N.Y. VAT Law § 394 — New York Code / Act VAT / Title 3 / Article 12 / Section 394
Drivers' schools
Status: in_force

§ 394. Drivers' schools. 1. Definitions. As used in this section:\n  (a) "Drivers' school" means the business of giving instruction for\nhire in driving motor vehicles or motorcycles.\n  (b) "Person" includes an individual, firm, corporation, partnership,\njoint venture, joint adventurer or association.\n  (c) "Place of business" means a designated location at which the\nbusiness of a drivers' school is transacted and its records kept.\n  2. License. No person shall engage in the business of conducting a\ndrivers' school without being the holder of a license for such purpose\nissued by the commissioner. An application for license under this\nsection shall be filed with the commissioner and shall contain such\ninformation as he shall prescribe. Every such application shall be\naccompanied by an application fee of fifty dollars, which shall in no\nevent be refunded. If an application is approved by the commissioner,\nthe applicant upon the payment of an additional fee of five dollars for\neach month or fraction thereof from the date of issuance to the date of\nexpiration prescribed by the commissioner, but in no event more than a\ntotal of fifty dollars, shall be granted a license which shall be valid\nuntil such date of expiration. The annual fee for renewal thereof shall\nbe fifty dollars. Upon renewal, the commissioner may in his discretion\nissue a license which shall be valid for up to a two-year period. The\nfee for a two-year renewal shall be one hundred dollars. Fees for\nrenewal of a license valid for a period of less than two years shall be\nprorated on a quarterly basis and any portion of a quarter shall be\nconsidered a quarter. The commissioner shall issue a license certificate\nto each licensee, which certificate shall be conspicuously displayed in\nthe place of business of the licensee. In case of the loss, mutilation\nor destruction of a license certificate, the commissioner shall issue a\nduplicate thereof upon proof of the facts and payment of a fee of two\ndollars.\n  3. Place of business. (a) No license shall be issued, nor shall any\nrenewal of a license be made, for conducting a drivers' school in a city\nhaving a population of two hundred fifty thousand or more according to\nthe latest federal census, unless the place of business of such school\nis located in a store, office or portion of a building devoted\nexclusively to nonresidential use.\n  (b) No license shall be issued, nor shall any renewal of a license be\nmade for conducting a drivers' school in a city having a population of\nfifty thousand or more according to the latest federal census, if the\nplace of business of such school or branch thereof, is within fifteen\nhundred feet of a building owned or leased by the state, the county or a\ncity, in which motor vehicle registrations or licenses to drive motor\nvehicles are issued to the public. The said distance of fifteen hundred\nfeet shall be measured along the public streets by the nearest route\nfrom such place of business, or branch thereof, to such building.\n  4. Refusal to issue a license. The commissioner may deny the\napplication of any person for a license, if, in his discretion, he\ndetermines that:\n  (a) Such applicant has made a material false statement or concealed a\nmaterial fact in connection with his application;\n  (b) Such applicant, any officer, director, stockholder or partner, or\nany other person directly or indirectly interested in the business was\nthe former holder, or was an officer, director, stockholder or partner,\nin a corporation or partnership which was the former holder of a\ndrivers' school license which was revoked or suspended by the\ncommissioner;\n  (c) Such applicant or any officer, director, stockholder, partner,\nemployee, or any other person directly or indirectly interested in the\nbusiness has been convicted of a felony, or of any crime involving\nviolence, dishonesty, deceit, indecency, degeneracy or moral turpitude;\n  (d) Such applicant has failed to furnish satisfactory evidence of good\ncharacter, reputation and fitness;\n  (e) Such applicant does not have a place of business as required by\nthis section;\n  (f) Such applicant is not the true owner of the drivers' school.\n  5. Suspension, revocation and refusal to renew a license. The\ncommissioner, or any employee of the department of motor vehicles\ndeputized by him, may suspend or revoke a license or refuse to issue a\nrenewal thereof for any of the following causes:\n  (a) the conviction of the licensee or any partner, officer, agent or\nemployee of such licensee, of a felony, or of any crime involving\nviolence, dishonesty, deceit, indecency, degeneracy or moral turpitude;\n(b) where the licensee has made a material false statement or concealed\na material fact in connection with his application for a license or a\nrenewal thereof; (c) where the licensee has failed to comply with any of\nthe provisions of this section or any of the rules and regulations of\nthe commissioner made pursuant thereto: (d) where the licensee or any\npartner, officer, agent or employee of such licensee has been guilty of\nfraud or fraudulent practices in relation to the business conducted\nunder the license, or guilty of inducing another to resort to fraud or\nfraudulent practices in relation to securing for himself or another a\nlicense to drive a motor vehicle or motorcycle. The term "fraudulent\npractices" as used in this section shall include, but shall not be\nlimited to, any conduct or representation on the part of the licensee,\nor any partner, officer, agent, or employee of a licensee, tending to\ninduce another or to give the impression that a license to operate a\nmotor vehicle or motorcycle, or any other license, registration or\nservice granted by the commissioner, may be obtained by any means other\nthan the ones prescribed by law, or furnishing or obtaining the same by\nillegal or improper means, or requesting, accepting, exacting or\ncollecting money for such purpose.\n  Notwithstanding the renewal of a license, the commissioner may revoke\nor suspend such license for causes and violations, as prescribed by this\nsection, occurring during the two license periods immediately preceding\nthe renewal of such license.\n  The commissioner, or any person deputized by him, in addition to or in\nlieu of revoking or suspending a license to conduct a driving school in\naccordance with the provisions of this section, may by order require the\nlicensee to pay to the people of this state a penalty in a sum not\nexceeding five hundred dollars for each violation, and upon the failure\nof such licensee to pay such penalty within twenty days after the\nmailing of such order, postage prepaid, registered or certified, and\naddressed to the last known place of business of such licensee, unless\nsuch order is stayed by a court of competent jurisdiction or in\naccordance with the provisions of article three-A of this chapter, the\ncommissioner may revoke the license of such licensee or may suspend the\nsame for such period as he may determine. Civil penalties assessed under\nthis subdivision shall be paid to the commissioner for deposit into the\nstate treasury, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner. In\naddition, as an alternative to such civil action, and provided that no\nproceeding for judicial review shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county in which the licensee is\nlocated a final order of the commissioner containing the amount of the\npenalty assessed. The filing of such final order shall have the full\nforce and effect of a judgment duly docketed in the office of such clerk\nand may be enforced in the same manner and with the same effect as that\nprovided by law in respect to executions issued against property upon\njudgments of a court of record.\n  6. Hearing. Except where a refusal to issue a license or renewal, or\nrevocation or suspension, is based solely on a court conviction or\nconvictions, a licensee or applicant shall have an opportunity to be\nheard, such hearing to be held at such time and place as the\ncommissioner shall prescribe. Provided, however, upon a written notice\nof temporary suspension delivered by certified mail to the licensee, a\nlicense may be temporarily suspended pending a hearing. Any such notice\nof temporary suspension shall provide that the suspension is effective\nseventy-two hours after mailing of such notice and shall provide that a\nhearing be scheduled within ten days after the effective date of the\ntemporary suspension.\n  A licensee or applicant entitled to a hearing shall be given due\nnotice thereof. The sending of a notice of a hearing by registered mail\nto the last known address of a licensee or applicant ten days prior to\nthe date of the hearing shall be deemed due notice. The commissioner, or\nthe person deputized by him to conduct a hearing, shall have power to\nsubpoena witnesses, administer oaths to witnesses and take testimony of\nany person or cause his deposition to be taken. A subpoena issued under\nthis section shall be regulated by the civil practice law and rules.\nOfficers or employees in the department of taxation and finance, making\nservice of such subpoenas are not entitled to fees and mileage.\n  7. Supervision; records. The commissioner shall approve the form of\ncontract used by all licensees, and may prescribe reasonable rules\ngoverning the terms which may be included in such contracts. Every\nlicensee shall keep such records as the commissioner may by regulation\nrequire. The records of the licensee shall be open to the inspection of\nthe commissioner or his representatives at all times during reasonable\nbusiness hours. The commissioner shall prescribe such reasonable rules\nand regulations as he may deem necessary to carry out the provisions of\nthis section.\n  7-a. Certification of driving time. The commissioner shall establish\nby regulation a certification process by drivers' schools of the amount\nof time a holder of a learner's permit has spent operating a motor\nvehicle or motorcycle while under the immediate supervision of a driving\ninstructor holding an instructor's certificate issued pursuant to\nsubdivision eight of this section. A certificate issued pursuant to this\nsection shall be deemed to be proof of all or a portion of the\nsupervised driving experience required under certification pursuant to\nparagraph (d) of subdivision two of section five hundred two of this\nchapter.\n  8. Instructors. (a) No person shall be employed by a licensee as a\ndriving instructor, nor shall any person give instructions for hire in\nthe operation of motor vehicles or motorcycles unless such person is the\nholder of a driver's license valid for operation in this state and an\ninstructor's certificate issued by the commissioner. Such certificates\nshall be issued only to persons of good reputation and moral character,\nwhose driving records, as determined by the commissioner, qualify them\nas instructors in the operation of motor vehicles or motorcycles. An\napplication for an instructor's certificate must identify the driving\nschool or schools in which the applicant is to act as an instructor and\nshall contain such other information as the commissioner shall\nprescribe. Each such application shall be accompanied by a fee of ten\ndollars which shall in no event be refunded. Such certificate shall be\nissued without payment of any additional fee and shall be limited to use\nin connection with the business of the specified driving school or\nschools. Such certificate shall be valid until the date of expiration\nprescribed by the commissioner and may be validated for use in\nconnection with the business of other driving schools without payment of\nany additional fee. The fee for annual renewal thereof shall be ten\ndollars. Upon renewal, the commissioner may, in his discretion, issue a\nrenewal which shall be valid for up to a two-year period. The fee for a\ntwo-year renewal shall be twenty dollars. Fees for renewal of a\ncertificate valid for a period of less than two years shall be prorated\non a quarterly basis and any portion of a quarter shall be considered a\nquarter.\n  (b) The commissioner or any employee of the department of motor\nvehicles deputized by him, may suspend or revoke an instructor's\ncertificate for any of the following causes: (1) expiration, suspension\nor revocation of the required license of such instructor; (2) the\ncommissioner has determined that the driving record of such instructor\nindicates that such instructor does not possess the qualities or\ncompetence necessary or desirable for a driving instructor; (3) such\ninstructor has failed to comply with the rules and regulations\nprescribed by the commissioner; (4) conviction of such instructor of a\nfelony or any crime involving violence, dishonesty, deceit, indecency,\ndegeneracy or moral turpitude; and (5) such instructor has been guilty\nof fraud or fraudulent practices.\n  8-a. Fees; deposited. Fees assessed under this section shall be paid\nto the commissioner for deposit to the general fund.\n  9. Employees. A licensee may employ, in connection with a driving\nschool a person who has been convicted of a crime, in accordance with\narticle twenty-three-A of the correction law.\n  10. Judicial review. The action of the commissioner in refusing to\nissue or renew, or revoking or suspending a license or instructor's\ncertificate may be reviewed in a proceeding under article seventy-eight\nof the civil practice law and rules.\n  11. Penalties. (a) A violation of any of the provisions of this\nsection shall constitute a misdemeanor.\n  (b) During the pendency of any criminal prosecution based upon a\nviolation of this section or if any such prosecution has been terminated\nand the defendant has been sentenced to pay a fine as provided in this\nchapter, no proceeding to recover civil penalties under this section\nshall be commenced and any such pending proceeding shall be stayed.\n  12. Unlicensed operation; procedures and penalties. (a) The\ncommissioner or any person deputized by him shall hear and determine any\nallegation that a person has operated a drivers' school without being\nlicensed as required by subdivision two of this section. Upon a\ndetermination that a person has so operated, the commissioner or person\ndeputized by him shall assess civil penalties as provided in paragraphs\n(b) and (c) of this subdivision.\n  (b) Except as provided in paragraph (c) of this subdivision, any\nperson who operates a drivers' school without being licensed shall be\nrequired to pay to the people of this state a civil penalty in the sum\nof one thousand dollars. However, any such person against whom such\npenalty has been assessed may avoid all but five hundred dollars of such\npenalty by obtaining a license as required by this section, provided\nthat application for such license is made not more than ten days after\nthe imposition of such penalty.\n  (c) (i) Any person who operates a drivers' school while his drivers'\nschool license is revoked or suspended, shall pay to the people of this\nstate a civil penalty in the sum of one thousand dollars. Such civil\npenalty may not be avoided.\n  (ii) Any person who operates a drivers' school without being licensed\nas required by subdivision two of this section who has previously had a\ncivil penalty assessed for unlicensed operation shall pay to the people\nof this state a civil penalty in the sum of one thousand dollars. Such\ncivil penalty may not be avoided.\n  (d) Civil penalties assessed under this section shall be paid to the\ncommissioner for deposit into the state treasury, and unpaid civil\npenalties may be recovered by the commissioner in a civil action in the\nname of the commissioner. In addition, as an alternative to such civil\naction, and provided that no proceeding for judicial review shall then\nbe pending and the time for initiation of such proceeding shall have\nexpired, the commissioner may file with the county clerk of the county\nin which the licensee is located a final order of the commissioner\ncontaining the amount of the penalty assessed. The filing of such final\norder shall have the full force and effect of a judgment duly docketed\nin the office of such clerk and may be enforced in the same manner and\nwith the same effect as that provided by law in respect to executions\nissued against property upon judgments of a court of record.\n
N.Y. VAT Law § 340 — New York Code / Act VAT / Title 3 / Article 7 / Section 340
Surrender of license and evidences of registration
Status: in_force

§ 340. Surrender of license and evidences of registration. (a) Any\nperson whose operator's or chauffeur's license or registration\ncertificates or registration plates have been suspended as provided in\nthis article and have not been reinstated shall immediately return every\nsuch license, registration certificate and registration plates held by\nsuch person to the commissioner. Any person wilfully failing to comply\nwith this requirement is guilty of a misdemeanor.\n  (b) The commissioner is hereby authorized to take possession of any\nlicense, registration certificate or registration plates upon the\nsuspension thereof under the provisions of this article or to direct any\npeace officer, acting pursuant to his special duties or police officer\nto take possession thereof and to return the same to the office of the\ncommissioner.\n
N.Y. PBH Law § 3328 — New York Code / Act PBH / Article 33 / Title 3 / Section 3328
Exemptions from title
Status: in_force

§ 3328. Exemptions from title.  The following persons engaging in the\nfollowing activities shall be exempt from the provisions of this title:\n  1. A practitioner lawfully administering, dispensing, or prescribing a\ncontrolled substance in the course of his professional practice to an\nultimate user for a recognized medical purpose;\n  2. A licensed manufacturer engaged in research upon non-human subjects\nor chemical analysis conducted on the premises specified in the\nmanufacturer's license;\n  3. A licensed distributor engaged in quality control analysis at the\npremises specified in his license.\n  4. A practitioner or patient participating in a clinical research\nprogram on the therapeutic use of marijuana or tetrahydrocannabinols.\n(a) Each such clinical research program shall have received protocol\napproval from the United States Food and Drug Administration, shall\npossess an effective investigational new drug application and shall have\nbeen registered by the Drug Enforcement Administration, United States\nDepartment of Justice.\n  (b) Each such clinical research program authorized under the\nprovisions of article thirty-three-A of this chapter.\n
N.Y. ENV Law § 15-0303 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0303
Examination of books, records and accounts
Status: in_force

§ 15-0303. Examination of books, records and accounts.\n  For the purpose of ascertaining material information relevant to the\nfunction of the powers and duties of the department, the department may\nby its members, authorized agents or representatives freely examine at\nany time the books, records and accounts of any holder of a license,\npermit or other authorization, issued pursuant to this article.\n
N.Y. GMU Law § 789 — New York Code / Act GMU / Article 17-A / Title 3 / Section 789
Effect on existing laws of village
Status: in_force

§ 789. Effect on existing laws of village. 1. Except as otherwise\nprovided in the dissolution plan or elector initiated dissolution plan,\nas the case may be, all local laws, ordinances, rules and regulations of\na village in effect on the date of the dissolution of such village,\nincluding but not limited to zoning ordinances, shall remain in effect\nfor a period of two years following dissolution, as if same had been\nduly adopted by the town board and shall be enforced by the town within\nthe limits of the dissolved village, except that the town board shall\nhave the power at any time to amend or repeal such local laws,\nordinances, rules or regulations in the manner as other local laws,\nordinances, rules or regulations of the town.\n  2. If the village has a zoning board of appeals, or a planning board,\nor both, and the town does not, then upon dissolution the town board\nshall act in place of such board or boards until the town board shall\nhave appointed such board or boards for the town in accordance with the\nprovisions of the town law. Such appointments may be made prior to\ndissolution, to become effective upon the effective date of dissolution.\n
N.Y. VAT Law § 335 — New York Code / Act VAT / Title 3 / Article 7 / Section 335
Security and proof required following accident
Status: in_force

