N.Y. PBA Law § 1020-H — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-H
Acquisition of property, including the exercise of the power of eminent domain
Status: in_force

* § 1020-h. Acquisition of property, including the exercise of the\npower of eminent domain. 1. The legislature hereby expressly finds and\ndetermines:\n  (a) The acquisition by the authority, through purchase or the exercise\nof the power of eminent domain, of either the securities or assets of\nLILCO whichever is less expensive for the ratepayers, as the authority\nmay determine will be just to the ratepayers in the service area, is the\nmost appropriate means of dealing with the emergency involving the\neconomy, health and safety of the residents and the industry and\ncommerce in the service area, notwithstanding the fact that LILCO\npresently may be devoted to a public use, since the public use of such\nproperty by the authority is hereby deemed to be superior to the public\nuse of such property by any other person, association, or corporation.\n  (b) The authority, prior to exercising its power of eminent domain to\nacquire the stock or assets of LILCO, shall enter into negotiations with\nLILCO for the purpose of acquiring such stock or assets upon such terms\nas the authority, in its sole discretion, determines will result in\nrates equal to or less than the rates which would result if LILCO were\nto continue in operation.\n  (c) The situs of all stock issued by LILCO, a New York corporation, is\nthe state of New York.\n  (d) The compensation paid by the authority to LILCO shall be just to\nthe ratepayers in the service area who must pay such compensation.\n  (e) If the authority determines that it is the stock of LILCO that\nshould be taken, the proper measure of damages shall be the fair market\nvalue thereof as evidenced by the price of such stock on the exchange on\nwhich they are traded on the valuation date since there is an\nestablished market for such stock that is reflective of its value. In no\nevent, however, shall consequential or severance damages be awarded if\ncontrol of LILCO shall have been taken by the authority.\n  (f) If the authority determines that it is the assets of LILCO that\nshould be taken, fair market value would not constitute just\ncompensation to LILCO since there is an insufficient market in the usual\nsense for its assets to ascertain the value thereof from the market. In\ndetermining the compensation payable for such assets, there shall be\ntaken into consideration the capitalization of LILCO's expected future\nearnings.\n  (g) LILCO has no reasonable expectation of realizing actual earnings\nfrom the Shoreham plant or of giving effect to any earnings or returns\nwhich may have been reflected on the books of LILCO for accounting\npurposes. Moreover, it would not be reasonable, under current and\nreasonably foreseeable circumstances, to expect that the Shoreham plant\nwould be reproduced by a public or private utility in LILCO's present\nposition.\n  (h) LILCO would have to phase in over a long period of time any rate\nincreases based on the costs of the Shoreham plant.\n  (i) The public service commission has imposed a limitation on the\nearnings which LILCO may realize on its interest in the Nine Mile Point\nnuclear power facility.\n  (j) The public service commission has imposed on LILCO imprudence\npenalties with respect to the Shoreham plant.\n  (k) In determining just compensation, the following factors shall be\nevaluated in deciding whether OCLD or RCNLD or neither constitutes the\nproper basis:\n  (i) LILCO is a regulated utility. Under the laws of the state\nproviding for the regulation of utilities, LILCO's future earnings are\nrestricted to the permitted rate of return times LILCO's OCLD.\n  (ii) LILCO presently is being operated as an enterprise the economic\nviability of which is dependent upon extraordinary financial stability\nadjustments by the public service commission. Such extraordinary and\nunprecedented rate relief was granted by the public service commission\nin order to provide cash flow relief to prevent LILCO's bankruptcy with\nthe expectation that ratepayers would receive the full credit of such in\nlower rates, and that the public service commission required such\nextraordinary rate relief to be discontinued in the event that LILCO\nfiled a petition for relief in a voluntary case under the Bankruptcy Act\nor if a final order for relief was entered involuntarily under such act.\nLILCO's lack of profitability results not from any repressive or other\nimproper action taken by any governmental entity but from such factors\nas mismanagement, imprudent decisions regarding the Shoreham plant and\ngeneral inefficiency.\n  (iii) There is no reasonable probability that, after condemnation of\nits assets, LILCO will reproduce them.\n  (iv) Use of RCNLD may result in an unwarranted windfall to LILCO and\nan unjustifiable penalty to the ratepayers who would have to pay it,\nsince to the extent an award based on RCNLD would exceed an award based\non OCLD, it would reflect to a large extent the effects of inflation\nwhich would not increase the value of the property to LILCO or its rate\nbase for ratemaking purposes or to the authority for the purpose of\ncontinuing to generate and transmit electric power within the service\narea.\n  (l) Neither consequential nor severance damages are proper if the\nauthority condemns all the assets of LILCO.\n  (m) In determining whether LILCO has any going concern value, the\ncourt shall take into consideration the fact that LILCO's continued\noperations are dependent upon the extraordinary financial stability\nadjustments granted by the public service commission.\n  (n) Such an acquisition by the authority of the securities or assets\nof LILCO serves the public purposes of assuring the provision of an\nadequate supply of gas and electricity in a reliable, efficient and\neconomic manner and retaining existing commerce and industry in and\nattracting new commerce and industry to the service area, all of which\nare matters of state-wide concern.\n  2. In furtherance of the legislative findings and determinations set\nforth in subdivision one of this section, the authority is hereby\nauthorized and empowered to acquire, through purchase or the exercise of\nthe power of eminent domain, all or any part of the securities or assets\nof LILCO, as the authority in its sole discretion may determine;\nprovided, however, that prior to proceeding with any such acquisition\nunder this title, the board shall determine, in its sole discretion\nbased upon such engineering, financial and legal data, studies and\nopinions as it may deem appropriate, that the rates projected to be\ncharged after such acquisition and for such reasonable period of time as\nthe board may determine will not be higher than the rates projected to\nbe charged by LILCO during such period if such acquisition had not\noccurred.\n  3. The authority also is authorized and empowered, in its discretion,\nto make a tender offer or tender offers for all or any portion of the\nsecurities of LILCO at such price or prices as the authority may\ndetermine to be appropriate; provided, however that such tender offer or\ntender offers, in the sole judgment of the authority, will result in\nrates less than the rates which would result from continued operation by\nLILCO.\n  (a) The authority shall make such offer or offers or any adjustment\nthereof prior to acquiring any such securities or any assets of LILCO\nthrough the exercise of the power of eminent domain. The authority may\npay for such securities in cash or by exchanging therefor the\nauthority's bonds or a combination thereof.\n  (b) In the case of a tender offer in which a subsidiary of the\nauthority acquires at least sixty-six and two-thirds percent of LILCO's\ncommon stock, such subsidiary may merge with LILCO and either continue\nin existence or dissolve, as it may determine.\n  (c) The provisions of section five hundred thirteen and article\nsixteen of the business corporation law and any other provisions of law\nrelating to procedures in a corporate takeover, including without\nlimitation chapter nine hundred fifteen of the laws of nineteen hundred\neighty-five, shall not be applicable to the actions of the authority\npursuant to this title.\n  (d) In determining whether acceptance of such a tender offer by the\nauthority is in the best interests of LILCO, the directors of LILCO\nshall consider not only the dollar amount of such offer but the\ninterests of employees, suppliers, ratepayers, creditors (including\nholders of LILCO's debt securities), and the economy of the service area\nand the state.\n  4. The authority, should it determine, in its sole discretion, to\nacquire the stock or assets of LILCO by the exercise of the power of\neminent domain, shall not take title to nor possession of such stock or\nassets prior to a final determination of the amount of compensation to\nbe paid for such stock or assets nor prior to a determination by the\nauthority, in its sole discretion that the taking of such stock or\nassets will result in rates less than the rates which would result from\ncontinued operation by LILCO. Notwithstanding the provisions of the\neminent domain procedure law, the provisions of subdivisions five and\nsix shall apply to the acquisition of the stock or property of LILCO by\nthe power of eminent domain, provided however, to the extent the\nprovisions herein do not supersede or conflict with the provisions of\nsuch law the provisions of such law shall apply.\n  5. Procedure for acquisition of LILCO stock. (a) In the event the\nauthority determines to acquire the stock of LILCO by the exercise of\nthe power of eminent domain, having first entered into negotiations with\nLILCO for the purchase of such stock, the authority need not hold any\npublic hearing on its intention to condemn such stock or on the question\nof the public use of such action, such finding having been made by the\nlegislature herein. The authority shall commence such acquisition by\nserving upon LILCO and filing with the county clerk of the county in\nwhich the principal office of LILCO is located a notice describing the\nstock being acquired, the valuation date, as determined by the\nauthority, and such additional information as the authority may\nreasonably deem necessary to facilitate the process of condemnation and\npayment. The notice shall state that it is a notice of pendency of an\nacquisition proceeding and that the authority will elect whether or not\nto pay the amount of such award when it has been finally determined. The\nauthority also shall cause a copy of such notice (i) to be served upon\nthe stock transfer agent or agents designated by LILCO for the transfer\nand registration of its stock and (ii) to be published in at least five\nsuccessive issues of a daily newspaper of national circulation.\n  (b) Upon receipt of such notice, the stock transfer agent or agents,\nat the expense of the authority, shall forthwith serve upon each of the\nregistered owners of such stock a copy of such notice. Service shall be\ndeemed sufficient if mailed by certified or registered mail to the\naddress of each such owner as shown on LILCO's stock transfer books.\nService of the notice upon the stock transfer agent or agents and its\npublication shall not be jurisdictional prerequisites to the validity of\nthe taking. Failure to notify any owner of stock to be taken will not\ninvalidate any proceedings brought hereunder or any title acquired by\nthe authority.\n  (c) Upon filing of the notice described in paragraph (a) hereof, the\nauthority shall petition a special term of the supreme court in the\njudicial district in which LILCO has its principal office for the\nacquisition of the stock. Such petition shall be generally in the form\nprescribed by the eminent domain procedure law so far as consistent\nherewith.\n  (d) The supreme court in the district in which LILCO has its principal\noffice shall have exclusive jurisdiction to hear and determine all\nclaims arising from the acquisition of stock by the exercise of the\npower of eminent domain and shall hear such claims without a jury and\nwithout referral to a referee or commissioners. Notwithstanding the\nprovisions of section nine hundred one of the civil practice law and\nrules, upon motion to the court by the authority, the condemnation\nproceeding for the acquisition of stock shall be maintained as a class\naction, pursuant to remaining provisions of article nine of the civil\npractice law and rules, and the owners of the stock shall be deemed a\ndefendant class on the basis of the following express legislative\nfindings:\n  (i) the class of LILCO stock owners is so numerous that joinder of all\nmembers is impracticable;\n  (ii) the issue of valuation of LILCO stock is common to all LILCO\nstock owners and there are questions of law or fact common to the\nmembers of such class which predominate over any questions affecting\nonly individual members;\n  (iii) the claims or defenses, if any, of any representative owner of\nLILCO stock to acquisition thereof by the authority are typical of the\nclaims or defenses of the class;\n  (iv) there are representative parties who will fairly and adequately\nprotect the interests of the class; and\n  (v) the prosecution of separate actions by or against individual\nmembers of the class would create a risk of inconsistent or varying\nadjudications with respect to the issue of valuation and other issues\ncommon to the class.\n  (e) The procedure for determining just compensation shall be in the\nmanner prescribed by the eminent domain procedure law, except to the\nextent such procedure is inconsistent with the provisions of this title,\nin which case the provisions of this title shall control.\n  (f) Upon the entry of an award finally determining just compensation\nfor the stock, the authority shall have sixty days after receipt of\nnotice of entry of such award within which to elect to proceed with the\ntaking or to abandon such acquisition as provided in subdivision ten\nhereof.  Notice of such election shall be served by the authority and by\nthe stock transfer agent in the manner described in paragraph (a)\nhereof. If the authority elects to proceed with the acquisition, it\nshall deposit with the supreme court in which the condemnation\nproceeding was held an amount equal to the award within one hundred\neighty days after receipt by the authority of notice of entry of such\naward. Upon the making of such deposit, the authority shall notify\nLILCO's stock transfer agent in writing of such deposit. The sum so\ndepositied shall be applied as provided in the eminent domain procedure\nlaw. Upon making such deposit and giving such notice to the stock\ntransfer agent, title to all stock described in the notice of taking\nshall immediately vest in the authority and the authority shall have the\nimmediate right thereto. In the event the authority elects to abandon\nthe acquisition, the provisions of subdivision ten hereof shall apply.\n  (g) It shall be a condition precedent to the payment of compensation\nfor any such securities that such securities be surrendered to the\nsupreme court or to such other entity, including the issuer's stock\ntransfer agent, as the supreme court may direct.\n  6. Procedure for acquisition of LILCO assets. (a) If the authority\nshall find it necessary or convenient to acquire any real or personal\nproperty of LILCO, (other than securities), whether for immediate or\nfuture use, then the authority need not determine that such property is\nrequired for public use, since the legislature already has made such\ndetermination in this title which determination shall be binding for all\npurposes. The authority need not publish any notice of its intention to\nacquire such property or hold any public hearing with respect thereto or\nto the public use of such action.\n  (b) When any real property of LILCO within this state is sought to be\nacquired by the exercise of the power of eminent domain, and after the\nauthority shall have entered into negotiations with LILCO for the\npurchase of such property, the authority shall cause a survey and map to\nbe made thereof and shall cause such survey and map to be filed in its\noffice and in the office of the county clerk in which such property is\nlocated. There shall be annexed to such survey and map a certificate\nexecuted by the chief engineer of the authority, or by such other\nofficer or employee as may be designated by the board, stating that the\nproperty or interest therein described in such survey and map is\nnecessary for its purposes.\n  (c) Upon filing such survey and map, the authority shall petition a\nspecial term of the supreme court in the judicial district in which the\nproperty is located for the acquisition of such property or interest\ntherein. Such petition shall describe the property being acquired, the\nvaluation date, as determined by the authority, and such additional\ninformation as the authority may reasonably deem necessary to facilitate\nthe process of condemnation and payment. The petition shall state that\nthe authority will elect whether or not to pay the amount of such award\nwhen it has been finally determined. In all other respects, such\npetition shall be generally in the form prescribed by the eminent domain\nprocedure law, so far as consistent herewith. Such petition, together\nwith a notice of pendency of the proceeding, shall be filed in the\noffice of the county clerk of the county in which the property is\nlocated and shall be indexed and recorded as provided by law. A copy of\nsuch petition, together with a notice of the presentation thereof to\nsuch special term of the supreme court, shall be served upon the owners\nof such property as provided in the eminent domain procedure law. The\nauthority may cause a duplicate original affidavit of the service\nthereof to be recorded in the books used for recording deeds in the\noffice of the county clerk of the county in which the property described\nin such notice is located, and the recording of such affidavit shall be\nprima facie evidence of due service thereof.\n  (d) Subsequent proceedings shall be conducted generally in the manner\nprescribed by the eminent domain procedure law except to the extent the\nprovisions thereof are inconsistent with the provisions of this title,\nin which case the provisions of this title shall control.\n  (e) In any proceeding involving the valuation of LILCO property taken\nby the authority the supreme court shall ascertain and determine just\ncompensation for the property taken as of the valuation date, giving due\nconsideration to the applicable findings and determinations of the\nlegislature set forth in subdivision one hereof.\n  (f) Should LILCO's property be taken by the exercise of the power of\neminent domain and if LILCO shall have agreed upon the compensation to\nbe paid therefor in settlement of the proceeding, if, LILCO shall be\nentitled to payment of the agreed or awarded compensation within one\nhundred eighty days after the date of the agreement upon the amount of\nthe compensation or of the entry of the award, together with interest\nupon the amount of such compensation from the time of acquisition\nthereof by the authority to the date of payment of such compensation;\nbut such interest shall cease upon the service by the authority, upon\nthe person or corporation entitled thereto, of a fifteen days' notice\nthat the authority is ready and willing to pay the amount of such\ncompensation upon the presentation of proper proofs and vouchers. Such\nnotice shall be served personally or by registered mail and publication\nthereof shall be made at least once a week for three successive weeks in\na daily newspaper of general circulation in the county in which such\nproperty or any part thereof is located.\n  (g) Upon the entry of an award finally determining just compensation\nfor the property of LILCO, the authority shall have sixty days after\nreceipt of notice of entry of such award within which to elect to\nproceed with the taking or to abandon such acquisition as provided in\nsubdivision ten hereof. Notice of such election shall be served by the\nauthority on the owners of such property in the manner described in\nparagraph (c) hereof.  If the authority elects to proceed with the\nacquisition, it shall deposit with the supreme court in which the\ncondemnation proceeding was held an amount equal to the award within one\nhundred eighty days after receipt by the authority of notice of entry of\nsuch award. Upon the making of such deposit, the authority shall notify\nLILCO in writing of such deposit. The sum so deposited shall be applied\nas provided in the eminent domain procedure law. Upon making such\ndeposit and giving such notice to LILCO, title to all property described\nin the notice of taking shall immediately vest in the authority and the\nauthority shall have the immediate right thereto. The order setting\nforth the award, together with evidence from the clerk of the court of\nreceipt of the amount of the award, shall be filed in the office of the\ncounty clerk of the county in which the property is located and shall be\nindexed and recorded in the same manner as a notice of pendency under\nthe eminent domain procedure law. The owner or person in possession of\nsuch property shall deliver possession thereof to the authority upon\ndemand, and in case possession is not delivered when demanded or demand\nis not convenient because of absence of the owner or inability to locate\nor determine the owner, the authority may apply to the court without\nnotice for an order requiring the sheriff to put it into possession of\nsuch real property. Such an order shall be executed as if it were an\nexecution for the delivery of the possession of the property. In the\nevent the authority elects to abandon the acquisition, the provisions of\nsubdivision ten hereof shall apply.\n  7. At any time the authority and its duly authorized agents and\nemployees may, on reasonable notice and during business hours, (i) enter\nupon any real property proposed to be acquired for the purpose of making\nthe surveys or maps mentioned in this section, or of making such other\nsurveys, inspections or examinations of real and personal property and\n(ii) inspect and make copies of the books and records of the issuer of\nsuch securities, all as the authority may deem necessary or convenient\nfor the purposes of this title.\n  8. Upon the acquisition of all the outstanding shares of stock of a\ncorporate issuer representing all the voting rights and equity thereof,\nthe authority shall as soon as reasonably practicable take all steps\nnecessary to assure that the rights and claims of all the holders of any\nother stock and debt securities and all other creditors thereof are as\nsecure as they were immediately prior to the acquisition by the\nauthority. Nothing herein shall prohibit the authority from taking any\nappropriate and prudent action to renegotiate and restructure such debt\nor from purchasing the preferred stock and debt securities issued by\nsuch corporation at such prices as the authority may determine. The\nauthority may also exchange its bonds for any outstanding preferred\nstock or debt securities with the consent of the holders of such\npreferred stock or debt securities.\n  9. As soon as practicable after the authority has acquired sufficient\nshares of LILCO stock to do so or after it has acquired all the property\nof LILCO pursuant to this title, the authority shall forthwith close and\ndecommission the Shoreham plant and shall investigate and develop\nalternative uses, if any, for such plant.\n  10. If the authority determines, in its sole discretion, that the\ntotal cost of acquisition will result in rates in excess of the rates\nwhich would result from continued operation by LILCO, the authority\nshall abandon the acquisition. In such event, the authority shall serve\nnotice of such abandonment (i) in the case of a stock acquisition, by\ncausing to be mailed by certified or registered mail a copy of such\nnotice to each former owner of stock as shown on LILCO's stock transfer\nbooks immediately prior to such acquisition at the address shown on such\nstock transfer books and by causing to be published a copy of such\nnotice in at least five successive issues of a daily newspaper of\nnational circulation or (ii) in the case of an asset acquisition, in the\nsame manner as provided for the service of a petition for acquisition in\nparagraph (c) of subdivision six hereof. In addition, in the case of an\nasset acquisition the authority shall file a copy of the notice of\nabandonment with the county clerk of the county in which is located any\nreal property that was taken and with the clerk of the supreme court in\nwhich the proceeding was instituted.\n  11. The provisions with respect to the valuation of stock and property\nset forth in this section shall apply only to stock or property of\nLILCO, as the case may be, acquired by the authority by the exercise of\nthe power of eminent domain.\n  * NB There are 2 § 1020-h's\n
N.Y. PBA Law § 3662 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3662
Actions against the authority
Status: in_force

