\nboard of any town having a gospel fund of five hundred dollars or less\nmay authorize the supervisor of the town to apportion such fund among\nthe several school districts of the town.\n  2. The voters of any town having a gospel fund of more than five\nhundred dollars may at any regular or special town election authorize\nthe supervisor of the town to apportion such fund among the several\nschool districts of the town.\n
N.Y. PML Law § 1337 — New York Code / Act PML / Article 13 / Title 5 / Section 1337
Gratuities
Status: in_force

§ 1337. Gratuities. 1. It shall be unlawful for any casino key\nemployee or boxman, floorman, or any other gaming employee who shall\nserve in a supervisory position to solicit or accept, and for any other\ngaming employee to solicit, any tip or gratuity from any player or\npatron at the gaming facility where he is employed.\n  2. A dealer may accept tips or gratuities from a patron at the table\nat which such dealer is conducting play, subject to the provisions of\nthis section. All such tips or gratuities shall be immediately deposited\nin a lockbox reserved for that purpose, unless the tip or gratuity is\nauthorized by a patron utilizing an automated wagering system approved\nby the commission. All tips or gratuities shall be accounted for, and\nplaced in a pool for distribution pro rata among the dealers, with the\ndistribution based upon the number of hours each dealer has worked,\nexcept that the commission may, by regulation, permit a separate pool to\nbe established for dealers in the game of poker, or may permit tips or\ngratuities to be retained by individual dealers in the game of poker.\n  3. Notwithstanding the provisions of subdivision one of this section,\na gaming facility licensee may require that a percentage of the prize\npool offered to participants pursuant to an authorized poker tournament\nbe withheld for distribution to the tournament dealers as tips or\ngratuities as the commission by regulation may approve.\n
N.Y. RPT Law § 987 — New York Code / Act RPT / Article 9 / Title 5 / Section 987
Notice of unpaid taxes
Status: in_force

§ 987. Notice of unpaid taxes. 1. The collecting officer shall, on or\nafter the thirty-first day following the expiration of the period during\nwhich taxes may be paid without interest, but no later than the sooner\nof the eighty-fifth day after such expiration or the fifteenth day prior\nto the expiration of the warrant for the collection of taxes, mail a\nnotice to each owner of real property upon which taxes remain unpaid on\nthe tax roll to which his or her warrant relates; provided, however, in\nthe county of Monroe, the collecting officer shall no later than the\nsooner of the ninetieth day after such expiration or the fifteenth day\nprior to the expiration of the warrant for the collection of taxes, mail\na notice to each owner of real property upon which taxes remain unpaid\non the tax roll to which his or her warrant relates. This notice shall\nbe sent to the mailing address of the owner and a copy of such notice\nshall be sent to the tax billing address, if different. The governing\nbody of the municipal corporation may adopt a local law or resolution\nproviding for the expense of mailing such notices, which shall be an\nadditional penalty of not more than two dollars chargeable against the\nparcel. Such notice shall at least contain the following and may be\nattached to or be part of a duplicate copy of the tax bill:\n  "The taxes on your property have not been paid. If the taxes should\nhave been paid through a real property tax escrow account, please\nimmediately notify the holder of the account that the taxes have not yet\nbeen paid."\n  2. In a municipal corporation which accepts payments of taxes in\ninstallments, the provisions of this section shall be applicable to each\nunpaid installment; provided, however, that with respect to the first\ninstallment payment for any fiscal year, the notice required by this\nsection shall be sent no later than eighty-five days after the last date\non which such payment was payable without interest, provided, however,\nin the county of Monroe the notice required by this section shall be\nsent no later than ninety days after the last date on which such payment\nwas payable without interest, and that with respect to installment\npayments other than the first installment payment for a fiscal year,\nsuch notice shall be sent no later than one hundred twenty days after\nthe last date on which such installment was payable without interest.\n  3. The address to which each such notice to the owner shall be mailed\nshall be the mailing address of the owner as reported pursuant to\nsection five hundred seventy-four of this chapter or as otherwise\nreported to the collecting officer; provided, however, that if no such\naddress has been reported, such notice shall be mailed to the address of\nthe property as shown on the tax roll.\n  4. The failure to mail any such notice, or the failure of the\naddressee to receive the same, shall not in any way affect the validity\nof taxes or interest prescribed by law with respect thereto.\n  5. The provisions of this section shall apply to all municipal\ncorporations, other than school districts, notwithstanding any general,\nspecial or local law to the contrary; provided, however, that where a\nschool district tax has been levied together with the taxes of a city or\ntown, the notice of the city or town collecting officer shall make\nreference to the school district taxes.\n
N.Y. PBA Law § 2897 — New York Code / Act PBA / Article 9 / Title 5-A / Section 2897
Disposal of public authority property
Status: in_force

§ 2897. Disposal of public authority property. 1. Supervision and\ndirection. Except as otherwise provided in this section, the contracting\nofficer designated by each public authority shall have supervision and\ndirection over the disposition of property of such public authority.\n  2. Custody and control. The custody and control of the property of a\npublic authority, pending its disposition, and the disposal of such\nproperty, shall be performed by the public authority in possession\nthereof or by the commissioner of general services when so authorized\nunder this section.\n  3. Method of disposition. Subject to section twenty-eight hundred\nninety-six of this title, any public authority may dispose of property\nfor not less than the fair market value of such property by sale,\nexchange, or transfer, for cash, credit, or other property, with or\nwithout warranty, and upon such other terms and conditions as the\ncontracting officer deems proper, and it may execute such documents for\nthe transfer of title or other interest in property and take such other\naction as it deems necessary or proper to dispose of such property under\nthe provisions of this section. Provided, however, that no disposition\nof real property, or any interest in real property, shall be made unless\nan appraisal of the value of such property has been made by an\nindependent appraiser and included in the record of the transaction,\nand, provided further, that no disposition of any other property, which\nbecause of its unique nature or the unique circumstances of the proposed\ntransaction is not readily valued by reference to an active market for\nsimilar property, shall be made without a similar appraisal.\n  4. Sales by the commissioner of general services. When it shall be\ndeemed advantageous to the state, any public authority may enter into an\nagreement with the commissioner of general services where under such\ncommissioner may dispose of property of such public authority under\nterms and conditions agreed to by the public authority and the\ncommissioner of general services. In disposing of any such property of a\npublic authority, the commissioner of general services shall be bound by\nthe terms of this title and references to the contracting officer shall\nbe deemed to refer to such commissioner.\n  5. Validity of deed, bill of sale, lease, or other instrument. A deed,\nbill of sale, lease, or other instrument executed by or on behalf of any\npublic authority, purporting to transfer title or any other interest in\nproperty of a public authority under this title shall be conclusive\nevidence of compliance with the provisions of this title insofar as\nconcerns title or other interest of any bona fide grantee or transferee\nwho has given valuable consideration for such title or other interest\nand has not received actual or constructive notice of lack of such\ncompliance prior to the closing.\n  6. Bids for disposal; advertising; procedure; disposal by negotiation;\nexplanatory statement.  a. All disposals or contracts for disposal of\nproperty of a public authority made or authorized by the contracting\nofficer shall be made after publicly advertising for bids except as\nprovided in paragraphs c and f of this subdivision.\n  b. Whenever public advertising for bids is required under paragraph a\nof this subdivision:\n  (i) the advertisement for bids shall be made at such time prior to the\ndisposal or contract, through such methods, and on such terms and\nconditions as shall permit full and free competition consistent with the\nvalue and nature of the property;\n  (ii) all bids shall be publicly disclosed at the time and place stated\nin the advertisement; and\n  (iii) the award shall be made with reasonable promptness by notice to\nthe responsible bidder whose bid, conforming to the invitation for bids,\nwill be most advantageous to the state, price and other factors\nconsidered; provided, that all bids may be rejected when it is in the\npublic interest to do so.\n  c. Disposals and contracts for disposal of property may be negotiated\nor made by public auction without regard to paragraphs a and b of this\nsubdivision but subject to obtaining such competition as is feasible\nunder the circumstances, if:\n  (i) the personal property involved has qualities separate from the\nutilitarian purpose of such property, such as artistic quality,\nantiquity, historical significance, rarity, or other quality of similar\neffect, that would tend to increase its value, or if the personal\nproperty is to be sold in such quantity that, if it were disposed of\nunder paragraphs a and b of this subdivision, would adversely affect the\nstate or local market for such property, and the estimated fair market\nvalue of such property and other satisfactory terms of disposal can be\nobtained by negotiation;\n  (ii) the fair market value of the property does not exceed fifteen\nthousand dollars;\n  (iii) bid prices after advertising therefor are not reasonable, either\nas to all or some part of the property, or have not been independently\narrived at in open competition;\n  (iv) the disposal will be to the state or any political subdivision,\nand the estimated fair market value of the property and other\nsatisfactory terms of disposal are obtained by negotiation; or\n  (v) under those circumstances permitted by subdivision seven of this\nsection; or\n  (vi) such action is otherwise authorized by law.\n  d. (i) An explanatory statement shall be prepared of the circumstances\nof each disposal by negotiation of:\n  (A) any personal property which has an estimated fair market value in\nexcess of fifteen thousand dollars;\n  (B) any real property that has an estimated fair market value in\nexcess of one hundred thousand dollars, except that any real property\ndisposed of by lease or exchange shall only be subject to clauses (C)\nand (D) of this subparagraph;\n  (C) any real property disposed of by lease, if the estimated annual\nrent over the term of the lease is in excess of fifteen thousand\ndollars;\n  (D) any real property or real and related personal property disposed\nof by exchange, regardless of value, or any property any part of the\nconsideration for which is real property.\n  (ii) Each such statement shall be transmitted to the persons entitled\nto receive copies of the report required under section twenty-eight\nhundred ninety-six of this title not less than ninety days in advance of\nsuch disposal, and a copy thereof shall be preserved in the files of the\npublic authority making such disposal.\n  e. Disposals and contracts for disposal of real property by the canal\ncorporation may be made by negotiated sale rather than public auction\nprovided that all of the following conditions have been satisfied:\n  (i) The canal corporation has determined that: such real property is\nno longer necessary or useful to the purposes of the canal corporation;\ndisposal of such real property complies with all applicable provisions\nof the canal law; and disposal of such real property is in the best\ninterest of the canal corporation;\n  (ii) An appraisal of the fair market value of such property has been\nmade by an independent appraiser and included in the record of the\ntransaction;\n  (iii) The fair market value of such real property is greater than\nfifteen thousand dollars but not greater than seventy-five thousand\ndollars;\n  (iv) Such real property was improved prior to April first, nineteen\nhundred ninety-two under a municipal permit or a permit issued pursuant\nto section one hundred of the canal law, thereby creating an\nencroachment on canal corporation real property;\n  (v) The purchaser of such real property is, or will be, the owner of\nthe improvement that either fully or partially encroaches on canal\ncorporation real property; and\n  (vi) The consideration paid for such real property will be not less\nthan the fair market value of the real property exclusive of the value,\nfair market or otherwise, of the encroaching improvements.\n  f. Notwithstanding anything to the contrary in this section, disposals\nfor use of the thruway authority's fiber optic system, or any part\nthereof, may be made through agreements based on set fees that shall not\nrequire public auction, provided that:\n  i. the thruway authority has determined the disposal of such property\ncomplies with all applicable provisions of this chapter;\n  ii. the thruway authority has determined that disposal of such\nproperty is in the best interest of the thruway authority;\n  iii. the set fees established by the thruway authority for use of the\nfiber optic system, or part thereof, shall be based on an independent\nappraisal of the fair market value of the property; and\n  iv. any public authority, state agency, municipality, not-for-profit\nhospital organized under section forty-three hundred one of the\ninsurance law, public library, or institution of higher education\nlocated in New York state shall be required only to pay the actual cost\nof providing for use of the fiber optic system, but not exceeding the\nfair market value determined pursuant to subparagraph (iii) of this\nparagraph. For purposes of this paragraph, "public authority" shall\nrefer to entities defined in section two of the public authorities law.\nFor purposes of this paragraph, "institution of higher education" shall\nrefer to entities as defined in subdivisions two and three of section\nsix hundred one of the education law.\n  Disposals of the fiber optic system, or any part thereof, through\nagreements based on set fees shall not require the explanatory\nstatements required by this section. Any disposal of property, contract\nfor disposal of property or agreement made pursuant to this paragraph\nshall not be deemed valid and enforceable unless it shall first have\nbeen approved by both the comptroller and the attorney general.\n  7. Disposal of property for less than fair market value. a. No asset\nowned, leased or otherwise in the control of a public authority may be\nsold, leased, or otherwise alienated for less than its fair market value\nexcept if:\n  (i) the transferee is a government or other public entity, and the\nterms and conditions of the transfer require that the ownership and use\nof the asset will remain with the government or any other public entity;\n  (ii) the purpose of the transfer is within the purpose, mission or\ngoverning statute of the public authority; or\n  (iii) in the event a public authority seeks to transfer an asset for\nless than its fair market value to other than a governmental entity,\nwhich disposal would not be consistent with the authority's mission,\npurpose or governing statutes, such authority shall provide written\nnotification thereof to the governor, the speaker of the assembly, and\nthe temporary president of the senate, and such proposed transfer shall\nbe subject to denial by the governor, the senate, or the assembly.\nDenial by the governor shall take the form of a signed certification by\nthe governor. Denial by either house of the legislature shall take the\nform of a resolution by such house. The governor and each house of the\nlegislature shall take any such action within sixty days of receiving\nnotification of such proposed transfer during the months of January\nthrough June, provided that if the legislature receives notification of\na proposed transfer during the months of July through December, the\nlegislature may take any such action within sixty days of January first\nof the following year. If no such resolution or certification is\nperformed within sixty days of such notification of the proposed\ntransfer to the governor, senate, and assembly, the public authority may\neffectuate such transfer. Provided, however, that with respect to a\nbelow market transfer by a local authority that is not within the\npurpose, mission or governing statute of the local authority, if the\ngoverning statute provides for the approval of such transfer by the\nexecutive and legislative branches of the political subdivision in which\nsuch local authority resides, and the transfer is of property obtained\nby the authority from that political subdivision, then such approval\nshall be sufficient to permit the transfer.\n  b. In the event a below fair market value asset transfer is proposed,\nthe following information must be provided to the authority board and\nthe public:\n  (i) a full description of the asset;\n  (ii) an appraisal of the fair market value of the asset and any other\ninformation establishing the fair market value sought by the board;\n  (iii) a description of the purpose of the transfer, and a reasonable\nstatement of the kind and amount of the benefit to the public resulting\nfrom the transfer, including but not limited to the kind, number,\nlocation, wages or salaries of jobs created or preserved as required by\nthe transfer, the benefits, if any, to the communities in which the\nasset is situated as are required by the transfer;\n  (iv) a statement of the value to be received compared to the fair\nmarket value;\n  (v) the names of any private parties participating in the transfer,\nand if different than the statement required by subparagraph (iv) of\nthis paragraph, a statement of the value to the private party; and\n  (vi) the names of other private parties who have made an offer for\nsuch asset, the value offered, and the purpose for which the asset was\nsought to be used.\n  c. Before approving the disposal of any property for less than fair\nmarket value, the board of an authority shall consider the information\ndescribed in paragraph b of this subdivision and make a written\ndetermination that there is no reasonable alternative to the proposed\nbelow-market transfer that would achieve the same purpose of such\ntransfer.\n
N.Y. SOS Law § 410-R — New York Code / Act SOS / Article 6 / Title 5-B / Section 410-R
Child care resource and referral programs
Status: in_force