§ 335. Security and proof required following accident. (a) Not less\nthan ten days nor more than sixty days after receipt by him of the\nreport or notice of an accident which has resulted in bodily injury or\ndeath, or in damage to the property of any one person in excess of one\nthousand dollars, the commissioner shall forthwith suspend the license\nof any person operating, and the registration certificates and\nregistration plates of any person owning, a motor vehicle in any manner\ninvolved in such accident unless and until such operator (or chauffeur)\nor owner or both shall have previously furnished or immediately\nfurnishes security sufficient in the judgment of the commissioner to\nsatisfy any judgment or judgments for damages resulting from such\naccident as may be recovered against such owner or operator (or\nchauffeur) by or on behalf of any aggrieved person or his legal\nrepresentative, and unless and until such owner or operator (or\nchauffeur) or both shall immediately furnish and thereafter maintain\nproof of financial responsibility in the future. Where erroneous\ninformation with respect to insurance coverage of the owner or operator\n(or chauffeur) of any such vehicle is furnished to the commissioner, he\nshall take appropriate action as above provided within sixty days after\nthe receipt by him of correct information with respect to such coverage.\nThis section shall not apply: (1) to such owner or operator (or\nchauffeur) if such owner had in effect at the time of such accident with\nrespect to such motor vehicle a standard provisions automobile liability\npolicy in form approved by the superintendent of financial services and\nissued by an insurance company authorized to do business in this state\nor, if such motor vehicle was not registered in this state or was a\nmotor vehicle which was registered elsewhere than in this state at the\neffective date of the policy, or the most recent renewal thereof, an\nautomobile liability policy acceptable to the superintendent of\nfinancial services as substantially the equivalent of such standard\nprovisions automobile liability policy; (2) to such operator (or\nchauffeur), if not the owner of such motor vehicle, if there was in\neffect at the time of such accident such a policy with respect to his\noperation of motor vehicles not owned by him or, if such motor vehicle\nwas a private passenger motor vehicle, with respect to his operation of\nprivate passenger motor vehicles not owned by him or (3) to such owner\nor operator (or chauffeur) if the liability of such owner or operator\n(or chauffeur) for damages resulting from such accident is, in the\njudgment of the commissioner, covered by any other form of liability\ninsurance policy issued by an insurance company authorized to do\nbusiness in this state or by a bond, provided every such policy or bond\nmentioned herein is subject, if the accident has resulted in bodily\ninjury, to a limit, exclusive of interest and costs, of twenty-five\nthousand dollars or death to a limit, exclusive of interest and costs,\nof fifty thousand dollars, because of bodily injury to or death of one\nperson in any one accident and, subject to said limit for one person, to\na limit of fifty thousand dollars because of bodily injury to or one\nhundred thousand dollars because of death of two or more persons in any\none accident, and, if the accident has resulted in injury to or\ndestruction of property, to a limit of ten thousand dollars because of\ninjury to or destruction of property of others in any one accident or\n(4) to such owner or operator if the commissioner shall determine that\nthe failure to have liability coverage as described above was caused\nsolely by the negligence or malfeasance of a person other than the\nperson whose license or registration has been suspended or is subject to\nsuspension, and that the person seeking to avoid such suspension was not\naware of the lack of such liability coverage. However, with respect to\nthe provisions of (4) above, the burden of proof shall be upon the\nperson seeking to avoid such suspension action. Provided further, that\nsuch facts shall be established by clear and convincing evidence, either\nby the submission of affidavits or at a hearing called in the discretion\nof the commissioner.\n  Upon receipt of notice of such accident, the insurance carrier or\nsurety company which issued such policy or bond shall furnish for filing\nwith the commissioner a written notice that such policy or bond was in\neffect at the time of such accident or shall notify the commissioner in\nsuch manner as he may require in case such policy or bond was not in\neffect at the time of such accident.\n  In case any such operator (or chauffeur) or owner has no license to\noperate issued under this chapter or no motor vehicle registered in his\nname in this state, he shall not be allowed a license or registration\nuntil he has complied with this article to the same extent as would be\nnecessary if he had held an operator's or chauffeur's license and a\nmotor vehicle registration issued under this chapter at the time of the\naccident.\n  (b) Such security, where ordered, shall be in such form and in such\namount as the commissioner may require, but in no case in excess of the\namount of proof required by section three hundred forty-one of this\narticle. The commissioner may reduce the amount of security ordered in\nany case within six months after the date of the accident, if, in his\njudgment, the amount ordered is too large. In case the security\noriginally ordered has been deposited, the excess deposited over the\nreduced amount ordered shall be returned to the depositor or his\npersonal representative forthwith, notwithstanding the provisions of\nsubdivision (c) of this section.\n  (c) Security furnished in compliance with the requirements of this\nsection shall be placed by the commissioner in the custody of the\ncommissioner of taxation and finance and shall be applicable only to the\npayment of a judgment against the depositor for damages arising out of\nthe accident in question in an action at law begun not later than one\nyear after the date of such accident or, upon assignment of the\ndepositor, made not later than one year after the date of such accident,\nto the settlement of a claim arising out of such accident, or upon\nassignment of the depositor, made after the expiration of one year after\nthe date of such accident, to the settlement of an action at law begun\nnot later than one year after the date of such accident. All of such\npayments made out of the deposited security shall be made as follows:\nPayment shall first be made to each of the judgment creditors and to\neach of the claimants who have agreed to settle their claims, whose\ndamages were evaluated by the commissioner, in an amount not greater\nthan the amount fixed in their respective evaluations. Whenever the\ncommissioner shall be given evidence, satisfactory to him, that the\namounts of all claims for damages against the depositor arising out of\nsuch accident are fixed, either by judgment or settlement agreement,\npayment shall be made out of any balance remaining after the first\ndistribution to each of those persons whose judgments or settlement\namounts have not been fully paid but whose damages were evaluated by the\ncommissioner, in proportion to the amounts of their respective\nevaluations unless there is sufficient to make payment in full; and any\nbalance remaining after the first and second distributions are completed\nshall be paid to those judgment creditors and those claimants who have\nagreed to settle their claims but whose damages were not evaluated, in\nproportion to the amounts of their respective judgments or settlement\namounts unless there is sufficient to make payment in full. Such\ndeposit, or any balance thereof, shall be returned to the depositor or\nhis personal representative whenever after the expiration of such year,\nthe commissioner shall be given evidence, satisfactory to him, that\nthere is no such action pending and no such judgment unsatisfied or\nwhenever, before the expiration of such year, the commissioner shall be\ngiven evidence, satisfactory to him, that there is no such judgment\nunsatisfied and that there is no existing cause of action against the\ndepositor for damages arising out of such accident.\n  (c-1) After security, furnished in compliance with the requirements of\nthis section, has remained on deposit for five years, the commissioner\nshall make a determination as to whether the deposit, or any balance\nthereof, is returnable to the depositor or the person entitled thereto.\nIn the event that such deposit, or any balance thereof, is determined to\nbe returnable, but remains unclaimed by the depositor or the person\nentitled thereto for a period of one year following the date of such\ndetermination, such unclaimed deposit, or any balance thereof, shall be\ndeemed abandoned property subject to the provisions of the abandoned\nproperty law.\n  (d) The provisions of subdivision (a) of this section shall not apply\nto the owner of a motor vehicle operated by one having obtained\npossession or control thereof without the expressed or implied consent\nof such owner, to a police officer or member of the state police who is\ncompelled to assume the custody and operation of a motor vehicle of\nanother because such motor vehicle was (1) stolen from or lost by the\nowner, (2) abandoned, either by the owner or any other person with or\nwithout the owner's consent, (3) is being operated by a person disabled\nso as not to be able to operate it properly, or (4) is being operated by\nan intoxicated person; or to either the owner or operator of a motor\nvehicle involved in an accident wherein no damage or injury was caused\nto other than the person or property of such owner or operator.\n  (e) In lieu of deposit of security when required pursuant to the\nprovisions of this section the commissioner may accept a written\nagreement, executed and acknowledged by the person required to deposit\nsecurity and any person who has sustained bodily injury, including\ndeath, or damage to his property, or his legal representative, providing\nfor the payment of an agreed amount in installments, with respect to the\nclaims of such person for injuries or damages resulting from the\naccident. In the event of default in payment of any installment under\nsuch agreement, then upon notice of such default the commissioner shall\nforthwith suspend the license and registration certificates and\nregistration plates of the person in default until release has been\nfiled with the commissioner indicating that the entire agreed amount has\nbeen paid. But in no case shall such agreement be used in lieu of proof\nof maintenance of financial responsibility in the future required\npursuant to the provisions of this section.\n
N.Y. PBA Law § 2854 — New York Code / Act PBA / Article 9 / Title 3 / Section 2854
Severance packages
Status: in_force

§ 2854. Severance packages. 1. For the purposes of this section:\n  (a) "at-will employee" shall mean an employee of any entity organized\nunder this chapter. Any employee that is covered by a collective\nbargaining agreement or union contract shall not be considered an\nat-will employee for the purpose of this section.\n  (b) "severance pay for an at-will employee" shall include benefits or\ncompensation with a quantifiable monetary value that are provided for an\nat-will employee upon termination of employment and shall not be\nconsidered part of the at-will employee's annual wages and benefits.\n"Severance pay for an at-will employee" shall not include payments for\naccumulated vacation, accumulated sick leave, and accumulated sick leave\nliquidated to cover the cost of group term insurance or payments of\nperiodic contributions by an employer toward premiums for group\ninsurance policies.\n  2. Notwithstanding any other law, rule or regulation to the contrary,\nseverance pay provided for an at-will employee leaving employment shall\nnot exceed an amount equivalent to their prior three months' salary.\n  3. Notwithstanding any other law, rule or regulation to the contrary,\nthe severance pay for an at-will employee shall be excluded from\nretirement deductions and from any calculations of retirement benefits.\n  4. If a retired or terminated at-will employee dies before all of\ntheir severance pay has been disbursed, the balance due must be paid to\na named beneficiary or, lacking one, to the decedent's estate.\n  5. No collective bargaining agreement or union contract shall be\naltered by the provisions of this section.\n
N.Y. DOM Law § 77-C — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-C
Temporary visitation
Status: in_force

§ 77-c. Temporary visitation. 1. A court of this state which does not\nhave jurisdiction to modify a child custody determination, may, if\nconsistent with subdivision one-c of section two hundred forty of this\nchapter or section one thousand eighty-five of the family court act,\nissue a temporary order enforcing:\n  (a) a visitation schedule made by a court of another state; or\n  (b) the visitation provisions of a child custody determination of\nanother state that does not provide for a specific visitation schedule.\n  2. If a court of this state makes an order under paragraph (b) of\nsubdivision one of this section, it shall specify in the order a period\nthat it considers adequate to allow the petitioner to obtain an order\nfrom a court having jurisdiction under the criteria specified in title\ntwo of this article. The order remains in effect until an order is\nobtained from the other court or the period expires.\n
N.Y. PBA Law § 553-I — New York Code / Act PBA / Article 3 / Title 3 / Section 553-I
Marine Parkway Bridge; tokens
Status: in_force

§ 553-i. Marine Parkway Bridge; tokens. Notwithstanding any\ninconsistent provision of law, but subject to agreements with\nnoteholders and bondholders, the authority shall offer for sale tokens\nand may, except as otherwise provided herein, regulate the use thereof.\nSuch tokens shall entitle the purchaser to crossings over the Marine\nParkway Bridge at a reduced cost of sixty-six and two-thirds percentum\nof the regular crossing fare. In the event the authority shall impose a\nsurcharge in addition to the regular toll for crossings over the Marine\nParkway Bridge, such surcharge shall not be deemed a part of the regular\ncrossing fare for purposes of this section, and the tokens or other\npayment devices offered for sale shall also entitle purchasers who are\nresidents of Broad Channel or the Rockaway Peninsula to a permanent\nexemption from the payment of any such surcharge in an amount equal to\nthe amount of any such surcharge imposed during calendar year nineteen\nhundred ninety-three. Application for such tokens or other payment\ndevices shall be made in such manner as prescribed by the authority and\nshall contain such information as the authority may reasonably require.\n
N.Y. EXC Law § 527-K — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-K
Technical services and assistance
Status: in_force

§ 527-k. Technical services and assistance. The division may provide\ntechnical services and assistance or contract to provide technical\nservices and assistance to eligible applicants to comply with the\nprovisions and intent of this title.\n
N.Y. RPT Law § 1142 — New York Code / Act RPT / Article 11 / Title 3-A / Section 1142
Homeowner bill of rights
Status: in_force

§ 1142. Homeowner bill of rights. Any owner of a residential property,\nas defined in section eleven hundred eleven of this article, who\noccupies such property as their primary residence, shall have the\nfollowing rights:\n  1. Notwithstanding any other general, special, or local law, local tax\nact, code, rule, regulation, or charter provision to the contrary, to\nnot have exemptions removed or waived for nonpayment of property taxes,\nexcept to the extent otherwise provided in section one hundred\nseventy-one-w of the tax law and any other general law that explicitly\nauthorizes the removal of an exemption due to the nonpayment of taxes;\n  2. To be informed of the amount of tax due, the number of tax years\nfor which the parcel has been in arrears, the date on which the\nredemption period ends, the accepted forms of payment, the location\nwhere payments shall be made, and the contact information for the\nresponsible taxing authority, provided that a claim by an owner that\nthey were not so informed shall not constitute a valid defense to a\nforeclosure proceeding;\n  3. To receive homeowner warning notices pursuant to section eleven\nhundred forty-four of this title;\n  4. In the event that their primary residence is foreclosed upon, to\nreceive a share of any surplus resulting from the sale of the property\nin the manner provided by law;\n  5. To be charged interest at a rate no higher than the maximum\nallowable statutory interest rate for unpaid property taxes;\n  6. To enter into installment plans or repayment plans for purposes of\npaying delinquent taxes where locally authorized;\n  7. For owners who are senior citizens who are receiving a senior\ncitizens exemption, an enhanced STAR exemption or an enhanced STAR\ncredit, to receive a grace period of five business days to pay their\ntaxes without interest in a local government that has opted to grant\nsuch an extension to such persons;\n  8. In the event that their primary residence is foreclosed upon, to\nhave all debts related to delinquent taxes owed on such primary\nresidence extinguished upon the foreclosure, except when they have\nreacquired title pursuant to subdivision four of section eleven hundred\nthirty-six of this article; provided, however, that nothing contained\nherein shall be construed to preclude a tax district from bringing an\naction against a former owner to recover reasonable costs incurred in\nacting pursuant to law to remove, abate or mitigate unsafe conditions\nand/or nuisances that were present on the property at the time of\nforeclosure, including but not limited to the demolition of unsafe\nstructures and the elimination of fire and health hazards where\nwarranted.\n
N.Y. RSS Law § 311 — New York Code / Act RSS / Article 8 / Title 3 / Section 311
Duties of comptroller; the actuary
Status: in_force

§ 311. Duties of comptroller; the actuary. a. The comptroller shall be\nthe administrative head of the police and fire retirement system.\nSubject to the limitations of this article and of law, he or she shall\nadopt and may amend, from time to time, rules and regulations for the\nadministration and transaction of the business of the police and fire\nretirement system and for the custody and control of its funds. The\ncomptroller shall:\n  1. Maintain all necessary accounting records, and\n  2. Keep in convenient form such data as shall be necessary for the\nactuarial valuation of the various funds of the police and fire\nretirement system, and\n  3. Establish funds, in addition to those provided for by this article,\nwhich in his or her judgment are necessary or required for the proper\nfiscal management of the police and fire retirement system, and\n  4. Perform such other functions as are required for the execution of\nthe provisions of this article.\n  b. The comptroller shall engage the services of an actuary and may\nemploy such other necessary technical and administrative assistance as\nhe or she may require. For the purpose of determining upon the proper\ntables to be prepared and submitted to the comptroller for adoption, the\nactuary, from time to time, but at least once in each five years, shall\nmake such investigation of the mortality, service and compensation\nexperience of the members as the comptroller may authorize. On the basis\nof such investigation and upon the recommendations of the actuary, the\ncomptroller shall:\n  1. Adopt for the police and fire retirement system such mortality and\nother tables as shall be deemed necessary, and\n  2. Certify the rates of deduction, if any, from compensation computed\nto be necessary to pay the annuities authorized under the provisions of\nthis article.\n  3. From time to time, but at least once in each five years, promulgate\na rate or rates of estimated future investment earnings.\n  4. From time to time, but at least once in every five years,\npromulgate a rate or rates of regular interest.\n  c. On the basis of such aforesaid tables and an estimated rate or\nrates of future investment earnings as the comptroller shall adopt:\n  1. The actuary shall make an annual valuation of the assets and\nliabilities of the funds of the police and fire retirement system, and\n  2. The comptroller shall certify annually the rates expressed as\nproportions of payroll of members, which shall be used in computing the\ncontributions required to be made by employers to the pension\naccumulation fund.\n  d. The comptroller shall make an annual report showing the valuation\nof the assets and liabilities of the funds of the police and fire\nretirement system, as certified by the actuary, a statement of receipts\nand disbursements and his or her recommendations in regard thereto. Such\nreport shall be published with and as a part of the annual report of the\ncomptroller.\n  e. Special interest, if any, shall be credited annually in the same\nmanner as regular interest pursuant to subdivision i of section three\nhundred thirteen of this article to the individual annuity savings\naccounts of persons who are members as of the close of the fiscal year.\n  f. The records of the police and fire retirement system shall be open\nto public inspection.\n  g. The comptroller shall adopt and amend pursuant to this article only\nsuch rules and regulations as he or she determines to be for the best\ninterest of the retirement system and its members.\n
N.Y. ENV Law § 56-0305 — New York Code / Act ENV / Article 56 / Title 3 / Section 56-0305
Application procedure
Status: in_force

§ 56-0305. Application procedure.\n  1. Any municipality or soil and water conservation district may make\nan application for such state assistance payment, in a manner, form, and\ntime frame and containing such information as the respective\ncommissioner, the president of the environmental facilities corporation\nor the secretary of state may require.  Subject to the provisions of\nsection thirty-two of the chapter of the laws of 1996 which added this\nsection, the respective commissioner, the president of the environmental\nfacilities corporation or the secretary of state shall review such\napplication and may approve, disapprove, or recommend modifications\nthereto consistent with applicable law, criteria, standards, or rules\nand regulations relative to such projects.\n  2.  In reviewing such applications for eligibility, the respective\ncommissioner, the president of the environmental facilities corporation\nor the secretary of state shall give due consideration to:\n  (a) the suitability and feasibility of the project in relation to the\ngoals of the applicable program or plan;\n  (b) the priority of the project in relationship to other projects\nproposed under the same program or plan.  Highest priority shall be\ngranted to projects which will provide the greatest reduction in\npollutants or most significant habitat improvement.  For water quality\nimprovement projects which have been developed with the assistance of,\nor by any other state agencies, the respective commissioner, the\npresident of the environmental facilities corporation or secretary of\nstate shall be consulted with when determining the priority of the\nproject;\n  (c) the availability of matching funds on the part of the municipality\nor the soil and water conservation district to finance the\nmunicipality's or soil and water conservation district's share of the\nproject cost.  In submitting the application, the municipality or soil\nand water conservation district shall submit proof to the satisfaction\nof the respective commissioner, the president of the environmental\nfacilities corporation or secretary of state of the availability of such\nmatching funds; and\n  (d) the urgency of the need to provide state assistance payments for\nthe project in relation to the availability of other funding sources and\nthe municipality's or soil and water conservation district's ability to\nfinance such project based on the availability of other moneys including\nfederal funds.\n  3. Upon approval of an application for such assistance payment, the\nrespective commissioner, the president of the environmental facilities\ncorporation or the secretary of state and the municipality or soil and\nwater conservation district shall enter into a contract for such payment\ntoward the cost of the approved project which shall include the\nfollowing provisions:\n  (a) A current estimate of the cost of the project as determined by the\nrespective commissioner, the president of the environmental facilities\ncorporation or the secretary of state at the time of the execution of\nthe contract and a specific timetable for progress and completion of the\nproject;\n  (b) An agreement by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state to make state\nassistance payments toward the cost of the project by periodically\nreimbursing the municipality or soil and water conservation district for\ncosts incurred during the progress of the project to the maximum agreed\nupon state share.  Such costs are subject to final computation and\ndetermination by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state upon\ncompletion of the project; and\n  (c) An agreement by the municipality or soil and water conservation\ndistrict to proceed expeditiously with the project and to complete the\nproject in accordance with the timetable set out in the contract as so\napproved by the respective department or authority and with the\nconditions of applicable permits, administrative orders, or judicial\norders.  A finding by the respective commissioner, the president of the\nenvironmental facilities corporation or secretary of state that the\nmunicipality or soil and water conservation district has not met the\nconditions of the contract in good faith shall constitute a material\nbreach of the contract.\n
N.Y. DOM Law § 77-P — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-P
Costs and expenses
Status: in_force

