N.Y. EDN Law § 8504-A — New York Code / Act EDN / Title 8 / Article 164 / Section 8504-A
Mandatory continuing education for respiratory therapists
Status: in_force

§ 8504-a. Mandatory continuing education for respiratory therapists.\n1.  (a) Each licensed respiratory therapist required under this article\nto register triennially with the department to practice in the state\nshall comply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Respiratory\ntherapists who do not satisfy the mandatory continuing education\nrequirement shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a\nrespiratory therapist may practice without having met such requirements\nif he or she is issued a conditional registration certificate pursuant\nto subdivision three of this section.\n  (b) Respiratory therapists shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accord with the intent of this\nsection, adjustment to the mandatory continuing education requirement\nmay be granted by the department for reasons of health, certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed respiratory therapist not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to their\nrespective practice as a respiratory therapist during the triennial\nregistration period shall notify the department prior to reentering the\nprofession and shall meet such mandatory education requirements as shall\nbe prescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as a respiratory therapist shall complete a minimum of\nthirty hours of acceptable formal continuing education, as specified in\nsubdivision four of this section, provided that no more than fifteen\nhours of such continuing education shall consist of self-study courses.\nAny respiratory therapist whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand one, shall\ncomplete continuing education hours on a prorated basis at the rate of\nfive-sixths of one hour per month for the period beginning January\nfirst, two thousand up to the first registration date thereafter. A\nlicensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. With the exception of continuing education hours\ncompleted during the registration period immediately preceding the\neffective date of this section, continuing education hours completed\nduring one triennium may not be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices as a respiratory therapist without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable formal\ncontinuing education" for respiratory therapy shall mean formal courses\nof learning which contribute to professional practice in respiratory\ntherapy and which meet the standards prescribed by regulations of the\ncommissioner. The department may, in its discretion and as needed to\ncontribute to the health and welfare of the public, require the\ncompletion of continuing education courses in specific subjects.\n  5. Respiratory therapists shall maintain adequate documentation of\ncompletion of acceptable formal continuing education and shall provide\nsuch documentation at the request of the department.\n  6. The mandatory continuing education fee for respiratory therapists\nshall be thirty dollars, shall be payable on or before the first day of\neach triennial registration period, and shall be paid in addition to the\ntriennial registration fee required by section eighty-five hundred four\nof this article.\n
N.Y. PBA Law § 1804-A — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1804-A
Deed in lieu of foreclosure
Status: in_force

§ 1804-a. Deed in lieu of foreclosure. 1. The authority is hereby\nauthorized to require at the time of the making of the loan or issuance\nof the loan guarantee, or at any time thereafter, in a form acceptable\nto it, a deed to all rights and interests in the real or personal\nproperty, as a security interest, such deed to be termed a "deed in lieu\nof foreclosure", and is empowered hereby to record such deed upon a\ndefault in the payment or terms of any loan made or guaranteed by the\nauthority. By such recording title to and all rights of ownership in\nsuch property shall be thereby transferred to the authority\nnotwithstanding the existence of any other deeds which are, or may be,\nrecorded after the filing of a notice by the authority concerning the\nexistence of such deed in lieu of foreclosure in accordance with\nsubdivision six of this section and such later recorded deeds except for\nthe deed in lieu of foreclosure shall be void and unenforceable.\n  2. Notwithstanding such transfer, all liens upon such property which\nare duly perfected prior to the recording of such deed in lieu of\nforeclosure, including any lien of the authority, shall continue in full\neffect and shall be subject to foreclosure at the suit of any of the\nlienholders, including the authority, and such lienholders' mortgage or\nother security interest shall not be deemed merged or unenforceable by\nsuch transfer.\n  3. Such deed given prior to recording shall be fully effective in\npassing title and all rights of ownership upon recording thereof by the\nauthority notwithstanding the passage of time or changes in the\nownership and officers of the project owner.\n  4. Notice that such deed in lieu of foreclosure exists shall be\nrecorded in the office of the clerk of the county where such real or\npersonal property is situated and shall be in the form prescribed in\nsubdivision six of this section.\n  5. After the recording of such deed by the authority, the authority\nshall commence a foreclosure action upon its lien within one hundred\ntwenty days in accordance with the real property actions and proceedings\nlaw. The grantor and former project owner may commence an action to\ncompel the authority to foreclose its lien after such period of time,\nand is entitled to the excess of funds received from the foreclosure\nsale over the total liens outstanding on the property.\n  6. Such notice shall be in the form of a deed, duly acknowledged by\nthe grantor and stating on its face "This is a security interest held by\nthe New York job development authority and shall pass title to the\nwithin described property upon the recording of such deed in accordance\nwith section eighteen hundred four-a of the public authorities law".\n
N.Y. EDN Law § 8503 — New York Code / Act EDN / Title 8 / Article 164 / Section 8503
State board for respiratory therapy
Status: in_force

§ 8503. State board for respiratory therapy.  A state board for\nrespiratory therapy shall be appointed by the board of regents on the\nrecommendation of the commissioner for the purpose of assisting the\nboard of regents and the department on matters of professional licensing\nand conduct in accordance with section sixty-five hundred eight of this\ntitle. The board shall be composed of not less than five licensed\nrespiratory therapists, two licensed respiratory therapy technicians,\nand four additional members who shall include at least one licensed\nphysician and at least one public member. Members of the first board who\nare respiratory therapy practitioners need not be licensed prior to\nappointment on the board, provided, however, that the first appointed\nrespiratory therapists shall be registered by a national certifying or\naccrediting board, acceptable to the department and the first appointed\nrespiratory therapy technicians shall be certified by a national\ncertifying or accrediting board, acceptable to the department. An\nexecutive secretary to the board shall be appointed by the board of\nregents on recommendation of the commissioner.\n
N.Y. EDN Law § 6818 — New York Code / Act EDN / Title 8 / Article 137 / Section 6818
Adulterated and misbranded cosmetics
Status: in_force

§ 6818. Adulterated and misbranded cosmetics. 1. A cosmetic shall be\ndeemed to be adulterated:\n  a. If it bears or contains any poisonous or deleterious substance\nwhich may render it injurious to users under the conditions of use\nprescribed in the labeling thereof, or under such conditions of use as\nare customary or usual: Provided, that this provision shall not apply to\ncoal-tar hair dye, the label of which bears the following legend\nconspicuously displayed thereon "Caution--this product contains\ningredients which may cause skin irritation on certain individuals and a\npreliminary test according to accompanying directions should first be\nmade. This product must not be used for dying the eyelashes or eyebrows;\nto do so may cause blindness", and the labeling of which bears adequate\ndirections for such preliminary testing. For the purposes of this\nparagraph and paragraph e the term "hair dye" shall not include eyelash\ndyes or eyebrow dyes.\n  b. If it consists in whole or in part of any filthy, putrid, or\ndecomposed substance.\n  c. If it has been prepared, packaged, packed, shipped or held in any\ninsanitary condition or in any other condition whereby it may have been\nrendered injurious to health.\n  d. If its container is composed, in whole or in part, of any poisonous\nor deleterious substance which may render the contents injurious to\nhealth.\n  e. If it is not a hair dye and it bears or contains a coal-tar color\nother than one from a batch that has been certified in accordance with\nregulations as provided by this article.\n  2. A cosmetic shall be deemed to be misbranded:\n  a. If its labeling is false or misleading in any particular.\n  b. If in package form, unless it bears a label containing (1) the name\nand place of business of the manufacturer, packer, or distributor; and\n(2) an accurate statement of the quantity of the contents in terms of\nweight, measure, or numerical count: Provided, that under clause (2) of\nthis paragraph reasonable variations shall be permitted, and exemptions\nas to small packages shall be established by regulations.\n  c. If any word, statement, or other information required by or under\nauthority of this article to appear on the label or labeling is not\nprominently placed thereon with such conspicuousness (as compared with\nother words, statements, designs, or devices in the labeling) and in\nsuch terms as to render it likely to be read and understood by the\nordinary individual under customary conditions of purchase and use.\n  d. (1) If its container is so made, formed, or filled as to be\nmisleading; or (2) if it bears a copy, counterfeit, or colorable\nimitation of a trademark, label, or identifying name or design of\nanother cosmetic.\n
N.Y. PBA Law § 1199-OO — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-OO
Actions against the authority
Status: in_force

* § 1199-oo. Actions against the authority. 1. Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or any member, officer,\nagent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit by and in compliance with section\nfifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused;\n  (c) the action or proceeding shall be commenced within one year and\nninety days after the happening of the event upon which the claim is\nbased; and\n  (d) An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nbonds, shall be the rate prescribed by section three-a of the general\nmunicipal law. Interest on payments of principal or interest on any\nbonds in default shall accrue at the rate or rates set forth in such\nbonds from the due date thereof until paid or otherwise satisfied.\n  * NB There are 2 § 1199-oo's\n
N.Y. EDN Law § 7902-A — New York Code / Act EDN / Title 8 / Article 156 / Section 7902-A
Practice of occupational therapy assistant and use of the title "occupational therapy assistant
Status: in_force

§ 7902-a. Practice of occupational therapy assistant and use of the\ntitle "occupational therapy assistant." Only a person licensed or\notherwise authorized under this title shall participate in the practice\nof occupational therapy as an occupational therapy assistant or use the\ntitle "occupational therapy assistant." Practice as an occupational\ntherapy assistant shall include the providing of occupational therapy\nand client related services under the direction and supervision of an\noccupational therapist or licensed physician in accordance with the\ncommissioner's regulations.\n
N.Y. PBA Law § 1199-DD*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-DD*2
Orange county water authority
Status: in_force

* § 1199-dd. Orange county water authority. 1. A public corporation,\nto be known as the "Orange county water authority" is hereby created for\nthe public purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation and shall be a "public\ndistrict" for purposes of section eighty-nine-l of the public service\nlaw, the objects of which in the judgment of the legislature cannot be\nattained under general laws. It shall consist of seven members, who\nshall be residents of the county and be appointed by the county\nexecutive. All members so appointed shall be subject to confirmation by\nthe county legislature. The first members appointed by the county\nexecutive shall be appointed for the following terms of office: two for\na term ending on December thirty-first of the second year following the\nyear in which this title shall have become law; three for a term ending\non December thirty-first of the third year following the year in which\nthis title shall have become law; one for a term ending on December\nthirty-first, two thousand thirteen; and one for a term ending on\nDecember thirty-first, two thousand fourteen. Subsequent appointments of\nmembers shall be made for a term of two years ending in each case on\nDecember thirty-first of the last year of such term. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies shall be filled in the manner provided for original\nappointment. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncounty. The members of the authority shall receive no compensation for\ntheir services, but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the governing body at a meeting duly called and held\nwhere a quorum of four members are present. No action shall be taken\nexcept pursuant to the favorable vote of at least four members. The\ngoverning body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n  2. The officers of the authority shall consist of a chairman, vice\nchairman and a treasurer, who shall be members of the authority, and a\nsecretary, who need not be a member of the authority. Such officers\nshall be appointed by the governing body and shall serve in such\ncapacities at the pleasure of the governing body. In addition to the\nsecretary, the governing body may appoint and at pleasure remove such\nadditional officers and employees as it may be determined necessary for\nthe performance of the powers and duties of the authority and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The treasurer\nshall execute a bond, conditioned upon the faithful performance of the\nduties of his or her office, the amount and sufficiency of which shall\nbe approved by the governing body and the premium therefor shall be paid\nby the authority.\n  3. 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,\nagency or employee be deemed incompatible or in conflict with such\noffice, membership or employment.\n  4. (a) The county executive shall file on or before December\nthirty-first in the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (i) the name of the authority; (ii) the names\nof the members appointed by the county executive and confirmed by the\ncounty legislature and their terms of office; and (iii) the effective\ndate of this title. If such certificate is not filed with the secretary\nof state on or before such date, then the corporate existence of the\nauthority shall thereupon terminate and it shall thereupon be deemed to\nbe and shall be dissolved.\n  (b) The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the\nauthority, all of the rights and properties of the authority then\nremaining shall pass to and vest in the county.\n  5. 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 county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  * NB There are 2 § 1199-dd's\n
N.Y. PBA Law § 1196-B — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-B
Definitions
Status: in_force