§ 410-r. Child care resource and referral programs. 1.  The\ncommissioner shall solicit applications for available funds from\nagencies pursuant to this title in a manner to ensure that agencies in\nevery area of the state will have an opportunity to apply for funds. The\ncommissioner shall designate areas to be served by child care resource\nand referral services to ensure that services are accessible statewide\nto the maximum extent feasible.\n  2. (a) In reviewing the applications, the commissioner shall consider\nthe ability of each applicant to provide the services delineated in\nsection four hundred ten-q of this title. Each agency shall demonstrate\nthat it has a viable plan to offer the required services to families in\nthe area without regard to income, and to attract local support for\nadditions to the required and enhanced services delineated in section\nfour hundred ten-q of this title.\n  (b) In connection with the review of an application for funds pursuant\nto this title, the commissioner shall consider requests from agencies\nfor additional funding for the provision of enhanced services.\n  3. In accordance with the provisions of this title and subject to\nfunds appropriated specifically therefor, the commissioner is authorized\nto award contracts for the operation of child care resource and referral\nprograms.\n
N.Y. ELN Law § 5-504 — New York Code / Act ELN / Article 5 / Title 5 / Section 5-504
Optional discontinuation of central file registration records
Status: in_force

§ 5-504. Optional discontinuation of central file registration\nrecords.  1. Notwithstanding the provisions of this article to the\ncontrary, a board of elections may apply to the state board of elections\nfor permission to discontinue preparation, use and maintenance of\ncentral file registration records.\n  2. The state board of elections shall adopt regulations establishing\nthe requirements which must be met by a board of election seeking such\npermission.\n  3. Such requirements shall include, but not be limited to the\nfollowing:\n  a. The board of elections maintains a complete, current computer\nrecord of all registered voters.\n  b. At least one copy of such record is kept in a building other than\nthe one in which the offices of the board of elections are located.\n  c. The board of elections maintains, as a public record, at the\nappropriate office of the board, a complete and current alphabetized\nlist of all registered voters, including voters in inactive status,\nwhich contains next to each voter's name at least the following\ninformation: address, town or city, assembly district where appropriate,\nelection district, registration serial number, party enrollment, date of\nregistration, gender, date of birth and, if the voter is in inactive\nstatus, an indication of that fact.\n  d. A board of elections which has discontinued use of registration\npoll ledgers shall not be required to maintain such an alphabetized list\nof all registered voters if it has available for public use, a\nsufficient number of computer terminals from which such information can\nbe obtained. Such terminals must have the capacity to display a series\nof names arranged in such alphabetical order without an inquiry for each\nsuch name having to be entered into the computer separately.\n  4. After such inquiry as it deems appropriate, the state board of\nelections shall approve the applications of those boards of elections\nwhose systems meet the requirements established by this section and the\nregulations of the state board. Such boards may then discontinue\npreparation, use and maintenance of central file registration records.\n  5. If the state board of elections amends its regulations, a board of\nelections whose system was previously approved by the state board shall\nhave a reasonable time to conform to the new regulation.\n  6. If the state board of elections determines on its own initiative,\nor upon investigation of a complaint, that the system being used by a\nboard of elections is not in compliance with the requirements of this\nsection and the regulations of the state board, it shall order such\nboard of elections to comply forthwith.\n  7. If such a board of elections does not comply with the provisions of\nsubdivision six of this section, the state board shall issue an order\nwithdrawing permission to discontinue use of central file registration\nrecords and such board of elections shall be required to reinstitute use\nof such records on the first day of December following issuance of such\nan order.\n
N.Y. ENV Law § 27-0503 — New York Code / Act ENV / Article 27 / Title 5 / Section 27-0503
State aid
Status: in_force

§ 27-0503. State aid.\n  1. The commissioner may, in the name of the state, make or contract to\nmake, within the limitation of appropriations therefor, a state grant\nfor the payment to any municipality of not more than fifty percent of\nthe eligible cost of collection system development programs, preparation\nof contract documents, and implementation feasibility projects.\n  2. The commissioner shall enter into a grant agreement pursuant to\nthis title only upon a finding that the municipality has given due\nconsideration to the items listed below or that such consideration will\nbe given through the fulfillment of the terms of the proposed grant\nagreement. Pursuant to section 27-0505 of this title, the commissioner\nshall adopt guidelines relative to the criteria for making such finding.\nThese guidelines shall require at least that relative to the proposed\nfacility, system or actions which are to be the subject of the proposed\ngrant agreement, due consideration shall be given to:\n  (a) any relevant, prior solid waste management study or report;\n  (b) reasonable alternatives which would achieve the same or similar\nobjectives, including opportunities for utilizing:\n  (i) existing solid waste management-resource recovery alternatives;\n  (ii) existing facilities of the secondary materials industry;\n  (iii) source separation programs and recycling centers, composting\nprograms; and\n  (iv) multi-municipal or regional arrangements for resource recovery\nand solid waste management;\n  (c) effects on the use, conservation and production of energy; and\n  (d) effects on employment.\n  3. Payments authorized pursuant to this title shall be made in three\napportionments in accordance with the following:\n  (a) the first payment, not to exceed fifty percent, less retained\npercentages, of the total grant shall be payable when acceptable\ndocuments, as required to be prepared by the grant agreement, are\napproved by the commissioner. In the case of collection system\ndevelopment programs and implementation feasibility projects, such\ndocuments shall include a report containing recommended actions and a\ntime schedule for taking such actions. In the case of preparation of\ncontract documents, such documents shall include construction plans and\nspecifications, bid advertisements, requests for proposals, or\nevaluation reports of bids or proposals containing recommended actions.\n  (b) the balance of the grant, less retained percentages, shall be\npayable:\n  (i) in the case of collection system development programs or\nimplementation feasibility projects, when the municipality officially\nacts upon the recommendations contained in the approved report; and\n  (ii) in the case of preparation of contract documents, when contracts\nare awarded or when construction begins, whichever occurs first.\n  (c) the final payment shall be made after appropriate audit.\n  (d) the department shall oversee the use of the grant to assist the\nmunicipality.\n
N.Y. VAT Law § 530 — New York Code / Act VAT / Title 5 / Article 21-A / Section 530
Restricted use licenses
Status: in_force

§ 530. Restricted use licenses. A person whose driving license or\nprivilege of operating a motor vehicle in this state has been heretofore\nsuspended or revoked pursuant to the provisions of section five hundred\nten of this chapter or whose driver's license or privilege has been\nrevoked pursuant to section three hundred eighteen of this chapter and\nfor whom the holding of a valid license is a necessary incident to his\nemployment, business, trade, occupation or profession, or to his travel\nto and from a class or course at an accredited school, college or\nuniversity or at a state approved institution of vocational or technical\ntraining or enroute to and from a medical examination or treatment as\npart of a necessary medical treatment for such participant or member of\nhis household, as evidenced by a written statement to that effect from a\nlicensed medical practitioner may thereafter apply for and may be issued\na restricted use license or if the holder of a license issued by another\njurisdiction valid for operation in this state, a restricted use\nprivilege of operating a motor vehicle in this state as provided herein.\n  (1) The issuance of a restricted use license or privilege shall be in\nthe discretion of the commissioner of motor vehicles or his duly\nauthorized agent, who may require the applicant to attend a driver\nrehabilitation program specified by the commissioner, and shall be\nissued only after it is established to the reasonable satisfaction of\nthe issuing officer that a driving license or privilege is a necessary\nincident to the applicant's employment, business, trade, occupation or\nprofession, or to his travel to and from a class or course at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training or enroute to and from a\nmedical examination or treatment as part of a necessary medical\ntreatment for such participant or member of his household, as evidenced\nby a written statement to that effect from a licensed medical\npractitioner and that a denial of such license or privilege would\ndeprive the person of his usual means of livelihood and thereby\nconstitute an unwarranted and substantial financial hardship on the\napplicant and his immediate family or would seriously impair such\nperson's ability to meet the requirements of his education.\n  (2) Such license or privilege shall not be issued to a person who,\nwithin the four year period immediately preceding the date of\napplication, has been convicted within or without the state of homicide\nor assault arising out of the operation of a motor vehicle, of\ncriminally negligent homicide or criminal negligence in the operation of\na motor vehicle resulting in death, or has been convicted within the\nstate of a violation of subdivision two of section six hundred of this\nchapter or of reckless driving. Such license or privilege shall not be\nissued to a person whose license or privilege, at the time of\napplication, is revoked pursuant to the provisions of subparagraph (x)\nor (xi) of paragraph a of subdivision two of section five hundred ten of\nthis chapter. Such license or privilege shall not be issued to a person\nwhose license or privilege is suspended or revoked because of a\nconviction of a violation of subdivision one, two, two-a, three, four or\nfour-a of section eleven hundred ninety-two of this chapter or a similar\noffense in another jurisdiction, or whose license or privilege is\nrevoked by the commissioner for refusal to submit to a chemical test\npursuant to subdivision two of section eleven hundred ninety-four of\nthis chapter. Such license or privilege shall not be issued to a person\nwho within the five year period immediately preceding the date of\napplication for such license or privilege has been convicted of a\nviolation of subdivision one, two, two-a, three, four or four-a of\nsection eleven hundred ninety-two of this chapter or a similar\nalcohol-related offense in another jurisdiction, or whose license or\nprivilege has been revoked by the commissioner for refusal to submit to\na chemical test pursuant to subdivision two of section eleven hundred\nninety-four of this chapter, except that such a license or privilege may\nbe issued to such a person if, after such conviction or revocation, such\nperson successfully completed an alcohol and drug rehabilitation program\nestablished pursuant to article thirty-one of this chapter in\nconjunction with such conviction or revocation. Provided, however, that\nnothing herein shall be construed as prohibiting an operator from being\nissued a limited or conditional license or privilege pursuant to any\nalcohol rehabilitation program established pursuant to this chapter.\n  (3) Such license or privilege and renewal thereof shall be issued for\na period not exceeding the period during which such person's regular\ndriver's license or privilege has been suspended or revoked, shall be\nmarked and identified as a restricted use license or privilege and shall\nbe valid only: (a) during the time the holder is actually engaged in\npursuing or commuting to or from his business, trade, occupation or\nprofession, (b) en route to and from a driver rehabilitation program or\nrelated activity specified by the commissioner at which his attendance\nis required, (c) to and from a class or course at an accredited school,\ncollege or university or at a state approved institution of vocational\nor technical training, (d) enroute to and from a medical examination or\ntreatment as part of a necessary medical treatment for such participant\nor member of his household, as evidenced by a written statement to that\neffect from a licensed medical practitioner, or (e) enroute to and from\na place, including a school, at which the child or children of the\nholder are cared for on a regular basis and which is necessary for the\nholder to maintain such holder's employment or enrollment at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training and shall contain the\nterms and conditions under which it is issued and is valid. In the event\nthe holder of a restricted use license or privilege is convicted of: any\nviolation (other than parking, stopping or standing) or of operating a\nmotor vehicle for other than his employment, business, trade,\noccupational or professional or other purposes for which the license or\nprivilege was issued, or does not comply with other requirements\nestablished by the commissioner, such license or privilege may be\nrevoked and the holder shall not be eligible to receive a license or\nprivilege pursuant to this section for a period of five years from the\ndate of such revocation.\n  (4) The fee for a restricted use license or privilege shall be\nseventy-five dollars to be paid upon the issuance thereof, and such fee\nshall not be refundable.\n  (4-a) Fees assessed for a restricted use license or privilege shall be\npaid to the commissioner for deposit in the general fund.\n  * (5) A restricted use license or privilege shall be valid for the\noperation of any motor vehicle, except a vehicle for hire as a taxicab,\nlivery, coach, limousine, van or wheelchair accessible van or tow truck\nas defined in this chapter subject to the conditions set forth herein,\nwhich the holder would otherwise be entitled to operate had his drivers\nlicense or privilege not been suspended or revoked. Notwithstanding\nanything to the contrary in a certificate of relief from disabilities or\na certificate of good conduct issued pursuant to article twenty-three of\nthe correction law, a restricted use license shall not be valid for the\noperation of a commercial motor vehicle. A restricted use license shall\nnot be valid for the operation of a vehicle for hire as a taxicab,\nlivery, coach, limousine, van or wheelchair accessible van or tow truck\nwhere the holder thereof had his or her drivers license suspended or\nrevoked and (i) such suspension or revocation is mandatory pursuant to\nthe provisions of subdivision two or two-a of section five hundred ten\nof this title; or (ii) any such suspension is permissive for habitual or\npersistent violations of this chapter or any local law relating to\ntraffic as set forth in paragraph d or i of subdivision three of section\nfive hundred ten of this title; or (iii) any such suspension is\npermissive and has been imposed by a magistrate, justice or judge of any\ncity, town or village, any supreme court justice, any county judge, or\njudge of a district court. Except for a commercial motor vehicle as\ndefined in subdivision four of section five hundred one-a of this title,\nthe restrictions on types of vehicles which may be operated with a\nrestricted license contained in this subdivision shall not be applicable\nto a restricted license issued to a person whose license has been\nsuspended pursuant to paragraph three of subdivision four-e of section\nfive hundred ten of this title.\n  * NB Effective until August 31, 2027\n  * (5) A restricted use license or privilege shall be valid for the\noperation of any motor vehicle, except a commercial motor vehicle or a\nvehicle for hire as a taxicab, livery, coach, limousine, van or\nwheelchair accessible van or tow truck as defined in this chapter\nsubject to the conditions set forth herein, which the holder would\notherwise be entitled to operate had his drivers license or privilege\nnot been suspended or revoked. A restricted use license shall not be\nvalid for the operation of a vehicle for hire as a taxicab, livery,\ncoach, limousine, van or wheelchair accessible van or tow truck where\nthe holder thereof had his or her drivers license suspended or revoked\nand (i) such suspension or revocation is mandatory pursuant to the\nprovisions of subdivision two or two-a of section five hundred ten of\nthis chapter or (ii) any such suspension is permissive for habitual or\npersistent violations of this chapter or any local law relating to\ntraffic as set forth in paragraph (d) or (i) of subdivision three of\nsection five hundred ten of this chapter; or (iii) any such suspension\nis permissive and has been imposed by a magistrate, justice or judge of\nany city, town or village, any supreme court justice, any county judge,\nor judge of a district court.\n  * NB Effective August 31, 2027\n  * (5-a) Issuance of a restricted license shall not be denied to any\nperson whose license is suspended pursuant to paragraph three of\nsubdivision four-e of section five hundred ten of this chapter for any\nreason other than such person's failure to otherwise have a valid or\nrenewable driver's license. The issuance of a restricted license issued\nas a result of a suspension under subdivision four-e of section five\nhundred ten of this chapter shall not in any way affect a person's\npossible eligibility for a restricted license at some future time.\n  * NB Repealed August 31, 2027\n  (5-b) Issuance of a restricted license shall not be denied to any\nperson whose license is suspended pursuant to subdivision four-f of\nsection five hundred ten of this title for any reason other than such\nperson's failure to otherwise have a valid or renewable driver's\nlicense. The restrictions on the types of vehicles which may be operated\nwith a restricted license contained in such subdivision five of this\nsection shall not be applicable to a restricted license issued to a\nperson pursuant to subdivision four-f of section five hundred ten of\nthis title. The issuance of a restricted license issued as a result of a\nsuspension under subdivision four-f of section five hundred ten of this\ntitle shall not in any way affect a person's eligibility for a\nrestricted license at some future time.\n  (6) It shall be a traffic infraction for the holder of a restricted\nuse license or privilege to operate a motor vehicle upon a public\nhighway for any use other than those authorized pursuant to subdivision\nthree of this section.\n  (7) Subject to the limitation prescribed in subdivision four of this\nsection, a restricted use license or privilege shall be valid until the\nexpiration date of any unrestricted driver's license which was held by\nsuch person prior to the suspension or revocation upon which the\nrestricted use license or privilege has been issued. Upon such\nexpiration, the restricted use license or privilege may be renewed for\nthe same fee for which such unrestricted license could have been renewed\nand such renewal fee shall be applied to the renewal, if issued by this\nstate, or reissuance of his unrestricted driver's license when such\nlicense is eligible for issuance.\n  (8) The commissioner shall establish a schedule of fees to be paid by\nor on behalf of each person who is required to attend a driver\nrehabilitation program as a condition to the issuance of a restricted\nuse license or privilege, and he may, from time to time, modify the\nsame. Such fees shall defray the ongoing expenses of the program. In no\nevent shall such fee be refundable. A driver improvement program\nestablished pursuant to section five hundred twenty-three-a of this\nchapter may be designated by the commissioner as a driver rehabilitation\nprogram under this section if the curriculum and other requirements both\nfor the purposes of this section and section five hundred twenty-three-a\nof this chapter are satisfied by such program. Where the commissioner\nhas approved any driver improvement program conducted by local\nauthorities as a driver rehabilitation program under this section, any\nfee required for attendance at such program shall be paid to the agency\nconducting such program.\n  (9) In order to effectuate the purpose of this section the\ncommissioner shall establish and publish rules and regulations as may be\nnecessary for the administration hereof.\n
N.Y. RPT Law § 980-A — New York Code / Act RPT / Article 9 / Title 5 / Section 980-A
Tax credits for contributions to certain funds
Status: in_force