§ 77-p. Costs and expenses. If the respondent is not the prevailing\nparty, the court may assess against the respondent all direct expenses\nand costs incurred by the prosecutor or other appropriate public\nofficial and law enforcement officers under section seventy-seven-n or\nseventy-seven-o of this title.\n
N.Y. DOM Law § 77 — New York Code / Act DOM / Article 5-A / Title 3 / Section 77
Definitions
Status: in_force

§ 77. Definitions. As used in this title:\n  1. "Petitioner" means a person who seeks enforcement of an order for\nreturn of a child under the Hague Convention on the Civil Aspects of\nInternational Child Abduction or enforcement of a child custody\ndetermination.\n  2. "Respondent" means a person against whom a proceeding has been\ncommenced for enforcement of an order for return of a child under the\nHague Convention on the Civil Aspects of International Child Abduction\nor enforcement of a child custody determination.\n
N.Y. PBH Law § 619-A — New York Code / Act PBH / Article 6 / Title 3 / Section 619-A
Incentive standards of performance
Status: in_force

§ 619-a. Incentive standards of performance. 1. The commissioner may\nestablish statewide incentive performance standards for the delivery of\ncore public health services.\n  2. Within amounts appropriated, and subject to the approval of the\ndirector of the budget, the commissioner may increase state aid to any\nmunicipality that meets or exceeds statewide incentive performance\nstandards established under this section, provided that the total of\nsuch payments to all municipalities may not exceed one million dollars\nannually.\n
N.Y. PBA Law § 163-A — New York Code / Act PBA / Article 2 / Title 3 / Section 163-A
Jurisdiction in certain suits against the authority
Status: in_force

* § 163-a. Jurisdiction in certain suits against the authority.\nExclusive jurisdiction is hereby conferred upon the court of claims to\nhear and determine the claims of any person against the authority (a)\nfor its tortious acts and those of its agents, and (b) for breach of a\ncontract relating to construction, reconstruction, improvement,\nmaintenance or operation, in the same manner and to the extent provided\nby and subject to the provisions of the court of claims act with respect\nto claims against the state, and to make awards and render judgments\ntherefor. All awards and judgments arising from such claims shall be\npaid out of monies of the authority.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBA Law § 1070 — New York Code / Act PBA / Article 5 / Title 3 / Section 1070
Annual report
Status: in_force

§ 1070. Annual report. The authority shall submit to the board of\nsupervisors of the county, and to the comptroller, within the first\nmonth of each fiscal year, a detailed report setting forth the\noperations and fiscal transactions of the authority during the preceding\nfiscal year, the financial condition of such authority and a statement\nof all receipts and expenditures during such year.\n
N.Y. EXC Law § 527-M — New York Code / Act EXC / Article 19-G / Title 3-A / Section 527-M
Liability on obligations
Status: in_force

§ 527-m. Liability on obligations. Except for obligations which the\ndivision or New York state urban development corporation assumes by\ncontract for the construction, rehabilitation and development period of\nany project, neither the division, the New York state urban development\ncorporation nor the state shall have any responsibility or liability as\nto construction, rehabilitation, operation, maintenance, repair or use\nof youth center facilities unless otherwise specifically provided by\nlaw.\n
N.Y. VAT Law § 381 — New York Code / Act VAT / Title 3 / Article 9 / Section 381
Motorcycle equipment
Status: in_force

§ 381. Motorcycle equipment. 1. (a) Every motorcycle, driven upon the\npublic highways of this state, shall be provided with adequate brakes in\ngood working order and sufficient to control such motorcycle at all\ntimes, when the same is in use, a suitable and adequate bell, horn or\nother device for signaling, one red to amber stop lamp and shall,\nwhenever such motorcycle is being operated upon the public highways of\nthe state, display one lighted lamp in front and one on the rear, or,\nwhen such motorcycle is operated with a passenger or other truck\nattached to the side or front two such lamps on the front and one on the\nrear; and in all cases the lamps on a motorcycle shall include a red\nlight visible from the rear. The rays of such rear lamp shall shine upon\nthe number plate carried on the rear of such motorcycle in such manner\nas to render the numerals thereon visible for at least fifty feet in the\ndirection from which the motorcycle is proceeding. The light of the\nfront lamp or lamps shall be visible at least two hundred feet in the\ndirection in which the motorcycle is proceeding. Every such motorcycle\nshall have a suitable muffler or device to prevent unnecessary noise\nfrom exhaust gases, and the use of so-called "cut-outs" is prohibited.\n  (b) Driving a motorcycle without the display of one lighted lamp in\nfront and one on the rear, during a period other than from one-half hour\nafter sunset to one-half hour before sunrise, shall not be deemed to\nconstitute negligence or contributory negligence in any action or\nproceeding arising out of the operation of such motorcycle.\n  (c) The provisions of this subdivision relating to the display of one\nlighted lamp in front and one on the rear during a period other than\nfrom one-half hour after sunset to one-half hour before sunrise shall\nnot apply to a motorcycle, driven at a speed of less than twenty miles\nper hour, owned by a municipality and used for the collection of parking\nfees or the enforcement of parking regulations.\n  1-a. Every motorcycle registered in this state and manufactured or\nassembled after January first, nineteen hundred seventy-one and\ndesignated as a nineteen hundred seventy-one or subsequent year model\nshall be equipped with brakes acting on the front as well as the rear\nwheel.\n  2. No head lamp shall be used upon any motorcycle operated upon the\npublic highways of the state, unless such lamp is approved by the\ncommissioner or is equipped with a lens or other device approved by the\ncommissioner. Every such head lamp, lens or other device shall be\napplied and adjusted in accordance with the requirements of the\ncertificate approving the use thereof. Every such head lamp shall be\nfirmly and substantially mounted on the motorcycle in such manner as to\nallow the lamp to be properly and readily adjusted. Each reflector which\nis used as a part of such head lamp shall have a polished silver or\nglass reflecting surface, or a reflecting surface which gives candle\npower intensity meeting the requirements of rules and regulations\nestablished by the commissioner, and shall be substantially free from\ndents, rust and other imperfections. The operator of every motorcycle\nshall permit any police officer or other person exercising police powers\nto inspect the equipment of such motorcycle and make such tests as may\nbe necessary to determine whether the provisions of this section are\nbeing complied with. The commissioner may make reasonable rules and\nregulations relative to lights on motorcycles and the approval of the\nsame which may be necessary to effectuate the foregoing provisions of\nthis section.\n  2-a. It shall be unlawful for any person to operate on the public\nhighways of the state any motorcycle manufactured or assembled after\nOctober first, nineteen hundred sixty-eight and designated as a nineteen\nhundred sixty-nine or subsequent year model unless such motorcycle is\nequipped with the lamps required by this section, which lamps shall be\nof a type, design and construction approved by the commissioner.\n  3. Except as hereinafter provided, only a white or yellow light shall\nbe displayed upon a motorcycle so as to be visible from a point directly\nin front of the vehicle. Any color light, except blue, may be displayed,\nso as to be visible from a point directly in front of the vehicle, on a\npolice vehicle or on a motorcycle operated by a sheriff or regular\ndeputy sheriff when engaged in the performance of duty as a police\nofficer. Any color light, including blue, may be displayed, so as to be\nvisible from a point directly in front of the vehicle, on a motorcycle\noperated by a chief or assistant chief of a fire department, a county or\ndeputy county fire coordinator, or a county or assistant county fire\nmarshal. A blue light may be displayed upon a motorcycle, so as to be\nvisible from a point directly in front of the vehicle, when operated by\nan active volunteer member of a fire department or company duly\nauthorized as hereinafter provided, and while such vehicle is in use for\nfire or other emergency service. No volunteer firefighter shall be\npermitted to display a blue light upon a motorcycle as hereinbefore\nprovided except while actually enroute to the scene of a fire or other\nemergency requiring his or her services and unless he or she shall be an\nactive volunteer member of a fire department or company and shall have\nbeen authorized in writing to so display a blue light by the chief of\nthe fire department or company of which he or she is a member, which\nauthorization shall be subject to revocation at any time by the chief\nwho issued the same, or his or her successor in office.\n  4. Every motorcycle shall have at least one adequate red reflector\nsecurely attached to the rear. Such reflector may be a part of the rear\nlamp. No reflector shall be deemed adequate within the meaning of this\nsubdivision unless it is of a size and type approved by the\ncommissioner, and unless it is so designed, located and maintained as to\nbe visible for at least two hundred feet when opposed by a motor vehicle\ndisplaying lawful undimmed headlights at night on an unlighted highway.\nThe provisions of this subdivision with respect to reflectors shall be\napplicable, both day and night, whenever the motorcycle is on a public\nhighway.\n  5. No person shall operate on a public highway a motorcycle on which\nthe handle bars or grips are more than the height of the operator's\nshoulders.\n  6. It shall be unlawful for any person to operate or ride upon a\nmotorcycle unless he wears a protective helmet of a type which meets the\nrequirements set forth in section 571.218 of the federal motor vehicle\nsafety standards as may from time to time be amended. The commissioner\nis hereby authorized and directed to adopt regulations for helmets which\nare consistent with the requirements as specified in section 571.218 of\nthe federal motor vehicle safety standards as may from time to time be\namended. The police authorities of a city, town or village may issue a\npermit exempting members of organizations sponsoring or conducting\nparades or other public exhibitions from the provisions of this\nsubdivision while such members are participating in such parades or\nother public exhibitions.\n  7. It shall be unlawful, on and after January first, nineteen hundred\nsixty-seven, for any person to operate a motorcycle unless he wears\ngoggles or a face shield of a type approved by the commissioner. The\ncommissioner is hereby authorized and empowered to adopt and amend\nregulations covering types of goggles and face shields and the\nspecifications therefor and to establish and maintain a list of approved\ngoggles and face shields which meet the specifications as established\nhereunder.\n  8. It shall be unlawful to operate on any public highway in this state\nany motorcycle registered in this state which is equipped with a wind\nscreen, unless such wind screen meets the specifications established\ntherefor by the commissioner. The commissioner is hereby authorized to\nadopt and amend regulations covering types of wind screens and\nspecifications therefor.\n  9. It shall be unlawful to sell, offer for sale or distribute any\ngoggles or face shields for use by the operators of motorcycles unless\nthey are of a type and specification approved by the commissioner and\nappear on the list of approved devices maintained by the commissioner.\n  9-a. It shall be unlawful to sell, offer for sale or distribute any\nprotective helmets for use by the operators or passengers of motorcycles\nunless they are consistent with the regulations of the commissioner as\nprovided in subdivision six of this section and within the requirements\nspecified in section 571.218 of the federal motor vehicle safety\nstandards as may from time to time be amended.\n  10. It shall be unlawful after July first, nineteen hundred\nsixty-seven to operate on any public highway in this state any\nmotorcycle registered in this state, unless such motorcycle is equipped\nwith a rear view mirror which shall be adjusted so that the operator of\nsuch motorcycle shall have a clear view of the road and condition of\ntraffic behind such motorcycle.\n  11. No person shall operate a motorcycle on any highway which is: (1)\nnot equipped with a muffler to prevent excessive or unusual noise; (2)\nequipped with a muffler from which the baffle plates, screens or other\noriginal internal parts have been removed or altered; (3) equipped with\nan exhaust device without internal baffles, known as "straight pipes";\nor (4) equipped with an exhaust system that has been modified in a\nmanner that will amplify or increase the noise emitted by the motor of\nsuch vehicle above that emitted by the exhaust system originally\ninstalled on the vehicle.\n  12. No person shall operate a motorcycle on any highway which is\nequipped with an exhaust device that is intentionally designed to allow\nfor the internal baffling to be fully or partially removed or\ninterchangeable. This subdivision shall not apply to a motorcycle\nmanufactured or assembled prior to nineteen hundred seventy-nine or a\nmotorcycle registered as a limited use vehicle or an all terrain vehicle\npursuant to article forty-eight-A or forty-eight-B of this chapter.\n  13. A violation of any of the provisions of this section except\nsubdivisions eleven and twelve shall be punishable by a fine not\nexceeding one hundred dollars or by imprisonment for not exceeding\nthirty days, or by both such fine and imprisonment. A violation of\nsubdivision eleven or twelve of this section shall be punishable by a\nfine not exceeding five hundred dollars or by imprisonment for not\nexceeding thirty days, or by both such fine and imprisonment.\n
N.Y. VAT Law § 399-C — New York Code / Act VAT / Title 3 / Article 12-B / Section 399-C
Approval by the commissioner
Status: in_force

§ 399-c. Approval by the commissioner. The commissioner must approve\nan accident prevention course before any person attending and\nsuccessfully completing such course may qualify to receive mandatory\ninsurance reduction benefits in accordance with subsection (a) of\nsection two thousand three hundred thirty-six of the insurance law. The\ncommissioner shall base the decision to approve a course upon the\nrequirements set forth in this article and any additional requirements\nas the commissioner deems necessary.\n
N.Y. ELD Law § 245 — New York Code / Act ELD / Article 2 / Title 3 / Section 245
Information regarding the home energy assistance program for program participants
Status: in_force

§ 245. Information regarding the home energy assistance program for\nprogram participants. 1. For the purposes of this section, the following\nterms shall have the following meanings:\n  (a) "OTDA" shall mean the state office of temporary and disability\nassistance.\n  (b) "Home energy assistance program" or "HEAP" shall mean the\nlow-income home energy assistance program implemented pursuant to\nsection ninety-seven of the social services law.\n  2. The department of health shall notify program participants and\nprovide information regarding eligibility and how to apply for the home\nenergy assistance program. Such information shall be provided with each\nelderly pharmaceutical insurance coverage paper application that is\ndistributed and also annually to all program participants.\n  3. The department of health shall consult with OTDA and the office on\nthe development of the notification to program participants referenced\nin subdivision two of this section.\n  4. If a participant's household applies for and is enrolled in the\nhome energy assistance program, the applicable local social services\ndistrict shall provide written notification and information to the\nparticipant's household in accordance with OTDA regulations.\n  5. OTDA and the department of health, in consultation with each other,\nare authorized to promulgate any rules and regulations necessary to\ncarry out the provisions of this section.\n
N.Y. LFN Law § 36.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 36.00
Bond resolution subject to permissive referendum; villages
Status: in_force

§ 36.00 Bond resolution subject to permissive referendum; villages.\na. A bond resolution adopted by the finance board of a village shall be\nsubject to a permissive referendum or such resolution may be submitted\nto a referendum by such finance board on its own motion, in the manner\nprescribed in article nine of the village law, as amended from time to\ntime. The foregoing provisions of this paragraph shall not apply to a\nbond resolution authorizing the issuance of bonds:\n  1. With a proposed maturity of not more than five years to be measured\nfrom the date of the bonds or from the date of the first bond\nanticipation note issued in anticipation of the sale of such bonds,\nwhichever date is the earlier.\n  2. For a capital improvement or equipment, of which any part of the\ncost is chargeable primarily to benefited real property.\n  3. For the construction, pavement or other improvement of a street or\nhighway through such village, the cost of which is to be paid in part by\nsuch village and in part by the county or state, as provided in the\nhighway law, as amended from time to time.\n  4. For the payment of judgments, or compromised or settled claims\nagainst such village, or awards or sums payable by such village pursuant\nto a determination by a court, or an officer, body or agency acting in\nan administrative or quasi-judicial capacity.\n  5. To provide for the construction or reconstruction of facilities for\nthe conveyance, treatment and disposal of sewage required by any order\nof the state commissioner of health or of the water resources commission\ndirecting compliance with standards, determinations or orders\npromulgated pursuant to article twelve of the public health law to\nprevent pollution of the waters of the state.\n  6. To provide for construction or reconstruction of facilities for the\nincineration and disposal of refuse and garbage required by any order of\nthe commissioner of health, the air pollution control board or county\nhealth commissioner directing compliance with standards, determinations\nor orders promulgated pursuant to article twelve-A of the public health\nlaw or pursuant to a local law, ordinance or regulation of the governing\nbody of a county, which complies with at least the minimum applicable\nrequirements set forth in any code, rule or regulation promulgated\npursuant to article twelve-A of the public health law to prevent,\ncontrol or prohibit pollution of the air resources of the state.\n  b. The expenditure of money for which it is proposed to issue\nobligations shall not be subject to a permissive or mandatory referendum\nin any village.\n
N.Y. RPT Law § 959 — New York Code / Act RPT / Article 9 / Title 3-A / Section 959
Applicability of title; separability
Status: in_force

§ 959. Applicability of title; separability. 1. This title shall apply\nto all municipal corporations in the state which collect taxes.\n  2. Separability. If any provision of this title or the application of\nsuch provision in certain circumstances shall be held invalid, the\nvalidity of the remainder of this title and its applicability to other\ncircumstances shall not be affected.\n
N.Y. VAT Law § 353 — New York Code / Act VAT / Title 3 / Article 7 / Section 353
When commissioner may release proof
Status: in_force

