N.Y. EDN Law § 351 — New York Code / Act EDN / Title 1 / Article 8 / Section 351
State university mission
Status: in_force

§ 351. State university mission. The mission of the state university\nsystem shall be to provide to the people of New York educational\nservices of the highest quality, with the broadest possible access,\nfully representative of all segments of the population in a complete\nrange of academic, professional and vocational postsecondary programs\nincluding such additional activities in pursuit of these objectives as\nare necessary or customary. These services and activities shall be\noffered through a geographically distributed comprehensive system of\ndiverse campuses which shall have differentiated and designated missions\ndesigned to provide a comprehensive program of higher education, to meet\nthe needs of both traditional and non-traditional students and to\naddress local, regional and state needs and goals. In fulfilling this\nmission, the state university shall exercise care to develop and\nmaintain a balance of its human and physical resources that:\n  a. recognizes the fundamental role of its responsibilities in\nundergraduate education and provides a full range of graduate and\nprofessional education that reflects the opportunity for individual\nchoice and the needs of society;\n  b. establishes tuition which most effectively promotes the\nuniversity's access goals;\n  c. encourages and facilitates basic and applied research for the\npurpose of the creation and dissemination of knowledge vital for\ncontinued human, scientific, technological and economic advancement;\n  d. strengthens its educational and research programs in the health\nsciences through the provision of high quality general comprehensive and\nspecialty health care, broadly accessible at reasonable cost, in its\nhospitals, clinics and related programs and through networks and joint\nand cooperative relationships with other health care providers and\ninstitutions, including those on a regional basis;\n  e. shares the expertise of the state university with the business,\nagricultural, governmental, labor and nonprofit sectors of the state\nthrough a program of public service for the purpose of enhancing the\nwell-being of the people of the state of New York and in protecting our\nenvironmental and marine resources;\n  e-1. encourage, support and participate through facility planning and\nprojects, personnel policies and programs with local governments, school\ndistricts, businesses and civic sectors of host communities regarding\nthe health of local economies and quality of life;\n  f. promotes appropriate program articulation between its\nstate-operated institutions and its community colleges as well as\nencourages regional networks and cooperative relationships with other\neducational and cultural institutions for the purpose of better\nfulfilling its mission of education, research and service.\n
N.Y. PBA Law § 2807 — New York Code / Act PBA / Article 9 / Title 1 / Section 2807
Reporting for searchable state subsidy and aggregate economic development benefits database
Status: in_force

§ 2807. Reporting for searchable state subsidy and aggregate economic\ndevelopment benefits database. Notwithstanding any other provision of\nlaw to the contrary, every state authority shall submit to the urban\ndevelopment corporation, and update quarterly, in the form and manner\nprescribed by the urban development corporation, any and all data and\ninformation as necessary for developing, updating, and maintaining the\ndatabase established in section fifty-eight of section one of chapter\none hundred seventy-four of the laws of nineteen hundred sixty-eight,\nconstituting the New York state urban development corporation act,\nregarding economic development benefits, as such term is defined in such\nsection, awarded by such state authority. A state authority may request\nand shall receive any data from an individual, business, limited\nliability corporation or any other entity that has applied for and\nreceived approval for, or is the beneficiary of, any such economic\ndevelopment benefits, as is necessary and required to comply with this\nsection.\n
N.Y. EDN Law § 210-C — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 210-C
Interstate reciprocity agreement for post-secondary distance education programs
Status: in_force

§ 210-c. Interstate reciprocity agreement for post-secondary distance\neducation programs.\n    INTERSTATE RECIPROCITY AGREEMENT FOR THE POST-SECONDARY DISTANCE\n                           EDUCATION PROGRAMS\n                                Article I\n                      Purpose, findings, and policy\n  The states party to an interstate agreement desire by common action to\nestablish comparable standards for the offering of postsecondary\ndistance-education courses and programs and to facilitate more offerings\nof distance education courses to the students in their state.\n                               Article II\n                               Definitions\n  As used in this section and any agreements and contracts made pursuant\nto it, unless the context clearly states otherwise:\n  (a)"Accredited" shall mean holding institutional accreditation by name\nas a U.S.-based institution from an accreditor recognized by the U.S.\nDepartment of Education.\n  (b)"Approve" or "Approval" in the context of an institutional\napplication to operate under the state authorization reciprocity\nagreement (SARA) means: a written statement by a home state that an\ninstitution meets the standards required by SARA and is eligible to\noperate under SARA.\n  (c)"Complaint" means: a formal assertion in writing that the terms of\nthis agreement, or of laws, standards or regulations incorporated by\nthis agreement, are being violated by a person, institution, state,\nagency or other organization or entity operating under the terms of this\nagreement.\n  (d) "Council" means: the National Council for SARA.\n  (e)"C-RAC guidelines" and other uses of "C-RAC" refers to the\nInterregional Guidelines for the Evaluation of Distance Education\nPrograms (Online Learning) for best practices in postsecondary distance\neducation adopted by the Council of Regional Accrediting Commissions\n(C-RAC).\n  (f) "Distance education" means, for purposes of an interstate\nreciprocity agreement under this section: instruction offered by any\nmeans where the student and faculty member are in separate physical\nlocations. It includes, but is not limited to, online, interactive video\nor correspondence courses or programs. It does not include intrastate\ndistance education activity.\n  (g) "Home state" means: a member state where the institution holds its\nlegal domicile. To operate under SARA an institution must have a single\nhome state.\n  (h) "Institution" means: a degree-granting postsecondary entity.\n  (i) "Legal domicile" of an institution for purposes of eligibility in\nan interstate agreement means the state in which the institution's\nprincipal campus holds its institutional accreditation and, if\napplicable, its federal Office of Postsecondary Education Identifier\n(OPEID) number. In the event that the OPEID number is assigned to a\ncampus that is in a different state than the principal accredited\ncampus, the SARA committees of the affected regional compacts shall\ndetermine which is the home state for purposes of SARA.\n  (j) "Member state" means: any state, district or territory that has\njoined SARA.\n  (k) "Physical presence" means: a measure by which a state defines the\nstatus of an educational institution's presence within the state. The\ndistance education activities of an educational institution with a\nphysical presence within the state are not covered under an interstate\nreciprocity agreement under this Act and instead must meet the\nrequirements of the state.\n  (l) "Portal agency" means: the single agency designated by the state\nto serve as the interstate point of contact for questions, complaints\nand other communications related to the interstate compact and/or any\nregional compact.\n  (m) "Regional compact" means one of New England Board of Higher\nEducation, Midwestern Higher Education Compact, Southern Regional\nEducation Board or Western Interstate Commission for Higher Education,\nor another SARA interstate regional compact for the mid-Atlantic states.\n  (n) "State authorization reciprocity agreements" or "SARA" means: an\nagreement among member states, districts and U.S. territories that\nestablishes comparable national standards for interstate offering of\npost-secondary distance-education courses and programs.\n                               Article III\n Interstate reciprocity agreements for postsecondary distance education\n  (a) The commissioner shall have the authority on behalf of New York to\nenter into SARA and/or any regional compacts on behalf of this state\nwith one or more other states to provide for the reciprocity of\npostsecondary distance education and to carry out all activities\nnecessary to carry out such function.\n  (b) Upon entrance into SARA and/or any regional compact, the\ndepartment shall:\n  (i) be designated as the portal agency and shall be responsible for\nthe administrative and functional responsibilities of participation in\nSARA.  The department shall not be responsible for all oversight\nactivities of providers in the state, but shall be the portal for the\nstate;\n  (ii) consider applications from degree-granting institutions on the\nsame basis and either:\n  (A) approve any institutions that meet the standards of SARA, and\nagree to the process and commitments of SARA without differentiating by\nsector;\n  (B) disapprove any institution that does not meet the standards of\nSARA, or does not agree to the process and commitments of SARA; or\n  (C) may approve an institution applying for initial participation in\nSARA to participate on a provisional status in any of the following\ncircumstances:\n  (I) the institution is on probationary status or the equivalent with\nits institutional accrediting body;\n  (II) the institution is using a letter of credit or is under a cash\nmanagement agreement by the U.S. Department of Education;\n  (III) the institution is the subject of a publicly announced\ninvestigation by a government agency, and the investigation is related\nto the institution's academic quality, financial stability or student or\nconsumer protection; or\n  (IV) the institution is the subject of a current investigation by its\nhome state related to the institution's academic quality, financial\nstability or student or consumer protection.\n  (iii) prescribe state processes for consumer protection and complaints\nin regulations of the commissioner, as required by SARA;\n  (iv) operate under the processes, procedures and guidelines required\nby SARA, including the Interregional Guidelines for the Evaluation of\nDistance Education developed by the Council of Regional Accrediting\nCommissioners, if required by SARA;\n  (v) serve as the default forum for any complaint filed against an\ninstitution approved by the state to participate in the state\nauthorization reciprocity agreement and the department shall be\nresponsible for coordinating any such efforts and shall have the\nauthority to investigate and resolve complaints that originate outside\nof the state. All other state agencies and governing boards of such\ninstitutions shall assist as necessary in such investigations and report\nas needed to the department;\n  (vi) impose as a penalty refunds or other corrective action to resolve\ncomplaints involving residents of other states;\n  (vii) maintain written documentation of:\n  (A) all formal complaints received;\n  (B) complaint notifications provided to institutions and accrediting\nagencies;\n  (C) actions taken that are commensurate with the severity of\nviolations; and\n  (D) complaint resolutions.\n  (viii) report complaints and concerns to the institutions about which\nthe compliant is lodged, the home state portal agency responsible for\nthe institution, and, if appropriate, any accrediting bodies; and\n  (ix) impose an annual fee on any institution participating in any\ninterstate agreement, in an amount prescribed by the commissioner in\nregulations which shall be consistent with any fees required by the\ninterstate agreement and any fees required for the state to administer\nSARA. Any institution that is removed from eligibility from SARA during\nthe period of approval receives no fee refund; and\n  (x) report any information required by the National Council for SARA.\n                               Article IV\n             Institutional eligibility for admission to SARA\n  An institution applying to operate pursuant to SARA under this section\nshall:\n  (a) have its principal campus or central administrative unit domiciled\nin a state that has joined SARA and be authorized to operate in that\nstate. Only distance education content originating in the United States\nor a U.S. territory is eligible to be offered under the agreement;\n  (b) be a U.S. degree-granting institution that is accredited by an\naccrediting body recognized by the U.S. Secretary of Education;\n  (c) agree to be bound by any standards, processes and/or guidelines\nrequired by SARA, including the Interregional Guidelines for the\nEvaluation of Distance Education developed by the Council of Regional\nAccrediting Commissioners, if required by SARA;\n  (d) agree to remain responsible for compliance with the requirements\nof SARA and applicable laws, regardless of whether the institution\nengages in operations under SARA itself, or through a third-party\nprovider;\n  (e) agree to notify the education department of any negative changes\nto its accreditation status;\n  (f) agree to provide any data requested by the education department,\nto the extent permitted by applicable law, and assist the department in\nresolving any complaints arising from its students and to abide by\ndecisions of the department, in order for the education department to\neffectively monitor any activities under the agreement;\n  (g) report any information required by SARA and/or this section.\n                                Article V\n                     Approved and accepted programs\n  Nothing in this section shall be construed to repeal or otherwise\nmodify any law or regulation of this state relating to the approval of\nany other educational programs not covered by this section.\n                               Article VI\n                          Effect and withdrawal\n  1. This section shall become effective upon this state's execution of\nSARA and/or regional compact for distance education.\n  2. The duration of any regional compact and/or interstate agreement\nand the methods and conditions of withdrawal therefrom shall be those\nspecified in their terms.\n
N.Y. ENV Law § 3-0105 — New York Code / Act ENV / Article 3 / Title 1 / Section 3-0105
Offices of department
Status: in_force

* § 3-0105. Offices of department.\n  The principal office of the department shall be in the County of\nAlbany.\n  * NB Effective prior to Dept. of Environmental Conservation moving to\nthe city of Albany\n* § 3-0105. Offices of the department.\n  The principal office of the department shall be in the city of Albany.\n  * NB Effective upon Dept. of Environmental Conservation moving to the\ncity of Albany\n
N.Y. ELN Law § 7-123 — New York Code / Act ELN / Article 7 / Title 1 / Section 7-123
Ballots; military voters
Status: in_force

§ 7-123. Ballots; military voters. 1. The state board of elections,\nafter conferring with federal authorities, if any, authorized to act,\nshall prescribe the form and cause to be printed by the appropriate\nboards of elections or otherwise sufficient ballots for military voters\nto be used at the election, subject to the following limitations:\n  2. The ballots for military voters shall be the same form as those to\nbe voted by absentee voters in the election district of the military\nvoter on election day. Any instructions that the state board of\nelections deems pertinent shall accompany such ballots but shall not be\naffixed thereto in any manner so as to leave any marks on such ballots\nnot found on absentee ballots.\n  3. There shall be three envelopes for each military absentee ballot\nissued when the military voter's preferred method of transmission is by\nmail: the inner affirmation envelope into which a voter places his or\nher voted ballot, the outer envelope which shall be addressed to the\nabsentee voter, and the mailing envelope which is addressed to the\ncounty board of elections. The board of elections shall furnish an inner\naffirmation envelope with each military ballot upon which envelope shall\nbe printed:\n                        BALLOT FOR MILITARY VOTER\n                               AFFIRMATION\n  I swear or affirm that:\n  (a) I am a member of the uniformed services or merchant marine on\nactive duty or an eligible spouse, parent, child or dependent of such a\nmember, and\n  (b) I am a United States citizen, at least eighteen years of age (or\nwill be by the day of the election), eligible to vote in the requested\njurisdiction, and\n  (c) I have neither been convicted of a felony or other disqualifying\noffense nor been adjudicated mentally incompetent, or if so, my voting\nrights have been reinstated, and\n  (d) I am not registering, requesting a ballot, or voting in any other\njurisdiction in the United States, and\n  (e) My signature and date below indicate when I completed this\ndocument, and\n  (f) The information on this form is true and complete to the best of\nmy knowledge.\n  I understand that a material misstatement of fact in the completion of\nthis document may constitute grounds for conviction of a crime.\nDate .......... 20....\n                                        ................................\n                                            Signature or mark of voter\n                                        ................................\n                                         Signature of Witness (required\n                                         only if voter does not sign his\n                                                    or her own name)\n                                        ................................\n                                                  Address of Witness\n  4. On the reverse side of the inner affirmation envelope shall be\nprinted:\n               TO BE FILLED IN BY THE BOARD OF ELECTIONS:\n  FOR..........ELECTION......... 20......\n  County of................................................................\n  Name of voter............................................................\n  Voting residence (street and number, if any).............................\n  City (or town) of..............Ward......................................\n  Assembly District..............Election District.........................\n  Party Enrollment (in case of primary election)...........................\n  IMPORTANT TO MILITARY VOTER: YOU MUST SIGN THE AFFIRMATION ON THIS\nENVELOPE.\n  5. The information in subdivision four of this section shall be filled\nin by the board of elections prior to the mailing of any military ballot\nand envelopes if the military voter's preferred method of transmission\nwith the board of elections is by mail, or it may be filled in by the\nboard of elections upon the receipt of the returned military ballot and\nenvelope where the ballot and envelope have been transmitted to the\nmilitary voter other than by mail or in person.\n  6. The inner affirmation envelope, if delivered by mail or in person,\nshall be gummed and ready for sealing. Such envelope, or any created by\nthe military voter who has received his or her ballot by facsimile\ntransmission or electronic mail in accordance with the provisions of\nsubdivision seven of this section, shall have printed thereon, on the\nside opposite the affirmation, instructions as to the duties of the\nmilitary voter after the marking of the ballot. Such instructions shall\ninclude specific directions stating that the ballot must be returned in\nperson or mailed to the appropriate board of elections, when the outer\nenvelope must be postmarked, if mailed, and when such envelope, whether\nreturned in person or mailed, must reach such board of elections in\norder to be canvassed. Such inner affirmation envelope shall also\ninclude a direction that an application for a military ballot should not\nbe enclosed in the inner affirmation envelope containing such ballot.\n  7. If a military voter has designated a preference to receive his or\nher ballot by facsimile transmission or electronic mail pursuant to\nsection 10-107 of this chapter, the transmission of the military voter's\nballot shall include, together with all information and instructional\nmaterials that accompany ballot materials sent by the board of elections\nto other absentee voters, appropriate instructions as to the folding of\nsame so as to create an inner affirmation envelope containing all of the\ninformation set forth in subdivisions three, four and six of this\nsection.\n  8. Such inner affirmation envelope containing the military ballot\nshall be enclosed in an outer envelope, addressed to the appropriate\nboard of elections, and bearing on it the words "Official Election\nBallot--Via Air Mail". The outer envelope shall include specific\ndirections that if an original completed application for a military\nballot has not already been returned in person or mailed to the military\nvoter's board of elections, such application must be completed by the\nmilitary voter and returned in the outer envelope with the sealed inner\naffirmation envelope containing the military ballot within the time\nlimits for the receipt of the military ballot itself. Such envelope\nshall provide lines in the upper left corner for the military voter to\nwrite his or her name and complete military address.\n  9. The outer envelope addressed to the appropriate board of elections\nand the inner affirmation envelope which contains the ballot shall be\nmailed to the military voter in a third envelope on which is printed the\nwords "Official Election Ballot--Via Air Mail".\n  10. At the side opposite the address on the outer envelope, below the\ngummed seal, for a ballot delivered by mail or in person, or below the\nflap for a ballot transmitted to the military voter by facsimile\ntransmission or electronic mail, shall be printed:\nThis ballot was mailed on _________ which is not later than the\n                           (date)\nday before the election.\n_______________               _____________\nSigned (Witness)                  Date\n  11. If the military voter's preferred method of transmission is\nfacsimile transmission or electronic mail, the electronic transmittal of\nthe military voter's ballot materials shall include appropriate\ninstructions as to the folding of same so as to create an outer envelope\ncontaining all of the information set forth in subdivisions eight and\nten of this section.\n
N.Y. PBA Law § 1007 — New York Code / Act PBA / Article 5 / Title 1 / Section 1007
Acquisition of property
Status: in_force

