N.Y. EDN Law § 355 — New York Code / Act EDN / Title 1 / Article 8 / Section 355
Powers and duties of trustees--administrative and fiscal functions
Status: in_force

§ 355. Powers and duties of trustees--administrative and fiscal\nfunctions. 1. Subject to the provisions of the plan or general revision\nthereof proposed by the state university trustees as approved by the\nregents pursuant to section two hundred thirty-seven of this chapter,\nthe state university trustees shall be responsible for:\n  a. The over-all central administration, supervision and coordination\nof state-operated institutions and the general supervision and\ncoordination of the statutory or contract colleges in the state\nuniversity.\n  b. The supervision and coordination of state-aided programs in\ninstitutions providing higher education pursuant to the provisions of\nsection three hundred fifty-eight hereof.\n  c. The approval of the establishment of community colleges and four\nyear colleges authorized by article one hundred twenty-six of this\nchapter, in conformance with the master plan; the provision of standards\nand regulations covering the organization and operation of their\nprograms, courses and curricula, financing arrangements, state financial\nassistance, tuition charges and fees, and such other matters as may be\ninvolved in the operation of such colleges.\n  d. The establishment of health and medical centers, four year liberal\narts colleges, professional and graduate schools, research centers and\nother facilities, as provided in this article.\n  e. The approval of the appointment of the head of each statutory or\ncontract college and community college by the respective boards of\ntrustees or other governing bodies of such institutions.\n  f. The promotion of and participation in inter-institutional\narrangements among independent and public institutions of higher\neducation and health care facilities and providers and other\nhealth-related organizations on a geographical or topical basis to\nencourage responsible and cost effective use of facilities and academic\nand health care resources for the enhancement and enrichment of\neducational experiences and opportunities and promoting high quality\nhealth care services in support of the state university's educational\nmission.\n  2. The state university trustees are further authorized and empowered,\nsubject to the provisions of the plan or general revisions thereof\nproposed by the state university trustees as approved by the regents\npursuant to section two hundred thirty-seven of this chapter:\n  * a. To take, hold and administer on behalf of the state university or\nany institution therein, real and personal property or any interest\ntherein and the income thereof either absolutely or in trust for any\neducational or other purpose within the jurisdiction and corporate\npurposes of the state university. The trustees may acquire property for\nsuch purposes by purchase, appropriation or lease and by the acceptance\nof gifts, grants, bequests and devises, and, within appropriations made\ntherefor, may equip and furnish buildings and otherwise improve property\nowned, used or occupied by the state university or any institution\ntherein. The trustees may acquire property by the acceptance of\nconditional gifts, grants, devises or bequests, the provisions of\nsection eleven of the state finance law notwithstanding. Where real\nproperty is to be acquired by purchase or appropriation, such\nacquisition shall be in accordance with the provisions of section three\nhundred seven of this chapter except that the powers and duties in said\nsection mentioned to be performed by the commissioner shall be performed\nby the state university trustees. The provisions of section three of the\npublic lands law notwithstanding, the trustees may provide for the lease\nof state-owned real property under the jurisdiction of the state\nuniversity that is part of a tax-free NY area approved pursuant to\narticle twenty-one of the economic development law, in such manner and\nupon such terms as the trustees shall determine, provided such lease is\nconsistent with the approved plan for such tax-free NY area.\n  * NB Effective until June 30, 2031\n  * a. To take, hold and administer on behalf of the state university or\nany institution therein, real and personal property or any interest\ntherein and the income thereof either absolutely or in trust for any\neducational or other purpose within the jurisdiction and corporate\npurposes of the state university. The trustees may acquire property for\nsuch purposes by purchase, appropriation or lease and by the acceptance\nof gifts, grants, bequests and devises, and, within appropriations made\ntherefor, may equip and furnish buildings and otherwise improve property\nowned, used or occupied by the state university or any institution\ntherein. Where real property is to be acquired by purchase or\nappropriation, such acquisition shall be in accordance with the\nprovisions of section three hundred seven of this chapter except that\nthe powers and duties in said section mentioned to be performed by the\ncommissioner of education shall be performed by the state university\ntrustees.\n  * NB Effective June 30, 2031\n  b. To make and establish and from time to time alter and amend such\nrules and regulations, not inconsistent with law, for the government of\nthe state university and the institutions therein.\n  c. To provide for the care, custody and management of the lands,\ngrounds, structures, buildings, equipment and facilities of the state\nuniversity and the institutions therein.\n  d. To visit and inspect the institutions in the state university, and\nto distribute to or expend or administer for them such property and\nfunds as the state may appropriate therefor, or as the state university\ntrustees may hold in trust, or as may otherwise come into their\npossession.\n  e. To merge any higher educational corporation into the state\nuniversity with the approval of the governing body of such corporation\nand statutory approval of the legislature. Any higher educational\ncorporation is authorized and empowered to merge into the state\nuniversity. Upon the approval of an agreement of merger by the board of\nregents and subsequent statutory approval by the legislature, and the\nfiling thereof with the regents, the merger shall be deemed complete and\nall the right, title and interest in real property held by such merged\nhigher educational corporation shall vest in and be held and enjoyed by\nthe people of the state of New York and all the other estate, property,\nrights, privileges and franchises of such merged higher educational\ncorporation shall vest in and be held and enjoyed by the state\nuniversity, as fully and entirely and without change or diminution as\nthe same were before held and enjoyed by such merged corporation, and be\nmanaged and controlled by the state university, but subject to all\nliabilities and obligations of such merged corporation and the rights of\nall creditors thereof; except that the state university shall not\nthereby acquire power to engage in any activity or to exercise any\nright, privilege or franchise of a kind which it could not otherwise\nlawfully engage in or exercise. The state university shall cause a copy\nof the agreement of merger, certified by the board of regents to be a\ntrue and correct copy of the original filed in their office, to be filed\nin the office of the secretary of state and in the office of the clerk\nof the county in which the certificate of incorporation of the merged\ncorporation was filed, in each case in which the certificate of\nincorporation of the merged corporation was filed in the office of the\nsecretary of state; and shall cause a like copy of the merger agreement\nwith the certificate of the board of regents to be recorded in the\noffice of the recording officer of each county in which is located any\nreal property in or to which the merged corporation had any right, title\nor interest at the time of the merger; and it shall be the duty of each\nsuch recording officer to record such copy and certificate in his office\nin the books used for the recording of deeds and to index the same\nagainst the merged corporation as grantor and the people of the state of\nNew York as grantees. Neither the secretary of state nor the county\nclerk or the recording officer of any county shall be entitled to demand\nor collect any fee for filing or recording any such copy of an agreement\nof merger.\n  f. To grant all degrees, diplomas and certificates which heretofore\nhave been granted or have been authorized to be granted upon the\ncompletion of courses of study in any state-operated institution which\nnow is or hereafter may be in the state university, prior to the\nacquisition of such institution by the state university, and also such\nother degrees as the regents may hereafter specifically authorize them\nto grant. In testimony thereof the state university trustees may give\nsuitable diplomas or certificates under the state university seal\nincluding honorary degrees. Every diploma or certificate so granted\nshall entitle the conferee to all privileges and immunities which by\nusage or statute are allowed for similar diplomas or certificates of\ncorresponding grade granted by any institution of learning.\n  f-1. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall pass a resolution\nby June first, two thousand fifteen, to develop a plan to make available\nto students enrolled in an academic program of the state university of\nNew York beginning in the two thousand sixteen--two thousand seventeen\nacademic year, approved experiential or applied learning activities.\nSuch experiential or applied learning activities may include completion\nof activities related to students' program of study, including, but not\nlimited to, service-learning activities completed as part of a course,\npaid or unpaid internships, faculty-supervised undergraduate projects\nand activities leading to publication of research in journals or similar\npublications, production or performance of creative works, and iterative\n"co-op" partnerships that explicitly link the curricula to a temporary,\npaid position in industry or the public sector. Such plan, to be\ncompleted by June first, two thousand sixteen, shall be developed in\nconsultation with university faculty senate, the faculty council of\ncommunity colleges, the SUNY student assembly, and other stakeholders.\nSuch plan shall define approved experiential or applied learning\nactivities, methods of faculty oversight and assessment,\nresponsibilities of business, corporate, non-profit or other entities\nhosting students, and include a requirement for collecting and reporting\ndata associated with such experiential or applied learning activities.\nSuch plan shall have each college examine the feasibility of including\nsuch experiential or applied learning activities as a degree\nrequirement. Such college shall examine its ability to administer and\nprovide such opportunities to students; the local community's capacity\nto support such experiential or applied learning activities; the impact\nsuch requirement would have on the local workforce, if any; potential\nfor such a requirement to enhance learning outcomes for students; and\nwhether adding such a requirement would cause potential delays in\ngraduation for students.\n  f-2. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall establish a policy\nauthorizing state-operated institutions and community colleges within\nthe state university to grant posthumous degrees to enrolled\nmatriculated students whose death occurs prior to graduation. Such\npolicy shall provide that, upon terms set in the policy, any remaining\ncredit requirements shall be waived for any student who dies and who\notherwise would have been eligible for graduation had they been able to\ncomplete their academic career.\n  f-3. Notwithstanding any law, rule or regulation to the contrary, the\nstate university of New York board of trustees shall, by June first, two\nthousand twenty-five, develop a plan to make available to students\nenrolled in an academic program of the state university of New York\nbeginning in the two thousand twenty-five--two thousand twenty-six\nacademic year, approved experiential or applied learning activities, as\ndefined in paragraph f-1 of this subdivision. Such plan shall be\ndeveloped in consultation with university faculty senate, the faculty\ncouncil of community colleges, the university student assembly, and\nother stakeholders. Such plan shall define approved experiential or\napplied learning activities, methods of faculty oversight and\nassessment, responsibilities of business, corporate, non-profit or other\nentities hosting students, and include a requirement for collecting and\nreporting data associated with such experiential or applied learning\nactivities. Such plan shall have each college examine the feasibility of\nincluding such experiential or applied learning activities as a degree\nrequirement. Such college shall examine its ability to administer and\nprovide such opportunities to students; the local community's capacity\nto support such experiential or applied learning activities; the impact\nsuch requirement would have on the local workforce, if any; potential\nfor such a requirement to enhance learning outcomes for students; and\nwhether adding such a requirement would cause potential delays in\ngraduation for students.\n  g. To appoint the head of each state-operated institution in the state\nuniversity upon the recommendation made to them by the council of such\ninstitution in accordance with the rules and standards established by\nthe state university trustees; or if such recommendation is not made or\ndoes not comply with such rules and standards, then to make such\nappointment as is by them deemed necessary; to prescribe the functions,\npowers, and duties of the head of each such institution; and to appoint\nor provide for the appointment of the members of the instructional and\nadministrative staffs, and such other employees as may be necessary, at\neach state-operated institution upon the recommendation of the head\nthereof and prescribe or provide for the prescription of their duties.\n  h. To regulate the admission of students, prescribe the qualifications\nfor their continued attendance, regulate tuition charges where no\nprovision is otherwise made therefor by law, and regulate other fees and\ncharges, curricula and all other matters pertaining to the operation and\nadministration of each state-operated institution in the state\nuniversity.\n  (1) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, such regulations may permit persons sixty\nyears of age or over to audit courses given therein without tuition,\nexamination, grading or credit therefor upon a space available basis, as\ndetermined by the president of each such institution, provided that such\naudit attendance does not deny course attendance at a state-operated\ninstitution by an individual who is otherwise qualified under the\nregulations promulgated pursuant to this section.\n  (2) Such regulations shall also provide that upon request by a student\nwho is an eligible veteran the payment of tuition and other fees and\ncharges, less the amounts payable for such purposes from scholarships or\nother financial assistance awarded said veteran pursuant to article\nthirteen of this chapter, article one hundred thirty of this chapter or\nany other state or federal aid program, shall be deferred in such\namounts and until such times as the several payments of veterans'\nbenefits under the Veterans' Readjustment Benefit Act of 1966, as\namended, are received by the veteran, provided that the veteran has\nfiled a claim for such benefits and presents to the state university\nproof of eligibility, extent of entitlement to benefits and the need for\ndeferral until the receipt of such benefits.\n  (3) (i) Such regulations shall further provide that the payment of\ntuition and fees by any student in any state-operated institution of the\nstate university who is a member or the spouse or the dependent of a\nmember of the armed forces of the United States on full-time active duty\nand stationed in this state, whether or not a resident of the state,\nshall be paid at a rate or charge no greater than that imposed for\nstudents thereat who are residents of this state.\n  (ii) Such regulations shall further provide that the payment of\ntuition and fees by any student who is not a resident of New York state\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of the state if such student is enrolled in\nan institution or educational unit of the state university and is\nattending such institution or educational unit in accordance with the\nfederal GI bills and in compliance with all applicable eligibility\nrequirements thereof.\n  (iii) Such regulations shall further provide that the payment of\ntuition and fees by any student who is not a resident of New York state\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of this state if such student is enrolled in\nan institution or educational unit of the state university and is the\nspouse or the dependent of a member of the armed forces of the United\nStates on full-time active duty and not stationed in this state\nimmediately following being stationed therein.\n  (3-a) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the state university trustees shall be\nauthorized to set a reduced rate of tuition and/or fees, or to waive\ntuition and/or fees entirely, for students participating in any dual or\nconcurrent enrollment program with no reduction in other state, local,\nor other support for such students earning college credit that such\nhigher education partner would otherwise be eligible to receive;\nprovided that, for purposes of this provision, a dual or concurrent\nenrollment program shall mean one or more college courses taken by a\nhigh school student through a state-operated institution while such\nstudent is still enrolled in high school or boards of cooperative\neducational services and for which the student may receive both high\nschool and college credit.\n  * (4) The trustees shall not impose a differential tuition charge\nbased upon need or income. Except as hereinafter provided, all students\nenrolled in programs leading to like degrees at state-operated\ninstitutions of the state university shall be charged a uniform rate of\ntuition except for differential tuition rates based on state residency.\nProvided, however, that the trustees may authorize the presidents of the\ncolleges of technology and the colleges of agriculture and technology to\nset differing rates of tuition for each of the colleges for students\nenrolled in degree-granting programs leading to an associate degree and\nnon-degree granting programs so long as such tuition rate does not\nexceed the tuition rate charged to students who are enrolled in like\ndegree programs or degree-granting undergraduate programs leading to a\nbaccalaureate degree at other state-operated institutions of the state\nuniversity of New York. Notwithstanding any other provision of this\nsubparagraph, the trustees may authorize the setting of a separate\ncategory of tuition rate, that shall be greater than the tuition rate\nfor resident students and less than the tuition rate for non-resident\nstudents, only for students enrolled in distance learning courses who\nare not residents of the state. Except as otherwise authorized in this\nsubparagraph, the trustees shall not adopt changes affecting tuition\ncharges prior to the enactment of the annual budget, provided however\nthat:\n  (i) Commencing with the two thousand eleven--two thousand twelve\nacademic year and ending in the two thousand fifteen--two thousand\nsixteen academic year the state university of New York board of trustees\nshall be empowered to increase the resident undergraduate rate of\ntuition by not more than three hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided however that commencing with the two\nthousand eleven--two thousand twelve academic year and ending in the two\nthousand sixteen--two thousand seventeen academic year if the annual\nresident undergraduate rate of tuition would exceed five thousand\ndollars, then a tuition credit for each eligible student, as determined\nand calculated by the New York state higher education services\ncorporation pursuant to section six hundred eighty-nine-a of this title,\nshall be applied toward the tuition charged for each semester, quarter\nor term of study. Tuition for each semester, quarter or term of study\nshall not be due for any student eligible to receive such tuition credit\nuntil the tuition credit is calculated and applied against the tuition\ncharged for the corresponding semester, quarter or term.\n  (ii) Commencing with the two thousand seventeen--two thousand eighteen\nacademic year and ending in the two thousand twenty--two thousand\ntwenty-one academic year the state university of New York board of\ntrustees shall be empowered to increase the resident undergraduate rate\nof tuition by not more than two hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided, however that if the annual resident\nundergraduate rate of tuition would exceed five thousand dollars, then a\ntuition credit for each eligible student, as determined and calculated\nby the New York state higher education services corporation pursuant to\nsection six hundred eighty-nine-a of this title, shall be applied toward\nthe tuition charged for each semester, quarter or term of study. Tuition\nfor each semester, quarter or term of study shall not be due for any\nstudent eligible to receive such tuition credit until the tuition credit\nis calculated and applied against the tuition charged for the\ncorresponding semester, quarter or term. Provided, further that the\nrevenue resulting from an increase in the rate of tuition shall be\nallocated to each campus pursuant to a plan approved by the board of\ntrustees to support investments in new classroom faculty, instruction,\ninitiatives to improve student success and on-time completion and a\ntuition credit for each eligible student.\n  (iii) On or before November thirtieth, two thousand seventeen, the\ntrustees shall approve and submit to the chairs of the assembly ways and\nmeans committee and the senate finance committee and to the director of\nthe budget a master tuition plan setting forth the tuition rates that\nthe trustees propose for resident undergraduate students for the four\nyear period commencing with the two thousand seventeen--two thousand\neighteen academic year and ending in the two thousand twenty--two\nthousand twenty-one academic year, and shall submit any proposed\namendments to such plan by November thirtieth of each subsequent year\nthereafter through November thirtieth, two thousand twenty, and provided\nfurther, that with the approval of the board of trustees, each\nuniversity center may increase non-resident undergraduate tuition rates\neach year by not more than ten percent over the tuition rates of the\nprior academic year for a six year period commencing with the two\nthousand eleven--two thousand twelve academic year and ending in the two\nthousand sixteen--two thousand seventeen academic year.\n  (iv) Beginning in state fiscal year two thousand twelve-two thousand\nthirteen and ending in state fiscal year two thousand fifteen--two\nthousand sixteen, the state shall appropriate and make available general\nfund operating support, including fringe benefits, for the state\nuniversity in an amount not less than the amount appropriated and made\navailable in the prior state fiscal year; provided, however, that if the\ngovernor declares a fiscal emergency, and communicates such emergency to\nthe temporary president of the senate and speaker of the assembly, state\nsupport for operating expenses at the state university and city\nuniversity may be reduced in a manner proportionate to one another, and\nthe aforementioned provisions shall not apply.\n  (v) Beginning in state fiscal year two thousand seventeen--two\nthousand eighteen and ending in state fiscal year two thousand\ntwenty--two thousand twenty-one, the state shall appropriate and make\navailable general fund operating support, including fringe benefits, for\nthe state university in an amount not less than the amount appropriated\nand made available in the prior state fiscal year; provided, however,\nthat if the governor declares a fiscal emergency, and communicates such\nemergency to the temporary president of the senate and speaker of the\nassembly, state support for operating expenses at the state university\nand city university may be reduced in a manner proportionate to one\nanother, and the aforementioned provisions shall not apply; provided\nfurther, the state shall appropriate and make available general fund\nsupport to fully fund the tuition credit pursuant to subdivision two of\nsection six hundred sixty-nine-h of this title.\n  (vi) For the state university fiscal years commencing two thousand\neleven--two thousand twelve and ending two thousand fifteen--two\nthousand sixteen, each university center may set aside a portion of its\ntuition revenues derived from tuition increases to provide increased\nfinancial aid for New York state resident undergraduate students whose\nnet taxable income is eighty thousand dollars or more subject to the\napproval of a NY-SUNY 2020 proposal by the governor and the chancellor\nof the state university of New York. Nothing in this paragraph shall be\nconstrued as to authorize that students whose net taxable income is\neighty thousand dollars or more are eligible for tuition assistance\nprogram awards pursuant to section six hundred sixty-seven of this\nchapter.\n  * NB Effective until July 1, 2027\n  * (4) The trustees shall not impose a differential tuition charge\nbased upon need or income. All students enrolled in programs leading to\nlike degrees at state-operated institutions of the state university\nshall be charged a uniform rate of tuition except for differential\ntuition rates based on state residency. Provided, however, that the\ntrustees may authorize the presidents of the colleges of technology and\nthe colleges of agriculture and technology to set differing rates of\ntuition for each of the colleges for students enrolled in\ndegree-granting programs leading to an associate degree and non-degree\ngranting programs so long as such tuition rate does not exceed the\ntuition rate charged to students who are enrolled in like degree\nprograms or degree-granting undergraduate programs leading to a\nbaccalaureate degree at other state-operated institutions of the state\nuniversity of New York.  Notwithstanding any other provision of this\nsubparagraph, the trustees may authorize the setting of a separate\ncategory of tuition rate, that shall be greater than the tuition rate\nfor resident students and less than the tuition rate for non-resident\nstudents, only for students enrolled in distance learning courses who\nare not residents of the state. The trustees shall not adopt changes\naffecting tuition charges prior to the enactment of the annual budget.\n  * NB Effective July 1, 2027\n  (4-a) Notwithstanding any law, rule, regulation, or practice to the\ncontrary and following the review and approval of the chancellor of the\nstate university or his or her designee, the board of trustees may raise\nnon-resident undergraduate rates of tuition by not more than ten percent\nover the tuition rates of the prior academic year for the following\ndoctoral degree granting institutions of the state university of New\nYork: the state university of New York college of environmental science\nand forestry as defined in article one hundred twenty-one of this\nchapter, downstate medical center, upstate medical center, and the\ncollege of technology at Utica-Rome/state university polytechnic\ninstitute for a four year period commencing with the two thousand\ntwenty--two thousand twenty-one academic year and ending in the two\nthousand twenty-three--two thousand twenty-four academic year provided\nthat such rate change is approved annually prior to board of trustees\naction by the chancellor of the state university or his or her designee.\n  (4-a-1) Notwithstanding any law, rule, regulation or practice to the\ncontrary and following the review and approval of the chancellor of the\nstate university or such chancellor's designee, the board of trustees\nmay annually impose differential tuition rates on non-resident\nundergraduate and graduate rates of tuition for state-operated\ninstitutions commencing with the two thousand twenty-three--two thousand\ntwenty-four academic year and ending in the two thousand\ntwenty-eight--two thousand twenty-nine academic year, provided that such\nrates are competitive with the rates of tuition charged by peer\ninstitutions and that the board of trustees annually provide the reason\nand methodology behind any rate increase to the governor, the temporary\npresident of the senate, and the speaker of the assembly prior to the\napproval of such increases.\n  (4-b) In state fiscal year two thousand twenty-two--two thousand\ntwenty-three and thereafter, the state shall appropriate and make\navailable general fund operating support in the amount of the tuition\ncredit calculated pursuant to section six hundred eighty-nine-a of this\nchapter annually.\n  (5) The trustees shall further provide standards for the granting of\nadvanced standing to veterans applying for college admissions at the\nstate university, who have successfully completed United States Armed\nForces Institute or other comparable course work.\n  (6) Where an undergraduate state-operated institution of the state\nuniversity is located adjacent to another institution of higher\neducation and students of such undergraduate state operated institution\nare, under arrangements made by the state university, taking a\nsubstantial portion of their courses at such other institution, the\nstate university trustees may permit the students of such undergraduate\nstate-operated institution, subject to such conditions or limitations as\nthey deem advisable, to participate in the extra-curricular activities\nand utilize services of such other institution if those privileges are\nextended by such other institution.\n  (7) In formulating the curriculum of each state-operated institution\nin the state university for professional education in medicine there\nshall be required and included in such curriculum and in the plans and\nrecommendations of the state university trustees formulated and\ntransmitted in pursuance of the provisions of section three hundred\nfifty-four of this chapter, courses and facilities, which in the\njudgment of the trustees shall be best suited to encourage and to\nimplement the study and preparation, by students desiring the same, for\nthe family practice of medicine. Such courses and facilities shall\ninclude: the establishment and maintenance of a department of family\npractice under the direction of a qualified family practitioner, courses\nof study under the supervision of qualified family practitioners, a\nfamily care program of study and clinical experience, a program of\npreceptorships, and a program of internships or family practice\nresidencies in the hospital or hospitals affiliated with such respective\nschool.