§ 353. When commissioner may release proof. The commissioner shall\nupon request consent to the cancellation of any bond or insurance policy\nor return to the person entitled thereto any money or securities,\ndeposited pursuant to this article as proof of financial responsibility,\nor waive the requirement of filing proof of financial responsibility in\nany of the following events:\n  (1) In the event of the death of the person on whose behalf such proof\nwas filed, or the permanent incapacity of such person to operate a motor\nvehicle; or\n  (2) In the event the person who has given proof of financial\nresponsibility surrenders his operator's or chauffeur's license,\nregistration certificates and registration plates to the commissioner,\nbut the commissioner shall not release such proof in the event any\naction for damages upon a liability referred to in this article is then\npending, or any judgment upon any such liability then outstanding and\nunsatisfied, or in the event the commissioner has received notice that\nsuch person has within the period of three months immediately preceding\nbeen involved as a driver in any motor vehicle accident.  An affidavit\nof the applicant of the non-existence of such facts shall be sufficient\nevidence thereof in the absence of evidence to the contrary in the\nrecords of the bureau.\n  Whenever any person to whom proof has been surrendered, as provided in\nthis section, applies for an operator's or chauffeur's license or the\nregistration of a motor vehicle, any such application shall be refused\nunless the applicant shall reestablish such proof.\n
N.Y. ENV Law § 13-0339-A — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0339-A
Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguil...
Status: in_force

§ 13-0339-a. Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser\n               oxyrhynchus), shortnose sturgeon (Acipenser\n               brevirostrum), American eel (Anguilla rostrata), Atlantic\n               herring (Clupea horengus), American shad (Alosa\n               sapidissima), alewife (Alosa pseudoharengus), blueback\n               herring (Alosa aestivalis), squid (cephalopoda), and\n               hickory shad (Alosa mediocris).\n  1. The department may fix, by regulation, measures for the management\nof the following species:\n  a. Atlantic cod (Gadus morhua) until December thirty-first, two\nthousand twenty-six,\n  b. American eel (Anguilla rostrata) until December thirty-first, two\nthousand twenty-six,\n  c. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and\nbrevirostrum) until December thirty-first, two thousand twenty-six,\n  d. Atlantic herring (Clupea harengus) until December thirty-first, two\nthousand twenty-six,\n  e. American shad (Alosa sapidissima) until December thirty-first, two\nthousand twenty-eight,\n  f. alewife (Alosa pseudoharengus) until December thirty-first, two\nthousand twenty-eight,\n  g. blueback herring (Alosa aestivalis) until December thirty-first,\ntwo thousand twenty-six,\n  h. squid (cephalopoda) until December thirty-first, two thousand\ntwenty-six, and\n  i. hickory shad (Alosa mediocris) until December thirty-first, two\nthousand twenty-eight.\n  2. Such management regulations may include size limits, catch and\npossession limits, open and closed seasons, closed areas, restrictions\non the manner of taking and landing, requirements for permits and\neligibility therefor, recordkeeping requirements, requirements on the\namount and type of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n
N.Y. VAT Law § 310 — New York Code / Act VAT / Title 3 / Article 6 / Section 310
Short title and declaration of purpose
Status: in_force

§ 310. Short title and declaration of purpose. (1) This article shall\nbe known and may be cited as the "Motor Vehicle Financial Security Act."\n  (2) Declaration of purpose. The legislature is concerned over the\nrising toll of motor vehicle accidents and the suffering and loss\nthereby inflicted. The legislature determines that it is a matter of\ngrave concern that motorists shall be financially able to respond in\ndamages for their negligent acts, so that innocent victims of motor\nvehicle accidents may be recompensed for the injury and financial loss\ninflicted upon them.  The legislature finds and declares that the public\ninterest can best be served in satisfying the insurance requirements of\nthis article by private enterprise operating in a competitive market to\nprovide proof of financial security through the methods prescribed\nherein.\n  Nothing in this article shall be construed to affect any change in the\napplication of article twenty-three of the insurance law to automobile\nliability insurance rate-making or to effect the development of various\nmethods of doing or operating an automobile liability insurance\nbusiness.\n
N.Y. RPT Law § 946 — New York Code / Act RPT / Article 9 / Title 3 / Section 946
Retention of tax roll
Status: in_force

§ 946. Retention of tax roll. Notwithstanding any law to the contrary,\nwhere a tax roll indicating the date of payment of the tax, any receipt\nnumber, and related information is maintained in a manner other than\nthat set forth in article fifteen-C of this chapter, the tax roll shall\nbe permanently retained as a public record.\n
N.Y. PBA Law § 3036 — New York Code / Act PBA / Article 10 / Title 3 / Section 3036
Payments to the corporation; funds of the corporation
Status: in_force

* § 3036. Payments to the corporation; funds of the corporation.  1.\nNot less than one hundred twenty days before the beginning of each\nfiscal year of the corporation (but not later than July 1, 1975 for the\nfiscal year ending June 30, 1976), the chairman of the board of\ndirectors of the corporation shall certify to the state comptroller and\nto the mayor a schedule setting forth the cash requirements of the\ncorporation for such fiscal year and the time or times when such cash is\nrequired. The total amount so certified by such chairman for such fiscal\nyear shall be equal to: (i) the amounts which are required to be\ndeposited in the capital reserve fund authorized to be created and\nestablished pursuant to subdivision three of this section during such\nfiscal year in order to maintain such capital reserve fund of the\ncorporation at the level required in accordance with subdivision five of\nthis section; (ii) the amounts required to be deposited in the debt\nservice fund of the corporation to pay all interest and all payments of\nprincipal and redemption premium, if any, on notes and bonds secured by\nsuch debt service fund maturing or otherwise coming due during such\nfiscal year; and (iii) the amounts required to be deposited in the\noperating fund of the corporation, as determined by the corporation, to\nmeet the operating requirements and other expenses of the corporation\nduring such fiscal year. If any increase shall occur in the cash\nrequirements specified above, or if payments are required at a time or\ntimes earlier than previously certified or if the city shall for any\nreason fail to make timely payment of the principal and accrued interest\ndue on any obligation issued by the city to the corporation and maturing\nwithin the same fiscal year, such chairman shall certify a revised\nschedule of cash requirements for such fiscal year to the state\ncomptroller and to the mayor. The schedule accompanying each\ncertification (or revision thereof) shall provide for such payment dates\nas the corporation deems appropriate to assure that sufficient funds\nwill be available from the sources identified below to enable it to meet\nits current obligations as they come due. Upon receipt of such\ncertification, or any revision thereof, the state comptroller shall pay\nsuch amount to the corporation for deposit in the appropriate funds, in\naccordance with such certification from the special account established\nfor the corporation in the municipal assistance tax fund, in accordance\nwith subdivision one of section ninety-two-d of the state finance law,\nincluding any amount transferred to the municipal assistance tax fund\nfrom the stock transfer tax fund pursuant to subdivision four of section\n92-b of the state finance law. Any such payment shall be made within\nthirty days of receipt of the certification or at the time specified in\nthe certification, whichever is later; provided that any such amounts\nshall have been first appropriated by the state for such purpose or\nshall have been otherwise made available. Any amount so paid to the\ncorporation shall be deducted from the amount otherwise payable to the\ncity from the municipal assistance tax fund established by section\nninety-two-d of the state finance law and shall not obligate the state\nto make, nor entitle the city to receive, any additional payments.\n  2. Notwithstanding subdivision one of this section, prior to any\ntransfers from the stock transfer tax fund to the municipal assistance\ntax fund, moneys, if any, payable to any other public benefit\ncorporation from such fund pursuant to the provision of any law, the\neffective date of which is prior to the effective date of this title,\nshall be paid in full to such other corporation.\n  3. The corporation shall create and establish a special fund (herein\nreferred to as capital reserve fund), and shall pay into such capital\nreserve fund (i) any moneys appropriated and made available by the state\nfor the purposes of such fund, (ii) any proceeds of sale of notes or\nbonds, to the extent provided in the resolution of the corporation\nauthorizing the issuance thereof, and (iii) any other moneys which may\nbe made available to the corporation for the purpose of such fund from\nany other source or sources. All moneys held in the capital reserve\nfund, except as hereinafter provided, shall be used solely for the\npayment of the principal of bonds secured by such capital reserve fund\nof the corporation, as the same mature or otherwise become due, the\npurchase of such bonds of the corporation, the payment of interest of\nsuch bonds of the corporation or the payment of any redemption premium\nrequired to be paid when such bonds are redeemed prior to maturity. If\nthe amount contained in the capital reserve fund exceeds the amount\nrequired to be contained in such fund pursuant to this subdivision three\nof this section plus any additional amounts required to be contained in\nsuch fund pursuant to the terms of issuance of any bonds or notes, such\nexcess moneys may be withdrawn from the capital reserve fund by the\ncorporation; provided, however, that moneys in such fund shall not be\nwithdrawn therefrom at any time in such amounts as would reduce the\namount of such fund to less than the amount of principal and interest\nmaturing or otherwise becoming due in the succeeding calendar year on\nall bonds of the corporation secured by such capital reserve fund then\noutstanding, except for the purpose of paying principal of and interest\non such bonds of the corporation maturing or otherwise due or becoming\ndue and for the payment of which other moneys of the corporation are not\navailable. Any income or interest earned by, or increment to, the\ncapital reserve fund due to the investment thereof may be transferred by\nthe corporation to any other fund of the corporation to the extent it\ndoes not reduce the amount of the capital reserve fund below the amount\nof principal and interest maturing or otherwise due or becoming due in\nthe succeeding calendar year on all bonds of the corporation secured by\nsuch capital reserve fund then outstanding.\n  4. In order further to assure the maintenance of the capital reserve\nfund, there shall be annually appropriated and paid to the corporation\nfor deposit in the capital reserve fund such sum, if any, as shall be\ncertified by the chairman to the governor and director of the budget as\nnecessary to restore the capital reserve fund to an amount equal to the\ncapital reserve fund requirement. The chairman of the board of directors\nof the corporation shall, annually, on or before December first, make\nand deliver to the governor and director of the budget his certificate\nstating the sum, if any, required to restore the capital reserve fund to\nthe amount aforesaid; and the sum or sums so certified, if any, shall be\nappropriated and paid to the corporation during the then current state\nfiscal year.\n  5. The corporation shall not issue bonds at any time if the amount of\nprincipal and interest maturing or otherwise due or becoming due in the\nsucceeding calendar year on such bonds then to be issued and on all\nother bonds of the corporation secured by such capital reserve fund then\noutstanding will exceed the amount of the capital reserve fund\nrequirement with respect to such capital reserve fund at the time of\nissuance, unless the corporation, at the time of such issuance, shall\ndeposit in the capital reserve fund from the proceeds of the bonds so to\nbe issued, or otherwise, an amount which, together with the amount then\nin such fund, will be not less than the amount of principal and interest\nmaturing or otherwise due or becoming due in the succeeding calendar\nyear on such bonds then to be issued and on all other bonds of the\ncorporation secured by such capital reserve fund then outstanding (such\namount is herein sometimes referred to as the capital reserve fund\nrequirement). Notwithstanding the foregoing provisions of this\nsubdivision for each of the calendar years set forth below the capital\nreserve fund requirement, as of any date of calculation, shall equal the\npercentage set forth opposite such calendar year of the amount of\nprincipal and interest maturing or otherwise due or becoming due during\nsuch calendar year on all bonds of the corporation secured by such\ncapital reserve fund outstanding on such date:\n   Calendar Year        Percentage\n _____________        __________\n     1975                 0%\n     1976                 0%\n     1977                25%\n     1978                50%\n     1979                75%\n     1980               100%\n  6. In computing the amount of the capital reserve fund for the\npurposes of this section securities in which all or a portion of such\nfund shall be invested shall be valued at par or if purchased at other\nthan par, at amortized value.\n  7. The corporation shall create a debt service fund and an operating\nfund and may create and establish such other fund or funds as may be\nnecessary or desirable for its corporate purposes.\n  8. The fiscal year of the corporation shall be the same as the fiscal\nyear of the city.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. ELN Law § 5-310 — New York Code / Act ELN / Article 5 / Title 3 / Section 5-310
Enrollment; forms of affidavits, mailing requirements
Status: in_force

§ 5-310. Enrollment; forms of affidavits, mailing requirements.  1.\nThe board shall prepare forms for the various applications and\naffidavits required under this title and, upon application, shall\nfurnish a copy of the appropriate form to or for any voter desiring to\nuse the same, and an additional copy if required. Copies also may be\nsold by the board, at cost, to any qualified voter.\n  2. Except when a voter is expressly required to file a paper in\nperson, such paper may be filed either in person, by agent or sent by\nmail.  Mailing within the state and within the times prescribed for\nfiling shall be sufficient if the affidavit be received by the board.\nThe postmark shall be sufficient proof of the date of mailing. If mailed\noutside of the state or if the postmark is omitted or illegible the\naffidavit must be received by the board within the times so prescribed\nfor filing.\n
N.Y. RPT Law § 934 — New York Code / Act RPT / Article 9 / Title 3 / Section 934
Apportionment of taxes by county court
Status: in_force

§ 934. Apportionment of taxes by county court. 1. When the real\nproperty of one person has been erroneously assessed with the real\nproperty of another, any person aggrieved thereby may apply to the\ncounty court by petition duly verified, to have the taxes thereon\napportioned. The application shall be made on eight days' notice to the\nassessors of the city or town in which the real property is situated,\nand to the party whose real property is included in such assessment.\n  2. The county court shall take such evidence as may be necessary to\ndetermine the facts, and shall determine and specify the amount of the\ntax properly chargeable to the petitioner's property and to the property\nof the other party.  The collecting officer of such city or town, upon\nreceiving a copy of the order of the county court, shall change the tax\nroll to conform to such order, and shall receive the taxes accordingly.\n
N.Y. PBH Law § 543 — New York Code / Act PBH / Article 5 / Title 3 / Section 543
City laboratories; board of managers; power to enter into agreements with hospitals
Status: in_force

§ 543. City laboratories; board of managers; power to enter into\nagreements with hospitals. The board of managers of a city laboratory\nshall have the power to enter into an agreement annually with the\ngoverning board of any charitable corporation or municipality operating\nand maintaining a hospital to provide that the hospital collect fees for\nlaboratory services for the patients in such hospital in the same manner\nthat hospital charges are collected, and forward them to the laboratory,\nand to provide that the cost of collecting such fees be paid by the city\nto the hospital in an amount mutually acceptable and in lieu of actual\nand necessary expenses. No agreement shall become effective unless and\nuntil approved by the commissioner and by resolution of the common\ncouncil or other body exercising similar powers.\n
N.Y. RPT Law § 491-B*2 — New York Code / Act RPT / Article 4 / Title 3 / Section 491-B*2
Conservation easement agreement exemption; certain towns
Status: in_force

* § 491-b. Conservation easement agreement exemption; certain towns.\n1.  Applicability. (a) In a town having a population of not less than\nthree thousand two hundred fifty and not more than three thousand four\nhundred fifty, that is located in a county having a population of not\nless than one hundred thousand and not more than one hundred five\nthousand, based upon and recorded by the two thousand ten federal\ncensus, is hereby authorized to adopt a local law to provide that, real\nproperty whose interests or rights have been acquired for the purpose of\nthe preservation of an open space or an open area, as authorized in\nsection two hundred forty-seven of the general municipal law, may be\npartially exempt from local real property taxation, provided that the\nowner or owners of such real property enter into a conservation easement\nagreement with the municipality in accordance with the procedures\nspecified in subdivision three of this section. A county having a\npopulation of not less than one hundred thousand and not more than one\nhundred five thousand based upon and recorded in the two thousand ten\nfederal census may, by local law, and any fire district, water district,\nor school district, all or part of which is located in a town having a\npopulation of not less than three thousand two hundred fifty and not\nmore than three thousand four hundred fifty that is located in a county\nhaving a population of not less than one hundred thousand and not more\nthan one hundred five thousand based upon and recorded by the two\nthousand ten federal census, may, by resolution, exempt such property\nfrom its taxation in the same manner and to the same extent as such town\nhas done.\n  (b) A town having a population of not less than three thousand two\nhundred fifty and not more than three thousand four hundred fifty, that\nis located in a county having a population of not less than one hundred\nthousand and not more than one hundred five thousand, based upon and\nrecorded by the two thousand ten federal census, may, by a vote of the\ntown board, opt out of this exemption at any time.\n  2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings:\n  (a) "open space" or "open area" means any space or area characterized\nby natural scenic beauty or whose existing openness, natural condition\nor present state of use, if retained, would enhance the present or\npotential value of abutting or surrounding urban development or would\nmaintain or enhance the conservation of natural or scenic resources. For\nthe purposes of this definition, "natural or scenic resources" shall\ninclude, but not be limited to, agricultural lands defined as open lands\nactually used in bona fide agricultural production.\n  (b) "conservation board" means a conservation advisory council or any\nother board appointed by the town board for the purpose of advising on\nthe acquisition of conservation easements.\n  3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than three thousand two hundred\nfifty and not more than three thousand four hundred fifty that is\nlocated in a county having a population of not less than one hundred\nthousand and not more than one hundred five thousand, based upon and\nrecorded by the two thousand ten federal census, for the granting of\ninterest or rights in real property for the preservation of open space\nor areas. Such proposal shall be submitted in such a manner and form as\nmay be prescribed by the conservation board of such town.\n  (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n  (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n  (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than three thousand two\nhundred fifty and not more than three thousand four hundred fifty that\nis located in a county having a population of not less than one hundred\nthousand and not more than one hundred five thousand, based upon and\nrecorded by the two thousand ten federal census, and after such public\nhearing, may adopt the proposal or any modification thereof it deems\nappropriate or may reject it in its entirety.\n  (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n  (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n  4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n  (b) The following table shall illustrate the computation of the\nexemption:\n  Commitment Percentage of Exemption\n  15 to 29 years 50%\n  30 to 49 years 75%\n  50 to 75 years 85%\n  Perpetual 90%\n  Such exemption shall be granted only upon application by the owner or\nowners of such real property on a form prescribed by the commissioner.\nSuch application shall be filed with the assessor of the town on or\nbefore the taxable status date of such town.\n  (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n  5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n  (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, fire districts, water\ndistricts, school districts and all special improvement districts and\nother taxing units to which the property is subject. Repayment of the\naforementioned abated taxes shall be up to five times the taxes saved in\nthe last year in which the land benefited from a conservation easement\nagreement exemption, plus interest of six percent per year compounded\nannually for each year in which an exemption was granted, not exceeding\nfive years.\n  (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n  * NB There are 2 § 491-b's\n
N.Y. PBA Law § 1386 — New York Code / Act PBA / Article 6 / Title 3 / Section 1386
Fiscal year
Status: in_force

§ 1386. Fiscal year. The fiscal year of the authority shall be\ndetermined by resolution of the authority.\n
N.Y. ENV Law § 33-0303 — New York Code / Act ENV / Article 33 / Title 3 / Section 33-0303
Powers and duties of the commissioner and the department
Status: in_force