§ 980-a. Tax credits for contributions to certain funds. 1. (a) A\nmunicipal corporation that has established a fund pursuant to\nsubdivision forty-four of section sixteen hundred four of the education\nlaw, subdivision twelve-b of section seventeen hundred nine of the\neducation law, subdivision fifty-four of section twenty-five hundred\nninety-h of the education law, or section six-t or six-u of the general\nmunicipal law, may adopt a local law, or in the case of a school\ndistrict, a resolution, authorizing a tax credit to be provided pursuant\nto this section for contributions to such fund. For purposes of this\nsection, a municipal corporation that has established such a fund and\nauthorized such a credit shall be referred to as a "participating"\nmunicipal corporation.\n  (b) On and after a date specified in the local law or resolution\nadopted by a participating municipal corporation pursuant to paragraph\n(a) of this subdivision, the owner or owners of real property shall be\nallowed a credit against the real property taxes of a participating\nmunicipal corporation that have been imposed upon such property. The\namount of such credit shall equal ninety-five percent, or such lesser\nallowable percentage credit as may have been established pursuant to\nparagraph (c) of this subdivision, of the amount contributed by one or\nmore of the owners of such property during the "associated credit year"\nas defined in this section, to any or all of the funds established by\nsuch municipal corporation, subject to the limit established pursuant to\nparagraph (c) of this subdivision, if any.\n  (c) The participating municipal corporation may establish a limit upon\nthe amount or percentage of such credit to be allowed in any given\nfiscal year, in which case the amount of such credit shall not exceed\nany limit so established. Any such limit shall be adopted by local law,\nor in the case of a school district, by resolution, which local law or\nresolution may either be the same as or separate from the local law or\nresolution that initially authorized the credit. Once such a limit has\nbeen adopted, it may be amended or repealed thereafter by local law, or\nin the case of a school district, by resolution, provided that any such\namendment or repeal shall only apply to taxes of the participating\nmunicipal corporation for fiscal years commencing after the adoption of\nsuch local law or resolution. A copy of any local law or resolution\nestablishing, amending or repealing such a limit shall be provided to\nthe collecting officer who collects the taxes of the participating\nmunicipal corporation.\n  2. For purposes of this section, the "associated credit year" shall be\nthe twelve-month period during which the owner of the property has made\na contribution described in subdivision one of this section that ends on\nthe last day prescribed by law on which the taxes of the participating\nmunicipal corporation may be paid without interest or penalties, subject\nto the following:\n  (a) Where such taxes are payable in installments, such twelve-month\nperiod shall end on the last day prescribed by law on which the first\ninstallment of such taxes may be paid without interest or penalties.\n  (b) Where a participating municipal corporation is a city school\ndistrict that is subject to article fifty-two of the education law, such\ntwelve-month period shall end on the last day prescribed by law on which\ncity taxes may be paid without interest or penalties, or if applicable,\non the last day prescribed by law on which the first installment of such\ntaxes may be paid without interest or penalties.\n  (c) Each such twelve-month period shall be determined without regard\nto the possibility that the period prescribed by law for paying such\ntaxes without interest or penalties may be extended due to a delay in\nthe first publication of the collecting officer's notice as provided by\nsections thirteen hundred twenty-two or thirteen hundred twenty-four of\nthis chapter or a comparable law, or due to an executive order issued in\nconnection with a state disaster emergency as provided by subdivision\ntwo of section nine hundred twenty-five-a of this chapter.\n  3. The credit authorized by this section shall be administered as\nfollows:\n  (a) The administrator of the fund or its designated agent shall, upon\nreceiving a contribution to the fund specified in subdivision one of\nthis section during a credit year, furnish the property owner with an\nacknowledgement in duplicate. Such acknowledgement shall be provided on\na form prescribed by the commissioner and shall specify the amount of\nthe contribution, the name and address of the donor, the date the\ncontribution was received, the authorized signature of the administrator\nor agent, and such other information as the commissioner shall require.\n  (b) After receiving such an acknowledgement, the property owner may\npresent it to the appropriate collecting officer on or before the last\nday prescribed by law on which taxes may be paid without interest or\npenalty, together with a credit claim on a form prescribed by the\ncommissioner. Such credit claim form shall contain the name of the\nproperty owner or owners, the date and amount of the contributions made\nto the account during the associated credit year, the address of the\nproperty to which the credit claim relates, and such other information\nas the commissioner shall require. Notwithstanding any provision of law\nto the contrary, the collecting officer shall thereupon be authorized\nand directed to grant the property owner a tax credit equal to\nninety-five percent, or such lesser allowable percentage credit as may\nhave been established pursuant to paragraph (c) of subdivision one of\nthis section, of the amount of the contributions made during the\nassociated credit year as specified on the acknowledgement, and to\nreduce the tax liability on the parcel accordingly, provided that such\ncredit may not exceed any percentage credit or other limit established\nby the participating municipal corporation pursuant to paragraph (c) of\nsubdivision one of this section, if such a limit has been established,\nand may not exceed the property taxes due or paid that are attributable\nto the participating municipal corporation. Where taxes are payable in\ninstallments, if the credit exceeds the amount of the first installment,\nthe excess shall be applied to future installments until exhausted. The\nparticipating municipal corporation may adopt a local law, or in the\ncase of a school district, a resolution, providing that where a property\nowner submits a credit claim form to the collecting officer prior to the\ncollecting officer's receipt of the tax warrant, or such other date as\nmay be specified in such local law or resolution, the associated\nproperty tax bill shall reflect a reduction in the tax liability equal\nto the credit authorized by this section; provided however that if the\ncollecting officer is not employed by the participating municipal\ncorporation, such local law or resolution shall not take effect unless\nand until the governing body of the municipal corporation that employs\nthe collecting officer has adopted a resolution agreeing thereto. The\ndepartment of financial services, in consultation with the department,\nshall promulgate regulations related to the adjustment of mortgage\nescrow accounts to reflect the credits provided pursuant to this\nsection.\n  (c) If the property owner fails to present the acknowledgment and\ncredit claim form to the collecting officer on or before the last day\nprescribed by law on which taxes may be paid without interest or\npenalty, he or she may present the same to the chief fiscal officer or\nchief financial officer of the participating municipal corporation, or\nto a member of his or her staff. Such officer shall thereupon be\nauthorized and directed to grant the property owner a refund of property\ntaxes in the amount of the credit, which amount shall be equal to\nninety-five percent, or such lesser allowable percentage credit as may\nhave been established pursuant to paragraph (c) of subdivision one of\nthis section, of the total contributions made during the associated\ncredit year, provided that such refund shall not exceed the property\ntaxes that have been paid on the property or any percentage credit or\nother limit established pursuant to paragraph (c) of subdivision one of\nthis section, if any, and may not exceed the property taxes due or paid\nthat are attributable to the participating municipal corporation.\nProvided further, that no interest shall be payable on such refund if\npaid within forty-five days of the receipt of the acknowledgment and\ncredit claim form. The owner of the property may file such refund claim\nwith the authorized officer at any time during the three year period\nbeginning immediately after the last day such taxes were payable without\ninterest or penalty.\n  4. The amount of the itemized deduction that may be claimed by a\ntaxpayer under section six hundred fifteen of the tax law with respect\nto the taxes paid on such property may not exceed the amount of the\ntaxes of a participating municipal corporation that have been imposed\nupon such property minus the amount of the credit provided pursuant to\nthis section.\n
N.Y. PBA Law § 902 — New York Code / Act PBA / Article 4 / Title 5 / Section 902
Long Island market authority
Status: in_force