§ 3662. 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 of any director, officer,\nagent or employee thereof, unless (a) it shall appear by and as an\nallegation in the complaint or moving papers that a notice of claim\nshall have been made and served upon the authority, within the time\nlimit prescribed by and in compliance with section fifty-e of the\ngeneral municipal law, (b) it shall appear by and as an allegation in\nthe complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, and (c) the action or proceeding shall be\ncommenced within one year after the happening of the event upon which\nthe claim is based. An action against the authority for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions 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 director, 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 any\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 on bonds, shall not exceed\nthe maximum rate of interest on judgments and accrued claims against\nmunicipal authorities as provided in the general municipal law. Interest\non payments of principal or interest on any bonds in default shall\naccrue at the rate specified in the general municipal law until paid or\notherwise satisfied.\n  5. The venue of every action, suit or special proceeding brought\nagainst the authority shall be laid in the supreme court in the county\nof Nassau.\n  6. Neither any director of the authority nor any officer, employee, or\nagent of the authority, while acting within the scope of his or her\nauthority, shall be subject to any liability resulting from exercising\nor carrying out any of the powers given in this title.\n  7. Indemnification. (a) The state shall save harmless and indemnify\ndirectors, officers and employees of and representatives to the\nauthority, all of whom shall be deemed officers and employees of the\nstate for purposes of section seventeen of the public officers law,\nagainst any claim, demand, suit, or judgment arising by reason of any\nact or omission to act by such director, officer, employee or\nrepresentative occurring in the discharge of his or her duties and\nwithin the scope of his or her service on behalf of the authority\nincluding any claim, demand, suit or judgment based on allegations that\nfinancial loss was sustained by any person in connection with the\nacquisition, disposition or holding of securities or other obligations.\nIn the event of any such claim, demand, suit or judgment, a director,\nofficer or employee of or representative to the authority shall be saved\nharmless and indemnified, notwithstanding the limitations of subdivision\none of section seventeen of the public officers law, unless such\nindividual is found by a final judicial determination not to have acted,\nin good faith, for a purpose which he or she reasonably believed to be\nin the best interest of the authority or not to have had reasonable\ncause to believe that his or her conduct was lawful.\n  (b) In connection with any such claim, demand, suit, or judgment, any\ndirector, officer or employee of or representative to the authority\nshall be entitled to representation by private counsel of his or her\nchoice in any civil judicial proceeding whenever the attorney general\ndetermines based upon his or her investigation and review of the facts\nand circumstances of the case that representation by the attorney\ngeneral would be inappropriate. The attorney general shall notify the\nindividual in writing of such determination that the individual is\nentitled to be represented by private counsel. The attorney general may\nrequire, as a condition to payment of the fees and expenses of such\nrepresentative, that appropriate groups of such individuals be\nrepresented by the same counsel. If the individual or groups of\nindividuals is entitled to representation by private counsel under the\nprovisions of this section, the attorney general shall so certify to the\nstate comptroller. Reasonable attorneys' fees and litigation expenses\nshall be paid by the state to such private counsel from time to time\nduring the pendency of the civil action or proceeding, subject to\ncertification that the individual is entitled to representation under\nthe terms and conditions of this section by the authority, upon the\naudit and warrant of the state comptroller. The provisions of this\nsubdivision shall be in addition to and shall not supplant any\nindemnification or other benefits heretofore or hereafter conferred upon\ndirectors, officers, or employees of and representatives to the\nauthority by section seventeen of the public officers law, by action of\nthe authority or otherwise. The provisions of this subdivision shall\ninure only to directors, officers and employees of and representatives\nto the authority, shall not enlarge or diminish the rights of any other\nparty, and shall not impair, limit or modify the rights and obligations\nof any insurer under any policy of insurance.\n
N.Y. ELD Law § 218 — New York Code / Act ELD / Article 2 / Title 1 / Section 218
Long-term care ombudsman
Status: in_force