§ 33-0303. Powers and duties of the commissioner and the department.\n  1. Jurisdiction in all matters pertaining to the distribution, sale,\nuse and transportation of pesticides, is by this article vested\nexclusively in the commissioner.\n  2. All authority vested in the commissioner by this article may be\nexecuted with like force and effect by employees of the department\ndesignated by the commissioner; however, all hearings held under this\narticle except those held under the provisions of title 9 shall be\nconducted by the commissioner or by a person designated by him for that\npurpose, and any decision rendered after any such hearing shall be made\nby the commissioner.\n  3. The commissioner is authorized, after a hearing:\n  a. To declare as a pest any form of plant or animal life or virus\nwhich is injurious to plants, men, domestic animals, articles, or\nsubstances;\n  b. To determine whether pesticides are highly toxic to man, and to\npromulgate a list of such pesticides;\n  c. To determine standards of coloring or discoloring for pesticides,\nand to subject pesticides to the requirements of paragraph d of\nsubdivision 1 of section 33-l301;\n  d. To promulgate a list of restricted use pesticides and the usages of\nsuch pesticides that may be permitted subject to whatever conditions or\nlimitations which the commissioner deems appropriate to fully protect\nthe public interest; provided, however, that no hearing shall be\nrequired on individual additions to such list unless requested sixty\ndays after notice has been provided in the environmental notice bulletin\nas prescribed in section 3-0306 of such law, as added by chapter seven\nhundred fourteen of the laws of nineteen hundred seventy-five, by the\napplicant or an interested party; and\n  e. To adopt, promulgate and issue such rules and regulations as he may\ndeem necessary to carry out and give full force and effect to the\nprovisions of this article. However, rules and regulations regarding\nbusiness registration and certification may be adopted only after a\npublic hearing. Such rules and regulations may prescribe methods to be\nused in the application of pesticides, including the time, place, manner\nand method of application and equipment used, and may restrict or\nprohibit use of materials in designated areas during specified periods\nof time, and shall encompass all reasonable factors which he deems\nnecessary to prevent damage or injury to health, property and wildlife.\nRules and regulations shall be filed and open for public inspection at\nthe principal office of the department and shall be filed with the\nSecretary of State. The commissioner shall promulgate a regulation\nauthorizing the use of alternative containers for pesticides by\npesticide users.\n  4. In order to avoid confusion endangering the public health, or the\nlife or health of any other non-target organisms, resulting from diverse\nrequirements, particularly as to labeling and coloring of pesticides,\nand to avoid increased costs to the people of this state due to the\nnecessity of complying with diverse requirements in the manufacture and\nsale of pesticides, it is desirable that there should be uniformity\nbetween the requirements of the several states and the federal\ngovernment relating to pesticides. To this end the commissioner is\nauthorized, after due public hearing, to adopt by regulation such\nregulations, applicable to and in conformity with the primary standards\nestablished by this article, as have been or may be prescribed with\nrespect to pesticides by departments or agencies of the United States\ngovernment.\n  5. The commissioner may require the submission of the complete formula\nof any pesticide whenever he deems it necessary in the administration of\nthis article. The commissioner, of his own motion or upon complaint, may\ncause an examination to be made to determine whether any pesticide\ncomplies with the requirements of this article.  If it shall appear from\nsuch examination that a pesticide fails to comply with the provisions of\nthis article, the commissioner shall cause notice to be given to the\noffending person in the manner provided in section 71-2903, and the\nproceedings shall be as provided in such article provided that\npesticides may be seized and confiscated as provided in title 15 of this\narticle 33.\n  6. The commissioner may cooperate with any other agency of the state\nor its subdivisions or with any agency of any other state or of the\nfederal government for the purpose of carrying out the provisions of\nthis article and of securing uniformity of regulations.\n  7. The commissioner, in consultation with the commissioner of\neducation and the commissioner of health, shall develop guidance on\npesticide alternatives to facilitate compliance with section four\nhundred nine-k of the education law and three hundred ninety-g of the\nsocial services law.\n
N.Y. ENV Law § 13-0371 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0371
Atlantic States Marine Fisheries Compact
Status: in_force

§ 13-0371.  Atlantic States Marine Fisheries Compact.\n  1. The Atlantic States Marine Fisheries Compact as first enacted by\nchapter 500 of the laws of 1941, and as reenacted by chapter 474 of the\nlaws of 1961, is hereby continued. The compact is as follows:\n                ATLANTIC STATES MARINE FISHERIES COMPACT\n  The contracting states solemnly agree:\n                                Article I\n  The purpose of this compact is to promote the better utilization of\nthe fisheries, marine, shell and anadromous, of the Atlantic seaboard by\nthe development of a joint program for the promotion and protection of\nsuch fisheries by the prevention of the physical waste of the fisheries\nfrom any cause. It is not the purpose of this compact to authorize the\nstates joining herein to limit the production of fish or fish products\nfor the purpose of establishing or fixing the price thereof, or creating\nand perpetuating monopoly.\n                               Article II\n  This agreement shall become operative immediately as to those states\nexecuting it whenever any two or more of the states of Maine, New\nHampshire, Massachusetts, Rhode Island, Connecticut, New York, New\nJersey, Delaware, Maryland, Virginia, North Carolina, South Carolina,\nGeorgia and Florida have executed it in the form that is in accordance\nwith the laws of the executing state and the Congress has given its\nconsent. Any state contiguous with any of the aforementioned states and\nriparian upon waters frequented by anadromous fish, flowing into waters\nunder the jurisdiction of any of the aforementioned states, may become a\nparty hereto as hereinafter provided.\n                               Article III\n  Each state joining herein shall appoint three representatives to a\ncommission hereby constituted and designated as the Atlantic states\nmarine fisheries commission. One shall be the executive officer of the\nadministrative agency of such state charged with the conservation of the\nfisheries resources to which this compact pertains or, if there be more\nthan one officer or agency, the official of that state named by the\ngovernor thereof. The second shall be a member of the legislature of\nsuch state designated by the commission or committee on interstate\ncooperation of such state, or if there be none, or if said commission on\ninterstate cooperation cannot constitutionally designate the said\nmember, such legislator shall be designated by the governor thereof;\nprovided that if it is constitutionally impossible to appoint a\nlegislator as a commissioner from such state, the second member shall be\nappointed by the governor of said state in his discretion. The third\nshall be a citizen who shall have a knowledge of and interest in the\nmarine fisheries problem to be appointed by the governor. This\ncommission shall be a body corporate with the powers and duties set\nforth herein.\n                               Article IV\n  The duty of the said commission shall be to make inquiry and ascertain\nfrom time to time such methods, practices, circumstances and conditions\nas may be disclosed for bringing about the conservation and the\nprevention of the depletion and physical waste of the fisheries, marine,\nshell and anadromous, of the Atlantic seaboard. The commission shall\nhave power to recommend the coordination of the exercise of the police\npowers of the several states within their respective jurisdictions to\npromote the preservation of those fisheries and their protection against\noverfishing, waste, depletion or any abuse whatsoever and to assure a\ncontinuing yield from the fisheries resources of the aforementioned\nstates.\n  To that end the commission shall draft and, after consultation with\nthe advisory committee hereinafter authorized, recommend to the\ngovernors and legislatures of the various signatory states, legislation\ndealing with the conservation of the marine, shell and anadromous\nfisheries of the Atlantic seaboard. The commission shall, more than one\nmonth prior to any regular meeting of the legislature in any signatory\nstate, present to the governor of the state its recommendations relating\nto enactments to be made by the legislature of that state in furthering\nthe intents and purposes of this compact.\n  The commission shall consult with and advise the pertinent\nadministrative agencies in the states party hereto with regard to\nproblems connected with the fisheries and recommend the adoption of such\nregulations as it deems advisable. The commission shall have power to\nrecommend to the states party hereto the stocking of the waters of such\nstates with fish and fish eggs or joint stocking by some or all of the\nstates party hereto and when two or more of the states shall jointly\nstock waters the commission shall act as the coordinating agency for\nsuch stocking.\n                                Article V\n  The commission shall elect from its number a chairman and a vice\nchairman and shall appoint and at its pleasure remove or discharge such\nofficers and employees as may be required to carry the provisions of\nthis compact into effect and shall fix and determine their duties,\nqualifications and compensation. Said commission shall adopt rules and\nregulations for the conduct of its business. It may establish and\nmaintain one or more offices for the transaction of its business and may\nmeet at any time or place but must meet at least once a year.\n                               Article VI\n  No action shall be taken by the commission in regard to its general\naffairs except by the affirmative vote of a majority of the whole number\nof compacting states present at any meeting. No recommendation shall be\nmade by the commission in regard to any species of fish except by the\naffirmative vote of a majority of the compacting states which have an\ninterest in such species. The commission shall define what shall be an\ninterest.\n                               Article VII\n  The fish and wildlife service of the department of the interior of the\ngovernment of the United States shall act as the primary research agency\nof the Atlantic states marine fisheries commission cooperating with the\nresearch agencies in each state for that purpose. Representatives of the\nsaid fish and wildlife service shall attend the meetings of the\ncommission.\n  An advisory committee to be representative of the commercial fishermen\nand the salt water anglers and such other interests of each state as the\ncommission deems advisable shall be established by the commission as\nsoon as practicable for the purpose of advising the commission upon such\nrecommendations as it may desire to make.\n                              Article VIII\n  When any state other than those named specifically in article two of\nthis compact shall become a party thereto for the purpose of conserving\nits anadromous fish in accordance with the provisions of article two the\nparticipation of such state in the action of the commission shall be\nlimited to such species of anadromous fish.\n                               Article IX\n  Nothing in this compact shall be construed to limit the powers of any\nsignatory state or to repeal or prevent the enactment of any legislation\nor the enforcement of any requirement by any signatory state imposing\nadditional conditions and restrictions to conserve its fisheries.\n                                Article X\n  Continued absence of representation or of any representative on the\ncommission from any state party hereto shall be brought to the attention\nof the governor thereof.\n                               Article XI\n  The states party hereto agree to make annual appropriation to the\nsupport of the commission in proportion to the primary market value of\nthe products of their fisheries, exclusive of cod and haddock, as\nrecorded in the most recent published reports of the fish and wildlife\nservice of the United States department of the interior, provided no\nstate shall contribute less than two hundred dollars per annum and the\nannual contribution of each state above the minimum shall be figured to\nthe nearest one hundred dollars.\n  The compacting states agree to appropriate initially the annual\namounts scheduled below, which amounts are calculated in the manner set\nforth herein, on the basis of the catch record of nineteen hundred\nthirty-eight. Subsequent budgets shall be recommended by majority of the\ncommission and the cost thereof allocated equitably among the states in\naccordance with their respective interests and submitted to the\ncompacting states.\n  Schedule of initial annual state contributions:\n  Maine ......................................................... $700\n  New Hampshire .................................................. 200\n  Massachusetts ................................................ 2,300\n  Rhode Island ................................................... 300\n  Connecticut .................................................... 400\n  New York ..................................................... 1,300\n  New Jersey ..................................................... 800\n  Delaware ....................................................... 200\n  Maryland ....................................................... 700\n  Virginia ..................................................... 1,300\n  North Carolina ................................................. 600\n  South Carolina ................................................. 200\n  Georgia ........................................................ 200\n  Florida ...................................................... 1,500\n                               Article XII\n  This compact shall continue in force and remain binding upon each\ncompacting state until renounced by it. Renunciation of this compact\nmust be preceded by sending six months' notice in writing of intention\nto withdraw from the compact to the other states party hereto.\n  The states consenting to this amendment agree that any two or more of\nthem may designate the commission as a joint regulatory agency with such\npowers as they may jointly confer from time to time for the regulation\nof the fishing operations of the citizens and vessels of such\ndesignating states with respect to specific fisheries in which such\nstates have a common interest. The representatives of such states on the\ncommission shall constitute a separate section commission for the\nexercise of the additional powers so granted provided that the states so\nacting shall appropriate additional funds for this purpose. The creation\nof such section as a joint regulatory agency shall not deprive the\nstates participating therein of any of their privileges or powers or\nresponsibilities in the commission under the general compact.\n  2. "The executive officer" referred to in article three of the compact\nshall, in the case of New York, be the Commissioner of Environmental\nConservation or an officer of the department designated by him. The two\nother representatives shall be chosen from the classes of persons\nprescribed in article three of the compact, and in the manner required\nthereby.\n  3. The Atlantic States Marine Fisheries Commission shall submit\nannually, in accordance with the laws and practice of this state, to the\nCommissioner of Environmental Conservation for study and consideration\nby such commissioner, an estimate of moneys required to administer,\nmanage and support the commission during the ensuing fiscal year. Such\nestimate shall include any request for appropriation of funds by New\nYork and shall be accompanied by a tabulation of similar requests which\nthe commission expects to make to each other member state and the\nformula or factors upon which such respective requests are based.\n  4. The Commissioner of Environmental Conservation shall include a\nsuitable item or items of estimated expenditures in the budget estimates\nof his department, and shall give due effect to the provisions of\narticle eleven of the Atlantic States Marine Fisheries Compact.\n  5. The State Comptroller is hereby authorized and empowered from time\nto time to examine the accounts and books of the commission, including\nits receipts, disbursements and such other items referring to its\nfinancial standing as such comptroller may deem proper and to report the\nresults of such examination to the Governor.\n  6. No provision of the Conservation Law and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Atlantic States Marine\nFisheries Compact shall be applicable to the Atlantic States Marine\nFisheries Commission or to any matter governed by the Atlantic States\nMarine Fisheries Compact.\n  7. On August 15, 1964 and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe Atlantic States Marine Fisheries Commission with respect to the\ninterstate fisheries of concern to New York and shall report to the\ncommission thereon. The commissioner shall transmit a copy of such\nreport to the Governor. The commissioner may make such additional\nreports to the Atlantic States Marine Fisheries Commission and the\nGovernor as he deems appropriate.\n
N.Y. ENV Law § 13-0340-B — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-B
Fluke - summer flounder (Paralichthys dentatus)
Status: in_force

§ 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).\n  The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of fluke or\nsummer flounder (Paralichthys dentatus), including size limits, catch\nand possession limits, open and closed seasons, closed areas,\nrestrictions on the manner of taking and landing, requirements for\npermits and eligibility therefor, recordkeeping requirements,\nrequirements on the amount and type of fishing effort and gear, and\nrequirements relating to transportation, possession and sale, provided\nthat such regulations are no less restrictive than requirements set\nforth in this chapter and provided further that such regulations are\nconsistent with the compliance requirements of applicable fishery\nmanagement plans adopted by the Atlantic States Marine Fisheries\nCommission and with applicable provisions of fishery management plans\nadopted pursuant to the Federal Fishery Conservation and Management Act\n(16 U.S.C. § 1800 et seq.).\n
N.Y. PBH Law § 281 — New York Code / Act PBH / Article 2-A / Title 3 / Section 281
Official New York state prescription forms
Status: in_force

§ 281. Official New York state prescription forms. 1. In addition to\nthe requirements of section sixty-eight hundred ten of the education law\nor article thirty-three of this chapter, all prescriptions written in\nthis state by a person authorized by this state to issue such\nprescriptions shall be on serialized official New York state\nprescription forms provided by the department. Such forms shall be\nfurnished to practitioners authorized to write prescriptions and to\ninstitutional dispensers, and shall be non-reproducible and\nnon-transferable. The commissioner, in consultation with the\ncommissioner of education, may promulgate emergency regulations for the\nelectronic transmission of prescriptions from prescribers to pharmacists\nor for ordering and filling requirements of prescription drugs for\nprescriptions written for recipients eligible for medical assistance\npursuant to title eleven of article five of the social services law, for\nparticipants in the program for elderly pharmaceutical insurance\ncoverage pursuant to title three of article two of the elder law and for\nprescriptions written pursuant to article thirty-three of this chapter.\nNothing in this section shall prohibit the commissioner in consultation\nwith the commissioner of education from promulgating any additional\nemergency regulations in furtherance of this subdivision.\n  2. The commissioner, in consultation with the commissioner of\neducation, shall promulgate regulations requiring that prescription\nforms and electronic prescriptions include: (a) a section wherein\nprescribers may indicate whether an individual is limited English\nproficient, as defined in section sixty-eight hundred twenty-nine of the\neducation law; and (b) if the patient is limited English proficient, a\nline where the prescriber may specify the preferred language indicated\nby the patient. Failure to include such indication on the part of the\nprescriber shall not invalidate the prescription.\n  3. On or before December thirty-first, two thousand twelve, the\ncommissioner shall promulgate regulations, in consultation with the\ncommissioner of education, establishing standards for electronic\nprescriptions. Notwithstanding any other provision of this section or\nany other law to the contrary, effective three years subsequent to the\ndate on which such regulations are promulgated, no person shall issue\nany prescription in this state unless such prescription is made by\nelectronic prescription from the person issuing the prescription to a\npharmacy in accordance with such regulatory standards, except for\nprescriptions: (a) issued by veterinarians; (b) issued in circumstances\nwhere electronic prescribing is not available due to temporary\ntechnological or electrical failure, as set forth in regulation; (c)\nissued by practitioners who have received a waiver or a renewal thereof\nfor a specified period determined by the commissioner, not to exceed one\nyear, from the requirement to use electronic prescribing, pursuant to a\nprocess established in regulation by the commissioner, in consultation\nwith the commissioner of education, due to economic hardship,\ntechnological limitations that are not reasonably within the control of\nthe practitioner, or other exceptional circumstance demonstrated by the\npractitioner; (d) issued by a practitioner under circumstances where,\nnotwithstanding the practitioner's present ability to make an electronic\nprescription as required by this subdivision, such practitioner\nreasonably determines that it would be impractical for the patient to\nobtain substances prescribed by electronic prescription in a timely\nmanner, and such delay would adversely impact the patient's medical\ncondition, provided that if such prescription is for a controlled\nsubstance, the quantity of controlled substances does not exceed a five\nday supply if the controlled substance were used in accordance with the\ndirections for use; or (e) issued by a practitioner to be dispensed by a\npharmacy located outside the state, as set forth in regulation.\n  3-a. A pharmacy that receives an electronic prescription from the\nperson issuing the prescription may, if the prescription has not been\ndispensed and at the request of the patient or a person authorized to\nmake the request on behalf of the patient, immediately transfer or\nforward such prescription to an alternative pharmacy designated by the\nrequesting party.\n  4. In the case of a prescription for a controlled substance issued by\na practitioner under paragraph (b) of subdivision three of this section,\nthe practitioner shall indicate in the patient's health record that the\nprescription was issued other than electronically due to temporary\ntechnological or electrical failure.\n  5. In the case of a prescription for a controlled substance issued by\na practitioner under paragraph (d) or (e) of subdivision three of this\nsection, the practitioner shall, upon issuing such prescription,\nindicate in the patient's health record either that the prescription was\nissued other than electronically because it (a) was impractical to issue\nan electronic prescription in a timely manner and such delay would have\nadversely impacted the patient's medical condition, or (b) was to be\ndispensed by a pharmacy located outside the state.\n  6. The waiver process established in regulation pursuant to paragraph\n(c) of subdivision three of this section shall provide that a\npractitioner prescribing under a waiver must notify the department in\nwriting promptly upon gaining the capability to use electronic\nprescribing, and that a waiver shall terminate within a specified period\nof time after the practitioner gains such capability.\n  * 7. Notwithstanding any other provision of this section or any other\nlaw to the contrary, a practitioner shall not be required to issue\nprescriptions electronically if he or she certifies to the department,\nin a manner specified by the department, that he or she will not issue\nmore than twenty-five prescriptions during a twelve month period.\nPrescriptions in both oral and written form for both controlled\nsubstances and non-controlled substances shall be included in\ndetermining whether the practitioner will reach the limit of twenty-five\nprescriptions.\n  (a) A certification shall be submitted in advance of the twelve-month\ncertification period, except that a twelve-month certification submitted\non or before July first, two thousand sixteen, may begin March\ntwenty-seven, two thousand sixteen.\n  (b) A practitioner who has made a certification under this subdivision\nmay submit an additional certification on or before the expiration of\nthe current twelve-month certification period, for a maximum of three\ntwelve-month certifications.\n  (c) A practitioner may make a certification under this subdivision\nregardless of whether he or she has previously received a waiver under\nparagraph (c) of subdivision three of this section.\n  * NB Repealed June 1, 2029\n
N.Y. VAT Law § 393-A — New York Code / Act VAT / Title 3 / Article 12 / Section 393-A
Inspection of commercial motor vehicles exceeding ten thousand pounds manufacturers' gross vehicle weight rating
Status: in_force