§ 1196-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean a water authority or sewerage authority or\nwater and sewerage authority organized pursuant to the provisions of\nthis title.\n  2. "Bonds" shall mean bonds, notes or other evidences of indebtedness\nissued by an authority pursuant to this title.\n  3. "Chief executive officer" shall mean the chief elected official of\na municipality.\n  4. "Comptroller" shall mean the comptroller of the state.\n  5. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water, sewerage or\nwater and sewerage system, as the case may be, as defined herein; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, fiscal and economic and environmental investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions incidental thereto.\n  6. "Cost", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all systems, facilities,\nmachinery, apparatus and equipment, financing charges and bond discount,\ninterest to the extent not paid or provided for from revenues or other\nsources, the cost of engineering and architectural surveys, plans and\nspecifications, the cost of consultants' and legal services, the cost of\nlease guarantee or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof an authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures that would be\ncosts of the project hereunder.\n  7. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  8. "District" shall mean the authority district established at the\ntime of organization of an authority by the governing body or bodies of\nthe municipality or municipalities for whose benefit the authority is\nestablished by special act of the legislature, or as it may be amended\nby such governing body or bodies, all in accordance with the provisions\nof section eleven hundred ninety-six-c of this title.\n  9. "Governing body" shall mean:\n  (a) In the case of a city, county, town, or village or district\ncorporation, the finance board as such term is defined in the local\nfinance law.\n  (b) In the case of a public benefit corporation, the members thereof.\n  10. "Municipality" shall mean any city, county, town, village, or\ncounty or town acting on behalf of an improvement district.\n  11. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights included within\nsaid term and includes not only fee simple absolute, but also any and\nall lesser interests including, but not limited to, easements, rights of\nway, uses, leases, licenses and all other incorporeal hereditaments and\nevery estate, interest or right, legal or equitable, including terms for\nyears and liens thereon by way of judgments, mortgages or otherwise.\n  12. "Sewage" shall mean the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  13. "Sewerage facility" or "sewerage facilities" shall mean any\nplants, structures and other real and personal property acquired,\nrehabilitated or constructed or planned for the purpose of collecting,\ntreating and disposing of sewage, including main, trunk, intercepting,\nconnecting, lateral, outlet or other sewers, outfall, pumping stations,\ntreatment and disposal plants, groundwater recharge basins, back-flow\nprevention devices, sludge dewatering or disposal equipment and\nfacilities, clarifiers, filters, phosphorus removal equipment, and other\nplants, structures, equipment, vehicles, conveyances, real or personal\nproperty or rights therein and appurtenances thereto necessary or useful\nand convenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  14. "Sewerage system" shall mean the sewage collection, pumping,\ntreatment neutralizing, storage and disposal system or systems in the\npossession of, or under the jurisdiction and control of, a municipality,\nincluding all additions, increases, enlargements, extensions or\nimprovements thereto.\n  15. "State" shall mean the state of New York.\n  16. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  17. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  18. "System revenues" shall mean rates, rents, fees, charges, payments\nand other income and receipts derived from users of a water system or\nsewerage system of a municipality including, without limiting the\ngenerality of the foregoing, investment proceeds and proceeds of\ninsurance, condemnation, sales or other dispositions of assets, together\nwith all federal, state or municipal aid.\n  19. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  20. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated,\nor constructed for the purpose of supplying, transmitting, distributing\nor treating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, waterworks or sources of water\nsupply, wells, purification or filtration plants or other treatment\nplants and works, connections, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, conveyances, real or\npersonal property or rights therein and appurtenances thereto necessary\nor useful and convenient for the accumulation, supply, transmission,\ntreatment or distribution of water.\n  21. "Water project" shall mean any sewerage facility, water facility\nor water and sewerage facility, as the case may be, including the\nplanning, development, financing or construction thereof.\n
N.Y. PBA Law § 1836-F — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 6 / Section 1836-F
Repayment of loans; interest
Status: in_force

§ 1836-f. Repayment of loans; interest. The entire amount loaned shall\nbe repaid by the employee ownership association to the authority or its\ndesignee.\n
N.Y. VAT Law § 1603 — New York Code / Act VAT / Title 8 / Article 35 / Section 1603
Delegation of powers
Status: in_force

§ 1603. Delegation of powers.  (a) Any or all of the powers granted by\nthis chapter to the legislative body of a city or village or to the New\nYork state thruway authority, the office of parks, recreation and\nhistoric preservation, the department of environmental conservation, the\ndepartment of agriculture and markets, the industrial exhibit authority,\na county park commission, a parkway authority, a bridge authority or a\nbridge and tunnel authority may be delegated to any official, board or\nagency thereof designated by it or designated by law. If any authority\nor commission herein mentioned shall cease to exist, its powers as\ngranted by this chapter shall devolve upon the state or municipal\ncorporation succeeding to the property, functions, powers and duties of\nsuch authority or commission, as the case may be, and may be delegated\nby its legislative body to any official, board or agency thereof as\ndesignated by it or by law.\n  (b) Any or all of the powers to adopt orders, rules or regulations\ngranted by this chapter to the legislative body of any city having a\npopulation in excess of one million, whether through provisions\napplicable to cities generally or applicable specifically to any such\ncity, may be exercised in such city, with respect to any highway, park,\nbridge or tunnel therein, except as otherwise provided in subsection (c)\nof this section, by any official, board or agency thereof authorized by\nlaw, immediately prior to the effective date of this section, to\npromulgate traffic regulations with respect to such place, unless and\nuntil any such power shall be transferred to any other official, board\nor agency of such city by local law or state statute.\n  (c) Any or all of the powers to adopt orders, rules, regulations or\nhealth code provisions in relation to transportation of combustibles,\nchemicals, explosives, inflammables or other dangerous substances,\narticles, compounds or mixtures granted by this title to the legislative\nbody of any city having a population in excess of one million may be\nexercised by the official, board or agency having the power immediately\nprior to the effective date of this section, to promulgate regulations\nor health code provisions governing such matters, unless and until a\ndifferent official, board or agency is designated by local law or state\nstatute to exercise such power.\n  (d) In any case where any provision of this title grants to the\nlegislative body of any city having a population in excess of one\nmillion any power to adopt orders, rules, regulations or health code\nprovisions not possessed by such legislative body or any official, board\nor agency of such city, immediately prior to the effective date of this\nsection, such power may be exercised by the official, board or agency\nauthorized by law, immediately prior to the effective date of this\nsection, to promulgate traffic regulations applicable generally\nthroughout such city, unless and until a different official, board or\nagency is designated by local law or state statute to exercise such\npower, provided that any such power with respect to any park or highway\nunder the jurisdiction of a commissioner of parks or a department of\nparks, shall be exercised by the official, board or agency having the\npower, immediately prior to the effective date of this section, to\npromulgate traffic regulations with respect to such park or highway,\nunless and until a different official, board or agency is designated by\nlocal law or state statute to exercise such power, and provided further\nthat any such power in relation to transportation of combustibles,\nchemicals, explosives, inflammables or other dangerous substances,\narticles, compounds or mixtures shall be exercised by the official,\nboard or agency having the power, immediately prior to the effective\ndate of this section, to promulgate regulations or health code\nprovisions governing such matters, unless and until a different\nofficial, board or agency is designated by local law or state statute to\nexercise such power.\n  (e) Any or all of the powers granted by this title to the town board\nof a town, except those set forth in paragraphs one, five, nine, fifteen\nand twenty of subdivision (a) of section sixteen hundred sixty may be\ndelegated to any official, board or agency designated by it or by law.\n
N.Y. PBA Law § 1199-EE — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-EE
Powers of the authority
Status: in_force

* § 1199-ee. Powers of the authority. The authority shall have the\npower:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable or non-negotiable notes, bonds\nor other obligations and to provide for the rights of the holders\nthereof;\n  4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold, and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality;\n  6. To purchase, in the name of the authority, any water or sewerage\nfacility, including plants, works, instrumentalities or parts thereof\nand appurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, permits, approaches,\nconnections, dams, wells, pumps, reservoirs, water or sewer mains and\npipe lines, pumping stations, treatment facilities, meters, equipment\nand inventory, or any other property incidental to and included in such\nsystem or part thereof, and any improvements, extensions and\nbetterments, situated wholly within the district and to pay the costs\nthereof; provided, however, that the authority shall have the power to\npurchase any source of supply, supply facility, water supply system, or\ntransmission facility or any part thereof situated wholly or partly\nwithout the territorial limits of the district, provided the same shall\nbe necessary in order to supply water within the district; and in\nconnection with the purchase of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater or sewerage facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To enter into contracts with municipalities or other persons for\nthe collection, treatment and disposal of sewage;\n  11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  12. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  14. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n  15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  16. To prepare a water supply emergency plan which may include, but\nnot be limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) public notification program coordinated with the phased\nimplementation schedule;\n  Such plan shall not be adopted until a public hearing on such plan\nshall have been held, upon not less than fourteen days' notice thereof\nto each customer, either by mail or by publication once in a newspaper\nhaving general circulation within the district; every five years, such\nplan shall be reviewed and revised if necessary after a public hearing,\nwith notice to each customer as aforesaid;\n  17. To enter upon such lands, waters, or premises as in the judgment\nof the authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  19. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district or to\ncollect, treat or discharge sewage produced within the district;\n  20. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n  21. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipality, town water district, person,\nassociation or corporation; provided, however, that water and sewerage\nservices may be sold at retail to individual consumers only within the\ndistrict and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water services in any area\nwhich is served by a water system or sewerage services in any area which\nis served by a sewerage system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served areas;\n  22. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's water supply and, subject to agreements\nwith bondholders, rules for the sale of water or collection of sewage\nand the collection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision twelve of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the board of supervisors\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable by fine, not exceeding fifty dollars, or by imprisonment for\nnot longer than thirty days, or both;\n  23. 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, notes, or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue the expense of operating and maintaining the properties of the\nauthority together with proper maintenance reserves, capital reserves,\nrepair reserves, tax stabilization reserves and other contingency\nreserves, and all other obligations and indebtedness of the authority;\n  24. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's water reserve as it is affected within and outside the\nauthority's supply area, and within the territorial limits of the\ndistrict to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system or sewerage system\nor facilities by the authority for any municipality having power to\nconstruct and develop a water supply and distribution or sewerage system\nor facilities, upon such terms and conditions as shall be determined to\nbe reasonable including but not limited to the reimbursement of all\ncosts of such construction, or for any other lawful purposes necessary\nor desirable to effect the purposes of this title;\n  25. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for nonpayment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water or sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a waterworks\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law;\n  26. To act as a county water agency in accordance with the provisions\nof article 5-A of the county law; and\n  27. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n  * NB There are 2 § 1199-ee's\n
N.Y. EDN Law § 7801 — New York Code / Act EDN / Title 8 / Article 155 / Section 7801
Definition of practice of massage therapy
Status: in_force

§ 7801. Definition of practice of massage therapy. The practice of the\nprofession of massage therapy is defined as engaging in applying a\nscientific system of activity to the muscular structure of the human\nbody by means of stroking, kneading, tapping and vibrating with the\nhands or vibrators for the purpose of improving muscle tone and\ncirculation.\n
N.Y. EDN Law § 6711-B — New York Code / Act EDN / Title 8 / Article 135 / Section 6711-B
Mandatory continuing education for veterinary technicians
Status: in_force

§ 6711-b. Mandatory continuing education for veterinary technicians.\n1.  (a) Each veterinary technician, licensed pursuant to this article,\nrequired to register triennially with the department to practice in this\nstate shall comply with the provisions of the mandatory continuing\neducation requirements, except as set forth in paragraphs (b) and (c) of\nthis subdivision. Veterinary technicians who do not satisfy the\nmandatory continuing education requirements shall not practice until\nthey have met such requirement and have been issued a registration or\nconditional registration certificate.\n  (b) Veterinary technicians shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accordance with the intent of\nthis section, adjustments to the mandatory continuing education\nrequirement may be granted by the department for reasons of health,\ncertified by a physician, for extended active duty with the armed forces\nof the United States, or for other good cause acceptable to the\ndepartment which may prevent compliance. Veterinary technicians engaged\non a full-time basis in the teaching of veterinary medicine at a\nveterinary education program registered by the department or an\naccrediting organization acceptable to the department shall be exempt\nfrom the requirements of this section.\n  (c) A licensed veterinary technician, not engaged in professional\npractice shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of veterinary\ntechnology shall notify the department prior to reentering the\nprofession and shall meet such mandatory continuing education\nrequirements as shall be prescribed by regulation of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration shall complete a minimum of twenty-four hours of acceptable\nformal continuing education, a maximum of twelve hours of which may be\nself-instructional coursework acceptable to the department. Any\nveterinary technician whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand twelve,\nshall complete continuing education hours on a prorated basis at the\nrate of one and one-quarter hours per month for the period beginning\nJanuary first, two thousand twelve up to the first registration date\nthereafter. A licensee who has not satisfied the mandatory continuing\neducation requirements shall not be issued a triennial registration\ncertificate by the department and shall not practice unless and until a\nconditional registration certificate is issued as provided in\nsubdivision three of this section, or until he or she has otherwise met\nthe requirements of this section. The individual licensee shall\ndetermine the selection of courses or programs of study pursuant to\nsubdivision four of this section.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and take any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department. Any licensee who is notified of\nthe denial of registration for failure to submit evidence, satisfactory\nto the department, of completion of required continuing education and\nwho practices veterinary technology without such registration, may be\nsubject to disciplinary proceedings pursuant to section sixty-five\nhundred ten of this title.\n  4. As used in this section, "acceptable formal continuing education"\nshall mean formal programs of learning which contribute to professional\npractice of veterinary technology which are offered by sponsors of\nveterinary technician continuing education approved by the department,\nin consultation with the state board for veterinary medicine, to fulfill\nthe mandatory continuing education requirement. Sponsors of veterinary\ntechnician continuing education shall include state or national\nprofessional associations established to further the veterinary\nprofessions and shall include any affiliates of such associations\nincluding local veterinary medical societies and local veterinary\ntechnician societies and generally recognized state, national and\ninternational veterinary and veterinary technician conferences at which\nprofessional continuing education is a major component of such\nconferences, as well as universities and colleges offering programs\nleading to licensure in the veterinary medical professions. Sponsors of\nveterinary technician continuing education shall file an application\nwith the department and pay a fee of nine hundred dollars.\n  5. The mandatory continuing education fee shall be established by the\ndepartment, and shall be payable on or before the first day of each\ntriennial registration period, and shall be paid in addition to the\ntriennial registration fee required by section sixty-seven hundred\neleven of this article.\n
N.Y. EDN Law § 6734 — New York Code / Act EDN / Title 8 / Article 136 / Section 6734
Requirements for a professional license
Status: in_force