§ 218. Long-term care ombudsman. 1. Definitions. For the purposes of\nthis section, the following terms shall have the following meanings:\n  (a) "Administrative action" shall mean any action or decision by an\nowner, employee, or agent of a long-term care facility, or by a\ngovernment agency, which affects the provision of service to residents\nof or applicants for admission to long-term care facilities.\n  (b) "Immediate family" pertaining to conflicts of interest, shall mean\na member of the household or a relative with whom there is a close\npersonal or significant financial relationship.\n  (c) "Local ombudsman entity" shall mean any entity designated to\noperate a local long-term care ombudsman program.\n  * (d) "Long-term care facilities" shall mean residential health care\nfacilities as defined in subdivision three of section twenty-eight\nhundred one of the public health law; adult care facilities as defined\nin subdivision twenty-one of section two of the social services law,\nincluding those adult homes and enriched housing programs licensed as\nassisted living residences, pursuant to article forty-six-B of the\npublic health law; or any facilities which hold themselves out or\nadvertise themselves as providing assisted living services and which are\nrequired to be licensed or certified under the social services law or\nthe public health law. Within the amounts appropriated therefor,\n"long-term care facilities" shall also mean managed long-term care plans\nand approved managed long-term care or operating demonstrations as\ndefined in section forty-four hundred three-f of the public health law\nand the term "resident", "residents", "patient" and "patients" shall\nalso include enrollees of such plans.\n  * NB Effective until December 31, 2027\n  * (d) "Long-term care facilities" shall mean residential health care\nfacilities as defined in subdivision three of section twenty-eight\nhundred one of the public health law, adult care facilities as defined\nin subdivision twenty-one of section two of the social services law, and\nassisted living residences, as defined in article forty-six-B of the\npublic health law, or any facilities which hold themselves out or\nadvertise themselves as providing assisted living services and which are\nrequired to be licensed or certified under the social services law or\nthe public health law.\n  * NB Effective December 31, 2027\n  (e) "Long-term care ombudsman" or "ombudsman" shall mean a person who:\n  (1) is an employee or volunteer of the state office for the aging or\nof a designated local ombudsman entity and represents the state\nlong-term care ombudsman program;\n  (2) has been verified as having successfully completing a\ncertification training program developed by the state ombudsman; and\n  (3) has a current designation as a long-term care ombudsman by the\nstate long-term care ombudsman.\n  (f) "Resident representative" shall mean either of the following:\n  (1) an individual chosen by the resident to act on behalf of the\nresident in order to support the resident in decision-making; access\nmedical, social, or other personal information of the resident; manage\nfinancial matters; or receive notifications;\n  (2) a person authorized by state or federal law (including but not\nlimited to agents under power of attorney, representative payees, and\nother fiduciaries) to act on behalf of the resident in order to support\nthe resident in decision-making; access medical, social, or other\npersonal information of the resident; manage financial matters; or\nreceive notifications;\n  (3) a legal representative, as used in section 712 of the older\nAmericans act of 1965, as amended; or\n  (4) the court-appointed guardian or conservator of the resident.\n  (5) Nothing in this section is intended to expand the scope of\nauthority of any resident representative beyond that authority\nspecifically authorized by the resident, state or federal law, or a\ncourt of competent jurisdiction.\n  (g) "State long-term care ombudsman" or "state ombudsman" shall mean\nthe individual who heads the office of the state long-term care\nombudsman and is responsible to personally, or through representatives\nof the office of the state long-term care ombudsman, fulfill the\nfunctions, responsibilities and duties of the office of the state\nlong-term care ombudsman.\n  (h) "Willful interference" shall mean actions or inactions taken by an\nindividual in an attempt to intentionally prevent, interfere with, or\nattempt to impede an ombudsman from performing any of the functions or\nresponsibilities of the office of the state long-term care ombudsman.\n  2. Office of the state long-term care ombudsman established. (a) There\nis hereby established within the state office for the aging an office of\nthe state long-term care ombudsman which shall be headed by the state\nlong-term care ombudsman, who shall carry out, directly and/or through\nlocal ombudsman entities, the duties set forth in this section.\n  (b) The office of the state long-term care ombudsman is a distinct\nentity, separately identifiable, and located within the state office for\nthe aging.\n  (c) The state office for the aging shall provide the long-term care\nombudsman program with legal counsel that is adequate, available, has\ncompetencies relevant to the legal needs of the program, and is without\nconflict of interest as determined by the state office for the aging in\nconsultation with the state long-term care ombudsman.\n  (d) The state office for the aging shall not establish personnel\npolicies or practices which prohibit the ombudsman from performing the\nfunctions and responsibilities of the ombudsman, as set forth in this\nsection.\n  (e) Nothing in this section shall prohibit the state office for the\naging from requiring that the state ombudsman, or other employees of the\noffice of the state long-term care ombudsman, adhere to the personnel\npolicies and procedures of the state office for the aging.\n  3. State long-term care ombudsman. (a) The director of the state\noffice for the aging shall appoint a full-time state long-term care\nombudsman to administer and supervise the office of the state long-term\ncare ombudsman.\n  (b) The state ombudsman shall be selected from among individuals with\nexpertise and experience in long-term care and advocacy, long-term\nservices and supports or other direct services for older persons or\nindividuals with disabilities, consumer-oriented public policy advocacy,\nleadership and program management skills, negotiation and problem\nresolution skills, and with other qualifications determined by the\ndirector of the state office for the aging to be appropriate for the\nposition.\n  (c) Any actual and potential conflicts of interest shall be identified\nand addressed in accordance with subdivision ten of this section.\n  (d) The state ombudsman, personally or through authorized\nrepresentatives shall:\n  (1) identify, investigate and resolve complaints that are made by, or\non behalf of, long-term care residents in this state and that relate to\nactions, inactions or decisions that may adversely affect the health,\nsafety and welfare or rights of such residents; the state ombudsman may\nrefer to the appropriate investigatory agency information obtained\nduring the investigation of a complaint which suggests the possible\noccurrence of physical abuse, mistreatment or neglect or Medicaid fraud,\nin accordance with the older Americans act of 1965, as amended and the\nregulations promulgated thereunder as well as rules and regulations\npromulgated by the state office for the aging; provided, however, that\nupon consent of the resident, the ombudsman or state ombudsman shall\nimmediately make such referral. Nothing in this section shall be\nconstrued as authorizing the state ombudsman to impose a resolution\nunacceptable to either party involved in a complaint or to assume powers\ndelegated to the commissioner of health or the department of health\npursuant to article twenty-eight of the public health law or to the\ncommissioner of the office of children and family services or the office\nof children and family services pursuant to the social services law; nor\ndoes it authorize the state ombudsman to investigate final\nadministrative determinations made pursuant to law by such commissioners\nif such decisions become the subject of complaints to the state\nombudsman;\n  (2) provide services to assist residents in protecting their health,\nsafety, welfare and rights, including but not limited to representing\nthe interests of residents before governmental agencies and seeking\nappropriate administrative, legal and other remedies to protect their\nwelfare, safety, health and rights;\n  (3) inform the residents about means of obtaining services provided by\nthe long-term care ombudsman program and other public agencies;\n  (4) analyze, comment on, and monitor the development and\nimplementation of federal, state and local laws, regulations, policies\nand actions that pertain to the health, safety, welfare, and rights of\nthe residents of long-term care facilities and services in the state;\n  (5) ensure that residents have regular and timely access to the\nservices provided through the long-term care ombudsman program and that\nresidents and complainants receive timely responses to requests for\ninformation and complaints;\n  (6) recommend changes in federal, state and local laws, regulations,\npolicies, and actions pertaining to the health, safety, welfare, and\nrights of residents;\n  (7) develop a certification training program and continuing education\nfor ombudsmen which at a minimum shall specify the minimum hours of\ntraining, the annual number of hours of in-service training, and the\ncontent of the training, including, but not limited to, training\nrelating to cultural competency and diversity, federal, state, and local\nlaws, regulations, and policies with respect to long-term care\nfacilities in the state, investigative and resolution techniques, and\nsuch other training-related matters as the state ombudsman determines to\nbe appropriate;\n  (8) provide administrative and technical assistance to long-term care\nombudsmen and local ombudsman entities;\n  (9) make determinations and establish positions of the office of the\nstate long-term care ombudsman, without necessarily representing the\ndeterminations or positions of the state office for the aging;\n  (10) recommend to the director of the state office for the aging\npolicies and procedures for the state long-term care ombudsman program;\n  (11) coordinate with and promote the development of citizen\norganizations consistent with the interests of residents;\n  (12) promote, provide technical support for the development of, and\nprovide ongoing support as requested by resident and family councils to\nprotect the well-being and rights of residents;\n  (13) provide leadership to statewide systems advocacy efforts of the\noffice of the state long-term care ombudsman on behalf of long-term care\nfacility residents, including coordination of systems advocacy efforts\ncarried out by representatives of the office of the state long-term care\nombudsman;\n  (14) in accordance with applicable state contracting procedures,\ncoordinate with the state office for the aging in the review and\napproval of plans or contracts governing local ombudsman entity\noperations;\n  (15) carry out such other activities as the director of the state\noffice for the aging determines to be appropriate pursuant to the\nfederal older Americans act of 1965 and other applicable federal and\nstate laws and related regulations as may, from time to time, be\namended; and\n  (16) in accordance with the regulations promulgated under this section\nprovide the director of the state office for the aging with notice prior\nto performing the activities identified in paragraphs four, six and nine\nof this subdivision. Such notice shall not give the director of the\nstate office for the aging or any other state official the right to\npre-approve the position or communications of the state ombudsman.\n  (e) The state ombudsman, with the approval of the director of the\nstate office for the aging, may appoint one or more assistant state\nlong-term care ombudsmen to assist the state ombudsman in the\nperformance of his or her duties under this section. Such assistant\nstate ombudsmen must be verified as having completed a certification\ntraining program developed by the state ombudsman within six (6) months\nof their appointment as assistant state ombudsmen.\n  (f)(1) The state ombudsman shall only appoint as ombudsmen individuals\nwho have been verified as completing the certification training program\ndeveloped by the state ombudsman. In addition, the state long-term care\nombudsman may refuse, suspend, or remove such appointments of ombudsmen.\n  (2) The state ombudsman shall develop a grievance process to offer an\nopportunity for reconsideration of any decision to refuse, suspend, or\nremove appointment of any ombudsman. Notwithstanding the grievance\nprocess, the state ombudsman shall make the final determination to\ndesignate or to refuse, suspend, or remove appointment of an ombudsman.\n  (g) Any actual and potential conflicts of interest shall be identified\nand addressed in accordance with subdivision ten of this section.\n  * (h) Within the amounts appropriated therefor, the state long-term\ncare ombudsman program shall include services specifically designed to\nserve persons enrolled in managed long-term care plans or approved\nmanaged long-term care or operating demonstrations authorized under\nsection forty-four hundred three-f of the public health law, and shall\nalso review and respond to complaints relating to marketing practices by\nsuch plans and demonstrations.\n  * NB Repealed December 31, 2025\n  4. Local long-term care ombudsman program. (a) The state ombudsman, in\naccordance with applicable state contracting procedures, may designate\nan entity to operate a local long-term care ombudsman program for one or\nmore counties, and shall monitor the performance of such entity. If the\nstate office for the aging is aware or becomes aware of any evidence\nthat the designation of an entity to operate a long-term care ombudsman\nprogram by the state long-term care ombudsman would result in legal\nconcerns or liability for the state office for the aging or office of\nthe state long-term care ombudsman, the state ombudsman will comply with\nthe state office for the aging's determination that such designation\nshould not be made.\n  (b) The designated entity shall be an area agency on aging, a public\nagency or a private not-for-profit corporation which is free from any\nconflict of interest that cannot be remedied. Any actual and potential\nconflicts of interest shall be identified and addressed in accordance\nwith subdivision ten of this section.\n  (c)(1) Each local long-term care ombudsman program shall be directed\nby a qualified individual who is employed and paid by the local entity\nand who shall have the duties and responsibilities as provided in\nregulations, consistent with the provisions of this section and of Title\nVII of the federal older Americans act of 1965, as amended. In addition,\nupon designation, the entity is responsible for providing for adequate\nand qualified staff, which may include trained volunteers to perform the\nfunctions of the local long-term care ombudsman program.\n  (2) No local program staff, including the supervisor and any\nvolunteers, shall perform or carry out the activities on behalf of the\nstate long-term care ombudsman program unless such staff has been\nverified as completing the training program developed by the state\nombudsman and has been approved by the state ombudsman as qualified to\ncarry out the activities on behalf of the local program.\n  (d) When the state ombudsman determines that a local long-term care\nombudsman program does not meet the standards set forth in this section\nand in any related regulations, the state ombudsman, in coordination\nwith the state office for the aging, may refuse, suspend, or remove the\ndesignation of the local ombudsmen entity. Prior to taking such action,\nthe state ombudsman shall send to the affected local program a notice of\nthe state ombudsman's intentions to refuse, suspend, or remove the\ndesignation; provided, however, if the state office for the aging is\naware or becomes aware of evidence that the designation or continued\ndesignation of an entity to operate a long-term care ombudsman program\nwould result in legal concerns or liability for the state office for the\naging or the office of the state long-term care ombudsman, the state\nombudsman will comply with the state office for the aging's\ndetermination that such designation should not be made or that such\ndesignation be refused, suspended, or removed.\n  (e) The state ombudsman shall develop a grievance process to offer an\nopportunity for reconsideration of any decision to refuse, suspend, or\nremove the designation of a local ombudsman entity. Notwithstanding the\ngrievance process, the state ombudsman shall make the final\ndetermination to designate or to refuse, suspend, or remove the\ndesignation of a local ombudsman entity; provided, however, if the state\noffice for the aging is aware or becomes aware of any evidence that the\ndesignation of an entity to operate a long-term care ombudsman program\nby the state long-term care ombudsman or that the failure of the state\nombudsman to refuse, suspend, or remove the designation of a local\nombudsman entity would result in legal concerns or liability for the\nstate office for the aging or the office of the state long-term care\nombudsman, the state ombudsman will comply with the state office for the\naging's determination that such designation should not be made or that\nsuch designation be refused, suspended, or removed.\n  5. Review of complaint. Upon receipt of a complaint, the ombudsman or\nstate ombudsman shall determine whether there are reasonable grounds for\nan investigation. Such investigation shall be conducted in a manner\nprescribed in regulations. The ombudsman or state ombudsman may\nimmediately refer to the appropriate investigatory agency information\nobtained during the investigation of a complaint which suggests the\npossible occurrence of physical abuse, mistreatment or neglect or\nMedicaid fraud, in accordance with and subject to any limitations\nidentified in the older Americans act of 1965, as amended and the\nregulations promulgated thereunder as well as rules and regulations\npromulgated by the state office for the aging; provided, however, that\nupon consent of the resident, the ombudsman or state ombudsman shall\nimmediately make such referral.\n  6. Record access. (a) An ombudsman and state ombudsman shall have\naccess to:\n  (1) medical, social and other records relating to a resident, if:\n  (A) the resident or resident representative communicates informed\nconsent to the access and the consent is given in writing or through the\nuse of auxiliary aids and services, provided that a guardian appointed\npursuant to article seventeen-A of the surrogate's court procedure act\nor article eighty-one of the mental hygiene law who has the authority\npursuant to court order to give such consent shall supersede any other\nresident representatives;\n  (B) the resident or resident representative communicates informed\nconsent orally, visually, or through the use of auxiliary aids and\nservices, and such consent is documented contemporaneously by an\nombudsman in accordance with procedures established by the state\nombudsman, provided that a guardian appointed pursuant to article\nseventeen-A of the surrogate's court procedure act or article eighty-one\nof the mental hygiene law who has the authority pursuant to court order\nto give such consent shall supersede any other resident representatives;\nand\n  (C) access is necessary in order to investigate a complaint, the\nresident representative refuses to consent to the access, an ombudsman\nhas reasonable cause to believe that the resident representative is not\nacting in the best interests of the resident, and the ombudsman obtains\nthe approval of the state ombudsman;\n  (2) administrative records, policies, and documents, to which the\nresidents have or the general public has access, of long-term care\nfacilities;\n  (3) all licensing and certification records maintained by the state\nwith respect to long-term care facilities and copies thereof upon\nrequest; and\n  (4) a list of resident names and room numbers.\n  (b) No ombudsman or state ombudsman shall disclose files, records, or\ninformation about a complaint, including identifying information of any\nresident or complainant unless:\n  (1) the complainant or resident or his or her resident representative\ncommunicates informed consent to the ombudsman in writing, provided that\na guardian appointed pursuant to article seventeen-A of the surrogate's\ncourt procedure act or article eighty-one of the mental hygiene law who\nhas the authority pursuant to court order to give such consent shall\nsupersede any other resident representatives.\n  (2) the complainant or resident or his or her resident representative\ncommunicates informed consent orally or visually, including through the\nuse of auxiliary aids and services, and such consent is documented\ncontemporaneously by an ombudsman or state ombudsman in accordance with\nthe procedures of the office of the state long-term care ombudsman,\nprovided that a guardian appointed pursuant to article seventeen-A of\nthe surrogate's court procedure act or article eighty-one of the mental\nhygiene law who has the authority pursuant to court order to give such\nconsent shall supersede any other resident representatives;\n  (3) the disclosure is required pursuant to a court order; or\n  (4) the resident is unable to communicate informed consent and does\nnot have a resident representative, or the state long-term care\nombudsman determines that the resident representative has taken an\naction, inaction or made a decision that may adversely affect the\nhealth, safety, welfare, or rights of the resident. In such cases,\ndisclosures may be made in accordance with criteria to be developed by\nthe state ombudsman.\n  (c) all files, records, and other information of the long-term care\nombudsman program, including information maintained by local ombudsman\nentities pertaining to the cases and activities of the program are the\nproperty of the office of the state long-term care ombudsman. Such\nfiles, records, and information may be disclosed only at the discretion\nof the state ombudsman or designee of the state ombudsman for such\npurpose and in accordance with the criteria developed by the state\nombudsman.\n  (d) No ombudsman or state ombudsman shall disclose to any person\noutside of the long-term care ombudsman program any information obtained\nfrom a resident's record without the approval of the state ombudsman or\nhis or her designee, in accordance with procedures for disclosure\nestablished by the state ombudsman.\n  (e) No ombudsman or state ombudsman who directly or indirectly obtains\naccess to a resident's medical or personal records pursuant to section\ntwenty-eight hundred three-c of the public health law shall disclose to\nsuch resident or to any other person outside of the long-term care\nombudsman program the content of any such records to which such resident\nor other person had not previously had the right of access, provided\nthat this restriction shall not prevent such ombudsman from advising\nsuch resident of the status or progress of an investigation or complaint\nprocess initiated at the request of such resident or from referring such\ncomplaint, together with the relevant records, to appropriate\ninvestigatory agencies. Any person who intentionally violates the\nprovisions of this subdivision shall be guilty of a misdemeanor. Nothing\ncontained in this section shall be construed to limit or abridge any\nright of access to records, including financial records, otherwise\navailable to ombudsmen, residents, or any other person.\n  (f) Notwithstanding any law to the contrary, any individual, when\nacting in his or her official capacity as an ombudsman, shall be exempt\nfrom the mandatory reporting of abuse, neglect, exploitation, or\nmaltreatment. However, an ombudsman may report abuse, neglect,\nexploitation, or maltreatment in accordance with the older Americans act\nof 1965, as amended and the regulations promulgated thereunder as well\nas rules and regulations promulgated by the state office for the aging;\nprovided, however, that upon consent of the resident, the ombudsman or\nstate ombudsman shall immediately make such referral.\n  (g) Nothing in this section shall prohibit the disclosure by an\nombudsman, state ombudsman, or local ombudsman entity of non-identifying\naggregate data for monitoring or reporting purposes to the state office\nfor the aging or agency in which a local ombudsman entity is\norganizationally located.\n  (h) Any information accessed pursuant to this subdivision by a\nlong-term care ombudsman or local ombudsman entity shall only be used\nfor the purposes of the long-term care ombudsman program. Any use of\nsuch information other than for the purposes of the long-term care\nombudsman program or purposes authorized under this section may\nconstitute grounds for the designation of such ombudsman or local\nombudsman entity to be removed.\n  7. Access to long-term care facilities. An ombudsman or state\nombudsman shall have authority to enter all long-term care facilities at\nany time during a facility's regular business hours or regular visiting\nhours, and at any other time when access may be required by the\ncircumstances to be investigated and shall have access to all residents\nand/or the resident representative to perform all functions and duties\nenumerated herein.\n  8. Noninterference. No long-term care facility shall:\n  (a) refuse to permit an ombudsman or state ombudsman entry into such\nfacility or, interfere with, or refuse to cooperate with an ombudsman or\nstate ombudsman carrying out their mandated duties and responsibilities\nset forth in this section and any regulations promulgated pursuant\nthereto;\n  (b) retaliate against an ombudsman or state ombudsman for carrying out\nhis or her mandated duties and responsibilities set forth in this\nsection and any regulations promulgated pursuant thereto;\n  (c) refuse to permit residents or staff to communicate freely and\nprivately with an ombudsman; or\n  (d) retaliate or discriminate against any resident, resident\nrepresentative, complainant, or staff member for filing a complaint\nwith, providing information to, or otherwise cooperating with any\nombudsman or state ombudsman. Any resident who has reason to believe\nthat he or she may have been discriminated or retaliated against in\nviolation of subdivision eight of this section may file a complaint with\nthe commissioner of health pursuant to subdivision ten of section\ntwenty-eight hundred one-d of the public health law.\n  9. Failure to cooperate. Any such facility that violates the\nprovisions of subdivision eight of this section shall be subject to the\nappropriate sanctions pursuant to section twenty-eight hundred three-c\nof the public health law, and accompanying regulations, if such facility\nis a residential healthcare facility or section four hundred sixty-d of\nthe social services law, and accompanying regulations, if such facility\nis an adult care facility.\n  10. Conflict of interest. The state office for the aging and the state\nombudsman shall consider both the organizational and individual\nconflicts of interest that may impact the effectiveness and credibility\nof the work of the office of the state long-term care ombudsman. In so\ndoing, both the state office for the aging and the state ombudsman shall\nbe responsible to identify actual and potential conflicts and, where a\nconflict has been identified, to remove or remedy such conflict as set\nforth in paragraphs (b) and (d) of this subdivision.\n  (a) Identifying conflicts of interest. In identifying conflicts of\ninterest, the state office for the aging and the state ombudsman shall\nconsider the organizational conflicts that may impact the effectiveness\nand credibility of the work of the office of the state long-term care\nombudsman. Organizational conflicts of interest include, but are not\nlimited to, placement of the office of the state long-term care\nombudsman, or requiring that a state ombudsman or long-term care\nombudsman perform conflicting activities, in an organization that:\n  (1) is responsible for licensing, surveying, or certifying long-term\ncare facilities;\n  (2) is responsible for licensing, surveying, or certifying long-term\ncare services;\n  (3) is an association (or an affiliate of such an association) of\nlong-term care facilities, or of any other residential facilities for\nolder individuals or individuals with disabilities;\n  (4) has any ownership or investment interest (represented by equity,\ndebt, or other financial relationship) in, or receives grants or\ndonations from, a long-term care facility;\n  (5) has governing board members with any ownership, investment, or\nemployment interest in long-term care facilities;\n  (6) provides long-term care to residents of long-term care facilities,\nincluding the provision of personnel for long-term care facilities or\nthe operation of programs which control access to or services for\nlong-term care facilities;\n  (7) provides long-term care services, including programs carried out\nunder a Medicaid waiver approved under section 1115 of the Social\nSecurity Act (42 U.S.C. 1315) or under subsection (b) or (c) of section\n1915 of the Social Security Act (42 U.S.C. 1396n), subsection (i), (j),\nor (k) of section 1915 of the Social Security Act (42 U.S.C. 1396n);\n  (8) provides long-term care case management;\n  (9) provides long-term care coordination or case management for\nresidents of long-term care facilities;\n  (10) sets reimbursement rates for long-term care facilities;\n  (11) sets reimbursement rates for long-term care services;\n  (12) provides adult protective services;\n  (13) is responsible for eligibility determinations regarding Medicaid\nor other public benefits for residents of long-term care facilities;\n  (14) conducts preadmission screening for long-term care facility\nplacements;\n  (15) makes decisions regarding admission or discharge of individuals\nto or from long-term care facilities; or\n  (16) provides guardianship, conservatorship, or other fiduciary or\nsurrogate decision-making services for residents of long-term care\nfacilities.\n  (b) Removing or remedying organizational conflicts. The state office\nfor the aging and the state ombudsman shall identify and take steps to\nremove or remedy conflicts of interest between the office of the state\nlong-term care ombudsman and the state office for the aging or other\nagency carrying out the state long-term care ombudsman program.\n  (1) The state ombudsman shall identify organizational conflicts of\ninterest in the state long-term care ombudsman program and describe\nsteps taken to remove or remedy conflicts within the annual report\nsubmitted to the assistant secretary through the national ombudsman\nreporting system.\n  (2) Where the office of the state long-term care ombudsman is located\nwithin or otherwise organizationally attached to the state office for\nthe aging, the office for the aging shall:\n  (A) take reasonable steps to avoid internal conflicts of interest;\n  (B) establish a process for review and identification of internal\nconflicts;\n  (C) take steps to remove or remedy conflicts;\n  (D) ensure that no individual, or member of the immediate family of an\nindividual, involved in the designating, appointing, otherwise selecting\nor terminating the state ombudsman is subject to a conflict of interest;\nand\n  (E) assure that the state ombudsman has disclosed such conflicts and\ndescribed steps taken to remove or remedy conflicts within the annual\nreport submitted to the assistant secretary through the national\nombudsman reporting system.\n  (3) Where the state office for the aging is unable to adequately\nremove or remedy a conflict, it shall carry out the state long-term care\nombudsman program by contract or other arrangement with a public agency\nor nonprofit private organization. The state office for the aging may\nnot enter into a contract or other arrangement to carry out the state\nlong-term care ombudsman program if the other entity, and may not\noperate the office of the state long-term care ombudsman directly if it:\n  (A) is responsible for licensing, surveying, or certifying long-term\ncare facilities;\n  (B) is an association (or an affiliate of such an association) of\nlong-term care facilities, or of any other residential facilities for\nolder individuals or individuals with disabilities; or\n  (C) has any ownership, operational, or investment interest\n(represented by equity, debt, or other financial relationship) in a\nlong-term care facility.\n  (4) Where the state office for the aging carries out the state\nlong-term care ombudsman program by contract or other arrangement with a\npublic agency or nonprofit private organization, the state office for\nthe aging shall:\n  (A) prior to contracting or making another arrangement, take\nreasonable steps to avoid conflicts of interest in such agency or\norganization which is to carry out the state long-term care ombudsman\nprogram and to avoid conflicts of interest in the state office for the\naging oversight of the contract or arrangement;\n  (B) establish a process for periodic review and identification of\nconflicts;\n  (C) establish criteria for approval of steps taken by the agency or\norganization to remedy or remove conflicts;\n  (D) require that such agency or organization have a process in place\nto:\n  (i) take reasonable steps to avoid conflicts of interest, and\n  (ii) disclose identified conflicts and steps taken to remove or remedy\nconflicts to the state office for the aging for review and approval.\n  (5) Where an agency or organization carrying out the state long-term\ncare ombudsman program by contract or other arrangement develops a\nconflict and is unable to adequately remove or remedy a conflict, the\nstate office for the aging shall either operate the state long-term care\nombudsman program directly or by contract or other arrangement with\nanother public agency or nonprofit private organization. The state\noffice for the aging shall not enter into such contract or other\narrangement with an agency or organization which is responsible for\nlicensing or certifying long-term care facilities in the state or is an\nassociation (or affiliate of such an association) of long-term care\nfacilities.\n  (6) Where local ombudsman entities provide ombudsman services, the\nstate ombudsman shall:\n  (A) prior to designating or renewing designation, take reasonable\nsteps to avoid conflicts of interest in any agency which may host a\nlocal ombudsman entity,\n  (B) establish a process for periodic review and identification of\nconflicts of interest with the local ombudsman entity in any agencies\nhosting a local ombudsman entity,\n  (C) require that such agencies disclose identified conflicts of\ninterest with the local ombudsman entity and steps taken to remove or\nremedy conflicts within such agency to the state ombudsman,\n  (D) establish criteria for approval of steps taken to remedy or remove\nconflicts in such agencies, and\n  (E) establish a process for review of and criteria for approval of\nplans to remove or remedy conflicts with the local ombudsman entity in\nsuch agencies.\n  (7) Failure of an agency hosting a local ombudsman entity to disclose\na conflict to the office of the state long-term care ombudsman or\ninability to adequately remove or remedy a conflict shall constitute\ngrounds for refusal, suspension, or removal of designation of the local\nombudsman entity by the state ombudsman.\n  (c) Identifying individual conflicts of interest. (1) In identifying\nconflicts of interest, the state office for the aging and the state\nombudsman shall consider individual conflicts that may impact the\neffectiveness and credibility of the work of the office of the state\nlong-term care ombudsman or local long-term care ombudsman program.\n  (2) Individual conflicts of interest for the state ombudsman,\nlong-term care ombudsmen, and members of their immediate family include,\nbut are not limited to:\n  (A) direct involvement in the licensing or certification of a\nlong-term care facility or of a provider of a long-term care service;\n  (B) ownership, operational, or investment interest (represented by\nequity, debt, or other financial relationship) in an existing or\nproposed long-term care facility or a long-term care service;\n  (C) employment of an individual by, or participation in the management\nof, a long-term care facility in the service area or by the owner or\noperator of any long-term care facility in the service area;\n  (D) receipt of, or right to receive, directly or indirectly,\nremuneration (in cash or in kind) under a compensation arrangement with\nan owner or operator of a long-term care facility;\n  (E) accepting gifts or gratuities of significant value from a\nlong-term care facility or its management, a resident or a resident\nrepresentative of a long-term care facility in which the state ombudsman\nor long-term care ombudsman provide services (except where there is a\npersonal relationship with a resident or resident representative which\nis separate from the individual's role as state ombudsman or long-term\ncare ombudsman);\n  (F) accepting money or any other consideration from anyone other than\nthe office of the state long-term care ombudsman, or an entity approved\nby the state ombudsman, for the performance of an act in the regular\ncourse of the duties of the state ombudsman or long-term care ombudsman\nwithout state ombudsman approval;\n  (G) serving as guardian, conservator, or in another fiduciary or\nsurrogate decision-making capacity for a resident of a long-term care\nfacility in which the state ombudsman or long-term care ombudsman\nprovides services; and\n  (H) serving residents of a facility in which an immediate family\nmember resides.\n  (d) Removing or remedying individual conflicts. (1) The state office\nfor the aging or state ombudsman shall develop and implement policies\nand procedures to ensure that no state ombudsman or long-term care\nombudsman are required or permitted to hold positions or perform duties\nthat would constitute a conflict of interest as set forth in paragraph\n(c) of this subdivision. This rule does not prohibit the state office\nfor the aging or state ombudsman from having policies or procedures that\nexceed these requirements.\n  (2) When considering the employment, appointment, or designation of an\nindividual as the state ombudsman or as a long-term care ombudsman, the\nstate office for the aging or other employing or appointing entity\nshall:\n  (A) take reasonable steps to avoid employing, appointing, or\ndesignating an individual who has an unremedied conflict of interest or\nwho has a member of the immediate family with an unremedied conflict of\ninterest;\n  (B) take reasonable steps to avoid assigning an individual to perform\nduties which would constitute an unremedied conflict of interest;\n  (C) establish a process for periodic review and identification of\nconflicts of state ombudsman and long-term care ombudsmen; and\n  (D) take steps to remove or remedy conflicts.\n  (3) In no circumstance shall the entity which appoints, employs, or\ndesignates the state ombudsman appoint, employ, or designate an\nindividual as the state ombudsman who:\n  (A) has direct involvement in the licensing or certification of a\nlong-term care facility;\n  (B) has an ownership or investment interest (represented by equity,\ndebt, or other financial relationship) in a long-term care facility.\nDivestment within a reasonable period may be considered an adequate\nremedy to this conflict;\n  (C) has been employed by or participating in the management of a\nlong-term care facility within the previous twelve months; or\n  (D) receives, or has the right to receive, directly or indirectly,\nremuneration (in cash or in kind) under a compensation arrangement with\nan owner or operator of a long-term care facility.\n  (4) In no circumstance shall the state office for the aging or an\nagency hosting a local ombudsman entity appoint, employ, or designate an\nindividual, nor shall the state ombudsman designate an individual, as a\nlong-term care ombudsman who:\n  (A) has direct involvement in the licensing or certification of a\nlong-term care facility;\n  (B) has an ownership or investment interest (represented by equity,\ndebt, or other financial relationship) in a long-term care facility.\nDivestment within a reasonable period may be considered an adequate\nremedy to this conflict;\n  (C) receives, directly or indirectly, remuneration (in cash or in\nkind) under a compensation arrangement with an owner or operator of a\nlong-term care facility; or\n  (D) is employed by, or participating in the management of, a long-term\ncare facility.\n  (i) An agency which appoints or employs long-term care ombudsmen shall\nmake efforts to avoid appointing, employing, or designating an\nindividual as a long-term care ombudsman who has been employed by or\nparticipating in the management of a long-term care facility within the\nprevious twelve months.\n  (ii) Where such individual is appointed, employed, or designated, the\nagency shall take steps to remedy the conflict.\n  11. Civil immunity. Notwithstanding any other provision of law,\nombudsmen designated under this section shall be included within the\ndefinition of employee as set forth in section seventeen of the public\nofficers law and shall be defended and indemnified in accordance with\nthe provisions of article two of such law.\n  12. Grievance process. In addition to the provisions listed in this\nsection, the state ombudsman shall recommend policies and procedures for\nthe receipt and review of grievances regarding determinations or actions\nof the state ombudsman or ombudsmen to the director of the state office\nfor the aging.\n  13. Regulations. The director of the state office for the aging, in\nconsultation with the state ombudsman, is authorized to promulgate\nregulations to implement the provisions of this section.\n  14. Annual report. On or before March thirty-first, two thousand five,\nand annually thereafter, the state ombudsman shall submit to the\ngovernor, commissioner of the federal administration on aging, speaker\nof the assembly, temporary president of the senate, director of the\nstate office for the aging, commissioner of the department of health,\nand the commissioner of children and family services a report and make\nsuch report available to the public:\n  (a) describing the activities carried out by the office of the state\nlong-term care ombudsman during the prior calendar year;\n  (b) containing and analyzing data relating to complaints and\nconditions in long-term care facilities and to residents for the purpose\nof identifying and resolving significant problems, including an\nexamination of any recurring complaints to determine if there are\nsystemic issues in such facilities;\n  (c) evaluating the problems experienced by, and the complaints made by\nor on behalf of, residents;\n  (d) containing recommendations for appropriate state legislation,\nrules and regulations and other action based on data collected pursuant\nto this section, concerns raised by residents and families of residents,\nand observations made when visiting long-term care facilities, to\nimprove the quality of the care and life of the residents, protecting\nthe health, safety and welfare and rights of the residents and resolving\nresident complaints and identified problems or barriers;\n  (e) containing an analysis of the success of the long-term care\nombudsman program, including success in providing services to residents;\n  (f) describing barriers that prevent the optimal operation of the\nombudsman program;\n  (g) describing any organizational conflicts of interest in the\nombudsman program that have been identified and the steps taken to\nremove or remedy such conflicts;\n  (h) containing all complaints received by the state ombudsman relating\nto long-term care facilities including but not limited to complaints\nthat suggest the possible occurrence of physical abuse, mistreatment,\nneglect or Medicaid fraud, listed by type of complaint, facility name\nand by region;\n  (i) containing the number of visits to each long-term care facility,\nlisted by facility name and by region, and names of long-term care\nfacilities that did not receive any visits in the prior year; and\n  (j) any other matters as the state ombudsman, in consultation with the\ndirector of the state office for the aging, determines to be\nappropriate.\n  15. Outreach and awareness program. The state long-term care ombudsman\nshall facilitate and coordinate the planning and implementation of an\noutreach and awareness program to advertise and promote the long-term\ncare ombudsman program and to recruit additional ombudsmen. Such program\nshall utilize educational and informational materials including, but not\nlimited to, media advertising, billboards, social media and the official\nwebsite of the long-term care ombudsman program.\n
N.Y. ENV Law § 57-0136 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0136
Penalties and enforcement
Status: in_force

