N.Y. VAT Law § 415 — New York Code / Act VAT / Title 4 / Article 16 / Section 415
Registration of manufacturers, dealers, repairmen and others
Status: in_force

§ 415. Registration of manufacturers, dealers, repairmen and others.\n1. Definitions. The following terms when used in this article, shall be\ndeemed to mean and include:\n  a. "Dealer" means a person engaged in the business of buying, selling\nor dealing in motor vehicles, motorcycles or trailers, other than mobile\nhomes or manufactured homes, at retail or wholesale; except, however,\ntrailers with an unladen weight of less than one thousand pounds. For\nthe purposes of this section, a "mobile home" or "manufactured home"\nmeans a mobile home or manufactured home as defined in section one\nhundred twenty-two-c of this chapter. Any person who sells, or offers\nfor sale more than five motor vehicles, motorcycles or trailers in any\ncalendar year or who displays or permits the display of three or more\nmotor vehicles, motorcycles or trailers for sale at any one time or\nwithin any one calendar month upon premises owned or controlled by him\nor her, if such vehicles were purchased, acquired or otherwise obtained\nby such person for the purpose of resale, will be regarded as a dealer.\nExcept as otherwise provided in subdivisions three, five, six-b, and\nseven of this section, the term "dealer" shall include a "new motor\nvehicle dealer" as defined by paragraph f of this subdivision and a\n"qualified dealer" as defined in paragraph g of this subdivision.\n  b. "Person" means any natural person, firm, corporation, partnership,\nlimited liability company, entity, joint venture, association or\norganization.\n  c. "Place of business" means a designated location at which the\nbusiness of the dealer is conducted, and, in relation to a retail\ndealer, facilities for displaying new or used motor vehicles.\n  d. "Retail dealer" means a dealer whose business consists in whole or\nin part of buying, selling or dealing in motor vehicles, motorcycles or\ntrailers at retail.\n  e. "Wholesale dealer" means a dealer whose business consists\nexclusively of buying, selling or dealing in motor vehicles, motorcycles\nor trailers at wholesale.\n  f. "New motor vehicle dealer" means a dealer who engages in the\nactivities described in paragraph a of this subdivision if such\nactivities relate to new motor vehicles and if such dealer is party to a\nfranchise, as the terms "new motor vehicle" and "franchise" are defined\nin section four hundred sixty-two of this title; provided, however, for\npurposes of this definition, a new motor vehicle shall include only\nthose motor vehicles commonly classified as a passenger automobile,\nsport utility vehicle, light truck, pickup truck, van, minivan, or\nsuburban, with a gross vehicle weight rating of ten thousand pounds or\nless, and shall not include (i) any such vehicle which has been\nconverted for use as a tow truck, or (ii) a motor vehicle for which the\ncurrent ownership document is a statement of acquisition issued pursuant\nto section four hundred twenty-nine of this title, a salvage\ncertificate, salvage certificate of title, nonrepairable certificate, or\nsimilar document issued by any state or jurisdiction; or (iii) any motor\nvehicle commonly classified as a bus, school bus, garbage truck, marine\ntrailer, tow truck, motorcycle, recreational vehicle, snowmobile,\ntrailer, mobile home or construction equipment; and provided further\nthat: (i) a dealer is a new motor vehicle dealer only with respect to\nthose vehicles which are of the same make as those which that dealer is\nauthorized to sell at that location pursuant to a valid franchise\nagreement; and (ii) a dealer is not acting as a new motor vehicle dealer\nwhen displaying, advertising, storing and/or demonstrating a new\nmobility vehicle.\n  g. "Qualified dealer" means a dealer, other than a new motor vehicle\ndealer or a dealer owned in whole or in part, directly or indirectly, by\na manufacturer, who:\n  (i) acting through a single person, but operating at one or more\nlocations of such single person, has displayed new motor vehicles for\nsale and/or lease, and has sold and/or leased (excluding sales or leases\nof any affiliates) a minimum of four thousand new and/or used motor\nvehicles annually (of which at least forty percent annually were new\nmotor vehicles) at retail regardless of make or model from any one or\nmore locations of such single person within the state, in each year from\nnineteen hundred ninety-five through and including nineteen hundred\nninety-eight, exclusively; or\n  (ii) has displayed new motor vehicles for sale and/or lease, and has\nsold and/or leased (excluding sales or leases of any affiliates) a\nminimum of two hundred twenty-five new and/or used motor vehicles (of\nwhich at least thirty-three and one-third percent were new motor\nvehicles) at retail, regardless of make or model, from any one or more\nlocations within the state, in the twelve-month period preceding August\nthirty-first, nineteen hundred ninety-nine; or\n  (iii) was issued an original certificate of registration as a dealer\nwith a validation date of May, nineteen hundred ninety-nine, has\ndisplayed new motor vehicles for sale and/or lease, and has sold and/or\nleased (excluding sales or leases of any affiliates) a minimum of one\nhundred fifty new and/or used motor vehicles (of which at least fifty\nwere new motor vehicles), regardless of make or model, from any one or\nmore locations within the state, in the period between July first,\nnineteen hundred ninety-nine and the effective date of chapter seven of\nthe laws of two thousand. Notwithstanding the provisions of subdivision\neighteen of this section, the total number of locations from which a\nqualified dealer eligible pursuant to this subparagraph may operate\nshall not exceed that number of locations operated by such qualified\ndealer on August thirty-first, nineteen hundred ninety-nine; or\n  (iv) was issued a certificate of registration as a dealer new and used\nwith a validation date of February, nineteen hundred ninety-eight and\nhas continuously held a certificate of registration as a dealer for the\nten years preceding the effective date of chapter seven of the laws of\ntwo thousand, and has sold and/or leased (excluding sales or leases of\nany affiliates) a minimum of two hundred new and/or used motor vehicles\n(of which at least twenty percent were new motor vehicles) regardless of\nmake or model, from one or more locations within the state in the period\nbetween September first, nineteen hundred ninety-eight through and\nincluding August thirty-first, nineteen hundred ninety-nine.\n  h. For the purposes of this section, "new motor vehicle" means a motor\nvehicle commonly classified as a passenger automobile, sport utility\nvehicle, light truck, pick up truck, van, minivan or suburban which\nmeets any one or more of the following criteria:\n  (i) a motor vehicle which has not been placed in consumer use; or\n  (ii) a motor vehicle which has not been transferred to someone other\nthan a distributor, new motor vehicle dealer, or qualified dealer; or\n  (iii) a motor vehicle which has less than one thousand miles on the\nodometer.\n  Provided, however, that such term shall not include any such vehicle\nwhich has been converted for use as a tow truck or any motor vehicle\ncommonly classified as a bus, school bus, garbage truck, marine trailer,\ntow truck, motorcycle, recreational vehicle, snowmobile, trailer, mobile\nhome or construction equipment.\n  i. "Used motor vehicle" means any vehicle not included in the\ndefinition of a new motor vehicle. Provided, however, that such term as\nused in paragraph g of this subdivision shall include only those motor\nvehicles commonly classified as a passenger automobile, sport utility\nvehicle, light truck, pick up truck, van, minivan or suburban, with a\ngross vehicle weight rating of ten thousand pounds or less, which (i) is\nnot deemed to be a "new motor vehicle" pursuant to paragraph h of this\nsubdivision, or (ii) has not been converted for use as a tow truck, or\n(iii) is not commonly classified as a bus, school bus, garbage truck,\nmarine trailer, tow truck, motorcycle, recreational vehicle, snowmobile,\ntrailer, mobile home, or construction equipment.\n  j. "Lease" means to arrange for a person to enter into an agreement\nsubject to the provisions of article nine-A of the personal property\nlaw, or to act as a lessor as defined in such article.\n  k. "Mobility vehicle" means a motor vehicle that is specially\nconverted and equipped to transport a person with a disability and is\naltered or modified for such use by an alterer or final stage\nmanufacturer pursuant to parts 567 and 568 of title 49 of the code of\nfederal regulations or a modifier pursuant to part 595 of title 49 of\nthe code of federal regulations and that:\n  (i) has a chassis that contains: (A) a permanently lowered floor or\npermanently lowered frame; or (B) a permanently raised roof and raised\ndoor; and\n  (ii) contains at least one of the following: (A) an electronic or\nmechanical wheelchair, scooter, or platform lift that enables a person\nto enter or exit the vehicle while occupying a wheelchair or scooter;\n(B) an electronic or mechanical wheelchair ramp that is installed as an\nintegral part or permanent attachment to the motor vehicle.