§ 6734. Requirements for a professional license. To qualify for a\nlicense as a physical therapist, an applicant shall fulfill the\nfollowing requirements:\n  a. Application: file an application with the department;\n  b. Education: have received an education, including a doctoral degree\nin physical therapy or determined to be equivalent, in accordance with\nthe commissioner's regulations;\n  c. Experience: have experience satisfactory to the board in accordance\nwith the commissioner's regulations;\n  d. Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  e. Age: be at least twenty-one years of age;\n  f. Character: be of good moral character as determined by the\ndepartment; and\n  g. Fees: pay a fee of one hundred seventy-five dollars to the\ndepartment for admission to a department conducted examination and for\nan initial license; a fee of eighty-five dollars for each reexamination;\na fee of one hundred fifteen dollars for an initial license for persons\nnot requiring admission to a department conducted examination; and a fee\nof one hundred fifty-five dollars for each triennial registration\nperiod.\n
N.Y. PBA Law § 1197-Y — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-Y
Separability clause
Status: in_force

§ 1197-y. Separability clause. If any section, clause or provision in\nthis title shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. VAT Law § 1660 — New York Code / Act VAT / Title 8 / Article 41 / Section 1660
Traffic regulation in all towns
Status: in_force

§ 1660. Traffic regulation in all towns. (a) The town board of any\ntown with respect to highways outside of villages in any such town, but\nnot including state highways maintained by the state except with respect\nto subdivisions six, eight, nine and ten, subject to the limitations\nimposed by section sixteen hundred eighty-four may by ordinance, order,\nrule or regulation:\n  1. Designate county roads and town highways as through highways and\norder stop signs, flashing signals or yield signs erected on county\nroads or town highways at specified entrances to such through highways\nor designate any intersection except those where one or more entering\nhighways is a state highway maintained by the state as a stop\nintersection or a yield intersection and order like signs or signals at\none or more entrances to such intersections.\n  2. Upon a roadway which is divided into three lanes, allocate the\ncenter lane exclusively for traffic moving in a specified direction.\n  3. Order signs erected directing slow-moving traffic, trucks, buses or\nspecified types of vehicles to use a designated lane, or with signs,\nsignals or markings designate those lanes to be used by traffic moving\nin a particular direction regardless of the center of the roadway.\n  4. Determine those highways or portions of highways which shall be\nmarked to indicate where overtaking and passing or driving to the left\nof or crossing such markings would be especially hazardous in accordance\nwith the standards, minimum warrants and sign or marking specifications\nestablished by the department of transportation.\n  5. Regulate traffic by means of traffic-control signals.\n  6. (i) License, regulate or prohibit speed contests, races,\nexhibitions of speed, processions, assemblages, or parades. Whenever\nsuch a speed contest, race, exhibition of speed, procession, assemblage\nor parade authorized by a local authority will block the movement of\ntraffic on a state highway maintained by the state, or on a highway\nwhich connects two state highways maintained by the state to make a\nthrough route, for a period in excess of ten minutes, such authority\nmust, prior to such blocking, provide and designate with conspicuous\nsigns a detour adequate to prevent unreasonable delay in the movement of\ntraffic on said state highway maintained by the state.\n  (ii) Prohibit vehicles engaged in retail sales of frozen desserts as\nthat term is defined in subdivision thirty-seven of section three\nhundred seventy-five of this chapter directly to pedestrians from\nstopping for the purpose of such sales on any highway within such town\nor on all such highways. Nothing herein shall be construed to prohibit\nthe operator of such vehicle from stopping such vehicle off of such\nhighway, in a safe manner, for the sole purpose of delivering such\nretail product directly to the residence of a consumer or to the\nbusiness address of a customer of such retailer.\n  7. Prohibit or regulate the operation and the stopping, standing or\nparking of vehicles in cemeteries and in public parks.\n  8. Provide for the removal and storage of vehicles parked or abandoned\non highways during snowstorms, floods, fires or other public\nemergencies, or found unattended where they constitute an obstruction to\ntraffic or any place where stopping, standing or parking is prohibited\nand for the payment of reasonable charges for such removal and storage\nby the owner or operator of any such vehicle.\n  9. Provide for the installation, operation, maintenance, policing and\nsupervision of parking meters, establish parking time limits at such\nmeters, designate hours of operation of such meters, and, except as\nprovided in section twelve hundred three-h of this chapter, fix and\nrequire the payment of a fee applicable to parking where such meters are\nin operation. The town board of any town may exercise these powers on\nbehalf and at the expense of a public parking district with respect to\nhighways outside of villages but within such public parking district, in\nwhich event the fees from such parking meters shall belong to such\ndistrict, and the cost of operation and maintenance thereof shall\nthereafter be borne by such public parking district.\n  10. Establish a system of truck routes upon which all trucks,\ntractors, and tractor-trailer combinations having a total gross weight\nin excess of ten thousand pounds are permitted to travel and operate and\nexcluding such vehicles and combinations from all highways except those\nwhich constitute such truck route system. Such exclusion shall not be\nconstrued to prevent the delivery or pickup of merchandise or other\nproperty along the highways from which such vehicles and combinations\nare otherwise excluded. Any such system of truck routes shall provide\nsuitable connection with all state routes entering or leaving such town.\n  11. Temporarily exclude from any portion of any town highway any\nvehicle with a gross weight of over four or more tons or any vehicle\nwith a gross weight in excess of any designated weight on any wheel,\naxle, any number of axles, or per inch width of tire when in its opinion\nsuch highway would be materially injured by the operation of any such\nvehicle thereon. Such exclusion shall take effect upon the erection of\nsigns on the section of highway from which such vehicles are excluded,\nand a notice that such vehicles are excluded shall be published in a\nnewspaper in the county where the highway is situated. The exclusion\nshall remain in effect until the removal of the signs as directed by the\ntown board.  Upon written application by any operator of a vehicle\nsubject to this section, the town board may issue a permit providing\nappropriate exemption to such vehicle, if it is deemed that said vehicle\nis performing essential local pickup or delivery service and that a\nfailure to grant such permit would create hardship. Every such permit\nmay designate the route to be traversed and contain other reasonable\nrestrictions or conditions deemed necessary. Every such permit shall be\ncarried on the vehicle to which it refers and shall be open to\ninspection of any peace officer, acting pursuant to his special duties,\nor police officer. Such permits shall be for the duration of the\nrestriction imposed under this section.\n  12. Prohibit, restrict or regulate the operation of vehicles on any\ncontrolled-access highway or the use of any controlled-access highway by\nany vehicle, device moved by human power or pedestrian.\n  13. Prohibit or regulate the turning of vehicles or specified types of\nvehicles at intersections or other designated locations.\n  14. Regulate the crossing of any roadway by pedestrians.\n  15. Authorize angle parking on any roadway.\n  16. Designate any highway or any separate roadway thereof for one-way\ntraffic.\n  17. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations from highways specified by such\ntown board. Such exclusion shall not be construed to prevent the\ndelivery or pickup of merchandise or other property along the highways\nfrom which such vehicles and combinations are otherwise excluded.\n  18. Prohibit, restrict or limit the stopping, standing or parking of\nvehicles.\n  19. Designate safety zones.\n  21. Designate a portion of a slope as a path for the use of bicycles.\n  22. Order signs or markings to identify the portion of the highway to\nbe used for bicycle travel.\n  23. Designate preferential use lanes for specified types or classes of\nvehicles.\n  24. Prohibit, restrict or regulate the operation of limited use\nvehicles on any street or highway.\n  25. Adopt such additional reasonable ordinances, orders, rules and\nregulations with respect to traffic as local conditions may require\nsubject to the limitations contained in the various laws of this state.\n  26. Make special provisions with relation to stopping, standing or\nparking of vehicles registered pursuant to section four hundred four-a\nof this chapter or those possessing a special vehicle identification\nparking permit issued in accordance with section one thousand two\nhundred three-a of this chapter.\n  27. Declare a snow emergency and designate any highway or portion\nthereof as a snow emergency route.\n  28. Exclude trucks, commercial vehicles, tractors, tractor-trailer\ncombinations, tractor-semitrailer combinations, or\ntractor-trailer-semitrailer combinations in excess of any designated\nweight, designated length, designated height, or eight feet in width,\nfrom highways or set limits on hours of operation of such vehicles on\nparticular town highways or segments of such highways. Such exclusion\nshall not be construed to prevent the delivery or pickup of merchandise\nor other property along the highways from which such vehicles or\ncombinations are otherwise excluded.\n  (b) Each such town board shall cause to be determined, for all bridges\nand elevated structures under its jurisdiction, the capacity in tons of\ntwo thousand pounds which the bridge or structure will safely carry.\nUpon bridges or structures of insufficient strength to carry safely the\nlegal loads permissible by section three hundred eighty-five of this\nchapter, the town board shall cause signs to be erected to inform\npersons of the safe capacity.\n  (c) Each such town board shall cause signs to be erected to inform\npersons of the legal overhead clearance for all bridges and elevated\nstructures on highways under its jurisdiction. The legal clearance shall\nbe one foot less than the measured clearance. The measured clearance\nshall be the minimum height to the bridge or structure measured\nvertically from the traveled portion of the roadway. On bridges or\nstructures having fourteen feet or more of measured clearance, no such\nsigns shall be required.\n  (d) Such a town board also may by ordinance, order, rule or regulation\nprohibit, restrict or limit the stopping, standing or parking of\nvehicles upon property owned or leased by such town.\n  (e) Any town with a population of seven hundred thousand or more may\nby local law or ordinance, provide for the removal and storage of\nvehicles parked on private property upon request of the owner of such\nprivate property, where such vehicles constitute an obstruction to the\nprivate property owner's right of ingress and egress, and for the\npayment of reasonable charges for such removal and storage by the owner\nor operator of any such vehicle. Such local law or ordinance shall be\napplicable only in the unincorporated areas of such town.\n  (f) No town shall enact any local law or ordinance to prohibit the use\nof sidewalks by persons with disabilities who use either a wheelchair or\nan electrically-driven mobility assistance device being operated or\ndriven by such person.\n
N.Y. RSS Law § 362 — New York Code / Act RSS / Article 8 / Title 8 / Section 362
Ordinary disability retirement
Status: in_force

§ 362. Ordinary disability retirement. a. Application for an ordinary\ndisability retirement allowance for a member may be made by:\n  1. Such member, or\n  2. The head of the department in which such member is employed, or\n  3. Some person acting on behalf of and authorized by such member.\n  aa. At the time of the filing of an application pursuant to this\nsection, the member must:\n  1. Have at least ten years of total service credit, and\n  2. Actually be in service upon which his membership is based, or, have\nbeen discontinued from service, either voluntarily or involuntarily, for\nnot more than ninety days, providing the member was disabled prior to\nsuch discontinuance.\nAfter the filing of such an application, such member shall be given one\nor more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty and ought to be retired for ordinary disability, he shall be so\nretired. Such retirement shall be effective as of a date approved by the\ncomptroller.\n  b. Upon retirement for ordinary disability one of the following\nretirement allowances shall be payable:\n  1. If a member has attained age sixty when such retirement becomes\neffective, his or her retirement allowance shall be equal to that which\nhe or she would receive in the case of superannuation retirement, unless\nthe member is enrolled in a plan provided under section three hundred\nseventy-a, three hundred seventy-one-a or three hundred seventy-five of\nthis article, in which case the benefit shall be calculated in the\nmanner described in clause two of subparagraph (c) of paragraph two of\nthis subdivision.\n  2. If the member has not attained age sixty when such retirement\nbecomes effective, his retirement allowance shall consist of:\n  (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n  (c) A pension computed in accordance with whichever of the following\nprovides the greater benefit:\n  (1) A pension which, together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\nninety per centum of one-seventieth of his final average salary\nmultiplied by the number of years of his total service credit, which\nformula shall be used only if the retirement allowance so computed\nexceeds one-quarter of his final average salary.\n  If the retirement allowance so computed shall amount to one-quarter or\nless of the member's final average salary, his pension shall be computed\nupon the basis of the total service which he would have rendered if he\ncontinued in service until he attained age sixty so far as the resulting\nretirement allowance computed by resort to this formula shall not exceed\none-quarter of the member's final average salary.\n  (2) A pension which together with the member's annuity and the\npension-providing-for-increased-take-home-pay, if any, shall equal\none-sixtieth of his final average salary multiplied by the number of\nyears of his total service credit, which formula shall be used only if\nthe retirement allowance so computed exceeds one-third of his final\naverage salary. If the retirement allowance so computed shall amount to\none-third or less of the member's final average salary, his pension\nshall be computed upon the basis of the total service which he would\nhave rendered if he continued in service until he attained age sixty so\nfar as the resulting retirement allowance computed by resort to this\nformula shall not exceed one-third of the member's final average salary.\nIn the case of persons who last became members on or after July first,\nnineteen hundred seventy-three, the provisions of this item (2) shall\napply only to those who file an application for ordinary disability\nretirement with the comptroller prior to July first, nineteen hundred\nseventy-four.\nFor the purpose only of determining the amount of a pension pursuant to\nany of the above formulae, the annuity shall be computed as it would be:\n  (aa) If not reduced by the actuarial equivalent of any outstanding\nloan, and\n  (bb) If not increased by the actuarial equivalent of any additional\ncontributions, and\n  (cc) If not reduced by reason of the member's election to decrease his\nor her annuity contributions to the police and fire retirement system in\norder to apply the amount of such reduction in payment of his or her\ncontributions for old-age and survivors insurance coverage.\n  c. If the member, at the time of the filing of an application under\nthe provisions of subdivision a hereof, is eligible for a service\nretirement benefit, then and in that event, he may simultaneously file\nan application for service retirement in accordance with the provisions\nof section three hundred seventy of this chapter, provided that the\nmember indicates on the application for service retirement that such\napplication is filed without prejudice to the application for ordinary\ndisability retirement.\n  d. An application for an ordinary disability retirement allowance may\nbe filed, as otherwise provided herein, simultaneously with or after the\nfiling of an application for an accidental disability retirement\nallowance, providing a member meets the requirements of this section. If\nthe comptroller shall grant the application for an accidental disability\nretirement allowance and the application for an ordinary disability\nretirement allowance, the accidental disability retirement allowance\nshall become payable unless the applicant files a timely written request\nwith the comptroller to receive the ordinary disability retirement\nallowance in lieu of the accidental disability retirement allowance, in\nwhich case the ordinary disability retirement allowance shall become\npayable. To become effective, such written request must be filed with\nthe comptroller within thirty days following notification that the\napplications for ordinary disability retirement and accidental\ndisability retirement have both been granted.\n
N.Y. PBA Law § 1199-HHHH — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-HHHH
Bonds of the authority
Status: in_force