§ 57-0136. Penalties and enforcement.\n  1. Violations. (a) All of the rights and remedies provided for in this\nsection are in addition to all of the rights and remedies available to\nthe villages and towns located within the "Central Pine Barrens Area" as\nspecifically defined in subdivision ten of section 57-0107 of this\ntitle. All of the rights and remedies provided for in this section are\nin addition to all of the rights and remedies available to the attorney\ngeneral as provided for in state law.\n  (b) With respect to any land use conduct within the Central Pine\nBarrens Area that violates any provision of an applicable village or\ntown law, the responsibility for enforcement of such violation shall lie\nwith the applicable village or town in the first instance as provided\nfor in the laws of the respective town or village. The applicable\nvillage or town shall provide written notice to the commission of all\nsuch enforcement efforts. In the event the applicable village or town\ndoes not commence an enforcement action within sixty days from the\nreceipt of a written notice to the applicable village or town of any\nland use conduct within the Central Pine Barrens Area that may violate\nany provision of an applicable village or town law, the commission, or\nthe attorney general at the request of the commission or upon his or her\nown initiative, may institute enforcement action for such violation as\nset forth in subdivisions two, three and four of this section.\n  (c) With regard to any violation of this title, the land use plan\nadopted by the commission, any regulation promulgated by the commission,\nor any order, determination or permit condition issued by the\ncommission, there shall be independent jurisdiction among the village or\ntown in which such violation occurred or is occurring to investigate and\nprosecute such violation as set forth in subdivisions two, three and\nfour of this section. The commission or the attorney general at the\nrequest of the commission or upon the attorney general's own initiative\nshall also have independent jurisdiction to investigate and prosecute\nsuch violation as set forth in subdivisions two, three and four of this\nsection.\n  The party initiating such a prosecution shall consult with the other\ngovernmental entities named in this section before initiating such an\naction, except in a case involving a threat of irreparable harm or\nimminent violation or repeated violations of this title, the land use\nplan adopted by the commission, any regulation promulgated by the\ncommission, or any order, determination or permit condition issued by\nthe commission.\n  (d) With regard to any land use conduct within the Central Pine\nBarrens Area that is a violation of the applicable village or town law\nin addition to being a violation of the specific requirements of this\ntitle, the land use plan adopted by the commission, or the terms or\nconditions of any order, permit or determination issued by the\ncommission, the commission, or the attorney general at the request of\nthe village or town, may jointly institute with the village and town an\nenforcement action as set forth in subdivisions two, three and four of\nthis section. In such event, any penalties or fines collected shall be\ndeposited with the applicable village or town to be maintained in a\nsegregated account to be used exclusively for the acquisition of real\nproperty or transferable development rights interests or capital\nprojects associated with enhancement and/or restoration of the natural\nresources and ecosystems located within the Central Pine Barrens Area.\n  2. Civil penalties. (a) For a violation that takes place in the "core\npreservation area" as defined in subdivision eleven of section 57-0107\nof this title, any person who violates any provision of this title, the\nland use plan adopted by the commission, any regulation promulgated by\nthe commission, or the terms or conditions of any order, permit, or\ndetermination issued by the commission pursuant to this title shall be\nliable for a civil penalty of not more than twenty-five thousand dollars\nfor each violation and an additional civil penalty of not more than one\nthousand dollars for each day that such violation continues.\n  (b) For a violation that takes place in the "compatible growth area"\nas defined in subdivision twelve of section 57-0107 of this title, any\nperson who violates any provision of this title, the land use plan\nadopted by the commission, any regulation promulgated by the commission,\nor the terms or conditions of any order, permit, or determination issued\nby the commission pursuant to this title shall be liable for a civil\npenalty of not more than ten thousand dollars for each violation and an\nadditional civil penalty of not more than one thousand dollars for each\nday that such violation continues.\n  3. Criminal penalties. (a) For a violation that takes place in the\n"core preservation area" as defined in subdivision eleven of section\n57-0107 of this title, any person who willfully or intentionally\nviolates any provision of this title, the land use plan adopted by the\ncommission, any regulation promulgated by the commission, or the terms\nor conditions of any order, permit, or determination issued by the\ncommission pursuant to this title shall be guilty of a misdemeanor\npunishable by a fine of not more than twenty-five thousand dollars for\neach violation and an additional fine of not more than one thousand\ndollars for each day that such violation continues.\n  (b) For a violation that takes place in the "compatible growth area"\nas defined in subdivision twelve of section 57-0107 of this title, any\nperson who willfully or intentionally violates any provision of this\ntitle, the land use plan adopted by the commission, any regulation\npromulgated by the commission, or the terms or conditions of any order,\npermit, or determination issued by the commission pursuant to this title\nshall be guilty of a misdemeanor punishable by a fine of not more than\nten thousand dollars for each violation and an additional fine of not\nmore than one thousand dollars for each day that such violation\ncontinues.\n  4. Additional remedies. (a) Alternatively, or in addition to an action\nseeking civil penalties or criminal fines or imprisonment as provided by\nsubdivisions two and three of this section, the commission, the Suffolk\ncounty district attorney or the attorney general may institute any\nappropriate action or proceeding to prevent, restrain, enjoin, correct,\nor abate any violation of, or to enforce, any provision of this title,\nthe land use plan adopted by the commission, any regulation promulgated\nby the commission, or the terms or conditions of any order, permit, or\ndetermination issued by the commission pursuant to this title. The court\nin which the action or proceeding is brought may order the person\nresponsible for the violation to take such affirmative measures as are\nnecessary to correct or remediate the violation. Such an action or\nproceeding may also seek restitution for any such violation.\n  (b) In addition to the penalties set forth in subdivisions two and\nthree of this section, a police officer or peace officer may immediately\nimpound any all-terrain vehicle, as defined in section twenty-two\nhundred eighty-one of the vehicle and traffic law, provided that such\nseizure is conducted pursuant to section five hundred eleven-b of the\nvehicle and traffic law. A five hundred dollar surcharge may be added to\nany such impoundment.\n
N.Y. EDN Law § 669-G — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 669-G
The New York state achievement and investment in merit scholarship (NY-AIMS)
Status: in_force

§ 669-g. The New York state achievement and investment in merit\nscholarship (NY-AIMS). 1. Purpose. The New York state achievement and\ninvestment in merit scholarship (NY-AIMS) is hereby established for the\npurpose of granting merit based scholarship awards to New York state\nhigh school graduates who achieve academic excellence.\n  2. Eligibility. To be eligible for such awards, an applicant must have\ngraduated from a New York state high school, enrolled in an approved\nundergraduate program of study in a New York state post-secondary\ninstitution beginning in the two thousand fifteen--two thousand sixteen\nacademic year or thereafter, and achieved at least two of the following\nduring high school:\n  a. graduated with a grade point average of 3.3 or above;\n  b. graduated with a "with honors" distinction on a New York state\nregents diploma or received a score of 3 or higher on two or more\nadvanced placement examinations; or\n  c. graduated within the top fifteen percent of their high school\nclass, provided that actual class rank may be taken into consideration.\n  3. Priority. a. Such awards shall be made to eligible applicants in\nthe following priority:\n  (i) first, to applicants who have received payment of an award\npursuant to this section in a prior year and remain in good academic\nstanding; and\n  (ii) second, to applicants in descending order based on the unmet need\nto reach the full cost of attendance as indicated on the financial aid\naward letter.\n  However, in the program's first year, first priority shall be in\naccordance with subparagraph (ii) of this paragraph.\n  b. In the event that there are more applicants who have the same\npriority than there are remaining scholarships, the president shall\ndistribute the remaining number of such scholarships by means of a\nlottery or other form of random selection.\n  c. In each year, the awards made shall be proportionate to the total\napplications received for students accepted for undergraduate study at\npublic and private not-for-profit degree granting institutions.\n  4. Awards. Within amounts appropriated therefor, the president shall\ngrant an annual award to eligible applicants on a competitive basis\npursuant to subdivisions two and three of this section in the amount of\nfive hundred dollars for not more than four academic years of\nundergraduate study, or five academic years, if the program of study\nnormally requires five years as defined by the commissioner pursuant to\narticle thirteen of this chapter. Up to five thousand awards may be\ngranted to new recipients annually.\n  5. Offset. Such awards may be used to offset the applicant's total\ncost of attendance determined for federal Title IV student financial aid\npurposes.\n  6. Rules. The corporation is authorized to promulgate rules and\nregulations, and may promulgate emergency regulations, necessary for the\nimplementation of the provisions of this section.\n
N.Y. PBA Law § 1020-E — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-E
Officers and employees; expenses
Status: in_force

* § 1020-e. Officers and employees; expenses. The board, or the\nchairman pursuant to authority duly delegated to him, from time to time\nshall hire, without regard to any personnel or civil service law, rule\nor regulation of the state and in accordance with guidelines adopted by\nthe authority such employees and consultants, including without\nlimitation those in the areas of engineering, marketing, finance,\nappraisal, accounting and law, as it may require for the performance of\nits duties and shall prescribe the duties and compensation of each\nofficer and employee, provided, however, that if any such employees are\nhired as a consequence of an acquisition of all the stock or assets of\nLILCO, they shall be hired subject and be entitled to all applicable\nprovisions of (i) any existing contract or contracts with labor unions\nand (ii) all existing pension or other retirement plans. Notwithstanding\nthe provisions of any general, special or local law, the board may\ndetermine that, if any pension or retirement plan becomes inapplicable\nor is terminated, all or such class or classes of employees of the\nauthority as the board may determine may elect to become members of the\nNew York state employees' retirement system on the basis of compensation\npayable to them by the authority.\n  * NB There are 2 § 1020-e's\n
N.Y. PBH Law § 2200 — New York Code / Act PBH / Article 22 / Title 1 / Section 2200
Tuberculosis; definitions and explanation of terms
Status: in_force

§ 2200. Tuberculosis; definitions and explanation of terms. 1. (a)\nState residence. Under the conditions hereinafter specified, any person\nwho has resided in the state of New York continuously for at least one\nyear immediately preceding the date of admission to a hospital for the\ncare and treatment of tuberculosis shall be deemed to have state\nresidence.\n  (b) State residence so acquired shall continue until such person shall\nhave removed from the state and remained therefrom for one year;\nprovided, however, that no person shall lose state residence by absence\nfrom the state while serving in the armed forces of the United States or\nin the United States merchant marine, or while attached to and serving\nwith the armed forces of the United States and, provided, further, that\nno member of the family of any such person shall lose state residence by\nabsence from the state while living with or near such person during the\nperiod of such service and on account thereof.\n  2. Local residence. Under the conditions hereinafter specified, any\nperson with state residence as herein defined who has also resided\nwithin a county of the state or in the city of New York continuously for\nat least six months preceding the date of admission to a hospital for\nthe care and treatment of tuberculosis shall be deemed to have local\nresidence in such county or in the city of New York, as the case may be.\n  3. Qualification on residence. The continuous residence required to\nacquire either state residence or local residence shall not include any\nperiod during which the person was (a) a patient in a hospital, or (b)\nan incarcerated individual of any public institution, incorporated\nprivate institution, or private tuberculosis home, cottage or hospital,\nor (c) residing on any military reservation. If, however, the periods of\nresidence immediately prior and subsequent to the periods specified in\n(a), (b), or (c) shall together equal the required period of residence,\nsuch person shall be deemed to have the required continuous residence.\n  4. State charge. State charge shall mean any person suffering from\ntuberculosis or suspected of having tuberculosis and in need of\ntuberculosis hospital care and treatment therefor who is:\n  (a) without state residence;\n  (b) with state residence but without local residence;\n  (c) an Indian or member of his family residing upon any Indian\nreservation in the state.\n  5. Local charge. Local charge shall mean any person suffering from\ntuberculosis or suspected of having tuberculosis and in need of\ntuberculosis hospital care and treatment therefor who has acquired local\nresidence, as defined in this article.\n
N.Y. MDW Law § 176 — New York Code / Act MDW / Article 6 / Title 1 / Section 176
Cooking spaces
Status: in_force