§ 393-a. Inspection of commercial motor vehicles exceeding ten\nthousand pounds manufacturers' gross vehicle weight rating. Any police\nofficer having lawfully stopped a commercial motor vehicle with a\nmanufacturers' gross vehicle weight rating in excess of ten thousand\npounds for the purpose of conducting a motor carrier safety inspection\nmay, when necessary to insure the safety of the officer, the vehicle\noccupants and the motoring public, require that the vehicle be driven to\nthe nearest safe inspection site designated by such officer. Such\nlocation designated by the police officer shall not exceed a distance of\nfive miles from the place where the vehicle was stopped.\n
N.Y. PBA Law § 3041 — New York Code / Act PBA / Article 10 / Title 3 / Section 3041
Funds of the corporation
Status: in_force

* § 3041. Funds of the corporation. The municipal assistance\ncorporation for the city of New York shall not hereafter enter into any\nmemorandum of agreement with the governor of the state of New York and\nthe mayor of the city of New York, other than the agreement to be\nentered into pursuant to subdivision two-b of section three thousand\nthirty-three of this title, providing for the disposition of such\nrevenues of such corporation as may be available from time to time after\nproviding for the payment of principal, interest, and redemption premium\non its outstanding bonds and notes, its operating expenses and its\ncommitments under existing agreements, and, subject to any other\nprovision of law, agreements with holders of its bonds or notes, or\nmemoranda of agreement, and on the approval of the board, all funds\ngenerated by future actions of the corporation shall either be made\navailable to the city of New York as such funds become available or\napplied by the corporation to pay principal, interest and redemption\npremium on its outstanding obligations.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. GOB Law § 5-301 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-301
Certain employment contracts void
Status: in_force

§ 5-301. Certain employment contracts void. Every undertaking or\npromise, whether written or oral, express or implied, constituting or\ncontained, in any contract or agreement of hiring or employment between\nany individual, firm, company, association or corporation and any\nemployee or prospective employee of the same, whereby (a) any employee\nor prospective employee undertakes or promises to join, become or remain\na member of a company union; or (b) either party to such contract or\nagreement undertakes or promises not to join, become, or remain a member\nof any labor organization or any organization of employers; or (c)\neither party to such contract or agreement undertakes or promises that\nhe will withdraw from the employment relation in the event that he\njoins, becomes or remains a member of any labor organization or of any\norganization of employers, is hereby declared to be contrary to public\npolicy and wholly void and shall not afford any basis for the granting\nof legal or equitable relief by any court against a party to such\nundertaking or promise, or against any other persons who may advise,\nurge or induce, without fraud, violence, or threat thereof, either party\nthereto to act in disregard of such undertaking or promise.\n
N.Y. VAT Law § 375-A — New York Code / Act VAT / Title 3 / Article 9 / Section 375-A
Prohibition against retaliatory action
Status: in_force

§ 375-a. Prohibition against retaliatory action. 1. Definitions. For\npurposes of this section:\n  (a) "Employee" means an individual who is a driver or operator of a\nmotor vehicle which has a registered maximum gross weight of eighteen\nthousand pounds or more and performs services for and under the control\nand direction of an employer for wages or other remuneration.\n  (b) "Employer" means any registered owner of a motor vehicle which has\na registered maximum gross weight of eighteen thousand pounds or more or\nany person, firm, partnership, institution, corporation, or association\nthat employs one or more employees as herein defined.\n  (c) "Retaliatory personnel action" means the discharge, suspension or\ndemotion of an employee, or other adverse employment action taken\nagainst an employee in the terms and conditions of employment.\n  2. Prohibition. An employer shall not take any retaliatory personnel\naction against an employee because the employee objected to or refused\nto operate a motor vehicle which the employee reasonably believes fails\nto comply with the provisions of subdivision one, insofar as such\nsubdivision concerns brakes and steering mechanism, paragraph (a) of\nsubdivision two, paragraph a of subdivision ten, subdivision eighteen,\neighteen-a, twenty-five, paragraph (c) of subdivision thirty-five,\nthirty-nine, forty or forty-two of section three hundred seventy-five,\nor section three hundred seventy-six or section three hundred eighty-a\nof this chapter relating to required equipment of such vehicle or its\nproper repair.\n  3. Application. The protection against any retaliatory personnel\naction found in subdivision two of this section shall apply only to an\nemployee who has brought the above mentioned violations of sections\nthree hundred seventy-five, three hundred seventy-six and/or three\nhundred eighty-a to the attention of his employer in writing and has\nafforded such employer a reasonable opportunity to correct such\nviolation.\n  4. Violation; remedy. An employee who has been subjected to a\nretaliatory personnel action in violation of this section may institute\na civil action in a court of competent jurisdiction for relief as set\nforth in subdivision five of section seven hundred forty of the labor\nlaw within one year after the alleged retaliatory personnel action was\ntaken. The commissioner or his agent may deny a registration application\nof any other person for the same vehicle where he has reasonable grounds\nto believe that such registration will have the effect of defeating the\npurpose of this subdivision.\n  5. Existing rights. Nothing in this section shall be deemed to\ndiminish the rights, privileges, or remedies of any employee under any\ncollective bargaining agreement or employment contract.\n
N.Y. TWN Law § 52 — New York Code / Act TWN / Article 3-A / Title 3 / Section 52
Supervisor
Status: in_force

§ 52. Supervisor. The supervisor shall be the chief executive officer\nof a suburban town and head of the administrative branch of town\ngovernment. He shall be responsible for the proper administration of\ntown affairs, law enforcement and the maintenance of peace and order in\nthe town. Except as otherwise provided in this article or other\napplicable law, in addition to the functions, powers and duties of a\nsupervisor as provided by this chapter and other laws of the state, the\nsupervisor shall have the following functions, powers and duties:\n  1. Appoint, and at pleasure remove, a director of finance who shall\nassist the supervisor in the preparation of the preliminary budget and\nthe capital budget, if any, and in the administration of other fiscal\noperations of the town for which the supervisor is responsible.\n  2. On the basis of estimates submitted to him by departments, agencies\nand officers of the town, prepare annually the preliminary budget of the\ntown and submit it to the town board and be responsible for\nadministration of the annual budget after adoption by the town board,\nand be responsible for recommending modifications and transfers between\nappropriations in such budget during the fiscal year.\n  3. Where the town board has, by local law, established a capital\nbudget procedure, on the basis of estimates submitted to him by\ndepartments, agencies and officers of the town, prepare with the\nassistance of the planning board, if any, a proposed capital budget and,\nafter adoption of a capital budget by the town board, recommend for\naction by the board, from time to time when necessary, modifications and\ntransfers between appropriations in such capital budget.\n  4. Bring removal charges against the appointive head or deputy head of\nany department of town government for hearing and determination by the\ntown board.\n  5. Approve the transfer of personnel in and among agencies and\ndepartments of the town.\n  6. Provide for and direct the internal organization and reorganization\nwithin individual town departments or agencies where consistent with\napplicable law, provided, however, that in any event, permissible\ntransfers of functions between departments or agencies shall be subject\nto approval of the town board.\n  7. Keep the town board informed generally concerning town affairs and\nof the financial condition and future needs of the town and make such\nrecommendations as may seem to him desirable.\n  8. Have and perform the functions, powers and duties necessary for the\nexecution of those functions, powers and duties specifically granted in\nthis article or other applicable law consistent herewith.\n
N.Y. ENV Law § 49-0301 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0301
Declaration of policy and statement of purpose
Status: in_force

§ 49-0301. Declaration of policy and statement of purpose.\n  The legislature hereby finds and declares that in order to implement\nthe state policy of conserving, preserving and protecting its\nenvironmental assets and natural and man-made resources, the\npreservation of open spaces, the preservation, development and\nimprovement of agricultural and forest lands, the preservation of areas\nwhich are significant because of their scenic or natural beauty or\nwetland, shoreline, geological or ecological, including old-growth\nforest, character, and the preservation of areas which are significant\nbecause of their historical, archaeological, architectural or cultural\namenities, is fundamental to the maintenance, enhancement and\nimprovement of recreational opportunities, tourism, community\nattractiveness, balanced economic growth and the quality of life in all\nareas of the state.\n
N.Y. PBA Law § 3970 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3970
Actions against the authority
Status: in_force

§ 3970. Actions against the authority. 1. Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any director, officer,\nagent or employee thereof, unless: (a) it shall appear by and as an\nallegation in the complaint or moving papers that a notice of claim\nshall have been made and served upon the authority, within the time\nlimit prescribed by and in compliance with section fifty-e of the\ngeneral municipal law; (b) it shall appear by and as an allegation in\nthe complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused; and (c) the action or proceeding shall be\ncommenced within one year after the happening of the event upon which\nthe claim is based. An action against the authority for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a director, counsel or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust any\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on bonds, notes or other\nobligations, shall not exceed the maximum rate of interest on judgments\nand accrued claims against municipal authorities as provided in the\ngeneral municipal law. Interest on payments of principal or interest on\nany bonds, notes or other obligations in default shall accrue at the\nrate specified in the general municipal law until paid or otherwise\nsatisfied.\n  5. The venue of every action, suit or special proceeding brought\nagainst the authority shall be the supreme court in the county.\n  6. Neither any director of the authority nor any officer, employee, or\nagent of the authority, while acting within the scope of his or her\nauthority, shall be subject to any liability resulting from exercising\nor carrying out any of the powers given in this title.\n  7. (a) The state shall hold harmless and indemnify directors, officers\nand employees of the authority, all of whom shall be deemed officers and\nemployees of the state for purposes of section seventeen of the public\nofficers law, against any claim, demand, suit, or judgment arising by\nreason of any act or omission to act by such director, officer, or\nemployee occurring in the discharge of his or her duties and within the\nscope of his or her service on behalf of the authority including any\nclaim, demand, suit or judgment based on allegations that financial loss\nwas sustained by any person in connection with the acquisition,\ndisposition or holding of securities or other obligations. In the event\nof any such claim, demand, suit or judgment, a director, officer or\nemployee of the authority shall be held harmless and indemnified,\nnotwithstanding the limitations of subdivision one of section seventeen\nof the public officers law, unless such individual is found by a final\njudicial determination not to have acted, in good faith, for a purpose\nwhich he or she reasonably believed to be in the best interest of the\nauthority or not to have had reasonable cause to believe that his or her\nconduct was lawful.\n  (b) In connection with any such claim, demand, suit, or judgment, any\ndirector, officer or employee of the authority shall be entitled to\nrepresentation by private counsel of his or her choice in any civil\njudicial proceeding whenever the attorney general determines based upon\nhis or her investigation and review of the facts and circumstances of\nthe case that representation by the attorney general would be\ninappropriate. The attorney general shall notify the individual in\nwriting of such determination that the individual is entitled to be\nrepresented by private counsel. The attorney general may require, as a\ncondition to payment of the fees and expenses of such representative,\nthat appropriate groups of such individuals be represented by the same\ncounsel. If the individual or groups of individuals are entitled to\nrepresentation by private counsel under the provisions of this section,\nthe attorney general shall so certify to the state comptroller.\nReasonable attorneys' fees and litigation expenses shall be paid by the\nstate to such private counsel from time to time during the pendency of\nthe civil action or proceeding, subject to certification that the\nindividual is entitled to representation under the terms and conditions\nof this section by the authority, upon the audit and warrant of the\nstate comptroller. The provisions of this subdivision shall be in\naddition to and shall not supplant any indemnification or other benefits\nheretofore or hereafter conferred upon directors, officers, or employees\nof and representatives to the authority by section seventeen of the\npublic officers law, by action of the authority or otherwise. The\nprovisions of this subdivision shall inure only to directors, officers\nand employees of the authority, shall not enlarge or diminish the rights\nof any other party, and shall not impair, limit or modify the rights and\nobligations of any insurer under any policy of insurance.\n
N.Y. ENV Law § 23-0313 — New York Code / Act ENV / Article 23 / Title 3 / Section 23-0313
Public access to records
Status: in_force

§ 23-0313. Public access to records.\n  1. a. Any records or reports or portions thereof pertaining to the\nproduction, sale, purchase, acquisition, storage or injection of oil and\ngas and associated fluids and any records or reports or portions thereof\npertaining to the transportation of oil and gas, and any information\nobtained therefrom, shall be for the confidential use of the department\nand other departments, agencies and officers of the state for a period\nof six months following the period to which such records or reports\napply, unless the person furnishing the records or reports expressly\nagrees to their earlier publication or availability to the general\npublic, except as provided in subdivision five of section five hundred\nninety-five of the real property tax law.  Notwithstanding any law to\nthe contrary, such records shall not be excepted from disclosure to the\npublic after expiration of such six-month period. Nothing in this\nsubdivision shall be construed to prevent the use of such records,\nreports or information obtained therefrom by any department, agency or\nofficer of the state government in compiling or publishing analyses or\nsummaries relating to the general condition of the industry, the economy\nor the condition of the natural resources of this state, provided that\nsuch analyses or summaries do not involve the publication of records,\nreports or information relating to a single firm or business enterprise.\n  b. Notwithstanding any law to the contrary, records or portions\nthereof pertaining to metering or other measuring of brine produced by\nsolution mining and to each solution mining cavity or group of\ninterconnected solution mining cavities shall not be released by the\ndepartment for publication nor be available to the general public\nwithout consent of the producer.\n  c. Notwithstanding any law to the contrary, applications for permits,\nrecords or portions thereof which pertain to the total depth and\nplugging records of wells subject to the oil, gas and solution mining\nlaw shall not be excepted from disclosure to the public.\n  d. Well logs, well samples, directional surveys and reports on well\ndrilling and completion, for all wells subject to the oil, gas and\nsolution mining law, shall be for the confidential use of the department\nand other departments, agencies and offices of the state government\nuntil six months after the commencement of actual drilling operations.\n  (1) The department may extend the six-month period for an additional\nsix months for a well where drilling operations have been continuous\nthroughout that period. A written request for the extension by the\nperson furnishing the records will not be considered unless it is\nsubmitted to the department no more than thirty days before the\nexpiration of the first six-month period. The department shall act upon\nthe request within fifteen days after receipt of the written\nnotification.\n  (2) The records subject to this paragraph may be excepted from\ndisclosure after the applicable six-month period pursuant to the\nprovisions of subdivision two of section eighty-seven of the public\nofficers law provided, however, that such records cannot be excepted\nfrom disclosure for longer than two years after the commencement of the\napplicable six-month period. A written request for the exception by the\nperson furnishing the records will not be considered unless it is\nsubmitted to the department at least thirty days before the expiration\ndate of the applicable six-month period. The request for the exception\nfrom disclosure must be sent by certified mail, return receipt\nrequested, and addressed to the New York State Department of\nEnvironmental Conservation, Division of Mineral Resources, Records\nCustodian, Albany, New York. Any person may make a request to the\ndepartment for disclosure of records pursuant to this subparagraph in\naccordance with article six of the public officers law.\n  2. The records which the department has excepted from disclosure\npursuant to article six of the public officers law on or before the\neffective date of this section shall continue to be excepted from\ndisclosure for one year after the effective date of this section or two\nyears from the commencement of actual drilling operations, whichever is\nlater. The person furnishing the records may authorize the release of\nthese records at any time before the expiration of the applicable\nperiods. Any person may make a request to the department for disclosure\nof records pursuant to this subdivision in accordance with article six\nof the public officers law.\n
N.Y. RPT Law § 930 — New York Code / Act RPT / Article 9 / Title 3 / Section 930
Payment of taxes to county treasurer by certain utility corporations
Status: in_force

§ 930. Payment of taxes to county treasurer by certain utility\ncorporations. 1. Any railroad, telegraph, telephone, electric, gas,\nwater or pipe line corporation or person assessed for oil and gas rights\nmay within thirty days after receipt by the county treasurer of the\nnotice given pursuant to subdivision two of section nine hundred six of\nthis chapter pay any taxes on real property owned by it to such county\ntreasurer without interest within thirty days of the receipt by the\ncounty treasurer of the notice given pursuant to subdivision two of\nsection nine hundred six of this article or the last date for payment of\ntaxes without interest otherwise provided by subdivision one of section\nnine hundred twenty-four of this title, whichever is later. The county\ntreasurer shall credit the appropriate collecting officer with the\namounts of taxes so received and shall give notice to him of any such\ntaxes not received by him.\n  2. The collecting officer may receive such taxes at any time until the\nexpiration of his warrant, but shall not enforce payment thereof until\nreceipt of such notice from the county treasurer.\n
N.Y. SOS Law § 65 — New York Code / Act SOS / Article 3 / Title 3 / Section 65
County commissioners of public welfare
Status: in_force