\n  For the purposes of this section, the terms "alterer" and "final-stage\nmanufacturer" shall have the same meanings as such terms are defined in\npart 567.3 of title 49 of the code of federal regulations, and the term\n"modifier" shall mean any motor vehicle repair business that modifies a\nmotor vehicle to enable a person with a disability to operate, or ride\nas a passenger in, the motor vehicle.\n  l. "New mobility vehicle" means a mobility vehicle that has not\npreviously been titled or registered for operation by a consumer, either\nas a mobility vehicle or as a motor vehicle.\n  m. "Automobile broker business" shall have the meaning set forth in\nsubdivision one of section seven hundred thirty-six of the general\nbusiness law.\n  2. Registration of manufacturers, repairmen and certain others. A\nperson engaged in a business requiring the limited operation of motor\nvehicles, motorcycles or trailers in order to facilitate the delivery,\nrepair or improvement thereof, or the foreclosure or repossession\nthereof or the installation of something thereon or for the purpose of\ndismantling such motor vehicle, motorcycle or trailer, may, instead of\nobtaining vehicle registration, as provided by sections four hundred one\nand four hundred ten of this chapter, apply to the commissioner for\nregistration under this section.\n  3. Registration of new motor vehicle dealers, qualified dealers, and\nother motor vehicle dealers. a. No person shall engage in business as a\nnew motor vehicle dealer, or represent, advertise, or otherwise hold\nhimself or herself out as engaged or intending to engage in the business\nof selling new motor vehicles in this state, unless there shall have\nbeen issued to him or her, for a particular make, a certificate of\nregistration as a new motor vehicle dealer as provided in subdivision\nseven of this section, or unless there shall have been issued to him or\nher a certificate of registration as a qualified dealer as defined in\nparagraph g of subdivision one of this section; provided, however, for\npurposes of this subdivision, a new motor vehicle shall have the same\nmeaning as set forth in paragraph h of subdivision one of this section,\nbut shall not include a motor vehicle for which the current ownership\ndocument is a statement of acquisition issued pursuant to section four\nhundred twenty-nine of this title, a salvage certificate, salvage\ncertificate of title, nonrepairable certificate, or similar document\nissued by any state or jurisdiction. Only a person who has been issued a\ncertificate as a new motor vehicle dealer or a qualified dealer shall be\nentitled to engage in all dealer activities authorized under this\narticle and shall not be required to obtain an additional certificate of\nregistration under paragraph c of subdivision seven of this section. A\nqualified dealer shall be entitled to sell new motor vehicles of any\nmake.\n  b. No person shall engage in the business of selling new motor\nvehicles, or represent or advertise that he or she is engaged or intends\nto engage in the business of selling new motor vehicles in this state,\nunless there shall have been issued to him or her a certificate of\nregistration as a new motor vehicle dealer or as a qualified dealer as\nprovided in subdivision seven of this section. No person shall engage in\nbusiness as a dealer, or represent or advertise that he or she is\nengaged or intends to engage in such business in this state, unless\nthere shall have been issued to him or her a certificate of registration\nas provided in subdivision seven of this section. No provision of this\nsection shall be deemed to prohibit any dealer located outside of the\nstate from selling a new motor vehicle to a new motor vehicle dealer or\na qualified dealer.  No provision of this section shall be deemed to\nprohibit any person engaged in the leasing of new motor vehicles from\nselling a new motor vehicle to a third-party bank, finance company or\nother commercial lending institution, provided that such sale is made\nincidental to and concurrently with the lease of such new motor vehicle\nby such third party bank, finance company, or other commercial lending\ninstitution as the lessor, to a retail customer.\n  c. The issuance of such certificate of registration to a new motor\nvehicle dealer, a qualified dealer, or other motor vehicle dealer shall\nbe deemed to include the right to operate motor vehicles, motorcycles\nand trailers to the extent permitted by subdivision eight of this\nsection, instead of obtaining vehicle registration as provided by\nsections four hundred one and four hundred ten of this title. The\nprovisions of this section shall not apply to persons engaged in the\nbusiness of buying, selling or dealing in snowmobiles and/or snow\ntravellers.\n  3-a. Automobile broker business registration. No person shall engage\nin the automobile broker business or represent or advertise that he or\nshe is engaged or intends to engage in the automobile broker business in\nthis state, unless there shall have been issued to him or her a\ncertificate of registration as an automobile broker business by the\ncommissioner under this section pursuant to an application for\nregistration submitted pursuant to subdivision five of this section.\n  4. Number plates. A dealer, manufacturer, or other person, qualifying\nfor limited use of motor vehicles, motorcycles or trailers under\nsubdivisions two and three of this section, shall be entitled to receive\none or more sets of number plates for display thereon as the\ncommissioner may determine, upon payment of the required fee for each\nset. Number plates issued to dealers under this section shall bear\ndistinctive marks to distinguish them from manufacturer and transporter\nplates to be issued to other persons qualifying under this section.\nNumber plates issued to manufacturers under this section shall bear\ndistinctive marks to distinguish them from dealer and transporter plates\nto be issued to other persons qualifying under this section. A set of\nnumber plates shall consist of two plates in the case of a motor vehicle\nand one plate in the case of a motorcycle or trailer; provided, however,\nthat the commissioner, in his or her discretion, may issue, for any\nregistration year, only one number as a set for a motor vehicle, in\nwhich event a set of number plates for a motor vehicle shall consist of\none plate.\n  5. Application for registration. The application for registration\nunder this section shall be filed with the commissioner in such form and\ndetail as the commissioner shall prescribe, setting forth:\n  a. Name and residence address of applicant; if an individual, the name\nunder which he intends to conduct business; if a co-partnership, the\nname and residence address of each member thereof, and the name under\nwhich the business is to be conducted; if a corporation, the name of the\ncorporation and the name and residence address of each of the officers.\n  b. The place or places, including the complete address or addresses\nwhere the business is to be conducted and, in the case of an application\nto do business as a new motor vehicle dealer, the names of each line or\nmake of new motor vehicle which a manufacturer or distributor has\nauthorized the applicant to sell from each location and the date of\ninception of the franchise, as defined in section four hundred sixty-two\nof this title, which authorizes the applicant to sell such line or make\nfrom each location. A copy of each such franchise, or other\ndocumentation in lieu thereof satisfactory to the commissioner, shall be\nsubmitted to the commissioner at the time of application and upon each\nrenewal of each certificate to do business as a new motor vehicle\ndealer.\n  b-1. The name and address of the surety company which will issue the\nbond required by subdivision six-b of this section. If the bond is to be\nissued by an authorized agent of the surety company licensed by the\nstate, then the name and address of that agent may be provided in lieu\nof the information concerning the surety company.\n  b-2. A statement indicating any interest in the applicant's franchise\nentity by a person or entity described in paragraph f of subdivision\nseven of this section.\n  b-3. In the case of an application for registration as an automobile\nbroker business, the name and address of the surety company which will\nissue the bond required by subdivision one of section seven hundred\nforty-a of the general business law. If the bond is to be issued by an\nauthorized agent of the surety company licensed by the state, then the\nname and address of that agent may be provided in lieu of the\ninformation concerning the surety company.\n  c. Such further information as the commissioner may reasonably\nprescribe.\n  d. Before an application for an original certificate of registration\nis approved, the applicant must have on the premises to be licensed\nadequate space and proper facilities to retain and safeguard all records\nand documents he must maintain upon the licensed premises as required by\nthe vehicle and traffic law and the regulations of the commissioner.\n  The commissioner may require the applicant for registration to appear\nat such time and place as may be designated by the commissioner for\nexamination to enable him to determine the accuracy of the facts set\nforth in the written application, either for initial registration or\nrenewal thereof.\n  Every application under this section shall be verified by the\napplicant.