* § 1199-hhhh. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, notes\nor other obligations to pay the cost of any project or for any other\ncorporate purpose, including the establishment of reserves to secure the\nbonds, the payment of principal of, premium, if any, and interest on the\nbonds and the payment of incidental expenses in connection therewith.\nThe aggregate principal amount of such bonds, notes or other obligations\nshall not exceed seventy-five million dollars ($75,000,000), excluding\nbonds, notes or other obligations issued to refund or otherwise repay\nbonds, notes or other obligations theretofore issued for such purposes\nprovided, however, that upon any such refunding or repayment the total\naggregate principal amount of outstanding bonds, notes or other\nobligations may be greater than seventy-five million dollars\n($75,000,000) only if the present value of the aggregate debt service of\nthe refunding or repayment bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor purposes hereof, the present values of the aggregate debt service of\nthe refunding or repayment bonds, notes or other obligations and of the\naggregate debt service of the bonds, notes or other obligations and of\nthe aggregate debt service of the bonds, notes or other obligations so\nrefunded or repaid, shall be calculated by utilizing the effective\ninterest rate of the refunding or repayment bonds, notes or other\nobligations, which shall be that rate arrived at by doubling the\nsemi-annual interest rate (compounded semi-annually) necessary to\ndiscount the debt service payments on the refunding or repayment bonds,\nnotes or other obligations from the payment dates thereof to the date of\nissue of the refunding or repayment bonds, notes or other obligations\nand to the price bid including estimated accrued interest or proceeds\nreceived by the authority including estimated accrued interest from the\nsale thereof. The authority shall have the power and is hereby\nauthorized to enter into such agreements and perform such acts as may be\nrequired under any applicable federal legislation to secure a federal\nguarantee of any bonds.\n  2. The authority shall have power from time to time to renew bonds or\nto issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose of the authority. Bonds (other\nthan notes or other evidence of indebtedness) issued for refunding\npurposes, which have a final maturity date longer than the maturity of\nthe bonds being refunded, shall be approved by a resolution of the\ncounty legislature adopted by a majority vote. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent not or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  Bonds shall be subject to such terms of redemption, bear interest at\nsuch rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSundays excepted, after a notice of such sale has been published at\nleast once in a newspaper of general circulation in the area served by\nthe authority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  Notwithstanding the provisions of the preceding paragraph, whenever in\nthe judgment of the authority the interests of the authority will be\nserved thereby, the members of the authority, on the written\nrecommendation of the chairperson, may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to a requirement that where the interests of\nthe authority will be served by a private or public sale of bonds, the\nauthority shall select underwriters for each private or public bond sale\nconducted pursuant to a request for proposal process and consideration\nof proposals from qualified underwriters taking into account, among\nother things, qualifications of underwriters as to experience, their\nability to structure and sell authority bond issues, anticipated costs\nto the authority, the prior experience of the authority with the firm,\nif any, the capitalization of such firms, participation of qualified\nminority and women-owned business enterprise firms in such private or\npublic sales of bonds of the authority and the experience and ability of\nfirms under consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  The authority shall annually submit its bond sale report to the state\ncomptroller and copies thereof to the senate finance committee and the\nassembly ways and means committee.\n  The authority shall make available to the public copies of its bond\nsale report upon reasonable request thereof.\n  Nothing contained in this subdivision shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, or property of the authority, to secure the payment of the bonds\nor any costs of issuance thereof, including but not limited to any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source, subject to such agreements with\nbondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected by the authority and the amounts to be raised in each year\nthereby, and the use and disposition of revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any water project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section one thousand one hundred\nninety-nine-iiii of this title or limiting the rights, duties and powers\nof such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any water facility or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and to enter into trust\nindentures, agreements and other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys, or property and the\ndoing of any act, including refraining from doing any act, which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing bonds shall be liable personally thereon or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  10. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date. Bonds so purchased shall thereupon be cancelled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n  * NB There are 2 § 1199-hhhh's\n
N.Y. EDN Law § 6737 — New York Code / Act EDN / Title 8 / Article 136 / Section 6737
Non-liability of licensed physical therapists for first aid or emergency treatment
Status: in_force

§ 6737.  Non-liability of licensed physical therapists for first aid\nor emergency treatment.  Notwithstanding any inconsistent provision of\nany general, special or local law, any licensed physical therapist who\nvoluntarily and without the expectation of monetary compensation renders\nfirst aid or emergency treatment at the scene of an accident or other\nemergency, outside a hospital, doctor's office or any other place having\nproper and necessary physical therapy equipment, to a person who is\nunconscious, ill or injured, shall not be liable for damages for\ninjuries alleged to have been sustained by such person or for damages\nfor the death of such person alleged to have occurred by reason of an\nact or omission in the rendering of such first aid or emergency\ntreatment unless it is established that such injuries were or such death\nwas caused by gross negligence on the part of such physical therapist.\nNothing in this section shall be deemed or construed to relieve a\nlicensed physical therapist from liability for damages for injuries or\ndeath caused by an act or omission on the part of a physical therapist\nwhile rendering professional services in the normal and ordinary course\nof his practice.\n
N.Y. EDN Law § 6903 — New York Code / Act EDN / Title 8 / Article 139 / Section 6903
Practice of nursing and use of title "registered professional nurse" or "licensed practical nurse"
Status: in_force

§ 6903. Practice of nursing and use of title "registered professional\nnurse" or "licensed practical nurse". Only a person licensed or\notherwise authorized under this article shall practice nursing and only\na person licensed under section sixty-nine hundred five of this article\nshall use the title "registered professional nurse" and only a person\nlicensed under section sixty-nine hundred six of this article shall use\nthe title "licensed practical nurse". No person shall use the title\n"nurse" or any other title or abbreviation that would represent to the\npublic that the person is authorized to practice nursing unless the\nperson is licensed or otherwise authorized under this article.\n
N.Y. VAT Law § 1670 — New York Code / Act VAT / Title 8 / Article 42 / Section 1670
Regulation of traffic within municipal facilities
Status: in_force

§ 1670. Regulation of traffic within municipal facilities. Any local\nauthority or school district, with respect to driveways or parking\nfields accessory to any school, playground, park, municipal building,\ninstallation or facility, and under the jurisdiction of such local\nauthority or school district for general regulatory or custodial\npurposes, may by ordinance, order, rule or regulation:\n  1. Prohibit, restrict or limit the stopping, standing or parking of\nvehicles.\n  2. Regulate the direction of traffic.\n  3. Establish lower maximum speed limits at which vehicles may proceed\nthan the fifty-five miles per hour statutory maximum speed limit.\n  4. Adopt such additional reasonable ordinances, orders, rules and\nregulations with respect to traffic as local conditions may require\nsubject to the limitations contained in the various laws of this state.\n  5. Provide for the removal and storage of vehicles when: (a) parked in\nthe parking fields or driveways during snowstorms, floods, fires or\nother public emergencies; or (b) found unattended in the parking fields\nor driveways where they constitute an obstruction to traffic; or (c)\nfound abandoned in the parking fields or driveways, and for the payment\nof reasonable charges for such removal and storage by the owner or\noperator of any such vehicle.\n  6. Make special provisions with relation to stopping, standing or\nparking of vehicles registered pursuant to section four hundred four-a\nof this chapter or those possessing a special vehicle identification\nparking permit issued in accordance with section one thousand two\nhundred three-a of this chapter.\n
N.Y. ENV Law § 17-0809 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0809
Effluent limitations
Status: in_force

§ 17-0809. Effluent limitations.\n  1. SPDES permits issued pursuant hereto shall contain applicable\neffluent limitations as required by the Act and as may be promulgated by\nthe department.\n  2. Notwithstanding any other provision of this article, any point\nsource the construction of which is commenced after the date of\nenactment of the Act and which is so constructed as to meet all\napplicable standards of performance shall not be subject to any more\nstringent standard of performance during a ten-year period beginning on\nthe date of completion of such construction or during the period of\ndepreciation or amortization of such facility for the purposes of\nsection 167 or 169 (or both) of the Internal Revenue Code of 1986,\nwhichever period ends first.\n  3. Notwithstanding any other provision of this article, when effluent\nlimitations are established they must be at least as stringent as the\neffluent limitations previously required unless the commissioner\ndetermines, through regulation, that an exception is warranted as\nprovided in section 303(d) and 402(o) of the Federal Water Pollution\nControl Act (33 U.S.C. sections 1313(d) and 1342(o)) as amended by the\nWater Quality Act of 1987; provided, however, no such exceptions may be\ndetermined to be warranted in special groundwater protection areas\ndesignated pursuant to article fifty-five of this chapter or in Nassau\nor Suffolk counties where such discharges will impact marine waters\nwithin ten years or less. In such areas, the best available technology,\nthat is economically feasible and cost effective based on an analysis\nthat considers direct and avoided economic and environmental costs,\nshall be applied with special emphasis on reducing nitrogen pollution.\n
N.Y. PBA Law § 1199-HHH — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-HHH
Bonds of the authority
Status: in_force

§ 1199-hhh. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in\nconformance with the applicable provisions of the uniform commercial\ncode in such principal amounts as it may determine to be necessary to\npay the cost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nshall be special obligations payable solely out of particular revenues\nor other moneys of the authority as may be designated in the proceedings\nof the authority under which the bonds shall be authorized to be issued,\nsubject to any agreements with the holders of outstanding bonds pledging\nparticular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or the state or nongovernmental insurer\nor financial institution any insurance, guaranty, or other credit\nenhancement arrangement, to the extent now or hereafter available, as\nto, or for the payment or repayment of interest or principal, or both,\nor any part thereof, on any bonds or notes issued by the authority and\nto enter into any agreement or contract with respect to any such\ninsurance, guaranty or credit enhancement arrangement, except to the\nextent that the same would in any way impair or interfere with the\nability of the authority to perform and fulfill the terms of any\nagreement made with the holders of the bonds or notes of the authority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide, except that bonds and any\nrenewals thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewals thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold by the authority at private sale unless such sale and the\nterms thereof have been approved in writing by the comptroller, where\nsuch sale is not to the comptroller, or by the state director of the\nbudget, where such sale is to be to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property of the authority, to secure\nthe payment of the bonds, including but not limited to any contracts,\nearnings or proceeds of any grant to the authority received from any\nprivate or public source, subject to such agreements with bondholders as\nmay then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected by the authority and the amounts to be raised in each year\nthereby, and the use and disposition of revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition of revenues;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any water project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust, deed, mortgage or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section one thousand one hundred\nninety-nine-iii of this title and limiting or abrogating the rights of\nthe bondholders to appoint a trustee under such section or limiting the\nrights, duties and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any water facility or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of its properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members nor the officers of the authority nor any\nperson executing bonds shall be liable personally thereon or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date; or\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as bonds\nand such notes and the resolution or resolutions authorizing the same\nmay contain any provisions, conditions or limitations which the bonds or\nbond resolution of the authority may contain. Such notes may be sold at\npublic sale or, upon the approval of the comptroller of the terms\nthereof, at private sale. Such notes shall be as fully negotiable as the\nbonds of the authority.\n
N.Y. PBA Law § 1570-O — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-O
Remedies of bondholders
Status: in_force