§ 176. Cooking spaces. If space exists or is provided for cooking,\nsuch space shall comply with the provisions of section thirty-three.\n
N.Y. PBH Law § 2508 — New York Code / Act PBH / Article 25 / Title 1 / Section 2508
Newborn health and safe sleep study
Status: in_force

§ 2508. Newborn health and safe sleep study. There shall be\nestablished in the department, by the commissioner, a newborn health and\nsafe sleep study designed to reduce infant mortality rates across the\nstate and enhance existing strategies to improve safe sleep practices.\nThe department, in consultation with health care providers, hospitals,\nsafe sleep product manufacturers, provider groups, the New York state\noffice of children and family services, and any other person or entity\nthe commissioner deems necessary, shall conduct a study on the\neffectiveness of existing safe sleep practices and identify additional\nsafe sleep practices that reduce infant mortality rates. The study shall\ninclude a review of baby boxes and other products aimed at encouraging\nsafe and healthy sleep practices. The department shall report to the\nlegislature within twelve months of the effective date of this section\non the results of this study. Within twelve months after the completion\nof the study, the department shall conduct a pilot program aimed at\nimproving caregiver education and continued safe sleep practices in\ncounties or areas with high infant mortality rates, and also shall\npursue available funding options and make efforts to establish a\npublic-private partnership with organizations that promote such causes\nor manufacture such products in order to seek to obtain donations for\nthese purposes.\n
N.Y. PBH Law § 206-A — New York Code / Act PBH / Article 2 / Title 1 / Section 206-A
Discrimination in hospital staff appointments and privileges prohibited
Status: in_force

§ 206-a. Discrimination in hospital staff appointments and privileges\nprohibited.  1. It shall be an unlawful discriminatory practice for the\ngoverning body of a hospital\n  a. To deny to or to withhold from a physician, dentist or podiatrist\nstaff membership or professional privileges in a hospital because of his\nparticipation in any medical group practice, non-profit health insurance\nplan, or comprehensive health services plan offered by a health\nmaintenance organization authorized by the laws of the state; or\n  b. To exclude or to expel a physician, dentist or podiatrist from\nstaff membership or to curtail, terminate or diminish in any way a\nphysician's, dentist's or podiatrist's professional privileges in a\nhospital because of his participation in any medical group practice,\nnon-profit health insurance plan, or comprehensive health services plan\noffered by a health maintenance organization authorized by the laws of\nthe state.\n  2. Any person claiming to be aggrieved by an unlawful discriminatory\npractice defined by this section may, by himself or his attorney, make,\nsign and file with the commissioner a verified complaint in writing\nwhich shall state the name and address of the hospital whose governing\nbody is alleged to have committed the unlawful discriminatory practice\ncomplained of and which shall set forth the particulars thereof and\ncontain such other information as may be required by the commissioner.\n  3. After the filing of any such complaint, the commissioner shall\ndesignate a deputy commissioner or other officer of the department to\nmake a prompt investigation in connection therewith; and if such\ndesignee shall determine after investigation that probable cause exists\nfor crediting the allegations of the complaint, he shall immediately\nendeavor to eliminate the unlawful discriminatory practice by\nconference, conciliation and persuasion.\n  4. In case of a failure so to eliminate such practice, or in advance\nthereof as in his judgment circumstances so warrant, the commissioner\nshall cause to be issued a written notice together with a copy of the\ncomplaint, as the same may have been amended, requiring each member of\nthe governing body of the hospital in question (or such member or\nmembers thereof as in his judgment are warranted), hereinafter sometimes\nreferred to as respondent, to answer charges of such complaint at a\nhearing before him (or before a deputy commissioner or other officer of\nthe department other than the designee who investigated the complaint),\nhereinafter referred to as hearing officer, at a time and place to be\nspecified in such notice.\n  5. The respondent may file a written verified answer to the complaint\nand appear at such hearing in person or otherwise with or without\ncounsel and submit testimony.\n  6. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non such respondent an order requiring such respondent to cease and\ndesist from such unlawful discriminatory practice.\n  7. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has not engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non the complainant an order dismissing the said complaint as to such\nrespondent.\n  8. The commissioner shall establish rules of practice to govern,\nexpedite and effectuate the foregoing procedure and the actions to be\ntaken thereunder.\n  9. Any complaint filed pursuant to this section must be so filed\nwithin ninety days after the alleged act of discrimination.\n  10. Any complainant, respondent or other person aggrieved by such\norder of the commissioner may obtain judicial review thereof, and the\ncommissioner may obtain an order of court for its enforcement, in a\nproceeding as provided in this subdivision. Such proceeding shall be\nbrought in the supreme court of the state within any county wherein the\nunlawful discriminatory practice which is the subject of the\ncommissioner's order occurs or wherein any person required in the order\nto cease and desist from a unlawful discriminatory practice resides or\ntransacts business. The findings of the hearing officer as to the facts\nshall be conclusive if supported by substantial evidence on the record\nconsidered as a whole. All such proceedings shall be heard and\ndetermined by the court and any appellate court as expeditiously as\npossible and with lawful precedence over other matters.\n  11. The following words, as used in this section, shall have the\nfollowing meanings unless the context otherwise requires:\n  a. "Governing body" means the group or the individual ultimately\nresponsible for a hospital's general policies with respect to staff\nmembership and professional privileges and shall include, but not\nlimited to, a board of trustees, a board of directors, a board of\ngovernors, a board of managers, a medical board, a director or any other\nofficial of a hospital with comparable responsibilities.\n  b. "Hospital" means an institution for the care and treatment of the\nsick and injured, equipped with the technical facilities, medical,\nnursing and other professional and technical personnel necessary for\ndiagnosis and treatment of persons suffering from sickness or injury\nwhich requires bed care.\n  c. "Medical group practice" means the practice of medicine by\nphysicians as partners or in groups with fees and moneys received for\nprofessional services furnished by any individual physician, member or\nemployee of such partnership or group pooled and redistributed in\naccordance with a partnership or other agreement.\n  d. "Non-profit health insurance" means insurance issued by a\nnon-profit medical expense indemnity corporation in accordance with\narticle forty-three of the insurance law.\n  e. "Health maintenance organization" means such organization as\ndefined in article forty-four of this chapter.\n  f. "Comprehensive health services plan" means such plan as defined in\narticle forty-four of this chapter.\n
N.Y. EDN Law § 508 — New York Code / Act EDN / Title 1 / Article 11 / Section 508
Investment of funds; interest; accounts; reports
Status: in_force

§ 508. Investment of funds; interest; accounts; reports. 1. The\nmembers of the retirement board shall be the trustees of the several\nfunds created by this article, and shall determine from time to time\nwhat part of the moneys belonging to the retirement system shall be\ninvested. When such board shall determine upon the investment of any\nmoneys or upon the conversion or sale of any securities, it shall, by\nresolution duly adopted by a majority vote of the members of the board,\ndirect the custodian to so invest the moneys or convert or sell the\nsecurities.  Investments shall be made only in securities in which the\ntrustees of a savings bank may invest the moneys deposited therein as\nprovided by law except that the retirement system shall have the\nauthority to own any of its nominee corporations organized pursuant to\nsubdivision seventeen of this section. It shall be the duty of the\ncustodian to collect the interest thereon as the same becomes due and\npayable and also the principal thereof and place the same when so\ncollected to the credit of the retirement system.\n  2. The retirement board shall annually allow regular interest on the\nmean amount for the preceding year in each of the funds created by this\narticle, excepting the expense fund. The amount so allowed shall be\npayable to said funds and shall be annually credited thereto by the\nretirement board. All interest earned upon the entire amount of the\nfunds belonging to the retirement system shall be used for this purpose,\nunless the amount so earned is in excess of the requirements, in which\ncase the excess amount shall be credited to the pension accumulation\nfund. Any deficiency in the amount required to cover the interest\nrequirements of the funds, exclusive of the pension accumulation fund,\nshall be paid from the pension accumulation fund.\n  3. Except as herein provided, no member nor employee of the retirement\nboard shall have any interest direct or indirect in the gains or profits\nof any investment made by the board nor as such directly or indirectly\nreceive any pay or emolument for his services. And no member nor\nemployee of the said board directly or indirectly, for himself or as an\nagent or partner of others, nor a corporation of which he is an officer,\nstockholder or member, shall borrow any of its funds or deposits or in\nany manner use the same except to make such current and necessary\npayments as are authorized by the board; nor shall any member or\nemployee of said board become an endorser or surety or become in any\nmanner an obligor for moneys loaned by or borrowed of the board. Nothing\nherein contained shall be construed to prevent a member or an employee\nof the retirement board, who is also a member of the retirement system,\nfrom borrowing from his accumulated contributions in the retirement\nsystem in accordance with section five hundred twelve-b of this article.\n  4. The retirement board shall provide for maintenance of an individual\naccount with each member showing the amount of the member's\ncontributions and the interest accumulations thereon. It shall report\nannually to each member who has furnished the board with a mailing\naddress the accumulated contributions credited to such account together\nwith the amount of service then credited to the member. It shall collect\nand keep in convenient form such data as shall be necessary for the\npreparation of the required mortality and service tables, and for the\ncompilation of such other information as shall be required for the\nactuarial valuation of the assets and liabilities of the various funds\ncreated by this article. Upon the basis of the mortality and service\nexperience of the members and beneficiaries of the system, the\nretirement board from time to time shall adopt the tables to be used for\nvaluation purposes and for determining the amount of annuities to be\nallowed on the basis of the contributions of members.\n  5. At such time as the retirement board may deem it necessary and at\nleast once each quinquennial period, the retirement board shall have its\nactuary prepare a report showing a complete valuation of the present and\nprospective assets and liabilities of the various funds created by this\narticle with the exception of the expense fund. The actuary shall make\nan investigation of the mortality and service experience of the members\nof the retirement system and shall report fully upon its conditions as\nwell as estimated future investment earnings with such recommendations\nas he shall deem advisable for the information of the retirement board\nin the proper operation of the retirement system.\n  6. The records of the retirement board shall be open to public\ninspection.\n  7. The retirement board shall publish annually a report showing the\ncondition of the various funds created by this article, certifying to\nthe accumulated cash and securities of the funds and giving an account\nof the operation of the system.\n  8. The retirement system may use a part of its funds, not exceeding\nten per centum of its net assets, (1) for purchasing or leasing of land\nwithin the county of Albany and the construction thereon of a suitable\noffice building or buildings for the transaction of the business of the\nretirement system and (2) for purchasing or leasing of land in the\ncities of Albany, Binghamton, New York, Rochester and Utica and the\nconstruction thereon of a suitable office building or buildings for\npurposes of lease or sale to the state and (3) for purchasing or leasing\nof land in locations approved by the state university trustees and the\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof suitable buildings or facilities thereon for purposes of lease or\nsale to the state university construction fund, such buildings or\nfacilities to be used by the state university or by state-operated\ninstitutions or statutory or contract colleges under the jurisdiction of\nthe state university or by the students, faculty and staff of the state\nuniversity or of any such state-operated institution or statutory or\ncontract college, and their families.\n  The retirement system from time to time may lease to any public agency\nany portion of a building constructed for the transaction of its\nbusiness which may not be required for such purpose, upon such terms and\nconditions as shall be deemed to be for the best interest of the\nretirement system.\n  Real property of the retirement system acquired or constructed\npursuant to this subdivision shall be exempt from taxation as provided\nin the real property tax law.\n  10. The retirement system may invest, within the limitations\nauthorized for investments in conventional mortgages, a part of its\nfunds in first mortgages on real property located anywhere within the\nboundaries of the United States and leased to the government of the\nUnited States, provided however, that no such investment shall be made\nunless the terms of the mortgage shall provide for amortization payments\nin an amount sufficient to completely amortize the loan within the\nperiod of the lease.\n  11. The funds of the retirement system may be invested in the purchase\nof promissory notes or bonds from the farmers home administration issued\nin connection with the purchase or improvement of real property and\nwhich are insured by the farmers home administration.\n  13. Where any benefit accruing under the provisions of this article is\npayable to a minor, incompetent, or any other person under a legal\ndisability and no guardian of the property, committee or other such\nlegal representative is duly appointed within six months of the date the\nbenefit accrues to such person, the retirement board shall be authorized\nto adopt rules and regulations providing for a savings account to be\nestablished for each such person to which shall be paid the amounts of\nsuch benefits due and owing to such persons. Interest shall be credited\nto each savings account established pursuant to this subdivision in the\nsame manner and amount as is credited to the accumulated contributions\nof members in their individual accounts in the annuity savings fund\npursuant to this article. The funds in such accounts shall be payable,\nwithin a reasonable time after proper notification to the system, to a\nguardian of the property, committee or other such legal representative\nafter such person is duly appointed or to the beneficiary once the legal\ndisability is removed. A payment made pursuant to the provisions of this\nsubdivision shall release the system from any liability whatsoever.\n  14. The retirement board is hereby authorized to buy securities under\nan agreement providing for the repurchase thereof. The retirement board\nis also authorized to assign commitments to invest system funds pursuant\nto an agreement providing for the subsequent purchase of such\ninvestments.  The securities purchased pursuant to this subdivision\nshall meet the eligibility standards prescribed for such class of\ninvestments.\n  15. During the period ending June thirtieth, nineteen hundred\nseventy-seven, the retirement board is authorized, in order to obtain\nthe funds necessary to make investments without the conversion or sale\nof securities it holds, to borrow an amount not exceeding the amount to\nbe invested, upon such terms and conditions as the board, by resolution,\nshall approve, which terms may include the pledge of any assets of such\nsystem as may be necessary to secure the repayment of the amount\nborrowed, provided that the total amount of such borrowing at no time\nshall exceed five per centum of the system's assets.\n  16. (a) The retirement system is authorized to photograph,\nmicrophotograph, film, record, copy, image or otherwise reproduce all or\nany part of its records by any process which accurately reproduces or\nforms a durable medium for reproducing any original document or record.\nWhenever the retirement system shall have so reproduced such records and\nwhenever such reproductions or media have been placed in conveniently\naccessible files and provision has been made for preserving, examining\nand using the same, the retirement system may cause the original record\nwhich has been so reproduced to be disposed of or destroyed.\n  (b) Any reproduction or reproduction from any media authorized\npursuant to this subdivision shall have the same force and effect as the\noriginals thereof would have had and shall be deemed to be an original\nrecord for all purposes, including introduction in evidence in all\ncourts or administrative agencies. Duly certified or authenticated\ncopies of such reproductions shall be admitted in evidence equally with\nthe original reproductions.\n  (c) A duly authorized representative of the retirement system is\nhereby authorized to certify to the authenticity of any reproduction\nherein authorized and the retirement system shall make such charges\ntherefor as may be authorized by law.\n  17. Any real estate interests acquired by the retirement system\npursuant to this section, or pursuant to any other provision of law,\nshall be conveyed to it directly by name, or may be taken in the name of\na duly authorized nominee. The retirement system shall have the\nauthority to organize corporations for the purpose of carrying out the\nintent of this subdivision, and may make loans to said corporations for\nthe purpose of operating, preserving, or otherwise servicing any\nproperty being held by said corporations.\n  18. Notwithstanding any other provision of this section, the\nretirement board shall have the power to delegate to one or more\ninvestment managers its authority to invest moneys belonging to the\nretirement system. The term "investment managers" as used in this\nsubdivision shall include but not be limited to independent contractors\nselected by the retirement board.\n  19. Whenever a statute requires that a document must be filed or\nmoneys deposited with the system within a prescribed period of time or\nby a specified date in order for a member to be eligible for service\ncredit or a benefit from the system the document shall be deemed filed\nor the moneys deposited with the system on the date mailed if mailed to\nthe system either through (1) the United States postal service by\nregistered or certified mail or (2) such other equivalent postal mail\nservice as the retirement board may specifically permit by rule or\nregulation with a tracking service confirming a date of mailing.\nNotwithstanding the provisions hereof, no such document shall be deemed\nfiled or moneys deposited with the system on the mailing date unless\nactually received by the retirement system as the result of such\nmailing.\n
N.Y. EDN Law § 806-A — New York Code / Act EDN / Title 1 / Article 17 / Section 806-A
Driver education
Status: in_force

§ 806-a. Driver education. 1. Notwithstanding any other provision of\nlaw, all school districts providing instruction in driver education\nshall include in such instruction: (a) a driver safety component with an\nemphasis on the effects of alcohol and drug use, (b) instruction in\nmotorcycle safety awareness. The commissioner, upon approval by the\ncommissioner of motor vehicles, shall establish a curriculum for the\nalcohol and drug education component which shall include but not be\nlimited to: instruction describing the hazards of driving while impaired\nor intoxicated; the penalties for alcohol related motor vehicle\nviolations including sanctions set forth in the penal law that apply to\nhomicides and assaults arising out of the operation of a motor vehicle\nwhile intoxicated and those sanctions set forth in the vehicle and\ntraffic law relating to driving while intoxicated; and the medical,\nbiological and physiological effects of the consumption of alcohol and\ntheir impact on the operation of a motor vehicle.\n  2. The commissioner, upon approval of the commissioner of motor\nvehicles, shall establish by regulation a certification process by\ndriver education courses of the amount of time a holder of a class DJ or\nclass MJ learner's permit has spent operating a motor vehicle while\nunder the immediate supervision of a driver education teacher. A\ncertificate issued pursuant to this subdivision shall be deemed to be\nproof of all or a portion of the supervised driving experience required\nunder certification pursuant to paragraph (d) of subdivision two of\nsection five hundred two of the vehicle and traffic law.\n
N.Y. PBH Law § 203 — New York Code / Act PBH / Article 2 / Title 1 / Section 203
Commissioner; qualifications
Status: in_force