\n  (8) Such regulations shall further provide that the payment of tuition\nand fees by any student who is not a resident of New York state, other\nthan a non-immigrant noncitizen within the meaning of paragraph (15) of\nsubsection (a) of section 1101 of title 8 of the United States Code,\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of the state if such student:\n  (i) attended an approved New York high school for two or more years,\ngraduated from an approved New York high school and applied for\nattendance at an institution or educational unit of the state university\nwithin five years of receiving a New York state high school diploma; or\n  (ii) attended an approved New York state program for general\nequivalency diploma exam preparation, received a general equivalency\ndiploma issued within New York state and applied for attendance at an\ninstitution or educational unit of the state university within five\nyears of receiving a general equivalency diploma issued within New York\nstate; or\n  (iii) was enrolled in an institution or educational unit of the state\nuniversity in the fall semester or quarter of the two thousand one--two\nthousand two academic year and was authorized by such institution or\neducational unit to pay tuition at the rate or charge imposed for\nstudents who are residents of the state.\n  A student without lawful immigration status shall also be required to\nfile an affidavit with such institution or educational unit stating that\nthe student has filed an application to legalize his or her immigration\nstatus, or will file such an application as soon as he or she is\neligible to do so.\n  (9) The trustees shall review any proposed community college tuition\nincrease and the justification for such increase. The justification\nprovided by the community college for such increase shall include a\ndetailed analysis of ongoing operating costs, capital, debt service\nexpenditures, and all revenues.\n  (10) Such regulations shall further provide that any student who is\nnot a legal resident of New York state but is a United States citizen, a\npermanent lawful resident, an individual who is granted U or T\nnon-immigrant status pursuant to the Victims of Trafficking and Violence\nProtection Act of 2000, a person granted temporary protected status\npursuant to the Federal Immigration Act of 1990, an individual of a\nclass of refugees paroled by the attorney general of the United States\nunder his or her parole authority pertaining to the admission of\nnoncitizens to the United States, or an applicant without lawful\nimmigration status may have the payment of tuition and other fees and\ncharges reduced by state-aided programs, scholarships or other financial\nassistance awarded under the provisions of articles thirteen,\nthirteen-A, fourteen and fourteen-A of this chapter, provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable.\n  * (11) (i) For purposes of this subparagraph, "Team USA athlete" means\nany student athlete who meets the eligibility standards defined and\napproved by the United States Olympic and Paralympic Committee and by\nthe national governing body for the sport in which the athlete competes.\n  (ii) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation and pursuant to an appropriation and\nfunding being made for such purpose, such regulations shall further\nprovide that the payment of tuition and fees by any student who is not a\nresident of New York state shall be paid at a rate or charge no greater\nthan that imposed for students who are residents of this state if such\nstudent is enrolled in an institution or educational unit of the state\nuniversity, is a Team USA athlete, and is training in New York State in\nan elite level program approved by the United States Olympic and\nParalympic Committee.\n  * NB There are 2 sbpar (11)'s\n  * (11) Notwithstanding any law, rule or regulation to the contrary,\nsuch regulations shall provide for eligibility of admission for students\nwho have completed an online high school program which (i) has in excess\nof ten thousands students per year nationally complete such program,\n(ii) is located within the United States, and (iii) is accredited in\naccordance with paragraph four of appendix three hundred two of the Job\nCorps Policy and Requirements Handbook (Guidelines for the Ongoing\nQuality Monitoring of Job Corps High School Diploma (HSD) Programs), as\namended from time to time;\n  * NB There are 2 sbpar (11)'s\n  i. To lease to alumni associations of institutions of the state\nuniversity a portion of the grounds occupied by any institution of the\nstate university, for the erection thereon of dormitories to be used by\nstudents in attendance at such institutions. The terms of any lease and\nthe character of the building to be erected shall be determined by the\nstate university trustees. Such lease, prior to its execution, shall be\nsubmitted to the attorney general for his approval as to its form,\ncontents and legal effect. Nothing contained in this paragraph shall\naffect the provisions of any lease heretofore executed by a board of\nvisitors of any state-operated institution pursuant to law. The state\nuniversity trustees may similarly enter into an agreement with an alumni\nassociation of an institution of the state university to furnish heat\nfrom a central heating plant to any dormitory erected by such alumni\nassociation. Any such dormitory shall not be subject to taxation for any\npurpose.\n  j. To enter into a boundary line agreement for, on behalf of, and in\nthe name of the people of the state of New York whenever a mistake has\nbeen made or an honest dispute exists as to the location of the division\nline between land owned by the state, which is under the jurisdiction,\ncare, custody or control of the state university trustees, and adjoining\nland not owned by the state. Such an agreement shall fix and determine\nthe division line between such lands, subject to the approval of the\nattorney general as to form, content and manner of execution.\n  k. To enlist and accept the cooperation of municipal authorities in\nobtaining the use of public buildings, lands, property and other\nfacilities, or portions thereof, under the jurisdiction of such\nmunicipal authorities, for the purposes of the state university. Such\nappropriate municipal authorities are hereby authorized to permit the\nuse of public buildings, lands, property and other facilities or\nportions thereof under their jurisdiction for the purposes of the state\nuniversity, with or without rental or other charges.\n  l. To appoint university police officers who shall have the powers of\npolice officers and to remove such police officers at pleasure;\nprovided, however, that any person appointed a police officer must have\nsatisfactorily completed or complete within one year of the date of his\nappointment a course of law enforcement training approved by the\nmunicipal police training council in consultation with the university.\nIt shall be the duty of such police officers to preserve law and order\non the campuses and other property of the university, including any\nportion of a public highway which crosses or abuts such property.\nSubject to the approval of the chancellor, the president of each\nstate-operated campus of the state university shall enter into a written\nagreement with adjoining law enforcement agencies establishing protocols\nfor the exercise of authority by such university police officer\noff-campus, including mutual aid and assistance. Such written protocols\nshall not be deemed to supersede the authority of other police officers.\nThe provisions of this paragraph shall not apply to any of the state\ninstitutions and property referred to in section five thousand seven\nhundred nine of this chapter.\n  m. To name and rename any state-operated institution of the state\nuniversity after consultation with its council.\n  n. To enter into a contract with the board of education of a city or\nschool district in which a state-operated institution is located for the\neducation by such college, for such period of time as may be agreed\nupon, of all or part of the children of legal school age residing in\nsuch city or school district. A board of education in such a city or\nschool district is hereby authorized and empowered to enter into such\ncontracts with the state university trustees, subject to the approval of\nthe commissioner of education, and to perform all necessary acts to\ncarry out the purposes of this paragraph.\n  o. To conduct or authorize the conduct of research and experiments at\nstate-operated institutions of the state university in the field or,\npursuant to agreements therefor, in industrial and commercial plants, in\nconnection with the educational programs of the state university,\nincluding projects involving the care, preservation, utilization and\nmanagement of natural resources and the disposition of crops and other\nproducts incidental thereto.\n  p. To perform such other acts as may be necessary or appropriate to\ncarry out effectively the objects and purposes of the state university\nas specified in this article.\n  q. To prepare and adopt, within the amounts appropriated therefor,\nplans for land acquisition, state university development and expansion,\nspace needs and uses and for the construction, acquisition,\nreconstruction, rehabilitation and improvement of academic buildings,\ndormitories and other facilities required or to be required for the\nstate-operated institutions and the statutory or contract colleges, and\nfor such planning functions to retain or employ private architects,\nengineers and artists, or firms thereof, or other and different\nconsultants for proposed projects and for the preparation of space\nrequirements, cost estimates, preliminary plans, budgetary\njustifications, and construction standards. During the selection of\nprojects for such plans, the trustees shall, where applicable, give due\nconsideration to projects that support improvements in environmental\nprotection, energy and resource management, solar energy and\nconservation with particular consideration given to a project's\npotential to generate cost savings over time.\n  r. To cooperate with and assist the state university construction fund\nin the construction, acquisition, reconstruction, rehabilitation and\nimprovement of academic buildings, dormitories and other facilities\npursuant to article eight-A of this chapter, and to approve the\narchitectural concept of all such construction projects.\n  s. To lease or make available to the state university construction\nfund, the dormitory authority or other public benefit corporation, the\nNew York state teachers' retirement system, the New York state\nemployees' retirement system, or a business that intends to locate in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law, a portion of the grounds or real property occupied by a\nstate-operated institution or statutory or contract college for the\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof academic buildings, dormitories or other facilities thereon pursuant\nto article eight-A of this chapter and for the purpose of facilitating\nsuch construction, acquisition, reconstruction, rehabilitation or\nimprovement, to enter into leases and agreements for the use of any such\nacademic building, dormitory or other facility in accordance with the\nprovisions of section three hundred seventy-eight of this chapter;\nprovided, however, that nothing herein contained shall affect the\nprovisions of any lease or agreement heretofore executed by the state\nuniversity with the dormitory authority. The state university trustees\nmay also enter into agreements with the state university construction\nfund, the dormitory authority or other public benefit corporation, the\nNew York state teachers' retirement system, the New York state\nemployees' retirement system or any business that intends to locate in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law, to furnish heat from a central heating plant to any\nacademic building, dormitory or other facility erected by them or with\nmoneys supplied by them. Any such academic building, dormitory or other\nfacility shall not be subject to taxation for any purpose.\n  t. The trustees shall have the power to lease or make available to a\nnot-for-profit corporation or political subdivision of the state, or the\nstate, or the office for the aging, for the purposes set forth in\nsection sixteen hundred seventy-seven of the public authorities law;\npertaining to the use of dormitory authority facilities by the aged,\nfacilities or portions thereof located on the grounds or real property\noccupied by a state-operated institution or statutory or contract\ncollege, which facilities are owned by or mortgaged to the dormitory\nauthority. Such leases and agreements shall be upon such terms and\nconditions as may be agreed upon between the parties thereto, provided\nthat any such lease or agreement shall be subject to the approval of the\ndormitory authority. Nothing herein contained shall affect the\nprovisions of any lease or agreement heretofore executed by the state\nuniversity with the dormitory authority, or any other agency.\n  u. To establish a water conservation program for academic buildings,\ndormitories and other facilities of the state university. Such program\nshall include a survey of water use and conservation in such buildings.\n  v. To cooperate with and assist the state university construction fund\nin the construction of academic incubator facilities. "Academic\nincubator facilities" as used in this chapter shall mean facilities\nproviding low-cost space, technical assistance, support services and\neducational opportunities, including but not limited to central services\nshared by tenants of the facility, to new high technology companies in\nthe formative stages of development through a partnership with the state\nuniversity and shall be state university educational facilities under\nsubdivision twenty-eight of section sixteen hundred seventy-six of the\npublic authorities law. Academic incubator facilities shall promote job\ncreation, entrepreneurship, technology transfer and provide support\nservices to incubator tenants, including, but not limited to, business\nplanning, management assistance, financial-packaging, linkages to\nfinancing sources, and coordination with other sources of assistance.\n  w. When authorized by law, to cooperate with and assist the state\nuniversity construction fund in the acquisition and development of sites\nfor university-related economic development facilities as defined in\nsection three hundred seventy-two-a of this title.\n  x. To enter into one or more agreements with the dormitory authority\nto provide financial assistance on behalf of the state, as provided in\nsubdivision eight of section six thousand three hundred four of this\nchapter, to the local sponsors of community colleges for the design,\nacquisition, construction, reconstruction, rehabilitation or improvement\nof one or more facilities for locally sponsored community colleges\nincluding the furnishing and equipping of such facilities pursuant to\nsection six thousand three hundred four of this chapter. Each such\nagreement shall provide for annual payments to the dormitory authority\nfrom the state aid or other financial assistance provided to the local\nsponsors of such community colleges and paid into the community college\ntuition and instructional fund pursuant to paragraph (iii) of\nsubdivision two of section ninety-seven-p of the state finance law, and\nmay contain such other terms and conditions as may be agreed upon by the\nparties thereto, including, but not limited to, provisions relating to\nthe establishment of reserve funds and indemnities. Each such agreement\nshall be subject to the approval of the director of the budget.\n  y. To better secure dormitory authority bonds issued in connection\nwith dormitory facilities, including dormitory facility revenue bonds,\nthe state university of New York is hereby authorized, in its own name,\nto assign or otherwise transfer to the dormitory authority any or all of\nthe state university's rights, title and interest in and to the\ndormitory facility revenues, and to enter into agreements with the\ndormitory authority pursuant to subdivision two of section sixteen\nhundred eighty-q of the public authorities law in furtherance of such\nassignment or transfer. Any assignment or transfer made pursuant to this\nparagraph shall constitute a true sale and absolute transfer of the\ndormitory facilities revenues. The characterization of such assignment\nor transfer shall not be negated or adversely affected by the retention\nby the state university of New York of any ownership interest in the\ndormitory facilities revenues or of any residual right to payment of any\ndormitory facility revenues remaining in the dormitory facilities\nrevenue fund after the moneys therein have been applied in accordance\nwith paragraph (b) of subdivision three of section sixteen hundred\neighty-q of the public authorities law. All rights, title and interest\nin and to any moneys paid to or upon the order of the state university\nof New York pursuant to any agreement by and between the dormitory\nauthority and the state university of New York entered into pursuant to\nsubdivision two of section sixteen hundred eighty-q of the public\nauthorities law or pursuant to any agreement entered into pursuant to\nparagraph j of subdivision two of section sixteen hundred eighty of the\npublic authorities law shall vest in the state university of New York\nand be the absolute property of the state university of New York, and\nthe dormitory authority shall no longer have any interest in such\nmoneys.\n  z. In connection with business/university partnerships in support of\nthe corporate purposes of the state university, to participate in joint\nand cooperative arrangements with businesses that have located in a\ntax-free NY area approved pursuant to article twenty-one of the economic\ndevelopment law provided such arrangements are consistent with the\napproved plan for such tax-free NY area.\n  2-a. Notwithstanding any other provision of law, rule, or regulation\nto the contrary, the state university trustees charter school committee,\nas a charter entity, are further authorized and empowered, to promulgate\nregulations with respect to governance, structure and operations of\ncharter schools for which they are the charter entity pursuant to\nsection twenty-eight hundred fifty-one of this chapter.\n  3. The state university trustees shall adopt and implement a patent\npolicy for research conducted in university facilities which is\nconsistent with the university's mission of education, scholarly\nresearch and public service. Such policy shall be designed to encourage\nresearch activities which produce new knowledge which is of benefit to\nthe public and which may result in the development of new products and\nprocesses which are likely to improve the quality of life and the\nstandard of living of the people of the state, contribute to increased\nproductivity and advance the public health, safety and welfare. Such\npolicy shall also provide appropriate incentives for participation by\nprivate sector business concerns in efforts to develop and utilize\npatents orginated in conjunction with such research and to commercialize\nnew products and processes based on the results of such research. The\ntrustees, when it is deemed necessary to fulfill the objectives of this\nsubdivision, shall adopt and implement appropriate modifications to such\npolicy. The trustees shall include in the annual report required by\nsection three hundred fifty-nine of this chapter an evaluation of the\neffectiveness of the policy adopted pursuant to this subdivision\ntogether with a synopsis of any changes in that policy adopted during\nthe previous year.\n  4. Notwithstanding the provisions of section forty-four, fifty, or\nfifty-one of the state finance law or any other provision of law to the\ncontrary, the state university trustees are authorized and empowered:\n  a. To review and coordinate the budget and appropriation requests of\nall state-operated institutions and statutory or contract colleges and\ncombine these requests with the fiscal requirements for institutions of\nhigher education specified in section three hundred fifty-eight hereof\ninto a university program budget for submission to the governor together\nwith appropriate comments by the trustees of the independent\ninstitutions operating statutory or contract colleges on behalf of the\nstate regarding the portion of the program budget which relates to such\ncolleges. Such submission shall be made pursuant to the provisions of\nsection twenty-two of the state finance law.\n  b. To expend all lump sum or consolidated appropriations and other\nappropriations made for the state university, including all moneys\nderived from other sources in the course of the administration thereof.\nWithin aggregate funds available for expenditure pursuant to section\nforty-nine of the state finance law, the state comptroller shall draw\nwarrants for the payment of all vouchers approved by the chancellor of\nthe state university, as the chief administrative officer of the state\nuniversity, or by such authority or authorities in the state university\nas shall be designated by the chancellor by a rule or written direction\nfiled with the state comptroller, when and in the manner authorized by\nthe state university trustees. Such lump sum or consolidated\nappropriations made for personal service, or for maintenance and\noperation or for non-personal service, or maintenance undistributed\nincluding personal service, other than appropriations from proprietary\nor fiduciary funds, shall be available for payments for personal\nservice, or maintenance and operation or for non-personal service, or\nfor maintenance undistributed including personal service upon the filing\nof a schedule of positions and salaries provided, however, that the\nsalary of the chancellor shall be in accordance with section one hundred\nsixty-nine of the executive law and that the portions of the salaries\nfunded from state appropriations for the presidents and senior staff\nshall not exceed that of the chancellor and the amounts to be available\nfor other personal service classes of expenditure, and for the expenses\nof maintenance and operation, or for non-personal service with the\ndirector of the budget, chairman of the senate finance committee,\nchairman of the assembly ways and means committee, and the state\ncomptroller. Any such schedule may be amended and such amendment shall\nbe filed with the officers named above. The state comptroller is\nauthorized to pay any amounts required for the salaries and related\nemployment benefits of state university employees from any\nappropriations or other funds available therefor. In regard to the state\nuniversity, the budget director shall exercise the authority granted\nunder section forty-nine of the state finance law by establishing an\naggregate amount available for expenditure for the state university from\nthe aggregate appropriations made, by funding source, for the state\nuniversity in the state operations appropriations act, rather than by\nmaking the specific approvals and by filing the certificates of such\napprovals authorized by section forty-nine of the state finance law. The\nschedule of positions and salaries required to be filed by the budget\ndirector pursuant to section forty-nine of the state finance law shall\nbe replaced by the schedule of positions and salaries filed by the state\nuniversity pursuant to this paragraph. If the director of the budget,\npursuant to section forty-nine of the state finance law, shall establish\nas available for expenditure an aggregate amount less than that\ncontained in the appropriations made for the state university in the\nstate operations appropriations act, the board of trustees shall within\nthirty days of the action of the director of the budget file with the\ncomptroller, with an informational copy to the budget director and to\nthe chairs of the assembly ways and means and senate finance committees,\na certificate allocating such lesser amount in no greater detail than\nprovided for in the state operations appropriations act. In the event\nthat the board has failed to file such certification within such thirty\nday period, the budget director may issue a certificate of availability\nfor the state university reflecting such amount in no greater detail\nthan provided for in the state operations appropriations act.\n  c. To increase or decrease appropriations by transfer or interchange\nas follows:\n  (1) Amounts appropriated for the programs or purposes or for any item\nor items within such programs or purposes of any individual\nstate-operated institution and the statutory or contract colleges of the\nstate university, including state university central administration\nwithin the schedules of such units or for any individual hospital within\nthe schedule of hospitals of the state university from a particular fund\nor funds in a fiscal year may be interchanged between such programs or\npurposes of such unit or hospital of state university, or between items\nwithin the same program or purpose, or with other items appropriated\nfrom such fund not in the same program or purpose, but which are\ncontained in the state comptroller's classification of items as last\npromulgated pursuant to a certificate of allocation. Such certificate\nshall be submitted by such units to the board of trustees of the state\nuniversity. Such certificate shall be submitted by the board of trustees\nto the state comptroller with copies to be sent to the chairs of the\nsenate finance committee and the assembly ways and means committee and\nthe director of the budget for informational purposes only. The total\namount appropriated for any program or purpose may be decreased by not\nmore than the aggregate of five percent of such appropriation for a\nprogram or purpose with the approval of the units or hospitals or such\namounts may be decreased by more than the aggregate of five percent of\nsuch appropriation with the approval of the state university trustees.\n  (2) Amounts appropriated to state-operated institutions and statutory\nor contract colleges within the schedule of such units or to hospitals\nwithin the schedule of hospitals of the state university from a\nparticular fund or funds in a fiscal year for the programs or purposes\nof such units or hospitals of the state university may be transferred\nbetween and among such units or hospitals pursuant to a certificate of\nallocation, submitted directly by the state university to the state\ncomptroller, with copies of such certificates to be sent to the chairs\nof the senate finance committee and the assembly ways and means\ncommittee and the director of the budget for informational purposes\nonly. The total amount appropriated for any unit may not be decreased by\nmore than the aggregate of three percent of an appropriation for a unit\nor the aggregate of ten percent of an appropriation for a hospital.\n  (3) Amounts appropriated for programs or purposes, or for any item\nwithin such programs or purposes, within the university-wide program\nschedule of state university from a particular fund or funds in a fiscal\nyear shall not be decreased by means of transfer or interchange by more\nthan the aggregate of four percent of an appropriation for a program or\npurpose within such schedule.\n  (4) Amounts appropriated for hospitals within the hospital schedule of\nthe state university from a particular fund or funds in a fiscal year\nfor programs or purposes of such hospitals shall not be increased or\ndecreased by means of transfer or interchange from the amounts\nappropriated to the state-operated institutions and the statutory or\ncontract colleges, university-wide programs, or central administration\nof the state university. The aggregate appropriation for the hospital\nschedule shall not be increased or decreased by such transfers of\nappropriations.\n  (5) Amounts appropriated for the central administration of the state\nuniversity within the central administration schedule from a particular\nfund or funds in a fiscal year for programs or purposes including, but\nnot limited to, administration of state-operated institutions and\nstatutory or contract colleges, university-wide programs, and hospitals\nof the state university shall not be increased by means of transfer or\ninterchange by more than five percent of the aggregate appropriation\nwithin such schedule.\n  (6) Notwithstanding the foregoing provisions of this subdivision,\nwhenever the director of the budget, pursuant to section forty-nine of\nthe state finance law, shall establish an aggregate amount less than\nthat contained in the state operations appropriations act, the trustees\nmay transfer or interchange any or all of such lesser amount among any\nof the programs or purposes or items without regard to the restrictions\nprovided in this subdivision.\n  (7) On the fifteenth day of October, January, April and July of each\nyear, the state university shall provide the chair of the senate finance\ncommittee and the assembly ways and means committee, the state\ncomptroller and the director of the budget with quarterly reports of all\ntransfers or interchanges made by the state university pursuant to this\nsection, with such reports to include the program impact of each\ntransfer or interchange. The allocation of lump sum appropriations from\na fund or funds made to the state university for later distribution to\nstate operated institutions, statutory or contract colleges, hospitals\nand/or central administration of the state university or the allocation\nof lump sum appropriations made to all state departments and agencies\nfor later allocation for specific programs or purposes or units of the\nstate university shall not be deemed to be part of any total increase or\ndecrease authorized by this section.