§ 65. County commissioners of public welfare. 1. There shall be a\ncounty commissioner of public welfare in each county public welfare\ndistrict who shall administer the public assistance and care for which\nthe county public welfare district is responsible and shall have general\nsupervision and care of persons in need in the territory over which he\nhas jurisdiction.\n  2. The county commissioner shall be responsible for the administration\nof all the assistance and care for which the county is responsible.\n  3. The county commissioner shall act as the agent of the department in\nall matters relating to assistance and care administered or authorized\nby the town public welfare officers.\n  4. The county commissioner shall be appointed in accordance with the\nprovisions of section one hundred sixteen of this chapter or other\nprovisions of law relating to the appointment of such commissioner.\n  6. (a) A county commissioner is authorized and required to provide\nsafety net assistance for persons residing or found in a city or town of\nthe county when in his judgment they are eligible for and in immediate\nneed of such assistance and either: the city or town public welfare\nofficer, as the case may be, is absent from his city or town under\ncircumstances indicating his absence may extend beyond two days and such\nofficer has no deputy or assistant authorized to grant such assistance\nor his or her deputy or assistant is also absent from such city or town\nunder circumstances indicating his or her absence may also be for a\nperiod of more than two days; or, such county commissioner shall have\nappealed to the department, pursuant to section seventy-four-h, the\ndecision of the social services official of such city or town not to\ngrant the safety net assistance recommended by such commissioner after\nhis or her staff shall have investigated the application for assistance\npursuant to the provisions of section one hundred thirty-two. Such\ncounty commissioner may continue to grant safety net assistance in the\nformer case until the city or town public welfare officer or his or her\ndeputy or assistant returns to such city or town, and in the latter case\nuntil the department shall have decided the appeal of the county\ncommissioner.\n  (b) Expenditures of a county for safety net assistance pursuant to\nthis section may be made from county social services funds appropriated\nor otherwise made available therefor and shall be subject to\nreimbursement by the state in accordance with and to the extent\nauthorized by section one hundred fifty-three; and the local share of\nsuch expenditures shall become a charge on, and shall be reimbursed to\nthe county by the city or town which was otherwise responsible for\nfurnishing the safety net assistance for which the expenditure was made,\nprovided the county commissioner shall give appropriate written notice\nthereof to the appropriate city or town public welfare officer within\nthirty days of the date the expenditure was made by the county and\nprovided further that in the case of an appeal to the department that\nsuch appeal shall be decided in favor of the county.\n  7. (a) In the event of a vacancy in the office of county commissioner\nof social services the appointing authority may, subject to the\nprovisions of paragraph (b) of this subdivision, appoint as acting\ncommissioner of social services any employee of the county social\nservices agency. Such appointment shall be for no longer than one year.\n  (b) Prior to filling a vacancy in the office of county commissioner of\nsocial services the appointing authority shall certify to the state\ncommissioner of social services: (i) that there is an unavailability of\nqualified candidates; (ii) that the district is making continued efforts\nto recruit qualified candidates; (iii) that the appointment shall be\neffective only until a qualified person becomes available; and (iv) that\na waiver by the appointing authority of any specific qualification\nrequired by section one hundred sixteen of this chapter shall not be\neffective without the consent of the state commissioner of social\nservices.\n  (c) The acting commissioner may be paid compensation in addition to\nhis normal salary during the period of time that he serves as acting\ncommissioner.\n  (d) The acting commissioner shall have the same power as a\ncommissioner during the period of time that he serves as acting\ncommissioner.\n  (e) Service as an acting commissioner shall in no way affect the\npermanent civil service status, or any other employment rights of the\nappointee.\n  8. Notwithstanding any other law, rule, or regulation to the contrary,\neach county commissioner of social services is hereby authorized and\ndirected to ensure that their social services district allows\nindividuals submitting an application or other paperwork relating to\npublic assistance and care to do so electronically.\n
N.Y. ENV Law § 49-0311 — New York Code / Act ENV / Article 49 / Title 3 / Section 49-0311
Severability
Status: in_force

§ 49-0311. Severability.\n  The provisions of this title shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this title shall be adjudged\nby any court of competent jurisdiction to be invalid, such judgment\nshall not affect, impair or invalidate the remainder thereof, but shall\nbe confined in its operation to the clause, sentence, paragraph,\nsubdivision or part thereof directly involved in the controversy in\nwhich such judgment shall have been rendered; provided that if a\nconservation easement created pursuant to this title is determined by\nany court of competent jurisdiction to be land or water or an interest\nin land or water subject to the provisions of article fourteen of the\nconstitution then the authority of the state to hold or acquire such\neasement and the conveyance to the state of such easement shall be void\nab initio.\n
N.Y. VAT Law § 316 — New York Code / Act VAT / Title 3 / Article 6 / Section 316
Self-insurers
Status: in_force

§ 316. Self-insurers. The commissioner, in his discretion, may upon\nthe application of a person having registered in his name in this state\nmore than twenty-five motor vehicles, issue a certificate of\nself-insurance when he is reasonably satisfied that such person is\npossessed and will continue to be possessed of financial ability to\nrespond to judgments obtained against such person, arising out of the\nownership, maintenance, use or operation of any such person's motor\nvehicles. Upon due notice and hearing, the commissioner may, in his\ndiscretion and upon reasonable grounds, cancel a certificate of\nself-insurance.\n  As a condition to the issuance of a certificate of self-insurance, the\nregistrant shall pay annually in addition to any other fee prescribed by\nthis chapter, a fee of one dollar and fifty cents for each motor vehicle\nregistered in his name and the aggregate amount of such fees shall be\napplied in reduction of the assessment levied pursuant to section three\nhundred seventeen.\n  As a further condition to the issuance of a certificate of\nself-insurance, the registrant shall pay annually in addition to any\nother fee prescribed by this chapter, an amount per vehicle to be\ndetermined by the Motor Vehicle Accident Indemnification Corporation\npursuant to section five thousand two hundred seven of the insurance law\nfor each motor vehicle registered in his name and the aggregate amount\nof such fees shall be transmitted by the commissioner to the Motor\nVehicle Accident Indemnification Corporation continued pursuant to\nsection five thousand two hundred three of the insurance law to be\napplied in reduction of assessments levied by said corporation pursuant\nto section five thousand two hundred seven of the insurance law.\n  Notwithstanding the provisions of any other section, for the purposes\nof this section, the term "motor vehicle" shall include "snowmobiles" as\ndefined by subdivision six of § 8-0105 of the conservation law.\n
N.Y. VAT Law § 398-K — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-K
Improper display of signs
Status: in_force

§ 398-k. Improper display of signs. 1. The holder of a repair shop\nregistration shall remove or cause to be removed any sign which contains\nthe registration number of the station which is visible to the public\nand which is required to be displayed by this article or regulations\npromulgated thereunder if the registration is revoked or suspended or\nthe repair shop is out of business. If the registration is only\nsuspended, the holder may cover up the sign instead of removing it.\n  2. No person shall permit the display of any sign required to be\ndisplayed by this article or regulations promulgated thereunder\nindicating to the public that an official repair shop is operating\nunless a repair shop registration has been issued to that person and is\ncurrently valid.\n
N.Y. PBH Law § 351 — New York Code / Act PBH / Article 3 / Title 3 / Section 351
County or part-county health commissioner, public health director or county health director; appointment; compensation
Status: in_force

§ 351. County or part-county health commissioner, public health\ndirector or county health director; appointment; compensation. 1. The\nboard of health of each county and part-county health district or other\nbody having the powers and duties of a board of health of a county or\npart-county health district or the county executive in those counties\nwhere the county charter provides that said commissioner is to be\nappointed by the county executive shall appoint a county health\ncommissioner, county health director or, when authorized under the state\nsanitary code, public health director; except, however,\n  (a) that the boards of health of not more than three county or\npart-county health districts or other bodies having the powers and\nduties of a board of health of a county or part-county health district\nmay appoint the same person to serve as county health commissioner,\ncounty health director or, when authorized by the state sanitary code,\npublic health director for said health districts, if the total\npopulation of health districts is not in excess of one hundred fifty\nthousand according to the latest federal decennial census, provided the\napproval of the commissioner is obtained; or\n  (b) the board of health or other body having the powers and duties of\na board of health of a county or part-county health district of any\ncounty health district with a population of less than thirty-five\nthousand according to the latest federal decennial census may appoint\nthe same person employed by a contiguous county or part-county health\ndistrict to serve as county health commissioner, county health director\nor, when authorized by the state sanitary code, public health director\nwithout regard to the total population of both health districts,\nprovided the approval of the commissioner is obtained.\n  The commissioner shall periodically review his or her determination to\nensure such employment of the same county health director, director of\npublic health or county health commissioner continues to serve the\ninterest of public health and may terminate his or her approval at his\nor her discretion.\n  2. If the commissioner has approved the appointment of the same person\nto serve as the county commissioner of health or public health director\nof more than one county or part-county health district pursuant to\nsubdivision one of this section, then during the continuation of such\napproval the commissioner may also authorize the same members to be\nappointed to the board of health of each respective health district,\nnotwithstanding their residency in the other county.\n  3. Any boards of health or other bodies having the powers and duties\nof a board of health of a county or part-county health district having\nthe same members shall annually submit such information and reports\nregarding the effect of such employment on administration of the\nrespective health districts and the provision of public health services\nas the commissioner may require. The commissioner shall use such\ninformation in determining whether such common membership continues to\nserve the interest of public health.\n  4. The county health commissioner or public health director shall\npossess such qualifications for office as are prescribed in the sanitary\ncode.\n  5. The county health commissioner or public health director shall\nserve for a term of six years and shall not be removed during the term\nfor which he or she shall have been appointed, except upon written\ncharges after a hearing and upon notice.\n  6. The county health commissioner or public health director shall\nreceive such compensation as may be fixed by the board of supervisors\nor, if the commissioner's approval has been obtained for the employment\nof the same person as the county health commissioner or public health\ndirector pursuant to subdivision one of this section, by the boards of\nsupervisors.\n
N.Y. RPT Law § 491-B — New York Code / Act RPT / Article 4 / Title 3 / Section 491-B
Conservation easement agreement exemption; certain towns
Status: in_force

* § 491-b. Conservation easement agreement exemption; certain towns.\n1.  Applicability. In a town having a population of not less than\nthirty-five thousand and not more than thirty-six thousand, that is\nlocated in a county having a population of not less than three hundred\nthousand and not more than three hundred seven thousand, based upon and\nrecorded by the two thousand ten federal census, is hereby authorized to\nadopt a local law to provide that, real property whose interests or\nrights have been acquired for the purpose of the preservation of an open\nspace or an open area, as authorized in section two hundred forty-seven\nof the general municipal law, may be partially exempt from local real\nproperty taxation, provided that the owner or owners of such real\nproperty enter into a conservation easement agreement with the\nmunicipality in accordance with the procedures specified in subdivision\nthree of this section. A county having a population of not less than\nthree hundred thousand and not more than three hundred seven thousand\nbased upon and recorded in the two thousand ten federal census may, by\nlocal law, and any school district, all or part of which is located in a\ntown having a population of not less than thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand based upon and recorded by the two thousand\nten federal census, may, by resolution, exempt such property from its\ntaxation in the same manner and to the same extent as such town has\ndone.\n  2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural or\nscenic resources" shall include, but not be limited to, agricultural\nlands defined as open lands actually used in bona fide agricultural\nproduction.\n  3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand, based upon and recorded by the two\nthousand ten federal census, for the granting of interest or rights in\nreal property for the preservation of open space or areas. Such proposal\nshall be submitted in such a manner and form as may be prescribed by the\nconservation board of such town.\n  (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n  (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n  (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than thirty-five\nthousand and not more than thirty-six thousand that is located in a\ncounty having a population of not less than three hundred thousand and\nnot more than three hundred seven thousand, based upon and recorded by\nthe two thousand ten federal census, and after such public hearing, may\nadopt the proposal or any modification thereof it deems appropriate or\nmay reject it in its entirety.\n  (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n  (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n  4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n  (b) The following table shall illustrate the computation of the\nexemption:\n          Commitment                    Percentage of Exemption\n        15 to 29 years                            50%\n        30 to 49 years                            75%\n        50 to 75 years                            85%\n        Perpetual                                 90%\nSuch exemption shall be granted only upon application by the owner or\nowners of such real property on a form prescribed by the commissioner.\nSuch application shall be filed with the assessor of the town on or\nbefore the taxable status date of such town.\n  (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n  5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n  (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n  (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n  * NB There are 2 § 491-b's\n
N.Y. SOS Law § 71 — New York Code / Act SOS / Article 3 / Title 3 / Section 71
Commitments
Status: in_force

§ 71.  Commitments.  Commitments to a county home may be made by such\ntown and city public welfare officers as are authorized by the county\ncommissioner.  All other commitments to hospitals or other institutions\nat the expense of the county public welfare district shall be made by\nthe county commissioner, or by such other official as may be authorized\npursuant to the provisions of this chapter.\n
N.Y. PBA Law § 153-C — New York Code / Act PBA / Article 2 / Title 3 / Section 153-C
Financial disclosure by authority prior to toll or fare increase
Status: in_force

* § 153-c. Financial disclosure by authority prior to toll or fare\nincrease. 1. The ten cent toll which was in effect on December\nthirty-first, nineteen hundred seventy-four pursuant to subdivision five\nof section one hundred fifty-three-b of the public authorities law shall\nbe restored to ten cents until all of the provisions of this section\nshall have been complied with.\n  2. Notwithstanding any inconsistent provision of this chapter or of\nany other general, special or local law, the authority shall submit to\nthe state comptroller, not less than one hundred twenty days prior to\nthe proposed date of any future increase in tolls a detailed written\nreport setting forth: (1) the need for such increase or imposition; (2)\nits receipts and disbursements, or revenues and expenses, during the\nprior five fiscal years, or so much thereof as it may have been in\nexistence, in accordance with the categories or classifications\nestablished by such authority for its own operating and capital outlay\npurposes; (3) its assets and liabilities at the end of its last fiscal\nyear including the status of reserve, depreciation, special or other\nfunds and including the receipts and payments of these funds; (4) a\nschedule of bonds and notes outstanding at the end of its fiscal year\nand their redemption dates, together with a statement of the amounts\nredeemed and incurred during such fiscal year; (5) information on\noperations, debt service and capital construction setting forth the\nestimated receipts and expenditures for the next five fiscal years; (6)\nprojections and estimates as to the effect which the proposed increase\nor imposition will have on the future use of the facilities, and the\nincreased revenues which will accrue to the authority as the result of\nthe proposed increase or imposition; (7) such other information and data\nas the comptroller may request in order to carry out the provisions of\nthis section. The comptroller shall have the power to waive submission,\nin the detailed written report, of any records, data and information\nrequired by this subdivision, and in lieu thereof shall have the power\nto physically inspect any records, data and information required by such\nsubdivision.\n  3. The comptroller shall review any proposed increase or imposition in\ntolls and the report required by subdivision two of this section and\nwithin sixty days make public his findings, conclusions and\nrecommendations. The commissioner of transportation of the state of New\nYork or his designated representative or agent shall, at the request of\nthe comptroller, provide assistance to the comptroller in determining\nhis findings, conclusions and recommendations, as required by this\nsection.\n  4. The authority shall hold a public hearing upon any such proposed\ntoll increase not less than fifteen days prior to the effective date of\nsuch increase. At least fifteen days prior to such hearing notice of\nsuch hearing shall be given by publications at least once in each of six\ndaily newspapers within the state to be selected by the authority.\nCopies of the proposed increase or imposition, the report required by\nsubdivision two of this section and the comptroller's findings,\nconclusions and recommendations shall be available for public inspection\nduring a period of fifteen days prior to the hearing at the office or\noffices of the authority and at such other places throughout the\ncounties of Nassau and Suffolk as it may designate. Following such\npublic hearing, the authority shall reconsider the proposed increase or\nimposition and may rescind, change or modify the proposal as it then\ndeems necessary or advisable.\n  5. Nothing contained in this section shall require the authority to\nrefund any tolls collected in the period between January first, nineteen\nhundred seventy-five, and the effective date of this act.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. PBA Law § 1383-A — New York Code / Act PBA / Article 6 / Title 3 / Section 1383-A
Sale or lease of industrial projects
Status: in_force

§ 1383-a. Sale or lease of industrial projects. Notwithstanding the\nprovisions of any general, special or local law, subject to any\nagreement with noteholders or bondholders, the authority may sell or\nlease any industrial project, without public bidding or public sale, for\nsuch price or rental and upon such terms as may be agreed upon between\nthe authority and such purchaser or lessee, either prior to, at the date\nof, or subsequent to the completion of the industrial project by the\nauthority, provided, however, that in the case of a lease, the term\nthereof shall not exceed thirty years. Where such contract for sale or\nlease is entered into after the commencement of construction and prior\nto the physical completion of the improvement to be conveyed or leased,\nthe authority may complete the construction and development of such\nimprovement prior to the actual conveyance or lease.\n
N.Y. DOM Law § 77-O — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-O
Role of law enforcement
Status: in_force

§ 77-o. Role of law enforcement. At the request of a prosecutor or\nother appropriate public official acting under section seventy-seven-n\nof this title, a law enforcement officer, as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law, may take any\nlawful action reasonably necessary to locate a child or a party and\nassist a prosecutor or appropriate public official with responsibilities\nunder section seventy-seven-n of this title.\n
N.Y. ENV Law § 19-0321 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0321
Permits to construct and operate certain municipally sponsored major facilities
Status: in_force