§ 1007. Acquisition of property. If, for any of the purposes\nhereunder, including temporary construction purposes and the making of\nadditions or improvements, the authority shall find it necessary or\nconvenient for it to acquire any real property as herein defined,\nwhether for immediate or future use, then the authority may find and\ndetermine that such property is required for a public use, and upon such\ndue determination, such property shall be and shall be deemed to be\nrequired for such public use until otherwise determined by the authority\nand with the exceptions hereinafter specifically noted such\ndetermination of fact shall not be affected by the fact that such\nproperty has theretofore been taken for, or is then devoted to, a public\nuse; but the public use in the hands or under the control of the\nauthority shall be deemed superior to the public use in the hands of any\nother person, association or corporation. If the authority is unable to\nagree for the acquirement of any such property, or if the owner thereof\nshall be incapable of disposing of the same, or if, after diligent\nsearch and inquiry, the name and residence of any such owner cannot be\nascertained, or if any such property has been acquired or attempted to\nbe acquired and title or other rights therein have been found to be\ninvalid or defective, the authority may acquire such property by\ncondemnation under and pursuant to the provisions of this title.\n  1. When any real property within this state is sought to be acquired\nby condemnation, the authority shall cause a survey and map to be made\nthereof, and shall cause such survey and map to be filed in its office.\nThere shall be annexed to such survey and map a certificate executed by\nthe chief engineer of the authority, or by such other officer or\nemployee as may be designated by the trustees, stating that the property\nor interest therein described in such survey and map are necessary for\nits purposes.\n  2. Upon filing such survey and map the authority shall petition a\nspecial term of the supreme court held in the judicial district in which\nthe property is located, or the county court of any county where such\nproperty is located, for the condemnation of such property or interest\ntherein, as have not been otherwise acquired. Such petition shall be\ngenerally in the form prescribed by section four of the condemnation\nlaw, so far as consistent herewith. Such petition, together with a\nnotice of pendency of the proceeding, shall be filed in the office of\nthe county clerk of such county and shall be indexed and recorded as\nprovided by law. A copy of such petition together with a notice of the\npresentation thereof to such special term of the supreme court or to the\ncounty court shall be served upon the owners as provided in sections\nfive and six of the condemnation law. The authority may cause a\nduplicate original affidavit of the service thereof to be recorded in\nthe books used for recording deeds in the office of the county clerk of\nthe county wherein the property described in such notice is situated,\nand the recording of such affidavit shall be prima facie evidence of due\nservice thereof.\n  3. At any time after the recording of the petition and notice as above\nprovided the authority may enter upon and use and occupy all the parcels\nof real estate described in the proceedings for the condemnation\nthereof, provided that it shall first deposit with the court a sum equal\nto the assessed valuation of such real property, or in the event that\nthe assessed valuation thereof cannot readily be ascertained, such sum\nas in its judgment shall be sufficient as compensation for the real\nproperty acquired. The sum so deposited shall be applied as provided in\nsection twenty-four of the condemnation law. Upon the recording of the\npetition and notice and the making of the deposit, the owner or person\nin possession of such real property shall deliver possession thereof to\nthe authority upon demand, and in case possession is not delivered when\ndemanded, or demand is not convenient because of absence of the owner or\ninability to locate or determine the owner, the authority may apply to\nthe court without notice for an order requiring the sheriff to put it\ninto possession of such real property. Such an order must be executed as\nif it were an execution for the delivery of the possession of the\nproperty.\n  4. The proceedings thereafter shall be in the manner prescribed by the\ncondemnation law so far as consistent herewith.\n  5. The commissioners appointed to ascertain and determine the\ncompensation which ought justly to be made to the owners of property or\ninterests therein appraised by them as provided in section thirteen of\nthe condemnation law shall make their report of the value thereof to the\nsupreme court within one hundred days from the date of their\nqualification.\n  6. The persons or corporations whose property shall have been taken by\ncondemnation and who shall have agreed upon the compensation to be paid\ntherefor in settlement of the proceeding, or to whom an award of\ncompensation shall have been made by the court, shall be entitled to\npayment of the agreed or awarded compensation within three calendar\nmonths after the date of the agreement upon the amount of the\ncompensation or of the entry of the order confirming the report of the\ncommissioners of appraisal, together with interest upon the amount of\nsuch compensation from the time of the entry and appropriation thereof\nby the authority, to the date of payment of such compensation; but such\ninterest shall cease upon the service by the authority, upon the person\nor corporation entitled thereto, of a fifteen days' notice that the\nauthority is ready and willing to pay the amount of such compensation\nupon the presentation of proper proofs and vouchers. Such notice shall\nbe served personally or by registered mail and publication thereof at\nleast once a week for three successive weeks in a daily newspaper,\nhaving a general circulation in the county where such property or any\npart thereof is located.\n  7. The authority may, at its option, acquire such real property within\nthe state of New York, under the general condemnation law or, in the\nevent it is a licensee of the federal power commission it may acquire\nsuch real property as is necessary for its purposes through the exercise\nof the right of eminent domain as provided in section twenty-one of the\nfederal power act, as amended.\n  8. The authority and its duly authorized agents and employees may\nenter upon any real property for the purpose of making the surveys or\nmaps mentioned in this section, or for such other surveys or\nexaminations of real property as may be necessary or convenient for the\npurposes of this title.\n  9. The term "real property" as used in this title is defined to\ninclude lands, structures, franchises and interests in land, including\nlands under water and riparian rights, and any and all other things and\nrights usually included within the said term, and includes also any and\nall interests in such property less than full title, such as easements,\nrights of way, uses, leases, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise, and also all claims for damages for such real\nestate.\n  10. The authority may determine what real property is reasonably\nnecessary for the construction or operation of any project authorized by\nthis title including transmission facilities. If funds are made\navailable by the authority to the state for payment of the cost and\nexpense of the acquisition thereof, the commissioner of transportation,\nwhen requested by the authority, shall acquire such real property in the\nname of the state by appropriation and, where necessary, remove the\nowner or occupant thereof and obtain possession, according to the\nprocedure provided by section thirty of the highway law, insofar as the\nsame may be applicable. The authority shall have the right to possess\nand use for its corporate purposes, so long as its corporate existence\nshall continue, all such real property and rights in real property so\nacquired.\n  Claims for the value of the property appropriated and for legal\ndamages caused by any such appropriation shall be adjusted and\ndetermined by the commissioner with the approval of the authority, or by\nthe court of claims as provided in said section thirty. When a claim has\nbeen filed with the court of claims, the claimant shall cause a copy of\nsuch claim to be served upon the authority and the authority shall have\nthe right to be represented and heard before said court. All awards and\njudgements arising from such claims shall be paid out of moneys of the\nauthority.\n  The authority may determine whether any property appropriated pursuant\nto this section, while under its jurisdiction, should be sold or\nexchanged in whole or in part, on terms beneficial to the state and the\nauthority, and in all cases where such a determination is made, the\nauthority may sell or exchange such property. Where the authority finds\nit practicable and reasonable, the former owner, from whom the property\nwas appropriated, his heirs, successors in interest and assigns, shall\nbe given the first opportunity to purchase such property at its fair\nmarket value. In order to carry any such sale or exchange into effect\nthe authority is hereby authorized to execute and deliver in the name of\nthe people of the state a quit claim of such property. Money proceeds of\nany such sale shall be retained by the authority. Title to property\nreceived upon such exchange shall be acquired in the name of the state,\nand the authority shall have the same rights of occupation and use\nthereof and shall be vested with the same rights with respect thereto as\nis provided in this section and in section one thousand eight as to\nproperty of the state. Where property appropriated pursuant to this\nsection is required by the Saint Lawrence Seaway Development\nCorporation, created pursuant to public law three hundred fifty-eight of\nthe 83rd Congress, or any successor corporation, the authority may\nconvey such property to such corporation, and, if the license issued to\nthe authority by the federal power commission shall so require, such\nconveyance may be made without consideration.\n  The attorney general is hereby authorized and empowered to certify to\nsuch Saint Lawrence Seaway Development Corporation, the right, title or\ninterest vested in the name of the people of the state of New York in\nand to property appropriated pursuant to this section and proposed to be\nconveyed to such Saint Lawrence Seaway Development Corporation as\nhereinbefore provided.\n
N.Y. EDN Law § 538 — New York Code / Act EDN / Title 1 / Article 11 / Section 538
Excess benefit plan
Status: in_force

§ 538. Excess benefit plan. Notwithstanding any other law to the\ncontrary, the retirement board is authorized in its sole discretion to\nestablish a qualified governmental excess benefit arrangement within the\nmeaning of, in conformity with and then only to the extent and so long\nas permitted by subsection m of section four hundred fifteen of the\nInternal Revenue Code of 1986, as amended, for the purpose of providing\nsuch retirement benefits as would otherwise have been payable to\nretirees of the system, but for the application of the limitations on\nbenefits of subsection b of section four hundred fifteen of the Internal\nRevenue Code of 1986, as amended. The retirement board is also\nauthorized to promulgate such rules and regulations as may be necessary\nto implement a qualified governmental excess benefit plan as provided in\nthis section.\n
N.Y. ELN Law § 17-166 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-166
Penalty
Status: in_force

§ 17-166. Penalty. Any person convicted of a misdemeanor under this\narticle shall for a first offense be punished by imprisonment for not\nmore than one year, or by a fine of not less than one hundred dollars\nnor more than five hundred dollars, or by both such fine and\nimprisonment. Any person who, having been convicted of a misdemeanor\nunder this article, shall thereafter be convicted of another misdemeanor\nunder this article, shall be guilty of a felony.\n
N.Y. SOS Law § 139-A — New York Code / Act SOS / Article 5 / Title 1 / Section 139-A
Special provisions to avoid abuse of assistance and care
Status: in_force

§ 139-a. Special provisions to avoid abuse of assistance and care.  1.\nAny person who shall apply for safety net assistance or family\nassistance within one year after arrival in this state, shall be\npresumed to have come into the state for the purpose of receiving public\nassistance or care and the social services official where application is\nmade, shall deny public assistance and care to such applicant unless\nsuch applicant shall establish by clear and convincing proof that the\npurpose of his or her entry was not for the purpose of securing public\nassistance and care in this state. In addition to complying with the\nforegoing provisions, the applicant shall also submit with his or her\napplication a certificate from the appropriate local employment office\nof the state department of labor issued within a two week period from\nthe date of his or her application stating that such employment office\nhas no order for an opening in part-time, full-time, temporary or\npermanent work of any kind to which the applicant could properly be\nreferred by such office, taking into consideration only his or her\nphysical and mental capacity without reference to his or her customary\noccupation or acquired skill.\n  2. The social services official shall in every case complete his\ninvestigation and make his determination of the application under this\nsection not more than thirty days after receipt of the application.\n  3. (a) The social services districts of Allegany, Broome, Dutchess,\nNiagara, Onondaga, Oneida, Orange, Oswego, Rensselaer, Rockland,\nSteuben, and Suffolk shall authorize and implement demonstration\nprojects for the purposes of determining the cost-effectiveness of\npreventing multiple enrollment of home relief benefit recipients through\nthe use of an automated two-digit finger imaging matching identification\nsystem. The system shall only include home relief benefit recipient\nfinger imaging upon application for eligibility for such benefits and\nfinger imaging of home relief recipients currently receiving home relief\nbenefits.\n  (b) Notwithstanding the provisions of section one hundred thirty-six\nof this article or any other provision of law, data collected and\nmaintained through the use of an automated finger imaging matching\nidentification system as authorized by this subdivision may not be used,\ndisclosed or redisclosed for any purpose other than the prevention of\nmultiple enrollments in home relief, may not be used or admitted in any\ncriminal or civil investigation, prosecution, or proceeding, other than\na civil proceeding pursuant to section one hundred forty-five-c of this\narticle, and may not be disclosed in response to a subpoena or other\ncompulsory legal process or warrant, or upon request or order of any\nagency, authority, division, office or other private or public entity or\nperson, except that nothing contained herein shall prohibit disclosure\nin response to a subpoena issued by or on behalf of the applicant or\nrecipient who is the subject of the record maintained as a part of such\nsystem.  Any person who knowingly makes or obtains any unauthorized\ndisclosure of data collected and maintained through the use of an\nautomated two-digit finger imaging matching identification system shall\nbe guilty of a class A misdemeanor, and shall be punished in accordance\nwith the provisions of the penal law.\n  (c) Data collected and maintained on the automated two-digit finger\nimaging matching identification system shall be subject to those\nprovisions relating to unauthorized disclosure of confidential client\ninformation currently subject to part 357 of the commissioner's\nregulations.\n  (d) Such social services districts shall develop a competitive request\nfor proposal for an automated two-digit finger imaging matching\nidentification system, and shall thereafter contract for the services of\na firm certified by the department as able to design and implement such\nautomated two-digit finger imaging matching identification system. The\ndepartment shall oversee the process by which districts select and award\ncontracts for the demonstration projects. Prior to the implementation of\nany contracts, the department shall certify that a system exists for\ndata collection and for destroying and expunging a recipient finger\nimage upon such recipient ceasing to be a home relief recipient and that\nthe design of the demonstration project fulfills all the requirements of\nthis section. The department shall provide such assistance as needed to\nfacilitate finger image matching among social services districts\nincluding centralized sharing of data when local matching among social\nservices districts is not feasible.  After award the department shall be\nresponsible for ensuring that the demonstration projects are carried out\nin accordance with the requirements of this section, that adequate\ntraining for local district staff involved with the project will be\nprovided and taking any actions necessary to bring such programs into\ncompliance if required.  Such contractual arrangement shall ensure that\nstate payments for the contractor's necessary and legitimate expenses\nfor the administration of such program are limited to amounts specified\nin advance and that such amounts shall not exceed the amount\nappropriated therefor in any fiscal years.\n  (e) Immediate notice of all the provisions of this subdivision shall\nbe provided to home relief recipients or applicants.\n  (f) Notwithstanding any other provision of law, nothing contained\nherein shall be deemed to authorize or permit the termination,\nsuspension, or diminution of home relief benefits except as elsewhere\nspecifically authorized in this chapter, provided, however, that where\nthe basis of a proposed sanction is a determination of a fraudulent\nmultiple enrollment based on the use of an automated finger imaging\nmatching identification system authorized pursuant to this section, no\nsuch sanction shall be imposed pending a hearing conducted pursuant to\nsection twenty-two of this chapter within forty-five days of the\nnotification of the applicant or recipient of the alleged fraudulent\nmultiple enrollment, or pending a final determination of a request by an\napplicant or a recipient for correction or amendment of a record\npursuant to section ninety-five of the public officers law, and no such\nsanction shall be imposed unless the local social services district has\nverified the results of the automated finger imaging matching\nidentification system by means of a manual match conducted by a person\nwho is qualified to perform such identifications.\n  (g) The department shall conduct periodic audits to monitor compliance\nwith all laws and regulations regarding the automated finger imaging\nmatching system to insure that any records maintained as part of such\nsystem are accurate and complete, that no illegal disclosures of such\nrecords have taken place, that effective software and hardware designs\nhave been instituted with security features to prevent unauthorized\naccess to such records, that access to record information system\nfacilities, systems operating environments, data file contents whether\nwhile in use or when stored in a media library is restricted to\nauthorized personnel only, that operation programs are used that will\nprohibit inquiry, record updates, or destruction of records, from any\nterminal other than automated finger imaging matching system terminals\nwhich are so designated, that operational programs are used to detect\nand store for the output of designated department employees all\nunauthorized attempts to penetrate any automated finger imaging matching\nsystem, program or file, that adequate and timely procedures exist to\ninsure that the recipient or applicant's right to access and review of\nrecords for the purpose of accuracy and completeness, including\nprocedures for review of information maintained about such individuals\nand for administrative review (including procedures for administrative\nappeal) and necessary correction of any claim by the individual to whom\nthe information relates that the information is inaccurate or\nincomplete.\n  (h) The department shall report to the speaker of the assembly and the\ntemporary president of the senate on the operation of the demonstration\nproject by March first, nineteen hundred ninety-six.  This report shall\ninclude analysis of the cost-effectiveness of such project, and shall\ninclude information concerning instances of multiple enrollment detected\nthrough use of this system, and shall include a detailed summary of the\nresults of audits required by paragraph (g) of this subdivision.  The\nreport shall include recommendations regarding whether the program\nshould be discontinued, expanded, or otherwise modified.\n  (i) The department of social services shall contract with an\nindependent academic or research organization (the "contractor")\nexperienced in evaluating public assistance programs for a comprehensive\nevaluation of the automated finger imaging matching identification\nsystem authorized in this section. The results of such evaluation shall\nbe set forth in a report which shall include, but not be limited to the\nfollowing:\n  (1) a description of the demonstration project, its implementation\nschedule and the problems encountered in implementation;\n  (2) investigations of each instance where a recipient does not respond\nto a notice informing the recipient of the need to submit to finger\nimaging. Such investigation shall determine, to the extent possible, why\nthe recipient did not respond and whether such failure to respond was\ndue to the recipient: (a) becoming eligible for federal supplemental\nsecurity income benefits, if any; (b) no longer being eligible because\nof earned income, if any; (c) no longer being a resident of the county,\nif any; or (d) failing to respond because of other reasons;\n  (3) an evaluation of historical caseload trends, both statewide and in\nthe demonstration counties, including a study of monthly records for the\ntwo years prior to the demonstration, and also including the closing of\ncases at recertification. Analysis of such monthly records shall be\nconducted as part of the basis of estimating benefits under the\ndemonstration;\n  (4) an analysis of the procedures used to verify suspicions of fraud\nincluding follow-up of identified cases of fraud, if any;\n  (5) aggregate totals of false matches, if any, found by the system,\nthe methods used to correct such errors and an accounting of the\nduplicate applications for benefits, if any, that are detected by the\nsystem; and\n  (6) an estimate of the savings, if any, resulting from the\nimplementation of finger imaging, and an estimate of the actual costs of\nthe system including, but not limited to equipment costs, the costs of\nlinking terminals, site preparation and the costs of any additional\nstaff required to operate the system.\n  (j) Not later than February first, nineteen hundred ninety-six, the\ncontractor shall submit the report required by paragraph (i) of\nsubdivision three of this section to the governor, the majority leader\nof the senate and the speaker of the assembly and to the commissioner of\nthe department of social services.\n  (k) The local social service districts establishing an automated\nfinger imaging matching identification system pursuant to this\nsubdivision shall be deemed an agency as defined in subdivision one of\nsection ninety-two of the public officers law, and data collected and\nmaintained in such automated system shall be deemed records and systems\nof records as defined in subdivisions nine and eleven of such section of\nsuch law. Except as otherwise specifically provided in this section, the\nprovisions of article six-a of such law, known as the "personal privacy\nprotection law" shall apply to the records and systems of records\ncollected and maintained by such local social service districts pursuant\nto this section.\n  (l) Expenditures made by social services districts, and determined\ncost effective by the department, including those expenditures necessary\nfor contracts planned or executed on or before the effective date of\nthis section, for the design, development, implementation and\nadministrative costs of the automated finger imaging matching\nidentification system shall be subject to one hundred percent state\nreimbursement.\n  (m) The automated finger imaging matching identification system shall\nbe established in the selected districts not later than October first,\nnineteen hundred ninety-four, and such demonstration projects shall\nexpire upon the enactment of a chapter of the laws of nineteen hundred\nninety-five providing for an automated fraud prevention system based on\npersonally unique identification factors.\n
N.Y. ELN Law § 3-107 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-107
Powers and duties of the state board of elections respecting elections and crimes against the elective franchise
Status: in_force