\n  * 6. Fees. Every original application for registration as a dealer,\nautomobile broker or transporter shall be accompanied by an application\nfee of thirty-seven dollars and fifty cents, which shall in no event be\nrefunded. The annual fee for registration as a dealer, automobile broker\nor transporter or for renewal thereof shall be two hundred twenty-five\ndollars. The annual fee for any other registration under this section\nshall be fifty dollars. However, the commissioner may, in his or her\ndiscretion, issue a renewal of either registration for a period of two\nyears. The fee for a two-year renewal shall be twice the annual fee. The\nannual fee for dealer, manufacturer, or transporter number plates shall\nbe twenty dollars for each set. If the commissioner issues to dealers a\ndocument which is required to be used by a dealer to sell or transfer a\nvehicle, the fee for the issuance of each such document shall be five\ndollars. There shall be no refund of registration fee or fees for number\nplates in the event of suspension, revocation or voluntary cancellation\nof registration. The fee for any such transfer document issued by the\ncommissioner shall be refunded only upon the surrender of such document\nupon voluntary cancellation of registration.\n  * NB Effective until April 1, 2028\n  * 6. Fees. Every original application for registration as a dealer,\nautomobile broker or transporter shall be accompanied by an application\nfee of twenty-five dollars, which shall in no event be refunded. The\nannual fee for registration as a dealer, automobile broker or\ntransporter or for renewal thereof shall be one hundred fifty dollars.\nThe annual fee for any other registration under this section shall be\nfifty dollars. However, the commissioner may, in his or her discretion,\nissue a renewal of either registration for a period of two years. The\nfee for a two-year renewal shall be twice the annual fee. The annual fee\nfor dealer, manufacturer, or transporter number plates shall be twenty\ndollars for each set. If the commissioner issues to dealers a document\nwhich is required to be used by a dealer to sell or transfer a vehicle,\nthe fee for the issuance of each such document shall be one dollar.\nThere shall be no refund of registration fee or fees for number plates\nin the event of suspension, revocation or voluntary cancellation of\nregistration. The fee for any such transfer document issued by the\ncommissioner shall be refunded only upon the surrender of such document\nupon voluntary cancellation of registration.\n  * NB Effective April 1, 2028\n  * 6-a. Fees; deposited. Fees assessed under this section shall be paid\nto the commissioner for deposit to the general fund, with the exception\nof the four dollar increase in the fee for issuance of a document to be\nused by a dealer to sell or transfer a vehicle collected pursuant to\nsubdivision six of this section, which shall be deposited to the general\nfund through March thirty-first, two thousand four and from April first,\ntwo thousand four and thereafter to the dedicated highway and bridge\ntrust fund; and with the exception of the twelve dollar and fifty cent\nincrease in the fee for original application for registration as a\ndealer or transporter pursuant to subdivision six of this section and\nthe seventy-five dollar increase in the annual fee for registration as a\ndealer or transporter or for renewal pursuant to subdivision six of this\nsection, which shall be deposited to the dedicated highway and bridge\ntrust fund established pursuant to section eighty-nine-b of the state\nfinance law and the dedicated mass transportation fund established\npursuant to section eighty-nine-c of the state finance law and\ndistributed according to the provisions of subdivision (d) of section\nthree hundred one-j of the tax law.\n  * NB Effective until April 1, 2028\n  * 6-a. Fees; deposited. Fees assessed under this section shall be paid\nto the commissioner for deposit to the general fund.\n  * NB Effective April 1, 2028\n  6-b. Dealer, qualified dealer, and new motor vehicle dealer surety\nbond.  a. As a condition to obtaining a registration certificate\npursuant to this section, every new motor vehicle dealer applicant and\nevery qualified dealer applicant shall obtain and continue in effect a\nsurety bond in an amount of fifty thousand dollars executed by a surety\ncompany authorized to transact business in the state by the department\nof financial services of the state. As a condition to obtaining a\nregistration certificate pursuant to this section, every dealer\napplicant who is applying for a registration certificate in the first\ninstance or who sold fifty motor vehicles or fewer in the previous\ncalendar year shall obtain and continue in effect a surety bond in an\namount of twenty thousand dollars executed by a surety company\nauthorized to transact business in the state by the department of\nfinancial services of the state. As a condition of obtaining a\nregistration certificate pursuant to this section, every dealer\napplicant who sold more than fifty motor vehicles in the previous\ncalendar year shall obtain and continue in effect a surety bond in an\namount of one hundred thousand dollars executed by a surety company\nauthorized to transact business in the state by the department of\nfinancial services of the state. The bonds shall be approved as to form\nby the commissioner and shall be conditioned on the new motor vehicle\ndealer's, qualified dealer's, and dealer's: payment of all valid bank\ndrafts, including checks, drawn by such dealer for the purchase of motor\nvehicles; transfer of good title to each motor vehicle such dealer\nsells; safekeeping of all customer deposits related to the sale of a\nmotor vehicle between the time of receipt of such customer deposit and\nthe transfer of good title to the vehicle to the customer; payment for\nall fines imposed upon the new motor vehicle dealer, qualified dealer,\nor dealer by the commissioner pursuant to the provisions of this\nchapter; and such dealer's repayment of any overcharges of a customer by\nsuch dealer for the vehicle registration and titling charges payable to\nthe commissioner for registering and titling the sold vehicle. Any such\ndealer which is bonded pursuant to this section prior to the effective\ndate of the chapter of the laws of two thousand sixteen which amended\nthis paragraph shall be required to comply with the amendments made by\nsuch chapter upon renewal, replacement, alteration, or extension of such\ndealer's current surety bond.\n  b. Recovery against a bond may be made by a person, including the\nstate, who obtains a judgment against the new motor vehicle dealer,\nqualified dealer, or dealer for an act or omission on which the bond is\nconditioned if the act or omission occurred during the term of the bond.\nThe total liability imposed on the surety under this section for all\nbreaches of the bond condition is limited to the face amount of the\nbond. Such liability may include, but is not limited to, the amount of\nthe valid bank drafts, including checks, drawn by the new motor vehicle\ndealer, qualified dealer, or dealer for the purchase of motor vehicles\nor the amount of overcharge by such dealer for registration or title\nfees or the amount paid to such dealer or the deposit, as the case may\nbe, for the motor vehicle for which good title was not delivered. In no\nevent shall the surety on a bond be liable for total claims in excess of\nthe bond amount, regardless of the number or nature of claims made\nagainst the bond or the number of years the bond remained in force, nor\nshall any such surety bond provide coverage for transactions involving\nsales of any motor vehicles for which a bond is not required pursuant to\nthe provisions of paragraph d of this subdivision.\n  c. Any surety issuing a bond pursuant to this subdivision shall be\nrequired to provide sixty days' notice to the commissioner prior to the\neffective date of cancellation or lapse of the bond, and shall provide\nadditional notice to the commissioner upon the date of the cancellation\nor lapse of such bond. Upon the cancellation or lapse of any surety bond\nrequired by this subdivision, the commissioner shall, within five days\nof such cancellation or lapse, verify that the dealer holds a surety\nbond which meets the requirements of this subdivision.\n  d. For purposes of this subdivision, the term "motor vehicle" means a\nmotor vehicle commonly classified as a passenger automobile, sport\nutility vehicle, light truck, pick up truck, van, minivan, or suburban,\nwith a gross vehicle weight rating of ten thousand pounds or less.\nNotwithstanding the provisions of paragraphs a and b of this\nsubdivision, the requirement to post a surety bond as set forth in this\nsubdivision shall not apply to any dealer who is engaged exclusively in\nthe business of buying, selling or dealing in motor vehicles other than\nthose motor vehicles with a gross vehicle weight rating of ten thousand\npounds or less and which are commonly classified as a passenger\nautomobile, sport utility vehicle, light truck, pick up truck, van,\nminivan, or suburban, such as buses, school buses, garbage trucks,\nmarine trailers, tow trucks, motorcycles, recreational vehicles,\nsnowmobiles, trailers, mobile homes, or construction equipment.\nProvided, further, that such requirement also shall not apply to any\ndealer who is engaged exclusively in the business of buying, selling or\ndealing in motor vehicles solely for conversion for use as a tow truck.