\n  5. Notwithstanding the provisions of subdivision two of section one\nhundred twelve and sections one hundred fifteen, one hundred sixty-one,\nand one hundred sixty-three of the state finance law and section three\nof the New York state printing and public documents law or any other law\nto the contrary, the state university trustees are authorized and\nempowered to:\n  a. (i) purchase materials, proprietary electronic information\nresources including but not limited to academic, professional, and\nindustry journals, reference handbooks and manuals, research tracking\ntools, indexes and abstracts; and equipment and supplies, including\ncomputer equipment and motor vehicles, where the amount for a single\npurchase does not exceed seventy-five thousand dollars, (ii) execute\ncontracts for services and construction contracts to an amount not\nexceeding seventy-five thousand dollars, and (iii) contract for printing\nto an amount not exceeding seventy-five thousand dollars, without prior\napproval by any other state officer or agency, but subject to rules and\nregulations of the state comptroller not otherwise inconsistent with the\nprovisions of this section and in accordance with the guidelines\npromulgated by the state university board of trustees after consultation\nwith the state comptroller. In addition, the trustees, after\nconsultation with the commissioner of general services, are authorized\nto annually negotiate with the state comptroller increases in the\naforementioned dollar limits and the exemption of any articles,\ncategories of articles, services, or commodities from these limits;\n  b. establish cash advance accounts for the purpose of purchasing\nmaterials, supplies, or services, for cash advances for travel expenses\nand per diem allowances, or for advance payment of wages and salary. The\naccount may be used to purchase such materials, supplies, or services\nwhere the amount of a single purchase does not exceed one thousand\ndollars, in accordance with such guidelines as shall be prescribed by\nthe state university trustees after consultation with the state\ncomptroller;\n  c. establish guidelines in consultation with the commissioner of\ngeneral services authorizing participation by the state university in\nprograms administered by the office of general services for the purchase\nof available New York state food products. The commissioner of general\nservices shall provide assistance to the state university necessary to\nenable the university to participate in these programs; and\n  d. award contract extensions for campus transportation without\ncompetitive bidding where such contracts were secured either through\ncompetitive bidding or through evaluation of proposals however such\nextensions may be rejected if the amount to be paid to the contractor in\nany year of such proposed extension fails to reflect any decrease in the\nregional consumer price index for the New York, New York-Northeastern,\nNew Jersey area, based upon the consumer price index for all urban\nconsumers (CPI-U) during the preceding twelve-month period. At the time\nof any contract extension, consideration shall be given to any\ncompetitive proposal offered by a public transportation agency. Such\ncontract may be increased for each year of the contract extension by an\namount not to exceed the regional consumer price index increase for the\nNew York, New York-Northeastern, New Jersey area, based upon the\nconsumer price index for all urban consumers (CPI-U), during the\npreceding twelve-month period, provided it has been satisfactorily\nestablished by the contractor that there has been at least an equivalent\nincrease in the amount of his cost of operation, during the period of\nthe contract.\n  Guidelines promulgated by the state university board of trustees\nshall, to the extent practicable, require that competitive proposals be\nsolicited for purchases, and shall include requirements that purchases\nand contracts authorized under this section be at the lowest available\nprice, including consideration of prices available through other state\nagencies, consistent with quality requirements, and as will best promote\nthe public interest. Such purchases may be made directly from any\ncontractor pursuant to any contract for commodities let by the office of\ngeneral services or any other state agency.\n  6. To enter into any contract or agreement deemed necessary or\nadvisable after consultation with appropriate state agencies for\ncarrying out the objects and purposes of the state university without\nprior review or approval by any state officer or agency other than the\nstate comptroller and the attorney general including contracts with\nnon-profit corporations organized by officers, employees, alumni or\nstudents of the state university for the furtherance of its objects and\npurposes.  Contracts or agreements entered into with the federal\ngovernment to enable participation in federal student loan programs,\nincluding any and all instruments required thereunder, shall not be\nsubject to the requirements of section forty-one of the state finance\nlaw; provided, however, that the state shall not be liable for any\nportion of any defaults which it has agreed to assume pursuant to any\nsuch agreement in an amount in excess of money appropriated or otherwise\nlawfully available therefor at the time the liability for payment\narises.\n  * 6-a. The state university trustees shall adopt guidelines for\nfoundations of state-operated campuses that require each foundation to\nadopt a conflict of interest policy applicable to such foundation and\nits affiliated corporations. Among other items, the state university\ntrustees' guidelines shall require such foundation policies to provide:\n(a) that service as a board member or officer thereof shall not be used\nas a means for private benefit or inurement for the board member or\nofficer, a relative thereof, or any entity in which the board member or\nofficer, or relative thereof, has a business interest; (b) no board\nmember or officer who is a vendor of goods or services to the foundation\nor its affiliated corporation, or who has a business interest in such\nvendor, or whose relative has a business interest in such vendor, shall\nvote on, or participate in the foundation's administration of, any\ntransaction with such vendor; and (c) a board member or officer shall\nadvise the chair of the foundation or its affiliated corporation of his\nor a relative's business interest in any such existing or proposed\nvendor with the foundation or its affiliate. The state university\ntrustees' guidelines shall define the nature of a business interest and\nthe closeness of a personal relation that bring a relationship within\nthe purposes of this subdivision.\n  * NB Repealed July 1, 2027\n  7. To refund or credit moneys paid to the state university for tuition\nor any other fee or charge imposed or received by the state university\ntrustees (1) where such moneys were not required by law or trustees'\nrule, to the extent of the amount paid; (2) where such moneys were in\nexcess of the amount required by law or trustees' rule, to the extent of\nsuch excess; (3) where registration or attendance at a state university\ninstitution is canceled or terminated prior to the expiration of an\nacademic term otherwise than by dismissal, to the extent prescribed by\nrule or otherwise by the state university trustees; provided, however,\nthat no moneys shall be refunded or credited unless application therefor\nis made within three years after receipt of such moneys by the state\nuniversity.\n  8. Except as otherwise provided herein, all moneys received by the\nstate university of New York and by state-operated institutions thereof\nfrom appropriations, tuition, fees, user charges, sales of products and\nservices and from all other sources, including sources and activities of\nthe state university which are intended by law to be self-supporting may\nbe credited to an appropriate fund or funds to be designated by the\nstate comptroller. The amounts so paid into such fund or funds which\nwere received by or for the state university shall be used for expenses\nof the state university in carrying out any of its objects and purposes\nand such amounts received by or for state-operated institutions of the\nstate university shall be used for expenses of the state university\nunder regulations prescribed by the state university trustees.\nNotwithstanding the foregoing provisions of this subdivision, all\ndormitory facilities revenues transferred to the dormitory authority by\nassignment or otherwise pursuant to paragraph y of subdivision two of\nthis section shall upon receipt by the state university acting as agent\nfor the dormitory authority be transferred and immediately paid without\nappropriation thereof to the commissioner of taxation and finance\npursuant to subdivision four of section four of the state finance law\nfor deposit to the dormitory facilities revenue fund.\n  8-a. All monies received by state university health care facilities\nfrom fees, charges, and reimbursement and from all other sources shall\nbe credited to a state university health care account in a fund to be\ndesignated by the state comptroller. Notwithstanding the provision of\nany law, rule or regulation to the contrary, a portion of such monies\ncredited may be transferred to a state university account as requested\nby the state university chancellor or his or her designee. Monies to\nestablish reserves for long-term expenses of state university health\ncare facilities and to fulfill obligations required for any contract for\nhealth care services authorized pursuant to subdivision sixteen of this\nsection may be designated by the state university as a reserve and\ntransferred to a separate contractual reserve account. The amounts in\nsuch accounts shall be available for use in accordance with paragraph b\nof subdivision four and subdivision eight of this section. Monies shall\nonly be expended from the state university health care account and the\ncontractual reserve account pursuant to appropriation. Notwithstanding\nany provision of this chapter, the state finance law or any other law to\nthe contrary, such appropriations shall remain in full force and effect\nfor two years from the effective date of the appropriation act making\nthe appropriation. Monies so transferred may be returned to the state\nuniversity health care account; provided, however, that funds in such\ncontractual reserve account must be sufficient to meet the obligations\nof all such contracts.\n  8-b. Notwithstanding the provision of any law, rule or regulation to\nthe contrary, the state university shall be entitled to annually receive\nan apportionment and payment of state assistance equal to all moneys\nderived as a result of the tuition increase, calculated as the\ndifference in the amount generated using the tuition rates authorized by\nthe state university trustees for the two thousand seven--two thousand\neight academic year and the amount generated using the tuition rates\nauthorized by state university trustees for the two thousand nine--two\nthousand ten academic year, pursuant to the following schedule: for the\ntwo thousand nine--two thousand ten academic year, the state university\nshall receive an amount equal to twenty percent of such tuition\nincrease; for the two thousand ten--two thousand eleven academic year,\nthe state university shall receive an amount equal to thirty percent of\nsuch tuition increase; for the two thousand eleven--two thousand twelve\nacademic year, the state university shall receive an amount equal to\nforty percent of such tuition increase; and for the two thousand\ntwelve--two thousand thirteen academic year, the state university shall\nreceive an amount equal to fifty percent of such tuition increase. Such\napportionment shall be for the enhanced investment in the state\nuniversity of the state of New York and shall be used to supplement, not\nsupplant, state gross general fund support, unless the director of the\nbudget determines that state fiscal conditions preclude such an outcome\nand, in which case, the director shall submit a report regarding the\nrecommended funding levels and whether the tuition increase\napportionment provisions of this subdivision have been complied with for\nthe state university of the state of New York to the chairs of the\nsenate finance committee and the assembly ways and means committee and\nthe chairs of the senate higher education committee and the assembly\nhigher education committee no later than fifteen days following the\nrelease of the executive budget.\n  9. Notwithstanding any other provision of this section, the state\nuniversity trustees may assign to the state university construction fund\nfor the corporate purposes of the fund all or any portion of any moneys\nreceived or to be received by the state university and by the\nstate-operated institutions which are not required by a donor or grantor\nto be used for other state university purposes.\n  10. The state university trustees may authorize the chief\nadministrative officer of each medical center of the state university\noperating in-patient or out-patient hospital facilities or clinic\nfacilities to compromise any claim which the state may have for care,\nmaintenance or treatment received or furnished to patients in such\nfacilities, in proper cases, where substantial justice will best be\nserved thereby. Any such compromise shall be subject to the prior\nwritten approval of the attorney general.\n  11. Notwithstanding any provision of law, rule or regulation to the\ncontrary, the state university trustees may authorize the chief\nadministrative officer of each medical center of the state university\noperating in-patient or out-patient hospital facilities or clinic\nfacilities to establish a system for the billing of patients for the\ncare, maintenance or treatment received or furnished to patients in such\nfacilities, which in proper cases or in the exercise of prudent fiscal\ndiscretion may allow for the payment of such charges by means of a\ncredit card or similar device. Such system may allow for the payment of\nsuch reasonable administrative fees as may be regularly imposed by a\nbanking institution or other credit service organization for the use of\nsuch credit devices. In establishing such system the chief\nadministrative officer shall seek the assistance of the state\ncomptroller who shall assist in developing such system so as to ensure\nthat state funds allocated to such medical centers shall be utilized in\nan economically feasible method.\n  12. The state comptroller, or a legally authorized representative of\nthe state comptroller, may accept from the state university in lieu of\nan examination of the books and accounts of state university, including\nits receipts and disbursements and any other matters relating to its\nfinancial standing, an external examination of its books and accounts\nmade at the request of state university.\n  13. Master capital plan. On or before November fifteenth of each year,\nthe trustees of the state university of New York shall approve and\nsubmit to the chairmen of the assembly ways and means committee and the\nsenate finance committee and to the director of the budget a master\ncapital plan setting forth the projects proposed to be constructed,\nreconstructed, rehabilitated or otherwise substantially altered pursuant\nto appropriations enacted or to be enacted during the succeeding five\nyears. Such plan shall specify the name, location, estimated total cost\nat the time the project is to be bid, the anticipated date or dates on\nwhich the design of such project is to commence, the proposed method of\nfinancing and the estimated economic life of each project. Such plan\nshall further specify whether proposed projects constitute new\nconstruction, substantial rehabilitation, moderate rehabilitation or\nminor rehabilitation and shall indicate how projects support\nimprovements in environmental protection, energy and resource\nmanagement, solar energy and conservation. Such criteria for each method\nof financing shall include, but not be limited to: (i) an analysis of\nprivate enterprise, federal and any other appropriate financing\nstandards, (ii) the consideration of the period of economic life of\nprojects as related to the method of financing, and (iii) project cost\nranges for the methods of financing. Such plan specification and\ncategories of construction shall be defined by the trustees, in\nconsultation with the state university construction fund.\n  Such capital master plan report shall also include, for each project\nover one-million dollars, a description of the project; expected\nconstruction start date; any changes to the previously reported start or\nexpected completion dates; any changes to the expected cost of the\nproject; the total cash encumbered for the project for the year and the\ntotal to date for the project; and the total cash expended for the\nproject for the year and the total to date for the project.\n  All projects that are reported under this subdivision shall be\nidentified by campus, the name of the specific facility for which the\nallocation is provided and a description of what the project is that is\nbeing provided.\n  14. Notwithstanding the provisions of any general, special or local\nlaw or charter, the state university trustees shall prepare or cause to\nbe prepared a development and operation plan for a state university\nathletic facility, as defined in section sixteen hundred eighty-e of the\npublic authorities law. Such development and operation plan shall be\nsubmitted to the director of the budget for approval not later than the\nfifteenth day of September of the fiscal year of the state. The director\nof the budget shall file a copy of such plan and approval thereof with\nthe chairpersons of the senate finance committee and the assembly ways\nand means committee. No proposed amendment to the plan shall be\neffective until submitted by the state university trustees and approved\nby, the director of the budget and filed by the director with the\nchairpersons of the senate finance committee and the assembly ways and\nmeans committee.\n  Such development and operation plan shall include, but not be limited\nto, provisions concerning the following:\n  (a) revenue and expense estimates for the succeeding three year period\ncommencing in the year of the completion of construction and beneficial\noccupancy of the state university athletic facility;\n  (b) the sources of revenues that are projected to be available to meet\nall costs of the operation, repair, maintenance and continuing use of\nthe state university athletic facility, and any net income remaining to\ncover subsequent annual debt service expenses, and evidence satisfactory\nto the state university of New York and the director of the budget that,\nconsistent with university and community use as set forth in this\nsection, revenues will be maximized and available when needed for the\nstate university athletic facility; and\n  (c) plans for the development, operation, repair, maintenance and\ncontinuing use of the state university athletic facility under the care,\ncustody, and management of the state university to include, but not be\nlimited to, athletic competition of the state university of New York at\nBuffalo, amateur sports, appropriate community events, and activities\nthat generate support for facility operations.\n  15. State university fiscal year. Notwithstanding any provision of\nthis chapter, the state finance law, or any other law to the contrary,\non and after the first day of July, nineteen hundred ninety-three, the\nfiscal year of the state university of New York, for the purposes of the\nbudget, appropriations, receipts and disbursements of state moneys and\nall other revenues of the state university, financial reporting, and all\nother affairs of the state university which are regulated in accordance\nwith or are based on a fiscal year, shall begin with the first day of\nJuly and end with the next following thirtieth day of June.\nAppropriations made for the state university for whatever purpose on the\nbasis of the state university fiscal year which at the close of such\nfiscal year shall cease to have force and effect except as to\nliabilities already incurred thereunder shall as to such liabilities\ncontinue in force and effect until the next succeeding thirtieth day of\nSeptember, on which date such appropriation shall lapse and no money\nshall thereafter be paid out of the state treasury or any of its funds\nor any of the funds under its management pursuant to such appropriation.\n  16. Subject to laws and regulations applicable to the state university\nas a health care provider the state university trustees may:\n  a. Notwithstanding section one hundred sixty-three of the state\nfinance law, authorize contracts for a state university health care\nfacility for participation in managed care networks and other joint and\ncooperative arrangements with public, non-profit or business entities\nincluding entering into a maximum of twenty network arrangements per\nyear, as partners, joint ventures, sole member or members of non-profit\nor for-profit corporations, sole member or members of non-profit or\nfor-profit limited liability companies, as lessor or lessee, as\nparticipants in joint operating agreements, and shareholders of business\ncorporations, and the provision of management and administrative\nservices by or for state university; provided, however, that any such\ncontracts with for-profit entities shall be authorized only upon\napproval by the commissioner of health and the director of the division\nof the budget of a request by the chancellor demonstrating financial\nneed of a state university health care facility. Any contract for the\nprovision of management services shall be subject to any provision of\nthe public health law and health regulations applicable to the state\nuniversity as a health care provider, including any review by the\ncommissioner of health pursuant to 10 NYCRR section 405.3(f). In\naddition, the commissioner of health shall provide for public comment\nwithin thirty days of a submission of any management contract required\nto be reviewed pursuant to regulation. The trustees may also authorize\ncontracts, including capitation contracts, for a state university health\ncare facility for the provision of general comprehensive and specialty\nhealth care services, directly or through contract with other service\nproviders or entities, including state university employees or entities\ncomprised thereof. Contracts authorized hereunder shall be:\n  (1) consistent with trustee guidelines respecting all terms and\nconditions necessary and appropriate for managed care and other network,\njoint or cooperative arrangements, including guidelines for comparative\nreview where appropriate;\n  (2) subject to laws and regulations applicable to the state university\nas a health care provider, including with respect to rates and\ncertificates of need; and\n  (3) subject to article fourteen of the civil service law and the\napplicable provisions of agreements between the state and employee\norganizations pursuant to article fourteen of the civil service law.\n  b. (i) Notwithstanding the provisions of subdivision two of section\none hundred twelve of the state finance law relating to the dollar\nthreshold requiring the comptroller's approval of contracts and\nsubdivision six of section one hundred sixty-three of the state finance\nlaw, authorize contracts for the purchase of goods and services for\nstate university health care facilities:\n  (A) for any contract which does not exceed one hundred fifty thousand\ndollars; or\n  (B) for joint or group purchasing arrangements which do not exceed one\nhundred fifty thousand dollars without prior approval by any other state\nofficer or agency in accordance with procedures and requirements found\nin paragraph a of subdivision five of this section.\n  (ii) contracts authorized hereunder shall be subject to article\nfourteen of the civil service law and the applicable provisions of\nagreements between the state and employee organizations pursuant to\narticle fourteen of the civil service law. The trustees are authorized\nto negotiate annually with the state comptroller increases in the\naforementioned dollar limits.\n  c. Authorize contracts for the acquisition, by purchase, lease,\nsublease, transfer of jurisdiction or otherwise, of facilities suitable\nfor the delivery of health care services and for the construction,\nrepair, maintenance, equipping, rehabilitation or improvement thereof.\nSuch contracts shall be subject to approval by the attorney general as\nto form and by the director of the budget and the state comptroller.\nContracts under this paragraph shall be funded from any moneys lawfully\navailable for the expenses of the health care facilities.\n  17. Investigation of crimes and crime reporting.  a. The board of\ntrustees of the state university of New York shall adopt rules requiring\nthat each institution of the state university, on or before January\nfirst, two thousand, adopt and implement a plan providing for the\ninvestigation of any violent felony offense occurring at or on the\ngrounds of each such institution, and providing for the investigation of\na report of any missing student. Such plans shall provide for the\ncoordination of the investigation of such crimes and reports with local\nlaw enforcement agencies. Such plans shall include, but not be limited\nto, written agreements with appropriate local law enforcement agencies\nproviding for the prompt investigation of such crimes and reports and a\nrequirement that the institution shall notify the appropriate law\nenforcement agency as soon as practicable but in no case more than\ntwenty-four hours after a report of a violent felony or that a student\nwho resides in housing owned or operated by such institution is missing;\nprovided that each institution shall: (1) inform each victim of a sexual\noffense of their options to notify proper law enforcement authorities,\nincluding on-campus and local police; (2) inform the victim of a sexual\noffense of the right to report or not to report such offense to local\nlaw enforcement agencies; and (3) offer the option to be assisted by\ncampus authorities in notifying such authorities, if the victim of\nsexual assault so chooses, all in compliance with applicable federal\nlaw, including, but not limited to, the federal Campus Sexual Assault\nVictims' Bill of Rights under Title 20 U.S. Code Section 1092(f).\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n  (i) "Local law enforcement agencies" means any agency or agencies\nemploying peace officers or police officers for the enforcement of the\nlaws of the state, and which has or have jurisdiction under provisions\nof the criminal procedure law over offenses occurring at or on the\ngrounds of any institution subject to the provisions of this\nsubdivision.\n  (ii) "Missing student" means any student of an institution subject to\nthe provisions of this subdivision, who resides in a facility owned or\noperated by such institution and who is reported to such institution as\nmissing from his or her residence.\n  (iii) "Violent felony offense" means a violent felony offense as\ndefined in subdivision one of section 70.02 of the penal law.\n  18. Scholarships for academic achievement. a. (1) Beginning with the\ntwo thousand--two thousand one academic year and thereafter,\nscholarships for academic achievement shall be awarded to full-time\nstudents completing their sophomore and junior years of study at all\nstate university state operated campuses. Two thousand five hundred\nscholarships shall be awarded to students in the junior year of study\nand two thousand five hundred scholarships shall be awarded to students\nin the senior year of study.\n  (2) Scholarships made to students in the junior year shall be to the\ntwo thousand five hundred students with the highest cumulative grade\npoint average at the end of such students sophomore year of study. Any\nstudent receiving such award shall be a New York state resident and\nshall have a minimum grade point average of 3.5. Such scholarship shall\nbe awarded at the beginning of the spring semester of such student's\njunior year.\n  (3) Scholarships made to students in the senior year will be to the\ntwo thousand five hundred students with the highest cumulative grade\npoint average at the end of such students' junior year of study. Any\nstudent receiving such award shall be a New York state resident and\nshall have a minimum grade point average of 3.5. Such scholarship shall\nbe awarded at the beginning of the spring semester of such students'\nsenior year.\n  b. Each individual state university of New York state operated campus\nshall receive no more than its pro rata share of awards than the\npercentage of such university's juniors and seniors represent of the\nentire system enrollment in the junior and senior classes.\n  c. Upon determination of the recipients of the annual awards, the\nchancellor shall notify the members of the state legislature of all\nrecipients who permanently reside within the district that such members\nrepresent.\n  19. The state university of New York shall provide the chairs of the\nassembly ways and means committee and the senate finance committee with\nthe formula and/or methodology used in determining state aid allocations\nto state university of New York state operated campuses and\nuniversity-wide programs and the specific budget allocation to each\ncampus and university-wide program based on the overall funding level\nfor state-operated campuses and university-wide programs included within\nthe executive budget submission for the state university of New York\nwithin forty-five days after the submission of the executive budget and\nwithin thirty days after the enactment of the state budget.\n  20. The state university trustees shall adopt rules requiring that\neach institution of the state university of New York adopt written\npolicies requiring that all public single-occupancy bathroom facilities\nbe designated as gender neutral for use by no more than one occupant at\na time or for family or assisted use. Such gender neutral bathroom\nfacilities shall be clearly designated by the posting of such on or near\nthe entry door of each facility. For purposes of this section,\n"single-occupancy bathroom" shall have the same meaning as paragraph (d)\nof subdivision one of section one hundred forty-five of the public\nbuildings law.\n  21. The state university trustees shall adopt a policy requiring that\neach institution of the state university of New York collaborate with\nstudents, faculty and staff to encourage campuses to eliminate the use\nof certain plastic items generally recognized by the public as being\ndesigned for single use. Such plastic items may include, but shall not\nbe limited to, tableware, straws, stirrers, cups and food service\ncontainers. In establishing such a policy, the trustees shall consider\nthe following:\n  a. the availability of affordable alternatives;\n  b. the accessibility of alternatives to all students, faculty, and\nstaff;\n  c. an evaluation of the effectiveness of reusable alternatives; and\n  d. benchmarks for assessing progress.\n
N.Y. TWN Law § 50-A — New York Code / Act TWN / Article 3-A / Title 1 / Section 50-A
Application
Status: in_force