§ 902. Long Island market authority. 1. A public corporation to be\nknown as the "Long Island market authority" is hereby created for public\npurposes and charged with the duties and shall have the powers provided\nin this title. The authority shall be a body corporate and politic\nconstituting a public benefit corporation.\n  2. The governing body of the authority shall consist of a total of\nseven members, to be appointed and serve as follows:\n  (a) The county executive, with the approval of the legislative body of\nthe county, shall appoint seven members. Members appointed by the county\nexecutive shall be residents of the county. Any member shall forfeit his\nor her membership on the governing body upon such member's termination\nof residence in such area, which forfeiture shall create a vacancy.\nThree members appointed by the county executive shall be appointed for a\nterm of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. Two\nmembers appointed by the county executive shall be appointed for a term\nof office ending on December thirty-first of the second year following\nthe year in which this title shall have become law. Two members\nappointed by the county executive shall be appointed for a term of\noffice ending on December thirty-first of the first year following the\nyear in which this title shall have become law. Subsequent appointments\nof members shall be made for a term of three years ending on December\nthirty-first of the last year of such term. All members shall continue\nto hold office until their successors are appointed and qualify.\n  (b) Four members of the board shall be persons engaged in farming,\ncommercial fishing, the resale of farm produce or the resale of\ncommercial fishing products and deriving a greater part of their income\ntherefrom.\n  (c) Failure to appoint any member shall not invalidate the creation or\nestablishment of the authority and shall result in the creation of a\nvacancy on the governing body of the authority which may be filled at\nany time by such party.\n  (d) Vacancies shall be filled in the same manner as provided for the\noriginal appointment. Vacancies, occurring otherwise than by expiration\nof term of office shall be filled by appointment for the unexpired\nterms.\n  (e) Members may be removed from office for inefficiency, neglect of\nduty or misconduct in office; provided, however, that such member shall\nbe given a copy of the charges against him or her and an opportunity to\nbe heard in person, or by counsel, in his or her defense upon not less\nthan ten days notice.\n  3. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for their actual and necessary\nexpenses incurred in connection with the carrying out of the purposes of\nthis title; provided, however, that no member shall be reimbursed for\nany expense exceeding one thousand dollars incurred with respect to any\nindividual purpose unless the governing body at a meeting duly called\nand held when a quorum of four members are present shall have authorized\nthe incurrence of such expense by such member. The powers of the\nauthority shall be vested in and be exercised by the governing body at a\nmeeting duly called and held where a quorum of four members are present.\nNo action shall be taken except pursuant to the favorable vote of at\nleast four voting members. All votes must be made in person at a meeting\nand no vote may be made by proxy. The governing body may delegate to one\nor more of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n  4. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer and a secretary, who need not be a member of the\nauthority.  Such officers shall be appointed by the governing body and\nshall serve in such capacities at the pleasure of the governing body. In\naddition to the secretary, the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his or her office, the\namount and sufficiency of which shall be approved by the governing body\nand the premium therefor shall be paid by the authority.\n  5. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer, or\nemployee be deemed incompatible or in conflict with such office,\nmembership or employment.\n  6. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by such\ncounty executive setting forth: (1) the name of the authority; (2) the\nnames of the members appointed by the county executive and their terms\nof office; and (3) the effective date of this title.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest jointly in the cities, towns and villages in the service area in\nsuch a manner as prescribed by law.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the service area and the state for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. VAT Law § 509-CC — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-CC
Disqualification of drivers of school buses
Status: in_force

§ 509-cc. Disqualification of drivers of school buses. (1) A person\nemployed as a driver of a school bus as defined in paragraph (a) of\nsubdivision one of section five hundred nine-a of this chapter on\nSeptember fifteenth, nineteen hundred eighty-five and who was subject to\nthe provisions of this article as it existed immediately prior to\nSeptember fifteen, nineteen hundred eighty-five, and was employed in\nthis state as a driver of a school bus as defined in paragraph (a) of\nsubdivision one of section five hundred nine-a of this chapter at any\ntime during the first six months of nineteen hundred eighty-five, shall\nbe disqualified from operating a school bus as follows:\n  (a) permanently, if that person\n  (i) has been convicted of or forfeited bond or collateral which\nforfeiture order has not been vacated or the subject of an order of\nremission upon a violation committed prior to September fifteenth,\nnineteen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,\n130.60, or 130.65 of the penal law, or an offense committed under a\nformer section of the penal law which would constitute a violation of\nthe aforesaid sections of the penal law or any offense committed outside\nof this state which would constitute a violation of the aforesaid\nsections of the penal law, provided, however, the provisions of this\nsubparagraph shall not apply to convictions, suspensions or revocations\nor forfeitures of bonds for collateral upon any of the charges listed in\nthis subparagraph for violations which occurred prior to September\nfirst, nineteen hundred seventy-four committed by a person employed as a\nbus driver on September first, nineteen hundred seventy-four. However,\nsuch disqualification may be waived provided that five years have\nexpired since the applicant was discharged or released from a sentence\nof imprisonment imposed pursuant to conviction of an offense that\nrequires disqualification under this paragraph and that the applicant\nshall have been granted a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law. When the certificate is issued by a court for a\nconviction which occurred in this state, it shall only be issued by the\ncourt having jurisdiction over such conviction. Such certificate shall\nspecifically indicate that the authority granting such certificate has\nconsidered the bearing, if any, the criminal offense or offenses for\nwhich the person was convicted will have on the applicant's fitness or\nability to operate a bus transporting school children to the applicant's\nprospective employment, prior to granting such a certificate; or\n  (ii) has been convicted of an offense listed in paragraph (a) of\nsubdivision four of this section that was committed on or after\nSeptember fifteenth, nineteen hundred eighty-five. However, such\ndisqualification may be waived by the commissioner provided that five\nyears have expired since the applicant was discharged or released from a\nsentence of imprisonment imposed pursuant to conviction of an offense\nthat requires disqualification under this paragraph and that the\napplicant shall have been granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children, prior\nto granting such a certificate; or\n  (iii) has been convicted of an offense listed in paragraph (b) of\nsubdivision four of this section that was committed on or after\nSeptember fifteenth, nineteen hundred eighty-five. However, such\ndisqualification shall be waived provided that five years have expired\nsince the applicant discharged or released from a sentence of\nimprisonment imposed pursuant to conviction of an offense that requires\ndisqualification under this paragraph and that the applicant shall have\nbeen granted a certificate of relief from disabilities or a certificate\nof good conduct pursuant to article twenty-three of the correction law.\nWhen the certificate is issued by a court for a conviction which\noccurred in this state, it shall only be issued by the court having\njurisdiction over such conviction. Such certificate shall specifically\nindicate that the authority granting such certificate has considered the\nbearing, if any, the criminal offense or offenses for which the person\nwas convicted will have on the applicant's fitness or ability to operate\na bus transporting school children, prior to granting such a\ncertificate. Provided, however, that at the discretion of the\ncommissioner, the certificate of relief from disabilities may remove\ndisqualification at any time; or\n  (b) for a period of five years from the date of last conviction\nspecified herein, if that person\n  (i) has been convicted within the preceding five years of an offense\nlisted in paragraph (c) of subdivision four of this section that was\ncommitted on or after September fifteenth, nineteen hundred eighty-five.\nHowever, such disqualification shall be waived provided that the\napplicant has been granted a certificate of relief from disabilities or\na certificate of good conduct pursuant to article twenty-three of the\ncorrection law. When the certificate is issued by a court for a\nconviction which occurred in this state, it shall only be issued by the\ncourt having jurisdiction over such conviction. Such certificate shall\nspecifically indicate that the authority granting such certificate has\nconsidered the bearing, if any, the criminal offense or offenses for\nwhich the person was convicted will have on the applicant's fitness or\nability to operate a bus transporting school children, prior to granting\nsuch a certificate;\n  (ii) has been convicted of any violation of section eleven hundred\nninety-two of this chapter or an offense committed outside this state\nwhich would constitute a violation of section eleven hundred ninety-two\nof this chapter, and the offense was committed while the driver was\ndriving a bus in the employ of a motor carrier or in the furtherance of\na commercial enterprise in interstate, intrastate or foreign commerce;\n  (iii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or offenses committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, committed within the preceding five\nyear period;\n  (iv) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, or an offense\ncommitted outside of this state which would constitute a violation of\nany subdivision of section one thousand one hundred ninety-two of this\nchapter, committed within any ten year period after September fifteenth,\nnineteen hundred eighty-five; or\n  (v) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under section six hundred of this\nchapter or an offense committed outside of this state which would\nconstitute a violation of section six hundred of this chapter.\n  (c) for a period of five years from the date of last conviction, if\nthat person has been convicted of a violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n  (d) for a period of one year, if that person has accumulated nine or\nmore points on his or her driving record for acts that occurred during\nan eighteen month period on or after September fifteenth, nineteen\nhundred eighty-five, provided, however, that the disqualification shall\nterminate if the person has reduced the points to less than nine through\nthe successful completion of a motor vehicle accident prevention course.\n  (e) for a period of one year, if that person or was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n  (f) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n  (g) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n  (2) All other school bus drivers who are not subject to subdivision\none of this section shall be disqualified from operating a bus as\nfollows:\n  (a) permanently, if that person has been convicted of an offense\nlisted in paragraph (a) of subdivision four of this section. However,\nsuch disqualification may be waived by the commissioner provided that\nfive years have expired since the applicant was discharged or released\nfrom a sentence of imprisonment imposed pursuant to conviction of an\noffense that requires disqualification under this paragraph and that the\napplicant shall have been granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children to the\napplicant's prospective employment, prior to granting such a\ncertificate.\n  (b) permanently, if that person has been convicted of an offense\nlisted in paragraph (b) of subdivision four of this section. However,\nsuch disqualification shall be waived provided that five years have\nexpired since the applicant was incarcerated pursuant to a sentence of\nimprisonment imposed on conviction of an offense that requires\ndisqualification under this paragraph and that the applicant shall have\nbeen granted a certificate of relief from disabilities or a certificate\nof good conduct pursuant to article twenty-three of the correction law.\nWhen the certificate is issued by a court for a conviction which\noccurred in this state, it shall only be issued by the court having\njurisdiction over such conviction. Such certificate shall specifically\nindicate that the authority granting such certificate has considered the\nbearing, if any, the criminal offense or offenses for which the person\nwas convicted will have on the applicant's fitness or ability to operate\na bus transporting school children, prior to granting such a\ncertificate. Provided, however, that at the discretion of the\ncommissioner the certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law may remove disqualification at any time.\n  (c) for a period of five years from the date of last conviction\nspecified herein, if that person\n  (i) has been convicted within the preceding five years of an offense\nlisted in paragraph (c) of subdivision four of this section. However,\nnotwithstanding the provisions of subdivision three of section seven\nhundred one of the correction law. Such disqualification shall be waived\nprovided that the applicant has been granted a certificate of relief\nfrom disabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children, prior\nto granting such a certificate.\n  (ii) has been convicted of a violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside of this state which would constitute a violation of section\neleven hundred ninety-two of this chapter, and the offense was committed\nwhile the driver was driving a bus in the employ of a motor carrier or\nin the furtherance of a commercial enterprise in interstate, intrastate\nor foreign commerce;\n  (iii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or an offense\ncommitted outside of this state within any ten year period on or after\nSeptember fifteenth, nineteen hundred eighty-five, which would\nconstitute a violation of section eleven hundred ninety-two of this\nchapter; or\n  (iv) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under subdivision two of section\nsix hundred of this chapter or an offense committed outside of this\nstate which would constitute a violation of subdivision two of section\nsix hundred of this chapter; or\n  (v) has been convicted of a violation of section 120.04, 120.04-a,\n125.13, 125.14 or 235.07 of the penal law.\n  (d) for a period of five years from the date of last conviction, if\nthat person has been convicted of a violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n  (e) for a period of one year, if that person accumulates nine or more\npoints on his or her driving record for acts occurring during an\neighteen month period, provided, however, that the disqualification\nshall terminate if the person has reduced the points to less than nine\nthrough the successful completion of a motor vehicle accident prevention\ncourse.\n  (f) for a period of one year, if that person was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n  (g) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n  (h) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n  (3) A person shall be disqualified from operating a school bus if that\nperson has had any license, permit, or privilege to operate a motor\nvehicle suspended, revoked, withdrawn or denied and such license, permit\nor privilege has not been reinstated by the authority which took such\naction. Provided, however, that the provisions of this subdivision shall\nnot apply to a person whose (i) license, permit or privilege to operate\na motor vehicle cannot be reinstated because of non-residency in the\nstate in which the license was suspended, revoked, withdrawn or denied\nor (ii) a person holds a conditional driver's license or a restricted\nuse license issued by the commissioner pursuant to the provisions of\narticle twenty-one or twenty-one-A of this chapter, and is not\ndisqualified under any other provision of this article.\n  (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)\nof subdivision one and paragraph (a) of subdivision two of this section\nthat result in permanent disqualification shall include a conviction\nunder sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,\n125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and\n130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,\n130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a,\n235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an\nattempt to commit any of the aforesaid offenses under section 110.00 of\nthe penal law, or any offenses committed under a former section of the\npenal law which would constitute violations of the aforesaid sections of\nthe penal law, or any offenses committed outside this state which would\nconstitute violations of the aforesaid sections of the penal law.\n  (b) The offenses referred to in subparagraph (ii) of paragraph (a) of\nsubdivision one and paragraph (b) of subdivision two of this section\nthat result in permanent disqualification shall include a conviction\nunder sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,\n125.11, former section 130.40, sections 130.53, 130.60, 130.65-a,\n135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,\n260.00, 265.04 of the penal law or an attempt to commit any of the\naforesaid offenses under section 110.00 of the penal law, or any\noffenses committed under a former section of the penal law which would\nconstitute violations of the aforesaid sections of the penal law, or any\noffenses committed outside this state which would constitute violations\nof the aforesaid sections of the penal law.\n  (c) The offenses referred to in subparagraph (i) of paragraph (b) of\nsubdivision one and subparagraph (i) of paragraph (c) of subdivision two\nof this section that result in disqualification for a period of five\nyears shall include a conviction under sections 100.10, 105.13, 115.05,\n120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,\n125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,\n140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,\n220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of section\n222.50, subdivision two of section 222.55, 230.00, 230.05, 230.06,\n230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07, 235.21,\n240.06, 245.00, 260.10, subdivision two of section 260.20 and sections\n260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the\npenal law or an attempt to commit any of the aforesaid offenses under\nsection 110.00 of the penal law, or any similar offenses committed under\na former section of the penal law, or any offenses committed under a\nformer section of the penal law which would constitute violations of the\naforesaid sections of the penal law, or any offenses committed outside\nthis state which would constitute violations of the aforesaid sections\nof the penal law.\n  (5) As a part of such determination concerning whether an individual\nis disqualified from operating a school bus pursuant to this section,\nthe department shall submit a prospective driver's fingerprints to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may submit such fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n
N.Y. ENV Law § 33-0501 — New York Code / Act ENV / Article 33 / Title 5 / Section 33-0501
Testing of pesticide samples
Status: in_force