\n  7. Issuance of certificate. a. If the commissioner is satisfied that\nthe applicant for a new motor vehicle dealer registration certificate is\nparty to a franchise or franchises authorizing such applicant to sell or\nlease lines or makes of new motor vehicles which the applicant proposes\nto sell or lease from the locations described in the application for the\nsale or lease of such lines or makes and if the commissioner otherwise\napproves the application, upon payment of the prescribed fee, he or she\nshall issue a new motor vehicle dealer registration certificate in such\nform as he or she may prescribe. Every new motor vehicle dealer\nregistration certificate shall by its terms permit the sale or lease of\nthe particular lines or makes of new motor vehicles only from a location\nor locations authorized for such sale or lease in the franchise or\nfranchises between such new motor vehicle dealer and the manufacturers\nor distributors of such new motor vehicles. The commissioner may, in his\nor her discretion, issue such certificates of registration and number\nplates on a staggered expiration basis, in which event the fees set\nforth in subdivision six of this section for such certificate shall be\nprorated on a monthly basis. A new motor vehicle dealer registered under\nthis section shall notify the commissioner of any change of address of\nthe locations of his or her place or places of business and whether or\nnot such locations are approved as locations for the sale or lease of\nnew motor vehicles in a franchise and which lines or makes are so\napproved for sale or lease at each location pursuant to the franchise or\nfranchises within thirty days after such change is made, and the\ncommissioner shall be authorized to cancel the registration upon failure\nto give such notice. A copy of each franchise affected by any such\nchange or other proof satisfactory to the commissioner shall accompany\nthe notice to the commissioner. If any location shall cease to be\napproved by the new motor vehicle manufacturer or distributor for the\nsale or lease of the line or make of new motor vehicle, then such new\nmotor vehicle dealer shall immediately cease selling or leasing such\nline or make of new motor vehicle from such location and shall notify\nthe commissioner within thirty days of such change, after which such new\nmotor vehicle dealer registration certificate shall be modified to\nreflect such change.\n  b. Registration certificate for qualified dealer. If a dealer makes\napplication, under penalty of perjury, for a registration certificate as\na qualified dealer, the commissioner shall issue a registration as a\nqualified dealer to such dealer upon payment of the prescribed fee.\n  c. Registration certificate for other than new motor vehicle dealer or\nqualified dealer. If the commissioner approves the application of an\napplicant for a registration certificate other than a new motor vehicle\ndealer certificate or a qualified dealer certificate, upon payment of\nthe prescribed fee, he or she shall issue a registration certificate in\nsuch form as he or she may prescribe.\n  c-1. Special provisions relating to mobility vehicles. (i) Any dealer,\nother than a new motor vehicle dealer, engaged in displaying,\nadvertising, storing and/or demonstrating mobility vehicles shall notify\nprospective purchasers regarding any warranty on the mobility\nmodifications and the effect of any such modifications or alterations on\nany warranty on the underlying motor vehicle and, upon the sale of any\nsuch mobility vehicle, provide the purchaser with any warranty\ninformation available to any such dealer relating to the underlying\nmotor vehicle.\n  (ii) Notwithstanding the provisions of article twelve-A of this\nchapter, a dealer engaged in displaying, advertising, storing and/or\ndemonstrating mobility vehicles may, without obtaining a repair shop\nlicense pursuant to such article twelve-A, perform repairs on those\nparts of the mobility vehicle that are unique to the modifications made\nthereto and which are not part of the original manufactured motor\nvehicle.\n  d. The commissioner may, in his or her discretion, issue such\ncertificates of registration and number plates on a staggered expiration\nbasis, in which event the fees set forth in subdivision six of this\nsection for such certificate shall be prorated on a monthly basis. A\nregistrant shall notify the commissioner of any change of address of his\nor her principal place of business within thirty days after such change\nis made, and the commissioner shall be authorized to cancel the\nregistration upon failure to give such notice.\n  e. A registration issued under this section may be renewed upon\napplication therefor in such form as the commissioner may prescribe,\nupon payment of the fee as herein prescribed.\n  f. Except as provided in paragraph (bb) of subdivision two of section\nfour hundred sixty-three of this title and subparagraph (iii) of this\nparagraph:\n  (i) The commissioner shall not issue any certificate of registration\nauthorized by this section to any franchisor, manufacturer, distributor,\ndistributor branch or factory branch, as such terms are defined in\nsection four hundred sixty-two of this title, or to any subsidiary,\naffiliate or controlled entity thereof, except that the commissioner may\nrenew such certificate previously issued or otherwise approved to\noperate to a franchisor prior to July first, two thousand six. Nothing\nin this section shall preclude the establishment of such facilities\nnecessary to continue the ongoing operation of any holder of a\ncertificate of registration authorized by this section or otherwise\napproved to operate to a franchisor provided such original certificate\nor approval was granted prior to July first, two thousand six.\n  (ii) On or after the effective date of this subparagraph, the\ncommissioner shall not issue any certificate of registration, or renew\nany certificate, unless the original certificate was issued before July\nfirst, two thousand six, to any motor vehicle dealer in which a\nfranchisor, manufacturer, distributor, distributor branch or factory\nbranch, as such terms are defined in section four hundred sixty-two of\nthis title, or any subsidiary, affiliate or controlled entity thereof,\nhas acquired, or possesses, a controlling interest in the franchise\nentity except:\n  (1) when operating such franchise for a temporary period, not to\nexceed one year, during the transition from one owner of the motor\nvehicle dealership to another, provided, however, that such temporary\nperiod may be extended once for an additional period not to exceed one\nyear for good cause. Provided that for franchisors of house coaches, the\nperiod of temporary ownership of a franchised house coach dealership may\nbe extended in one year increments for good cause shown, except that the\naggregate of such extensions shall not exceed five years; or\n  (2) when operating such franchise temporarily under a plan with an\nindependent individual who is obligated to make a significant investment\nin the dealership that is subject to loss and has an ownership interest\nor expects to acquire full ownership in a reasonable period under\nreasonable terms and conditions, provided that a reasonable period shall\nbe presumed to not exceed eight years.\n  (iii) Notwithstanding any other provision of this paragraph or any\nprovision of paragraph (bb) of subdivision two of section four hundred\nsixty-three of this title, the commissioner may renew any certificate of\nregistration that was issued to a franchisor, manufacturer, distributor,\ndistributor branch or factory branch, as such terms are defined in\nsection four hundred sixty-two of this title, or to any subsidiary,\naffiliate or controlled entity thereof, prior to March twenty-sixth, two\nthousand fourteen; provided, however, that such franchisor,\nmanufacturer, distributor, distributor branch or factory branch, or any\nsubsidiary, affiliate or controlled entity thereof, is a manufacturer\nthat manufactures or assembles exclusively zero emissions vehicles, or\nis a subsidiary, affiliate, or controlled entity of such a manufacturer;\nand provided further that a controlling interest in such original\nfranchisor, manufacturer, distributor, distributor branch or factory\nbranch or any subsidiary, affiliate or controlled entity was not\ntransferred, sold or conveyed to another person or entity, other than to\na subsidiary, affiliate or controlled entity of such franchisor,\nmanufacturer, distributor, distributor branch or factory branch. For\npurposes of this paragraph, zero emission vehicles shall have the same\nmeaning as under part two hundred eighteen of title six of the New York\ncode of rules and regulations.\n  (iv) Notwithstanding any other provision of this paragraph or any\nprovision of paragraph (bb) of subdivision two of section four hundred\nsixty-three of this title, the commissioner may issue or renew any\ncertificate of registration to a franchisor, manufacturer, distributor,\ndistributor branch or factory branch, as such terms are defined in\nsection four hundred sixty-two of this title, or to any subsidiary,\naffiliate or controlled entity thereof, that manufactures or assembles\nbuses exclusively; provided, however, that such certificate shall be\nissued exclusively for the sale of buses to public transportation\nproviders; and provided further, however, that such franchisor,\nmanufacturer, distributor, distributor branch or factory branch, or any\nsubsidiary, affiliate or controlled entity thereof: (1) is a\nmanufacturer that manufactures or assembles exclusively buses, or is a\nsubsidiary, affiliate, or controlled entity of such a manufacturer; and\n(2) sells such buses under such certificate of registration solely to\npublic transportation providers. For purposes of this subparagraph, the\nterm "public transportation provider" shall mean public transportation\nsystems eligible to receive operating assistance under the provisions of\nsection eighteen-b of the transportation law, and the term "public\ntransportation system" shall mean: (A) any public benefit corporation\nconstituting a transportation authority, or a subsidiary thereof, or any\npublic transportation corporation constituted as an instrumentality of\nthe state, or a subsidiary thereof, directly or through a contract with\nanother entity, that provides mass transportation services to the\ngeneral public; or (B) any Indian tribe or any county, city, town or\nvillage that provides mass transportation services to the general public\ndirectly or through a contract with another entity pursuant to section\none hundred nineteen-r of the general municipal law.