§ 50-a. Application. 1. The provisions of this article may be made\napplicable, effective on a January first, after December thirty-first,\nnineteen hundred sixty-three, to any town which on such January first:\n  (a) Has a population of at least twenty-five thousand, or\n  (b) Has a population of at least seventy-five hundred and is not more\nthan fifteen miles from a city having a population of at least one\nhundred thousand, measured from their respective nearest boundary lines;\nprovided, however, that the population of such town shall have increased\nby at least sixty-five per cent between nineteen hundred forty and\nnineteen hundred sixty or by at least forty per cent between nineteen\nhundred fifty and nineteen hundred sixty, as shown by the decennial\nfederal censuses for such years.\nThe current population of a town shall be determined on the basis of the\nmost recent decennial federal census or a special population census\ntaken pursuant to section twenty of the general municipal law and\nsubdivision five-a of section fifty-four of the state finance law and\ncertified to the state comptroller pursuant to law.\n  2. The provisions of this article may be made so applicable to such a\ntown by resolution of the town board adopted not later than July first\npreceding the January first on which the town would become a suburban\ntown, which resolution also shall provide that the town shall at the\nsame time become a town of the first class, if it is not then such a\ntown, and shall elect its officers in compliance with section twelve of\nthis chapter. Prior to the adoption of such a resolution the town board\nshall conduct a public hearing thereon on notice published at least ten\nbut not more than twenty days before such hearing in a newspaper or\nnewspapers designated pursuant to subdivision eleven of section\nsixty-four of this chapter. Such resolution shall be subject to\nreferendum on motion of the town board or on petition pursuant to\narticle seven of this chapter provided, however:\n  (a) That any such petition shall be filed with the town clerk not\nlater than September fifth of the year in which the town board shall\nhave adopted such resolution,\n  (b) That if the town board, on its own motion, determines that such\nresolution shall be subject to referendum or if such a petition be\nfiled, such referendum shall be had at the election in November of such\nyear or at a special town election held at least forty days after the\nfiling of such petition, as the town board shall determine, and in the\nevent the resolution is approved at such referendum the town shall\nbecome a suburban town on the January first following such referendum,\nand\n  3. At any biennial town election held during and after the November\nprior to the January first on which a town is to become a suburban town\npursuant to this section, but not including the election in November, if\nany, at which a town's becoming a suburban town is approved pursuant to\nthis section, there shall be elected only such officers as are required\nto be elected to fill elective offices or vacancies therein, as the case\nmay be, for such town to function as a suburban town and a town of the\nfirst class. With respect to additional appointive offices which such\ntown is required to have as a suburban town and a town of the first\nclass, vacancies therein shall exist as of the January first on which\nthe town becomes a suburban town.\n  4. After it shall have been finally determined pursuant to this\nsection that a town shall become a suburban town, the town board shall\nhave power to determine and make provision for any matter necessarily\ninvolved in the transition from its form of town government at the time\nof its becoming a suburban town to its government as a suburban town\nunder the provisions of this article where such matter is not provided\nfor by this article.\n  5. (a) Within ten days after the January first on which a town becomes\na suburban town pursuant to this section, the town clerk shall make a\ncertificate to such effect and transmit the same to the secretary of\nstate, in whose office it shall be kept as a public record, provided,\nhowever, that in the case of those towns which became suburban towns on\nJanuary first, nineteen hundred sixty-four, such a certificate shall be\nmade and transmitted to the secretary of state not later than June\nfirst, nineteen hundred sixty-four.\n  (b) It shall be the duty of the secretary of state to cause to be\npublished separately, under an appropriate heading, in the appendix of\nthe session laws of each year and in the appendix of the local laws of\neach year, the names of the towns which have become suburban towns and\nthe dates on which they became suburban towns.\n
N.Y. PBA Law § 2806 — New York Code / Act PBA / Article 9 / Title 1 / Section 2806
Personnel reports by state and local authorities and public benefit corporations
Status: in_force