§ 203. Commissioner; qualifications.  The commissioner shall be a\nphysician, a graduate of an incorporated medical college, of at least\nten years' experience in the actual practice of his profession, and of\nskill and experience in public health duties and sanitary science.\n
N.Y. EDN Law § 315 — New York Code / Act EDN / Title 1 / Article 7 / Section 315
School district names
Status: in_force

§ 315. School district names. Each school district, other than a city\nschool district, shall, in accordance with the commissioner's\nregulations, adopt a simplified name as the legal name of the district.\nSuch name shall be submitted to the commissioner for prior approval and\nwhen such name shall be adopted it shall be filed with the commissioner.\nThe name of a central school district established or reorganized by an\norder of the commissioner pursuant to section eighteen hundred one of\nthis chapter may be changed by the board of education of such district,\nwith the prior approval of the commissioner, upon a written request by\nthe board of education filed with the commissioner not later than\nfourteen days prior to the date of the establishment or reorganization\nof the district and in accordance with the regulations of the\ncommissioner. The education department shall issue, on request,\ncertificates certifying the name of the district and the names of the\ntowns and counties in which the territory of the district is located, or\nin the case of school districts other than city school districts, which\nare wholly or partly located within a city, the names of the city, towns\nand counties in which the territory of the district is located.\n
N.Y. GOB Law § 11-102 — New York Code / Act GOB / Article 11 / Title 1 / Section 11-102
Liability of utilities for compensation for damages caused by interfering with, or delaying the progress of work under state public const...
Status: in_force

§ 11-102. Liability of utilities for compensation for damages caused\nby interfering with, or delaying the progress of work under state public\nconstruction contracts. 1. No utility shall interfere with, or delay the\nprogress of work under any contract with the state department, agency,\ndivision or board, for the construction, reconstruction or improvement\nof any highway, street, road, railroad grade crossing, bridge, tunnel,\nunderpass, overpass or other state contract work, by failing to remove\nor relocate its poles, wires, cables, conduits, pipes or any other\nfacilities or structures within the time schedule therefor by an\nagreement or under the terms of an agreement between the department,\nagency, division or board and the utility, or if no time is fixed by\nsuch an agreement or under the terms of such an agreement, within the\ntime fixed by the department, agency, division or board, by notice\nserved upon such utility by such state department, agency, division or\nboard.\n  2. If such notice is utilized, it shall describe the public\nimprovement and the geographical location thereof, the date of\ncommencement and the date of completion, if any, provided for by the\ncontract, the contractor's name and address, the manner in which and the\nextent to which the facilities and structures of the utility obstruct or\nprevent the contractor from progressing or performing the work\ncomprehended by the contract, and shall fix the date or time within such\nutility is required to remove or relocate its facilities or structures,\nspecifying the same, in order to provide the contractor with the site\nwhen required by the contractor for progressing or performing the work\npursuant to such state contract. Such notice shall be in writing and\nshall be served upon such utility either personally or by certified mail\nat its principal office or place of business in the county where the\nwork under such contract is to be performed, or, if there be no such\nprincipal office or place of business in such county, at the nearest\nprincipal office or place of business of such utility, outside of such\ncounty. In the event the utility to whom the aforesaid notice was\ndirected is for any reason unable, within the prescribed period, to\nremove or relocate said facilities or structures specified in the\nnotice, said utility shall immediately advise said department, agency,\ndivision or board and the contractor, in writing, of such inability, and\nin the same communication so advise said department, agency, division or\nboard, and the contractor of the approximate date that such removal or\nrelocation of facilities or structures could be effected; and shall\nfurther state the basis for the inability of said utility to remove or\nrelocate said facilities or structures within the time specified by the\nnotice served thereon by said department, agency, division or board. The\ndepartment, agency, division or board, after examining and considering\nthe utility's basis for establishing a different schedule for such\nremoval or relocation, shall, if such basis is reasonable, establish and\nnotify the utility of a revised schedule for completing such removal or\nrelocation.\n  3. In cases where the utility has been reimbursed for removal,\nrelocation, replacement or reconstruction pursuant to subdivision\ntwenty-four-b of section ten of the highway law, a utility failing to\ncomplete the removal or relocation of such structures or facilities\nwithin a period of thirty days beyond the time fixed therefor by the\nlatest time schedule established in accordance with this section, shall\nbe liable and responsible to any such contractor for any damages, direct\nor consequential, sustained by any such contractor as the result\nthereof, in an action to be brought by such contractor against such\nutility in a court of competent jurisdiction within two years from the\ntime fixed for the removal or relocation of such structures or\nfacilities. If an action is commenced against a utility, as heretofore\nprovided, said utility may interpose in its answer in such action any\ndefense available under the provisions of the civil practice law and\nrules. The unreasonableness of the time schedule imposed by the state\ndepartment, agency, division or board shall be an absolute defense by\nthe utility to any such action by the contractor. If, in any such\naction, the utility is found to owe nothing to the contractor, or if an\noffer of settlement is made by the utility which is not accepted by the\ncontractor and the resulting verdict against the utility is less than\nthe offer of settlement, then in either such event the total cost of the\nutility of litigation, including reasonable attorney's fees, shall be\npaid to the utility by the contractor.\n
N.Y. ELN Law § 3-100 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-100
New York state board of elections; membership; organization
Status: in_force

§ 3-100. New York state board of elections; membership; organization.\n1.  There is hereby created within the executive department a New York\nstate board of elections, hereafter referred to as the "state board of\nelections", composed of four commissioners appointed by the governor:\ntwo commissioners, one each from among not fewer than two persons\nrecommended by the chairman of the state committee of each of the major\npolitical parties; and two other commissioners, one upon the joint\nrecommendation of the legislative leaders, of one major political party,\nin each house of the legislature and one upon the joint recommendation\nof the legislative leaders, of the other major political party, in each\nhouse of the legislature. The commissioners shall be appointed for terms\nof two years each and in the same manner as their respective\npredecessors. A commissioner appointed to the board to fill a vacancy\ncaused other than by expiration of a term, shall serve for the balance\nof the unexpired term. In the event that there is a vacancy in the\noffice of the commissioner appointed on the recommendation of such\nlegislative leaders caused by expiration of term or otherwise, such\nlegislative leaders responsible for making the joint recommendation to\nfill such vacancy shall jointly recommend an individual to fill such\nvacancy and the governor shall make the appointment from such joint\nrecommendation within thirty days of receiving such joint\nrecommendation. In the event the governor does not act on such joint\nrecommendation within thirty days or objects to such joint\nrecommendation, then the legislative leaders making such joint\nrecommendation shall have the option of: (a) appointing the individual\nso jointly recommended as a commissioner, or (b) jointly recommending\nanother individual for appointment by the governor according to the\nprocedure outlined in this subdivision.\n  2. The two commissioners of the board appointed upon the\nrecommendation of the legislative leaders shall be co-chairs of the\nstate board of elections.\n  3. The commissioners of the state board of elections shall have no\nother public employment. The commissioners shall receive an annual\nsalary of twenty-five thousand dollars, within the amounts made\navailable therefor by appropriation. The board shall, for the purposes\nof sections seventy-three and seventy-four of the public officers law,\nbe a "state agency", and such commissioners shall be "officers" of the\nstate board of elections for the purposes of such sections. Within the\namounts made available by appropriation therefor, the state board of\nelections shall appoint two co-executive directors, and such other staff\nmembers as are necessary in the exercise of its functions, and may fix\ntheir compensation. The commissioners or, in the case of a vacancy on\nthe board, the commissioner of each of the major political parties shall\nappoint one co-executive director. Each co-executive director shall\nserve a term of four years. Any vacancy in the office of co-executive\ndirector shall be filled by the commissioners or, in the case of a\nvacancy on the board, the commissioner of the same major political party\nas the vacating incumbent for the remaining period of the term of such\nvacating incumbent.\n  3-a. There is established within the state board of elections the\noffice of chief enforcement counsel to head the division of election law\nenforcement. Such counsel shall serve in said office for a fixed term of\nfive years commencing September first, two thousand fourteen, and may\nonly be removed by the governor for substantial neglect of duty, gross\nmisconduct in office, or the inability to discharge the powers or duties\nof office, upon notice with an opportunity to be heard. The chief\nenforcement counsel shall have sole authority over personnel decisions\nwithin the enforcement division. All hiring decisions made by the chief\nenforcement counsel shall be made without regard to political\naffiliation. The chief enforcement counsel shall not hold any other\npublic office, be a party officer during his or her term of office, or\notherwise engage in outside employment. He or she shall be chosen by the\ngovernor which choice shall be confirmed by each house of the\nlegislature separately by a majority vote of the members elected to each\nhouse of the legislature.\n  4. For the purposes of meetings, three commissioners shall constitute\na quorum. The affirmative vote of three commissioners shall be required\nfor any official action of the state board of elections.\n  5. The principal office of the state board of elections shall be in\nthe county of Albany.\n
N.Y. EDN Law § 512 — New York Code / Act EDN / Title 1 / Article 11 / Section 512
Withdrawal and death benefits
Status: in_force

§ 512. Withdrawal and death benefits. Benefits upon withdrawal and\ndeath shall be payable as follows:\n  a. A member who withdraws from service or ceases to be a teacher for\nany cause other than death or retirement shall be paid on demand the\naccumulated contributions standing to the credit of his individual\naccount in the annuity savings fund. A member who has no accumulated\ncontributions credited to his individual account in the annuity savings\nfund and who ceases to be a teacher for any cause other than death or\nretirement may withdraw from membership in the system by filing a notice\nof withdrawal with the system pursuant to rules and regulations adopted\nby the retirement board.\n  b. 1. Should a contributor die before retirement, his accumulated\ncontributions shall be paid to his estate or to such person as he shall\nhave nominated to receive such benefit. In the event such designated\nbeneficiary does not survive him, or if he shall not have so designated\na beneficiary, such benefit shall be payable to the deceased member's\nestate or as provided in section one hundred three-a of the decedent\nestate law. Such nomination must be by written designation duly executed\nand filed with the retirement board.\n  2. In addition to the return of accumulated contributions, a death\nbenefit also shall be payable upon the death of a member who dies before\nthe effective date of his retirement, and was in service upon which his\nmembership was based when he died or was on the payroll in such service\nand paid within a period of twelve months prior to his death and had not\nbeen otherwise gainfully employed since he ceased to be on such payroll\nor if, during the period that membership is valid, the retirement board\nshall determine to its satisfaction that said member was physically or\nmentally incapacitated for the performance of duty at the time he ceased\nto be on the payroll in such service and that he had been so\nincapacitated and had not been otherwise gainfully employed since he\nceased to be on such payroll; provided he had credit for one or more\nyears of service while actually a member. The amount of death benefit\nshall be computed by multiplying one twelfth of the compensation\nearnable by such member during his last twelve months of service while a\nmember by the number of years, not to exceed twelve, of his total credit\nfor service as a teacher in this state. Where the member has more than\ntwelve years of credited service as a teacher in this state and when his\ndeath occurs on or after July first, nineteen hundred sixty-one, and\nbefore July first, nineteen hundred seventy-four, there shall be added\nto such benefit one twenty-fourth of such compensation multiplied by the\nnumber of years in excess of twelve, but not to exceed twenty-four such\nyears, of his total credit for service as a teacher in the state. The\ndeath benefit shall be paid to such person as he shall have nominated to\nreceive such benefit. In the event such designated beneficiary does not\nsurvive him, or if he shall not have so designated a beneficiary, such\nbenefit shall be payable to the deceased member's estate or as provided\nin section one hundred three-a of the decedent estate law. Such\nnomination must be by written designation duly executed and filed with\nthe retirement board. The provisions of this paragraph two of\nsubdivision b of this section shall apply only to deaths occurring on\nand after July first, nineteen hundred fifty-nine.\n  3. Notwithstanding any other provisions of this article or any rules\nor regulations adopted thereunder by the retirement board, the death\nbenefit payable pursuant to paragraph two of this subdivision, in the\ncase of a member who dies after having become eligible to apply and be\nretired for special service or superannuation pursuant to the provisions\nof this article, shall be increased by the amount, if any, that the\nactuarial equivalent of the pension portion of his retirement allowance,\ncomputed as if he had been retired on the day immediately preceding his\ndeath, and computed in accordance with the provisions of subdivision two\nof section five hundred ten and subdivision four of section five hundred\neleven-a of this article, exceeds the amount of the death benefit\notherwise payable pursuant to paragraph two of this subdivision. The\nprovisions of this paragraph three of subdivision b of this section\nshall apply only to deaths occurring after the date on which said\nparagraph three becomes operative and prior to July first, nineteen\nhundred seventy-four.\n  4. Notwithstanding any other provision of this article, the\nrequirement of one or more years of credited service, as set forth in\nparagraph two of this subdivision, shall be deemed to have been\nsatisfied by any member who has credit for three or more months of\nservice rendered since last becoming a member. The provisions of this\nparagraph shall apply only to deaths occurring after June thirtieth,\nnineteen hundred seventy and before July first, nineteen hundred\nseventy-five.\n  5. Notwithstanding any other provision of this article, the death\nbenefit payable pursuant to paragraph two of this subdivision shall be\nincreased by the excess, if any, of the greater of a or b over the sum\nof c and d, where a, b, c and d are as set forth hereunder:\n  a. One-twelfth of the member's compensation multiplied by the number\nof years, not to exceed thirty-six, of his total credited state service.\n  b. The lesser of three times the member's compensation or twenty\nthousand dollars.\n  c. The death benefit which, in accordance with the provisions of\nparagraph two of this subdivision, is payable in addition to the return\nof accumulated contributions.\n  d. The reserve for increased-take-home-pay.\n  The term "compensation", as used in this subparagraph, shall mean (1)\nin the case of a member who has credit for one or more years of service\nrendered since last becoming a member, the compensation earned by such\nmember during his last twelve months of service, and (2) in the case of\na member who has credit for less than one year of service rendered since\nlast becoming a member, it shall mean his annual rate of compensation at\nthe time of his death. The provisions of this paragraph shall apply only\nto deaths occurring after June thirtieth, nineteen hundred seventy and\nbefore July first, nineteen hundred seventy-five. The additional death\nbenefits payable hereunder shall be construed as being payable under\nparagraph two of this subdivision for the purpose of computing benefits\npayable under paragraph three of this subdivision.\n  c. The member or, within ninety days after his death, the person\nnominated by him to receive any benefit payable on his account, may file\nwith the retirement board a written designation, duly executed,\nproviding that such benefit shall be paid in the form of an annuity to\nthe person so nominated. Such annuity shall be determined as the\nactuarial equivalent of the benefit otherwise payable, on the basis of\nthe interest rate and the mortality tables adopted by the retirement\nboard for use in the calculations of such annuities. Such annuity shall\nbe payable throughout the life of the person so nominated, with no\npayments at his death unless the member or, within ninety days after his\ndeath, the person nominated by him to receive his benefit, shall elect\nto have the actuarial equivalent of such annuity paid in the form of a\nreduced annuity payable for life with the provision that if the person\nso nominated should die before the annuity payments received by him are\nequal to such actuarial equivalent, the balance thereof shall be paid in\na lump sum to such beneficiary's estate or to such person as such member\nor his nominee shall have designated. Such designation of a beneficiary\nto receive such benefit may be made or changed at any time by the person\nwho made it. Such election or change shall be made by written\ndesignation duly executed and filed with the retirement board.\nNotwithstanding the foregoing provisions, the retirement board reserves\nthe right to pay any benefit in the form of a lump sum payment if the\nannuity determined as the actuarial equivalent of the benefit otherwise\npayable is less than one hundred dollars per month.\n  d. 1. The retirement board may adopt rules and regulations providing\nthat a trustee of an inter vivos or testamentary trust shall be eligible\nto be nominated to receive a lump sum benefit pursuant to subdivision b\nof this section.\n  2. Any proceeds received by a trustee under this section shall not be\nsubject to the debts of the member or to transfer or estate taxes to any\ngreater extent than if such proceeds were payable to the beneficiaries\nnamed in the trust and not to the estate of the member.\n  3. A payment made in good faith under this section to either a\ndesignated trustee of an inter vivos trust, a successor trustee of an\ninter vivos trust who provides a copy of his appointment or a trustee of\nsuccessor trustee of a testamentary trust who provides a copy of the\nletters of trusteeship shall be a complete discharge to the system to\nthe extent of the payment.\n  4. If no qualified trustee claims the proceeds within eighteen months\nafter the death of the member, or if satisfactory evidence is furnished\nwithin such period showing that there is or will be no trustee to\nreceive the proceeds, payment shall be made to the deceased member's\nestate.\n  e. Notwithstanding any other provision of law, a member with ten or\nmore years of credited service in such system who dies before a\nretirement benefit becomes payable and who is otherwise not entitled to\na death benefit from the retirement system shall be deemed to have died\non the last day that he or she was in service upon which his or her\nmembership was based for purposes of eligibility for the payment of a\ndeath benefit pursuant to the provisions of this section. The death\nbenefit payable in such case shall be one-half of that which would have\nbeen payable had such member died on the last day that service was\nrendered.\n  f. Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for the death benefit\npayable pursuant to this section, a person subject to this section shall\nbe considered to have died while in teaching service provided such\nperson was in such service at the time he or she was ordered to active\nduty pursuant to Title 10 of the United States Code, with the armed\nforces of the United States or to service in the uniformed services\npursuant to Chapter 43 of Title 38 of the United States Code and died\nwhile on such active duty or service in the uniformed services on or\nafter June fourteenth, two thousand five. Provided, further, that any\nsuch person ordered to active duty pursuant to Title 10 of the United\nStates Code, with the armed forces of the United States or to service in\nthe uniformed servicers pursuant to Chapter 43 of Title 38 of the United\nStates Code who died prior to rendering the minimum amount of service\nnecessary to be eligible for this benefit shall be considered to have\nsatisfied the minimum service requirement.\n  g. Notwithstanding any other provision of law to the contrary, any\nmember of the retirement system subject to article fourteen or fifteen\nof the retirement and social security law who has permanently ceased\nteaching shall have the right to elect the return of his or her\naccumulated contributions and thereby terminate his or her membership in\nthe retirement system without regard to the amount of service to his or\nher credit, provided a public employee retirement system in another\nstate has certified in a manner satisfactory to the system that such\nmember is a member of such other retirement system, has at least five\nyears of retirement credit in such other system, and is eligible, upon\nthe termination of his or her membership in the system, to obtain\nretirement credit in such other retirement system for the service which\nhas been credited to his or her membership in the system. Upon refund of\nsuch accumulated contributions, any and all obligations of the\nretirement system to such member shall be totally discharged. The\nretirement board is authorized to adopt such rules and regulations as\nmay be necessary to implement this subdivision.\n
N.Y. ENV Law § 11-0103 — New York Code / Act ENV / Article 11 / Title 1 / Section 11-0103
Definitions
Status: in_force