§ 1570-o. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle, or shall default in any agreement made with the holders of any\nissue of the bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nof Westchester and proved or acknowledged in the same manner as a deed\nto be recorded, may appoint a trustee to represent the holders of such\nbonds for the purposes provided in this section.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of\nWestchester.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the powers specified in this\nsection, have and possess all of the powers necessary or appropriate for\nthe exercise of any functions specifically set forth in this section or\nincident to the general representation of bondholders in the enforcement\nand protection of their rights.\n
N.Y. PBA Law § 1198-H — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-H
Bonds of the authority
Status: in_force

§ 1198-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nmay be general obligations secured by the faith and credit of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys of the authority as may be designated in the\nproceedings of the authority under which the bonds shall be authorized\nto be issued, subject to any agreements with the holders of outstanding\nbonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, or any other credit enhancement arrangement with any bank\nor other financial institution to the extent now or hereafter available,\nas to, or for the payment or repayment of interest or principal, or\nboth, or any part thereof, on any bonds issued by the authority and to\nenter into any agreement or contract with respect to any such insurance\nor guaranty, except to the extent that the same would in any way impair\nor interfere with the ability of the authority to perform and fulfill\nthe terms of any agreement made with the holders of the bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold at private sale unless the terms of such sale shall have\nbeen approved in writing by:\n  (a) the comptroller, where such sale is not to the comptroller, or\n  (b) the director of the division of the budget of the state, where\nsuch sale is to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred ninety-eight-i of\nthis title and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members of the board of directors nor the officers of\nthe authority nor any person executing bonds shall be liable personally\nthereon or be subject to any personal liability or accountability solely\nby reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date,\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or bond resolution of the authority may contain. Such notes may be\nsold at public sale or, upon the approval of the comptroller of the\nterms thereof, at private sale. Such notes shall be as fully negotiable\nas the bonds of the authority.\n
N.Y. PBA Law § 1197-D — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-D
Water authority of Great Neck north
Status: in_force

§ 1197-d. Water authority of Great Neck north. 1. A corporation known\nas "water authority of Great Neck north" is hereby created for the\npurposes and charged with the duties and having the powers provided in\nthis title. The authority shall be a corporate governmental agency\nconstituting a public benefit corporation and shall be a "public\ndistrict" for the purposes of section eighty-nine-l of the public\nservice law. The authority shall be governed by a board of directors\nconsisting of eight members. The chief executive officers of the\nvillages of Great Neck, Great Neck Estates, Great Neck Plaza,\nKensington, Kings Point, Saddle Rock, Thomaston and the town of North\nHempstead shall each appoint one member. Each member shall serve for a\nperiod of two years. Each chief executive officer shall file with the\nsecretary of state a certificate of appointment or reappointment of any\nmember appointed or reappointed by such chief executive within thirty\ndays of the appointment or reappointment. Members shall receive no\ncompensation for their services but shall be entitled to reimbursement\nof their necessary expenses, including traveling expenses, incurred in\nthe discharge of their duties. Nothing herein shall be construed as\npreventing a chief executive officer of a municipality from appointing\nhimself or herself to be a member of the board of directors.\n  2. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated within the district.\nIn the event that an official or an employee of such municipality shall\nbe appointed as a member of the board of directors, acceptance or\nretention of such appointment shall not be deemed a forfeiture of his or\nher municipal office or employment, or incompatible therewith or affect\nhis or her tenure or compensation in any way.\n  3. No action shall be taken by the authority except pursuant to the\nfavorable vote of fifty-one percent of the total authorized voting\nstrength of the board of directors. The total authorized voting strength\nof the board of directors shall be 100.0.\n  (a) The number of weighted votes possessed by each member of the board\nof directors shall be determined in accordance with paragraphs (c), (d)\nand (e) of this subdivision.\n  (b) No action shall be taken by the authority except pursuant to the\nfavorable vote of at least: (i) fifty-one percent of the total\nauthorized voting strength of the board of directors; and (ii) four\nmembers of the board of directors, at least two of whom must be from\namong the four members of the board of directors possessing the greatest\nnumber of weighted votes.\n  (c) The vote of each member shall be equal to one hundred multiplied\nby a fraction, the numerator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in the municipality from which such member was\nappointed and the denominator of which shall be equal to the quantity of\nwater supplied by the authority to the owners, tenants, occupants and\nother water users in all of the municipalities within the district.\n  (d) Based upon the water supplied to the municipalities within the\ndistrict in nineteen hundred eighty-two, the voting shall be weighted as\nfollows:\n        MEMBER APPOINTED BY THE CHIEF   AUTHORIZED NUMBER\n         EXECUTIVE OFFICER OF THE           OF VOTES\n          Village of Kings Point             32.9\n          Village of Great Neck              24.4\n          Village of Great Neck Plaza        14.2\n          Village of Great Neck Estates      11.7\n          Town of North Hempstead             8.0\n          Village of Kensington               4.4\n          Village of Saddle Rock              3.9\n          Village of Thomaston                0.5\n                                             ----\n                                      total 100.0\n  (e) Commencing on the first day of April, nineteen hundred eighty-nine\nand every four years thereafter, the authorized number of votes of each\nmember shall be adjusted in accordance with the formula set forth in\nparagraph (c) of this subdivision to reflect the total quantity of water\nsupplied by the authority to owners, tenants, occupants and other water\nusers in each municipality within the district during the two calendar\nyears immediately preceding the date on which the adjustment is being\nmade.\n  4. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nFive members of the board of directors, who together are authorized to\ncast a majority of the weighted vote, shall constitute a quorum. The\nboard of directors may delegate to one or more of its members, or to one\nor more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n  5. The officers of the authority shall consist of a chairperson, vice\nchairperson, deputy chairperson, treasurer, and secretary, who may, but\nneed not be members of the board of directors. The officers of the\nauthority shall be appointed by the board of directors. The board of\ndirectors may appoint and at its pleasure remove an attorney and an\nengineer, which positions, in addition to the officers above named,\nshall be in the exempt class of the civil service and such additional\nofficers and employees as it may require for the performance of its\nduties, fix and determine their qualifications, duties, compensations\nand terms of office or tenure, subject to the provisions of the civil\nservice law of the state and such rules as the civil service commission\nmay adopt and make applicable to the authority. The authority may also\nfrom time to time contract for expert professional services. The duties\nof the officers shall be as follows:\n  (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n  (i) preside at all meetings of the board of directors and of the\nofficers;\n  (ii) manage the water facility, the transmission facility and the\ndistribution system and to effectuate the decisions of the board of\ndirectors;\n  (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n  (iv) report annually to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\ndistrict; such report shall include but not be limited to the following\ninformation:\n  (1) a brief financial account on operations of the water system\nincluding, but not limited to, water rates, total revenues, operating\nand maintenance expense, and interest on bonds and notes;\n  (2) the population served by the authority;\n  (3) the number of wells, towers and other storage facilities operated\nby the authority;\n  (4) the total pumpage of groundwater including the amount received\nthrough interdistrict interconnections and the estimated amount lost\nfrom the system;\n  (5) the single highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which exceeds the applicable county water\nquality standard or guideline, that standard or guideline, the site of\neach well at which each reported constituent was found, and the date on\nwhich each reported constituent was analyzed;\n  (6) the highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which does not exceed the applicable county\nwater standard or guideline, but which contains a level equal to or\ngreater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, the site of each well\nat which each reported constituent was found and the date on which each\nreported constituent was analyzed;\n  (7) once every five years, the highest level of any constituent\ndiscovered within the distribution system which contains a level equal\nto or greater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, and the resulting\naction taken by the authority;\n  (8) any well restricted, removed from service or otherwise limited in\nits use and the cause for such action;\n  (9) any actions taken to secure new supplies or replace lost capacity;\n  (10) the types of treatment which the water receives before entering\nthe distribution system;\n  (11) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n  (12) the present condition of the distribution system and any\nsignificant actions, as determined by the authority, to improve or\nmaintain the system;\n  (13) any special public services the authority provides during the\nyear; and\n  (14) information on water conservation measures customers can\nimplement, such as, but not limited to, retrofitting plumbing fixtures,\naltering irrigation timing, using irrigation sensors, leak detection,\nproper use of water-consuming appliances, daily conscientious use of\nwater and estimated savings of water, energy, and money, from use of\nthese measures;\n  (v) execute all contracts in the name of the authority;\n  (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n  (vii) provide for the enforcement of all of the rules and regulations\nof the authority and cause all violations thereof to be prosecuted;\n  (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n  (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of a resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n  (x) appoint, subject to the approval of the board of directors,\nnon-elected officers, counsel, accountants, and other financial\nadvisors, engineers and other technical advisors;\n  (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n  (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n  (b) Vice chairperson. The vice chairperson shall perform all duties\ndelegated to him or her by the chairperson and, in the absence or during\nthe disability of the chairperson, the vice chairperson shall act as\nchairperson.\n  (c) Deputy chairperson. The deputy chairperson shall perform all\nduties delegated to him or her by the chairperson or the vice\nchairperson.\n  (d) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n  (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n  (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n  (e) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n  (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n  (iii) The treasurer shall deposit, within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n  (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device commonly known as a\nchecksigner, when authorized by the board of directors.\n  (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n  (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n  (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall, within ten days, cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the annual financial statement has been filed and is\navailable for inspection or a summary of such statement in a form\napproved by the comptroller, with an endorsement thereon that details\nthereof are on file in the office of the authority. The members shall\ncause to be audited by a certified public accountant engaged for that\npurpose, such report and supporting records.\n  6. The term of the chairperson, vice chairperson and deputy\nchairperson first appointed shall be staggered, the chairperson first\nappointed shall serve for a period of four years, the vice chairperson\nfirst appointed shall serve for a period of three years and the deputy\nchairperson first appointed shall serve for a period of two years;\nthereafter their successors shall serve for terms of four years. The\nremaining officers shall each serve terms of one year. The board of\ndirectors shall have the right, at any time, to extend any such term,\nfor a period of months, to provide that such term terminates\ncontemporaneously with the end of the fiscal year of the authority.\n  7. The officers of the authority shall receive such compensation for\ntheir services as shall be fixed by the board of directors and shall be\nreimbursed for all necessary and actual expenses incurred in connection\nwith their duties as such officers and in connection with the carrying\nout of the purposes of this title.\n  8. The authority and its corporate existence shall continue until\nterminated by law; provided, however, that no such law shall take effect\nso long as the agency shall have bonds or other obligations outstanding\nunless adequate 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 in the municipalities within the district. Such property shall be\napportioned and distributed among the municipalities within the district\nin direct proportion to their weighted voting on the date of the\ntermination of the authority.\n  9. In addition to any powers granted to it by law, the governing body\nof each of the municipalities within the district, from time to time,\nmay appropriate sums of money to defray project costs or any other costs\nand expenses of the authority. Subject to the rights of bondholders,\neach governing body may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the municipalities, and in such\nevent, the manner and time or times for such repayment.\n  10. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  11. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the municipalities within the district and\nstate, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n
N.Y. EDN Law § 6841 — New York Code / Act EDN / Title 8 / Article 137-A / Section 6841
Definition of the practice of registered pharmacy technician
Status: in_force