§ 2806. Personnel reports by state and local authorities and public\nbenefit corporations. 1. Every state and local authority and public\nbenefit corporation shall submit to the comptroller, the director of the\nbudget, the chairpersons of the legislative fiscal committees and the\nauthorities budget office, for their information, annually, on or before\nthe fifteenth day of January of each calendar year, personnel\ninformation setting forth personal service schedules by subsidiary,\ndivision and unit which indicate position, grade, salary and title for\neach employee and in summary form.\n  2. If any state or local authority has provided the information\nrequired by this section in the annual report required under section\ntwenty-eight hundred of this title, such authority may comply with the\nprovisions of this section by references to such information with any\nnecessary updates.\n
N.Y. RPT Law § 708 — New York Code / Act RPT / Article 7 / Title 1 / Section 708
Service
Status: in_force

§ 708. Service. 1. Except in a city of over one million population\nhaving a tax commission, if the assessment to be reviewed was made by\nthe assessors of an assessing unit, service may be made by delivering\nthree copies of the petition and notice to: (a) the clerk of such\nassessing unit, or, if there be no such clerk, then to the officer who\nperforms the customary duties of that official; or (b) the assessor or\nthe chairman of the board of assessors or the chief clerk of such\nassessor or board of assessors, or a deputy of any of such clerks or\nofficers authorized to receive such petition and notice. Such clerk or\nother officer, if other than the assessor or the chairman of the board\nof assessors, shall notify the assessors of the commencement of the\nproceeding.\n  2. In a city of over one million population having a tax commission,\nservice of the petition shall be made by delivering a copy thereof to\nthe president of the tax commission of such city or his duly authorized\nagent.\n  3. Except in a city in which there is a city school district governed\nby the provisions of article fifty-two of the education law, or in a\nspecial assessing unit as defined in article eighteen of this chapter\nwhich is not a city or in a county governed by chapter three hundred\neleven of the laws of nineteen hundred twenty, as amended by chapter one\nhundred thirty of the laws of nineteen hundred thirty-five, one copy of\nthe petition and notice shall be mailed within ten days from the date of\nservice thereof as above provided to the superintendent of schools of\nany school district within which any part of the real property on which\nthe assessment to be reviewed is located and, in all instances, to the\ntreasurer of any county in which any part of the real property is\nlocated, and to the clerk of a village which has enacted a local law as\nprovided in subdivision three of section fourteen hundred two of this\nchapter if the assessment to be reviewed is on a parcel located within\nsuch village. Neither the school district nor any such county or village\nshall thereby be deemed to have been made a party to the proceeding.\nProof of mailing one copy of the petition and notice to the\nsuperintendent of schools, the treasurer of the county and the clerk of\nthe village which has enacted a local law as provided above shall be\nfiled with the court within ten days of the mailing. Failure to comply\nwith the provisions of this section shall result in the dismissal of the\npetition, unless excused for good cause shown.\n  4. Nothing in this subdivision shall affect the right to serve process\nin any other manner permitted by law.\n
N.Y. ELD Law § 206 — New York Code / Act ELD / Article 2 / Title 1 / Section 206
Informal caregiver training
Status: in_force

§ 206. Informal caregiver training. 1. The director is hereby\nauthorized and directed, to the extent appropriations are available\ntherefor, to develop, establish and operate training and technical\nassistance programs, including caregiver resource centers, caregiver\nnetworks, and other support activities, for informal caregivers\nthroughout the state for the purposes of assisting such caregivers and\nimproving the quality of care provided to frail and disabled persons.\nThe director shall also make available and encourage the utilization of\nsuch training programs in consultation with the commissioner of health,\nthe commissioner of the office of children and family services, the\ncommissioner of mental health, and the commissioner of the office for\npeople with developmental disabilities.\n  2. Definitions. For the purposes of this section: (a) "Informal\ncaregiver" shall mean the family member or other natural person who\nnormally provides the daily care or supervision of a frail or disabled\nperson, or any family member or other natural person who contributes to\nand is involved in the caretaking responsibilities for such frail or\ndisabled person. Such informal caregiver may, but need not, reside in\nthe same household as the frail or disabled person.\n  (b) "Frail or disabled person" shall mean any person who is unable to\nattend to his or her daily needs without the assistance or regular\nsupervision of an informal caregiver due to mental or physical\nimpairment. Such definition shall not exclude persons under eighteen\nyears of age who suffer from mental or physical impairment.\n  (c) "Program" shall mean the program of informal caregiver training\nand technical assistance established by this section.\n  (d) "Caregiver resource center" shall mean a project funded pursuant\nto this section which provides services and activities which are\nresponsive to the needs and contracts of informal caregivers in regard\nto their caregiving responsibilities.\n  (e) "Caregiver networks" shall mean local coalitions which develop,\ncoordinate, and implement action plans to identify and mobilize\nresources to address the unmet needs of frail and disabled persons and\ntheir caregivers.\n  3. (a) The duties of the director pursuant to this section shall\ninclude, but not be limited to:\n  (1) developing and make available or approve a curriculum for informal\ncaregiver training which considers and is easily adapted to an array of\npersonal needs and disabilities, and which is sensitive to ethnic and\ncommunity characteristics;\n  (2) providing technical assistance and training to appropriate\norganizations and groups, including caregiver resource centers and\ncaregiver networks, which, in turn, shall provide training and\nassistance to informal caregivers; and\n  (3) providing grants to appropriate organizations and groups,\nincluding caregiver resource centers and caregiver networks, to develop\nand make available approved curricula for informal caregiver training as\nwell as disseminate information regarding the curriculum.\n  (4) develop guidelines for local area agencies on aging in order to\nprovide the following:\n  (i) information and assistance regarding gaining access to available\nservices to assist informal caregivers;\n  (ii) resource referrals for informal caregivers regarding\ndecision-making on behalf of the individual receiving care; and\n  (iii) counseling referrals for informal caregivers.\n  (b) Training and technical assistance shall include, but not be\nlimited to:\n  (1) knowledge of major health problems and diseases, mental and\nphysical disabilities, and the aging process;\n  (2) practical skills required in providing personal care and support;\n  (3) stress awareness and methods of dealing with stress caused by\nproviding care;\n  (4) financial management; and\n  (5) identification and utilization of available resources, including\nbenefits, entitlements, and other programs and assistance.\n  4. The director shall:\n  (a) Promulgate any rules and regulations necessary to carry out the\nprovisions of this section.\n  (b) On or before the first day of January every other year, submit a\nreport to the governor, the temporary president of the senate and the\nspeaker of the assembly, which shall include, but not be limited to:\n  (1) a financial report of the program's operation;\n  (2) a profile of persons or groups receiving training and technical\nassistance pursuant to this section; and\n  (3) an analysis of the program's success in assisting informal\ncaregivers and improving the quality of care provided by such persons.\n
N.Y. EDN Law § 809 — New York Code / Act EDN / Title 1 / Article 17 / Section 809
Instruction in the humane treatment of animals
Status: in_force

§ 809. Instruction in the humane treatment of animals. 1. The officer,\nboard or commission authorized or required to prescribe courses of\ninstruction shall cause instruction to be given in every elementary\nschool under state control or supported wholly or partly by public money\nof the state, in the humane treatment and protection of animals and the\nimportance of the part they play in the economy of nature as well as the\nnecessity of controlling the proliferation of animals which are\nsubsequently abandoned and caused to suffer extreme cruelty. Such\ninstruction shall be for such period of time during each school year as\nthe board of regents may prescribe and may be joined with work in\nliterature, reading, language, nature study or ethnology. Such weekly\ninstruction may be divided into two or more periods. A school district\nshall not be entitled to participate in the public school money on\naccount of any school or the attendance at any school subject to the\nprovisions of this section, if the instruction required hereby is not\ngiven therein.\n  2. Study and care of live animals. Any school which cares for or uses\nanimals for study shall ensure that each animal in such school be\nafforded the following: appropriate quarters; sufficient space for the\nnormal behavior and postural requirements of the species; proper\nventilation, lighting, and temperature control; adequate food and clean\ndrinking water; and quarters which shall be cleaned on a regular basis\nand located in an area where undue stress and disturbance are minimized.\n  3. Application. The provisions of this section shall not be construed\nto prohibit or constrain vocational instruction in the normal practice\nof animal husbandry, or prohibit or constrain instruction in\nenvironmental education activities as established by the department of\nenvironmental conservation.\n  4. Dissection of animals. Any student expressing a moral or religious\nobjection to the performance or witnessing of the dissection of an\nanimal, either wholly or in part, shall be provided the opportunity to\nundertake and complete an alternative project that shall be approved by\nsuch student's teacher; provided, however, that such objection is\nsubstantiated in writing by the student's parent or legal guardian.\nStudents who perform alternative projects who do not perform or witness\nthe dissection of animals shall not be penalized. The board of education\nor trustees of a school district shall develop a policy to give\nreasonable notice to all students enrolled in a course that includes the\ndissection of an animal and students' parents or legal guardians about\ntheir rights under this subdivision. Such notice shall be made available\nupon request at the school and distributed to parents and students\nenrolled in a course that includes dissection at least once at the\nbeginning of the school year.\n  5. Treatment of live vertebrate animals. a. Except as provided for in\nthis subdivision, no school district, school principal, administrator,\nor teacher shall require or permit the performance of a lesson or\nexperimental study on a live vertebrate animal in any such school or\nduring any activity conducted under the auspices of such school whether\nor not the activity takes place on the premises of such school where\nsuch lesson or experimental study employs: (i) micro-organisms which\ncause disease in humans or animals, (ii) ionizing radiation, (iii) known\ncancer producing agents, (iv) chemicals at toxic levels, (v) drugs\nproducing pain or deformity, (vi) severe extremes of temperature, (vii)\nelectric or other shock, (viii) excessive noise, (ix) noxious fumes, (x)\nexercise to exhaustion, (xi) overcrowding, (xii) paralysis by muscle\nrelaxants or other means, (xiii) deprivation or excess of food, water or\nother essential nutrients, (xiv) surgery or other invasive procedures,\n(xv) other extreme stimuli, or (xvi) termination of life.\n  b. Notwithstanding any inconsistent provision of this section, the\ncommissioner may, upon the submission of a written program plan, issue\nto such school a written waiver of such restrictions for students\nsubject to the following provisions: (i) the student shall be in grade\nten, eleven, or twelve; and (ii) the student shall be under the\nsupervision of one or more teachers certified in science; and (iii) the\nstudent shall be pursuing an accelerated course of study in the sciences\nas defined by the commissioner in preparation for taking a state or\nnational advanced placement examination. The commissioner shall issue a\nwaiver of such restrictions for any teacher certified in science\ninstructing such student. The written program plan shall include, but\nnot be limited to: (i) the educational basis for requesting a waiver;\n(ii) the objective of the lesson or experiment; (iii) the methods and\ntechniques to be used; and (iv) any other information required by the\ncommissioner.\n  6. Report. On or before the first day of January next succeeding the\neffective date of this amended section, the commissioner shall annually\nsubmit a report to the governor and the legislature which shall include,\nbut not be limited to, the number of written program plan proposals\nsubmitted by schools and the number of such proposals subsequently\napproved by the commissioner. In those cases where a program plan\nproposal has been approved by the commissioner, such plan shall be\nappended to and become a part of the commissioner's annual report.\n
N.Y. EDN Law § 107 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 107
Compact for education
Status: in_force

§ 107. Compact for education. 1. The compact for education is hereby\nentered into and enacted into law with all jurisdictions legally joining\ntherein, in the form substantially as follows:\n                      COMPACT FOR EDUCATION PREAMBLE\n  WHEREAS, the proper education of all citizens is one of the most\nimportant responsibilities of the states to preserve a free and open\nsociety in the United States; and,\n  WHEREAS, the increasing demands of our whole national life for\nimproving and expanding educational services require a broad exchange of\nresearch data and information concerning the problems and practices of\neducation; and,\n  WHEREAS, there is a vital need for strengthening the voices of the\nstates in the formulation of alternative nationwide educational\npolicies,\n  THE STATES AFFIRM the need for close and continuing consultation among\nour several states on all matters of education, and do hereby establish\nthis compact for education.\n                      Article I. Purpose and Policy.\n  A. It is the purpose of this compact to:\n  1. Establish and maintain close cooperation and understanding among\nexecutive, legislative, professional educational and lay leadership on a\nnationwide basis at the state and local levels.\n  2. Provide a forum for the discussion, development, crystallization\nand recommendation of public policy alternatives in the field of\neducation.\n  3. Provide a clearing house of information on matters relating to\neducational problems and how they are being met in different places\nthroughout the nation, so that the executive and legislative branches of\nstate government and of local communities may have ready access to the\nexperience and record of the entire country, and so that both lay and\nprofessional groups in the field of education may have additional\navenues for the sharing of experience and the interchange of ideas in\nthe formation of public policy in education.\n  4. Facilitate the improvement of state and local educational systems\nso that all of them will be able to meet adequate and desirable goals in\na society which requires continuous qualitative and quantitative advance\nin educational opportunities, methods and facilities.\n  B. It is the policy of this compact to encourage and promote local and\nstate initiative in the development, maintenance, improvement and\nadministration of educational systems and institutions in a manner which\nwill accord with the needs and advantages of diversity among localities\nand states.\n  C. The party states recognize that each of them has an interest in the\nquality and quantity of education furnished in each of the other states,\nas well as in the excellence of its own educational systems and\ninstitutions, because of the highly mobile character of individuals\nwithin the nation, and because the products and services contributing to\nthe health, welfare and economic advancement of each state are supplied\nin significant part by persons educated in other states.\n                        Article II. State Defined.\n  As used in this compact, "state" means a state, territory, or\npossession of the United States, the District of Columbia, or the\nCommonwealth of Puerto Rico.\n                       Article III. The Commission.\n  A. The educational commission of the states, hereinafter called "the\ncommission", is hereby established. The commission shall consist of\nseven members representing each party state. One of such members shall\nbe the governor; two shall be members of the state legislature selected\nby its respective houses and serving in such manner as the legislature\nmay determine; and four shall be appointed by and serve at the pleasure\nof the governor, unless the laws of the state otherwise provide. If the\nlaws of a state prevent legislators from serving on the commission, six\nmembers shall be appointed by and serve at the pleasure of the governor,\nunless the laws of the state otherwise provide. In addition to any other\nprinciples or requirements which a state may establish for the\nappointment and service of its members of the commission, the guiding\nprinciple for the composition of the membership on the commission from\neach party state shall be that the members representing such state\nshall, by virtue of their training, experience, knowledge or\naffiliations be in a position collectively to reflect broadly the\ninterests of the state government, higher education, the state education\nsystem, local education, lay and professional, public and non-public\neducational leadership. Of those appointees, one shall be the head of a\nstate agency or institution, designated by the governor, having\nresponsibility for one or more programs of public education. In addition\nto the members of the commission representing the party states, there\nmay be not to exceed ten non-voting commissioners selected by the\nsteering committee for terms of one year. Such commissioners shall\nrepresent leading national organizations of professional educators or\npersons concerned with educational administration.\n  B. The members of the commission shall be entitled to one vote each on\nthe commission. No action of the commission shall be binding unless\ntaken at a meeting at which a majority of the total number of votes on\nthe commission are cast in favor thereof. Action of the commission shall\nbe only at a meeting at which a majority of the commissioners are\npresent. The commission shall meet at least once a year. In its bylaws,\nand subject to such directions and limitations as may be contained\ntherein, the commission may delegate the exercise of any of its powers\nto the steering committee or the executive director, except for the\npower to approve budgets or requests for appropriations, the power to\nmake policy recommendations pursuant to article V and adoption of the\nannual report pursuant to article III (j).\n  C. The commission shall have a seal.\n  D. The commission shall elect annually, from among its members, a\nchairman, who shall be a governor, a vice chairman and a treasurer. The\ncommission shall provide for the appointment of an executive director.\nSuch executive director shall serve at the pleasure of the commission,\nand together with the treasurer and such other personnel as the\ncommission may deem appropriate shall be bonded in such amount as the\ncommission shall determine. The executive director shall be secretary.\n  E. Irrespective of the civil service, personnel or other merit system\nlaws of any of the party states, the executive director subject to the\napproval of the steering committee shall appoint, remove or discharge\nsuch personnel as may be necessary for the performance of the functions\nof the commission, and shall fix the duties and compensation of such\npersonnel. The commission in its bylaws shall provide for the personnel\npolicies and programs of the commission.\n  F. The commission may borrow, accept or contract for the services of\npersonnel from any party jurisdiction, the United States, or any\nsubdivision or agency of the aforementioned governments, or from any\nagency of two or more of the party jurisdictions or their subdivisions.\n  G. The commission may accept for any of its purposes and functions\nunder this compact any and all donations, and grants of money,\nequipment, supplies, materials and services, conditional or otherwise,\nfrom any state, the United States, or any other governmental agency, or\nfrom any person, firm, association, foundation, or corporation, and may\nreceive, utilize and dispose of the same. Any donation or grant accepted\nby the commission pursuant to this paragraph or services borrowed\npursuant to paragraph (f) of this article shall be reported in the\nannual report of the commission. Such report shall include the nature,\namount and conditions, if any, of the donation, grant, or services\nborrowed, and the identity of the donor or lender.\n  H. The commission may establish and maintain such facilities as may be\nnecessary for the transacting of its business. The commission may\nacquire, hold, and convey real and personal property and any interest\ntherein.\n  I. The commission shall adopt bylaws for the conduct of its business\nand shall have the power to amend and rescind these bylaws. The\ncommission shall publish its bylaws in convenient form and shall file a\ncopy thereof and a copy of any amendment thereto, with the appropriate\nagency or officer in each of the party states.\n  J. The commission annually shall make to the governor and legislature\nof each party state a report covering the activities of the commission\nfor the preceding year. The commission may make such additional reports\nas it may deem desirable.\n                            Article IV. Powers.\n  In addition to authority conferred on the commission by other\nprovisions of the compact, the commission shall have authority to:\n  1. Collect, correlate, analyze and interpret information and data\nconcerning educational needs and resources.\n  2. Encourage and foster research in all aspects of education, but with\nspecial reference to the desirable scope of instruction, organization,\nadministration, and instructional methods and standards employed or\nsuitable for employment in public educational systems.\n  3. Develop proposals for adequate financing of education as a whole\nand at each of its many levels.\n  4. Conduct or participate in research of the types referred to in this\narticle in any instance where the commission finds that such research is\nnecessary for the advancement of the purposes and policies of this\ncompact, utilizing fully the resources of national associations,\nregional compact organizations for higher education, and other agencies\nand institutions, both public and private.\n  5. Formulate suggested policies and plans for the improvement of\npublic education as a whole, or for any segment thereof, and make\nrecommendations with respect thereto available to the appropriate\ngovernmental units, agencies and public officials.\n  6. Do such other things as may be necessary or incidental to the\nadministration of any of its authority or functions pursuant to this\ncompact.\n              Article V. Cooperation With Federal Government.\n  A. If the laws of the United States specifically so provide, or if\nadministrative provision is made therefor within the federal government,\nthe United States may be represented on the commission by not to exceed\nten representatives. Any such representative or representatives of the\nUnited States shall be appointed and serve in such manner as may be\nprovided by or pursuant to federal law, and may be drawn from any one or\nmore branches of the federal government, but no such representatives\nshall have a vote on the commission.\n  B. The commission may provide information and make recommendations to\nany executive or legislative agency or officer of the federal government\nconcerning the common educational policies of the states, and may advise\nwith any such agencies or officers concerning any matter of mutual\ninterest.\n                          Article VI. Committees.\n  A. To assist in the expeditious conduct of its business when the full\ncommission is not meeting, the commission shall elect a steering\ncommittee of thirty members which, subject to the provisions of this\ncompact and consistent with the policies of the commission, shall be\nconstituted and function as provided in the bylaws of the commission.\nOne-third of the voting membership of the steering committee shall\nconsist of governors, and the remainder shall consist of other members\nof the commission. A federal representative on the commission may serve\nwith the steering committee, but without vote. The voting members of the\nsteering committee shall serve for terms of two years, except that\nmembers elected to the first steering committee of the commission shall\nbe elected as follows: fifteen for one year and fifteen for two years.\nThe chairman, vice chairman, and treasurer of the commission shall be\nmembers of the steering committee and, anything in this paragraph to the\ncontrary notwithstanding, shall serve during their continuance in these\noffices. Vacancies in the steering committee shall not affect its\nauthority to act, but the commission at its next regularly ensuing\nmeeting following the occurrence of any vacancy shall fill it for the\nunexpired term. No person shall serve more than two terms as a member of\nthe steering committee: provided that service for a partial term of one\nyear or less shall not be counted toward the two term limitation.\n  B. The commission may establish advisory and technical committees\ncomposed of state, local, and federal officials, and private persons to\nadvise it with respect to any one or more of its functions. Any advisory\nor technical committee may, on request of the state concerned, be\nestablished to consider any matter of special concern to two or more of\nthe party states.\n  C. The commission may establish such additional committees as its\nbylaws may provide.\n                           Article VII. Finance.\n  A. The commission shall advise the governor or designated officer or\nofficers of each party state of its budget and estimated expenditures\nfor such period as may be required by the laws of that party state. Each\nof the commission's budgets of estimated expenditures shall contain\nspecific recommendations of the amount or amounts to be appropriated by\neach of the party states.\n  B. The total amount of appropriation requests under any budget shall\nbe apportioned among the party states. In making such apportionment, the\ncommission shall devise and employ a formula which takes equitable\naccount of the populations and per capita income levels of the party\nstates.\n  C. The commission shall not pledge the credit of any party states. The\ncommission may meet any of its obligations in whole or in part with\nfunds available to it pursuant to article III (g) of this compact,\nprovided that the commission takes specific action setting aside such\nfunds prior to incurring an obligation to be met in whole or in part in\nsuch manner. Except where the commission makes use of funds available to\nit pursuant to article III (g) thereof, the commission shall not incur\nany obligation prior to the allotment of funds by the party states\nadequate to meet the same.\n  D. The commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the commission shall be\nsubject to the audit and accounting procedures established by its\nbylaws. However, all receipts and disbursements of funds handled by the\ncommission shall be audited yearly by a qualified public accountant, and\nthe report of the audit shall be included in and become part of the\nannual reports of the commission.\n  E. The accounts of the commission shall be open at any reasonable time\nfor inspection by duly constituted officers of the party states and by\nany persons authorized by the commission.\n  F. Nothing contained herein shall be construed to prevent commission\ncompliance with laws relating to audit or inspection of accounts by or\non behalf of any government contributing to the support of the\ncommission.\n        Article VIII. Eligible Parties; Entry Into and Withdrawal.\n  A. This compact shall have as eligible parties all states,\nterritories, and possessions of the United States, the District of\nColumbia, and the Commonwealth of Puerto Rico. In respect of any such\njurisdiction not having a governor, the term "governor", as used in this\ncompact, shall mean the closest equivalent official of such\njurisdiction.\n  B. Any state or other eligible jurisdiction may enter into this\ncompact and it shall become binding thereon when it has adopted the\nsame:  provided that in order to enter into initial effect, adoption by\nat least ten eligible party jurisdictions shall be required.\n  C. Adoption of the compact may be either by enactment thereof or by\nadherence thereto by the governor; provided that in the absence of\nenactment, adherence by the governor shall be sufficient to make his\nstate a party only until December thirty-one, nineteen hundred\nsixty-seven. During any period when a state is participating in this\ncompact through gubernatorial action, the governor shall appoint those\npersons who, in addition to himself, shall serve as the members of the\ncommission from his state, and shall provide to the commission an\nequitable share of the financial support of the commission from any\nsource available to him.\n  D. Except for a withdrawal effective on December thirty-one, nineteen\nhundred sixty-seven in accordance with paragraph C of this article, any\nparty state may withdraw from this compact by enacting a statute\nrepealing the same, but no such withdrawal shall take effect until one\nyear after the governor of the withdrawing state has given notice in\nwriting of the withdrawal to the governors of all other party states. No\nwithdrawal shall affect any liability already incurred by or chargeable\nto a party state prior to the time of such withdrawal.\n                Article IX. Construction and Severability.\n  This compact shall be liberally construed so as to effectuate the\npurposes thereof. 1. The provisions of this compact shall be severable\nand if any phrase, clause, sentence or provision of this compact is\ndeclared to be contrary to the constitution of any state or of the\nUnited States, or the applicability thereof to any government, agency,\nperson or circumstances is held invalid, the validity of the remainder\nof this compact and the applicability thereof to any government, agency,\nperson or circumstances shall not be affected thereby. If this compact\nshall be held contrary to the constitution of any state participating\ntherein, the compact shall remain in full force and effect as to the\nstate affected as to all severable matters.\n  2. Of the seven members of the educational commission of the states\nrepresenting this state, one shall be the governor, one shall be\nappointed by the temporary president of the senate from among the\nmembers of that body, one shall be appointed by the speaker of the\nassembly from among the members of that body, one shall be the\ncommissioner of education, and three shall be appointed by and serve at\nthe pleasure of the governor. The members of the commission representing\nthis state shall receive no compensation for their services but shall be\nallowed their actual and necessary expenses in performance of their\nduties hereunder.\n  3. Pursuant to article III (i) of the compact, the commission shall\nfile a copy of its bylaws and any amendment thereto with the governor.\n
N.Y. GMU Law § 874 — New York Code / Act GMU / Article 18-A / Title 1 / Section 874
Tax exemptions
Status: in_force