§ 3-107. Powers and duties of the state board of elections respecting\nelections and crimes against the elective franchise. Authority is hereby\nconferred upon the state board of elections to appoint a special\ninvestigator to take charge of the investigation of cases arising under\nthe election law, and to appoint such additional special investigators\nand employees as it may deem necessary, and fix their compensation,\nwithin the limits of appropriation available therefor, and assign them\nto any election district or districts for the purpose of enforcing the\nprovisions of the election law. Moneys appropriated for carrying out the\nprovisions of this section shall be paid out of the state treasury on\nthe audit and warrant of the comptroller upon the certificate of the\nstate board.\n  Such special investigators shall, when directed by the state board of\nelections, investigate qualifications of persons to register or vote and\nviolations of the election law. Any such special investigator may:\n  1. Visit and inspect any house, dwelling, building, inn, lodginghouse,\nboarding-house, rooming-house, or hotel and interrogate any incarcerated\nindividual, house-dweller, keeper, caretaker, owner, proprietor or\nlandlord thereof or therein, as to any person or persons residing or\nclaiming to reside therein or thereat.\n  2. Inspect and copy any books, records, papers or documents relating\nto or affecting the election or the registration of voters, or require\nthe board or officer in charge thereof to furnish a copy of any such\nrecord, paper or document without charge.\n  3. Require any lodging-house, boarding-house or rooming-house keeper,\nlandlord or proprietor to exhibit his register of the lodgers therein at\nany time to such special investigator.\n  4. Procure warrants of arrest and cause to be taken into custody the\nperson or persons named in such process.\n  5. Go within the guard-rail at any polling place at any election.\n  Any such special investigator also shall have all of the powers of a\npeace officer as set forth in section 2.20 of the criminal procedure\nlaw, for the purpose of enforcing the provisions of this chapter.\n  Any person who neglects or refuses to furnish any information required\nby the election law or authorized herein, or to exhibit records, papers\nor documents herein authorized to be inspected or which are required to\nbe exhibited, shall be guilty of a misdemeanor.\n  The state board or any of its special investigators shall have power\nto issue subpoenas or subpoenas duces tecum, administer oaths and\nexamine witnesses under oath, for the purpose of investigating any\nmatter within the jurisdiction herein prescribed for the purpose of\naiding the state board in enforcing the provisions of the election law.\nSuch subpoenas shall be issued in the name of the state board of\nelections. Such subpoenas may be served by any special investigator or\nby any police officer or peace officer who is acting pursuant to his\nspecial duties.\n  Any person who shall omit, neglect or refuse to obey a subpoena\nattested in the name of the state board of elections or who shall refuse\nto testify under or in pursuance thereof shall be guilty of a\nmisdemeanor.\n  Any such special investigator may call upon any member of the police,\nsheriff, deputy sheriff, constable or other public officer, or any\nperson, to assist him in carrying out the provisions of this section.\nAny such officer or person who shall fail to render the assistance so\ndemanded or who shall wilfully hinder or delay such special investigator\nin the exercise of any power or the performance of any duty shall be\nguilty of a misdemeanor.\n
N.Y. VAT Law § 115 — New York Code / Act VAT / Title 1 / Article 1 / Section 115
Explosives
Status: in_force

§ 115. Explosives.  Any chemical compound or mechanical mixture that\nis commonly used or intended for the purpose of producing an explosion\nand which contains any oxidizing and combustive units or other\ningredients in such proportions, quantities, or packing that an ignition\nby fire, by friction, by concussion, by percussion, or by detonator of\nany part of the compound or mixture may cause such a sudden generation\nof highly heated gases that the resultant gaseous pressures are capable\nof producing destructive effects on contiguous objects or of destroying\nlife or limb.\n
N.Y. RPT Law § 1214 — New York Code / Act RPT / Article 12 / Title 1 / Section 1214
Establishment of state equalization rates for counties
Status: in_force

§ 1214. Establishment of state equalization rates for counties. The\ncommissioner shall annually establish a state equalization rate for each\ncounty in the state and determine the full valuation of taxable real\nproperty therein. The state equalization rate established for any county\nassessing unit, other than a special assessing unit, shall also be\nestablished as the state equalization rate for each city, town and\nnon-assessing unit village within such county.\n
N.Y. UDC Law § 2612 — New York Code / Act UDC / Article 26 / Title 1 / Section 2612
Construction
Status: in_force

§ 2612. Construction. The provisions of this chapter relating to the\ndistrict court and procedure therein shall be liberally construed in\nfurtherance of justice.\n
N.Y. PBH Law § 2103 — New York Code / Act PBH / Article 21 / Title 1 / Section 2103
Communicable diseases; local health officers; duty to report
Status: in_force

§ 2103. Communicable diseases; local health officers; duty to report.\nEvery local health officer shall report promptly to the department, all\ncases of such communicable diseases as may be required by the department\nto be reported to it. In lieu of the original reports, the health\nofficer may submit summary reports when authorized by the department.\n
N.Y. MDW Law § 141 — New York Code / Act MDW / Article 5 / Title 1 / Section 141
Height
Status: in_force

§ 141. Height. Any such dwelling which is seventy-five feet or less in\nheight above the curb level and has six stories or less may be of\nnon-fireproof construction.\n
N.Y. SOS Law § 131-P — New York Code / Act SOS / Article 5 / Title 1 / Section 131-P
Group health insurance benefits; condition of eligibility
Status: in_force

§ 131-p. Group health insurance benefits; condition of eligibility.\nNotwithstanding any other inconsistent provision of law and to the\nextent permissible under federal law, any applicant for or recipient of\nsafety net assistance or family assistance who is or becomes employed\nand whose   employer provides group health insurance benefits, including\nbenefits for a spouse and dependent children of such applicant or\nrecipient, shall apply for and utilize such benefits as a condition of\neligibility for safety net assistance or family assistance.  Such\napplicant or recipient shall also utilize such benefits provided by\nformer employers as long as such benefits are available. The department\nshall promulgate regulations to determine the eligibility requirements\nof those applicants and recipients who have more than one employer\noffering group health insurance benefits.\n  The provisions of this section shall apply to such applicants upon\ntheir initial certification for family assistance or safety net\nassistance and to such recipients upon their recertifications for such\nassistance following the date on which this section becomes effective.\nThe cost of premiums paid by such applicants or recipients for such\ncoverage shall be deducted from such applicant's or recipient's earnings\nas an expense incident to his or her employment.\n
N.Y. PBA Law § 1021-I — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-I
Bonds, notes and other obligations of the authority
Status: in_force

§ 1021-i. Bonds, notes and other obligations of the authority. 1. The\nauthority shall have power and is hereby authorized from time to time to\nissue its bonds, notes or other obligations, in an aggregate amount not\nto exceed one hundred twenty-five million dollars, for the purpose of\nfinancing any capital project authorized by this title, including but\nnot limited to, the acquisition of any real or personal property or\nfacilities deemed necessary by the authority, development and\nprofessional expenses, and funding any capital or other reserve funds\nestablished in connection with the authority's operations or issuances,\nin such principal amount as the directors shall determine necessary to\nperform its corporate duties and further its purposes as authorized in\nthis title. The maximum maturity of any such bond shall not exceed\nthirty years from its date of issuance. The maximum maturity of any such\nnote or other obligation shall not exceed five years from its date of\nissuance.\n  2. Except as may be otherwise expressly provided by the authority, the\nissuance of bonds, notes or other obligations, shall be general\nobligations of the authority payable out of any moneys or revenues of\nthe authority, subject only to any agreements with the holders of\nparticular bonds, notes or other obligations pledging any particular\nmoneys or revenues.\n  3. The authority shall have power from time to time, whenever it deems\nrefunding expedient, to refund any bonds, notes or other obligations by\nthe issuance of new bonds, notes or other obligations, up to one hundred\ntwenty-five million dollars in the aggregate, whether the bonds, notes\nor other obligations to be refunded have or have not matured, and may\nissue bonds, notes or other obligations partly to refund bonds, notes or\nother obligations then outstanding and partly for any other purpose\ndescribed in this section. Refunding bonds, notes or other obligations\nmay be exchanged for the bonds, notes or other obligations to be\nrefunded, with such cash adjustments as may be agreed, or may be sold\nwith the proceeds applied to the purchase or payment of the bonds to be\nrefunded.\n  4. Bonds may be issued either in a series with multiple discrete\nmaturity dates or as term bonds with a single maturity date. The bonds,\nnotes or other obligations shall be authorized by resolution of the\ndirectors and shall bear such date or dates, mature at such time or\ntimes, bear interest at such rate or rates, payable annually or\nsemi-annually, be in such denominations, be in such form, carry such\nregistration privileges, be executed in such manner, be payable in\nlawful money of the United States of America at such place or places,\nand be subject to such terms of redemption, as such resolution or\nresolutions may provide. In the event that term bonds, notes or other\nobligations are issued, the resolution authorizing the same may make\nsuch provisions for the establishment and management of adequate sinking\nfunds for the payment thereof, as the authority may deem necessary.\n  5. The bonds, notes or other obligations of the authority may be sold\nat public or private sale for such price or prices as the authority\nshall determine. For a private sale of its securities, the authority\nshall obtain the written approval of the terms of such sale from the\ncomptroller if such sale is to a party other than the comptroller, or\nfrom the director of the budget where such sale is to the comptroller,\nin either case prior to closing the issuance transaction.\n  6. Any resolution authorizing any issuance of bonds, notes or other\nobligations may contain provisions, which shall be a part of the\ncontract between the authority and the holders of the issued securities,\nas to:\n  (a) pledging all or any part of the revenues of the authority or its\nprojects or any revenue producing contract or contracts made by the\nauthority with any individual, partnership, limited liability company,\ncorporation or association to secure the payment of the bonds, notes or\nother obligations, subject to such agreements with holders of securities\nof the authority;\n  (b) pledging, assigning or creating a lien on all or any part of\nassets of the authority, including mortgages and obligations security\nmortgages, to secure the payment of the bonds, subject to such\nagreements with holders of securities of the authority;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) establishment of special funds for deposit of moneys received from\nthe proceeds of the issuance of securities as the directors shall\ndetermine, consistent with the authorizing resolution and the provisions\nof this title;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissuance of bonds, notes or other obligations then or thereafter to be\nissued may be applied and pledging such proceeds to secure the payment\nof the bonds, notes or other obligations;\n  (f) limitations of the issuance of additional bonds, notes or other\nobligations; the terms upon which additional bonds, notes or other\nobligations may be issued and secured; and the refunding of outstanding\nbonds, notes or other obligations;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) providing for the appointment and powers of a trustee for holders\nof securities, and the rights, powers and duties of such trustee as the\ndirectors may determine;\n  (i) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (j) defining the acts or omissions to act which shall constitute a\ndefault in the duties of the authority to holders of its obligations and\nproviding the rights and remedies of such holders in the event of a\ndefault provided, however, that such rights and remedies shall not be\ninconsistent with the laws of the state and the other provisions of this\narticle; and provided, further, however, that nothing contained in this\narticle shall be deemed to restrict the right of the state or of any\nmunicipality to amend, modify or otherwise alter statutes, local laws,\nordinances, resolutions or agreements imposing or relating to taxes or\nfees or appropriations relating thereto; and there shall not be included\nin any resolution or contract or agreement with the holders of the\nbonds, notes or other obligations authorized by this article any\nprovision which provides that a default shall occur as a result of the\nstate or of a municipality exercising its right to amend, modify or\notherwise alter laws, ordinances, resolutions or agreements imposing or\nrelating to taxes or fees or appropriations relating thereto; and\n  (k) any other provisions not inconsistent with those enumerated in\nthis subdivision and necessary to effect its issuances of bonds, notes\nor other obligations and the rights of the holders of its securities, or\notherwise in furtherance of its corporate purposes.\n  7. Notwithstanding any other provision of this title, any such\nresolution or resolutions shall contain a covenant by the authority that\nit will at all times maintain rates, fees or charges sufficient to pay,\nand that any contracts entered into by the authority for the sale or\ndistribution of power shall contain rates, fees or charges sufficient to\npay the costs of operation and maintenance of the project, the principal\nof and interest on any obligations issued pursuant to such resolution as\nthe same severally become due and payable, and to maintain any debt\nservice coverage ratios and any reserves required by the terms of such\nresolution or resolutions. Provided however, that the total rates, fees,\nand charges shall not exceed the prevailing electric rate in the North\nCountry. The prevailing electric rate in the North Country shall mean\nthe average of the total rates, fees, and charges paid by customers of\nNational Grid and New York State Electric and Gas, or any successors, in\nSt. Lawrence, Franklin, and Jefferson counties. Compliance with the\nprevailing electric rates in the North Country shall be left to the sole\ndetermination of the public service commission.\n  8. It is the intent of this title that any pledge of revenues or other\nmoneys or of a revenue producing contract or contracts made by the\nauthority shall be valid and binding from the time when the pledge is\nmade; that the revenues or other moneys or proceeds of any contract or\ncontracts so pledged and thereafter received by the authority shall\nimmediately be subject to the lien of such pledge without any physical\ndelivery thereof or further act; and that the lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof. Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  9. Neither the directors of the authority nor any person executing the\nbonds, notes or other obligations shall be liable personally on the\nbonds, notes or other obligations or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  10. The authority shall have the power out of any funds available\ntherefor to purchase bonds, notes or other obligations. The authority\nmay hold, pledge, cancel or resell such bonds, notes or other\nobligations, subject to and in accordance with agreements with\nbondholders.\n  11. Any bonds, notes or other obligations issued by the authority are\nhereby made securities in which all public officers and bodies of this\nstate and all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, and all other persons whatsoever who are authorized to\ninvest in bonds, notes or other obligations of the state, may properly\nand legally invest funds including capital in their control or belonging\nto them; subject to the provisions of any other general or special law\nto the contrary.\n  12. The authority is authorized to obtain from any department or\nagency of the United States of America or the state or any\nnongovernmental insurer or financial institution any insurance, guaranty\nor other credit support device, to the extent available, as to, or for\nthe payment or repayment of interest or principal, or both, or any part\nthereof, on any bonds, notes or other obligations issued by the\nauthority and to enter into any agreement or contract with respect to\nany such insurance or guaranty, except to the extent that the same would\nin any way impair or interfere with the ability of the authority to\nperform and fulfill the terms of any agreement made with the holders of\noutstanding bonds, notes or other obligations of the authority.\n  13. In addition to the powers conferred in this section upon the\nauthority to secure its bonds, notes or other obligations, the authority\nshall have the power in connection with the issuance of bonds, notes or\nother obligations to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, and for the\nacquisition, alteration or disposition of its property, real and\npersonal, including the mortgaging of any of its properties and the\nentrusting, pledging or creation of any other security interest in any\nsuch revenues, moneys or properties and the doing of any act, including\nrefraining from doing any act, which the authority would have the right\nto do in the absence of such agreements. The authority shall have the\npower to enter into amendments of any such agreements within the powers\ngranted to the authority by this title and to perform such agreements.\nThe provisions of any such agreements may be made a part of the contract\nwith the holders of bonds, notes or other obligations of the authority.\n  14. All bonds, notes and other obligations issued by the authority\nunder the provisions of this title are hereby declared to have all the\nqualities and incidents of negotiable instruments under the applicable\nlaws of the state.\n  15. Nothing in this subdivision shall be deemed to allow the authority\nto exceed its one hundred twenty-five million dollar aggregate debt\nlimit.\n
N.Y. SOS Law § 460-E — New York Code / Act SOS / Article 7 / Title 1 / Section 460-E
Records and reports; confidentiality; information
Status: in_force

§ 460-e. Records and reports; confidentiality; information. 1. The\ndepartment shall require, collect and maintain such information, records\nor reports as it may determine to be necessary to further the purpose of\nthis article. Organizations and institutions subject to the inspection\nand supervision of the department shall provide such information and\nrecords in such form and at such times as the department shall\ndetermine.\n  2. The department may request from any other state department or state\nor local agency, including the department of mental hygiene, the\ndivision for youth and the board of social welfare, and such other\ndepartment or agency shall furnish, such information as the department\nmay require for the proper performance of its duties under this article.\nThe department shall safeguard the confidentiality of information\nreceived from such departments and agencies. Such other state\ndepartments or state agencies may request from the department, and the\ndepartment shall furnish, such information as such other department or\nagency may require for the proper discharge of its duties. Such\ndepartments and agencies shall safeguard the confidentiality of such\ninformation, records, and reports in the same manner as the department\nin accordance with the provisions of sections one hundred thirty-six,\nfour hundred forty-four and four hundred sixty-one-e of this chapter or\nas otherwise authorized by law.\n  3. Officers or employees of the department shall maintain the\nconfidentiality of facts and information obtained as the result of any\ninspection or investigation of a facility subject to inspection and\nsupervision under this article, in the same manner as information\nreceived under subdivision two of this section.\n  4. All officers of facilities or agencies subject to the inspection of\nthe department shall furnish to the department, on forms provided by the\ndepartment, such information and statistics as it may require, within\nsixty days from the expiration of the state fiscal year or such other\nfiscal period as may be designated by the department.\n
N.Y. PBH Law § 1113 — New York Code / Act PBH / Article 11 / Title 1 / Section 1113
Drinking water quality council; established
Status: in_force