§ 6841. Definition of the practice of registered pharmacy technician.\n1. A registered pharmacy technician may, under the direct personal\nsupervision of a licensed pharmacist, assist such licensed pharmacist,\nas directed, in compounding, preparing, labeling, or dispensing of drugs\nused to fill valid prescriptions or medication orders or in compounding,\npreparing, and labeling in anticipation of a valid prescription or\nmedication order for a patient to be served by the pharmacy, in\naccordance with article one hundred thirty-seven of this title where\nsuch tasks require no professional judgment. Such professional judgment\nshall only be exercised by a licensed pharmacist. A registered pharmacy\ntechnician may only practice under the direct personal supervision of a\nlicensed pharmacist employed in such a pharmacy. Such pharmacy shall be\nresponsible for ensuring that the registered pharmacy technician has\nreceived appropriate training to ensure competence before beginning to\nassist a licensed pharmacist in compounding, preparing, labeling, or\ndispensing of drugs, in accordance with this article and article one\nhundred thirty-seven of this title. For the purposes of this article,\ndirect personal supervision means supervision of procedures based on\ninstructions given directly by a supervising licensed pharmacist who\nremains in the immediate area where the procedures are being performed,\nauthorizes the procedures and evaluates the procedures performed by the\nregistered pharmacy technicians and a supervising licensed pharmacist\nshall approve all work performed by the registered pharmacy technician\nprior to the actual dispensing of any drug.\n  2. In addition to the registered pharmacy technician services included\nin subdivision one of this section, registered pharmacy technicians may\nalso assist a licensed pharmacist in the dispensing of drugs by\nperforming the following functions that do not require a license under\nthis article:\n  a. receiving written or electronically transmitted prescriptions,\nexcept that in the case of electronically transmitted prescriptions the\nlicensed pharmacist or pharmacy intern shall review the prescription to\ndetermine whether in his or her professional judgment it shall be\naccepted by the pharmacy, and if accepted, the licensed pharmacist or\npharmacy intern shall enter his or her initials into the records of the\npharmacy;\n  b. typing prescription labels;\n  c. keying prescription data for entry into a computer-generated file\nor retrieving prescription data from the file, provided that such\ncomputer-generated file shall provide for verification of all\ninformation needed to fill the prescription by a licensed pharmacist\nprior to the dispensing of the prescription, meaning that the licensed\npharmacist shall review and approve such information and enter his or\nher initials or other personal identifier into the recordkeeping system\nprior to the dispensing of the prescription or of the prescription\nrefill;\n  d. getting drugs from stock and returning them to stock;\n  e. getting prescription files and other manual records from storage\nand locating prescriptions;\n  f. counting dosage units of drugs;\n  g. placing dosage units of drugs in appropriate containers;\n  h. affixing the prescription label to the containers;\n  i. preparing manual records of dispensing for the signature or\ninitials of the licensed pharmacist;\n  j. handing or delivering completed prescriptions to the patient or the\nperson authorized to act on behalf of the patient and, in accordance\nwith the relevant commissioner's regulations, advising the patient or\nperson authorized to act on behalf of the patient of the availability of\ncounseling to be conducted by the licensed pharmacist or pharmacy\nintern; or\n  k. performing other functions as defined by the commissioner's\nregulations.\n  3. Under the direct personal supervision of a licensed pharmacist,\nunlicensed persons who are not registered pharmacy technicians may\nassist licensed pharmacists in performing tasks that do not require\nlicensure in accordance with regulations promulgated by the commissioner\nand are also described in subdivision two of this section. Unlicensed\npersons who are not registered pharmacy technicians shall not engage in\nor assist in compounding.\n  4. No licensed pharmacist shall obtain the assistance of more than two\nregistered pharmacy technicians in the performance of licensed tasks\nwithin their scope of practice or four unlicensed persons, in the\nperformance of the activities that do not require licensure, the total\nof such persons shall not exceed four individuals at any one time.\nPharmacy interns shall be exempt from such ratios, but shall be\nsupervised in accordance with commissioner's regulations. Individuals\nwho are responsible for the act of placing drugs which are in unit-dose\npackaging into medication carts as part of an approved unit-dose drug\ndistribution system for patients in institutional settings shall be\nexempt from such ratio, provided that such individuals are not also\nengaged in performing the activities set forth in subdivision one or\nparagraph b, c, d, e, f, g, h, or i of subdivision two of this section.\nThe licensed pharmacist shall provide the degree of supervision of such\npersons as may be appropriate to ensure compliance with the relevant\nprovisions of regulations of the commissioner.\n
N.Y. VAT Law § 1652 — New York Code / Act VAT / Title 8 / Article 40 / Section 1652
Special speed limits on bridges and other elevated structures
Status: in_force

§ 1652. Special speed limits on bridges and other elevated structures.\nThe county superintendent of highways of a county may determine the\nmaximum speed which may be maintained without structural damage to\nbridges and elevated structures that are a part of any county road in\nsuch county and, if such maximum speed is lower than the maximum speed\nlimit otherwise applicable, may by order, rule or regulation establish\nsuch lower maximum speed limit at which vehicles may proceed on such\nbridge or structure.\n
N.Y. EDN Law § 7124 — New York Code / Act EDN / Title 8 / Article 144 / Section 7124
Requirements for a professional license
Status: in_force

§ 7124. Requirements for a professional license.  a. To qualify for a\nlicense as an ophthalmic dispenser, an applicant shall fulfill the\nfollowing requirements;\n  (1) Application: file an application with the department;\n  (2) Education: have received an education, including high school\ngraduation and completion, in accordance with the commissioner's\nregulations, of either (i) a two-year program in ophthalmic dispensing,\nor, (ii) two years of training and experience in ophthalmic dispensing\nunder the supervision of a licensed ophthalmic dispenser, optometrist or\nphysician;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (5) Age: be at least eighteen years of age;\n  (6) Citizenship: meet no requirement as to United States citizenship;\n  (7) Character: be of good moral character as determined by the\ndepartment; and\n  (8) Fees: pay a fee of one hundred fifteen dollars to the department\nfor admission to a department conducted examination and for an initial\nlicense, a fee of forty-five dollars for each reexamination, a fee of\nfifty dollars for an initial license for persons not requiring admission\nto a department conducted examination, and a fee of fifty dollars for\neach triennial registration period.\n  b. A person licensed after July first, nineteen hundred seventy-three\nshall be permitted to fit contact lenses only if the licensee, in\naddition to the requirements of subdivision a of this section, shall (1)\npass a separate examination satisfactory to the board and in accordance\nwith the commissioner's regulations; and (2) have the requisite\nexperience in the fitting of contact lenses satisfactory to the board\nand in accordance with the commissioner's regulations.\n
N.Y. PBA Law § 1199-D — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-D
Powers of the authority
Status: in_force

§ 1199-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title; provided however, that the\nauthority may not condemn real property of a municipality of the state\nunless such municipality shall consent thereto;\n  6. To purchase, in the name of the authority, any water facility or\nsewerage facility, and any improvements, extensions and betterments,\nsituated wholly within the district, provided, however, that the\nauthority shall have the power to purchase any source of supply, supply\nfacility or transmission facility or any part thereof situated wholly or\npartly without the territorial limits of the district, provided the same\nshall be necessary in order to supply water within the district; and in\nconnection with the purchase of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities or sewerage facilities;\n  8. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To enter into contracts with municipalities for the collection,\ntreatment and disposal of sewage;\n  11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  12. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  13. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  14. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  15. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  16. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district and to\ncollect, treat and discharge sewage produced for such purposes by such\ngenerators;\n  17. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater system;\n  18. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipal corporation, town water district,\nperson, association or corporation; provided, however, that water and\nsewerage services may be sold at retail to individual consumers only\nwithin the district and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water or sewerage\nservices in any area which is served by a water system or sewerage\nsystem owned or operated by a municipality or special improvement\ndistrict unless the governing body of such municipality or district\nshall adopt a resolution requesting the authority to sell water or\nsewerage services, as the case may be, in such served areas;\n  19. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nor collection of sewage and the collection of rents and charges\ntherefor.  A copy of such rules and by-laws, and all amendments thereto,\nduly certified by the secretary of the authority shall be filed in the\noffice of the county clerk of the county. In addition, the county\nlegislature by local law shall have power to prescribe that violation of\nspecific by-laws of the authority, published once in a newspaper having\na general circulation in the county, shall be punishable by fine, not\nexceeding fifty dollars, or by imprisonment for not longer than thirty\ndays, or both;\n  20. 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 other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper reserves for maintenance, contingencies and all\nother obligations and indebtedness of the authority;\n  21. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district, for the interconnection of\nfacilities, the exchange or interchange of services and commodities, and\nwithin the territorial limits of the district to enter into a contract\nfor the construction and operation and maintenance of a water or\nsewerage system by the authority for any municipality having power to\nconstruct and develop a water or sewerage system, upon such terms and\nconditions as shall be determined to be reasonable including but not\nlimited to the reimbursement of all costs of such construction, or for\nany other lawful purposes necessary or desirable to effect the purposes\nof this title;\n  22. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for non-payment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water or sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a waterworks\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law;\n  23. To act as a county water agency in accordance with the provisions\nof article five-A of the county law; and\n  24. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. EDN Law § 7503 — New York Code / Act EDN / Title 8 / Article 151 / Section 7503
State board for certified shorthand reporting
Status: in_force

§ 7503. State board for certified shorthand reporting.  A state board\nfor certified shorthand reporting shall be appointed by the board of\nregents on recommendation of the commissioner for the purpose of\nassisting the board of regents and the department on matters of\nprofessional licensing and professional conduct in accordance with\nsection sixty-five hundred eight of this title.  The board shall be\ncomposed of not less than five shorthand reporters licensed in this\nstate.  An executive secretary to the board shall be appointed by the\nboard of regents on recommendation of the commissioner.\n
N.Y. PBA Law § 709 — New York Code / Act PBA / Article 3 / Title 8 / Section 709
Bonds legal investments for public officers and certain others
Status: in_force

§ 709. Bonds legal investments for public officers and certain others.\nThe bonds are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, all administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them.\n
N.Y. PBA Law § 1199-Q — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-Q
Interest in contracts prohibited
Status: in_force

§ 1199-q. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way or manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 1199-AAA — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-AAA
Short title
Status: in_force

§ 1199-aaa. Short title. This title shall be known and may be cited as\nthe "Saratoga county water authority act".\n
N.Y. PBA Law § 1199-HH*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-HH*2
Transfer of officers and employees
Status: in_force

* § 1199-hh. Transfer of officers and employees. Any public officer or\nemployee under civil service who is selected by the authority may, with\nthe consent of the commission, board, or chief executive officer of the\nmunicipality by which he or she has been employed, be transferred to the\nauthority and shall be eligible for such transfer and appointment\nwithout examination to comparable offices, positions and employment\nunder the authority. The salary or compensation of any such officer or\nemployee, after such transfer, shall be paid by the authority. Any such\nofficers or employees so transferred to the authority pursuant to this\nsection, who are members of or benefit under any existing pension or\nretirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are not prescribed by law, but during the period of their employment\nby the authority, all contributions to such funds or systems to be paid\nby the employer on account of such officers or employees shall be paid\nby the authority. All such officers or employees so transferred to the\nauthority who have been appointed to positions under the rules and\nclassifications of the civil service commission shall have the same\nstatus with respect thereto after transfer to the authority as they had\nunder their original appointment.\n  * NB There are 2 § 1199-hh's\n
N.Y. EDN Law § 8355 — New York Code / Act EDN / Title 8 / Article 162 / Section 8355
Requirements and procedure for professional licensure
Status: in_force

§ 8355. Requirements and procedure for professional licensure. To\nqualify for a license as an athletic trainer under this article, an\napplicant shall fulfill the following requirements:\n  1. Application: file an application with the department;\n  2. Education: have received an education including a bachelor's, its\nequivalent or higher degree in accordance with the commissioner's\nregulations;\n  3. Experience: have experience in accordance with the commissioner's\nregulations;\n  4. Examination: pass an examination in accordance with the\ncommissioner's regulations;\n  5. Age: be at least twenty-one years of age;\n  6. Fees: pay a fee for an initial license of one hundred fifty-eight\ndollars to the department; and a fee of fifty-eight dollars for each\ntriennial registration period; and\n  7. Character: be of good moral character as determined by the\ndepartment.\n
N.Y. PBA Law § 1197-T — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-T
Acquisition by eminent domain
Status: in_force

§ 1197-t. Acquisition by eminent domain. Notwithstanding any provision\nof the eminent domain procedure law to the contrary, in any proceeding\nbrought by the authority pursuant to said law, title shall vest in the\nauthority and compensation shall be paid only (a) upon a decision by the\nsupreme court that compensation for the property so condemned shall be\ndetermined solely by the income capitalization method of valuation,\nbased on the actual net income as allowed by the public service\ncommission, and (b) upon such court's determination of the amount of\nsuch compensation, based upon the income capitalization method, entry of\nthe final judgment, the filing of the final decree, and the conclusion\nof any appeal or expiration of the time to file an appeal related to the\ncondemnation proceeding. Should any court determine that a method of\ncompensation other than the income capitalization method be utilized, or\nif the proposed award is more than the rate base of the assets taken in\ncondemnation as utilized by the public service commission in setting\nrates and as certified by the public service commission, the authority\nmay withdraw the condemnation proceeding without prejudice or costs to\nany party.\n
N.Y. PBA Law § 1198-I — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-I
Remedies of bondholders
Status: in_force

§ 1198-i. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the applicable county and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or her own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incidental to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n
N.Y. EDN Law § 8216 — New York Code / Act EDN / Title 8 / Article 160 / Section 8216
Exemptions; waiver
Status: in_force