§ 874. Tax exemptions. (1) It is hereby determined that the creation\nof the agency and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the state of New York and is a\npublic purpose, and the agency shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall be required to pay no taxes or assessments upon any\nof the property acquired by it or under its jurisdiction or control or\nsupervision or upon its activities. Provided, however, if the agency is\nlocated within a transportation district referenced in paragraph (a) of\nsubdivision two of section two hundred fifty-three of the tax law, it\nshall not be exempt from the additional tax on each mortgage of real\nproperty situated within the state imposed by such paragraph.\n  (2) Any bonds or notes issued pursuant to this title, together with\nthe income therefrom, as well as the property of the agency, shall be\nexempt from taxation, except for transfer and estate taxes.\n  (3) Payments in lieu of taxes received by the agency shall be remitted\nto each affected tax jurisdiction within thirty days of receipt.\n  (4) (a) The agency shall establish a uniform tax exemption policy,\nwith input from affected tax jurisdictions, which shall be applicable to\nthe provision of financial assistance pursuant to section eight hundred\nfifty-nine-a of this title and shall provide guidelines for the claiming\nof real property, mortgage recording, and sales tax exemptions. Such\nguidelines shall include, but not be limited to: period of exemption;\npercentage of exemption; types of projects for which exemptions can be\nclaimed; procedures for payments in lieu of taxes and instances in which\nreal property appraisals are to be performed as a part of an application\nfor tax exemption; in addition, agencies shall in adopting such policy\nconsider such issues as: the extent to which a project will create or\nretain permanent, private sector jobs; the estimated value of any tax\nexemptions to be provided; whether affected tax jurisdictions shall be\nreimbursed by the project occupant if a project does not fulfill the\npurposes for which an exemption was provided; the impact of a proposed\nproject on existing and proposed businesses and economic development\nprojects in the vicinity; the amount of private sector investment\ngenerated or likely to be generated by the proposed project; the\ndemonstrated public support for the proposed project; the likelihood of\naccomplishing the proposed project in a timely fashion; the effect of\nthe proposed project upon the environment; the extent to which the\nproject will utilize, to the fullest extent practicable and economically\nfeasible, resource conservation, energy efficiency, green technologies,\nand alternative and renewable energy measures; the extent to which the\nproject will provide onsite child care services or otherwise facilitate\nnew child care services; the extent to which the proposed project will\nrequire the provision of additional services, including, but not limited\nto additional educational, transportation, police, emergency medical or\nfire services; and the extent to which the proposed project will provide\nadditional sources of revenue for municipalities and school districts.\n  (b) The agency shall establish a procedure for deviation from the\nuniform tax exemption policy required pursuant to this subdivision. The\nagency shall set forth in writing the reasons for deviation from such\npolicy, and shall further notify by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, the\naffected local taxing jurisdictions of the proposed deviation from such\npolicy and the reasons therefor. When the affected local taxing\njurisdiction is a school district, the agency shall notify by certified\nmail, return receipt requested or an electronic correspondence with a\nread-receipt, the district clerk and district superintendent of each\naffected school district.\n  (5) Payments in lieu of taxes which are delinquent under the agreement\nor which an agency fails to remit pursuant to subdivision three of this\nsection, shall be subject to a late payment penalty of five percent of\nthe amount due which shall be paid by the project occupant (where taxes\nare delinquent because of the occupant's failure to make the required\npayment) or the agency (because of the agency's failure to remit\npursuant to subdivision three of this section) to the affected tax\njurisdiction at the time the payment in lieu of taxes is paid. For each\nmonth, or part thereof, that the payment in lieu of taxes is delinquent\nbeyond the first month, interest shall accrue to and be paid to the\naffected tax jurisdiction on the total amount due plus a late payment\npenalty in the amount of one percent per month until the payment is\nmade.\n  (6) An affected tax jurisdiction which has not received a payment in\nlieu of taxes due to it under an agreement may commence legal action in\nany court of competent jurisdiction directly against any person, firm,\ncorporation, organization or agency which is obligated to make payments\nin lieu of taxes under an agreement and has failed to do so. In such an\naction, the affected tax jurisdiction shall be entitled to recover the\namount due, the late payment penalty, interest, expenses, costs and\ndisbursements together with the reasonable attorneys' fees necessary to\nprosecute such action. Nothing herein shall be construed as providing an\naffected tax jurisdiction with the right to sue and recover from an\nagency which has not received payments in lieu of taxes from a project\noccupant.\n  (7) Any refinancing of a project shall be subject to the provisions of\nsection eight hundred fifty-nine-a of this chapter, except where such\nrefinancing was previously approved pursuant to such section.\n  (8) Agents of an agency and project operators shall annually file a\nstatement with the state department of taxation and finance, on a form\nand in such a manner as is prescribed by the commissioner of taxation\nand finance, of the value of all sales and use tax exemptions claimed by\nsuch agents or agents of such agents or project operators, including,\nbut not limited to, consultants or subcontractors of such agents or\nproject operators, under the authority granted pursuant to this section.\nThe penalty for failure to file such statement shall be the removal of\nauthority to act as an agent of an agency or a project operator.\n  (9) (a) Within thirty days of the date that the agency designates a\nproject operator or other person to act as agent of the agency for\npurposes of providing financial assistance consisting of any sales and\ncompensating use tax exemption to such person, the agency shall file a\nstatement with the department of taxation and finance relating thereto,\non a form and in such manner as is prescribed by the commissioner of\ntaxation and finance, identifying each such agent so named by the\nagency, setting forth the taxpayer identification number of each such\nagent, giving a brief description of the property and/or services\nintended to be exempted from such taxes as a result of such appointment\nas agent, indicating the agency's rough estimate of the value of the\nproperty and/or services to which such appointment as agent relates,\nindicating the date when such designation as agent became effective and\nindicating the date upon which such designation as agent shall cease.\n  (b) Within thirty days of the date that the agency's designation\ndescribed in paragraph (a) of this subdivision has been amended,\nterminated, been revoked, or become invalid or ineffective for any\nreason, the agency shall file a statement with the department of\ntaxation and finance relating thereto, on a form and in such manner as\nis prescribed by the commissioner of taxation and finance, identifying\neach such agent so named by the agency in the original designation and\nsetting forth the taxpayer identification number and other identifying\ninformation of each such agent, the date as of which the original\ndesignation was amended, terminated, revoked, or became invalid or\nineffective and the reason therefor, together with a copy of the\noriginal designation.\n  (10) Each agency shall develop policies for the suspension or\ndiscontinuance of financial assistance, or for the modification of any\npayment in lieu of tax agreement to require increased payments under\ncircumstances as specified in the policy, which may include but shall\nnot be limited to events of material violation of the terms and\nconditions of a project agreement.\n  (11) Each agency shall develop policies for the return of all or a\npart of the financial assistance provided for the project, including all\nor part of the amount of any tax exemptions, as specified in the policy,\nwhich may include but shall not be limited to material shortfalls in job\ncreation and retention projections or material violations of the terms\nand conditions of project agreements. All such returned amounts of tax\nexemptions shall be redistributed to the appropriate affected tax\njurisdiction, unless agreed to otherwise by any local taxing\njurisdiction.\n  (12) Each agency shall at least annually assess the progress of each\nproject for which bonds or notes remain outstanding or straight-lease\ntransactions have not terminated, or which continue to receive financial\nassistance or are otherwise active, toward achieving the investment, job\nretention or creation, or other objectives of the project indicated in\nthe project application. Such assessments shall be provided to board\nmembers.\n
N.Y. ELN Law § 7-104 — New York Code / Act ELN / Article 7 / Title 1 / Section 7-104
Ballots; form of
Status: in_force

§ 7-104. Ballots; form of. 1. All ballots shall be printed and/or\ndisplayed in a format and arrangement, of such uniform size and style as\nwill fit the ballot, and shall be in as plain and clear a type or\ndisplay as the space will reasonably permit, using only sans serif print\nfonts. Such type or display on the ballot shall satisfy all requirements\nand standards set forth pursuant to the federal Help America Vote Act.\n  2. The names of parties or independent bodies which contain more than\nfifteen letters may, whenever limitations of space so require, be\nprinted on the ballot in an abbreviated form. In printing the names of\ncandidates whose full names contain more than fifteen letters, only the\nsurname must be printed in full. The officer or board charged with the\nduty of certifying the candidates for such office shall request each\nsuch candidate to indicate, in writing, the shortened form in which,\nsubject to this restriction, his or her name shall be printed. If no\nsuch indication is received from such candidate within the time\nspecified in the request, such officer or board shall make the necessary\ndetermination.\n  3. (a) The party name or other designation shall be affixed to the\nname of each candidate, or, in case of presidential electors, to the\nnames of the candidates for president and vice-president of such party.\n  (b) A column/row designating number may be affixed to the name of each\ncandidate, or in the case of presidential electors, to the names of the\ncandidates for president and vice-president of such party.\n  (c) The titles of offices may be arranged horizontally, with the names\nof candidates for an office and the space, slot or device for write-in\nvotes for such office arranged vertically under the title of the office,\nor the titles of offices may be arranged vertically, with the names of\ncandidates for an office and the space, slot or device for write-in\nvotes for such office arranged horizontally opposite the title of the\noffice.\n  (d) Each office shall occupy as many columns or rows on the ballot as\nthe number of candidates to be elected to that office, except where\ncandidate placements due to cross endorsements require additional\ncolumns or rows.\n  4. (a) The names of all candidates nominated by any party or\nindependent body for an office shall always appear in the row or column\ncontaining generally the names of candidates nominated by such party or\nindependent body for other offices except as hereinafter provided.\n  (b) When the same person has been nominated for an office to be filled\nat the election by more than one party, the voting machine shall be so\nadjusted that his or her name shall appear in each row or column\ncontaining generally the names of candidates for other offices nominated\nby any such party.\n  (c) If such candidate has also been nominated by one or more\nindependent bodies, his or her name shall appear only in each row or\ncolumn containing generally the names of candidates for other offices\nnominated by any such party and the name of each such independent body\nshall appear in one such row or column to be designated by the candidate\nin a writing filed with the officer or board charged with the duty of\ncertifying the candidates for such office, or if such person shall fail\nto so designate, the names of such independent bodies shall appear in\nsuch row or column as such officer or board shall determine.\n  (d) If any person shall be nominated for any office by one party and\ntwo or more independent bodies his or her name shall appear on the\nballot twice; once in the row or column containing generally the names\nof candidates for other offices nominated by such party, and once in the\nrow or column containing generally the names of candidates nominated by\nthe independent body designated by such person in a writing filed with\nthe officer or board charged with the duty of certifying the candidates\nfor such office and in connection with the name of such person in such\nrow or column shall appear the name of each independent body nominating\nhim or her or, if such person shall fail to so designate, the name of\nsuch candidate and the names of such independent bodies shall appear in\nsuch row or column as such officer or board shall determine.\n  (e) If any person is nominated for any office only by more than one\nindependent bodies, his or her name shall appear but once upon the\nmachine in one such row or column to be designated by the candidate in a\nwriting filed with the officer or board charged with the duty of\nproviding ballots, or if the candidate shall fail to so designate, in\nthe place designated by the officer or board charged with the duty of\ncertifying the candidates for such office, and in connection with his or\nher name there shall appear the name of each independent body nominating\nhim or her, but, where the capacity of the ballot will permit, the name\nof such person shall not appear or be placed in a column or on a\nhorizontal line with the names of persons nominated by a party for other\noffices.\n  5. Notwithstanding the provisions of subdivision four of this section,\nthe name of a person who is nominated for the office of governor, or\nstate senator, or member of assembly, shall appear on the ballot as many\ntimes as there are parties or independent bodies nominating him or her,\nand there shall be a separate voting position at each place in which\nsuch name shall appear.\n  6. If any type of machine used in any county or city contains any\nfeature approved by the state board of elections, the use of which is\nneither required nor prohibited by the provisions of this chapter, the\nboard of elections may, by resolution, require that one or more of such\nfeatures shall be used in such county. Thereafter all machines of such\ntype used in such county or city shall be operated in conformity with\nany such resolution. Any such resolution may thereafter be rescinded by\nsuch board and after being so rescinded may be re-adopted. Once\nre-adopted by any board of elections, such a resolution may not be\nrescinded again by such board.\n  7. The ballot shall have printed upon it in black ink for each party\nor independent row, at the head of the column or the beginning of the\nrow containing the names of candidates, the name of the party or\nindependent body and the designating letter of the row or column.\n  8. With respect to candidates for the offices of governor and\nlieutenant governor of a party or independent body, ballots shall be\nprinted so that the names of such candidates for both offices shall\nappear in the same row or column, with the name of the candidate for\ngovernor appearing first and the ballot shall be so adjusted that both\noffices are voted for jointly and have but one designating number if\nsuch column/row designating numbers are utilized.\n  9. In those counties in which ballots are required by federal law, or\notherwise, to be provided in a language other than English, there shall\nbe versions of the ballot printed in English and in each of the\nadditional languages required so that each version of the ballot shall\ncontain English and no more than two other languages. The county board\nof elections in such counties shall instruct, in their poll worker\ntraining and materials, the procedures to be followed to ensure that\neach voter receives a ballot with the appropriate language as determined\nby the state board.\n  10. Each ballot shall contain instructions for marking the ballot. The\ninstructions shall be printed in line lengths no wider than five inches.\nBallot instructions may be printed on the front or back of the ballot or\non a separate sheet or card. If such instructions are not printed on the\nfront of the ballot, there shall be printed on the ballot, in the\nlargest size type practicable, the following legend: "See instructions\non the other side" or "See instructions (insert where instructions are\nfound)", whichever is appropriate.\n  11. (a) The offices appearing on all ballots shall be listed in the\norder of precedence, as applicable to the offices up for election in any\ngiven year, as follows: electors for president and vice-president of the\nUnited States, governor and lieutenant governor, New York state\ncomptroller, New York state attorney general, United States senator,\nmember of the house of representatives, New York state senator, member\nof the New York state assembly. Any office which is not listed in this\nparagraph shall not appear on the ballot in a position before or ahead\nof an office which is listed.\n  (b) Immediately following the offices in paragraph (a) of this\nsubdivision, all other offices shall be placed upon the ballot in the\ncustomary order; provided, further, that partisan offices regardless of\nthe size of the constituency shall be listed before or ahead of\nnonpartisan offices and all candidates for judicial offices shall follow\nall other partisan offices.\n  12. If two or more candidates are nominated for the same office for\ndifferent terms, the term for which each is nominated shall be printed\nas a part of the title of the office.\n  13. The text for ballot instructions shall be substantially as\nfollows, so that it accurately reflects the ballot layout:\n                              INSTRUCTIONS\nMark the (insert "oval" or "square") to the left of the name of your\nchoice. (Provide illustration of correctly-marked voting position here.)\nTo vote for a candidate whose name is not printed on the ballot, (insert\n"mark the oval (or square) to the left of 'write-in' and print the name\nclearly" or "print the name clearly in the box labeled 'write-in'"),\nstaying within the box. Any mark or writing outside the spaces provided\nfor voting may void the entire ballot. The number of choices is listed\nfor each contest. Do not mark the ballot for more candidates than\nallowed. If you do, your vote in that contest will not count. If you\nmake a mistake, or want to change your vote, ask a poll worker for a new\nballot.\n  14. The state board of elections shall provide line drawing\nillustrations to supplement these instructions. At a minimum, an\nillustration of the correct way to mark the ballot shall be provided,\nbut nothing in this section shall be construed to limit the board in\nproviding additional illustrations.\n  15. When a question or proposal is included on the ballot,\ninstructions substantially like the following shall be included:\n           Instructions for Voting on Questions and Proposals\nTo vote on a question or proposal, mark the (insert "oval" or "square")\nto the (insert "left", "above" or "below") of your choice. If you make a\nmistake, or want to change your vote, ask a poll worker for a new\nballot.\n  16. When a question or proposal appears on the back of the ballot,\nthere shall appear on the front of the ballot words or a symbol\nindicating that the voter should turn over the ballot.\n  17. The voting oval or square shall be to the left of the name of the\ncandidate.\n  18. All text, including the name of each candidate as provided in\nsubdivision three of this section, shall be printed using standard\ncapitalization in accordance with instructions provided by the state\nboard of elections and shall not be printed using all capital letters.\n  19. The ballot shall use one font or font family with enough\nvariations for all text needs.\n  20. "Vote for one" or "Vote for up to ......" (the blank space to be\nfilled with the number of persons to be nominated for the office or\nelected to the position), as applicable, shall be printed immediately\nbelow each office title appearing on the ballot.\n  21. No party emblems shall be printed on the ballot.\n  22. The names of candidates for the same office shall appear on the\nsame page and in the same column or columns or row or rows of that page\nof a printed ballot, and may not be separated by a perforation.\n  23. All text, including the title of each office and the name of each\ncandidate, shall be printed flush left and shall not be centered on the\nballot or in any column or row appearing on the ballot; provided\nhowever, in a multi-column or multi-row contest, the title and number of\nallowable selections to be made for each such office may be centered.\n  24. If used, shading shall be used consistently, so as to\ndifferentiate instructions from ballot section dividers and contest\ninformation.\n  25. Above, below, or to the right of the name of each candidate, shall\nbe printed, in less prominent type face than that in which the\ncandidate's name is printed, the name of the political party or\nindependent body by which the candidate was nominated or designated.\n  26. All paper ballots of the same kind for the same polling place\nshall be identical.\n  27. To the extent practicable, the ballot shall also comply with the\nfollowing specifications:\n  (a) The instructions in subdivision ten of this section shall be\nprinted in the upper left hand corner of the front of the ballot;\n  (b) The name of each candidate shall be printed using a font size of\nnot less than nine points;\n  (c) When the instructions are contained on the ballot, there shall be\na clear delineation between the ballot instructions and the first office\nor ballot question or proposal through the use of white space,\nillustration, shading, color, font size, or bold type.\n
N.Y. PBH Law § 2509-D — New York Code / Act PBH / Article 25 / Title 1 / Section 2509-D
Veterans reproductive mental health care
Status: in_force