§ 33-0501. Testing of pesticide samples.\n  1. The commissioner shall take and seal samples of pesticides in\nduplicate in the presence of at least one witness and shall, tender,\nand, if accepted, deliver to the person in charge of the pesticide one\nof such samples.\n  2. The department shall examine, analyze, or test, or cause to be\nexamined, analyzed or tested the pesticide samples taken under the\nprovisions of this article.\n  3. At least every two years the department shall make public the\nresults of examinations, analyses, trials, and tests of any sample or\nsamples so procured, together with such additional information as\ncircumstances advise. These published results shall be the property of\nthe state of New York and shall not be used for advertising or\nregulatory purposes by any person or agency, government or otherwise\nwithout the commissioner's permission.\n
N.Y. PBA Law § 1096 — New York Code / Act PBA / Article 5 / Title 5 / Section 1096
Powers of the authority
Status: in_force

§ 1096. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, in the name of the authority, lease, hold and dispose\nof personal property or any interest therein for its corporate purposes,\nincluding the power to purchase prospective or tentative awards in\nconnection with the exercise of the power of condemnation hereinafter\ngranted;\n  4. To purchase or lease, in the name of the authority, any water\nsupply system, water distribution system, including plants, works,\ninstrumentalities or parts thereof and appurtenances thereto, lands,\neasements, rights in land and water rights, rights-of-way, contract\nrights, franchises, approaches, connections, dams, reservoirs, water\nmains and pipe lines, pumping stations and equipment, or any other\nproperty incidental to and included in such system or part thereof, and\nany improvements, extensions, and betterments, situated within the\ncounty, or in Genesee county, or in the town or village of Victor, the\nvillage of Bloomfield and the towns of East Bloomfield, Canadice,\nRichmond and West Bloomfield in Ontario county, or in the village of\nHolley and the towns of Clarendon and Kendall in Orleans county for the\npurpose of supplying water for domestic, commercial, and public purposes\nat retail to individual consumers within the county of Monroe or in the\nmanner provided by subdivision seven of this section; and as a means of\nso acquiring for such purposes, and subject to the approval of the\npublic service commission, the authority may purchase all of the stock\nof any existing privately owned water corporation or company, and\nthereafter, within a reasonable time, such water corporation or company\nshall be dissolved;\n  5. To condemn in the name of the authority in the counties of Monroe\nand Genesee, or in any other county or municipality specifically\nenumerated in the first sentence of subdivision six of this section, or\nin the name of the county in the case of any water facilities to be\nowned and financed by the county pursuant to subdivision sixteen-b of\nthis section, except where located in any other county or municipality,\nany water supply system, water distribution system, including plants,\nworks, instrumentalities, or parts thereof and appurtenances thereto,\nlands, easements, rights in land and water rights, rights-of-way,\ncontract rights, franchises, approaches, connections, dams, reservoirs,\nwater mains and pipe lines, pumping stations and equipment, or any other\nproperty incidental to and included in such system or part thereof, and\nany improvements, extensions, and betterments for the purpose of\nsupplying water for domestic, commercial, and public purposes at retail\nto individual consumers within the counties of Monroe and Genesee or in\nany other county or municipality specifically enumerated in the first\nsentence of subdivision six of this section, or at wholesale in the\nmanner provided by subdivision seven of this section. The authority\nshall exercise the power of condemnation hereby granted in the manner\nprovided by the eminent domain procedure law or any such proceeding to\ncondemn may be instituted by the authority before a justice of the\nsupreme court or an official referee thereof. In the exercise of such\npower of condemnation, the property being condemned shall be deemed,\nwhen so determined by the authority, to be for a public use superior to\nthe public use in the hands of any other person, association, or\ncorporation; provided, however, that the authority shall have no power\nto condemn property the legal title to which is vested in a municipality\nor in a private corporation owning such property primarily for its own\nuse, unless such municipality or private corporation shall consent\nthereto;\n  6. To construct and develop any water supply system, water\ndistribution system, including plants, works, instrumentalities, or\nparts thereof, and appurtenances thereto, dams, reservoirs, water mains,\npipe lines, pumping stations and equipment, or any other property\nincidental to or included in such system or part thereof within the\ncounty of Monroe, or in Genesee county, or in the town or village of\nVictor, the village of Bloomfield and the towns of East Bloomfield,\nCanadice, Richmond and West Bloomfield in Ontario county, or in the\nvillage of Holley and the towns of Clarendon  and Kendall in Orleans\ncounty. To acquire, by condemnation, in the name of the authority in the\ncounties of Monroe and Genesee, or in any other county or municipality\nspecifically enumerated in the first sentence of this subdivision, or in\nthe name of the county of Monroe in the case of any water facilities to\nbe owned and financed by such county pursuant to subdivision sixteen-b\nof this section, lands, easements, rights in land and water rights, and\nrights-of-way within the counties of Monroe and Genesee, or in any other\ncounty or municipality specifically enumerated in the first sentence of\nthis subdivision, in the manner provided by this title; or to purchase\nor lease lands, easements, rights in land and water rights, and\nrights-of-way in connection therewith within the county of Monroe or\nwithin Genesee county, or in any other county or municipality\nspecifically enumerated in the first sentence of this subdivision; and\nto own and operate, maintain, repair, improve, reconstruct, enlarge, and\nextend, subject to the provisions of this title, any of its properties\nacquired or constructed under this title, all of which, together with\nthe acquisition of such properties, are hereby declared to be public\npurposes;\n  6-a. The authority shall not exercise any of the powers granted in\nsubdivisions four and six of this section with respect to the\nacquisition, purchase, leasing, construction, or development of property\noutside of the county without first having obtained the prior approval\nof such purchase, leasing, acquisition, construction, or development of\nsuch property outside of the county by resolution of the legislative\nbody of the municipality wherein the affected property outside of the\ncounty is located. Notwithstanding any inconsistent provision of any\ngeneral, special, or local law, ordinance, resolution, or charter, any\npublic corporation or improvement district thereof may, by a majority\nvote of its governing body, give, grant, sell, convey, lend, license the\nuse of, or lease to the authority any property or facilities, including\nany water supply system, water distribution system, including plants,\nworks, instrumentalities or parts thereof and appurtenances thereto,\nlands, easements, rights in land and water rights, rights-of-way,\ncontract rights, franchises, approaches, connections, dams, reservoirs,\nwater mains and pipe lines, pumping stations and equipment, or any other\nproperty incidental to and included in such system or part thereof, and\nany improvements, extensions, and betterments for the purpose of\nsupplying water for domestic, commercial, industrial and public\npurposes, which property or facilities are useful in connection with the\nexercise by the authority of its powers under this title. Any such gift,\ngrant, sale, conveyance, loan, license, or lease shall be upon such\nterms and conditions, and for such term or terms of years, subject to\nthe rights of the holders of any bonds, as the authority and such public\ncorporation or improvement district thereof may agree. Any such gift,\ngrant, sale, conveyance, loan, license, or lease shall not be subject to\nreferendum, permissive or mandatory. In the event that any public\ncorporation or improvement district thereof gives, grants, sells,\nconveys, lends, licenses the use of, or leases any water supply system,\nwater distribution system, or other improvements, extension or\nbetterments for the purpose of supplying water, to the authority, such\npublic corporation or improvement district thereof may contract with the\nauthority to lease, borrow, license, operate, maintain, manage, and\nprovide services for such facilities upon such terms and conditions, and\nfor such term or terms of years, subject to the rights of holders of\nbonds, as the authority and such public corporation or improvement\ndistrict thereof may agree. The authority, in furtherance of any\npurchase, conveyance, or lease of any property or facility from any\npublic corporation or improvement district thereof, may assume the\nprimary responsibility for the payment of the principal and interest on\nany bonds or notes issued by such public corporation or improvement\ndistrict thereof for such property or facility. For purposes of section\n136.00 of the local finance law, any agreement by the authority to\nassume the primary responsibility for the payment of the principal and\ninterest on any bonds or notes issued by any such public corporation or\nimprovement district thereof shall, so long as such agreement shall\ncontinue to be honored by the authority, cause such bonds or notes to be\ndeemed to have been refunded, and any such public corporation or\nimprovement district thereof may deduct from its gross indebtedness any\noutstanding indebtedness contracted for such property or facility to be\nacquired by the authority. The net proceeds of any purchase, conveyance,\nor lease of any property or facility from a public corporation or\nimprovement district thereof may be used by such public corporation or\nimprovement district thereof for any general or specific public use;\n  7. To sell water, however acquired, by volume and at retail to\nindividual consumers within the county of Monroe for domestic,\ncommercial, industrial, and public purposes, or by volume or in bulk and\nat wholesale to any or all municipalities or privately owned public\nwater supply and distribution systems in such county. The fact that any\nmunicipality has procured or is about to procure an independent source\nof water supply shall not prevent such municipality from purchasing\nwater from the authority. To sell any water not needed in such county by\nvolume and at retail to individual consumers within the county of\nGenesee, or in the town or village of Victor, the village of Bloomfield\nand the towns of East Bloomfield, Canadice, Richmond and West Bloomfield\nin Ontario county, or in the village of Holley and the towns of\nClarendon and Kendall in Orleans county, for domestic, commercial,\nindustrial, and public purposes, or by volume or in bulk and at\nwholesale to any municipality or privately owned public water supply and\ndistribution system outside of the county; provided that any costs\nincurred by the authority related to the Genesee county project shall be\nrecovered by the authority solely from Genesee county or from rates and\ncharges collected from customers within Genesee county; and further\nprovided that the authority shall not sell water in any area outside of\nthe county unless the governing board of the municipality wherein such\narea is located shall enter into an agreement with the authority for\nservice or sale of water by it in such area or shall by resolution\nrequest the authority to sell water within such area. Any agreement\nbetween a municipality outside of the county and the authority for the\nsale of water to or within such municipality shall be subject to the\napproval of the legislative body of the contiguous county wherein such\nmunicipality is located. Not only may the authority sell any surplus\nwater it may have developed, but it may develop and provide a sufficient\namount of water so as to supply water outside of the county to\nindividual consumers, any municipality, or privately owned public water\nsupply and distribution system;\n  8. To purchase water in bulk or by volume from any person, private\ncorporation or municipality when necessary or convenient for the\noperation of any water supply and distribution system developed by it,\nor when necessary or convenient for resale under the authority and\nprovisions of subdivision seven of this section;\n  9. To acquire, hold, use, lease, sell, transfer and dispose of any\nproperty, real, personal or mixed, or interest therein, for its\ncorporate purposes;\n  10. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rents and charges therefor. A copy of such rules\nand by-laws, and all amendments thereto, duly certified by the secretary\nof the authority shall be filed in the office of the clerk of the county\nand thereafter published once in two newspapers having a general\ncirculation in the county. Violation of such rules shall be a\nmisdemeanor, punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both. Exclusive\njurisdiction is hereby conferred upon the local criminal courts of the\ncounty, which have trial jurisdiction, to hear and determine, subject to\nthe provisions of the criminal procedure law, any violation of this\ntitle;\n  11. To use the officers, employees, facilities and equipment of the\ncounty with the consent of the county, paying a proper portion of the\ncompensation or cost;\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  13. To enter on any lands, waterways and premises for the purpose of\nmaking surveys, soundings and examinations;\n  14. To borrow money and to issue negotiable bonds or notes and to fund\nor refund the same, and to provide for the rights of the holders of its\nobligations;\n  15. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or notes of\nthe authority together with the maintenance of proper reserves therefor,\nin addition to paying as the same shall become due the expense of\noperating and maintaining the properties of the authority together with\nproper reserves for depreciation, maintenance, and contingencies and all\nother obligations and indebtedness of the authority;\n  16. To enter into cooperative agreements with other water authorities,\nmunicipalities, or utility companies, for the inter-connection of\nfacilities, the exchange or inter-change of services and commodities,\nand to enter into contracts for the construction of water supply and\ndistribution systems by the authority for any municipality which\npossesses express reciprocal powers and having power to construct and\ndevelop a water supply and distribution system, or contracts for the\nconstruction of a water supply and distributions systems for the\nauthority by a municipality which possesses express reciprocal powers\nand having power to construct and develop a water supply and\ndistribution system, upon such terms and conditions as shall be\ndetermined to be reasonable including, but not limited to, the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title,\nprovided, however, that any such agreement with a municipality located\nin a county, other than Monroe county, shall be subject to the approval\nof the legislative body of such county. The authority shall also have\nthe power to enter into contracts or agreements with other corporations,\npublic or private, (i) for or with respect to the financing,\nconstruction, development, expansion or improvement of properties,\nfacilities, and appurtenances owned by the authority, with a part of the\ncapacity or use of such properties, facilities and appurtenances\nutilized or to be utilized by or for the benefit of any such corporation\nand (ii) for or with respect to the use, operation, management, repair\nand maintenance of such properties, facilities, and appurtenances of the\nauthority, upon such terms and conditions as shall be determined to be\nreasonable, which may include, without limitation, collection by the\nauthority of rents, rates or other charges to pay for the cost of\nconstruction, including debt service on obligations of the authority\nissued to finance construction, operation, management, maintenance,\nrepair and use of such facilities; and municipalities having power to\nconstruct and develop water supply and distribution systems shall have\nthe power to enter into contracts or agreements contemplated herein with\nthe authority, including any such contract to which another corporation\nis a party;\n  16-a. To enter into a contract or contracts with the board of\nsupervisors of Monroe county for the acquisition, construction and\ndevelopment of a water supply and distribution system, or any part or\nparts thereof, on behalf of a county water district, and to contract for\nthe operation and management of such county water district, all as\nprovided in article five-a of the county law and article five-b of the\ngeneral municipal law. Such water authority shall be deemed the agent of\nMonroe county under any such contract. If such contract shall authorize\nthe water authority to purchase supplies or equipment or to construct\npublic works, such authority shall be subject to all provisions of law\nto which Monroe county would be subject in relation to advertising and\nawarding any such contracts for supplies, equipment or public works.