§ 1113. Drinking water quality council; established. 1. There shall be\nestablished, within the department, the drinking water quality council.\nSuch council shall be composed of twelve members as follows:\n  (a) the commissioner, or the commissioner's designee, who shall be the\nchair of the council;\n  (b) the commissioner of environmental conservation or designee;\n  (c) a designee of the commissioner of environmental conservation with\nexpertise in water resources;\n  (d) a designee of the commissioner with expertise in drinking water;\nand\n  (e) eight members appointed by the governor, two of whom shall be\nrecommended by the temporary president of the senate, and two by the\nspeaker of the assembly.\n  2. (a) Of the four members appointed to the drinking water quality\ncouncil and recommended by the temporary president of the senate and the\nspeaker of the assembly, the temporary president of the senate and the\nspeaker of the assembly shall each recommend:\n  (i) one member who represents water purveyors; and\n  (ii) one member representing the public, who has a background or\nexpertise in toxicology or health risk assessment.\n  (b) Of the four additional members appointed to the drinking water\nquality council, the governor shall appoint:\n  (i) one member who represents water purveyors;\n  (ii) one member who has a background or expertise in toxicology or\nhealth risk assessment;\n  (iii) one member who has a background or expertise in microbiology;\nand\n  (iv) one member who has a background or expertise in environmental\nengineering.\n  (c) The members of such council appointed pursuant to paragraph (e) of\nsubdivision one of this section shall serve terms of two years.\n  (d) The members appointed pursuant to paragraph (e) of subdivision one\nof this section shall each serve his or her term of office or until his\nor her successor is appointed; provided that any vacancy in the position\nof an appointed member shall be filled in the same manner as the\noriginal appointment and only for the unexpired term of the vacancy.\n  3. The members of the drinking water quality council shall receive no\ncompensation for their services, but shall be allowed their actual and\nnecessary expenses incurred in the performance of their duties pursuant\nto this title.\n  4. The drinking water quality council shall meet at such times and\nplaces as may be determined by its chair. The council shall meet at a\nminimum of two times per year. All meetings shall be open to the public\npursuant to article seven of the public officers law. A majority of the\nmembers of such council shall constitute a quorum for the transaction of\nbusiness. Action may be taken, and motions and resolutions adopted, at\nany meeting by the affirmative vote of a majority of the full membership\nof the council.\n  5. The council shall make recommendations to the department relating\nto:\n  (a) those contaminants, which the department may list as emerging\ncontaminants pursuant to section one thousand one hundred twelve of this\ntitle.\n  (i) In determining what substances shall be recommended as emerging\ncontaminants the council shall, at a minimum, consider:\n  A. unregulated contaminants monitored pursuant to the federal Safe\nDrinking Water Act (42 USC § 300g-1) as amended from time to time;\n  B. substances that require regulation or monitoring when present in\ndrinking water in other jurisdictions outside the state of New York;\n  C. pesticide chemicals for which the United States environmental\nprotection agency has set human health benchmarks for drinking water;\n  D. substances found at sites in remedial programs located inside and\noutside the state of New York, including but not limited to inactive\nhazardous waste sites; and\n  E. waterborne pathogens and microbiological contaminants.\n  (ii) The council shall recommend a notification level for each\nrecommended emerging contaminant.\n  (iii) The council shall recommend timeframes and frequencies in which\ntesting should be required for the recommended emerging contaminants,\nallowing for variation based on circumstances such as the source of\nwater, the region and size of the water system.\n  (iv) The council shall provide the department with its first list of\nrecommended emerging contaminants and corresponding notification levels\nfor which testing shall be required no later than one year from the\ninitial meeting of the council, and the council shall update the list\nand recommend notification levels annually thereafter;\n  (b) a review of substances identified as emerging contaminants\npursuant to section one thousand one hundred twelve of this title. Where\nappropriate the council shall recommend either a maximum contaminant\nlevel (MCL), or the removal of the substance from the list of emerging\ncontaminants, on the basis of available scientific evidence and any\nother relevant factors;\n  (c) the form and content of public notifications issued pursuant to\nsection one thousand one hundred twelve of this title;\n  (d) working with other state agencies and the federal government to\nensure funds are available and accessible, parties known to be\nresponsible for contamination are pursued, and mitigation, remediation,\nand cleanup projects occur in a timely manner;\n  (e) the development of educational materials regarding private well\nwater testing;\n  (f) the appropriate use of, and methods and manner of conducting,\nbiomonitoring and biomonitoring studies;\n  (g) the inclusion of information on the online tracking and mapping\nsystem established in section 3-0315 of the environmental conservation\nlaw; and\n  (h) anything else the department or the department of environmental\nconservation designates.\n  6. The drinking water quality council shall be entitled to request and\nreceive information from any state, municipal department, board,\ncommission or agency that may be required or are deemed necessary for\nthe purposes of such council, including but not limited to all water\ninformation and annual reports the department has relating to both\npublic and private water supplies.\n  7. Before the council advances any recommendation to the department,\nthe council shall provide an opportunity for public and stakeholder\ncomments. Final recommendations of the council shall be posted on the\ndepartment's website within thirty days after the council adopts such\nrecommendations.\n
N.Y. EDN Law § 688 — New York Code / Act EDN / Title 1 / Article 14 / Part 4 / Section 688
Construction
Status: in_force

§ 688. Construction.  To the extent that the provisions of this\narticle are inconsistent with the provisions of any other general or\nspecial law, rule, regulation or charter, the provisions of this article\nshall be controlling.\n
N.Y. EDN Law § 407-B — New York Code / Act EDN / Title 1 / Article 9 / Section 407-B
Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students
Status: in_force

§ 407-b. Authorization for dormitory authority financing of capital\nfacilities for state-supported schools for blind and deaf students. 1.\nThe legislature declares that it is in the interest of the state and the\nchildren of the state to assure that state-supported schools for the\ninstruction of blind and deaf students and other children with\nhandicapping conditions pursuant to article eighty-five of this chapter\nand chapter one thousand sixty of the laws of nineteen hundred\nseventy-four have sufficient facilities related to the education of such\nchildren. The legislature finds that state-supported schools for blind\nand deaf students providing such education are in need of improved and\nadditional facilities related to the education of such children, and the\nmeans to finance the construction of such improvements and additional\nfacilities. The legislature, therefore, enacts the following provisions.\n  2. This section shall apply to state-supported schools for the\ninstruction of the blind and deaf students and children with other\nhandicapping conditions, subject to the appointment of the commissioner,\npursuant to article eighty-five of this chapter and chapter one thousand\nsixty of the laws of nineteen hundred seventy-four.\n  3. Such state-supported schools may enter into leases, subleases or\nother agreements with the dormitory authority pursuant to title four of\narticle eight of the public authorities law for the financing of the\ndesign, construction, reconstruction, rehabilitation, improvement,\nrenovation or otherwise providing for furnishing or equipping of\neducational or residential facilities where the total estimated cost of\nsuch facilities exceeds ten thousand dollars. The plans and\nspecifications of such capital facilities shall be subject to approval\nof the commissioner. Such educational or residential facilities may be\nconstructed only on land owned by such state-supported school or, if the\nland is leased, where the lease is for a period at least equal to the\nappropriate period of probable usefulness for such facilities as listed\nin section 11.00 of the local finance law, or the length of the lease,\nsublease or other agreement with the dormitory authority, whichever is\nlonger.\n  4. Each state-supported school shall, notwithstanding any other\nprovision of law, have the power to convey, lease, sublease or otherwise\nmake available to the dormitory authority without consideration, title\nor any other rights in real property satisfactory to the dormitory\nauthority.\n  5. In addition to providing for all other matters deemed necessary and\nproper, such leases, subleases and other agreements shall (a) require\nthe state-supported school to pay to the dormitory authority annual\nrentals which shall include the amount required to pay the principal of\nand interest on obligations of the dormitory authority issued in\nrelation to providing such facilities and all incidental expenses of the\ndormitory authority incurred in relation thereto, (b) require the\nstate-supported school to include an amount sufficient to meet its\nobligations under the lease, sublease or other agreement in each\nproposed budget submitted during the term of the lease, sublease or\nother agreement, and (c) a provision that such agreement shall not be\neffective unless and until it is approved by the commissioner and the\ndirector of the budget.\n  6. Title or other real property rights, to the capital facilities\nfinanced pursuant to this section shall remain with the dormitory\nauthority until the dormitory authority certifies to the commissioner\nand the comptroller the receipt by it of the amount necessary to pay the\naggregate amount of annual rentals to the dormitory authority. At such\ntime, title or other real property rights thereto shall be transferred\nby the dormitory authority to the state-supported school. In order to\navail itself of the provisions of this section, each state-supported\nschool must also agree to continue to operate a program for the\neducation of children pursuant to article eighty-five of this chapter\nand chapter one thousand sixty of the laws of nineteen hundred\nseventy-four, and any lease, sublease or other agreement with the\ndormitory authority shall provide that, if the state-supported school\nshall cease to operate at any time during the term of the agreement, the\nschool shall have the obligation to pay the total aggregate amount of\nannual rentals to the dormitory authority. Upon a determination that the\nstate-supported school is unable to satisfy such obligations, the state\nmay take such title or other real property rights of the dormitory\nauthority in such land, buildings, equipment and other properties which\nthe state-supported school uses for its program upon payments, subject\nto appropriations, by the state to the dormitory authority of the amount\nrequired to pay the total aggregate amount of annual rentals to the\ndormitory authority.\n  7. On or before November fifteenth of each year, the dormitory\nauthority shall submit, and thereafter may resubmit, to the director of\nthe budget, the state comptroller, the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee a\nreport setting forth the amounts, if any, of all annual rentals\nestimated to become due in the succeeding state fiscal year to the\ndormitory authority from the state-supported schools pursuant to any\nleases, subleases or other agreements between the dormitory authority\nand state-supported schools to provide educational and residential\nfacilities for such state-supported schools.\n  The state comptroller shall pay over to the dormitory authority\npursuant to appropriations therefor solely from moneys available in the\nschool capital facilities financing reserve fund the amount set forth in\nsuch report at the times and in the amounts set forth in the certificate\nfiled with the comptroller by the dormitory authority pursuant to\nsubparagraph (iv) of paragraph (b) of subdivision eight of this section.\n  8. Method of payment; reserve fund. (a) Each state-supported school\nwhich elects to avail itself of the provisions of this section shall\nhave established with the state comptroller a school capital facilities\nfinancing reserve account which shall be used to pay to the dormitory\nauthority the annual rentals payable to the dormitory authority by\nstate-supported schools which have entered into leases, subleases or\nother agreements with the dormitory authority to provide educational or\nresidential facilities pursuant to this section or to reimburse the\nstate for expenditures from appropriations made pursuant to subdivision\nseven of this section. The dormitory authority shall identify to the\nstate comptroller and to the commissioner the state-supported schools\nwith which it has leases, subleases or other agreements pursuant to this\nsection and shall annually certify the amount of annual rentals required\nto be paid pursuant to such leases, subleases or other agreements.\n  (b) (i) There is hereby established in the custody of the state\ncomptroller a special fund to be known as the school capital facilities\nfinancing reserve fund. Within such fund, there is hereby established a\nspecial account for each state-supported school which enters into a\nlease, sublease or other agreement with the dormitory authority pursuant\nto this section.\n  (ii) Notwithstanding the provisions of any other law, such fund shall\nconsist of payments as made and determined by the commissioner. The\ncomptroller shall maintain sufficient amounts in the fund in order to\npay when due the annual rentals due to the dormitory authority from each\nsuch state-supported school pursuant to any lease, sublease or other\nagreement entered into pursuant to the provisions of this section. The\ndormitory authority shall certify to the state comptroller the dates and\namounts of such payments as scheduled in its lease, subleases or other\nagreements with such state-supported school. The commissioner shall\ncertify the amount of payments due the fund from state-supported\nschools, and shall make such payments to the fund at such times as\nappropriate, subject to the approval of the director of the budget, and\nafter consultation with the dormitory authority.\n  (iii) Revenues in any special account in the school capital facilities\nfinancing reserve fund may be commingled with any other moneys in such\nfund. All deposits of such revenues shall be secured by obligations of\nthe United States or of the state of New York or its political\nsubdivisions. Such obligations shall have a market value not less than\none hundred five percent of the amount of such deposits. All the banks\nand trust companies are authorized to give security for such deposits.\nAny such revenues in such fund may, in the discretion of the\ncomptroller, be invested in obligations of the United States or the\nstate or obligations the principal of and interest on which are\nguaranteed by the United States or by the state. Any interest earned\nshall be credited to such fund.\n  (iv) Upon receipt by the comptroller of a certificate or certificates\nfrom the dormitory authority that it requires a payment or payments from\nthe appropriate special account established for a state-supported school\nto comply with any lease, sublease or other agreement pursuant to this\nsection, each of which certificate shall specify the required payment or\npayments and the date when the payment or payments is required, the\ncomptroller shall pay from such special account on or before the\nspecified date or within thirty days after receipt of such certificate\nor certificates, whichever is later, to the paying agent designated by\nthe dormitory authority in any such certificate, the amount or amounts\nso certified.\n  (v) Notwithstanding any other provisions of this subdivision to the\nextent that the state makes appropriations for the payment of annual\nrentals to the dormitory authority required to be paid pursuant to the\nterms of any lease, sublease or other agreement between the dormitory\nauthority and any state-supported schools and makes such payments,\nmoneys in the school capital facilities financing reserve fund shall be\nused to reimburse the state for moneys so expended from such\nappropriation.\n  (vi) All payments of money from the school capital facilities\nfinancing reserve fund shall be made on the audit and warrant of the\nstate comptroller.\n  9. All state officials are authorized and required to take whatever\nactions are necessary to carry out the provisions of this section and\nany leases, subleases or other agreements entered into pursuant to this\nsection, including making the required payments to the dormitory\nauthority.\n  10. Notwithstanding any other provision of law to the contrary, the\ndormitory authority may execute leases, subleases, or other agreements\nwith state supported schools for financing of the design, construction,\nrehabilitation, improvement, renovation, acquisition or provision,\nfurnishing or equipping of capital facilities; provided, however, that\nduring the two year period commencing July first, nineteen hundred\nninety-five, the amount of bonds inclusive of principal, interest and\nissuance costs to be issued for each individual lease, sublease, or\nother agreement shall not exceed fifteen million dollars annually;\nprovided further that the interest on such bonds may not be deferred\nthrough additional borrowing; and provided finally that the total amount\nof such bonds for all such leases, subleases, or agreements with state\nsupported schools during such period shall not exceed sixty-five million\ndollars.\n  On or before September first of each year, the commissioner shall\nsubmit to the chairs of the assembly ways and means committee, the\nsenate finance committee and the director of the budget, a capital plan\nfor those projects expected to be bonded for state supported schools\npursuant to this section, within such sixty-five million dollar\nallowance. After application of the principles of the capital assets\npreservation program, such plan shall accord priority to health and\nsafety considerations and shall specify the name, location, estimated\ntotal cost of the project at the time the project is to be bid, the\nanticipated bid date and the anticipated completion date and may contain\nany further recommendations the commissioner may deem appropriate.\n
N.Y. EDN Law § 213-B — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 213-B
Unlawful sale of dissertations, theses and term papers
Status: in_force

§ 213-b. Unlawful sale of dissertations, theses and term papers. 1. No\nperson shall, for financial consideration, or the promise of financial\nconsideration, prepare, offer to prepare, cause to be prepared, sell or\noffer for sale to any person any written material which the seller\nknows, is informed or has reason to believe is intended for submission\nas a dissertation, thesis, term paper, essay, report or other written\nassignment by a student in a university, college, academy, school or\nother educational institution to such institution or to a course,\nseminar or degree program held by such institution.\n  2. Nothing herein contained shall prevent such educational institution\nor any member of its faculty or staff, from offering courses,\ninstruction, counseling or tutoring for research or writing as part of a\ncurriculum or other program conducted by such educational institution.\nNor shall this section prevent any educational institution or any member\nof its faculty or staff from authorizing students to use statistical,\ncomputer, or any other services which may be required or permitted by\nsuch educational institution in the preparation, research or writing of\na dissertation, thesis, term paper, essay, report or other written\nassignment. Nor shall this section prevent tutorial assistance rendered\nby other persons which does not include the preparation, research or\nwriting of a dissertation, thesis, term paper, essay, report or other\nwritten assignment intended for submission to such educational\ninstitution in fulfillment of the requirements for a degree, diploma,\ncertificate or course of study. Nor shall any person be prevented by the\nprovisions of this section from rendering services for a fee which shall\nbe limited to the typing, transcription or reproduction of a manuscript.\n  3. Nothing contained within this section shall prevent any person from\nselling or offering for sale a publication or other written material\nwhich shall have been registered under the United States laws of\ncopyright, provided, however, that the owner of such copyright shall\nhave given his authorization or approval for such sale and provided\nfurther that such publication or other written material shall not be\nintended for submission as a dissertation, thesis, term paper, essay,\nreport or other written assignment to such educational institution\nwithin the state of New York in fulfillment of the requirements for a\ndegree, diploma, certificate or course of study.\n  4. No person shall sell, assign or otherwise transfer for business or\nfor any other purpose to any person any information and material of a\npersonal or private nature acquired from a purchaser of a dissertation,\nthesis, term paper, essay, report or other written assignment without\nthe prior consent of such purchaser. The term "information and material\nof a personal or private nature" as used in this subdivision shall\ninclude, but not be limited to the name of such purchaser, his address\nand telephone number, the name of such educational institution, the name\nor number of the course, the name of the faculty member or members for\nwhom such written assignment has been prepared and any description of\nthe research involved or the nature of such written assignment.\n  5. A violation of the provisions of this section shall constitute a\nclass B misdemeanor.\n  6. The attorney general and district attorney of the county wherein a\nviolation of this section occurs shall have concurrent authority to\ninvestigate and prosecute any violation of this section and any related\nviolations discovered during the course of such investigation.\n  7. Whenever there shall be a violation of this section, an applica-\ntion also may be made by the attorney general in the name of the people\nof the state of New York to a court or justice having jurisdiction to\nissue an injunction, and upon notice to the defendant of not less than\nfive days, to enjoin and restrain the continuance of such violation; and\nif it shall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding the court may make\nallowances to the attorney general as provided in section eighty-three\nhundred three, subdivision six of the civil practice law and rules. In\nconnection with any such proposed application, the attorney general is\nauthorized to take proof and make a determination of the relevant facts\nand to issue subpoenas in accordance with the civil practice law and\nrules. Additionally, the attorney general may apply in any such\nproceeding for a monetary penalty of not more than one thousand dollars\nper violation.\n
N.Y. ELN Law § 7-130 — New York Code / Act ELN / Article 7 / Title 1 / Section 7-130
Ballots; examination by voters and instruction in use of voting machines
Status: in_force

§ 7-130. Ballots; examination by voters and instruction in use of\nvoting machines. One or more voting machines which shall contain the\nballot labels, showing the title of officers to be voted for, and which\nshall so far as practicable contain the names of the candidates to be\nvoted for, shall be placed on public exhibition in some suitable place\nby the board of elections, in charge of competent instructors, for at\nleast three days during the thirty days next preceding an election. No\nvoting machine which is to be assigned for use in an election shall be\nused for such purpose after having been prepared and sealed for the\nelection. During such public exhibition, the counting mechanism of the\nmachine shall be concealed from view and the doors may be temporarily\nopened only when authorized by the board or official having charge and\ncontrol of the election. Any voter shall be allowed to examine such\nmachine, and upon request shall be instructed in its use.\n
N.Y. PBA Law § 1020-J*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-J*2
State and village not liable on bonds and notes
Status: in_force

* § 1020-j. State and village not liable on bonds and notes. The bonds\nand other obligations of the authority shall not be a debt of the state\nor of the village and, subject to section one thousand twenty-o of this\ntitle, the board shall have no power to make them payable out of any\nfunds except those of the authority.\n  * NB There are 2 § 1020-j's\n
N.Y. SOS Law § 384-A — New York Code / Act SOS / Article 6 / Title 1 / Section 384-A
Transfer of care and custody of children
Status: in_force