§ 11-0103. Definitions.\n  As used in the Fish and Wildlife Law:\n  1. a. "Fish" means all varieties of the super-class Pisces.\n  b. "Food fish" means all species of edible fish and squid\n(cephalopoda).\n  c. "Migratory fish of the sea" means both catadromous and anadromous\nspecies of fish which live a part of their life span in salt water\nstreams and oceans.\n  d. "Fish protected by law" means fish protected, by law or by\nregulations of the department, by restrictions on open seasons or on\nsize of fish that may be taken.\n  e. Unless otherwise indicated, "Trout" includes brook trout, brown\ntrout, red-throat trout, rainbow trout and splake. "Trout", "landlocked\nsalmon", "black bass", "pickerel", "pike", and "walleye" mean\nrespectively, the fish or groups of fish identified by those names, with\nor without one or more other common names of fish belonging to the\ngroup. "Pacific salmon" means coho salmon, chinook salmon and pink\nsalmon.\n  * f. "Speargun" and "under-water gun" means any speargun that stores\npotential energy provided from the spearfisher's muscles only and is\nused while submerged under the water. Such gun may only release that\namount of energy that the diver has provided to it from such diver's own\nmuscles. Common temporary energy storing devices for spearguns shall\ninclude, but not be limited to: rubber bands, springs, and sealed air\nchambers.\n  * NB Repealed June 1, 2029\n  2. "Game" is classified as (a) game birds; (b) big game; (c) small\ngame.\n  a. "Game birds" are classified as (1) migratory game birds and (2)\nupland game birds.\n  (1) "Migratory game birds" means the Anatidae or waterfowl, commonly\nknown as geese, brant, swans and river and sea ducks; the Rallidae,\ncommonly known as rails, American coots, mud hens and gallinules; the\nLimicolae or shorebirds, commonly known as woodcock, snipe, plover,\nsurfbirds, sandpipers, tattlers and curlews; the Corvidae, commonly\nknown as jays, crows and magpies.\n  (2) "Upland game birds" (Gallinae) means wild turkeys, grouse,\npheasant, Hungarian or European gray-legged partridge and quail. Grouse\nmeans ruffed grouse and every member of the grouse family. Pheasant\nmeans the ring-necked, dark-necked and mutant pheasants and all species\nand subspecies of the genus Phasianus representing the true or game\npheasants.\n  b. "Big game" means deer, bear, moose, elk, except captive bred and\nraised North American elk (Cervus elaphus), caribou and antelope.\n  c. "Small game" means black, gray and fox squirrels, European hares,\nvarying hares, cottontail rabbits, native frogs, native salamanders,\nnative turtles, native lizards, native snakes, coyotes, red fox (Vulpes\nvulpes) and gray fox (Urocyon cinereoargenteus) except captive bred red\nfox or gray fox, raccoon, opossum, or weasel, skunk, bobcat, lynx,\nmuskrat, mink, except mink born in captivity, fisher, otter, beaver,\nsable and marten but does not include coydogs.\n  3. "Wild game" means all game, except (a) domestic game bird and\ndomestic game animal as defined in subdivision 4; (b) carcasses of\nforeign game as defined in section 11-1717, imported from outside the\nUnited States; (c) game propagated or kept alive in captivity as\nprovided in section 11-1907 of this article; (d) game imported alive\npursuant to license of the department, or artificially propagated, until\nsuch game is liberated; and (e) game so imported or propagated when\nliberated for the purpose of a field trial and taken during the field\ntrial for which it was liberated.\n  4. a. "Domestic game bird" means ducks, geese, brant, swans,\npheasants, quail, wild turkey, ruffed grouse, Chukar partridge and\nHungarian or European gray-legged partridge, propagated under a domestic\ngame bird breeder's license pursuant to section 11-1901 or a shooting\npreserve license pursuant to section 11-1903, or propagated on a\npreserve or island outside the state under a law similar in principle to\ntitle 19 of this article.\n  b. "Domestic game animal" means white-tailed deer propagated under a\ndomestic game animal breeder's license pursuant to section 11-1905 or\npropagated on a preserve or island outside the state under a law similar\nin principle to title 19 of this article.\n  c. To qualify as such domestic game bird or domestic game animal, (1)\nlive game must be held in private ownership, on such licensed premises,\nand in the case of deer must be held on a preserve which is fenced, or\nis an island, as provided in section 11-1905, or must be held in\nconfinement in course of transportation, and (2) the carcasses or flesh\nof such game coming from outside the state must originate on premises\noperated by the holder of a domestic game certificate as provided in\nsection 11-1715.\n  5. a. "Unprotected wild birds" means the English sparrow and starling,\nand also includes pigeons and psittacine birds existing in a wild state,\nnot domesticated.\n  b. "Protected birds" means all wild birds except those named in\nparagraph a of this subdivision.\n  6. a. "Wildlife" means wild game and all other animal life existing in\na wild state, except fish, shellfish and crustacea.\n  b. "Wild bird" means birds which are "wildlife".\n  c. "Protected wildlife" means wild game, protected wild birds,\nprotected insects, species of special concern and endangered and\nthreatened species of wildlife designated by the department pursuant to\nsection 11-0535 of this article, species listed in section 11-0536 of\nthis article and species protected pursuant to section 11-0311 of this\narticle.\n  d. "Unprotected wildlife" means all wildlife which is not "protected\nwildlife".\n  e. "Wild animal" shall not include "companion animal" as defined in\nsection three hundred fifty of the agriculture and markets law. Wild\nanimal includes, and is limited to, any or all of the following orders\nand families:\n  (1) Nonhuman primates and prosimians,\n  (2) Felidae and all hybrids thereof, with the exception of the species\nFelis catus (domesticated and feral cats, which shall mean domesticated\ncats that were formerly owned and that have been abandoned and that are\nno longer socialized, as well as offspring of such cats) and hybrids of\nFelis catus that are registered by the American Cat Fanciers Association\nor the International Cat Association provided that such cats be without\nany wild felid parentage for a minimum of five generations,\n  (3) Canidae (with the exception of domesticated dogs and captive bred\nfennec foxes (vulpes zerda)),\n  (4) Ursidae,\n  (5) All reptiles that are venomous by nature, pursuant to department\nregulation, and the following species and orders: Burmese Python (Python\nm. bivittatus), Reticulated Python (Python reticulatus), African Rock\nPython (Python sabae), Green Anaconda (Eunectes maurinus), Yellow\nAnaconda (Eunectes notaeus), Australian Amethystine Python (Morelia\namethistina and Morelia kinghorni), Indian Python (Python molurus),\nAsiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus\nnilocitus), White Throat Monitor (Varanus albigularis), Black Throat\nMonitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus\nsalvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,\n  (6) Crocodylia.\n  7. "Protected insect" means any insect with respect to the taking of\nwhich restrictions are imposed by the Fish and Wildlife Law or\nregulations of the department pursuant thereto.\n  8. "Plumage" is defined in section 11-1729.\n  9. "Shellfish" means oysters, scallops, and all kinds of clams and\nmussels.\n  10. "Hunting" means pursuing, shooting, killing or capturing (other\nthan trapping as defined in subdivision 11) wildlife, except wildlife\nwhich has been lawfully trapped or otherwise reduced to possession, and\nincludes all lesser acts such as disturbing, harrying or worrying,\nwhether they result in taking or not, and every attempt to take and\nevery act of assistance to any other person in taking or attempting to\ntake wildlife.\n  11. "Trapping" means taking, killing and capturing wildlife with\ntraps, deadfalls and other devices commonly used to take wildlife, and\nthe shooting or killing of wildlife lawfully trapped, and includes all\nlesser acts such as placing, setting or staking such traps, deadfalls\nand other devices whether they result in taking or not, and every\nattempt to take and every act of assistance to any other person in\ntaking or attempting to take wildlife with traps, deadfalls or other\ndevices.\n  12. a. "Fishing" means the taking, killing, netting, capturing or\nwithdrawal of fish from the waters of the state by any means, including\nevery attempt to take and every act of assistance to any other person in\ntaking or attempting to take fish.\n  b. "Angling" means taking fish by hook and line. It includes bait and\nfly fishing, casting, trolling and also includes the use of landing nets\nin completing the catch of fish taken by hook and line. To constitute\n"angling" the taking must be in accordance with the following\nrequirements: (1) the operator must be present and in immediate\nattendance when lines are in the water;\n  * (2) one person may operate not more than two lines, with or without\nrod, except that one person may operate up to three lines in freshwater;\n  * NB Effective until December 31, 2027\n  * (2) one person may operate not more than two lines, with or without\nrod;\n  * NB Effective December 31, 2027\n(3) each line shall have not more than five lures or baits, or a\ncombination of both, and in addition each line shall have not exceeding\nfifteen single hooks, or seven double hooks, or five triple hooks, or\nany combination of such hooks, provided the total number of hook points\nthereof does not exceed fifteen. Angling does not include snatching or\nhooking or the use of tip-ups.\n  c. "Hooking", "snatching" or "snagging" means taking fish that have\nnot taken or attempted to take a bait or artificial lure into their\nmouth, by impaling fish with one or more hooks or similar devices,\nwhether or not baited, into any part of their body.\n  d. "Net" means a non-metallic fabric wrought or woven into meshes and\nincludes the types known as seine, gill, pound, trap, scap, fyke, dip,\nscoop and stake net.\n  e. "Spear" means a hand-propelled single or multiple pronged pike,\nblade or harpoon, and does not include the mechanically propelled device\ncommonly called a spear gun or under-water gun.\n  13. "Taking" and "take" include pursuing, shooting, hunting, killing,\ncapturing, trapping, snaring and netting fish, wildlife, game,\nshellfish, crustacea and protected insects, and all lesser acts such as\ndisturbing, harrying or worrying, or placing, setting, drawing or using\nany net or other device commonly used to take any such animal. Whenever\nany provision of the Fish and Wildlife Law permits "taking", the taking\npermitted is a taking by lawful means and in a lawful manner.\n  14. "Baiting" means the placing, exposing, depositing, distributing or\nscattering of shelled, shucked, or unshucked corn, wheat or other grain,\nsalt or other feed in such a manner as to lure, attract, or entice\nupland game birds to any area where hunters are attempting to take them;\n"baited area" means any area where shelled, shucked, or unshucked corn,\nwheat or other grain, salt or other feed whatsoever capable of luring,\nattracting, or enticing such birds is placed, exposed, deposited,\ndistributed or scattered.\n  15. "Marine district" means the waters described in section 13-0103.\n  16. a. "Northern Zone" as used in the Fish and Wildlife Law or in any\nregulation of the department pursuant thereto means that part of the\nstate situated northerly of a line commencing at a point at the north\nshore of the Salmon river and its junction with Lake Ontario and\nextending easterly along the north shore of that river to the village of\nPulaski, thence southerly along Route 11 to its intersection with Route\n49 in the village of Central Square, thence easterly along Route 49 to\nits junction with Route 365 in the city of Rome, thence easterly along\nRoute 365 to its junction with Route 28 in the village of Trenton,\nthence easterly along Route 28 to its junction with Route 29 in the\nvillage of Middleville, thence easterly along Route 29 to its junction\nwith Route 4, thence northerly along Route 4 to its junction with Route\n22, thence northerly and westerly along Route 22 to the eastern shore of\nSouth Bay on Lake Champlain in the village of Whitehall, thence\nnortherly along the eastern shore of South Bay to the New York-Vermont\nboundary.\n  b. "Southern Zone" as used in the Fish and Wildlife Law or in any\nregulation of the department pursuant thereto means that part of the\nstate not included in the "Northern Zone".\n  17. "Wilderness Hunting Areas" means the following areas:\n  a. South branch of Moose river--West Canada creek area. Commencing at\na point in the village of Indian Lake at the intersection of Route 28\nwith Route 30, thence southerly along Route 30 to the village of\nSpeculator and its junction with Route 8, thence westerly along Route 8\nto its junction with Route 287, thence westerly along Route 287 to its\nintersection with the Herkimer county line, thence northerly along the\nHerkimer county line to its intersection with Route 28 near the village\nof McKeever, thence northerly and easterly along Route 28 to the point\nof beginning.\n  b. Essex Chain Lakes area. Commencing with the village of Indian Lake\non Route 28, thence northwesterly on Route 28 to its junction with Route\n28-N at the village of Blue Mountain Lake, thence northerly along Route\n28-N to the village of Long Lake, thence easterly, and southerly along\nRoute 28-N to its junction with Route 28 in the village of North Creek,\nthence northwesterly along Route 28 to the point of beginning.\n  c. Cold River area. Commencing at the village of Long Lake, thence\nnortherly along Route 30 to its junction with Route 3 in the village of\nTupper Lake, thence easterly along Route 3 to its intersection with\nRoute 86 in the village of Saranac Lake, thence easterly along Route 86\nto its junction with Route 73 in the village of Lake Placid, thence\neasterly and southerly along Route 73 to its junction with Route 9,\nthence southerly along Route 9 to the village of Schroon River and the\njunction of the Blue Ridge road, thence westerly along the Blue Ridge\nroad through the village of Blue Ridge to its junction with the Tahawus\nroad, thence southerly along the Tahawus road to its junction with Route\n28-N, thence westerly along Route 28-N to the point of beginning.\n  d. Oswegatchie-Beaver river flow area and Independence river area.\nCommencing in the village of Blue Mountain Lake, thence westerly along\nRoute 28 through Old Forge to the intersection of Route 28 with the\nAdirondack state park boundary at the vicinity of White Lake, thence\nwesterly and northerly along the Adirondack state park boundary to the\npoint where said boundary crosses Route 3 between the villages of East\nPitcairn and Fine, thence easterly along Route 3 to its intersection\nwith Route 30 at the village of Tupper Lake, thence southerly along\nRoute 30 to the point of beginning.\n  e. Middle branch of Grass river area. Commencing in the village of\nCranberry Lake on Route 3, thence northeasterly along Route 3 to its\njunction with Route 56 near the village of Sevey, thence northerly along\nRoute 56 to its intersection with the Adirondack state park boundary\nsoutheast of the village of South Colton, thence west and south along\nsaid park boundary to its intersection with the Degrasse-Cranberry Lake\nroad, thence easterly and southerly along said road to its junction with\nRoute 3 approximately one mile west of the village of Cranberry Lake\nthence easterly along Route 3 to the point of beginning.\n  f. West branch of St. Regis river area. Commencing at the village of\nTupper Lake, thence northeasterly along Route 30 to the junction of the\nBrandon road leading from Paul Smiths to St. Regis Falls, thence\nwesterly and northerly along said Brandon road to its junction with\nRoute 72 about three miles west of the village of Santa Clara, thence\nnorthwesterly along Route 72 to its junction with the St. Regis-Lake\nOzonia road, thence southerly and westerly along the St. Regis-Lake\nOzonia road to Lake Ozonia, thence northerly and westerly along the Lake\nOzonia-Hopkinton road to its intersection with the Adirondack state park\nboundary, thence westerly, southerly, and westerly along the Adirondack\nstate park boundary to its intersection with the Parishville-Stark road,\nthence southerly along said road to the village of Stark, thence\nwesterly along the Stark-Hubbards road to its junction with Route 56,\nthence southerly along Route 56 to its junction with Route 3 near the\nvillage of Sevey, thence easterly along Route 3 to the point of\nbeginning.\n  18. "Inhabited" means a permanent occupancy by a species as contrasted\nwith a temporary presence of an occasional individual.\n  19. a. "Person" means an individual, a co-partnership, joint stock\ncompany or corporation.\n  b. In construing any provision of the Fish and Wildlife Law, gender\nand number shall be disregarded whenever necessary to give effect to the\npurpose of the provision.\n  c. A reference to the "immediate family" of a person means all persons\nwho are related by blood, marriage or adoption to the person whose\nimmediate family is referred to, and are domiciled in the house of such\nperson.\n  20. "Environmental conservation officer" includes sworn officers in\nthe division of law enforcement in the department.\n  21. "Carrier" means a person engaged in the business of transporting\ngoods, and includes a common carrier, contract carrier and private\ncarrier.\n  22. "Closed area" means any area of lands, or waters, or lands and\nwaters of the state, in which the taking of fish, wildlife or protected\ninsects, or one or more of them, is prohibited, or in which hunting,\nfishing or trapping, or one or more of them, is prohibited by the Fish\nand Wildlife Law, by proclamation of the Governor pursuant to section\n9-1101, or by rule or regulation of the department.\n  23. a. "Open season" means the time during which fish, game, wildlife,\nshellfish, crustacea or protected insects may be legally taken. "Closed\nseason" means the time during which they may not legally be taken.\n  b. Whenever an open season or a closed season is provided by the\nfixing of dates, such dates shall be deemed part of such open season or\nclosed season.\n  24. "Enclosed lands" or "wholly enclosed lands" means lands the\nboundaries of which may be indicated by wire, ditch, hedge, fence, road,\nhighway or water, or in any visible or distinctive manner which\nindicates a separation from the surrounding contiguous territory. Except\nas otherwise provided, any such indication of boundaries is sufficient\nto constitute the lands within the boundaries "enclosed".\n  25. "Hunting related incident" means the injury to or death of a\nperson caused by the discharge of a firearm, crossbow or longbow while\nthe person causing such injury or death, or the person injured or\nkilled, is taking or attempting to take game, wildlife or fish.\n  26. "Muzzle loading firearm" means a gun which is loaded through the\nmuzzle, shooting a single projectile and having a minimum bore of .44\ninch.\n  27. "Leashed tracking dog" means a leashed dog which has been\ncertified by the department pursuant to section 11-0928 of this chapter\nto track and find wounded or injured big game.\n  28. "Captive bred" means born in captivity.\n  29. "Non-native big game mammal" means a mammal species presently\nfound in the wild and hunted as big game that is:\n  a. Native or an original inhabitant of the continents of Africa, Asia,\nSouth America, Australia, or Europe, whether or not captive bred; or\n  b. A captive bred North American big game mammal including: cougar,\nwolf, bear, bison, big horn sheep, mountain goat, antelope, elk, musk\nox, mule deer, black tailed deer, caribou, and a domestic game animal as\ndefined in paragraph b of subdivision four of this section, provided,\nhowever, that nothing herein shall be deemed to expand, diminish, or\nalter the department's authority under existing statute or regulation to\nregulate the taking of big game as defined in paragraph b of subdivision\ntwo of this section or other protected wildlife as defined in paragraph\nc of subdivision six of this section.\n  30. "Facility" means any type of zoo, petting zoo, circus, game farm,\ngame preserve, or similar entity, or part thereof, where non-native big\ngame mammals are housed, held, fed or provided for in any manner.\n  31. "Pet" means an animal kept for the primary purpose of\ncompanionship that is normally maintained in or near the household of\nthe owner or person who cares for such domesticated animal.\n  32. "Wildlife sanctuary" means an organization as described in section\n170(b)(1)(A)(vi) of the Internal Revenue Code of 1986 and that is in\ncompliance with all applicable provisions of the Animal Welfare Act, 7\nUSC Sec. 2131 et seq. and operates a place of refuge where abused,\nneglected, unwanted, impounded, abandoned, orphaned, or displaced wild\nanimals are provided care for their lifetime or rehabilitated and\nreleased back to their natural habitat, and, with respect to any animal\nowned by the organization, does not:\n  a. Use the animal for any type of entertainment, recreational or\ncommercial purpose except for the purpose of exhibition as defined by\nthe department;\n  b. Sell, trade, lend or barter the animal or the animal's body parts;\nor\n  c. Breed the animal.\n  33. "Long bow" includes longbows, recurve bows, compound bows, and\ncrossbows.\n
N.Y. SOS Law § 138-A — New York Code / Act SOS / Article 5 / Title 1 / Section 138-A
Responsibility of the department for recipients in family care
Status: in_force