\n  16-b. (1) It is the purpose of this subdivision to provide a means\nwhereby: (i) the authority shall plan, construct, operate and manage\nboth the water properties owned by the authority and additional water\nfacilities to be hereafter constructed by the authority but financed and\nowned by the county so that such water properties and such water\nfacilities may be operated as an integrated water system; and (ii) the\ncounty shall finance the construction of and own additional water\nfacilities and lease the same to or otherwise make the same available\nfor use by the authority in order to assist the authority in providing\nsuch necessary improvements required for the operation of the water\nproperties of the authority (the title to which water properties will,\nas provided by law, become vested in the county).\n  (2) For the purposes of this subdivision sixteen-b the term "water\nfacilities" shall mean the acquisition, construction or reconstruction\nof or addition to a water supply or distribution system, whether or not\nincluding buildings, land or rights in land, original furnishings,\nequipment, machinery or apparatus, or the replacement of such equipment,\nmachinery or apparatus, which water facilities are to be financed and\nowned by the county. For the purpose of this subdivision sixteen-b the\nterm "water properties" means the source of water supply and the water\nsupply and distribution system of the authority, including the plants,\nworks, instrumentalities or parts thereof and appurtenances thereto,\nlands, easements, rights in land and water rights, rights of way,\ncontract rights, franchises, approaches, connections, dams, reservoirs,\nwater mains and pipe lines, pumping stations and equipment, and any\nother property, real, personal or mixed, incidental to and included in\nsuch source of supply and such system or parts thereof, and any\nimprovements, extensions and betterments, now or hereafter constructed,\nacquired or made by the authority, other than the water facilities\nconstructed by the authority but financed and owned by the county in\naccordance with the provisions of this subdivision.\n  (3) The county may, by resolution of the legislative body of such\ncounty, enter into an agreement or agreements with the authority\nproviding: (i) that water facilities shall be constructed by the\nauthority, which water facilities shall be financed and owned by the\ncounty and leased or otherwise made available for the use of the\nauthority; and (ii) for the transfer to the authority for use in the\nexecution of its corporate purposes of such water facilities hereafter\nfinanced and owned by the county in accordance with the provisions of\nthis subdivision; provided, however, that title to such facilities shall\nremain in the county.\n  Such agreement shall constitute a contract for the passing to and\nvesting in the county of all rights and properties, including water\nproperties, of the authority when all liabilities of the authority,\nother than its liabilities to the county pursuant to any agreements\nentered into pursuant to this subdivision, and the bonds of the\nauthority have been paid in full or such liabilities or bonds have\notherwise been discharged.\n  Such agreement or agreements may be amended, modified, changed or\nextended by supplemental agreements authorized and executed in the same\nmanner as the original agreement provided that the provisions of any\nsuch supplemental agreement shall not be inconsistent with the\nprovisions of this subdivision sixteen-b.\n  (4) Such agreement shall provide that until the rights and properties,\nincluding the water properties, of the authority shall pass to and be\nvested in the county as provided by law, the authority shall act as the\nagent of the county: (i) to provide water facilities deemed necessary by\nthe authority (a) to provide a supply of water sufficient to serve all\ncustomers of the water properties of the authority and of the water\nfacilities of the county operated and managed by the authority, or (b)\nwater facilities for the distribution of water deemed necessary by the\nauthority to serve the territory of the authority within the county; and\n(ii) to operate, manage, replace, maintain and repair such water\nfacilities in conjunction with the water properties of the authority so\nthat both the water properties of the authority and the water facilities\nowned and financed by the county shall be planned, operated and managed\nas an integrated water system.\n  (5) Such agreement shall provide for the transfer to and use by the\nauthority of such water facilities by lease, license or other\narrangement until such time as all rights and properties, including\nwater properties, of the authority shall pass to and be vested in the\ncounty as provided by law and shall authorize the authority to take\njurisdiction, control, possession and supervision of such water\nfacilities and operate, manage, replace, maintain and repair the same\ntogether with the water properties of the authority as an integrated\nwater system.\n  (6) Such agreement shall provide that the county shall pay an amount\nnot to exceed twenty-seven million dollars to provide certain water\nfacilities to be owned by the county and leased to or otherwise made\navailable for use by the authority in accordance with the provisions of\nsuch agreement, which water facilities shall be described in terms\nsufficient for identification in the first agreement so executed by and\nbetween the county and the authority.  The county may issue obligations\npursuant to the local finance law in an amount not to exceed\ntwenty-seven million dollars to pay the cost of such water facilities.\nThe provisions of section four hundred of the county charter prohibiting\nthe financing of permanent improvements by the issuance of obligations\npursuant to the local finance law unless such permanent improvements are\nincluded in a budget of permanent improvements adopted and approved as\nprovided by such section four hundred shall not be applicable to the\nfinancing of such water facilities by the issuance of such obligations\nof the county authority by this paragraph.\n  (7) Such agreement shall provide that the authority shall pay to the\ncounty for each fiscal year of the county an annual rental for the use\nof the water facilities financed and owned by the county which shall be\nan operating expense of the authority, and shall be equal to the sum of\nthe following: (i) the principal of any bonds of the county becoming due\nin such fiscal year issued in accordance with any agreement entered into\npursuant to this subdivision; and (ii) the interest on any obligations\nof the county, including bonds and notes, issued in accordance with any\nsuch agreement and becoming due in such fiscal year. Such agreement\nshall provide such further details as the parties deem necessary with\nrespect to the time and manner of the payment of such annual rentals in\norder to assure that such annual rentals shall be available to the the\ncounty at the times and in the amounts required for the payment of such\nprincipal of bonds of the county and such interest on obligations of the\ncounty. Notwithstanding that the payment of such annual rentals shall be\nan operating expense of the authority, such agreement may provide that\npayment thereof shall be subordinate to all or any of certain payments\nhereinafter described required to be made by a certain trust indenture\nbetween the authority and a trustee dated as of February first, nineteen\nhundred fifty-nine. Such payments are the payments required to be made\nby said trust indenture to the debt service fund and the debt service\nreserve fund both created by such indenture.\n  (8) Such agreement shall provide that to facilitate the further\nacquisition, construction, reconstruction, extension or betterment of\nwater facilities by the authority to be owned and financed by the\ncounty, other than and in addition to the water facilities to be\nfinanced by the county pursuant to the provisions of paragraph (6) of\nthis subdivision, the authority, on or before September first in each\nyear or on or before such earlier date in each year as such agreement\nmay provide, may submit to the county manager a capital budget for the\ncalendar year beginning on the succeeding January first of such proposed\nwater facilities and the estimated cost thereof.  Such capital budget\nshall be accompanied by a report of the consulting engineers retained by\nthe authority pursuant to a certain trust indenture of the authority\ndated as of February one, nineteen hundred fifty-nine. Such report of\nthe consulting engineers shall explain the need for or desirability of\nsuch proposed water facilities and shall state that the consulting\nengineers have approved the estimated cost thereof. Such capital budget\nof the authority and report of such consulting engineers shall describe\nsuch proposed water facilities in terms sufficient for identification.\nWhen received by the county manager, such capital budget of the\nauthority and the report of the consulting engineers shall be used in\nthe preparation of the budget of permanent public improvements of the\ncounty required to be prepared by section four hundred of the Monroe\ncounty charter in the same manner as if the providing of such additional\nwater facilities originally were proposed by the county. The county\nshall pay the cost of any water facilities contained in a budget of\npermanent improvements after such budget has been adopted. At any time\nafter the adoption of such budget of permanent improvements the county\nmay finance any water facilities contained therein pursuant to the\nprovisions of and in the manner provided by the local finance law.\nNotwithstanding any other provisions of this subdivision, in the event\nthat any item for the providing of water facilities contained in the\ncapital budget and report of the consulting engineers as submitted to\nthe county manager shall not be made a part of the budget of permanent\nimprovements of the county, the authority may, nevertheless, proceed to\nconstruct such proposed water facility as an addition to the water\nproperties of the authority and finance the same by the issuance of\nobligations of the authority, subject, however, to:  (i) the provisions\nof any resolutions or trust indentures heretofore or hereafter adopted\nor executed by the authority, as the case may be, with respect to the\nconstruction of water properties and the financing thereof by the\nauthority; and (ii) the limitations, if any, on the issuance of bonds or\nobligations by the authority contained in any agreement executed\npursuant to this subdivision sixteen-b.\n  (9) Such agreement may contain further provisions concerning the\nfollowing, provided, however, that no provisions in any agreement or any\nsupplemental agreement thereto shall require the authority to in any way\nimpair the rights and remedies of the holders of obligations of the\nauthority pursuant to any resolution or trust indenture of the authority\nheretofore adopted or executed authorizing or securing obligations of\nthe authority: (i) further provisions relating to the annual rentals due\nby the authority to the county as provided in this subdivision; (ii)\nprovisions that the rates, fees, rentals and other charges for the sale\nor distribution of water or for other services rendered by the water\nproperties of the authority shall be in an amount sufficient to fully\ncomply with any covenants with holders of obligations of the authority\nand in addition sufficient to pay the annual rentals payable by the\nauthority to the county as provided in this subdivision and in any\nagreements or supplemental agreements executed in accordance with the\nprovisions of this subdivision; (iii) provisions limiting the issuance\nof bonds or obligations by the authority; (iv) provisions limiting the\npower of the authority to sell or otherwise dispose of its water\nproperties without the consent of the county; (v) providing that when\nthe rights and properties of the authority shall pass to and be vested\nin the county as provided by law the authority shall act as the agent of\nthe county to plan, construct, operate and manage the water properties\nand water facilities then vested in and owned by the county for such\nterm and extensions of such term as may be provided by any such\nagreements; and (vi) such other provisions not inconsistent with the\nprovisions of this subdivision sixteen-b as the parties shall deem\nnecessary or desirable to implement the purpose and provisions of this\nsubdivision sixteen-b.\n  (10) The proceeds of sale of obligations of the county issued pursuant\nto any agreement entered into pursuant to this subdivision shall be\nsubject to the provisions of section one hundred sixty-five of the local\nfinance law and shall be paid and disbursed by the director of finance\nof the county on requisition by the authority or such person or persons\nas the authority may authorize to make such requisitions without further\naudit; provided, however, that the director of finance of the county may\nrequire that such requisitions shall be accompanied by properly itemized\nand verified or certified bills for materials, supplies or services.\n  (11) All contracts for the purchase of supplies or equipment or the\nconstruction of water facilities entered into with respect to the\nproviding of water facilities to be financed and owned by the county and\nconstructed by the authority shall be subject to all provisions of law\nwhich the county of Monroe would be subject to in relation to\nadvertising and awarding any such contracts for supplies, equipment or\nthe construction of water facilities\n  (12) The provisions of this subdivision sixteen-b shall be independent\nand cumulative power for the authority and the county to enter into the\nagreements authorized hereby and shall not be construed with or be\nlimited by any of the provisions of article five-a of the county law and\nof this article of the public authorities law.\n  17. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the county, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  19. To contract for the purposes of subdivision twenty-four of section\nten of article two of the highway law.\n  In exercising the powers granted by this title, the authority shall\nnot sell water in any area which is served by a water system owned or\noperated by a municipality unless the governing board of such\nmunicipality shall adopt a resolution requesting the authority to sell\nwater in such area.\n
N.Y. GOB Law § 15-503 — New York Code / Act GOB / Article 15 / Title 5 / Section 15-503
Offer of accord followed by tender
Status: in_force