§ 384-a. Transfer of care and custody of children. 1. Method. The care\nand custody of a child may be transferred by a parent or guardian, and\nthe care of a child may be transferred by any person to whom a parent\nhas entrusted the care of the child, to an authorized agency by a\nwritten instrument in accordance with the provisions of this section.\nSuch transfer by a person who is not the child's parent or guardian\nshall not affect the rights or obligations of the parents or guardian,\nand such transfer shall be deemed a transfer of the care and custody of\nthe child for the purposes of section three hundred fifty-eight-a of\nthis chapter.\n  1-a. Prior to accepting a transfer of care and custody, a local social\nservices official shall commence a search to locate any non-respondent\nparent of the child and shall conduct an immediate investigation to (a)\nlocate relatives of the child, including all of the child's\ngrandparents, all suitable relatives identified by either and any\nrelative identified by a child over the age of five as a relative who\nplays or has played a significant positive role in his or her life, and\nto inform them of the opportunity for becoming foster parents or for\nseeking custody or care of the child, and that the child may be adopted\nby foster parents if attempts at reunification with the birth parent are\nnot required or are unsuccessful; and to determine whether the child may\nappropriately be placed with a suitable person related to the child and\nwhether such relative seeks approval as a foster parent pursuant to this\nchapter for the purposes of providing care for such child, or wishes to\nprovide care and custody for the child until the parent or other person\nresponsible for the care of the child is able to resume custody; and (b)\nidentify minor siblings or half-siblings of the child and to determine\nwhether such siblings or half-siblings have been or are being\ntransferred to the care and custody of such official. Such official\nshall provide or arrange for the provision of care so as to permit the\nchild and his or her minor siblings or half-siblings to be placed\ntogether unless, in the judgment of such official, such placement would\nbe contrary to the best interests of the children; whereupon, such\nofficial shall provide or arrange for regular visitation and other forms\nof regular communication between such children unless, in the judgment\nof such official, such visitation and communication would be contrary to\nthe best interests of such children. Placement or regular visitation and\ncommunication with siblings or half-siblings shall be presumptively in\nthe child's best interests unless such placement or visitation and\ncommunication would be contrary to the child's health, safety or\nwelfare, or the lack of geographic proximity precludes or prevents\nvisitation.\n  1-b. Upon accepting the transfer of care and custody of a child from\nthe parent, guardian or other person to whom care of the child has been\nentrusted, a local social services official shall obtain information to\nthe extent known from such person regarding the other parent, any person\nto whom the parent transferring care and custody had been married at the\ntime of the conception or birth of the child, any person who would be\nentitled to consent to the adoption of the child pursuant to subdivision\none of section one hundred eleven of the domestic relations law, and any\nother person listed in subdivision two of section three hundred\neighty-four-c of this title. Such information shall include, but not be\nlimited to, such parent's or person's name, last-known address, social\nsecurity number, employer's address and any other identifying\ninformation. Any information provided pursuant to this subdivision shall\nbe recorded in the uniform case record maintained pursuant to section\nfour hundred nine-f of this article; provided, however, that the failure\nto provide such information shall not invalidate the transfer of care\nand custody.\n  2. Terms. (a) The instrument shall be upon such terms, for such time\nand subject to such conditions as may be agreed upon by the parties\nthereto.  The office of children and family services may promulgate\nsuggested terms and conditions for inclusion in such instruments, but\nshall not require that any particular terms and conditions be included.\nIf the instrument provides that the child is to be returned by the\nauthorized agency on a date certain or upon the occurrence of an\nidentifiable event, such agency shall return such child at such time\nunless such action would be contrary to court order entered at any time\nprior to such date or event or within ten days thereafter pursuant to\nsection three hundred eighty-four-b of this title or article six, ten,\nor ten-A of the family court act or unless and so long as the parent or\nguardian is unavailable or incapacitated to receive the child. The\nparent or guardian may, upon written notice to such agency, request\nreturn of the child at any time prior to the identified date or event,\nwhereupon such agency may, without court order, return the child or,\nwithin ten days after such request, may notify the parent or guardian\nthat such request is denied. If such agency denies or fails to act upon\nsuch request, the parent or guardian may seek return of the care and\ncustody of the child by motion in family court for return of such child\nand order to show cause, or by writ of habeas corpus in the supreme\ncourt or family court.  If the instrument fails to specify a date or\nidentifiable event upon which such agency shall return such child, such\nagency shall return the child within twenty days after having received\nnotice that the parent or guardian wishes the child returned, unless\nsuch action would be contrary to court order entered at any time prior\nto the expiration of such twenty day period pursuant to section three\nhundred eighty-four-b of this title or article six, ten, or ten-A of the\nfamily court act.  Expenditures by a local social services district for\nthe care and maintenance of a child who has been continued in the care\nof an authorized agency in violation of the provisions of this\nsubdivision shall not be subject to state reimbursement.\n  (b) No provisions set forth in any such instrument regarding the right\nof the parent or guardian to visit the child or to have services\nprovided to the child and to the parent or guardian to strengthen the\nparental relationship may be terminated or limited by the authorized\nagency having the care and custody of the child unless: (i) the\ninstrument shall have been amended to so limit or terminate such right,\npursuant to subdivision three of this section; or (ii) the right of\nvisitation or to such services would be contrary to or inconsistent with\na court order obtained in any proceeding in which the parent or guardian\nwas a party.\n  (c) The instrument shall state, in lay terms, in conspicuous print of\nat least eighteen point type:\n  (i) that the parent or guardian has the right, prior to signing the\ninstrument transferring the care and custody of the child to an\nauthorized agency, to legal representation of the parent's own choosing.\nThe agency shall provide the parent or guardian with a list of attorneys\nor legal services organizations, if any, which provide free legal\nservices to persons unable to otherwise obtain such services;\n  (ii) that the parent or guardian has no legal obligation to transfer\nthe care and custody of the child to such official, and will incur no\nlegal sanction for failing to do so;\n  (iii) that the law permits the instrument to specify a date certain or\nan identifiable event upon which the child is to be returned, and if no\ndate or event is specified, that the parent or guardian has a right to\nthe return of the child within twenty days of a request for return,\nunless otherwise ordered by the court; and to otherwise have the child\nreturned in accordance with the terms of the instrument and the\nprovisions of this section;\n  (iv) that the parent or guardian has a right to supportive services,\nwhich shall include preventive and other supportive services authorized\nto be provided pursuant to the state's consolidated services plan, to\nvisit the child, and to determine jointly with the agency the terms and\nfrequency of visitation;\n  (v) that the parent or guardian, subject to the terms of the\ninstrument, has an obligation\n  (A) to visit the child,\n  (B) to plan for the future of the child,\n  (C) to meet with and consult with the agency about such plan,\n  (D) to contribute to the support of the child to the extent of his or\nher financial ability to do so, and\n  (E) to inform the agency of any change of name and address;\n  (vi) that the failure of the parent or guardian to meet the\nobligations listed in subparagraph (v) could be the basis for a court\nproceeding for the commitment of the guardianship and custody of the\nchild to an authorized agency thereby terminating parental rights;\n  (vii) that the parent or guardian has a right to a fair hearing\npursuant to section twenty-two of this chapter concerning the agency's\nfailure to permit the parent or guardian to visit the child or to\nprovide supportive services, which shall include preventive and other\nsupportive services authorized to be provided pursuant to the state's\nconsolidated services plan, to the child and to the parent or guardian;\n  (viii) the amount of money which the parent will periodically\ncontribute to the support of the child and the schedule for such\npayments, if known.\n  (ix) that if the child remains in foster care for fifteen of the most\nrecent twenty-two months, the agency may be required by law to file a\npetition to terminate parental rights.\n  (d) In any case where a parent who has transferred care and custody of\na child to a social services official pursuant to this section informs\nthe social services official that an order or judgment conferring\nvisitation rights relating to the child has been entered by the family\ncourt or supreme court or that a written agreement as described in\nsection two hundred thirty-six of the domestic relations law between the\nparents confers such rights, any instrument executed pursuant to this\nsection shall incorporate the provisions of such order, judgment or\nagreement to the extent that visitation rights are affected and shall\nprovide for visitation or other rights as required by such order,\njudgment or agreement. Such incorporation shall not preclude a social\nservices official from exercising his authority pursuant to paragraph\n(e) or (f) of this subdivision.\n  (e) Where a social services official opposes incorporation of an\norder, judgment or agreement described in paragraph (d) of this\nsubdivision, such official may, upon execution of the instrument\ndescribed in this section and upon notice to the non-custodial parent or\ngrandparent named in such order, judgment or agreement, be heard thereon\nin a proceeding pursuant to section three hundred fifty-eight-a of this\nchapter.\n  (f) Nothing in this section shall be deemed to prohibit a social\nservices official or an attorney for the child, if any, from making an\napplication to modify the terms of a visitation order, incorporated\npursuant to this section, for good cause shown, upon notice to all\ninterested parties, or to limit the right of a non-custodial parent or\ngrandparent to seek visitation pursuant to applicable provisions of law.\n  (g) In the event a child whose care and custody is transferred\npursuant to this section is admitted to a hospital operated or licensed\nby the office of mental health and cannot be returned to the physical\ncustody of his or her parent or guardian upon request because, pursuant\nto section four hundred of this chapter, the medical director of the\nfacility has not authorized the removal of the child, the child shall\nnonetheless be deemed to have been returned to the legal care and\ncustody of his or her parent or guardian. Expenditures by a social\nservices district for the care and maintenance of such a child shall be\nsubject to state reimbursement notwithstanding the provisions of section\none hundred fifty-three-b of this chapter.\n  (h) (i) Where a local social services official determines that a child\nis at significant risk of placement in the care and custody of the local\ncommissioner of social services during the eighteen months immediately\nfollowing review by such official because the custodial parent or legal\nguardian of such child is suffering from a progressively chronic or\nirreversibly fatal illness and it is determined that there is neither a\nrelative nor a close friend identified by the custodial parent or the\nlegal guardian able to assume legal guardianship of the child, the\ncustodial parent or legal guardian shall be assisted by the local social\nservices district in transferring the care and custody of the child to\nan authorized agency by a written instrument in accordance with the\nprovisions for this section which provides the transfer shall not take\neffect until the parent or legal guardian dies, becomes debilitated or\nincapacitated as defined in subdivision one of section seventeen hundred\ntwenty-six of the surrogate's court procedure act.\n  (ii) Where a local social services official determines that a child is\nat significant risk of placement in the care and custody of the local\ncommissioner of social services during the eighteen months immediately\nfollowing a review of such official because the custodial parent or\nlegal guardian is suffering from a progressively chronic or irreversibly\nfatal illness and there is a relative or close friend identified by the\ncustodial parent or legal guardian who is able and willing to assume\ncare and custody of the child, but who requires foster care services and\nfinancial support thereof pursuant to section three hundred\nninety-eight-a of this article, the custodial parent or legal guardian\nshall be assisted by the local social services district in transferring\nthe care and custody of the child to an authorized agency by a written\ninstrument in accordance with the provisions of this section. Such\ninstrument shall provide that the transfer of custody shall not take\neffect until the parent or legal guardian dies, becomes debilitated or\nincapacitated as defined in subdivision one of section seventeen hundred\ntwenty-six of the surrogate's court procedure act. If otherwise\nqualified, the social services official shall assist the person\nidentified to accept care and custody of the child to become certified\nas a foster parent.\n  (iii) A local social services official who accepts or proposes to\naccept the care and custody of a child by means of a written instrument\nexecuted pursuant to this paragraph, shall, pursuant to section three\nhundred fifty-eight-a of this chapter, petition the family court of the\ncounty or city in which the local social services official has his or\nher office to approve such written instrument. A written instrument\nexecuted pursuant to this paragraph and approved pursuant to section\nthree hundred fifty-eight-a of this chapter shall be in effect until the\ncourt reviews the child's placement pursuant to article ten-A of the\nfamily court act. The status of a child subject to such an instrument\nshall be reviewed by the court pursuant to article ten-A of the family\ncourt act.\n  (iv) Upon receiving a notice from the custodial parent or the legal\nguardian that the parent or legal guardian is no longer debilitated or\nincapacitated and that the parent or legal guardian requests the\nimmediate return of the child, the social services district shall return\nsuch child to the parent or legal guardian within ten days of receiving\nnotice, except where a contrary court order has been issued pursuant to\npart two, five or seven of article ten of the family court act.\n  3. Amendment. (a) The parties to the instrument or anyone acting on\ntheir behalf with their consent may amend it by mutual consent but only\nby a supplemental instrument executed in the same manner as the original\ninstrument. The supplemental instrument shall be attached to, and become\npart of, the original instrument. The supplemental instrument shall\ncontain the recitation required in paragraph (c) of subdivision two of\nthis section.\n  (b) The instrument shall also be deemed amended where ordered by the\nfamily court pursuant to the provisions of paragraph (d) of subdivision\nten of section three hundred fifty-eight-a of this chapter.\n  4. Execution. The instrument shall be executed in the presence of one\nor more witnesses and shall include only the provisions, terms and\nconditions agreed upon by the parties thereto.\n  5. Records. The instrument shall be kept in a file maintained for that\npurpose by the agency accepting the care and custody of the child. A\ncopy of the instrument shall be given to the parent or guardian at the\ntime of the execution of the instrument.\n  6. An instrument executed pursuant to the provisions of this section\nshall not constitute a remand or commitment pursuant to this chapter.\n
N.Y. LAB Law § 403 — New York Code / Act LAB / Article 15 / Title 1 / Section 403
Storage of inflammable supplies
Status: in_force

§ 403. Storage of inflammable supplies. No powder or oils shall be\nstored in any mine, tunnel or quarry, or in or around any shaft, engine\nor boiler house. All inflammable or destructive supplies shall be stored\nat safe distances from mine or tunnel openings.\n
N.Y. PBH Law § 604 — New York Code / Act PBH / Article 6 / Title 1 / Section 604
Supervision of public health programs
Status: in_force

§ 604. Supervision of public health programs. In order to be eligible\nfor state aid, under this title, each municipality shall employ a\nfull-time local commissioner of health or public health director to\nsupervise the provision of public health services for that municipality,\nsubject to the following exceptions:\n  1. such person may serve as the head of a merged agency or multiple\nagencies, if the approval of the commissioner is obtained; and\n  2. such person may serve as the local commissioner of health or public\nhealth director of additional counties, when authorized pursuant to\nsection three hundred fifty-one of this chapter.\n
N.Y. PBH Law § 2202 — New York Code / Act PBH / Article 22 / Title 1 / Section 2202
Tuberculosis; care and treatment
Status: in_force

§ 2202. Tuberculosis; care and treatment.  1. (a) Notwithstanding any\ninconsistent provision of this chapter or of any other general, special\nor local law or city charter, when a person suffering from tuberculosis\nor suspected of having tuberculosis is in need of care and treatment\ntherefor from a hospital, as defined in article twenty-eight of this\nchapter, or a certified home health agency which provides such care and\ntreatment, the county or the city of New York, as the case may be, in\nwhich such person resides or is found shall provide or secure such care\nand treatment.\n  (b) The legislative body of each county and the corresponding\nauthority of the city of New York shall designate the commissioner of\nhealth of any county or part-county health district or the city of New\nYork or, in a county lacking a county or part-county health district,\nthe county health director, or appropriate health officer, as the case\nmay be, to be responsible for providing or securing such care and\ntreatment.\n  (c) The cost to the hospital or other provider as established in\naccordance with the provisions of section twenty-eight hundred seven of\nthis chapter relating to rates of payment of such care and treatment\nshall be a charge against the county or the city of New York, as the\ncase may be, in which such person has local residence, except that third\nparty coverage or indemnification shall first be applied against the\ntotal cost to the hospital or other provider as established in\naccordance with the provisions of section twenty-eight hundred seven of\nthis chapter relating to rates of payment of the individual's care and\ntreatment as hereinafter provided.\n  (d) The care and treatment of state charges, as defined in this\narticle, shall be subject to the rules of the commissioner who may\ndesignate any local public official to act for him in emergency cases\ninvolving such state charges.\n  (e) Diagnoses, tests, studies or analyses for the discovery of\ntuberculosis and care and treatment by a hospital, as defined in article\ntwenty-eight of this chapter, or by a certified home health agency which\nare provided by the state or by any county or city shall be available\nwithout cost or charge to the persons receiving such examinations, care\nor treatment, except that the third party coverage or indemnification\nshall first be applied against the total cost to the hospital or other\nprovider as established in accordance with the provisions of section\ntwenty-eight hundred seven of this chapter relating to rates of payment\nof the individual's care and treatment as hereinafter provided.\n  2. Any person who volunteers to assume and pay for the cost of such\nhospital care and treatment or for the cost of such diagnosis, test,\nstudy or analysis shall be permitted to do so; but no state, county,\ncity or other public official shall request or require payment or make,\nor cause to be made, any inquiry or investigation for the purpose of\ndetermining the ability of a person or of his legally responsible\nrelatives to pay for diagnoses, tests, studies or analyses for the\ndiscovery of tuberculosis or for care and treatment provided by a\nhospital, as defined by article twenty-eight of this chapter, or by a\ncertified home health agency except to determine if there is third party\ncoverage or indemnification to pay or indemnify all or part of such cost\nto the hospital or other provider as established in accordance with the\nprovisions of section twenty-eight hundred seven of this chapter\nrelating to rates of payment.\n  3. Determinations and orders concerning liability to pay for care and\ntreatment and the provision of care and treatment to persons suffering\nfrom tuberculosis or suspected of having tuberculosis by the state or by\nany county or city shall be in accordance with the rules and regulations\nof the commissioner and expenses incurred therefor shall be eligible for\nstate aid reimbursement pursuant to the provisions of title two of\narticle six of this chapter after applying against the total cost to the\nhospital or other provider as established in accordance with the\nprovisions of section twenty-eight hundred seven of this chapter\nrelating to rates of payment of the individual's treatment the amounts\nreceived from or payable by medicare, workers' compensation, medical\nassistance in accordance with the social services law, or other third\nparty payers and indemnitors and less any payments made or assignable\nunder any federal law or laws heretofore enacted, provided, however,\nthat expenses incurred for inpatient hospital care shall be eligible for\nreimbursement for a period not to exceed six weeks for any individual\npatient during any calendar year, unless approved as necessary by the\ncommissioner for a longer period of time.\n  4. If upon a review of a claim submitted for the purposes of state aid\nreimbursement, the county, or the part county health district, or the\ncity of New York, or the state determine that the person was in fact\neligible for third party coverage or indemnification at the time care\nand treatment was provided and the hospital or certified home health\nagency failed to make a good faith effort to determine third party\ncoverage or indemnification, the hospital or the certified home health\nagency shall not receive state aid reimbursement for that claim from the\ncounty or the city of New York. The commissioner shall promulgate rules\nand regulations requiring recoupment or repayment from the hospital or\nthe certified home health agency if the hospital or the certified home\nhealth agency has already received state aid reimbursement from the\ncounty or the city of New York.\n
N.Y. EDN Law § 695-D — New York Code / Act EDN / Title 1 / Article 14-A / Section 695-D
Powers of the comptroller
Status: in_force