§ 8216. Exemptions; waiver. (1) A person who is validly registered as\na "specialist's assistant-acupuncture" in accordance with section\nsixty-five hundred forty-one of this chapter and the commissioner's\nregulations shall not be subject to the provisions of this article;\n  (2) Any person who is validly licensed under the provisions of the\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\nseventy-four is deemed to be licensed pursuant to this article;\n  (3) Any person who is validly certified under the provisions of the\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\nseventy-four shall continue to be certified to practice acupuncture and\nmay continue to use the title certified acupuncturist. The department\nmay establish rules and regulations providing for the certification of\nphysicians and dentists as acupuncturists, provided that such certified\nacupuncturists do not represent themselves as licensed acupuncturists.\nCertified acupuncturists seeking to become licensed acupuncturists shall\nbe subject to all provisions of this article;\n  (4) A person who does not otherwise possess the credentials or\nqualifications required for the practice of acupuncture prescribed by\nthis article or the regulations promulgated hereunder or any other law\nbut who is authorized by the division of alcoholism and alcohol abuse,\nthe division of substance abuse services, or the department of health to\nprovide treatment for alcoholism, substance dependence, or chemical\ndependency in a hospital or clinical program which has been approved for\nsuch treatment by the division of alcoholism and alcohol abuse, the\ndivision of substance abuse services, or the department of health and\nwho has been trained to practice acupuncture for the treatment of\nalcoholism, substance dependence, or chemical dependency through an\neducational program acceptable to the education department may\nnevertheless practice acupuncture provided such practice is limited to\nthe treatment of alcoholism, substance dependence, or chemical\ndependency in such clinical or hospital programs, or in a program that\nif statutorily exempt from such approval meets standards approved by the\ndivision of alcoholism and alcohol abuse, the division of substance\nabuse services, or the department of health, and further provided that\nsuch practice is done in accordance with regulations promulgated by the\ndivision of alcoholism and alcohol abuse, the division of substance\nabuse services, or the department of health. Such person shall work only\nunder the general supervision of a physician or dentist certified to\npractice acupuncture or an individual licensed to practice acupuncture\nin the state of New York pursuant to this article. Notwithstanding any\nother law, rule or regulation to the contrary, persons authorized on or\nbefore the effective date of this article to practice acupuncture for\nthe treatment of alcoholism, substance dependence, or chemical\ndependency within a hospital or clinical program which has been approved\nfor such treatment by the division of alcoholism and alcohol abuse, the\ndivision of substance abuse services, or the department of health may\nnevertheless continue to practice acupuncture under the provisions of\nthis subdivision;\n  (5) Any person who is pursuing qualification for licensure through a\ncourse of formal study pursuant to this article may practice acupuncture\nwithout a license, provided such practice is limited to such study;\n  (6) Any person who has completed a formal course of study or a\ntutorial apprenticeship acceptable to the department and in accordance\nwith the commissioner's regulations, prior to the effective date of this\narticle, and presents satisfactory proof of such completion, shall be\nexempt from the education requirements set forth in subdivision two of\nsection eighty-two hundred fourteen of this article provided an\napplication pursuant to subdivision one of section eighty-two hundred\nfourteen of this article is filed with the department not later than one\nyear from the effective date of this article, and in no event shall\nparticipation in such tutorial apprenticeship or formal course of study\nconstitute a violation of this chapter.\n  (7) Any person who is pursuing qualification for certification through\na formal course of study in a registered program and any person\nappointed to the faculty of such program may practice acupuncture\nwithout a license, provided that such practice is limited to such\nresearch, study and training.\n  (8) Any person who is licensed and in good standing to practice\nacupuncture in another state or country may practice acupuncture in this\nstate without a license solely for the purpose of conducting clinical\ntraining, practice demonstrations or clinical research that is within\nthe practice of acupuncture in connection with a program of basic\nclinical education, graduate education, or post-graduate education in an\napproved school of acupuncture or in its affiliated clinical facility or\nhealth care agency, or before a group of licensed acupuncturists who are\nmembers of a professional society. Any person practicing acupuncture in\nNew York state pursuant to this subdivision shall be subject to the\npersonal and subject matter jurisdiction and disciplinary and regulatory\nauthority of the board of regents as if he or she is a licensee and as\nif the exemption pursuant to this subdivision is a license. Such\nindividual shall comply with the provisions of this article, the rules\nof the board of regents, and the regulations of the commissioner,\nrelating to professional misconduct, disciplinary proceedings and\npenalties for professional misconduct.\n
N.Y. EDN Law § 6527 — New York Code / Act EDN / Title 8 / Article 131 / Section 6527
Special provisions
Status: in_force

§ 6527. Special provisions. 1. A not-for-profit medical or dental\nexpense indemnity corporation or a hospital service corporation\norganized under the insurance law may employ licensed physicians and\nenter into contracts with partnerships or medical corporations organized\nunder article forty-four of the public health law, health maintenance\norganizations possessing a certificate of authority pursuant to article\nforty-four of the public health law, professional corporations organized\nunder article fifteen of the business corporation law or other groups of\nphysicians to practice medicine on its behalf for persons insured under\nits contracts or policies.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, any licensed physician who voluntarily and without the\nexpectation of monetary compensation renders first aid or emergency\ntreatment at the scene of an accident or other emergency, outside a\nhospital, doctor's office or any other place having proper and necessary\nmedical equipment, to a person who is unconscious, ill or injured, shall\nnot be liable for damages for injuries alleged to have been sustained by\nsuch person or for damages for the death of such person alleged to have\noccurred by reason of an act or omission in the rendering of such first\naid or emergency treatment unless it is established that such injuries\nwere or such death was caused by gross negligence on the part of such\nphysician. Nothing in this subdivision shall be deemed or construed to\nrelieve a licensed physician from liability for damages for injuries or\ndeath caused by an act or omission on the part of a physician while\nrendering professional services in the normal and ordinary course of his\npractice.\n  3. No individual who serves as a member of (a) a committee established\nto administer a utilization review plan of a hospital, including a\nhospital as defined in article twenty-eight of the public health law or\na hospital as defined in subdivision ten of section 1.03 of the mental\nhygiene law, or (b) a committee having the responsibility of the\ninvestigation of an incident reported pursuant to section 29.29 of the\nmental hygiene law or the evaluation and improvement of the quality of\ncare rendered in a hospital as defined in article twenty-eight of the\npublic health law or a hospital as defined in subdivision ten of section\n1.03 of the mental hygiene law, or (c) any medical review committee or\nsubcommittee thereof of a local, county or state medical, dental,\npodiatry or optometrical society, any such society itself, a\nprofessional standards review organization or an individual when such\ncommittee, subcommittee, society, organization or individual is\nperforming any medical or quality assurance review function including\nthe investigation of an incident reported pursuant to section 29.29 of\nthe mental hygiene law, either described in clauses (a) and (b) of this\nsubdivision, required by law, or involving any controversy or dispute\nbetween (i) a physician, dentist, podiatrist or optometrist or hospital\nadministrator and a patient concerning the diagnosis, treatment or care\nof such patient or the fees or charges therefor or (ii) a physician,\ndentist, podiatrist or optometrist or hospital administrator and a\nprovider of medical, dental, podiatric or optometrical services\nconcerning any medical or health charges or fees of such physician,\ndentist, podiatrist or optometrist, or (d) a committee appointed\npursuant to section twenty-eight hundred five-j of the public health law\nto participate in the medical and dental malpractice prevention program,\nor (e) any individual who participated in the preparation of incident\nreports required by the department of health pursuant to section\ntwenty-eight hundred five-l of the public health law, or (f) a committee\nestablished to administer a utilization review plan, or a committee\nhaving the responsibility of evaluation and improvement of the quality\nof care rendered, in a health maintenance organization organized under\narticle forty-four of the public health law or article forty-three of\nthe insurance law, including a committee of an individual practice\nassociation or medical group acting pursuant to a contract with such a\nhealth maintenance organization, shall be liable in damages to any\nperson for any action taken or recommendations made, by him within the\nscope of his function in such capacity provided that (a) such individual\nhas taken action or made recommendations within the scope of his\nfunction and without malice, and (b) in the reasonable belief after\nreasonable investigation that the act or recommendation was warranted,\nbased upon the facts disclosed.\n  Neither the proceedings nor the records relating to performance of a\nmedical or a quality assurance review function or participation in a\nmedical and dental malpractice prevention program nor any report\nrequired by the department of health pursuant to section twenty-eight\nhundred five-l of the public health law described herein, including the\ninvestigation of an incident reported pursuant to section 29.29 of the\nmental hygiene law, shall be subject to disclosure under article\nthirty-one of the civil practice law and rules except as hereinafter\nprovided or as provided by any other provision of law. No person in\nattendance at a meeting when a medical or a quality assurance review or\na medical and dental malpractice prevention program or an incident\nreporting function described herein was performed, including the\ninvestigation of an incident reported pursuant to section 29.29 of the\nmental hygiene law, shall be required to testify as to what transpired\nthereat. The prohibition relating to discovery of testimony shall not\napply to the statements made by any person in attendance at such a\nmeeting who is a party to an action or proceeding the subject matter of\nwhich was reviewed at such meeting.\n  4. This article shall not be construed to affect or prevent the\nfollowing:\n  a. The furnishing of medical assistance in an emergency;\n  b. The practice of the religious tenets of any church;\n  c. A physician from refusing to perform an act constituting the\npractice of medicine to which he is conscientiously opposed by reason of\nreligious training and belief.\n  d. The organization of a medical corporation under article forty-four\nof the public health law, the organization of a university faculty\npractice corporation under section fourteen hundred twelve of the\nnot-for-profit corporation law or the organization of a professional\nservice corporation under article fifteen of the business corporation\nlaw.\n  e. The physician's use of whatever medical care, conventional or\nnon-conventional, which effectively treats human disease, pain, injury,\ndeformity or physical condition.\n  5. There shall be no monetary liability on the part of, and no cause\nof action for damages shall arise against, any person, partnership,\ncorporation, firm, society, or other entity on account of the\ncommunication of information in the possession of such person or entity,\nor on account of any recommendation or evaluation, regarding the\nqualifications, fitness, or professional conduct or practices of a\nphysician, to any governmental agency, medical or specialists society, a\nhospital as defined in article twenty-eight of the public health law, a\nhospital as defined in subdivision ten of section 1.03 of the mental\nhygiene law, or a health maintenance organization organized under\narticle forty-four of the public health law or article forty-three of\nthe insurance law, including a committee of an individual practice\nassociation or medical group acting pursuant to a contract with a health\nmaintenance organization. The foregoing shall not apply to information\nwhich is untrue and communicated with malicious intent.\n  6. A licensed physician may prescribe and order a non-patient specific\nregimen to a registered professional nurse, pursuant to regulations\npromulgated by the commissioner, and consistent with the public health\nlaw, for:\n  (a) administering immunizations.\n  (b) the emergency treatment of anaphylaxis.\n  (c) administering purified protein derivative (PPD) tests or other\ntests to detect or screen for tuberculosis infections.\n  (d) administering tests to determine the presence of the human\nimmunodeficiency virus.\n  (e) administering tests to determine the presence of the hepatitis C\nvirus.\n  (f) the urgent or emergency treatment of opioid related overdose or\nsuspected opioid related overdose.\n  (g) screening of persons at increased risk of syphilis, gonorrhea and\nchlamydia.\n  * (h) administering tests to determine the presence of COVID-19 or its\nantibodies or influenza virus.\n  * NB Repealed July 1, 2030\n  (i) administering electrocardiogram tests to detect signs and symptoms\nof acute coronary syndrome.\n  (j) administering point-of-care blood glucose tests to evaluate acute\nmental status changes in persons with suspected hypoglycemia.\n  (k) administering tests and intravenous lines to persons that meet\nsevere sepsis and septic shock criteria.\n  (l) administering tests to determine pregnancy.\n  7. A licensed physician may prescribe and order a patient specific\norder or non-patient specific regimen to a licensed pharmacist, pursuant\nto regulations promulgated by the commissioner, and consistent with the\npublic health law, for: (a) administering immunizations to prevent\ninfluenza and COVID-19 to patients two years of age or older; and (b)\nadministering immunizations to prevent pneumococcal, acute herpes\nzoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,\nrubella, varicella, meningococcal, tetanus, diphtheria or pertussis\ndisease and medications required for emergency treatment of anaphylaxis\nto patients eighteen years of age or older; and (c) administering other\nimmunizations for patients eighteen years of age or older if the\ncommissioner of health in consultation with the commissioner determines\nthat an immunization: (i) (A) may be safely administered by a licensed\npharmacist within their lawful scope of practice; and (B) is needed to\nprevent the transmission of a reportable communicable disease that is\nprevalent in New York state; or (ii) is a recommended immunization for\nsuch patients who: (A) meet age requirements, (B) lack documentation of\nsuch immunization, (C) lack evidence of past infection, or (D) have an\nadditional risk factor or another indication. Nothing in this\nsubdivision shall authorize unlicensed persons to administer\nimmunizations, vaccines or other drugs.\n  7-a. A licensed physician may prescribe and order a patient specific\norder or non-patient specific order to a licensed pharmacist, pursuant\nto regulations promulgated by the commissioner in consultation with the\ncommissioner of health, and consistent with the public health law, for\ndispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis for the purpose of preventing human immunodeficiency virus\ninfection following a potential human immunodeficiency virus exposure.\n  8. Nothing in this article shall prohibit the provision of\npsychotherapy as defined in subdivision two of section eighty-four\nhundred one of this title to the extent permissible within the scope of\npractice of medicine, by any not-for-profit corporation or education\ncorporation providing services within the state of New York and\noperating under a waiver pursuant to section sixty-five hundred three-a\nof this title, provided that such entities offering such psychotherapy\nservices shall only provide such services through an individual\nappropriately licensed or otherwise authorized to provide such services\nor a professional entity authorized by law to provide such services.\n  9. (a) Nothing in this article shall be construed to affect or prevent\na person in training or trained and deemed qualified by a supervising\nlicensed physician, to assist the licensed physician in the care of a\npatient for the purpose of instilling mydriatic or cycloplegic eye drops\nand anesthetic eye drops in conjunction with such dilating drops to the\nsurface of the eye of a patient, provided that the person instilling\nsuch eye drops is:\n  (i) under the on-site supervision of a supervising licensed physician;\n  (ii) at least eighteen years of age; and\n  (iii) complies with standards issued by the department.\n  (b) The supervising licensed physician shall submit a form prescribed\nby the department detailing the identity of each person instilling\nmydriatic or cycloplegic eye drops and anesthetic eye drops in\nconjunction with such dilating drops to the surface of the eye of a\npatient, under his or her supervision, attesting to compliance with the\nabove requirements.\n  (c) The supervising licensed physician's use of any such person\npursuant to the terms of this subdivision shall be undertaken with\nprofessional judgment in order to ensure the safety and well-being of\nthe patient.  Such use shall subject the licensed physician to the full\ndisciplinary and regulatory authority of the office of professional\nmedical conduct and the board of regents. The licensed physician must\nnotify the patient or the patient's designated health care surrogate\nthat the licensed physician may utilize the services of an individual to\nadminister certain eye drops and must provide the patient or the\npatient's designated health care surrogate the opportunity to refuse the\nlicensed physician's plan to utilize such person.\n  10. A licensed physician may prescribe and order a\nnon-patient-specific regimen to a licensed pharmacist, for insulin and\nrelated supplies pursuant to section sixty-eight hundred one of this\ntitle.\n  11. A licensed physician may prescribe and order a non-patient\nspecific order to a pharmacist licensed and located in the state,\npursuant to regulations promulgated by the commissioner, and consistent\nwith section sixty-eight hundred one of this title, for dispensing\nself-administered hormonal contraceptives as defined in section\nsixty-eight hundred two of this title.\n
N.Y. EDN Law § 8211 — New York Code / Act EDN / Title 8 / Article 160 / Section 8211
Definitions
Status: in_force