\n  8. Use. Transporter number plates issued under this section shall be\nused only for the limited operation of vehicles owned or controlled by\nthe registrant for the purpose of weighing, testing, dismantling,\ntransporting or delivering the same, or for the purpose of moving such\nvehicles in connection with making installations thereon or improvements\nthereto, or the repossession or foreclosure thereof, or for the\noperation, for demonstration purposes, of any vehicle owned by a\nmanufacturer, or for transporting or delivering the vehicle upon which\nthe plates are displayed and additional vehicles carried in whole or in\npart upon such vehicle.\n  Except as provided in section four hundred sixteen of this article,\ndealer number plates issued under this section may be used for all\npurposes for which transporter plates may be used and, in addition, may\nbe used for the operation of any vehicle owned or controlled by the\nregistrant and held for sale or demonstration, except a vehicle rented\nto another, a vehicle used to transport passengers for hire, a vehicle\ncommonly called a "tow truck" or "wrecker" and used by the dealer for\nsuch purposes, a vehicle equipped for the purpose of towing or pushing\ndisabled or nonoperated vehicles or a commercial or suburban type\nvehicle used by the dealer for commercial purposes other than directly\naffecting the sale or demonstration of that particular vehicle. In\naddition, dealer, manufacturer, or transporter number plates may be used\nfor any non-self-propelled device used for the transport of modular\nhomes. Except as provided in section four hundred sixteen of this\narticle, manufacturer number plates issued under this section may be\nused for all purposes for which transporter plates may be used and, in\naddition, may be used for the operation of any vehicle owned or\ncontrolled by the registrant and held for demonstration, except a\nvehicle rented to another, a vehicle used to transport passengers for\nhire, a vehicle commonly called a "tow truck" or "wrecker" and used by\nthe manufacturer for such purposes, a vehicle equipped for the purpose\nof towing or pushing disabled or nonoperated vehicles or a commercial or\nsuburban type vehicle used by the manufacturer for commercial purposes\nother than directly affecting the demonstration of that particular\nvehicle.\n  Dealer, manufacturer, or transporter number plates issued upon renewal\nof a dealer, manufacturer, or transporter registration may be used\nduring the thirty day period immediately preceding the expiration date\nof such registration, including such expiration date.\n  9. Suspension, revocation and refusal to issue or to renew a\nregistration. The commissioner or any person deputized by him may deny\nthe application of any person for registration under this section and\nsuspend or revoke a registration under this section or refuse to issue a\nrenewal thereof if he or such deputy determines that such applicant or\nregistrant or any officer, director, stockholder, or partner, or any\nother person directly or indirectly interested in the business:\n  a. Has made a material false statement in his application; or\n  b. Has used or permitted the use of number plates contrary to law; or\n  c. Has been guilty of fraud or fraudulent practices, or has practiced\ndishonest or misleading advertising; or\n  d. Has failed to comply with any of the rules and regulations of the\ncommissioner for the enforcement of this article or with any provision\nof this chapter or article thirty-five-B of the general business law\napplicable thereto; or\n  e. Has wilfully violated any provisions of the motor vehicle retail\ninstalment sales act, the motor vehicle retail leasing act or section\none hundred ninety-eight-c of the general business law; or\n  f. Does not have a place of business within the meaning of this\nsection; or\n  g. Has been convicted of any crime involving dishonesty or deceit; or\n  h. Was the former holder, or was an officer, director, stockholder, or\npartner, in a corporation or partnership which was the former holder of\na dealer's registration, which was suspended or revoked by the\ncommissioner.\n  9-a. Hearings; temporary suspension. (a) No registration shall be\nsuspended or revoked, or renewal refused, except upon notice to the\nregistrant and after an opportunity to be heard. Provided however, upon\na written notice of temporary suspension delivered by certified mail to\nthe registrant, a registration may be temporarily suspended pending a\nhearing. Any such notice of temporary suspension shall provide that the\nsuspension is effective seventy-two hours after mailing of such notice\nand shall provide that a hearing be scheduled within ten days after the\neffective date of the temporary suspension.\n  (b) The applicant may be heard in person or by counsel. The hearing\nshall be at such time and place as the commissioner shall prescribe. The\ncommissioner or the commissioner's designee may inspect the pertinent\nbooks, records, letters and contracts of a registrant relating to any\nwritten complaint or charge against such registrant. The commissioner or\nthe commissioner's designee shall have the power to subpoena and bring\nbefore a hearing officer any person in this state, and administer an\noath to and take testimony of any person or cause the person's\ndeposition to be taken. A subpoena issued under this section shall be\nregulated by the civil practice law and rules.\n  10. Suspension and revocation of number plates. The commissioner may\nsuspend or revoke number plates issued pursuant to subdivision four of\nthis section, if he determines that the registrant to whom these plates\nhave been issued has used or permitted the use of such number plates\ncontrary to law or to the regulations of the commissioner with respect\nto the use thereof. The registrant to whom such number plates have been\nissued shall have an opportunity to be heard, and the provisions of\nsubdivision nine of this section shall apply to hearings held under this\nsubdivision, and to review of determinations made by the commissioner\nhereunder.\n  11. Following the suspension or revocation of the certificate of\nregistration of a dealer, manufacturer, or transporter or number plates,\npursuant to this section, the failure of the holder or any other person\npossessing the certificate of registration, number plates or\ncertificates of sale issued to a dealer pursuant to the regulations of\nthe commissioner, to deliver the same to the suspending or revoking\nofficer, peace officer acting pursuant to his or her special duties,\npolice officer directed by the commissioner to secure possession\nthereof, or agent of the commissioner, displaying authorization to act\nin such capacity along with a certified copy of the order revoking or\nsuspending such registration or number plates, shall be a misdemeanor.\n  If any person shall fail to deliver a certificate of registration,\nnumber plates or certificates of sale as provided herein, the\ncommissioner shall forthwith direct any peace officer acting pursuant to\nhis or her special duties or police officer to secure possession thereof\nand to return the same to the commissioner.\n  12. The commissioner, or any person deputized by him, in addition to\nor in lieu of revoking or suspending the certificate of registration of\na registrant in accordance with the provisions of this article, may in\nany one proceeding by order require the registrant to pay to the people\nof this state a penalty for a first violation a sum not exceeding one\nthousand dollars for each violation found to have been committed; and\nfor a second or subsequent violation not arising out of the same\nincident both of which were committed within a period of thirty months,\na sum of not more than one thousand five hundred dollars for each\nviolation found to have been committed; provided, however, the penalty\nfor each and any violation of paragraph c of subdivision nine of this\nsection found to have been committed shall be no less than three hundred\nand fifty dollars and no more than one thousand five hundred dollars,\nexcept that if a finding of financial loss has been made pursuant to\nsubdivision fourteen of this section, the amount of such penalty may be\nincreased by the amount of financial loss so found, and upon the failure\nof such registrant to pay such penalty within twenty days after the\nmailing of such order, postage prepaid, registered or certified, and\naddressed to the last known place of business of such registrant, unless\nsuch order is stayed by an order of a court of competent jurisdiction,\nthe commissioner may revoke the certificate of registration of such\nregistrant or may suspend the same for such period as he may determine.