§ 695-d. Powers of the comptroller. 1. The comptroller may implement\nthe program through use of financial organizations as account\ndepositories and managers. Under the program, individuals may establish\naccounts directly with an account depository.\n  2. The comptroller may solicit proposals from financial organizations\nto act as depositories and managers of the program. Financial\norganizations submitting proposals shall describe the investment\ninstrument which will be held in accounts. The comptroller shall select\nas program depositories and managers the financial organization, from\namong the bidding financial organizations that demonstrates the most\nadvantageous combination, both to potential program participants and\nthis state, of the following factors:\n  a. Financial stability and integrity of the financial organization;\n  b. The safety of the investment instrument being offered;\n  c. The ability of the investment instrument to track increasing costs\nof higher education;\n  d. The ability of the financial organization to satisfy recordkeeping\nand reporting requirements;\n  e. The financial organization's plan for promoting the program and the\ninvestment it is willing to make to promote the program;\n  f. The fees, if any, proposed to be charged to persons for opening\naccounts;\n  g. The minimum initial deposit and minimum contributions that the\nfinancial organization will require;\n  h. The ability of banking organizations to accept electronic\nwithdrawals, including payroll deduction plans; and\n  i. Other benefits to the state or its residents included in the\nproposal, including fees payable to the state to cover expenses of\noperation of the program.\n  3. The comptroller may enter into a contract with a financial\norganization. Such financial organization management may provide one or\nmore types of investment instrument.\n  4. The comptroller may select more than one financial organization for\nthe program.\n  5. A management contract shall include, at a minimum, terms requiring\nthe financial organization to:\n  a. Take any action required to keep the program in compliance with\nrequirements of section six hundred ninety-five-e of this article and\nany actions not contrary to its contract to manage the program to\nqualify as a "qualified state tuition plan" under section 529 of the\nInternal Revenue Code of 1986, as amended;\n  b. Keep adequate records of each account, keep each account segregated\nfrom each other account, and provide the comptroller with the\ninformation necessary to prepare the statements required by section six\nhundred ninety-five-e of this article;\n  c. Compile and total information contained in statements required to\nbe prepared under section six hundred ninety-five-e of this article and\nprovide such compilations to the comptroller;\n  d. If there is more than one program manager, provide the comptroller\nwith such information necessary to determine compliance with section six\nhundred ninety-five-e of this article;\n  e. Provide the comptroller or his designee access to the books and\nrecords of the program manager to the extent needed to determine\ncompliance with the contract;\n  f. Hold all accounts for the benefit of the account owner;\n  g. Be audited at least annually by a firm of certified public\naccountants selected by the program manager and that the results of such\naudit be provided to the comptroller;\n  h. Provide the comptroller with copies of all regulatory filings and\nreports made by it during the term of the management contract or while\nit is holding any accounts, other than confidential filings or reports\nthat will not become part of the program. The program manager shall make\navailable for review by the comptroller the results of any periodic\nexamination of such manager by any state or federal banking, insurance,\nor securities commission, except to the extent that such report or\nreports may not be disclosed under applicable law or the rules of such\ncommission; and\n  i. Ensure that any description of the program, whether in writing or\nthrough the use of any media, is consistent with the marketing plan\ndeveloped in the memorandum of understanding pursuant to the provisions\nof section six hundred ninety-five-c of this article.\n  6. The comptroller may provide that an audit shall be conducted of the\noperations and financial position of the program depository and manager\nat any time if the comptroller has any reason to be concerned about the\nfinancial position, the recordkeeping practices, or the status of\naccounts of such program depository and manager.\n  7. During the term of any contract with a program manager, the\ncomptroller shall conduct an examination of such manager and its\nhandling of accounts. Such examination shall be conducted at least\nbiennially if such manager is not otherwise subject to periodic\nexamination by the superintendent of financial services, the federal\ndeposit insurance corporation or other similar entity.\n  8. a. If selection of a financial organization as a program manager or\ndepository is not renewed, after the end of its term:\n  (i) Accounts previously established and held in investment instruments\nat such financial organization may be terminated;\n  (ii) Additional contributions may be made to such accounts;\n  (iii) No new accounts may be placed with such financial organization;\nand\n  (iv) Existing accounts held by such depository shall remain subject to\nall oversight and reporting requirements established by the comptroller.\n  b. If the comptroller terminates a financial organization as a program\nmanager or depository, he or she shall take custody of accounts held by\nsuch financial organization and shall seek to promptly transfer such\naccounts to another financial organization that is selected as a program\nmanager or depository and into investment instruments as similar to the\noriginal instruments as possible.\n  9. The comptroller may enter into such contracts as it deems necessary\nand proper for the implementation of the program.\n
N.Y. EDN Law § 234 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 234
Indian collection
Status: in_force

§ 234. Indian collection.  There shall be made, as the Indian section\nof the state museum, as complete a collection as practicable of the\nhistorical, ethnographic and other records and relics of the Indians of\nthe state of New York, including implements or other articles pertaining\nto their domestic life, agriculture, the chase, war, religion, burial\nand other rites or customs.\n
N.Y. ENV Law § 51-0105 — New York Code / Act ENV / Article 51 / Title 1 / Section 51-0105
State assistance application procedure
Status: in_force

§ 51-0105. State assistance application procedure.\n  1. A municipality upon the recommendation of its governing body may\nsubmit an application for state assistance toward the cost of any\nproject which is eligible for state assistance pursuant to this article\nto the commissioner in such form and containing such information as he\nmay require.\n  2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects.\n  3. Upon approval of a project application, a municipality may enter\ninto a contract as further provided within this article with the\ncommissioner for payment of state assistance to be received pursuant to\nthis article.\n
N.Y. PML Law § 1304 — New York Code / Act PML / Article 13 / Title 1 / Section 1304
Commission reporting
Status: in_force

§ 1304. Commission reporting. The commission shall report monthly to\nthe governor, the senate and the assembly, the senate finance committee\nand the assembly ways and means committee, and the chairs of the senate\nracing, gaming and wagering committee and the assembly racing and\nwagering committee on economic development and emerging technologies on\nthe total gaming revenues, prize disbursements and other expenses for\nthe preceding month and shall make an annual report to the same\nrecipients which shall include a full and complete statement of gaming\nrevenues, prize disbursements and other expenses, including such\nrecommendations as the commission considers necessary or advisable. The\ncommission shall also report immediately to the aforementioned on any\nmatter which requires immediate changes in the laws in order to prevent\nabuses or evasions of the laws, rules or regulations related to gaming\nor to rectify undesirable conditions in connection with the\nadministration or operation of gaming in the state.\n
N.Y. GMU Law § 858 — New York Code / Act GMU / Article 18-A / Title 1 / Section 858
Purposes and powers of the agency
Status: in_force

§ 858. Purposes and powers of the agency.  The purposes of the agency\nshall be to promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing industrial, manufacturing, warehousing, commercial, research,\nrenewable energy and recreation facilities including industrial\npollution control facilities, educational or cultural facilities,\nrailroad facilities, horse racing facilities, automobile racing\nfacilities, renewable energy projects and continuing care retirement\ncommunities, provided, however, that, of agencies governed by this\narticle, only agencies created for the benefit of a county and the\nagency created for the benefit of the city of New York shall be\nauthorized to provide financial assistance in any respect to a\ncontinuing care retirement community, and thereby advance the job\nopportunities, health, general prosperity and economic welfare of the\npeople of the state of New York and to improve their recreation\nopportunities, prosperity and standard of living; and to carry out the\naforesaid purposes, each agency shall have the following powers:\n  (1) To sue and be sued;\n  (2) To have a seal and alter the same at pleasure;\n  (3) To acquire, hold and dispose of personal property for its\ncorporate purposes;\n  (4) To acquire by purchase, grant, lease, gift, pursuant to the\nprovisions of the eminent domain procedure law, or otherwise and to use,\nreal property or rights or easements therein necessary for its corporate\npurposes in compliance with the local zoning and planning regulations\nand shall take into consideration regional and local comprehensive land\nuse plans and state designated heritage area management plans, and to\nsell, convey, mortgage, lease, pledge, exchange or otherwise dispose of\nany such property in such manner as the agency shall determine. In the\ncase of railroad facilities, however, the phrase to use real property or\nrights or easements therein shall not be interpreted to include\noperation by the agency of rail service upon or in conjunction with such\nfacilities.\n  (5) To make by-laws for the management and regulation of its affairs\nand, subject to agreements with its bondholders, for the regulation of\nthe use of a project or projects.\n  (6) With the consent of the municipality, to use agents, employees and\nfacilities of the municipality, paying the municipality its agreed\nproportion of the compensation or costs;\n  (7) To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation and to pay the same out of\nfunds of the agency, provided, however, that an elected officer of the\nmunicipality may not serve as a compensated officer, agent or employee\nof the agency;\n  (8) (a) To appoint an attorney, who may be the counsel of the\nmunicipality, and to fix the attorney's compensation for services which\nshall be payable to the attorney, and to retain and employ private\nconsultants for professional and technical assistance and advice;\n  (b) An attorney acting as bond counsel for a project must file with\nthe agency a written statement in which the attorney identifies each\nparty to the transaction which such attorney represents. If bond counsel\nprovides any legal services to parties other than the agency the written\nstatement must describe the nature of legal services provided by such\nbond counsel to all parties to the transaction, including the nature of\nthe services provided to the agency.\n  (9) To make contracts and leases, and to execute all instruments\nnecessary or convenient to or with any person, firm, partnership or\ncorporation, either public or private; provided, however, that any\nextension of an existing contract, lease or other agreement entered into\nby an agency with respect to a project shall be guided by the provisions\nof this article;\n  (10) To acquire, construct, reconstruct, lease, improve, maintain,\nequip or furnish one or more projects;\n  (11) To accept gifts, grants, loans, or contributions from, and enter\ninto contracts or other transactions with, the United States and the\nstate or any agency of either of them, any municipality, any public or\nprivate corporation or any other legal entity, and to use any such\ngifts, grants, loans or contributions for any of its corporate purposes;\n  (12) To borrow money and to issue bonds and to provide for the rights\nof the holders thereof;\n  (13) To grant options to renew any lease with respect to any project\nor projects and to grant options to buy any project at such price as the\nagency may deem desirable;\n  (14) To designate the depositories of its money either within or\nwithout the state;\n  (15) To enter into agreements requiring payments in lieu of taxes.\nSuch agreements shall be in writing and in addition to other terms shall\ncontain: the amount due annually to each affected tax jurisdiction (or a\nformula by which the amount due can be calculated), the name and address\nof the person, office or agency to which payment shall be delivered, the\ndate on which payment shall be made, and the date on which payment shall\nbe considered delinquent if not paid. Unless otherwise agreed by the\naffected tax jurisdictions, any such agreement shall provide that\npayments in lieu of taxes shall be allocated among affected tax\njurisdictions in proportion to the amount of real property tax and other\ntaxes which would have been received by each affected tax jurisdiction\nhad the project not been tax exempt due to the status of the agency\ninvolved in the project. A copy of any such agreement shall be delivered\nto each affected tax jurisdiction within fifteen days of signing the\nagreement. In the absence of any such written agreement, payments in\nlieu of taxes made by an agency shall be allocated in the same\nproportions as they had been prior to January first, nineteen hundred\nninety-three for so long as the agency's activities render a project\nnon-taxable by affected tax jurisdictions. A notification of the\nexpiration of such agreement shall be delivered to the affected tax\njurisdiction two years prior to the expiration of such agreement and\nimmediately upon early termination of an agreement;\n  (16) To establish and re-establish its fiscal year; and\n  (17) To do all things necessary or convenient to carry out its\npurposes and exercise the powers expressly given in this title.\n
N.Y. RPT Law § 818 — New York Code / Act RPT / Article 8 / Title 1 / Section 818
Determination on review
Status: in_force

§ 818. Determination on review. 1. On review of the equalization made\nby the county equalization agency, the state board of real property tax\nservices shall review such equalization and shall determine whether such\nequalization is fair and equitable and if not, what corrections should\nbe made. The state board of real property tax services shall certify its\ndetermination in writing to the county legislative body and to the chief\nexecutive officer of each city or town complaining, if any.\n  2. Such determination shall have the same force and effect as an\noriginal equalization made by the county equalization agency within the\ntime prescribed by law.\n  3. If the state board of real property tax services determines that\nthe equalization made by a county equalization agency in a county\ncontaining a designated large property, as that term is described in\nsection eight hundred forty-seven of this article, is not fair and\nequitable, it shall issue an order directing correction of such\nequalization, which may include the apportionment and levy of taxes in\nthe manner provided in section eight hundred five of this title.\n
N.Y. EDN Law § 809-A — New York Code / Act EDN / Title 1 / Article 17 / Section 809-A
Instruction in the safe use of firearms and in the game laws
Status: in_force

§ 809-a. Instruction in the safe use of firearms and in the game laws.\nThe officer, board, or commission authorized or required to prescribe\ncourses of instructions in any school under state control, may authorize\ninstructions to be given in the safe and proper use of firearms allowed\nby law to be used in the taking of wild game, and may also authorize\ninstructions to be given in the study of game laws and of proper hunting\nand conservation practices.  Such courses of instruction shall be\napproved by both the education department and the department of\nenvironmental conservation.\n
N.Y. EDN Law § 1006 — New York Code / Act EDN / Title 1 / Article 21 / Section 1006
Acceptance of law of the United States
Status: in_force

§ 1006. Acceptance of law of the United States.  The state of New\nYork, through its legislative authority:\n  1. Accepts the provisions of any law of the United States making\nappropriation to be apportioned among the states for vocational\nrehabilitation of disabled persons, and accepts the provisions of any\nlaw of the United States making appropriation for apportionment or\ngrants among the states for services for disabled persons.\n  2. Empowers and directs the board of regents of the university, hereby\ndesignated the New York state board for vocational education, to\ncooperate with such agency as the federal government shall designate to\ncarry out the purposes of such law.\n  3. Appoints the commissioner of taxation and finance and the state\ncomptroller as joint custodians of all money given to the state by the\nUnited States under the authority of such law, and such money shall be\npaid out in the manner provided by such act for the purposes therein\nspecified.\n
N.Y. EDN Law § 233-B — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 233-B
New York state freedom trail commission
Status: in_force

§ 233-b. New York state freedom trail commission. 1. a. There is\nhereby established within the department the New York state freedom\ntrail commission. The commission shall consist of twelve members, to be\nappointed as follows: three members to be appointed by the governor,\nthree members to be appointed by the board of regents, two members to be\nappointed by the temporary president of the senate, one member to be\nappointed by the minority leader of the senate, two members to be\nappointed by the speaker of the assembly, and one member to be appointed\nby the minority leader of the assembly. Such members shall be\nrepresentative of academic or public historians, corporations,\nfoundations, historical societies, civic organizations, and religious\ndenominations. In addition, the following state officers, or their\ndesignees, shall serve as members of the commission: the commissioner of\neducation, the head of the state museum, the head of the state archives,\nthe head of the office of state history, the commissioner of economic\ndevelopment, the head of the state tourism advisory council and the\ncommissioner of parks, recreation and historic preservation.\n  b. The commission shall begin functioning upon the appointment of a\nmajority of its members. The chair of the commission shall be chosen by\nthe members of the commission for a three year term. Commission members,\nother than ex officio members, shall serve for terms of five years and\nvacancies shall be appointed in the same manner as provided for original\nappointments.\n  c. The department and the office of parks, recreation and historic\npreservation may provide the commission with such staff, equipment, and\nfacilities as it may need.\n  2. As part of its responsibilities the commission shall be charged\nwith reviewing and assisting in the implementation of a master plan in\nconjunction with federal authorities; sponsoring commemorations,\nlinkages, seminars and public forum; assisting, encouraging, and\npromoting the making of applications for inclusion on the national or\nstate registers of historic places by the parties eligible to do so and\nthe inclusion of such places therein; and developing partnerships and\nseeking private and public funds to carry out activities to protect,\npreserve, and promote the important legacy and lessons of the freedom\ntrail and the underground railroad in New York state.\n  3. The commission shall report annually to the governor, the\nlegislature, and the board of regents for a period of five years from\nthe date of establishment of the commission, but beginning no later than\nJanuary first, nineteen hundred ninety-nine.\n
N.Y. SOS Law § 387 — New York Code / Act SOS / Article 6 / Title 1 / Section 387
Ineligibility for public foster care funds; fiscal penalties
Status: in_force

§ 387. * Ineligibility for public foster care funds; fiscal penalties.\n  * NB Effective until June 30, 2027\n  * Public foster care funds; ineligibility.\n  * NB Effective June 30, 2027\n  * 1. The office of children and family services shall, by regulation,\npromulgate standards to determine that an authorized agency, or one or\nmore of its programs or facilities, is ineligible to receive public\nfoster care funds or should be assessed a fiscal penalty. Such standards\nshall include the following:\n  (a) lack of public need, including but not limited to geographic or\nprogrammatic need, for the agency or one or more of its programs or\nfacilities;\n  (b) failure of the agency to promote the placement of children in\npermanent, safe family homes through return to the children's own\nfamilies or through adoption, or other appropriate objectives for\nchildren, as measured by such factors as length of stay in foster care\nfor children with similar personal and family characteristics; and\n  (c) a pattern or practice of repeated violation of the provisions of\nthis chapter or of the regulations of the office of children and family\nservices promulgated thereunder.\n  * NB Effective until June 30, 2027\n  * 1. The department shall, by regulation, promulgate standards to\ndetermine that an authorized agency, or one or more of its programs or\nfacilities, is ineligible to receive public foster care funds. Such\nstandards shall include the following:\n  (a) lack of public need, including but not limited to geographic or\nprogrammatic need, for the agency or one or more of its programs or\nfacilities;\n  (b) failure of the agency to promote the placement of children in\npermanent family homes through return to the children's own families or\nthrough adoption, or other appropriate objectives for children, as\nmeasured by such factors as length of stay in foster care for children\nwith similar personal and family characteristics; and\n  (c) a pattern or practice of repeated violation of the provisions of\nthis chapter or of the regulations of the department promulgated\nthereunder which have occasioned the denial of reimbursement pursuant to\nsection one hundred fifty-three-d or three hundred ninety-eight-b of\nthis chapter.\n  Such standards shall be developed with the participation of the child\nwelfare standards advisory council established pursuant to section four\nhundred nine-h of this chapter and in consultation with public and\nvoluntary authorized agencies, citizens' groups and concerned\nindividuals and organizations including the state council on children\nand families.\n  * NB Effective June 30, 2027\n  * 2. A determination of ineligibility to receive public foster care\nfunds or the assessment of a fiscal penalty shall be made upon a finding\nof substantial noncompliance with one or more of the standards developed\nand adopted pursuant to subdivision one of this section. Such findings\nand determination shall be made in accordance with the hearing\nprocedures set forth in section four hundred sixty-d of this chapter\nrelating to the revocation, suspension or limiting of operating\ncertificates. Such determination shall be subject to judicial review in\naccordance with article seventy-eight of the civil practice law and\nrules.\n  * NB Effective until June 30, 2027\n  * 2. A determination of ineligibility to receive public foster care\nfunds shall be made upon a finding of substantial noncompliance with one\nor more of the standards developed and adopted pursuant to subdivision\none of this section. Such findings and determination shall be made in\naccordance with the hearing procedures set forth in section four hundred\nsixty-d of this chapter relating to the revocation, suspension or\nlimiting of operating certificates. Such determination shall be subject\nto judicial review in accordance with article seventy-eight of the civil\npractice law and rules.\n  * NB Effective June 30, 2027\n  3. A determination of ineligibility to receive public foster care\nfunds shall specify whether it applies to the agency generally or to a\nparticular program or facility of the agency.\n  4. A social services official shall not purchase foster care from any\nauthorized agency, or program or facility thereof, which has been\ndetermined to be ineligible to receive public foster care funds in\naccordance with the provisions of this section. Any contract between a\nsocial services district and an authorized agency shall be deemed null\nand void to the extent that it is inconsistent with the provisions of\nthis subdivision.\n  5. The commissioner shall report forthwith in writing, to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly with respect to each case in which a determination of\nineligibility to receive public foster care funds has been made pursuant\nto this section.  Such report shall contain the name of the agency and\nthe reason or reasons for the determination of ineligibility.\n  * 6. Any fiscal penalty received by the office of children and family\nservices pursuant to this section shall be deposited to the credit of\nthe children and family services quality enhancement fund established\npursuant to section ninety-seven-yyy of the state finance law.\n  * NB Repealed June 30, 2027\n
N.Y. EDN Law § 669-E — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 669-E
New York state science, technology, engineering and mathematics incentive program
Status: in_force