§ 138-a. Responsibility of the department for recipients in family\ncare.  1. Any inconsistent provision of this chapter or other law\nnotwithstanding, the department shall be responsible for furnishing\npublic assistance and care to mentally disabled persons residing in\nfamily care homes licensed by the office of mental health or the office\nfor people with developmental disabilities who are admitted to such\nfacilities in accordance with regulations of the office which licenses\nthe facility. However, the department may, at its option, discharge such\nresponsibility, in whole or in part, through social services districts\ndesignated to act as agents of the department. While so designated, a\nsocial services district shall act as agent of the department and shall\nbe entitled to reimbursement as provided in section one hundred\nfifty-three of this article.\n  2. The department shall possess and may exercise like powers and\nperform like duties in respect to the assistance and care of persons in\nfamily care as social services officials exercise and perform in\nrelation to persons in their respective jurisdictions.\n
N.Y. EDN Law § 755 — New York Code / Act EDN / Title 1 / Article 16 / Section 755
Loan of smart schools classroom technology
Status: in_force

§ 755. Loan of smart schools classroom technology. 1. In the several\ncities and school districts of the state, school authorities, as defined\nin subdivision twelve of section two of this chapter, shall have the\npower and duty, to the extent provided in this section, to loan, upon\nrequest of an individual or a group of individual pupils, to all pupils\nlegally attending nonpublic elementary or secondary schools located in\nthe school district, smart schools classroom technology acquired\npursuant to subdivision sixteen of section thirty-six hundred forty-one\nof this chapter which is designated for use in any public elementary or\nsecondary schools of the state or is approved by any school authorities.\nSuch smart schools classroom technology made available to nonpublic\nstudents shall be limited to that allowable under both paragraph seven\nof subdivision sixteen of section thirty-six hundred forty-one of this\nchapter and section seven hundred fifty-four of this article. Such smart\nschools classroom technology is to be loaned free to such children,\ncommencing with the two thousand fourteen--two thousand fifteen school\nyear, subject to such rules and regulations as are or may be prescribed\nby the board of regents and such school authorities.\n  2. No school district shall be required to loan smart schools\nclassroom technology in excess of the smart schools classroom technology\nacquired by such district pursuant to subdivision sixteen of section\nthirty-six hundred forty-one of this chapter. Such smart schools\nclassroom technology shall be loaned on an equitable basis to children\nattending nonpublic schools in the district in the current year,\nprovided that nothing in this article shall be construed to require a\nschool district to loan to children attending nonpublic schools,\npursuant to this section, classroom technology purchased with local or\nfederal funds or with state funds other than funds apportioned pursuant\nto subdivision sixteen of section three hundred sixty-four of this\nchapter, and provided further that no school district may loan smart\nschools classroom technology in an aggregate amount greater than two\nhundred fifty dollars multiplied by the nonpublic school enrollment in\nthe base year, at time of enactment, as defined in subparagraph three of\nparagraph n of subdivision one of section thirty-six hundred two of this\nchapter. The payment of tuition under article eighty-nine of this\nchapter is deemed to be an equitable loan to children for whom such\ntuition is paid, and the provisions of this section shall not apply.\n  3. School authorities shall adopt regulations specifying the date by\nwhich requests for the purchase and loan of smart schools classroom\ntechnology must be received by the district. Notice of such date shall\nbe given to all non-public schools in the school district. For the two\nthousand fourteen--two thousand fifteen school year, such date shall not\nbe earlier than the first day of January of such school year, and for\nthe two thousand fifteen--two thousand sixteen school year and\nthereafter, such date shall not be earlier than the first day of June of\nthe school year prior to that for which such smart schools classroom\ntechnology is being requested, provided, however, that a parent or\nguardian of a child not attending a particular non-public school prior\nto January first or June first of the school year, as applicable, may\nsubmit a written request for smart schools classroom technology within\nthirty days after such child is enrolled in such non-public school. In\nno event, however, shall a request made later than the times otherwise\nprovided pursuant to this subdivision be denied where a reasonable\nexplanation is given for the delay in making the request.\n
N.Y. PBH Law § 2409-A — New York Code / Act PBH / Article 24 / Title 1-A / Section 2409-A
Advisory council
Status: in_force

§ 2409-a. Advisory council. 1. There is hereby established in the\ndepartment the cancer detection and education program advisory council,\nfor the purpose of advising the commissioner with regards to providing\ninformation to consumers, patients, and health care providers relating,\nbut not limited to, breast, cervical, prostate, testicular and ovarian\ncancer, including signs and symptoms, risk factors, the benefits of\nprevention and early detection, guideline concordant cancer screening\nand disease management, options for diagnostic testing and treatment,\nnew technologies, and survivorship.\n  2. The advisory council shall: (a) make recommendations to the\ndepartment regarding the promotion and implementation of programs under\nsections twenty-four hundred six and twenty-four hundred nine of this\ntitle; and (b) prior to the department providing grants from the New\nYork State prostate and testicular cancer research and education fund,\ncreated pursuant to section ninety-five-e of the state finance law,\nadvise the department on various components of the department's\nsolicitation to distribute such funds, including but not limited to, the\npotential uses of the funds, the entities that may be eligible to apply\nfor the funds, the recommended contract deliverables for entities\nreceiving the funds, the recommended geographic distribution of the\nfunds, and the recommended award amounts.\n  3. The commissioner shall appoint twenty-one voting members, which\nshall include representation of health care professionals, consumers,\npatients, one voting member who shall be a person who has or has had\nprostate or testicular cancer, one voting member who shall be a person\nwho has or has had breast, cervical or ovarian cancer and other\nappropriate interests reflective of the diversity of the state, with\nexpertise in breast, cervical, prostate, testicular and/or ovarian\ncancer. The commissioner shall appoint one member as a chairperson. The\nmembers of the council shall receive no compensation for their services,\nbut shall be allowed their actual and necessary expenses incurred in\nperformance of their duties.\n  4. A majority of the appointed voting membership of the board shall\nconstitute quorum.\n  5. The advisory council shall meet at least twice a year, at the\nrequest of the department.\n
N.Y. SOS Law § 131-AA — New York Code / Act SOS / Article 5 / Title 1 / Section 131-AA
Monthly statistical reports
Status: in_force

§ 131-aa. Monthly statistical reports. 1. Reporting requirements. The\ncommissioner of the office of temporary and disability assistance shall\nissue, within sixty days of the end of each month, a monthly statistical\nreport containing each of the tables in the March two thousand four\nTemporary and Disability assistance statistics report as provided on the\noffice of temporary and disability assistance website. Such report shall\nalso include aggregate total claims for both New York city and the rest\nof the state related to temporary and disability assistance not already\nincluded in the March 2004 Temporary and Disability Assistance\nStatistics report as provided on the office of temporary and disability\nassistance website. The commissioner may also include similar tables\ncontaining statistical information including, but not limited to,\ntemporary and disability assistance claims on emergency child care,\nfamily shelter, shelter for victims of domestic violence, eviction\nprevention including, but not limited to, security deposits and brokers\nfees, supplemental claims, cancellations or refunds, drug or alcohol\ntreatment, and increased costs associated with cases for individuals\nwith AIDS. The commissioner may also include any other statistical\ninformation related to temporary and disability assistance that he or\nshe deems to be appropriate. The commissioner shall also, within sixty\ndays of the completion of each quarter of the state fiscal year, issue\nan update of monthly temporary and disability assistance claims for each\nof the previous twenty-four months based on actual claims received by\nthe end of such quarter; provided, however, the update following the\nthird quarter of the state fiscal year shall be completed within thirty\ndays. Such update shall include the total number of recipients, the\nmonthly average payment, and total claims, received by the end of such\nquarter, for New York city, the rest of the state, and total state\nclaims.\n  2. Additional reporting requirements. In addition to the information\nrequired to be included in the monthly statistical report pursuant to\nsubdivision one of this section, the commissioner of the office of\ntemporary and disability assistance shall include in such monthly\nstatistical report detailed tables with comprehensive data for federally\nparticipating family assistance and safety net cases, safety net\nnon-maintenance of effort cases, and safety net maintenance of effort\ncases, for each county and New York city, according to the following\ncategories:\n  (a) Work participation rates. A statistical table containing data\nrelated to federally required work participation rates including, but\nnot limited to, the numerator applied to the required federal\ncalculation for work participation and the denominator applied to the\nfederal calculation for work participation; and any other information\nthat the commissioner deems to be appropriate.\n  (b) Earned income. A statistical table containing data related to the\naggregate amount of earned income reported by public assistance\nrecipients including, but not limited to, aggregate earned income used\nin the calculation of public assistance benefits, both before and after\nthe earnings disregard is applied to such benefits, the number of cases\nfor which earned income is applied to the calculation of such benefits,\nboth before and after the earnings disregard, and any other information\nthat the commissioner deems to be appropriate.\n  (c) Sanctioned cases. A statistical table containing data related to\nthe number of cases in sanction status and the reason for such sanction\nincluding, but not limited to, the number of sanctioned cases included\nin the federal work participation calculation, the number of sanctioned\ncases not included in the federal work participation calculation, and\nany other information that the commissioner deems to be appropriate.\n  (d) Home energy assistance program (HEAP). For each county and New\nYork city, a statistical table containing data related to the allocation\nof federal and state monies for the HEAP program and the number and\ndollar amount of benefits provided including, but not limited to, the\nnumber, dollar amount and average dollar amount of regular autopay\nbenefits, regular non-autopay benefits, emergency benefits, allocation\nfor administrative costs, and any other information that the\ncommissioner deems to be appropriate.\n  3. Upon issuance, the reports required by this section shall be posted\non the office of temporary and disability assistance website, and shall\nalso be submitted by the commissioner to the governor, the temporary\npresident of the senate, the speaker of the assembly, the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n
N.Y. PBH Law § 2207 — New York Code / Act PBH / Article 22 / Title 1 / Section 2207
Tuberculosis; application of law to city of New York
Status: in_force

§ 2207. Tuberculosis; application of law to city of New York.  All of\nthe provisions of sections two thousand two hundred to two thousand two\nhundred seven, inclusive, of this chapter, shall apply throughout the\nentire state and to each county and city thereof, including the city of\nNew York.\n
N.Y. EDN Law § 701 — New York Code / Act EDN / Title 1 / Article 15 / Section 701
Power to designate text-books; purchase and loan of text-books; purchase of supplies
Status: in_force

§ 701. Power to designate text-books; purchase and loan of text-books;\npurchase of supplies. 1. In the several cities and school districts of\nthe state, boards of education, trustees or such body or officer as\nperform the functions of such boards, shall designate text-books to be\nused in the schools under their charge.\n  2. A text-book, for the purposes of this section shall mean: (i) any\nbook, or a book substitute, which shall include hard covered or\npaperback books, work books, or manuals and (ii) for expenses incurred\nafter July first, nineteen hundred ninety-nine, any courseware or other\ncontent-based instructional materials in an electronic format, as such\nterms are defined in the regulations of the commissioner, which a pupil\nis required to use as a text, or a text-substitute, in a particular\nclass or program in the school he or she legally attends. For expenses\nincurred on or after July first, two thousand eleven, a text-book shall\nalso mean items of expenditure that are eligible for an apportionment\npursuant to sections seven hundred eleven, seven hundred fifty-one\nand/or seven hundred fifty-three of this title, where such items are\ndesignated by the school district as eligible for aid pursuant to this\nsection, provided, however, that if aided pursuant to this section, such\nexpenses shall not be aidable pursuant to any other section of law.\nExpenditures aided pursuant to this section shall not be eligible for\naid pursuant to any other section of law. Courseware or other\ncontent-based instructional materials in an electronic format included\nin the definition of textbook pursuant to this subdivision shall be\nsubject to the same limitations on content as apply to books or book\nsubstitutes aided pursuant to this section.\n  3. In the several cities and school districts of the state, boards of\neducation, trustees or such body or officers as perform the function of\nsuch boards shall have the power and duty to purchase and to loan upon\nindividual request, textbooks, to all children residing in such district\nwho are enrolled in a public school including children attending the\npublic schools of the district for whom the district is eligible to\nreceive reimbursement pursuant to paragraph a of subdivision eight of\nsection thirty-two hundred two of this chapter, provided, however, that\nsuch children shall not be counted by any other school district, and to\nall children residing in such district who are enrolled in a nonpublic\nschool. Textbooks loaned to children enrolled in said nonpublic schools\nshall be textbooks which are designated for use in any public schools of\nthe state or are approved by any boards of education, trustees or other\nschool authorities. Such textbooks are to be loaned free to such\nchildren subject to such rules and regulations as are or may be\nprescribed by the board of regents and such boards of education,\ntrustees or other school authorities. Enrollment shall be as defined in\nsubdivision one of section thirty-six hundred two of this chapter.\n  4. No school district shall be required to purchase or otherwise\nacquire textbooks, the cost of which shall exceed an amount equal to the\napportionment pursuant to subdivision six of this section plus a minimum\nlottery grant determined pursuant to subdivision four of section\nninety-two-c of the state finance law multiplied by the number of\nchildren residing in such district and so enrolled in the base year; and\nno school district shall be required to loan textbooks in excess of the\ntextbooks owned or acquired by such district; provided, however that all\ntextbooks owned or acquired by such district shall be loaned to children\nresiding in the district and so enrolled in public and nonpublic schools\non an equitable basis.\n  5. In the several cities and school districts of the state, boards of\neducation, trustees or other school authorities may purchase supplies\nand either rent, sell or loan the same to the pupils attending the\npublic schools in such cities and school districts upon such terms and\nunder such rules and regulations as may be prescribed by such boards of\neducation, trustees or other school authorities.\n  6. The commissioner, in addition to the annual apportionment of public\nmonies pursuant to other articles of this chapter, shall apportion to\neach school district an amount equal to the cost of the textbooks\npurchased and loaned by the district pursuant to this section in the\nbase year, but in no case shall the aid apportioned to the district\nexceed the product of the textbook factor plus a minimum lottery grant,\ndetermined pursuant to subdivision four of section ninety-two-c of the\nstate finance law, and the sum of the enrollments in grades kindergarten\nthrough twelve in the base year calculated pursuant to subparagraphs\nfour, five, and six of paragraph n of subdivision one of section\nthirty-six hundred two of this chapter. Aid payable pursuant to this\nsection shall be deemed final and not subject to change after April\nthirtieth of the school year for which payment was due.\n  For aid payable in the two thousand seven--two thousand eight school\nyear and thereafter, the textbook factor shall equal forty-three dollars\nand twenty-five cents.\n  7. The apportionment provided for in this section shall be paid, at\nsuch times as may be determined by the commissioner and approved by the\ndirector of the budget, during the school year in which the expenditures\nare reported to the department prior to such apportionment. Expenditures\nby a school district in excess of the product of the textbook factor\nplus a minimum lottery grant determined pursuant to subdivision four of\nsection ninety-two-c of the state finance law and the sum of the\nenrollments in grades kindergarten through twelve in the base year\ncalculated pursuant to subparagraphs four, five, and six of paragraph n\nof subdivision one of section thirty-six hundred two of this chapter in\nany school year shall be deemed approved operating expense of the\ndistrict for the purpose of computation of state aid pursuant to section\nthirty-six hundred two of this chapter, but expenditures up to such\nproduct shall not be deemed approved operating expenses for such\npurpose.\n  8. In its discretion, a board of education may adopt regulations\nspecifying the date by which requests for the purchase and loan of\ntextbooks must be received by the district. Notice of such date shall be\ngiven to all non-public schools. Such date shall not be earlier than the\nfirst day of June of the school year prior to that for which such\ntextbooks are being requested, provided, however, that a parent or\nguardian of a child not attending a particular non-public school prior\nto June first of the school year may submit a written request for\ntextbooks within thirty days after such child is enrolled in such\nnon-public school. In no event however shall a request made later than\nthe times otherwise provided pursuant to this subdivision be denied\nwhere a reasonable explanation is given for the delay in making the\nrequest.\n