§ 8211. Definitions. As used in this article the following terms shall\nhave the following meanings:\n  (1) (a) "Profession of acupuncture" is the treating, by means of\nmechanical, thermal or electrical stimulation effected by the insertion\nof needles or by the application of heat, pressure or electrical\nstimulation at a point or combination of points on the surface of the\nbody predetermined on the basis of the theory of the physiological\ninterrelationship of body organs with an associated point or combination\nof points for diseases, disorders and dysfunctions of the body for the\npurpose of achieving a therapeutic or prophylactic effect. The\nprofession of acupuncture includes recommendation of dietary supplements\nand natural products including, but not limited to, the recommendation\nof diet, herbs and other natural products, and their preparation in\naccordance with traditional and modern practices of East Asian (Chinese,\nKorean or Japanese) medical theory.\n  (b) Each acupuncturist licensed pursuant to this article, shall advise\neach patient as to the importance of consulting with a licensed\nphysician regarding the patient's condition and shall keep on file with\nthe patient's records, a form attesting to the patient's notice of such\nadvice. Such form shall be in duplicate, one copy to be retained by the\npatient, signed and dated by both the acupuncturist and the patient and\nshall be prescribed in the following manner:\n  WE, THE UNDERSIGNED, DO AFFIRM THAT               (THE PATIENT) HAS\nBEEN ADVISED BY                , (A LICENSED ACUPUNCTURIST), TO CONSULT\nA PHYSICIAN REGARDING THE CONDITION OR CONDITIONS FOR WHICH SUCH PATIENT\nSEEKS ACUPUNCTURE TREATMENT.\n___________________________          ________________________\n        (Signature)                            Date\n___________________________          ________________________\n        (Signature)                            Date\n  (c) Nothing herein shall be construed to prohibit an individual who is\nnot subject to regulation in this state as a licensed acupuncturist from\nengaging in the recommendation of traditional remedies and supplements\nas defined herein, nor shall this section be construed to authorize an\nindividual to practice pharmacy under article one hundred thirty-seven\nof this title.\n  (2) "Board" is the state board for acupuncture as created by section\neighty-two hundred thirteen of this article.\n
N.Y. VAT Law § 1610 — New York Code / Act VAT / Title 8 / Article 36 / Section 1610
General powers and duties
Status: in_force

§ 1610. General powers and duties.  The department of transportation\nshall cooperate with the officials of cities and villages toward the\nadoption of uniform ordinances, signs, signals, signal lights and\nmarkings in the cities and villages of the state.\n
N.Y. EDN Law § 6739 — New York Code / Act EDN / Title 8 / Article 136 / Section 6739
Duties of licensed physical therapist assistants and the use of title "physical therapist assistant"
Status: in_force

§ 6739. Duties of licensed physical therapist assistants and the use\nof title "physical therapist assistant". Only a person licensed or\notherwise authorized under this article shall participate in the\npractice of physical therapy as a licensed physical therapist assistant\nand only a person licensed under this section shall use the title\n"physical therapist assistant".\n
N.Y. PBA Law § 1808 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1808
Bonds and notes of the authority legal investments for fiduciaries
Status: in_force

§ 1808. Bonds and notes of the authority legal investments for\nfiduciaries. The bonds and notes of the authority are hereby made\nsecurities in which all public officers and bodies of the state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks, savings associations,\nincluding savings and loan associations and building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, all administrators, guardians, executors, trustees and\nother fiduciaries, and all other persons whatsoever who are now or who\nmay hereafter be authorized to invest in bonds or other obligations of\nthe state, may properly and legally invest funds including capital in\ntheir control or belonging to them. Notwithstanding any other provision\nof law, the bonds and notes of the authority are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of the state is now or may hereafter be authorized.\n
N.Y. EDN Law § 8214 — New York Code / Act EDN / Title 8 / Article 160 / Section 8214
Requirements for a professional license
Status: in_force

§ 8214. Requirements for a professional license.  To qualify for a\nlicense as a licensed acupuncturist an applicant shall fulfill the\nfollowing requirements.\n  (1) Application: file an application with the department;\n  (2) Education: provide evidence of satisfactory completion of a course\nof formal study or its substantial equivalent in accordance with the\ncommissioner's regulations;\n  (3) Experience: have experience in accordance with the commissioner's\nregulations;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations. Such examination shall\nbe given at least once within twelve months of the effective date of\nthis article, and at least once annually thereafter, and shall consist\nof both written and practical parts. Either part may be given at the\ndiscretion of the department in English and/or Chinese or other\nlanguage. Nothing in this subdivision is to be construed to require the\ndepartment to issue an exam in a language other than English. The\npractical part of the exam must be directly administered by an\nacupuncturist acceptable to the department, who may also be a member of\nthe board. The cost of the initial examination or reexamination shall be\nborne by the applicant in accordance with a schedule established by the\ndepartment and approved by the director of the budget;\n  (5) Age: be at least twenty-one years of age;\n  (6) Character: be of good moral character as determined by the\ndepartment;\n  (7) Fees: pay a fee of five hundred dollars to the department for\ninitial licensure, and a fee of two hundred fifty dollars for each\ntriennial registration;\n  (8) Registration: if a license is granted, register triennially with\nthe department, including present home and business address and such\nother pertinent information as the department requires.\n
N.Y. EDN Law § 8807 — New York Code / Act EDN / Title 8 / Article 167 / Section 8807
Exemptions
Status: in_force

§ 8807. Exemptions. 1. Nothing contained in this article shall be\nconstrued to limit the scopes of practice of any other profession\nlicensed under this title.\n  2. Nothing in this article shall be construed as prohibiting a person\nfrom performing the duties of a licensed behavior analyst or a certified\nbehavior analyst assistant, in the course of such employment, if such\nperson is employed:\n  a. by a federal, state, county or municipal agency, or other political\nsubdivision;\n  b. by a chartered elementary or secondary school or degree-granting\ninstitution;\n  c. as a certified teacher or teaching assistant, other than a pupil\npersonnel services professional, in an approved program as defined in\nparagraph b of subdivision one of section forty-four hundred ten of this\nchapter; or\n  d. in a setting to the extent that the exemption in paragraph d of\nsubdivision six of section forty-four hundred ten of this chapter\napplies.\n  3. Nothing in this article shall be construed as prohibiting a\ncertified teacher or teaching assistant, other than a pupil personnel\nservices professional, from performing the duties of a licensed behavior\nanalyst or certified behavior analyst assistant, in the course of such\nemployment or contractual agreement, if such person is employed or\ncontracted with an agency approved by the department of health to\nprovide early intervention services or has an agreement with the\ndepartment of health to provide early intervention services pursuant to\ntitle two-A of article twenty-five of the public health law.\n  4. Nothing in this article shall be construed as prohibiting the\nactivities and services required of a student, intern, or resident in an\neducational program acceptable to the department pursuant to the\ncommissioner's regulations, pursuing a course of study leading to a\nbachelor's or higher degree in an educational program acceptable to the\ndepartment pursuant to the commissioner's regulations in an institution\napproved by the department, provided that such activities and services\nconstitute a part of his or her supervised course of study in an\neducational program acceptable to the department pursuant to the\ncommissioner's regulations. Such person shall be designated by title\nwhich clearly indicates his or her training status.\n  5. Nothing in this article shall be construed to affect or prevent a\nperson without a license or other authorization pursuant to this title\nfrom performing assessments, including collecting basic information,\ngathering demographic data, and making informal observations, for the\npurpose of determining need for services unrelated to an ABA plan.\nFurther, licensure or authorization pursuant to this article shall not\nbe required to create, develop or implement a service plan unrelated to\nan ABA plan. This article shall not apply to behavioral health\ntreatments other than ABA that may be provided to persons with autism\nspectrum disorder. A license under this article shall not be required\nfor persons to participate as a member of a multi-disciplinary team to\nimplement an ABA plan; provided, however, that such team shall include\none or more professionals licensed under this article or articles one\nhundred thirty-one, one hundred fifty-three, one hundred fifty-four or\none hundred sixty-three of this chapter; and provided further that the\nactivities performed by members of the team shall be consistent with the\nscope of practice for each team member licensed or authorized under this\ntitle, and those who are not so authorized may not engage in the\nfollowing restricted practices: creation, modification or termination of\nan ABA plan; diagnosis of mental, emotional, behavioral, addictive and\ndevelopmental disorders and disabilities; patient assessment and\nevaluating; provision of psychotherapeutic treatment; provision of\ntreatment other than psychotherapeutic treatment; and development and\nimplementation of assessment-based treatment plans, as defined in\nsection seventy-seven hundred one of this title. Provided further,\nhowever, that nothing in this subdivision shall be construed as\nrequiring a license or authorization for any particular activity or\nfunction based solely on the fact that the activity or function is not\nlisted in this subdivision. Provided further, however, that nothing in\nthis subdivision shall authorize the delegation of restricted activities\nto an individual who is not appropriately licensed or authorized under\nthis title.\n  6. Nothing in this article shall be construed as prohibiting an early\nintervention ABA aide, pursuant to regulations promulgated by the\ncommissioner of health, and acting under the supervision and direction\nof a qualified supervisor who is licensed or otherwise authorized\npursuant to title eight of this chapter from:\n  (a) assisting the supervisor and qualified personnel with the\nimplementation of individual ABA plans;\n  (b) assisting in the recording and collection of data needed to\nmonitor progress;\n  (c) participating in required team meetings; and\n  (d) completing any other activities as directed by his or her\nsupervisor and as necessary to assist in the implementation of\nindividual ABA plans.\n  Provided however, that nothing in this subdivision shall authorize the\ndelegation of restricted activities to an individual who is not\nappropriately licensed or otherwise authorized under this title;\nprovided further however, that in regard to the early intervention\nprogram established pursuant to title two-A of article twenty-five of\nthe public health law, an early intervention ABA aide under the\nsupervision and direction of a qualified supervisor may complete\nactivities necessary to assist in the implementation of an individual\nABA plan, provided that such activities do not require professional\nskill or judgment.\n  7. This article shall not be construed to prohibit care delivered by\nany family member, household member or friend, or person employed\nprimarily in a domestic capacity who does not hold himself or herself\nout, or accept employment, as a person licensed to practice applied\nbehavior analysis under the provisions of this article; provided that,\nif such person is remunerated, the person does not hold himself or\nherself out as one who accepts employment for performing such care.\n  8. Nothing in this article shall be construed as prohibiting programs\ncertified by the office of alcoholism and substance abuse services from\nproviding substance use disorder services for persons with autism and\nautism spectrum disorders and related disorders.\n  9. Nothing in this article shall be construed as prohibiting the\nactivities and services required of a graduate of an educational program\nacceptable to the department, seeking to complete supervised experience\nand/or examination requirements for certification or registration by a\nnational certifying body having certification or registration standards\nacceptable to the commissioner; provided, however, that the graduate\nshall be under the supervision of a licensed behavior analyst who is\nlicensed and registered in New York and employed by a setting authorized\nto provide applied behavior analysis services in New York, acceptable to\nthe department. The supervising licensed behavior analyst shall submit,\nupon commencing the supervision of any graduate or no later than ninety\ndays after the effective date of this subdivision, on a form prescribed\nby the department, a sworn statement attesting to compliance with the\nrequirements of this subdivision. Such use of a graduate shall subject\nthe supervising licensed behavior analyst to the full disciplinary and\nregulatory authority of the board of regents and the department pursuant\nto this title. The supervising licensed behavior analyst shall notify\nthe patient or the person legally responsible for the patient if the\npatient is a minor, or other individual incapable of consenting, when\nservices will be provided by a graduate under supervision. The\nsupervising licensed behavior analyst shall remain responsible for\nservices provided to the patient by the graduate and shall provide the\npatient or person legally responsible for the patient an opportunity to\nobject to the use of a graduate to provide applied behavior analysis\nservices under supervision.\n