§ 15-503. Offer of accord followed by tender. 1. An offer in writing,\nsigned by the offeror or by his agent, to accept a performance therein\ndesignated in satisfaction or discharge in whole or in part of any\nclaim, cause of action, contract, obligation, or lease, or any mortgage\nor other security interest in personal or real property, followed by\ntender of such performance by the offeree or by his agent before\nrevocation of the offer, shall not be denied effect as a defense or as\nthe basis of an action or counterclaim by reason of the fact that such\ntender was not accepted by the offeror or by his agent.\n  2. If executed by an agent, any offer required by this section to be\nin writing which affects or relates to real property or an interest\ntherein as defined in section 5-101 in any manner stated in subdivisions\none or two of section 5-703 of this chapter shall be void unless such\nagent was thereunto authorized in writing.\n
N.Y. SOS Law § 410 — New York Code / Act SOS / Article 6 / Title 5 / Section 410
Day care; when public welfare official to furnish
Status: in_force

§ 410. Day care; when public welfare official to furnish.  1. A public\nwelfare official of a county, city or town is authorized, provided funds\nhave been made available therefor, to provide day care at public expense\nfor children residing in his territory who are eligible therefor\npursuant to provisions of this title. Such care may be provided only in\ncases where it is determined, under criteria established by the office\nof children and family services, that there is a need and that such care\nis in the best interest of the child and parent; provided however that\nthe public welfare official shall not be required to limit authorized\nchild care services strictly based on the work, training, or educational\nschedule of the parents or the number of hours the parents spend in\nwork, training, or educational activities. Where the family is able to\npay part or all of the costs of such care, payment of such fees as may\nbe reasonable in the light of such ability shall be required.\n  2. The furnishing of such care is hereby declared to be a proper\nmunicipal purpose for which the monies of a county, city or town may be\nraised and expended. A county, city or town may receive and expend\nmonies from the state, the federal government or private individuals,\ncorporations or associations for furnishing such care.\n  3. (a) Day care under this title shall mean care in a group facility,\nin a family home, in a group family day care home or in a day care\ncenter project as defined in title five-a of this article for part of\nthe day.  Day care may be provided by a social services official either\ndirectly or through purchase. Purchase of such care may be made only\nfrom a private non-profit corporation or association except when the\ncommissioner shall have approved the purchase of such care from private\nproprietary facilities by a social services official who has\ndemonstrated that conveniently accessible non-profit facilities are\ninadequate to provide required care. Purchase of such care may also be\nmade from a school district in accordance with state and federal\nrequirements pursuant to a contract between the social services district\nand the school district.\n  (b) Care under this title may be provided only in group facilities,\nfamily homes, group family day care homes or in a day care center\nproject as defined in title five-a which are operated in compliance with\napplicable regulations of the office of children and family services. A\ngroup facility shall include a public school which provides day care\npursuant to this subdivision.\n  (c) Except as hereinafter provided, care under this title shall not\ninclude care, supervision, training or participation in kindergartens,\nnursery schools or other schools, classes or activities operated or\nconducted by public or private schools. However such care shall include\nday care provided by a school district pursuant to the provisions of\nthis subdivision and subdivision thirty-three of section sixteen hundred\nfour of the education law in accordance with a contract entered into\nbetween such school district and a social services district.\n  (d) The commissioner shall encourage social services districts and day\ncare providers to offer flexible hours of day care. Each provider may\nprovide a flexible schedule in accordance with the rules and regulations\nof the commissioner and an application for day care services shall not\nbe denied solely by reason of the time of day or days that care will be\nrequired provided that an available day care provider can accommodate\nsuch hours or days of care in accordance with such regulations.\n  4. The provisions of this title shall not apply to child care\nassistance provided under title five-C of this article.\n
N.Y. TWN Law § 54 — New York Code / Act TWN / Article 3-A / Title 5 / Section 54
Special improvements
Status: in_force

§ 54. Special improvements. 1. Definition and application. (a) The\nterm "improvement" or "special improvement", as used in this section,\nshall mean any facility, service, function, activity or physical public\nbetterment which may be provided by the establishment of an improvement\ndistrict pursuant to article twelve or twelve-a of this chapter, but not\nincluding water quality treatment districts.\n  (b) The powers provided by this section shall be deemed to be in\naddition to those provided in article twelve or article twelve-a of this\nchapter and shall not be deemed to limit or supersede any powers\nprovided in either of such articles; provided, however, that nothing in\nthis section shall be deemed to authorize the providing of a special\nimprovement in, or the charging of the costs thereof against any area of\nthe town located in any village.\n  2. Plans, reports and maps. The town board may adopt a resolution\nappropriating a specific amount to pay the cost of preparing a general\nplan, report and, where appropriate, a map for providing an improvement\nin the area of the town outside of any villages, or in any portion of\nsuch area. All such plans, reports and maps shall conform with the\nrequirements of section two hundred nine-c of this chapter. The town\nboard may determine that such plans, reports and maps shall be prepared\nby or under the supervision of town officers and employees to be\ndesignated by the town board, or by persons to be employed for the\npurpose, or the town board may contract for the preparation thereof\nwithin the limitations of the amount appropriated. Except as otherwise\nprovided herein, the expense incurred for the preparation of such plans,\nreports and maps shall be a charge on the area of the town outside of\nany villages, and shall be assessed, levied and collected in the same\nmanner as other town charges. If the town board shall thereafter make\nsuch improvement, the expense incurred by the town for the preparation\nof the plans, reports and maps therefor shall be deemed to be part of\nthe cost of such improvement and the town shall be reimbursed for such\nportion of that amount, if any, which the town board, at the public\nhearing held pursuant to subdivision three of this section, shall\nallocate against such benefited area, if any.\n  3. Hearing. Subsequent to the date of filing of the plan, report and\nmap, if any, in the office of the town clerk, as required by section two\nhundred nine-c of this chapter, the town board may adopt an order and\nenter the same in the minutes of its proceedings reciting the proposed\nimprovement, a description of the boundaries of the proposed benefited\narea, if any, the maximum amount proposed to be expended for the\nproposed improvement, the proposed method of apportioning the costs of\nsuch improvement, the proposed method of financing to be employed, the\nfact that a plan, report and map, if any, describing the same are on\nfile in the town clerk's office for public inspection and specifying the\ntime when and the place where such board will meet and hold a public\nhearing at which all persons interested in the subject thereof may be\nheard concerning the same. The board shall cause a copy of such order to\nbe published at least once in a newspaper or newspapers designated\npursuant to subdivision eleven of section sixty-four of this chapter,\nthe first publication thereof to be not less than ten nor more than\ntwenty days before the day set therein for the hearing, and shall also\ncause a copy thereof to be posted upon the bulletin board in the office\nof the town clerk.\n  4. Change in boundaries or apportionment of costs. If the town board\nshall determine, after the hearing, on notice as provided in subdivision\nthree hereof and upon the evidence given thereat, that any of the\nproperty in a proposed benefited area, if any, is not benefited by the\nimprovement, or that any property benefited by the improvement is not\nincluded in the proposed benefited area and that the boundaries of the\nbenefited area should be changed accordingly, or that the proposed\nmethod of apportioning the costs of such improvement should be changed,\nthe board shall specify the changes and shall call a further public\nhearing at a definite time and place not less than fifteen nor more than\ntwenty-five days after such previous hearing.  Notice of such further\nhearing shall be published and posted in the manner provided in\nsubdivision three hereof except that such notice shall also specify the\nmanner in which it is proposed to alter the boundaries of the benefited\narea or the method of apportioning the costs of the improvement.\n  5. Increase in maximum amount. (a) At any time prior to the completion\nof an improvement, the maximum amount proposed to be expended for such\nimprovement, as stated in the notice of public hearing pursuant to\nsubdivision three or four hereof, may be increased by an order of the\ntown board provided that the town board shall, after a public hearing\nheld in the manner prescribed in subdivision three hereof, determine\nthat it is in the public interest to authorize the increase in such\nmaximum amount. If it is proposed or required that the town shall\nfinance the increase in the maximum amount proposed to be expended for\nthe improvement by the issuance of bonds, notes, certificates or other\nevidences of indebtedness and the total estimated expense of such\nimprovement including the increase in the maximum amount shall exceed\none-tenth of one per centum of the full valuation of the taxable real\nproperty in the area of the town outside of villages, the town board may\nnot make an order pursuant to this subdivision unless the comptroller of\nthe state of New York shall have made, subsequent to the public hearing\nrequired by this subdivision, an order approving the increase in such\nmaximum amount as stated in the notice of hearing required by this\nsubdivision. The order of the comptroller shall be prepared in duplicate\nand one copy thereof filed in the office of the department of audit and\ncontrol and the other copy in the office of the town clerk of the town.\nIf the original authorization of the improvement was subject to a\npermissive referendum pursuant to paragraph (a) of subdivision eleven of\nthis section or made subject to a mandatory or permissive referendum\npursuant to paragraph (b) of subdivision eleven of this section, any\norder of the town board increasing the maximum amount to be expended\nshall be subject to the same type of referendum.\n  (b) If the notice of public hearing held pursuant to subdivision three\nor four hereof proposes only the performance or supplying of certain\nservices and states the maximum amount to be expended annually for such\nservices, the maximum amount to be expended annually may be increased by\nan order of the town board, provided the town board shall, after a\npublic hearing, determine that it is in the public interest to authorize\nthe increase in such maximum amount. The town board shall give notice of\nsuch hearing by at least a single publication of a notice in a newspaper\nor newspapers designated pursuant to subdivision eleven of section\nsixty-four of this chapter at least ten but not more than twenty days\nprior to the date specified for such hearing, specifying the time when\nand place where such hearing will be held and stating the increase\nproposed in the maximum amount to be expended annually.\n  6. Authorization of improvement; judicial review. (a) After the\nhearing on notice as provided in subdivision three or four hereof, and\nupon the evidence given thereat, the town board shall determine by\nresolution whether or not it is in the public interest to make such\nimprovement.\n  (b) If the town board shall determine that it is not in the public\ninterest to make the proposed improvement, the board shall adopt a\nresolution stating the reasons for its determination not to make the\nproposed improvement and enter the same in the minutes of its\nproceedings.\n  (c) If the town board shall determine that it is in the public\ninterest, the board may adopt a resolution authorizing such improvement,\nsubject to the approval of the state comptroller where such approval is\nrequired by subdivision thirteen of this section. Such resolution shall\ncontain a statement of the manner in which the costs of the improvement\nare to be apportioned, and a description of the boundaries of the\nbenefited area, if any, as finally determined by the town board where\nany part of the cost is to be raised by special assessments upon\nbenefited property.\n  (d) The town clerk shall cause a certified copy of any resolution or\norder adopted pursuant to this subdivision, subdivision five or\nparagraph (c) of subdivision eight of this section, or section\nfifty-seven of this chapter to be duly recorded in the office of the\nclerk of the county in which the town is located within ten days after\nthe adoption of such resolution, or within ten days of the receipt of\nnotification of the approval of the state comptroller where such\napproval is required by subdivision five or subdivision thirteen of this\nsection. When so recorded, such resolution shall be presumptive evidence\nof the regularity of the proceedings and actions taken by the town board\nin relation thereto.\n  (e) Any interested person aggrieved by any resolution or order adopted\npursuant to this subdivision, subdivision five or paragraph (c) of\nsubdivision eight of this section, or section fifty-seven of this\nchapter may review the same by a proceeding pursuant to article\nseventy-eight of the civil practice act provided such proceeding is\ncommenced within thirty days from the date of the recording of the\ncertified copy of the resolution or order in the office of the county\nclerk. Any such resolution or order shall be final and conclusive unless\na proceeding pursuant to article seventy-eight of the civil practice act\nhas been commenced within thirty days from the date of recording\nthereof. No review shall be had unless at the time the proceeding is\ncommenced the interested person seeking the review shall give an\nundertaking approved by the supreme court, or a justice thereof, as to\nform, amount and sufficiency of sureties, that, in the event of failure\nto modify such resolution or order he or they will pay to the town board\nall costs and expenses as are incurred by it on account of the said\nproceeding as shall be determined by the court. In the event that upon\nsuch review there shall be any modification by the court of such\nresolution the court shall direct the modification thereof by order\nwhich shall be final and conclusive and such town board shall cause such\norder to be recorded and filed in the same place and manner as was the\nresolution or order appealed from.\n  7. Performance of the work. After the resolution authorizing an\nimprovement shall become effective, such improvement may be made and\ncontracts therefor may be let in the manner provided in section one\nhundred ninety-seven of this chapter.\n  8. Apportionment of costs. (a) The cost of any such improvement shall\nbe borne partly by the area of the town outside of any village and\npartly by the lands benefited thereby; or by the area of the town\noutside of any village; or entirely by the lands benefited thereby, as\nthe town board, in its discretion, shall provide. Where, however, (1)\nany part of the cost of the improvement is to be borne by property in a\ndescribed benefited area, such costs shall be assessed, levied and\ncollected from the several lots or parcels of land within such benefited\narea either in the same manner and at the same time as other town\ncharges, or in just proportion to the amount of benefit which the\nimprovement shall confer upon such lots or parcels, or (2) any part of\nthe cost of the improvement is to be borne by the entire area of the\ntown outside of any villages, and such area has not been determined to\nbe the benefited area, such costs shall be assessed, levied and\ncollected from the several lots and parcels of land in such area in the\nsame manner and at the same time as other town charges.\n  (b) In the event that a proposed improvement is not made, any expense\nincurred by the town in relation thereto, including costs of publication\nof notices and of any referendum, shall be a charge upon the area of the\ntown outside of any villages, and shall be assessed, levied and\ncollected in the same manner as other town charges.\n  (c) At any time after the completion of an improvement pursuant to the\nprovisions of this section, the apportionment of the costs thereof as\nbetween the benefited area and the area of the town outside of any\nvillage, as stated in the notice of public hearing pursuant to\nsubdivision three or four hereof, may be changed by resolution of the\ntown board provided that the town board shall, after a public hearing,\ndetermine that it is in the public interest to authorize the change in\nsuch apportionment. The town board shall give notice of such hearing by\nat least a single publication of a notice in a newspaper or newspapers\ndesignated pursuant to subdivision eleven of section sixty-four of this\nchapter at least ten but not more than twenty days prior to the date\nspecified for such hearing, specifying the time when and place where\nsuch hearing will be held and stating the change proposed in the\napportionment of the costs of the improvement. The only change in the\napportionment of the costs of an improvement that may be authorized\npursuant to this paragraph shall be an increase in the share of such\ncosts to be borne by the area of the town outside of any village, with a\ncorresponding decrease in the share of such costs to be borne by the\nbenefited area.\n  (d) The cost of any such improvement may include such portion of the\ncost of existing or authorized improvements as the town board shall\ndetermine. Such determination shall be based on a finding that there is\nan equitable and reasonable relationship between such improvement and\nthe existing or authorized improvements.\n  9. Financing improvement. The funds necessary to pay the cost of any\nimprovement made pursuant to this section shall be raised in a manner\nprovided in article fifteen of this chapter, as determined by the town\nboard, or pursuant to a local law adopted pursuant to section\nfifty-one-a of this article.\n  10. Petition. Five resident owners of taxable real property located\nwithin the area of the town outside of any villages, may petition the\ntown board to acquire, provide or construct any improvement described in\nsubdivision one of this section. Such petition shall be signed by the\npetitioners, and acknowledged or proved in the same manner as a deed to\nbe recorded, or authenticated in the manner provided by the election law\nfor the authentication of nominating petitions. When any such petition\nshall have been presented, the town board may direct the preparation of\na plan, report and, where appropriate, a map for such improvement and\nproceed in the manner provided in this section, or it may adopt a\nresolution, reciting in general terms the filing of such petition, the\nproposed improvement and specifying the time when and the place where\nsuch board will meet to consider the petition and to hear all persons\ninterested in the subject. Notice of such meeting shall be published in\nthe manner provided in subdivision three of this section and shall state\nthe time and place of the meeting and the purpose thereof. The\npetitioners shall be required to deposit with such petition the sum of\none hundred dollars to cover all cost of publishing and posting notices\nof meetings of the town board to consider the petition. If the board\ndetermines to proceed, pursuant to this subdivision, with further\ndevelopment of the proposed improvement, such deposit shall be returned\nin full to the petitioners, but if the petition be denied, the surplus\nonly shall be so returned after paying the expenses mentioned in this\nsubdivision. If the town board shall determine after such hearing and\nupon the evidence given thereat, that the proposed improvement is in the\npublic interest and economically feasible, the board shall direct the\npreparation of a general plan, report, and where appropriate, a map for\nsuch improvement and proceed in the manner provided in this section.\n  11. Referendum. (a) Any resolution adopted pursuant to paragraph (c)\nof subdivision six of this section authorizing a sewer, sewage disposal,\nwater or drainage improvement, any part of the cost of which is to be\nborne by the entire area of the town outside of any villages, and any\nresolution adopted pursuant to paragraph (c) of subdivision eight of\nthis section which will result in an increase in the share of the costs\nof an improvement to be borne by the area of the town outside of any\nvillages in any one fiscal year of more than ten per centum of the\nmaximum amount proposed to be expended, as stated in the last notice of\npublic hearing for such improvement pursuant to subdivision three, four\nor five of this section, shall be subject to a permissive referendum in\nthe manner prescribed in article seven of this chapter, as modified by\nparagraph (c) of this subdivision.\n  (b) Except as provided in paragraph (a) of this subdivision, the town\nboard, in its discretion, may determine that any resolution adopted\npursuant to subdivision two, paragraph (c) of subdivision six or\nparagraph (c) of subdivision eight of this section, shall be subject to\na mandatory or permissive referendum in the manner prescribed in article\nsix or seven of this chapter, as the case may be, as modified by\nparagraph (c) of this subdivision. Such determination, if any, shall be\nincluded in the resolution so adopted. Any such referendum shall be held\nin the entire area of the town outside of any villages, except that, in\nthe case of a resolution adopted pursuant to subdivision two or\nparagraph (c) of subdivision six of this section where any part of the\ncost of the improvement is to be borne by an area of the town less than\nthe entire area of the town outside of any villages, the resolution may\nprovide that the referendum shall be held in such lesser area.\n  (c) Any resolution submitted to a referendum pursuant to this section\nshall not become effective unless it is approved by the affirmative vote\nof a majority of the owners of taxable real property voting thereon\nwhose property is situate in the area of the town outside of any\nvillages, or in such lesser area described in a resolution as authorized\nin paragraph (b) of this subdivision, as shown on the latest completed\nassessment roll of the town. A petition requesting a referendum shall be\nsufficient if signed, and acknowledged or proved in the same manner as a\ndeed to be recorded, or authenticated in the manner provided by the\nelection law for the authentication of nominating petitions, by the\nowners of taxable real property situate in the area of the town outside\nof any villages, or in such lesser area described in the resolution as\nauthorized in paragraph (b) of this subdivision, as shown upon the\nlatest completed assessment roll of such town, in number equal to at\nleast ten per cent of the total number of such owners. For the purposes\nof this subdivision, a corporate owner of such taxable real property\nshall be considered one owner for the purposes of a petition requesting\na referendum and shall be entitled to one vote to be cast by an officer\nor agent of the corporation or other duly authorized person designated\nby appropriate resolution of such corporation. The town clerk shall\ncause to be prepared and have available for distribution proper forms\nfor a petition for a referendum under this section and shall distribute\na supply to any person requesting the same.\n  12. Town function. Any improvement constructed, acquired or provided\npursuant to this section shall be a town function and the town board\nshall be responsible for the necessary management, maintenance,\noperation and repair thereof. The cost of such management, maintenance,\noperation and repair shall be a charge upon the area of the town outside\nof any villages and shall be levied and collected in the same manner and\nat the same time as other town charges; provided, however, that, where\nthe improvement is only the providing of a service at a stated annual\ncost, such annual cost shall be charged in the manner prescribed in the\nprovisions of the resolution adopted pursuant to paragraph c of\nsubdivision six of this section or in modifications thereof, if any,\nadopted pursuant to paragraph c of subdivision eight of this section.\n  12-a. Sewer rents and water rates. The town board may establish sewer\nrents and water rates as provided in paragraph (l) of subdivision 1 and\nparagraph (d) of subdivision three of section one hundred ninety-eight\nof this chapter.\n  13. Comptroller's approval. a. Where it is proposed or required that\nthe town shall finance the cost of any improvement authorized by this\nsection by the issuance of bonds, notes, certificates or other evidences\nof indebtedness of the town therefor and where the estimated expense of\nsuch improvement shall exceed one-tenth of one per centum of the full\nvaluation of the taxable real property in the area of the town outside\nof villages, the permission of the state comptroller shall be required\nfor such improvement.\n  b. Within ten days after the adoption of a resolution by the town\nboard pursuant to paragraph (c) of subdivision six of this section,\nwhich requires the approval of the state comptroller pursuant to\nparagraph (a) of this subdivision, the town clerk shall file a certified\ncopy of such resolution in the office of the state department of audit\nand control at Albany, New York, together with an application for the\napproval of the state comptroller to the providing of such improvement.\nThe application shall be executed and verified by the supervisor, or\nsuch other officer of the town as the town board shall determine. Such\napplication shall be in such form and shall contain such information as\nshall be prescribed by the state comptroller.\n  c. Whenever such an application shall be filed in the office of the\ndepartment of audit and control, the state comptroller shall determine\nwhether the public interest will be served by providing such improvement\nin the manner proposed and also whether the cost thereof will be an\nundue burden upon the property which is to bear the cost of such\nimprovement. The state comptroller may make such determinations upon the\noriginal or any amended application, or in his discretion may require\nthe submission of additional information or data in such form and detail\nas he shall deem sufficient, or may cause an investigation to be made to\naid him in making the determinations above mentioned.\n  d. Upon the expiration of fifteen days from the date of the filing of\nsuch application, the state comptroller shall make an order, in\nduplicate, granting or denying approval for such improvement and shall\nfile one copy of such order in the office of the state department of\naudit and control at Albany, New York, and the other in the office of\nthe town clerk of the town in which the proposed improvement is to be\nprovided. The town clerk shall thereupon notify the members of the town\nboard of the receipt of such order and the contents thereof.\n  14. Lease of improvements.  (a) The town board may lease for a term\nnot to exceed forty years all or any part of the property or facility\nconstructed or operated as a town function under this section to a\ncounty, a city, a village, a town, a public authority, a town on behalf\nof an improvement district, a county on behalf of a county district, or\na joint water works system established pursuant to article five-B of the\ngeneral municipal law, provided, however, that such lease shall be\nsubject to a permissive referendum held in the manner prescribed in\narticle seven of this chapter, as modified by paragraph (c) of\nsubdivision eleven of this section except that a petition requesting a\nreferendum shall be sufficient if signed, and acknowledged or proved in\nthe same manner as a deed to be recorded, or authenticated in the manner\nprovided by the election law for the authentication of nominating\npetitions, by the owners of taxable real property situate in the area of\nthe town outside of any villages, as shown upon the latest completed\nassessment roll of such town, in a number equal to at least five per\ncent of the total number of said owners, or one hundred of said owners,\nwhichever is the lesser.\n  (b) The proceeds of the lease of all or a part of such property or\nfacility shall be deposited in a reserve fund established for the\npurpose of retiring outstanding obligations issued on behalf of the town\nto finance the cost of the property or facility leased, and shall be\nexpended only for such purpose except that if the proceeds exceed the\nsum of all installments of principal of and interest on such\nindebtedness due or to become due, or if, when such obligations shall\nhave been retired, any proceeds of such reserve fund remain unexpended,\nsuch excess monies may be used for any purpose which would be properly\ncharged against the area of the town outside of any villages.\n
N.Y. EDN Law § 3635-A — New York Code / Act EDN / Title 5 / Article 73 / Part 3 / Section 3635-A
Safety belt usage
Status: in_force