§ 19-0321. Permits to construct and operate certain municipally\n             sponsored major facilities.\n  1. For the purposes of this section only:\n  a. "Major facility" means an air contamination source which directly\nemits, or has the potential to emit, twenty-five tons per year of either\noxides of nitrogen or volatile organic compounds.\n  b. "Municipally sponsored facility" means a facility for which a city\nwith a population of one million or more or a political subdivision or\nagency thereof was an applicant or co-applicant as of November\nfifteenth, nineteen hundred ninety-two.\n  c. "Emission offset" means an emission reduction credit, as\nestablished by the commissioner, required to be obtained from a severe\nnonattainment area by an air contamination source prior to the issuance\nof a permit to construct, at a ratio of 1.3 tons of reductions for each\nton of new emissions of oxides of nitrogen and volatile organic\ncompounds; provided that the emission offset requirement for oxides of\nnitrogen may be met by oxides of nitrogen or an equivalent number of\ntons of volatile organic compounds.\n  2. The provisions of this section shall apply only to permits to\nconstruct and operate issued on or after November fifteenth, nineteen\nhundred ninety-two for a municipally sponsored major facility located in\na city with a population of more than one million for which the permit\napplication was deemed complete by the department before November\nfifteenth, nineteen hundred ninety-two.\n  3. No permit to construct shall be issued or shall be valid for a new\nor modified major facility until after the applicant has obtained\nemission offsets for such facility. For purposes of this section, in\naddition to any other available emission offsets, emission reductions\nfrom the following sources shall be eligible as emission offsets:\n  a. emission reductions that result from the closure or modification of\nany solid waste incineration facilities within such city which were\noperating in nineteen hundred ninety-one; and\n  b. emission reductions that result from the cessation of operation,\nremoval or sealing of any refuse burning equipment in such city pursuant\nto any local law which took effect in nineteen hundred ninety-three.\n  Provided, that the commissioner shall have authority to establish the\namount of credit attributed to any emission reduction used to create an\nemission offset to satisfy the requirements of this section.\n  4. Prior to the operation of a facility which as been issued a permit\nto which subdivision three of this section applies, such city shall\nconduct a base-line health study on a statistically representative\nsample of residents within the areas most affected by the facility. No\nlater than one hundred eighty days after the commencement of operation\nof such facility, the city shall, in conjunction with the department,\nconduct stack tests of the facility and assess the health risks from\nexpose to such emissions; such stack tests shall be performed in\naccordance with the department's rules and the results of such\nassessment shall be delivered to the department within thirty days after\ncompletion of the health risk assessment report for appropriate action.\nAfter operation of such facility is commenced, such city shall implement\na follow-up health study that monitors on a regular basis the health\nimpacts from such facility with an emphasis on at-risk populations. Such\nstudy and monitoring shall be conducted in consultation with an advisory\ncommittee appointed by the commissioner of health which shall include\nrepresentatives of the parties to the permit proceeding for such\nfacility. Such study and monitoring shall be designed to avoid\nduplication of efforts otherwise required by permit or by law.\n  5. Notwithstanding the provisions of subdivision two of this section,\nany action deemed to have a significant impact on the environment\npursuant to article eight of this chapter, if such action involves a\nmunicipally sponsored facility within a three-mile radius of a permitted\nfacility for which emission offsets were required pursuant to this\nsection, shall require an environmental impact statement which shall\ninclude an analysis of the cumulative air impacts of such action in\nconjunction with other actions involving facilities that have been\nconstructed or are planned within such three-mile radius.\n
N.Y. VAT Law § 361 — New York Code / Act VAT / Title 3 / Article 7 / Section 361
Self-insurers
Status: in_force

§ 361. Self-insurers. (a) This article, except sections three hundred\nthirty-nine and three hundred fifty-nine, shall not apply to any person\nhaving registered in his name in this state more than twenty-five motor\nvehicles if such person shall obtain from the commissioner a certificate\nof self-insurance as provided for in subdivision (b) of this section.\n  (b) The commissioner may, in his discretion, upon the application of\nsuch a person, issue a certificate of self-insurance when he is\nreasonably satisfied that such person is possessed and will continue to\nbe possessed of financial ability to respond to judgments, as\nhereinbefore described, obtained against such person, arising out of the\nownership, maintenance, use or operation of any of such person's motor\nvehicles.\n  (c) Upon due notice and hearing, the commissioner, may, in his\ndiscretion and upon reasonable grounds, cancel a certificate of\nself-insurance.\n
N.Y. ENV Law § 13-0321 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0321
Taking and importation of shellfish for transplanting and other purposes
Status: in_force

§ 13-0321. Taking and importation of shellfish for transplanting and\n             other purposes.\n  1. Shellfish may be taken from uncertified shellfish lands for\ntransplanting or other purposes as the department may deem advisable\nsubject to supervision and regulation as provided in section 13-0319.\n  2. Prior to the taking from uncertified shellfish lands of this state\nfor transplanting or other purposes, a permit shall be obtained from the\ndepartment and shall be issued for the taking of shellfish from a\nspecific area. Such permit shall be valid only during the period of\noperations in the uncertified land for which the permit was issued. The\nholder of such permit may not receive, sell, offer for sale, transport,\nor ship any shellfish taken pursuant to this permit, except as provided\nby regulations made pursuant to section 13-0319.\n  3. Shellfish from certified or uncertified lands without the state\nshall not be transplanted in this state or imported into this state for\nsuch purposes unless a permit therefor has been obtained from the\ndepartment.\n
N.Y. RPT Law § 360 — New York Code / Act RPT / Article 3 / Title 3 / Section 360
City appraisal personnel
Status: in_force

§ 360. City appraisal personnel. No person shall be employed by a city\nand assigned professional appraisal duties which relate to the\nassessment or adjudication of real property for purposes of taxation\nunless he or she meets the minimum qualification standards established\nby the commissioner. Such appraisal personnel shall attend courses of\ntraining and education prescribed by the commissioner under this title.\nNotwithstanding the provisions of this section or any other law, the\ntravel and other actual and necessary expenses incurred by such\nappraisal personnel employed in the office of such assessor in attending\ncourses of training as required by this section shall be a state charge\nupon audit by the comptroller.\n
N.Y. ENV Law § 19-0301 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0301
Powers and duties
Status: in_force

§ 19-0301. Powers and duties.\n  1. Consistent with the policy of the state as it is declared in\nsection 19-0103, the department shall have power to:\n  a. Formulate, adopt and promulgate, amend and repeal codes and rules\nand regulations for preventing, controlling or prohibiting air pollution\nin such areas of the state as shall or may be affected by air pollution\nand to include in any such codes, rules or regulations a general\nprovision for controlling air contamination including but not limited to\na requirement that permits to construct and certificates to operate be\nobtained from the department, provided, however, that in exercising the\nprovisions of this subdivision the department shall conform with the\nprovisions of section 19-0303.\n  b. Include in any such codes and rules and regulations provisions\nestablishing areas of the state and prescribing for such areas (1) the\ndegree of air pollution or air contamination that may be permitted\ntherein, (2) the extent to which air contaminants may be emitted to the\nair by any air contamination source, (3) standards for the composition\nof fuels offered for sale or use of fuels or energy sources in any type\nor class of air contamination source where the department finds that air\ncontaminants from such type or class or source will probably otherwise\nbe discharged in contravention of applicable emission standards or air\nquality standards, and (4) requirements and standards for the approval\nof plans or specifications for air cleaning installations.\n  c. Promulgate standards for crankcase ventilating systems and air\ncontaminant emission control systems, in accordance with the Vehicle and\nTraffic Law.\n  d. Hold public hearings, conduct investigations, compel the attendance\nof witnesses, receive such pertinent and relevant proof and do such\nother things as it may deem to be necessary, proper or desirable in\norder that it may effectively discharge its code, rule and regulation\nmaking duties and responsibilities under this article.\n  e. Except as otherwise required by the Act or regulations promulgated\npursuant thereto by the administrator, formulate, adopt, and promulgate,\namend and repeal codes, rules and regulations establishing an operating\npermit program in accordance with section 19-0311 of this title.\n  f. Delegate to the department of agriculture and markets the authority\nto test fuels for conformance with applicable standards and to enforce\nagainst violations of such standards.\n  2. It shall be the duty and responsibility of the department to:\n  a. Prepare and develop a general comprehensive plan for the control or\nabatement of existing air pollution and for the control or prevention of\nany new air pollution recognizing varying requirements for different\nareas of the state.\n  b. Encourage voluntary cooperation by all persons in controlling air\npollution and air contamination, including but not limited to, educating\nthe public about the health and environmental impacts of idling\nvehicles, such as air pollution from vehicle emissions, environmental\nimpacts of carbon dioxide emissions and health risks associated with\nexposure to vehicle emissions. Such education shall, at a minimum,\ninclude developing and distributing educational materials and posting\nsuch information on the department's website.\n  c. Encourage the formulation and execution of plans by cooperative\ngroups or associations of counties, cities, towns and villages,\nindustries and others who severally or jointly are or may be the source\nof air pollution, for the prevention and abatement of pollution.\n  d. Cooperate with the appropriate agencies of the United States or\nother states or any interstate agencies or international agencies with\nrespect to the control of air pollution and air contamination, or for\nthe formulation for the submission to the legislature of interstate air\npollution control compacts or agreements.\n  e. Promulgate standards for the use of fuel or fuel additives for use\nin motor vehicles or motor vehicle engines, taking due recognition of\nfederal standards and requirements.\n  3. a. The department is prohibited from adopting any rule, regulation\nor standard which would require the use or sale of any type of\nreformulated gasoline other than the federal reformulated gasoline that\nis certified by the administrator pursuant to section 7545(k) of the Act\nfor sale and use in states other than California; provided, however,\nthat nothing in this subdivision shall be deemed to limit the authority\nof the department to adopt a rule, regulation or standard for:\n  (1) fuel oxygen content or fuel volatility; or\n  (2) the composition of fuels necessary to implement section 7586 of\nthe Act; or\n  (3) the composition of fuels necessary to implement section 7507 of\nthe Act if such fuel standard is adopted and implemented regionally\npursuant to agreement with any three states sharing a boundary with New\nYork; or\n  (4) the composition of fuels if the commissioner finds that no other\nmeasures would bring about timely attainment or maintenance of a\nnational primary or secondary ambient air quality standard for which New\nYork state must file a state implementation plan pursuant to the Act, or\nthat other existing and technically possible measures are unreasonably\ncostly or impracticable and the commissioner has included such measure\nin the implementation plan pursuant to section 7410 of the Act.\n  b. No provision of this subdivision shall be deemed to authorize the\nuse of methyl tertiary butyl ether as an oxygenate in any motor fuel\nimported into, or sold or offered for sale in this state.\n  4. Any final order or determination or other final action by the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation promulgated by the department pursuant to this article shall\nbe subject to review as provided in article seventy-eight of the civil\npractice law and rules; provided however, the department may establish\nby regulation a ninety day statute of limitations for review of final\npermit actions by the commissioner pursuant to section 19-0311 of this\ntitle, if required to maintain compliance with the Act.\n  5. The department shall certify emission reduction credits and\nestablish an emission reduction credit registry. Such registry shall\nidentify emission reduction credits, that are certified by, or used in,\nNew York state. Prior to certifying credits, the department shall\npublish notice and provide the opportunity for public comment, pursuant\nto article seventy of this chapter, on the proposed modification of a\nsource's permit to reflect that emission reductions will be certified as\nemission reduction credits. The department shall provide information\nregarding the availability of such certified emission reduction credits\nto any person upon request. The department shall, to the extent\nconsistent with any rules or guidance related to emission offset\nrequirements published by the administrator, adopt rules and regulations\nto provide for the use of mobile source emission reduction credits as a\nmeans of satisfying emission offset requirements pursuant to section\n7503(c) of the Act.  Such rules and regulations shall include provision\nfor cooperating with the commissioner of motor vehicles pursuant to\nparagraph one of subdivision (d) of section 301 of the vehicle and\ntraffic law.\n
N.Y. PBA Law § 553-G — New York Code / Act PBA / Article 3 / Title 3 / Section 553-G
Fire training
Status: in_force

§ 553-g. Fire training. All persons appointed to the position of\nbridge and tunnel officer and maintenance division employees of the\nTriborough bridge and tunnel authority on or after the effective date of\nthis section shall participate in a training course of at least\ntwenty-eight hours on the subject of fire prevention and control. The\ntraining courses shall be conducted by the Fire Academy of the New York\ncity fire department. Such academy shall also administer any retraining\nor refresher courses attended by personnel of the authority. Any costs\nincurred by the city of New York for the aforementioned training shall\nbe reimbursed by the authority.\n
N.Y. VAT Law § 309-A — New York Code / Act VAT / Title 3 / Article 5-A / Section 309-A
Establishment of experimental motor vehicle inspection stations
Status: in_force

§ 309-a. Establishment of experimental motor vehicle inspection\nstations.  The commissioner of motor vehicles is hereby directed to\nestablish, maintain and/or conduct experimental motor vehicle inspection\nstations, by contract or pursuant to an appropriation made therefor, for\nthe purpose of making the inspection prescribed by article five of the\nvehicle and traffic law and for the purpose of issuing certificates of\ninspection.\n
N.Y. ELD Law § 249 — New York Code / Act ELD / Article 2 / Title 3 / Section 249
Participating provider pharmacies
Status: in_force

§ 249. Participating provider pharmacies. 1. The state shall offer an\nopportunity to participate in this program to all provider pharmacies as\ndefined in section two hundred forty-one of this title, provided,\nhowever, that the participation of pharmacies registered in the state\npursuant to section sixty-eight hundred eight-b of the education law\nshall be limited to state assistance provided under this title for\nprescription drugs covered by a program participant's medicare drug\nplan.\n  2. To participate in this program, a pharmacy shall be required to\nenter into a provider agreement and shall abide by such terms and\nconditions as shall be prescribed in the agreement, including the\nrelease of financial information for the purpose of program audits and\nsurveys.\n
N.Y. EXC Law § 523-G — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-G
Review of policies concerning children
Status: in_force

§ 523-g. Review of policies concerning children. In addition to other\npowers and duties specified in this subtitle, the office of the\nombudsman may recommend changes in office policies and regulations\nconcerning children to improve services or to correct systemic problems\nconcerning services to children in the juvenile justice system.\n
N.Y. LAB Law § 427 — New York Code / Act LAB / Article 15 / Title 3 / Section 427
Officers and nurses
Status: in_force

§ 427. Officers and nurses. Every employer of persons for work in\ncompressed air shall:\n  1. Keep at the place of work at all necessary times one or more duly\nqualified medical officers to care for cases of illness and to strictly\nadminister and enforce sections four hundred and twenty-six, four\nhundred and twenty-eight and four hundred and twenty-nine.\n  2. Keep at a medical lock required by subdivision nine of section four\nhundred and twenty-six a certified nurse selected by the medical officer\nor officers required by subdivision one of this section and qualified to\ngive temporary relief in cases of illness.\n
N.Y. PBA Law § 162 — New York Code / Act PBA / Article 2 / Title 3 / Section 162
Remedies of bondholders
Status: in_force

* § 162. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of such issue\nthen outstanding by instrument or instruments filed in the office of the\nclerk of the county of Nassau or of Suffolk and proved or acknowledged\nin the same manner as a deed to be recorded may appoint a trustee, to\nrepresent the bondholders for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such issue of bonds then\noutstanding shall upon being furnished security satisfactory to the\ntrustee for the recovery of his or its expense and against loss and\nliability in his or its own name\n  (a) by suit, action or special proceeding, enforce all rights of the\nbondholders, including the right to require the authority and the board\nto collect revenues adequate to carry out any agreement as to, or pledge\nof, such revenues and to require the authority and the board to carry\nout any other agreements with the bondholders and to perform its and\ntheir duties under this title;\n  (b) bring suit upon the bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders; (e)\ndeclare all bonds of such issue due and payable and if all defaults\nshall be made good, then with the consent of the holders of twenty-five\nper centum of the principal amount of such issue then outstanding, to\nannul such declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in Nassau county or\nSuffolk county.\n  4. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue and such receiver may enter and take possession of said\npart or parts of the project and subject to any pledge or agreement with\nbondholders shall take possession of all moneys and other property\nderived from or applicable to the construction, operation, maintenance\nand reconstruction of said part or parts of the project and proceed with\nany construction thereon which the authority is under obligation to do\nand to operate, maintain and reconstruct the said part or parts of the\nproject and collect and receive all revenues thereafter arising\ntherefrom subject to any pledge thereof or agreement with bondholders\nrelating thereto and perform the public duties and carry out the\nagreements and obligations of the authority under the direction of the\ncourt. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues.\n  5. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the bondholders in the enforcement and protection of\ntheir rights.\n  6. All bonds issued pursuant to the same resolution, although issued\nat different times and with different terms and provisions and although\nsupplemental resolutions may be required prior to the issuance of part\nof such bonds, shall constitute one issue for the purposes of this\nsection, but any resolution may provide that the bonds issued pursuant\nthereto shall constitute one or more separate issues for the purposes of\nthis section.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. LAB Law § 277 — New York Code / Act LAB / Article 11 / Title 3 / Section 277
Notice of issue of local construction permit
Status: in_force

§ 277. Notice of issue of local construction permit. The officer of\nany city, village or town having power to approve plans for the\nconstruction and alteration of buildings shall, immediately upon the\nissuance of a permit for the construction or alteration of a building to\nbe used for a factory or mercantile establishment as defined by this\nchapter, forward to the commissioner on forms provided by him a notice\nof the issue of such permit and such other information as he may\nrequire. The provisions of this section shall not apply to the city of\nNew York.\n
N.Y. PBA Law § 155 — New York Code / Act PBA / Article 2 / Title 3 / Section 155
Title to additional lands acquired
Status: in_force

* § 155. Title to additional lands acquired. Title to any additional\nlands, easements or rights in land which may be hereafter acquired for\nthe purposes of this act shall be vested in the state of New York.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. VAT Law § 351 — New York Code / Act VAT / Title 3 / Article 7 / Section 351
Person having given proof may substitute other proof
Status: in_force

§ 351. Person having given proof may substitute other proof. The\ncommissioner shall cancel any bond or return any certificate of\ninsurance, or the commissioner shall direct and the department of\ntaxation and finance shall return any money or securities, to the person\nentitled thereto upon the substitution and acceptance of other adequate\nproof of financial responsibility pursuant to this article.\n
N.Y. RPT Law § 1546 — New York Code / Act RPT / Article 15-A / Title 3 / Section 1546
Determination of specific types of property eligible for advisory appraisals by state or county
Status: in_force

§ 1546. Determination of specific types of property eligible for\nadvisory appraisals by state or county. The commissioner shall determine\nthe specific types of property which are included in the descriptions of\nmoderately and highly complex properties eligible for advisory\nappraisals as provided in sections fifteen hundred thirty-six and\nfifteen hundred forty-four of this article, considering in addition to\nother pertinent factors the level of appraisal skills required of\nassessors and other appraisal personnel of the respective counties,\ncities, towns and villages under the minimum qualification standards\nestablished in accordance with the provisions of this article.\n