§ 2509-d. Veterans reproductive mental health care. 1. As used in this\nsection:\n  (a) "Maternal health care provider" means a physician, midwife, nurse\npractitioner, physician assistant, or other health care practitioner\nacting within their lawful scope of practice, attending a pregnant\nveteran or a veteran up to one year after childbirth, including a\npractitioner attending the veteran's child up to one year after\nchildbirth.\n  (b) "Women veterans coordinator" shall mean the women veterans\ncoordinator appointed pursuant to section nineteen of the veterans'\nservices law.\n  (c) "Veteran" shall have the same meaning as such term is defined in\nsection one of the veterans' services law and shall also include a\nveteran who has a qualifying condition, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, or is a discharged LGBT\nveteran, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service.\n  2. (a) The commissioner, in consultation with the commissioner of\nmental health and the women veterans coordinator, shall make available\nto maternal health care providers information on veterans reproductive\nmental health care. The information shall include, but not be limited\nto:\n  (i) the importance of identifying whether a patient has served in the\nmilitary in providing adequate maternal health care to veterans;\n  (ii) ensuring that all pregnant veteran patients are appropriately\nscreened for depression, intimate partner/domestic violence, military\nsexual trauma, post-traumatic stress disorder, anxiety, substance abuse,\nand postpartum depression;\n  (iii) a summary of the current evidence-based and professional\nguidelines for the screening of conditions listed in subparagraph (ii)\nof this paragraph;\n  (iv) validated, evidence-based tools for screening the conditions\nlisted in subparagraph (ii) of this paragraph; and\n  (v) information about follow-up support for patients who may require\nfurther evaluation, referral, or treatment including, when available,\ninformation about specific community resources and entities licensed by\nthe office of mental health.\n  (b) The information on veterans reproductive mental health care shall\nbe posted on the department's website. The commissioner shall, in\ncollaboration with the commissioner of mental health and the women\nveterans coordinator, update and review the information on veterans\nreproductive mental health, as necessary.\n  3. The commissioner, in consultation with the commissioner of mental\nhealth and the women veterans coordinator, shall: (a) inform providers\nof the need to raise awareness about veterans reproductive mental health\nissues; and (b) provide information on the department and the office of\nmental health's websites regarding how to locate available providers who\ntreat or provide support for veterans reproductive mental health issues\nincluding maternal depression including but not limited to, mental\nhealth professionals, other licensed professionals, peer support,\nnot-for-profit corporations and other community resources.\n  4. The commissioner, in consultation with the women veterans\ncoordinator, shall make any regulations necessary to implement this\nsection.\n
N.Y. ELD Law § 212 — New York Code / Act ELD / Article 2 / Title 1 / Section 212
Grants or gifts
Status: in_force

§ 212. Grants or gifts. The director, with the approval of the\ngovernor, may accept as agent of the state any gift, grant, devise or\nbequest, whether conditional or unconditional (notwithstanding the\nprovisions of section eleven of the state finance law), and including\nfederal grants, for any of the purposes of this article. Any moneys so\nreceived may be expended by the office to effectuate any purpose of this\ntitle, subject to the same limitations as to approval of expenditures\nand audit as are prescribed for state moneys appropriated for the\npurposes of this title.\n
N.Y. EDN Law § 664 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 1 / Section 664
Concurrent awards
Status: in_force

§ 664. Concurrent awards. 1. a. No person shall receive benefits\nconcurrently from more than one academic performance award under this\nchapter, except for the regents scholarship in Cornell university. Nor\nshall any person receive benefits from an academic performance award\nunder this chapter concurrently with any scholarship, grant, or\neducational assistance under federal law that, in the judgment of the\ncommissioner would duplicate the purpose of such academic performance\naward, except United States war orphan educational benefits or benefits\nunder the veterans' readjustment benefits act of nineteen hundred\nsixty-six.\n  b. A person may receive concurrently a tuition assistance program\naward, a regents award for children of deceased and disabled veterans\nand a regents award for children of deceased police officers,\nfirefighters and volunteer firefighters, and correction officers of the\nstate or any political subdivision thereof, and may also receive\nbenefits under one or all of these awards concurrently with an academic\nperformance award or federal or other awards. However, in the case of\nthe regents awards for children of deceased state correction officers\nand state civilian employees of a correctional facility received\npursuant to the provisions of section six hundred sixty-nine of this\narticle, no person shall receive benefits under this award concurrently\nwith any other general or academic performance award under this chapter,\nor with any scholarship, grant, or educational assistance under federal\nlaw that, in the judgment of the commissioner would duplicate the\npurposes of such award.\n  c. A person may receive concurrently a tuition assistance award and a\nscholarship for academic achievement pursuant to subdivision eighteen of\nsection three hundred fifty-five of this chapter.\n  2. Where concurrent use of two or more awards is not permitted under\nthis section, a student qualifying for two or more awards must choose\nwhich award he wishes to accept.\n  3. The board shall promulgate, subject to the approval of the regents,\nrules and regulations which shall govern the use of state awards and\nloans concurrently with awards and loans granted to a student by any\nother political entity or subdivision, institute, corporation, agency,\nor foundation.\n
N.Y. EDN Law § 915-A — New York Code / Act EDN / Title 1 / Article 19 / Section 915-A
Universal free school meals
Status: in_force

§ 915-a. Universal free school meals. 1. The department shall require\nall school districts, charter schools and non-public schools in the\nstate that participate in the national school lunch program or school\nbreakfast program as provided in the Richard B. Russell National School\nLunch Act and the Child Nutrition Act, as amended, to serve breakfast\nand lunch at no cost to the student. School districts, charter schools\nand non-public schools shall maximize federal reimbursement for school\nbreakfast and lunch programs by adopting Provision 2, the federal\nCommunity Eligibility Provision, or any other provision under such Act,\nthe National School Lunch Act or the National Child Nutrition Act that,\nin the opinion of the department, maximizes federal funding for meals\nserved in such programs. Provided that school food authorities that do\nnot qualify as a single entity to participate in the community\neligibility provision shall be required to group schools within the\nschool food authority, to the extent possible, for purposes of\nmaximizing participation in the community eligibility provision, and\nprovided further that school food authorities shall reapply annually for\nthe community eligibility provision program in the event that doing so\nwould result in a higher percentage of meals being reimbursed at the\nfederal reimbursement rate for a free meal.\n  2. Notwithstanding any provision of law, rule or regulation to the\ncontrary, for the two thousand twenty-five--two thousand twenty-six\nschool year and each school year thereafter, for each breakfast and\nlunch meal served, the department shall reimburse the school food\nauthority the difference between (a) the combined state and federal\nreimbursement rate for a reduced-price or paid meal, respectively, for\nthe current school year and (b) the combined state and federal\nreimbursement rate for a free meal for the current school year, provided\nthat the total reimbursement rate for each meal served shall equal the\ncombined state and federal reimbursement rate for a free meal for the\ncurrent school year.\n  3. The department, in consultation with the office of temporary and\ndisability assistance, shall promulgate any rule or regulation needed\nfor school districts, charter schools and non-public schools to promote\nthe supplemental nutrition assistance program to a student or person in\nparental relation to a student by providing either application\nassistance or a direct referral to an outreach partner identified to the\ndepartment by the office of temporary and disability assistance to\nmaximize the number of students directly certified for free school\nmeals.\n  4. In addition to fulfilling any other applicable state and federal\nrequirements, the department shall provide technical assistance to\nassist school districts, charter schools, and non-public schools in the\ntransition to universal school meals to ensure successful program\noperations and to maximize federal funding, including but not limited to\nthe following:\n  (a) Assisting school food authorities with one or more schools\nqualifying for the community eligibility provision in meeting any state\nand federal requirements necessary in order to maximize reimbursement\nthrough the community eligibility provision, including assisting such\nschool food authorities in maximizing participation in the community\neligibility provision.\n  (b) If a school food authority is ineligible to participate in and\nreceive reimbursement through the community eligibility provision,\nassisting the school food authority in achieving and maximizing\neligibility and, if that is not feasible, assisting the school food\nauthority in determining the viability of using Provision 2 or other\nspecial federal provisions available to schools to maximize federal\nreimbursement.\n  5. School districts, charter schools, and non-public schools shall\nmaximize the number of students eligible for free meals by conducting\nthe Direct Certification Matching Process at a minimum of three times\nper year, designating children as "Other Source Categorically Eligible",\nas defined by federal regulations, or, for schools not participating in\nthe Community Eligibility Provision or Provision 2, by annually\ncollecting the free and reduced-price meal application.\n
N.Y. EDN Law § 816 — New York Code / Act EDN / Title 1 / Article 17 / Section 816
Local library and school partnerships
Status: in_force

§ 816. Local library and school partnerships. 1. Legislative intent.\nIn order to promote and encourage children to read and learn outside the\nclassroom, this law seeks to encourage local libraries and schools to\nwork together to promote the availability of library services and\nresources.\n  2. Definitions. For the purposes of this section, the following terms\nshall be defined as follows:\n  a. "School district" shall mean any public school district in the\nstate of New York that contains one or more schools with any combination\nof grades from and including kindergarten through grade twelve.\n  b. "Public library" shall mean any public or association library as\ndefined in section two hundred fifty-three of this title.\n  3. Upon the request of a public library that is located within the\nboundaries of a school district, the district shall disseminate\ninformational materials provided by the library regarding the public\nlibrary and applications for public library cards to students enrolled\nin the school district. Such materials shall be distributed to any or\nall of the following, as requested by the public library:\n  a. annually to every student of such school district upon his or her\nentry into kindergarten, grade six and grade nine, except that a library\nand school may agree to alternate or additional grades;\n  b. to every student upon his or her enrollment as a new student; and\n  c. available at all times in the school library in each school within\nthe school district for students and parents who wish to obtain such\nmaterials.\n  4. The director of each participating public library shall consult\nannually with the school district in order to coordinate the provision\nof materials containing information regarding the library, instructions\non how students may obtain a library card and an application for a\nlibrary card.\n  5. Each public library that is located in the school district shall\nprovide sufficient copies of such materials to the school district for\ndistribution as described in subdivision three of this section so that\neach school may satisfy the requirements of this section.\n  6. In the event there is no public library located within the\nboundaries of a school district, such school district shall not be\nrequired to comply with this section.\n  7. The commissioner shall have the authority to establish rules and\nregulations to implement the provisions of this section.\n  8. Nothing in this act shall require a school district to expend\nadditional funds in order to comply with the provisions of this section.\n  9. This section shall not apply to a school district or a library in a\ncity of one million or more where such district or library are subject\nto a local law which was adopted prior to the enactment of this section\nand which provides for the distribution of library materials in public\nschools.\n
N.Y. SOS Law § 374-B — New York Code / Act SOS / Article 6 / Title 1 / Section 374-B
Authority to operate agency boarding home
Status: in_force

§ 374-b. Authority to operate agency boarding home. 1. An authorized\nagency which is not a court, public board, commission, or official, is\nhereby empowered and permitted to operate agency boarding homes in\ncompliance with regulations of the department; and a social services\nofficial who is authorized to place children in family homes and\ninstitutions, pursuant to section three hundred ninety-eight, may be\nauthorized by the department to operate agency boarding homes, in\ncompliance with such regulations, if such official applies for such\nauthority and demonstrates to the department his need therefor and that\nsuitable care is not otherwise available for children and/or minors\nunder the care of such official through an authorized agency under the\ncontrol of persons of the same religious faith as such children. No\nagency boarding home shall care for more than six children or minors\nexcept that such a home may provide care for more than six brothers and\nsisters of the same family. Such homes shall be subject to supervision,\nvisitation and inspection by the department and shall also be subject to\nvisitation and inspection by the board.\n  2. (a) If an authorized agency plans to establish one or more boarding\nhomes within a municipality, it shall notify the chief executive officer\nof the municipality in writing of its intentions and include in such\nnotice a description of the nature, size and the community support\nrequirements of the program.\n  (b) For purposes of this subdivision, "municipality" means an\nincorporated village, if a facility is to be located therein; a town, if\nthe facility is to be located therein, and not simultaneously within an\nincorporated village; or a city, except that in the city of New York,\nthe community board with jurisdiction over the area in which such a\nfacility is to be located shall be considered the municipality.\n  3. An authorized agency that has received approval from the office of\nchildren and family services may operate a supervised independent living\nprogram, as defined in section three hundred seventy-one of this title.\nThe office of children and family services shall promulgate regulations\nestablishing the standards for approval and operation of supervised\nindependent living programs.\n
N.Y. MRE Law § 256 — New York Code / Act MRE / Article 7 / Title 1 / Section 256
Bulkheads and scuttles
Status: in_force

§ 256. Bulkheads and scuttles.  1. Every required stair and fire-stair\nin a dwelling three stories or more in height shall have a bulkhead\nconstructed as provided for fireproof dwellings in section two hundred\nfour.\n  2. A dwelling which is two stories or less in height shall be provided\nat each required stair or fire-stair either with such bulkhead or with a\nscuttle at least two feet by three feet in size, located in the ceiling\nof the public hall on the top story. Every such scuttle shall be\narranged to be readily opened, shall be covered on the outside with\nmetal and shall be provided with stairs or a stationary metal ladder\nleading thereto and easily accessible to all the occupants of the\ndwelling.\n  3. When the roof of a dwelling is pitched or sloped more than fifteen\ndegrees, no bulkhead or scuttle, or stair or ladder leading thereto,\nshall be required.\n
N.Y. EXC Law § 501 — New York Code / Act EXC / Article 19-G / Title 1 / Section 501
General functions, powers and duties of division
Status: in_force