§ 669-e. New York state science, technology, engineering and\nmathematics incentive program. 1. Undergraduate students who are\nmatriculated in an approved undergraduate program leading to a career in\nscience, technology, engineering or mathematics at a New York state\npublic institution of higher education for the purpose of subdivision\ntwo of this section, or a New York state private degree granting\ninstitution of higher education for the purpose of subdivision two-a of\nthis section, shall be eligible for an award under this section,\nprovided the applicant: (a) graduates from a high school located in New\nYork state during or after the two thousand thirteen--fourteen school\nyear; and (b) graduates within the top ten percent of his or her high\nschool class; and (c) enrolls in full-time study each term beginning in\nthe fall term after his or her high school graduation in an approved\nundergraduate program in science, technology, engineering or\nmathematics, as defined by the corporation, at a New York state\ninstitution of higher education; and (d) signs a contract with the\ncorporation agreeing that his or her award will be converted to a\nstudent loan in the event the student fails to comply with the terms of\nthis program as set forth in subdivision four of this section; and (e)\ncomplies with the applicable provisions of this article and all\nrequirements promulgated by the corporation for the administration of\nthe program.\n  2. Awards shall be granted beginning with the two thousand\nfourteen--two thousand fifteen academic year and thereafter to\napplicants at New York state public institutions of higher education\nthat the corporation has determined are eligible to receive such awards.\nThe corporation shall grant such awards in an amount equal to the amount\nof undergraduate tuition for residents of New York state charged by the\nstate university of New York or actual tuition charged, whichever is\nless; provided, however, (i) a student who receives educational grants\nand/or scholarships that cover the student's full cost of attendance\nshall not be eligible for an award under this program; (ii) for a\nstudent who receives educational grants and/or scholarships that cover\nless than the student's full cost of attendance, such grants and/or\nscholarships shall not be deemed duplicative of this program and may be\nheld concurrently with an award under this program, provided that the\ncombined benefits do not exceed the student's full cost of attendance;\nand (iii) an award under this program shall be applied to tuition after\nthe application of all other educational grants and scholarships limited\nto tuition and shall be reduced in an amount equal to such educational\ngrants and/or scholarships. Upon notification of an award under this\nprogram, the institution shall defer the amount of tuition equal to the\naward. No award shall be final until the recipient's successful\ncompletion of a term has been certified by the institution.\n  2-a. Within amounts appropriated therefor and based on availability of\nfunds, beginning with the two thousand eighteen--two thousand nineteen\nacademic year and thereafter, awards shall be granted to applicants at\nNew York state private degree granting institutions of higher education\nthat the corporation has determined are eligible to receive such awards.\nThe corporation shall grant such awards in an amount equal to the amount\nof undergraduate tuition for residents of New York state charged by the\nstate university of New York or actual tuition charged, whichever is\nless; provided, however, (i) a student who receives educational grants\nand/or scholarships that cover the student's full cost of attendance\nshall not be eligible for an award under this program; (ii) for a\nstudent who receives educational grants and/or scholarships that cover\nless than the student's full cost of attendance, such grants and/or\nscholarships shall not be deemed duplicative of this program and may be\nheld concurrently with an award under this program, provided that the\ncombined benefits do not exceed the student's full cost of attendance;\nand (iii) an award under this program shall be applied to tuition after\nthe application of all other educational grants and scholarships limited\nto tuition and shall be reduced in an amount equal to such educational\ngrants and/or scholarships. Upon notification of an award under this\nprogram, the institution shall defer the amount of tuition equal to the\naward. No award shall be final until the recipient's successful\ncompletion of a term has been certified by the institution.\n  3. An eligible recipient shall not receive an award for more than four\nacademic years of full-time undergraduate study or five academic years\nif the program of study normally requires five years, excluding any\nallowable interruption of study.\n  4. The corporation shall convert to a student loan the full amount of\nthe award given pursuant to this section, plus interest, according to a\nschedule to be determined by the corporation if: (a) a recipient fails\nto complete an approved undergraduate program in science, technology,\nengineering or mathematics or changes majors to a program of\nundergraduate study other than in science, technology, engineering or\nmathematics; or (b) upon completion of such undergraduate degree program\na recipient fails to either (i) complete five years of continuous full\ntime employment in the science, technology, engineering or mathematics\nfield with a public or private entity located within New York state, or\n(ii) maintain residency in New York state for such period of employment;\nor (c) a recipient fails to respond to requests by the corporation for\nthe status of his or her academic or professional progress. The terms\nand conditions of this subdivision shall be deferred for individuals who\ngraduate with a degree in an approved undergraduate program in science,\ntechnology, engineering or mathematics and enroll on at least a\nhalf-time basis in a graduate or higher degree program or other\nprofessional licensure degree program until they are conferred a degree,\nand shall also be deferred for any interruption in undergraduate study\nor employment as established by the rules and regulations of the\ncorporation. The terms and conditions of this subdivision may also be\ndeferred for a grace period, to be established by the corporation,\nfollowing the completion of an approved undergraduate program in\nscience, technology, engineering or mathematics a graduate or higher\ndegree program or other professional licensure degree program. Any\nobligation to comply with such provisions as outlined in this section\nshall be cancelled upon the death of the recipient. Notwithstanding any\nprovisions of this subdivision to the contrary, the corporation is\nauthorized to promulgate rules and regulations to provide for the waiver\nor suspension of any financial obligation which would involve extreme\nhardship.\n  5. The corporation is authorized to promulgate rules and regulations,\nand may promulgate emergency regulations, necessary for the\nimplementation of the provisions of this section, including, but not\nlimited to, the rate of interest charged for repayment of the student\nloan and the criteria for distributing the awards, which may include a\nlottery or other form of random selection for awards distributed\npursuant to subdivision two-a of this section.\n
N.Y. ELN Law § 14-108 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-108
Time for filing statements
Status: in_force

§ 14-108. Time for filing statements. 1. The statements required by\nthis article shall be filed at such times as the state board of\nelections, by rule or regulation, shall specify; provided, however, that\nin no event shall the board provide for fewer than three filings in the\naggregate in connection with any primary, general or special election,\nor in connection with a question to be voted on and two of said filings\nshall be before any such election, including one such filing not less\nthan thirty days nor more than forty-five days prior to such election\nand one such filing not less than eleven days nor more than fifteen days\nprior to such election. In addition, the board shall provide that every\npolitical committee which has filed a statement of treasurer and\ndepository shall make at least one filing every six months between the\ntime such statement of treasurer and depository is filed and the time\nsuch committee goes out of business. If any candidate or committee shall\nbe required by the provisions of this section, or by rule or regulation\nhereunder, to effect two filings within a period of five days, the state\nboard of elections may, by rule or regulation, waive the requirement of\nfiling the earlier of such statements. If a statement filed by a\ncandidate or committee after the election to which it pertains is not a\nfinal statement showing satisfaction of all liabilities and disposition\nof all assets, such candidate or committee shall file such additional\nstatements as the board shall, by rule or regulation provide until such\na final statement is filed.\n  2. Each statement shall cover the period up to and including the\nfourth day next preceding the day specified for the filing thereof;\nprovided, however, that any contribution or loan in excess of one\nthousand dollars, if received after the close of the period to be\ncovered in the last statement filed before any primary, general or\nspecial election but before such election, shall be reported, in the\nsame manner as other contributions, within twenty-four hours after\nreceipt.\n  3. Each statement shall be preserved by the officer with whom or the\nboard with which it is required to be filed for a period of five years\nfrom the date of filing thereof.\n  4. Each statement shall constitute a part of the public records of\nsuch officer or board and shall be open to public inspection.\n  5. The state board of elections or other board of elections, as the\ncase may be, shall not later than ten days after the last day to file\nany such statement notify each person required to file any such\nstatement which has not been received by such board by such tenth day in\naccordance with this article of such person's failure to file such\nstatement timely. Such notice shall be in writing and mailed to the last\nknown residence or business address of such person by certified mail,\nreturn receipt requested. Failure to file within five days of receipt of\nsuch notice shall constitute prima facie evidence of a willful failure\nto file. If the person required to file such statement is a treasurer\nwho has stated that the committee has been authorized by one or more\ncandidates, a copy of such notice shall be sent to each such candidate\nby first class mail. A copy of any such notice sent by a board of\nelections other than the state board of elections shall be sent by such\nother board to the state board.\n  6. A statement shall be deemed properly filed when deposited in an\nestablished post-office within the prescribed time, duly stamped,\ncertified and directed to the officer with whom or to the board with\nwhich the statement is required to be filed, but in the event it is not\nreceived, a duplicate of such statement shall be promptly filed upon\nnotice by such officer or such board of its non-receipt.\n  7. On the twentieth day following the date by which such statements\nwere required to be filed, the state board of elections shall prepare\nand make available for public inspection and distribution a list of\nthose persons and committees from whom it has not yet received such\nstatement.\n
N.Y. ELN Law § 14-110 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-110
Place for filing statements
Status: in_force

§ 14-110. Place for filing statements. The places for filing the\nstatements required by this article shall be determined by rule or\nregulation of the state board of elections; provided, however, that the\nstatements of a candidate for election to the office of governor,\nlieutenant governor, attorney general, comptroller, member of the\nlegislature, delegate to a constitutional convention, justice of the\nsupreme court or for nomination for any such office at a primary\nelection and of any committee aiding or taking part in the designation,\nnomination, election or defeat of candidates for one or more of such\noffices or promoting the success or defeat of a question to be voted on\nby the voters of the entire state shall be filed with the state board of\nelections and in such other places as the state board of elections may,\nby rule or regulation provide.\n
N.Y. EDN Law § 1007 — New York Code / Act EDN / Title 1 / Article 21 / Section 1007
Vocational rehabilitation records
Status: in_force

§ 1007. Vocational rehabilitation records. 1. It shall be unlawful,\nexcept for purposes directly connected with the administration of the\nvocational rehabilitation program, for any person or persons to solicit,\ndisclose, receive, or make use of, or authorize, knowingly permit,\nparticipate in, or acquiesce in the use of any list of, or names of, or\nany information concerning, persons applying for or receiving vocational\nrehabilitation, directly or indirectly derived from the record, papers,\nfiles, communications of the state or subdivisions or agencies thereof,\nor acquired in the course of the performance of official duties without\nthe consent of each such applicant or recipient. Such records, papers,\nfiles and communications shall be regarded as confidential information\nand privileged within the meaning of section forty-five hundred four of\nthe civil practice law and rules.\n  2. Wage reporting information obtained by the office of vocational and\neducational services for individuals with disabilities of the department\nfrom the state department of taxation and finance pursuant to the tax\nlaw shall be considered confidential and shall not be disclosed to\npersons or agencies other than those considered entitled to such\ninformation when such disclosure is necessary for the proper\nadministration of the department's vocational rehabilitation program.\n
N.Y. BNK Law § 1007 — New York Code / Act BNK / Article 15 / Title 1 / Section 1007
When notice or lapse of time unnecessary; notices dispensed with when delivery is prohibited
Status: in_force

§ 1007. When notice or lapse of time unnecessary; notices dispensed\nwith when delivery is prohibited. 1. Whenever, under this article or the\norganization certificate or by-laws of any corporation or by the terms\nof any agreement or instrument, a corporation or the board or any\ncommittee thereof is authorized to take any action after notice to any\nperson or persons or after the lapse of a prescribed period of time,\nsuch action may be taken without notice and without the lapse of such\nperiod of time. If at any time before or after such action is completed\nthe person or persons entitled to such notice or entitled to participate\nin the action to be taken or, in the case of a stockholder, by his\nattorney-in-fact, submit a signed waiver of notice of such requirements.\n  2. Whenever any notice or communication is required to be given to any\nperson by this article, the organization certificate or by-laws, or by\nthe terms of any agreement or instrument, or as a condition precedent to\ntaking any corporate action and communication with such person is then\nunlawful under any statute of this state or of the United States or any\nregulation, proclamation or order issued under said statutes, then the\ngiving of such notice or communication to such person shall not be\nrequired and there shall be no duty to apply for a license or other\npermission to do so. Any affidavit, certificate or other instrument\nwhich is required to be made or filed as proof of the giving of any\nnotice or communication required under this article shall, if such\nnotice or communication to any person is dispensed with under this\nsection, include a statement that such notice or communication was not\ngiven to any person with whom communication is unlawful. Such affidavit,\ncertificate or other instrument shall be as effective for all purposes\nas though such notice or communication had been personally given to such\nperson.\n
N.Y. EDN Law § 902-A — New York Code / Act EDN / Title 1 / Article 19 / Section 902-A
Treatment of students diagnosed with diabetes by school personnel
Status: in_force

§ 902-a. Treatment of students diagnosed with diabetes by school\npersonnel. 1. Licensed nurses, nurse practitioners, physician\nassistants, or physicians employed by school districts or boards of\ncooperative educational services are authorized to calculate prescribed\ninsulin dosages, administer prescribed insulin, program the prescribed\ninsulin pump, refill the reservoir in the insulin pump, change the\ninfusion site, inject prescribed glucagon, teach an unlicensed person to\nadminister glucagon to an individual, and perform other authorized\nservices pursuant to the scope of practice of the licensed individual\nunder title VIII of this chapter, to pupils who have received written\npermission by a physician or other licensed health care provider, and\nwritten parental consent to carry and use insulin and glucagon pursuant\nto section nine hundred sixteen-b of this article, during the school day\non school property and at any school function as such terms are defined,\nrespectively, by subdivisions one and two of section eleven of this\nchapter. Nothing in this section shall authorize unlicensed persons to\nperform these services except as otherwise permitted by section nine\nhundred twenty-one of this article.\n  2. A school district, board of cooperative educational services and/or\ntheir agents or employees shall incur no legal or financial liability as\na result of any harm or injury sustained by a pupil or other person\ncaused by reasonable and good faith compliance with this section.\n
N.Y. EDN Law § 509 — New York Code / Act EDN / Title 1 / Article 11 / Section 509
Statements of teachers' service; determination of service creditable; service certificates
Status: in_force