\nCivil penalties assessed under this subdivision shall be paid to the\ncommissioner for deposit into the state treasury, and unpaid civil\npenalties may be recovered by the commissioner in a civil action in the\nname of the commissioner.\n  13. In addition, as an alternative to such civil action and provided\nthat no proceeding for judicial review shall then be pending and the\ntime for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\nregistrant is located a final order of the commissioner containing the\namount of the penalty assessed. The filing of such final order shall\nhave the full force and effect of a judgment duly docketed in the office\nof such clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record.\n  14. Restitution; assessment. a. Upon a determination that a registrant\nhas done or failed to do any act for which suspension of the\nregistrant's registration or a civil penalty against the registrant\ncould be imposed, the person making such determination may make a\nfinding of financial loss to any complainant or complainants resulting\nfrom the actions of the registrant. The person making such finding may\nprovide that if the registrant makes restitution to the complainant or\ncomplainants for the amount or amounts so found, that payment of such\nrestitution may be substituted in lieu of any suspension or civil\npenalty, or a specified portion thereof imposed upon the registrant.\nHowever, a finding of financial loss shall only be made if the\ncomplainant (i) agrees to accept the amount so found, if offered by the\nregistrant, and (ii) is not a party to any litigation which is pending\nor which has gone to judgment in relation to the same matter in any\ncivil court.\n  b. The amount of financial loss which may be found and proposed as\nrestitution shall be limited to an amount necessary to compensate the\ncomplainant or complainants for actual losses caused by the registrant's\nimproper activity. Neither punitive nor incidental damages may be\nincluded in the finding of financial loss.\n  c. If payment of restitution to the complainant is authorized in lieu\nof all or a portion of a suspension or civil penalty, in order for the\nregistrant to exercise the option to make such payment, such payment\nmust be made by means of a certified check or money order payable to the\ncomplainant or complainants delivered to an office of the department as\ndirected by the commissioner or his agent within thirty days of the date\nof notice of suspension and/or civil penalty. Upon receipt of such\ncertified check or money order, the department shall forward the same to\nthe complainant or complainants. In the event that the registrant should\nfail to make payment for restitution within such thirty days, but, at a\nlater time, pays such civil penalty, the department shall deduct from\nsuch civil penalty the amount assessed for restitution, and shall mail a\ncheck for such amount to the complainant or complainants.\n  d. If payment of restitution may be substituted in lieu of a civil\npenalty or portion of a civil penalty, and the registrant does not\nexercise the option to make such payment, the civil penalty becomes due\nas provided in subdivision twelve of this section and the provisions of\nthat subdivision and subdivision thirteen of this section relating to\nsuspension of registration and recovery of civil penalties shall apply.\n  e. Any payment made in compliance with such a finding of financial\nloss shall not preclude any civil action which may be brought by either\nthe complainant or registrant, and any such finding may be considered\nbut shall not be binding upon any court before which any such action is\nbrought.\n  15. Miscellaneous provisions. The commissioner may, in his or her\ndiscretion, limit the number of sets of number plates which shall be\nissued to any registrant. The provisions of subdivision three of section\nfour hundred one of this title with respect to the fee for lost,\nmutilated or destroyed certificates and number plates shall apply to\ncertificates and number plates issued under this section.\n  In the event of the loss or theft of any dealer, manufacturer, or\ntransporter number plate or set of such number plates whether with or\nwithout a date tag or tags, or any date tag or set of date tags, the\ndealer or manufacturer must immediately notify the police of such fact\nand in the event of loss, theft, mutilation or destruction of any such\nitems the dealer or manufacturer must immediately file a statement and\nproof of the facts as the commissioner shall require. The provisions of\nsection four hundred two and four hundred eleven of this title with\nrespect to the care and display of number plates shall apply to number\nplates issued under this section. Registration under this section shall\nbe upon the condition that the registrant shall conform to such\nreasonable requirements as shall be prescribed by the commissioner.\n  The commissioner may, in his or her discretion, require a registrant\nto maintain a record in a prescribed form of all vehicles received or\ndisposed of by him or her, which records shall be open at all times for\ninspection by the commissioner, his or her representatives and any peace\nofficer, acting pursuant to his or her special duties, or police\nofficer.\n  If registration under this section shall be issued in the names of two\nor more persons as partners and a change occurs in the membership of\nsuch partnership, the registration shall not expire so long as any one\nof the persons named in such registration is a member of the partnership\nor carries on the business of the partnership as surviving member of the\npartnership. However, when any such change occurs and the registration\ndoes not expire, the partners or surviving member after such change\nshall forthwith file with the commissioner a statement regarding such\npartnership in such form and giving such information as the commissioner\nshall require, and the commissioner shall issue a new certificate of\nregistration.\n  16. Unregistered operation; operation while suspended or revoked;\nprocedures and penalties. a. The commissioner or any person deputized by\nhim shall hear and determine any allegation that a person has operated\nas a dealer without being registered as required by subdivision three of\nthis section or while registration is suspended or revoked. Upon a\ndetermination that a person has so operated, the commissioner or person\ndeputized by him shall assess civil penalties as provided in paragraphs\nb and c of this subdivision.\n  b. Except as provided in paragraph c of this subdivision, any person\nwho operates as a dealer without being registered shall be required to\npay to the people of this state a civil penalty in the sum of one\nthousand dollars. However, any such person against whom such penalty has\nbeen assessed may avoid all but five hundred dollars of such penalty by\nobtaining a registration as required by this article, provided that\napplication for such registration is made not more than ten days after\nthe imposition of such penalty.\n  c. (i) Any person who operates as a dealer while his registration is\nrevoked or suspended, shall pay to the people of this state a civil\npenalty in the sum of one thousand dollars. Such civil penalty may not\nbe avoided.\n  (ii) Any person who operates as a dealer without being registered as\nrequired by subdivision three of this section who has previously had a\ncivil penalty assessed for unregistered operation shall pay to the\npeople of this state a civil penalty in the sum of one thousand dollars.\nAny person who operates as a dealer without being registered as required\nby subdivision three of this section who has had two previous civil\npenalties assessed for unregistered operation not arising from the same\nincident all of which were committed within a period of thirty months\nshall pay to the people of this state a civil penalty in the sum of four\nthousand ten dollars. Such civil penalties may not be avoided.\n  (iii) No person who operates as a dealer without being registered as\nrequired by subdivision three of this section or while his or her\nregistration is revoked or suspended shall park a motor vehicle, which\nhe or she owns or controls and holds for sale or demonstration, upon a\npublic highway of this state without first being registered in\naccordance with the provisions of section four hundred one of this\nchapter. Any such person shall, in addition to any penalties imposed\npursuant to paragraph b of this subdivision or subparagraph (ii) of this\nparagraph, be required to pay to the people of this state an additional\ncivil penalty of three hundred dollars for each motor vehicle owned or\ncontrolled and held for sale or demonstration by such person which is\nparked upon the public highways of this state without first being\nregistered in accordance with the provisions of section four hundred one\nof this chapter.\n  d. The commissioner, or any person deputized by him, in addition to\nimposing a civil penalty for unregistered operation as a dealer, may, in\nany one proceeding, make a determination that the unregistered dealer\nhas caused a financial loss to a complainant or complainants and may\nincrease the civil penalty by the amount of financial loss. The person\nmaking such finding may provide that if the unregistered dealer makes\nrestitution to the complainant or complainants for the amount or amounts\nso found, that payment of such restitution may be substituted for the\nincrease in the civil penalty caused by the finding of financial loss.