§ 501. General functions, powers and duties of division. The division\nfor youth shall have the following functions, powers and duties: 1. To\ndevelop policies and plans for improving the administration of division\nfacilities and the delivery of services therein.\n  2. To establish, operate and maintain treatment programs and other\nservices for youth placed with or committed to the division and programs\nfor the care of conditionally released children.\n  3. To establish, operate and maintain division facilities and to\ncontract with authorized agencies as defined in section three hundred\nseventy-one of the social services law for the operation and maintenance\nof non-secure facilities.\n  4. To establish, operate and maintain all division facilities and\nprograms and all necessary powers to see that the purposes of each\nfacility or program are carried into effect.\n  5. To promulgate rules and regulations for the establishment,\noperation and maintenance of division facilities and programs.\n  6. To enter into contracts with any person, firm, corporation,\nnot-for-profit corporation, authorized agency as defined by section\nthree hundred seventy-one of the social services law, municipality or\ngovernmental agency.\n  7. To establish, operate and maintain programs and services\nalternative to division facilities for persons placed with the division\npursuant to section five hundred seven-a of this article. The division\nmay contract with political subdivisions of the state, agencies thereof\nor supported thereby, not-for-profit associations, institutions or\nagencies concerned with youth, for the operation and maintenance of such\nprograms and services.\n  8. (a) Subject to the amounts appropriated therefor, to establish,\noperate and maintain or to contract for the operation and maintenance of\nprograms which may include, but not be limited to work training programs\nand alternative to placement programs authorized by law, in order to\nprevent and control juvenile delinquency, and to advance the moral,\nphysical, mental and social well-being of the youth of this state;\n  (b) To establish and operate or to participate with the federal\ngovernment in the establishment and operation of job corps camps\npursuant to the federal economic opportunity program and any federal\nlaws amendatory or supplemental thereto, and to accept and receive such\nyouths as may be referred by federal agencies pursuant to such law.\n  9. To cooperate with other departments, divisions and agencies of the\nstate, its political subdivisions and municipalities and cooperate with\npublic and private agencies and departments throughout the state in\norder to assist in the rehabilitation and training of youth placed with\nor committed to the division.\n  10. To encourage and foster an exchange of information and to\ncooperate with social agencies, both public and private, which may be\nadministering to the needs or assisting any members of the families of\nyouth placed with or committed to the division.\n  11. To develop a comprehensive five year plan for the provision of\nservices for youths ordered by the court into the custody of the\ndivision. Such plan shall include, but not be limited to:\n  (a) a projection of the numbers of youths to be placed into or\ncommitted to the care of the division at secure, limited secure and\nnon-secure levels of care for the five years encompassed by the plan;\n  (b) an analysis of current and anticipated utilization of division\nfacilities;\n  (c) a plan for increasing or decreasing residential capacities at all\nlevels as indicated by paragraph (b) of this subdivision;\n  (d) a comprehensive description of the types of services and programs\nto be provided to youths in the custody of the division; and\n  (e) a plan for containing costs at all levels of residential care.\n  12. To promulgate regulations concerning standards for the protection\nof children in residential facilities and programs operated or certified\nby the division, from abuse and maltreatment. Such standards shall\ninclude the prevention and remediation of abuse and maltreatment of\nchildren in such residential facilities or programs, including\nprocedures for:\n  (a) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, the review and\nevaluation of the backgrounds of and the information supplied by any\nperson applying to be an employee, a volunteer or consultant which shall\ninclude but not be limited to the following requirements: that the\napplicant set forth his or her employment history, provide personal and\nemployment references and relevant experiential and educational\ninformation and sign a sworn statement indicating whether the applicant,\nto the best of his or her knowledge, has ever been convicted of a crime\nin this state or any other jurisdiction;\n  (b) establishing for employees, relevant minimal experiential and\neducational qualifications, consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n  (c) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n  (d) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nreported to the state central register as well as other children in\ncare, immediately upon notification that a report of child abuse or\nmaltreatment has been made with respect to a child in a residential\nfacility or program;\n  (e) removing of a child, consistent as applicable with any court order\nplacing the child, when it is determined that there is risk to such\nchild if he or she continues to remain within a residential facility or\nprogram; and\n  (f) appropriate preventive and remedial action to be taken, including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n  Such standards shall also establish as a priority that:\n  (i) subject to the amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing: child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from abuse and\nmaltreatment, and other appropriate topics; provided however, that the\ndivision may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience;\n  (ii) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the residential facility or\nprogram, in techniques and procedures which will enable such children to\nprotect themselves from abuse and maltreatment.\n  The division shall take all reasonable and necessary actions to assure\nthat employees, volunteers and consultants in residential facilities and\nprograms are kept apprised on a current basis of all division policies\nand procedures relating to the protection of children from abuse and\nmaltreatment, and shall monitor and supervise the provision of training\nto such administrators, employees, volunteers, children and consultants.\nSuch standards shall, to the extent possible, be consistent with those\npromulgated by other state agencies for such purposes.\n  13. To cooperate with the state department of social services and\nother departments, divisions and agencies of the state when a report is\nreceived pursuant to title six of article six of the social services law\nto protect the health and safety of children in residential facilities\nor programs. Such cooperation shall include: the making of reports of\nalleged child abuse and maltreatment, providing necessary assistance to\nthe state department of social services in the department's\ninvestigation thereof and considering the recommendations of the state\ndepartment of social services for appropriate preventive and remedial\naction, including legal actions, and provide or direct the residential\nfacility to provide such written reports thereon to the department of\nsocial services as to the implementation of plans of prevention and\nremediation approved by the division pursuant to title six of article\nsix of the social services law.\n  14. To provide for the development and implementation of a plan of\nprevention and remediation with respect to an indicated report of child\nabuse or maltreatment. Such action shall include: (a) within ten days of\nreceipt of an indicated report of child abuse or maltreatment,\ndevelopment and implementation of a plan of prevention and remediation\nto be taken with respect to a custodian or the residential facility in\norder to assure the continued health and safety of children and to\nprovide for the prevention of future acts of abuse or maltreatment; and\n(b) development and implementation of a plan of prevention and\nremediation, in the event an investigation of a report of alleged child\nabuse or maltreatment determines that some credible evidence of abuse or\nmaltreatment exists and such abuse or maltreatment may be attributed in\nwhole or in part to noncompliance by the residential facility or program\nwith provisions of this chapter or regulations of the division\napplicable to the operation of such residential facility or program. Any\nplan of prevention and remediation required to be developed pursuant to\nparagraph (b) of this subdivision by a facility supervised by the\ndivision shall be submitted to and approved by the division in\naccordance with time limits established by regulations of the division.\nImplementation of the plan shall be monitored by the division. In\nreviewing the continued qualifications of a residential facility or\nprogram for an operating certificate, the division shall evaluate such\nfacility's compliance with plans of prevention and remediation developed\nand implemented pursuant to this subdivision.\n  15. In the event that the office of children and family services\ndetermines that significant service reductions, public employee staffing\nreductions and/or the transfer of operations to a private or\nnot-for-profit entity are anticipated in the office of children and\nfamily services long term planning process or for a particular facility\nin a future year, to take the following actions:\n  (a) confer with the department of civil service, the governor's office\nof employee relations and any other state agency to develop strategies\nwhich attempt to minimize the impact on the state workforce by providing\nassistance in obtaining state employment in state-operated\ncommunity-based services or other employment opportunities, and to\ndevelop strategies for the development of necessary retraining and\nredeployment programs. In planning such strategies, the commissioner of\nthe office of children and family services shall provide for the\nparticipation of the representatives of the employee labor organizations\nand for the participation of managerial and confidential employees to\nensure continuity of employment;\n  (b) consult with the department of economic development and any other\nappropriate state agencies to develop strategies which attempt to\nminimize the impact of such significant service reductions, public\nemployee staffing reductions and/or the transfer of operations to a\nprivate or not-for-profit entity on the local and regional economies;\n  (c) provide for a mechanism which may reasonably be expected to\nprovide notice to local governments, community organizations, employee\nlabor organizations, managerial and confidential employees, consumer and\nadvocacy groups of the potential for significant service reductions,\npublic employee staffing reductions and/or the transfer of operations to\na private or not-for-profit entity at such state-operated facilities, at\nleast twelve months prior to commencing such service reduction; and\n  (d) consult with the office of general services and any other\nappropriate state agency in developing a mechanism for determining\nalternative uses for land and buildings to be vacated by the office of\nchildren and family services. Such a mechanism should include a review\nof other programs or state agencies that could feasibly expand their\noperations onto a state-operated campus and are compatible with health,\nsafety and programmatic needs of persons served in such facilities.\n  16. To perform such acts as are necessary or convenient to carry out\nthe division's functions, powers and duties in furtherance of the best\ninterests of youth, consistent with the provisions of this article.\n
N.Y. MDW Law § 152 — New York Code / Act MDW / Article 5 / Title 1 / Section 152
Fire-stopping
Status: in_force

§ 152. Fire-stopping. 1. In every wall where wooden furring is used\nevery course of masonry from the under side to the top of any floor\nbeams shall project a distance of at least two inches beyond each face\nof the wall that is not on the outside of the dwelling; and whenever\nfloor beams run parallel to a wall and wooden furring is used, every\nsuch beam shall always be kept at least two inches away from the wall,\nand the space between the beams and the wall shall be built up solidly\nwith brickwork from the under side to the top of the floor beams.\n  2. Whenever a wall is studded off, the space between an inside face of\nthe wall and the studding at any floor level shall be fire-stopped.\nEvery space between beams directly over a studded-off space shall be\nfire-stopped by covering the bottom of the beams with metal lath and\nplaster and placing a loose fill of incombustible material at least four\ninches thick on the plaster between the beams, or hollow-burned clay\ntile or gypsum plaster partition blocks, at least four inches thick in\neither case and supported by cleats, shall be used to fill the spaces\nbetween beams.\n  3. Partitions which are not parallel with the wood floor beams and\nwhich separate one apartment or suite from another or any part of an\napartment or suite from a public hall or other part of the dwelling\noutside the apartment or suite shall be filled in solidly with\nincombustible material between the floor beams from the plate of the\npartition below to the full depth of the floor beams.\n  4. If a dwelling is within ten feet of another non-fireproof building\nor of a side lot line, such dwelling shall have its eaves or cornices\nbuilt up solidly with masonry.\n  5. The wooden frames in any cornice on any row of buildings shall be\nseparated between buildings by a complete fire-stop.\n  6. Every space between stair carriages of any non-fireproof stair\nshall be fire-stopped by a header beam at top and bottom. Where a stair\nrun is not all in one room or open space, the stair carriages shall have\nan intermediate firestop, so located as to cut off communication between\nportions of the stair in different rooms or open spaces. The underside\nand stringers of every unenclosed stair of combustible material shall be\nfire-retarded.\n  7. All partitions required to be fire-retarded shall be fire-stopped\nwith incombustible material at floors, ceilings and roofs.\nFire-stopping over partitions shall extend from the ceiling to the\nunderside of any roofing above. Any space between the top of a partition\nand the underside of roof boarding shall be completely fire-stopped.\n
N.Y. MDW Law § 147 — New York Code / Act MDW / Article 5 / Title 1 / Section 147
Bulkheads and scuttles
Status: in_force

§ 147. Bulkheads and scuttles. 1. Except as otherwise provided in\nsubdivision two of this section, every required stair, fire-stair and\nfire-tower in dwellings three stories or more in height shall have a\nbulkhead constructed as provided for fireproof dwellings in section one\nhundred four, except that the bulkhead of any required stair which is\nnot required to be fireproof may be built of wood covered on the outside\nwith twenty-six gauge metal and on the inside with wire or metal lath\ncovered with two coats of cement plaster or other fire-retarding\nmaterial approved by the department.\n  2. Such a dwelling which is two stories or less in height, or is three\nstories in height and erected pursuant to plans filed with the\ndepartment on or after May first, nineteen hundred fifty-nine and\noccupied by not more than one family on each story, shall be provided at\neach required stair, fire-stair or fire-tower either with such a\nbulkhead or with a scuttle at least two feet by three feet in size,\nlocated in the ceiling of the public hall on the top story and so\narranged as to provide direct and uninterrupted access to the roof.\nEvery such scuttle shall be arranged to be readily opened, shall be\ncovered on the outside with metal and shall be provided with stairs or a\nstationary iron ladder or ladders leading thereto and easily accessible\nto all the tenants of the dwelling.\n  3. No bulkhead or other superstructure on the roof shall be used for\nhuman occupancy.\n  4. When a dwelling has a pitched or sloping roof with a pitch or slope\nof more than fifteen degrees, no bulkhead or scuttle or stair or ladder\nleading thereto shall be required.\n
N.Y. PBH Law § 208 — New York Code / Act PBH / Article 2 / Title 1 / Section 208
Deputy commissioners; appointment; qualifications and duties
Status: in_force

§ 208. Deputy commissioners; appointment; qualifications and duties.\n1. The commissioner shall appoint and at pleasure remove a first deputy\ncommissioner and such other deputy commissioners as he shall deem\nnecessary for the proper organization and general classification of the\nwork of the department.\n  2. The first deputy commissioner shall be a physician licensed or\neligible for license to practice medicine and surgery in this state, and\nwho shall have been actively engaged in the practice of his profession\nfor a period of at least five years.\n  3. The deputy commissioners shall perform such duties as shall be\nprescribed by the commissioner.\n
N.Y. PBH Law § 1303 — New York Code / Act PBH / Article 13 / Title 1 / Section 1303
Nuisances; local boards of health; general powers and duties
Status: in_force

§ 1303. Nuisances; local boards of health; general powers and duties.\n1. Every local board of health and local health officer shall receive\nand examine into all complaints made by any inhabitant concerning\nnuisances, or causes of danger or injury to life and health within the\nhealth district, and may enter upon or within any place or premises\nwhere nuisances or conditions dangerous to life and health or which are\nthe cause of nuisances existing elsewhere are known or believed to\nexist, and by its members or other persons designated for that purpose,\ninspect and examine the same.\n  2. The local board of health or local health officer having the powers\nof a local board of health shall furnish the owners, agents and\noccupants of the premises with a written statement of the results and\nconclusions of any examination conducted pursuant to the provisions of\nsections one thousand three hundred three to one thousand three hundred\nfive, inclusive, of this chapter.\n  3. Every local board of health shall order the suppression and removal\nof all nuisances and conditions detrimental to life and health found to\nexist within the health district.\n  4. Whenever the commissioner shall by notice to the presiding officer\nof any local board of health, direct him to convene such local board to\ntake certain definite proceedings concerning which the commissioner\nshall be satisfied that the action recommended by him is necessary for\nthe public good, and is within the jurisdiction of such board of health,\nsuch presiding officer shall convene such local board of health, which\nshall take the action directed.\n
N.Y. DOM Law § 75-A — New York Code / Act DOM / Article 5-A / Title 1 / Section 75-A
Definitions
Status: in_force

§ 75-a. Definitions. In this article:\n  1. "Abandoned" means left without provision for reasonable and\nnecessary care or supervision.\n  2. "Child" means an individual who has not attained eighteen years of\nage.\n  3. "Child custody determination" means a judgment, decree, or other\norder of a court providing for the legal custody, physical custody, or\nvisitation with respect to a child. The term includes a permanent,\ntemporary, initial, and modification order. The term does not include an\norder relating to child support or other monetary obligation of an\nindividual.\n  4. "Child custody proceeding" means a proceeding in which legal\ncustody, physical custody, or visitation with respect to a child is an\nissue. The term includes a proceeding for divorce, separation, neglect,\nabuse, dependency, guardianship, paternity, termination of parental\nrights, and protection from domestic violence, in which the issue may\nappear. The term does not include a proceeding involving juvenile\ndelinquency, person in need of supervision, contractual emancipation, or\nenforcement under title three of this article.\n  5. "Commencement" means the filing of the first pleading in a\nproceeding.\n  6. "Court" means an entity authorized under the law of a state to\nestablish, enforce, or modify a child custody determination.\n  7. "Home state" means the state in which a child lived with a parent\nor a person acting as a parent for at least six consecutive months\nimmediately before the commencement of a child custody proceeding. In\nthe case of a child less than six months of age, the term means the\nstate in which the child lived from birth with any of the persons\nmentioned. A period of temporary absence of any of the mentioned persons\nis part of the period.\n  8. "Initial determination" means the first child custody determination\nconcerning a particular child.\n  9. "Issuing court" means the court that makes a child custody\ndetermination for which enforcement is sought under this article.\n  10. "Issuing state" means the state in which a child custody\ndetermination is made.\n  11. "Modification" means a child custody determination that changes,\nreplaces, supersedes, or is otherwise made after a previous\ndetermination concerning the same child, whether or not it is made by\nthe court that made the previous determination.\n  12. "Person" means an individual, corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint\nventure, government, governmental subdivision, agency or\ninstrumentality, public corporation or any other legal or commercial\nentity.\n  13. "Person acting as a parent" means a person, other than a parent,\nwho:\n  (a) has physical custody of the child or has had physical custody for\na period of six consecutive months, including any temporary absence,\nwithin one year immediately before the commencement of a child custody\nproceeding; and\n  (b) has been awarded legal custody by a court or claims a right to\nlegal custody under the law of this state.\n  14. "Physical custody" means the physical care and supervision of a\nchild.\n  15. "State" means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any\nterritory or insular possession subject to the jurisdiction of the\nUnited States.\n  16. "Tribe" means an Indian tribe or band, or Alaskan Native village,\nwhich is recognized by federal law or formally acknowledged by a state.\n  17. "Warrant" means an order issued by a court authorizing law\nenforcement officers to take physical custody of a child.\n  18. "Law enforcement officer" means a police officer as defined in\nsubdivision thirty-four of section 1.20 of the criminal procedure law.\n
N.Y. PEN Law § 490.35 — New York Code / Act PEN / Part 4 / Title Y-1 / Article 490 / Section 490.35
Hindering prosecution of terrorism in the first degree
Status: in_force

§ 490.35 Hindering prosecution of terrorism in the first degree.\n  A person is guilty of hindering prosecution of terrorism in the first\ndegree when he or she renders criminal assistance to a person who has\ncommitted an act of terrorism that resulted in the death of a person\nother than one of the participants, knowing or believing that such\nperson engaged in conduct constituting an act of terrorism.\n  Hindering prosecution of terrorism in the first degree is a class B\nfelony.\n
N.Y. LAB Law § 376 — New York Code / Act LAB / Article 14 / Title 1 / Section 376
Mercantile establishments and restaurants
Status: in_force

§ 376. Mercantile establishments and restaurants. Every mercantile\nestablishment and restaurant shall be so constructed, equipped and\nmaintained as to provide reasonable and adequate protection to the\nlives, health and safety of all persons employed therein and frequenting\nthe same.\n  Every room in a mercantile establishment or restaurant and every part\nthereof and all fixtures therein shall at all times be kept sanitary.\nFloors shall be kept in safe condition. Suitable receptacles shall be\nprovided and used for the storage of waste and refuse, and shall be\nmaintained in a sanitary condition.\n