§ 3635-a. Safety belt usage.  1. A board of education or board of\ntrustees may, in its discretion, following a public hearing for the\npurpose of determining whether a resolution shall be adopted, provide\nfor the use of seat safety belts on such school buses, in accordance\nwith regulations and standards established by the commissioner under\nsubdivision one of section thirty-six hundred thirty-eight of this\nchapter.\n  2. Such public hearing, conducted upon reasonable notice, shall be\nheld to consider: (a) whether the district shall install seat safety\nbelts on buses purchased and/or contracted for prior to the effective\ndate of this section and require their use; (b) when such installation\nshall be provided, and (c) whether use of seat safety belts shall be\nrequired on all school buses within the district so equipped after a\ndate to be determined by the board of education or board of trustees.\n  3. Such hearings shall consider the effect of seat safety belts\ninstallation on the total number of students that can be transported on\nsuch buses.\n  4. Within twenty days after the public hearing, the board of education\nor board of trustees shall, by resolution, determine whether to require\ninstallation and use of seat safety belts on some or all school buses.\n  5. This section shall apply only to vehicles owned or leased by school\ndistricts and nonpublic schools, and to vehicles used to perform\ncontracts with such school districts and nonpublic schools for the\npurpose of transporting school children for hire.\n  6. Nothing in this section shall be construed to impose a duty upon\nboards of education or boards of trustees to provide seat safety belts\non school buses purchased or contracted for prior to the effective date\nof this section, nor shall any board of education or board of trustees\nbe held liable for failure to provide seat safety belts pursuant to this\nsection. A school board member or trustee shall have immunity from any\ncivil or criminal liability that might otherwise be incurred or imposed\nas a result of the provisions of this section provided that such person\nshall have acted in good faith. For the purpose of any proceeding, civil\nor criminal, the good faith of any such person shall be presumed.\n  7. The provisions of this section shall not apply to school districts\nwhich are using safety belts on school buses or have installed or have\ncontracted for the installation of seat safety belts prior to the\neffective date of this section.\n
N.Y. PBA Law § 1113 — New York Code / Act PBA / Article 5 / Title 5 / Section 1113
Effect of inconsistent provisions
Status: in_force

§ 1113. Effect of inconsistent provisions. In so far as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of any local law of any city, the provisions of\nthis title shall be controlling. Nothing contained in this title shall\nbe held to alter or abridge the powers and duties of the state\ndepartment of health or of the water power and control commission over\nwater supply matters.\n
N.Y. SOS Law § 410-H — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-H
Conditions and security for loans
Status: in_force

§ 410-h.  Conditions and security for loans.  No loan shall be made by\nthe agency to an eligible borrower until the commissioner has approved\nthe project and finds that:\n  1.  The eligible borrower has been approved by the commissioner and\ncomplied with all the provisions of this title;\n  2.  The plans and specifications conform to the requirements of all\nlaws and regulations applicable thereto and assure adequate light, air,\nsanitation and fire protection and are satisfactory to him;\n  3.  The estimated revenue of the project or from other funds of the\neligible borrower pledged, assigned or otherwise to be made available to\nthe agency will be sufficient to cover all probable costs of operation\nand maintenance, of fixed charges and such reserves as may be authorized\nby the commissioner or required by the agency;\n  4.  Provision has been made for the purpose of providing for the\npayment of the difference between the estimated project cost and the\nmortgage loan; and in the event the final project cost shall exceed the\nestimated project cost, the difference between such final project cost\nand the mortgage loan;\n  5.  The eligible borrower has entered into a regulatory agreement\npursuant to section four hundred ten-f of this title.\n
N.Y. SOS Law § 410-V — New York Code / Act SOS / Article 6 / Title 5-C / Section 410-V
Allocation of block grant funds
Status: in_force

§ 410-v. Allocation of block grant funds.  1. The part of the block\nthat is determined to be available to social services districts for\nchild care assistance shall be apportioned among the social services\ndistricts by the department according to an allocation plan developed by\nthe department and approved by the director of the budget.  The\nallocation plan shall be based, at least in part, on historical costs\nand on the availability and cost of, and the need for, child care\nassistance in each social services district.  Annual allocations shall\nbe made on a federal fiscal year basis.\n  2. Reimbursement under the block grant to a social services district\nfor its expenditures for child care assistance shall be available for\nseventy-five percent of the district's expenditures for child care\nassistance provided to those families in receipt of public assistance\nwhich are eligible for child care assistance under this title and for\none hundred percent of the social services district's expenditures for\nother eligible families; provided, however, that such reimbursement\nshall be limited to the social services district's annual state block\ngrant allocation.\n  3. Any portion of a social services district's block grant allocation\nfor a particular federal fiscal year that is not claimed by such\ndistrict during that federal fiscal year shall be added to that social\nservices district's block grant allocation for the next federal fiscal\nyear.\n  4.  Any claims for child care assistance made by a social services\ndistrict for services that occurred from October first, nineteen hundred\nninety-six through September thirtieth, nineteen hundred ninety-seven,\nother than claims made under title XX of the federal social security\nact, shall be counted against the social services district's first block\ngrant allocation.\n
N.Y. VAT Law § 509-W — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-W
Penalties
Status: in_force

§ 509-w. Penalties. Upon conviction for a violation of any provision\nof this article or the rules and regulations of the commissioner of\ntransportation promulgated pursuant thereto, the court shall impose a\nsentence consisting of a fine of not less than two hundred fifty dollars\nnor more than one thousand dollars.\n