\nHowever, a finding of financial loss shall only be made if the\ncomplainant (i) agrees to accept the amount so found, if offered by the\nunregistered dealer, and (ii) is not a party to any litigation which is\npending or in which judgment has been entered in any civil action in any\ncourt of competent jurisdiction.\n  e. Civil penalties assessed under this section shall be paid to the\ncommissioner for deposit into the state treasury, and unpaid civil\npenalties may be recovered by the commissioner in a civil action in the\nname of the commissioner. In addition, as an alternative to such civil\naction and provided that no proceeding for judicial review shall then be\npending and the time for initiation of such proceeding shall have\nexpired, the commissioner may file with the county clerk of the county\nin which the registrant is located a final order of the commissioner\ncontaining the amount of the penalty assessed. The filing of such final\norder shall have the full force and effect of a judgment duly docketed\nin the office of such clerk and may be enforced in the same manner and\nwith the same effect as that provided by law in respect to executions\nissued against property upon judgments of a court of record.\n  f. No allegation of unregistered operation as a dealer shall be heard\nor determined unless notice of such allegation has been mailed to such\nperson within two years after the date of the alleged unregistered\noperation.\n  17. Improper display of signs. a. The holder of a dealer registration\nshall remove or cause to be removed any sign which contains the\nregistration number of the dealer which is visible to the public and\nwhich is required to be displayed by this article or regulations\npromulgated thereunder if the registration is revoked or suspended or\nthe dealer is out of business. If the registration is only suspended,\nthe holder may cover up the sign instead of removing it.\n  b. No person shall permit the display of any sign required to be\ndisplayed by this article or regulations promulgated thereunder\nindicating to the public that an official dealer is operating unless a\ndealer registration has been issued to that person and is currently\nvalid.\n  18. Rights of dealers. The rights of all new motor vehicle dealers\nunder this article may be exercised from any location or locations which\nare from time to time approved by their franchisors and the commissioner\nas prescribed in this article. The rights of all qualified dealers under\nthis article may be exercised from any location or locations from which\nthey operate from time to time; provided, however, that no qualified\ndealer shall operate from more than two locations within the four\ncounties of Kings, Queens, Nassau, and Suffolk; and provided further\nthat no qualified dealer shall operate from more than one location in\nany one county. The total number of locations from which a qualified\ndealer may operate shall not exceed that number of locations operated by\nsuch qualified dealer on December thirty-first, nineteen hundred\nninety-eight. It shall be unlawful for any person to interfere with the\nrights of, or discriminate against, any new motor vehicle dealer or any\nqualified dealer under this article. The commissioner shall penalize\nthose persons who violate the provisions of this section as enacted by\nchapter four hundred fifty-one of the laws of nineteen hundred\nninety-nine and the chapter of the laws of two thousand which amended\nthis subdivision as provided by this section. Nothing contained in this\narticle shall be construed to prohibit a new motor vehicle dealer, a\nqualified dealer, or a dealer, respectively, from utilizing the internet\nto engage in such activities as each are respectively permitted under\nthis article and under other applicable laws, or affect where a new\nmotor vehicle dealer or a qualified dealer may deliver a new motor\nvehicle.\n  19. Disclosures by qualified dealers; penalties. a. Every qualified\ndealer who advertises in newspapers, magazines, or by direct mail the\navailability of new motor vehicles for sale shall clearly disclose that\nsuch qualified dealer is not a franchised new motor vehicle dealer.\n  b. Every qualified dealer shall prominently and conspicuously post a\nsign, in such a manner that it is likely to be noticeable to anyone\nentering the premises, which sign shall clearly state: "(name of\nqualified dealer) is not a franchised dealership and does not represent\na manufacturer. We are not authorized to perform recall or original\nfactory warranty work."\n  c. Every contract for the sale of a new motor vehicle entered into by\na qualified dealer and the purchaser shall contain the following\nstatement: "(name of qualified dealer) is not a franchised dealership\nand does not represent a manufacturer. We are not authorized to perform\nrecall or original factory warranty work."\n  d. A qualified dealer who fails to comply with the requirements of\nthis subdivision, shall be subject to the penalties provided by this\nsection.  Further, a person who has purchased a new motor vehicle from a\nqualified dealer pursuant to a contract which does not contain the\ndisclosure required under paragraph c of this subdivision, shall be\nentitled to rescind the sale and obtain full restitution of any amounts\npaid, plus reasonable court costs and attorneys fees, within four months\nof the date of purchase.\n  20. Restrictions on transferability and operation of certain qualified\ndealerships. a. A qualified dealer may sell, devise, assign, convey or\notherwise transfer any or all of its assets, including without\nlimitation all rights to conduct the activities of a qualified dealer\nhereunder and further, the owner of an equity interest in a qualified\ndealership may sell, devise, assign, convey or otherwise transfer any or\nall of its equity interest in such qualified dealership, subject to the\nconditions set forth in this subdivision. To the extent that such\nqualified dealer conducts such activities at more than one location as\npermitted under this article, then such qualified dealer may transfer\nsuch rights on a location by location basis; provided, however, that\nsuch a transferee shall acquire no greater rights to relocate than those\nof his or her transferor, and provided further below, that such\ntransferee shall remain subject to the provisions of this subdivision\nexactly as they applied to his or her transferor.\n  b. A transferee who acquires the assets and/or an equity interest in a\nqualified dealer as defined in subparagraph (ii), (iii) or (iv) of\nparagraph g of subdivision one of this section and is the parent,\nspouse, child or sibling of an individual who was an equity holder of\nsuch qualified dealer may conduct activities as specified pursuant to\nthis section without restriction.\n  c. A transferee who acquires substantially all of the assets and/or a\ncontrolling equity interest in a qualified dealer as defined in\nsubparagraph (ii), (iii) or (iv) of paragraph g of subdivision one of\nthis section who is not the parent, spouse, child or sibling of an\nindividual who was an equity holder of such qualified dealer may conduct\nactivities as specified pursuant to this section; provided, however,\nthat such transferee, in any calendar year, shall not be permitted to\nsell more than one hundred ten percent of the number of new motor\nvehicles sold by the transferor or qualified dealer during the twelve\nmonth period ending on the last day of the calendar month preceding the\ndate of transfer of such rights.\n  d. A transferee who acquires ten per cent or more of an equity\ninterest after August 31, 1999 in a qualified dealer as defined in\nsubparagraph (ii), (iii), or (iv) of paragragh g of subdivision one of\nthis section and is a publicly traded corporation may conduct activities\nas specified pursuant to this section; provided, however, that such\ntransferee, in any calendar year, shall not be permitted to sell more\nthan one hundred ten percent of the number of new motor vehicles sold by\nthe transferor or qualified dealer during the twelve month period ending\non the last day of the calendar month preceding the date of transfer of\nsuch rights.\n  e. Each transferee who acquires substantially all of the assets and/or\na controlling equity interest in a qualified dealer from a transferee as\ndefined in paragraph b, c or d of this subdivision shall not be\npermitted to sell a number of new motor vehicles in any calendar year in\nexcess of the number of new motor vehicles sold by such transferor\nqualified dealer during the twelve month period ending on the last day\nof the calendar month preceding the date of transfer of such rights.\n  f. The rights of a qualified dealer under subparagraph (ii), (iii) or\n(iv) of paragraph g of subdivision one of this section are also deemed\ntransferred for purposes hereof in the event that, after August\nthirty-first, nineteen hundred ninety-nine, (i) the controlling equity\ninterest of such qualified dealer is transferred (in any one or series\nof transactions) to any person or persons, other than the parent,\nspouse, child or sibling of an individual who is an equity holder of\nsuch qualified dealer, or (ii) there occurs any merger, combination or\nconsolidation of, with or into the business entity which constitutes\nsuch qualified dealer.