§ 509. Statements of teachers' service; determination of service\ncreditable; service certificates. 1. Under such rules and regulations as\nthe retirement board shall adopt, each present teacher shall file a\ndetailed statement of all service as a teacher and service in a similar\ncapacity in other states rendered by him prior to the first day of\nAugust, nineteen hundred twenty-one, for which he claims credit, and of\nsuch other facts as the retirement board may require for the proper\noperation of the retirement system.\n  2. a. Each new entrant shall file a detailed statement of (1) service\nas a teacher; (2) service in other states, territories, possessions and\ncommonwealths of the United States, which would constitute service as a\nteacher within the meaning of subdivision four of section five hundred\none of this article had it been performed within New York state rendered\nby him prior to so becoming a member; (3) governmental service in the\nstate of New York where he was a member of the New York state and local\nemployees' retirement system, and where such service was credited to him\nin the said New York state and local employees' retirement system; (4)\nservice with the New York city corrections department prior to nineteen\nhundred fifty-six which would constitute service as a teacher within the\nmeaning of subdivision four of section five hundred one of this article\nhad it been performed in the employ of a public school in New York\nstate; (5) such service that would have been creditable in one of the\npublic retirement systems of the state, as defined in subdivision\ntwenty-three of section five hundred one of the retirement and social\nsecurity law, at the time the service was rendered, had the individual\nbeen a member of such retirement system; (6) a statement as to the\nnumber of years on account of which he desires to contribute; and (7)\nsuch other facts as the retirement board may require for the proper\noperation of the system.\n  b. No credit shall be allowed for service which has been credited in\nany retirement system if the member on or after the effective date of\nthis paragraph withdraws his contributions to such retirement system and\nterminates his membership therein during the period in which his\nmembership in such other system would have been valid and because of\nsuch withdrawal or termination transfer of such credit from such other\nretirement system cannot be made to the New York state teachers\nretirement system pursuant to section five hundred twenty-two of this\narticle.\n  c. No prior service claim will be allowed for any service for which\nthe person is receiving a benefit or will be entitled to receive a\nbenefit at any future time from some other public retirement system, in\nthis state, in any other state or from the federal government.\n  3. The retirement board shall fix and determine by appropriate rules\nand regulations how much service in any year is the equivalent of a year\nof service, but in computing such service or in computing average\ncompensation, it shall credit no period of more than a month's duration,\nduring which a member was absent without pay, nor shall more than one\nyear of service be credited for all service in any calendar year.\n  4. Subject to the above restrictions and to such other rules and\nregulations as the retirement board shall adopt, said board shall verify\nas soon as practicable the statement of service submitted.\n  5. After the member has rendered at least two full years of service\nsince he last became a member, upon verification of the statement of\nservice submitted and receipt of any contribution required to be paid by\nthe member pursuant to paragraph a of subdivision eight of this section,\nthe retirement board shall credit the member with the length of such\nprior service as set forth in (1), (3), (4) and (5) of paragraph a of\nsubdivision two of this section and the aggregate length of such prior\nservice not to exceed ten years as set forth in (2) of paragraph a of\nsubdivision two of this section provided that in no case shall the\nnumber of years of credited service outside the state of New York be\nmore than the number of years of credited service within the state of\nNew York.\n  6. So long as membership continues, a prior service certificate shall\nbe final and conclusive for retirement purposes as to such service\nunless thereafter modified by the retirement board upon application made\nby the member within one year after the date of issuance or modification\nof a prior service certificate or upon the discovery by the retirement\nboard of an error or fraud. When membership ceases, such certificate\nshall be void. Should membership be resumed by the teacher, such teacher\nshall enter the system as a new entrant, except as provided by\nsubdivisions five and six of section five hundred eleven of this\narticle.\n  7. The total state service credited a member shall consist of the\nservice as a teacher rendered by him since he last became a member, and\nany prior service as set forth in (1), (3), (4) and (5) of paragraph a\nof subdivision two of this section. The total service credited a member\nshall consist of the service rendered by him as a teacher since he last\nbecame a member and all credited prior service.\n  8. a. Any member of the retirement system who is credited with at\nleast two full years of teaching service rendered in the state since he\nlast became a member may claim such uncredited prior service as set\nforth in (2), (3), (4) and (5) of paragraph a of subdivision two of this\nsection, pursuant to subdivision five of this section by paying to the\nretirement board four per centum of the salaries earned for the years\nclaimed and such uncredited prior service as set forth in (1) of\nparagraph a of subdivision two of this section by paying to the\nretirement board the amount he would have been required to contribute at\nthe time such service was rendered, not to exceed four per centum of the\nsalaries earned for the years claimed. The amount due, if any, for such\nservice shall be deposited with the retirement board prior to retirement\nin accordance with the requirements of this article and the regulations\nof the retirement board. The retirement board, upon verification of the\nclaim and payment made, shall credit such member with such service.\n  Notwithstanding any other provision of this paragraph, any member who\nlast joined the retirement system prior to July twenty-seventh, nineteen\nhundred seventy-six and who did not receive credit with the retirement\nsystem prior to July first, nineteen hundred eighty-eight for prior\nservice, may obtain credit for prior service pursuant to the provisions\nof this section or pursuant to the provisions of subdivision b of\nsection four hundred forty-six of the retirement and social security\nlaw, whichever is applicable, without making the payments required by\nthis paragraph.\n  b. Any member who applies for superannuation retirement and who on\njoining the system claimed and paid for all his uncredited service,\nshall be reclassified as a "present teacher" and shall be credited with\nall state teaching service rendered before the first day of August,\nnineteen hundred twenty-one, provided he was a teacher on or before the\nfirst day of August, nineteen hundred twenty-one, and provided that he\nis credited with at least fifteen years of teaching service rendered in\nthe state and has not ceased teaching for a period in excess of five\nyears in any period of ten consecutive years since the first day of\nAugust, nineteen hundred twenty-one, and provided that his membership\nhas been continuous since first joining the system and that he would\nhave been entitled to the status of "present teacher" and to the credit\nfor service rendered prior to the first day of August, nineteen hundred\ntwenty-one, had he applied for membership and claimed such credit at the\ntime he was given the privilege so to do. Any such member who claimed\nand paid for service rendered prior to the first day of August, nineteen\nhundred twenty-one, shall, upon being reclassified as a "present\nteacher", have the amount so paid applied on the payment for uncredited\nservice rendered on and after the first day of August, nineteen hundred\ntwenty-one, and the balance if any, shall be refunded to the member.\n  c. After the member retires, the next ensuing contribution of the\nemployers, collected in the manner provided in subdivision two of\nsection five hundred twenty-one, shall be increased by the lump sum\nactuarial cost to the employers attributable to such prior service\ncredit as is granted to members who retire under the provisions of this\nsubdivision, computed on the basis of the mortality tables and interest\nrate applicable to members at the time of retirement. The proper funds\nshall be credited with the amount of such contributions, and such amount\nof pension shall be charged to the amount so collected.\n  9. No final determination made by the system with respect to benefits\nprovided by the system, or matters related thereto, shall be subject to\nreview in any court of the state of New York, except as provided in\narticle seventy-eight of the civil practice law and rules.\n  10. Notwithstanding any other provision of law to the contrary, any\nlaw insofar as and to the extent it shall establish or affect a benefit\nprovided by the system shall be deemed to have been in full force and\neffect on the earlier of the effective date provided for in such law or\nthe thirtieth day of June of the calendar year of enactment by the\nlegislature, unless such law expressly provides that it shall not be\nsubject to this subdivision.\n  11. Notwithstanding any other provision of law to the contrary, a\nmember of the retirement system subject to this article or article\nfourteen or fifteen of the retirement and social security law who,\nsubsequent to such member's date of membership in the retirement system,\nrendered service which was credited in another public retirement system\nof the state but thereafter failed to make timely transfer of such\nmembership to the retirement system prior to the time the membership in\nsuch other public retirement system ceased by reason of: a. insufficient\nservice; b. withdrawal of accumulated contributions; or c. withdrawal of\nmembership, may obtain credit for such service on the same basis and in\nthe same manner as if such service had been rendered prior to such\nmember's date of membership in the retirement system.\n  * 12. Notwithstanding any other provision of law, any member eligible\nto purchase credit for previous service with a public employer pursuant\nto this section or to purchase credit for military service pursuant to\narticle twenty of the retirement and social security law, may elect to\npurchase any or all of such service by executing a periodic payroll\ndeduction agreement where and to the extent such elections are permitted\nby the retirement system by rule or regulation. Such agreement shall set\nforth the amount of previous service or military service being\npurchased, the estimated total cost of such service credit, and the\nnumber of payroll periods in which such periodic payments shall be made.\nSuch agreement shall be irrevocable, shall not be subject to amendment\nor modification in any manner, and shall expire only upon completion of\npayroll deductions required therein. Notwithstanding the foregoing, any\nmember who has entered into such a payroll deduction agreement and who\nterminates employment prior to the completion of the payments required\ntherein shall be credited with any service as to which such member shall\nhave paid the contributions required under the terms of the agreement.\n  * NB Takes effect upon notice of ruling by Internal Revenue Service --\nexpires per ch. 627/2007 §22\n
N.Y. PBH Law § 3402 — New York Code / Act PBH / Article 34 / Title 1 / Section 3402
Funeral directing advisory board
Status: in_force

§ 3402. Funeral directing advisory board.  1. There shall be in the\ndepartment a funeral directing advisory board consisting of ten members\nwho shall be appointed by the commissioner of health of whom three shall\nbe representatives of consumer interests, having no pecuniary interest,\naffiliation or other association, direct or indirect, other than as\nconsumers, with any business affecting the disposal or burial of\ndeceased human beings, as the commissioner shall determine, six shall be\nlicensed funeral directors, undertakers or embalmers in this state,\nhaving been actually engaged in the practice of funeral directing,\nundertaking or embalming, as the case may be, for at least five years\nprior to appointment and one member shall be an officer, director or\nemployee of a cemetery corporation. The term of each member of such\nadvisory board shall be three years, or until a successor is appointed,\nand vacancies shall be filled for the unexpired term only. The\ncommissioner of health may remove any member of the board for\nmisconduct, incompetence or neglect of duty after such member shall have\nbeen given a written statement of the charges and an opportunity to be\nheard thereon.\n  2. The board shall elect annually from its members a chairman and\nvice-chairman and for the purpose of transacting its business shall meet\nat least once every three months. Special meetings also may be held as\nfrequently as its business may require at the call of the chairman upon\nthe request of a majority of the members of the board or as requested by\nthe commissioner of health. Written notice of the time, place and\npurpose of meetings shall be mailed by the secretary to all members at\nleast ten days before the date of the meeting. A quorum of the board\nshall consist of not less than six members.\n  3. Members of the advisory board shall receive no compensation, but\neach shall be entitled to receive his reasonable expenses actually and\nnecessarily incurred in the performance of his duties.\n  4. The commissioner shall designate an officer or employee of the\ndepartment to act as secretary of the board, who shall not be a member\nof the board and who shall not receive any additional compensation\ntherefor.\n  5. The commissioner shall request the advisory board to, and upon such\nrequest the advisory board shall, or upon its initiative the advisory\nboard may\n  (a) consider any matters relating to the practice of funeral\ndirecting, undertaking or embalming, including any matter pertaining to\nthe administration and enforcement of this article and advise the\ncommissioner thereon;\n  (b) recommend to the commissioner the establishment of such laws as\nmay be deemed necessary in respect to the practice of funeral directing;\n  (c) recommend to the commissioner the promulgation of rules and\nregulations not inconsistent with law, as may be deemed necessary, and\nthe amendment or repeal thereof;\n  (d) recommend to the commissioner the commencement of any\ninvestigation into improper practices of licensees;\n  (e) report, within forty-five days after receipt, on any proposed\nregulations, amendments thereto, or repeal thereof, prior to action\nthereon by the commissioner;\n  (f) review the applications for registration of candidates for either\npractical or academic training and make recommendations to the\ncommissioner for the acceptance or rejection thereof.\n  (g) delegate one member of the board to attend any formal disciplinary\nhearing and subsequent proceedings involving an alleged violation of\nthis article. The board shall not delegate a member who practices\nfuneral directing, embalming or undertaking in the same judicial\ndistrict as an accused licensee.\n  6. The advisory board shall have no executive, administrative or\nappointive powers or duties.\n
N.Y. EDN Law § 640 — New York Code / Act EDN / Title 1 / Article 13-C / Section 640
Student debt; prohibited practices
Status: in_force

§ 640. Student debt; prohibited practices. 1. No degree-granting\ninstitution or licensed private career school, as defined by section\nfive thousand one of this chapter, shall:\n  (a) withhold a transcript because a student owes a debt to such\ninstitution or school;\n  (b) condition the provision of a transcript on a student's payment of\na debt to such institution or school; or\n  (c) charge a higher fee or provide less favorable treatment of a\ntranscript request because a student owes a debt to such institution or\nschool, provided however, that an institution or school may charge a fee\nfor the issuance of a transcript.\n  2. In addition to such penalties as may otherwise be applicable by\nlaw, the superintendent of financial services may, after notice and\nhearing, enjoin such transcript withholding practices and require any\ninstitution or school found to be in violation of the provisions of this\narticle to pay to the people of this state a penalty of five hundred\ndollars for each violation.\n  3. In addition to the right of action granted to the superintendent of\nfinancial services pursuant to this section, any person who has been\ninjured by reason of any violation of this section may bring an action\nin their own name to enjoin such unlawful act or practice. The court\nmay, in its discretion, award reasonable attorneys' fees to the\nprevailing plaintiff.\n
N.Y. EDN Law § 409-H — New York Code / Act EDN / Title 1 / Article 9 / Section 409-H
Requirements for notification of pesticide applications
Status: in_force

§ 409-h. Requirements for notification of pesticide applications. 1.\nFor purposes of this section the following terms shall have the meanings\nset forth below:\n  (a) "School" shall mean any public school district or private or\nparochial school or board of cooperative educational services.\n  (b) "Pesticide" shall have the same meaning as in subdivision\nthirty-five of section 33-0101 of the environmental conservation law.\n  (c) "Facility" means any school building used for instructional\npurposes and its surrounding grounds, sites and other grounds to be used\nfor playgrounds, athletics and other instructional purposes, and any\nadministrative offices.\n  (d) "Written notification" shall mean notice in writing that is:\nprovided directly to the student or staff; or delivered to a receptacle\ndesignated for that student or staff; or mailed to the student's or\nstaff's last known address; or delivered by any other reasonable methods\nauthorized by the commissioner.\n  (e) "School year" shall mean the period commencing on the first day of\nregular instruction and shall end on the last day of session.\n  (f) "Relevant facility" shall mean any facility where the staff person\nreceiving notification regularly works or where a child of the person in\nparental relation receiving notification regularly receives instruction.\n  2. Schools shall establish a pesticide notification procedure to\nprovide information on pesticide applications at school facilities.\nSchools shall provide written notification of pesticide applications at\nany relevant facility to staff and persons in parental relation\naccording to the following provisions:\n  (a) The school shall provide written notification to all staff and\npersons in parental relation at the beginning of each school year.\nProvided however, that if a child enrolls after the beginning of the\nschool year, notification shall be provided within one week of such\nenrollment. The notification provided at the beginning of the school\nyear shall include at a minimum the following information:\n  (i) a statement that pesticide products may be used periodically\nthroughout the school year;\n  (ii) a statement that schools are required to maintain a list of staff\nand persons in parental relation who wish to receive forty-eight hour\nprior written notification of pesticide applications at relevant\nfacilities, and instructions on how to register with the school to be on\nsuch list for notification; and\n  (iii) the name of a school representative and contact number to obtain\nfurther information.\n  (b) Within ten days of the end of the school year and within two\nschool days of the end of winter recess and spring recess, the school\nshall provide written notification to all staff and persons in parental\nrelation listing the date, location and product used, for each\napplication which required prior notification and each emergency\napplication made, at relevant facilities, during the period of time\nsince the previous notice. Such notification shall also include a\nstatement that schools are required to maintain a list of staff and\npersons in parental relation who wish to receive forty-eight hour prior\nwritten notification of pesticide applications and instructions on how\nto register with the school to be on such list for prior notification;\nhow to obtain further information about the products being applied,\nincluding any warnings that appear on the label of the pesticides that\nare pertinent to the protection of humans, animals or the environment;\nand the name of a school representative and contact number for\nadditional information.\n  (c) Each school shall establish and maintain a list of staff and\npersons in parental relation requesting written notification forty-eight\nhours in advance of pesticide applications at relevant facilities.\nSchools shall add any staff or person in parental relation to such list\nupon request.\n  (d) Not less than forty-eight hours prior to the application of a\npesticide at a facility, a school shall provide to those on the list\nrelevant to such facility, written notification which shall include, at\na minimum the following information:\n  (i) the specific date and location of the application at the relevant\nfacility. In case of outdoor applications the notice must provide a\nspecific date, and may include two alternative dates in case the\napplication cannot be made due to weather conditions;\n  (ii) the product name and pesticide registration number assigned by\nthe United States Environmental Protection Agency;\n  (iii) the following statements: "This notice is to inform you of a\npending pesticide application to a school facility. You may wish to\ndiscuss with the designated school representative what precautions are\nbeing taken to protect your child from exposure to these pesticides.\nFurther information about the product(s) being applied, including any\nwarnings that appear on the label of the pesticide(s) that are pertinent\nto the protection of humans, animals or the environment, can be obtained\nby calling the National Pesticide Telecommunications Network information\nphone number 1-800-858-7378 or the New York State Department of Health\nCenter for Environmental Health Info line at 1-800-458-1158."; and\n  (iv) the name of a school representative and contact number for\nadditional information.\n  (e) For purposes of this section the following pesticide applications\nshall not be subject to prior notification requirements:\n  (i) the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. § 136 (mm) and 136q (h)(2);\n  (ii) the use of an aerosol product with a directed spray, in\ncontainers of eighteen fluid ounces, or less, when used to protect\nindividuals from an imminent threat from stinging and biting insects\nincluding venomous spiders, bees, wasps, and hornets. This section shall\nnot exempt from notification the use of any fogger product or aerosol\nproduct that discharges to a wide area;\n  (iii) any application where the school facility remains unoccupied for\na continuous seventy-two hour period following the application of the\npesticide;\n  (iv) nonvolatile rodenticides in tamper resistant bait stations or in\nareas inaccessible to children;\n  (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\nformulations of insecticides in areas inaccessible to children;\n  (vi) nonvolatile insecticidal baits in tamper resistant bait stations\nor in areas inaccessible to children;\n  (vii) application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under Section 40\nCFR Part 152.25;\n  (viii) boric acid and disodium octaborate tetrahydrate;\n  (ix) the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide; or\n  (x) any emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided however, that prior\nto any such emergency application, the person making such application\nshall make a good faith effort to supply the written notice required\npursuant to this section. Upon making such an emergency application, the\nperson making such application shall notify the commissioner of the\ndepartment of health, using a form developed by the commissioner for\nsuch purposes that shall include minimally the name of the person making\nthe application, the pesticide business registration number or certified\napplicator number of the person making such application, the location\nand date of such application, the product name and USEPA registration\nnumber of the pesticide applied and the reason for such application. The\ncommissioner shall review such form to ensure that the circumstance did\nwarrant such emergency application. Such forms shall be kept on file at\nthe department for three years from the date of application and shall be\navailable to any individual upon request.\n  3. The commissioner is hereby charged with ensuring the compliance of\nschools with the requirements of this section, and shall establish a\nprocedure for parents to notify the state of any school's failure to\ncomply with the requirements of this section. Whenever it shall have\nbeen demonstrated to the satisfaction of the commissioner that a school\ndistrict has failed to adopt a procedure for notification, or to\nfaithfully and completely implement this section, the commissioner may,\non thirty days notice to the district, withhold from the district monies\nto be paid to such district for the current school year pursuant to\nsection thirty-six hundred nine-a of this chapter, exclusive of monies\nto be paid in respect of obligations to the retirement systems for the\nschool and district staff and pursuant to collective bargaining\nagreements. Where it has been demonstrated to the satisfaction of the\ncommissioner that a private or parochial school has failed to adopt a\nprocedure for notification, or to faithfully and completely implement\nthis section, the commissioner may, on thirty days notice to such\nschool, withhold from the school state aid monies to be paid to such\nschool for the current school year pursuant to chapter five hundred\nseven of the laws of nineteen hundred seventy-four, as amended by\nchapter nine hundred three of the laws of nineteen hundred eighty-four.\nPrior to such withholding, the commissioner shall provide the school an\nopportunity to present evidence of extenuating circumstances; when\ncombined with evidence that the school shall promptly comply within\nshort time frames that shall be established by the commissioner as part\nof an agreement between the school and the commissioner, the\ncommissioner may temporarily stay the withholding of such funds pending\nimplementation of such agreement. If the school is in full compliance\nwith this section, the commissioner shall abate the withholding in its\nentirety.\n  4. No school or employee of a school shall be held civilly or\ncriminally liable for any failure to comply with the requirements of\nthis section, unless such failure constitutes negligence, gross\nnegligence, or intentional misconduct. Nothing contained herein shall be\nconstrued as limiting any legal cause of action or remedy at law, in\nstatute or in equity that existed prior to the effective date of this\nsection.\n
N.Y. EDN Law § 469 — New York Code / Act EDN / Title 1 / Article 10 / Section 469
Annual report of trustees
Status: in_force

§ 469. Annual report of trustees.  The trustees of the fund shall\nsubmit to the mayor, the board of education and the city council of the\ncity of New York annually on or before February first, a full report of\nits activities and operations through the thirtieth day of the preceding\nJune, including:  (1) details as to projects in planning, projects in\nthe process of construction, acquisition, reconstruction, rehabilitation\nor improvement, and projects completed; (2) the performance record of\nthe trustees in completing construction in accordance with the desired\ncompletion dates and within the estimated costs; (3) the architects,\nengineers and other private consultants engaged by the trustees of the\nfund on a contract basis and a statement of the total amount paid and\nyet to be paid, or estimated yet to be paid, under each such contract;\n(4) the moneys made available for the purposes of the fund; (5) details\nas to any lease, sublease or agreement executed by the trustees of the\nfund and the annual rentals to be paid or received on account thereof;\n(6) its assets and liabilities at the end of the fiscal year, including\nthe status of reserve funds and other funds and accounts; (7) a schedule\nof its bonds and notes outstanding at the end of its fiscal year,\ntogether with the amounts redeemed and incurred during such fiscal year,\nand such other information related to the activities and operation of\nthe fund as the trustees may consider pertinent.\n
N.Y. EDN Law § 1105 — New York Code / Act EDN / Title 1 / Article 23 / Part 1 / Section 1105
Exemption of certain districts
Status: in_force

§ 1105. Exemption of certain districts.  Upon the recommendation of\nthe county vocational education and extension board, the board of\nsupervisors or other governing elective body of any county may exempt\nany city or union free school district from the raising of moneys for\nthe purpose of paying the cost of operating and maintaining the program\nof the county vocational education and extension board.\n