\n  g. Nothing contained herein shall (i) prohibit a qualified dealer or\nthe parent, spouse, child or sibling who is the equity holder of such\nqualified dealer from forming a corporation or limited liability company\nto operate and wholly own the qualified dealer; (ii) restrict the\nability of a qualified dealer to transfer a controlling equity interest\nto a corporation or a limited liability company operated and wholly\nowned by an individual who is an equity holder of such qualified dealer;\nor (iii) restrict the ability of a qualified dealer to transfer an\nequity interest in the stock and/or assets of a qualified dealer to a\nfull-time employee of such qualified dealer.\n  21. New motor vehicle etching kits. Every new motor vehicle dealer and\nevery qualified dealer shall be required to stock etching kits that are\ncapable of etching a traceable serial number onto the catalytic\nconverter of a new motor vehicle that can be clearly seen and quickly\nlinked back to the vehicle. Such etching kits shall be offered by every\nnew motor vehicle dealer and qualified dealer to any person purchasing a\nnew motor vehicle, at no more than the cost of such etching kit to such\ndealer.\n  22. Compliance. All dealers and automobile broker businesses\nregistered under subdivisions three and three-a of this section shall\ncertify and attest to compliance with sections three hundred\nninety-nine-cc, as added by chapter 655 of the laws of 2005, three\nhundred ninety-nine-dd, as added by chapter 487 of the laws of 2006,\nthree hundred ninety-nine-ddd, three hundred ninety-nine-h, three\nhundred ninety-nine-oo, three hundred ninety-nine-p, three hundred\nninety-nine-pp, eight hundred ninety-nine-bb of the general business\nlaw, and part three hundred fourteen of title sixteen of the code of\nfederal regulations as applicable.\n  23. Automobile broker record requirements. (a) For each completed\ntransaction and within three business days of consummation thereof,\nautomobile brokers shall maintain a permanent paper file record that\nclearly evidences and records the make, model, year, color and vehicle\nidentification number of all previously unregistered motor vehicles for\nwhich such broker has provided a service of purchasing, arranging,\nassisting, facilitating or effecting the purchase or lease of such motor\nvehicle. Such records shall be maintained for a six-year period after\nconsummation of the transaction. Such records shall also include the\nname and address of the purchaser or lessee of such motor vehicle, the\ndate of sale or commencement of lease with respect to such motor vehicle\nand the name and address of the dealer from which the motor vehicle was\npurchased or leased.\n  (b) The records maintained by the automobile broker businesses shall\ninclude a copy of the dealer rate sheets received by the automobile\nbroker from the dealers that were relied upon by the automobile broker\nin connection with such transaction.\n  (c) Such records shall be open for inspection by the commissioner, or\nhis or her agent, during reasonable business hours.\n  (d) As an alternative to paper file records, an automobile broker may\nuse a computer and appropriate software to maintain the records required\nto be kept by this section, provided all information required by\nparagraphs (a) and (b) of this subdivision are duly recorded and\nmaintained in accordance with this subdivision.\n  24. Maintenance records. For each sale or lease of a motor vehicle\nthat involves an automobile broker business, the dealer must obtain\nevidence of the automobile broker business' registration and the\nbroker's registration number and maintain such records in the deal\njacket for each transaction which also shall contain the purchase order,\ncopies of the title and registration documents, the bill of sale and the\nretail installment sale contract required under article ten of the\npersonal property law or the retail lease agreement required under\narticle nine-A of the personal property law.\n  25. Broker compensation. No dealer may offer or pay an automobile\nbroker business any fee, or commission, other than compensation\ndisclosed pursuant to section seven hundred thirty-eight or seven\nhundred forty-one-b of the general business law or section three hundred\ntwo or three hundred thirty-seven of the personal property law;\nprovided, however, that the automobile broker business may not accept\nany such fee or commission from the dealer if the broker has or will\naccept payment from the buyer or lessee of the automobile.\n
N.Y. EXC Law § 529-A — New York Code / Act EXC / Article 19-G / Title 4 / Section 529-A
Payment of costs for medical and dental services
Status: in_force

§ 529-a. Payment of costs for medical and dental services. 1.\nDiagnoses, tests, studies or analyses for the diagnosis of a disease or\ndisability, and care and treatment by a hospital, as defined in article\ntwenty-eight of the public health law, or by a physician, or by a\ndentist to youths in division facilities shall be without cost or charge\nto the persons receiving such examinations, care or treatment.\n  2. Notwithstanding the provisions of subdivision one of this section,\nthe division may require reimbursement for costs paid pursuant to\nsubdivision one of this section from any third party coverage or\nindemnification covering a youth placed with the division. Such third\nparty coverage or indemnification shall first be applied against the\ntotal cost to the hospital or other provider as established in\naccordance with the provisions of section twenty-eight hundred seven of\nthe public health law relating to rates of payment of an individual's\ncare and treatment, as provided therein.\n  3. Nothing in this section shall be deemed to affect the\nresponsibility for support of children in the division as prescribed\npursuant to section five hundred twenty-eight of this chapter.\n
N.Y. SOS Law § 171 — New York Code / Act SOS / Article 5 / Title 4 / Section 171
Responsibility; county social services districts; city social services districts; cities; towns
Status: in_force

§ 171. Responsibility; county social services districts; city social\nservices districts; cities; towns. 1. A county social services district\nwhich has elected, pursuant to the provisions of this title, to\nadminister  veteran assistance shall be responsible for providing\nveteran assistance,  and the expense thereof, to:\n  (a) persons residing or found therein, subject to  reimbursement by\nthe state;\n  (b) persons residing or found in any town in the county, when the\nexpense of providing safety net assistance to persons residing or found\nin such towns is a county charge pursuant to the provisions of section\nseventy-two and section seventy-three of this chapter;\n  (c) persons residing or found in a city forming part of the  county\nsocial services district, when the expense of providing safety net\nassistance to persons  residing or found in such city is a county charge\npursuant to the provisions of section seventy-two and section\nseventy-three of this chapter.\n  2. A town responsible for the expense of providing safety net\nassistance to persons residing or found therein, pursuant to section\nsixty-nine, which has elected to administer veteran assistance, pursuant\nto the provisions of this title, shall be responsible for providing\nveteran assistance to local charges residing or found therein, and the\nexpense thereof.\n
N.Y. PBA Law § 1681-A — New York Code / Act PBA / Article 8 / Title 4 / Section 1681-A
Distribution of board materials
Status: in_force

§ 1681-a. Distribution of board materials. On or before November\nfirst, nineteen hundred ninety-five, the authority shall provide to the\nchair of the senate finance committee and the chair of the assembly ways\nand means committee, copies of all board-adopted guidelines, if any,\nrelated to the financing, underwriting and programmatic review of\nprojects related to each program of the authority. Thereafter, all\nmaterials, including but not limited to, authority board agendas and all\nattachments thereto, shall be provided to the chair and ranking minority\nmember of the senate finance committee and the chair and ranking\nminority member of the assembly ways and means committee at such time as\nthose materials are provided to board members.\n
N.Y. VAT Law § 427 — New York Code / Act VAT / Title 4 / Article 17 / Section 427
Disposition of registration fees
Status: in_force

§ 427. Disposition of registration fees. 1. The commissioner of motor\nvehicles shall deposit all fees collected under this chapter, except as\notherwise provided in subdivision twenty-one of section four hundred one\nof this chapter, in a responsible bank, banking house or trust company\nin the city of Albany, which shall pay the highest rate of interest to\nthe state for such deposit, to the credit of the comptroller on account\nof the motor vehicle law. Every such bank, banking house or trust\ncompany shall execute and file in the office of the department of audit\nand control an undertaking to the state, in the sum, and with such\nsureties, as are required and approved by the comptroller for the safe\nkeeping and prompt payment on legal demand therefor of all such moneys\nheld by or on deposit in such bank, banking house, or trust company,\nwith interest thereon on daily balances at such rate as the comptroller\nmay fix. Every such undertaking shall have endorsed thereon or annexed\nthereto the approval of the attorney-general as to its form. The\ncomptroller shall on the first day of each month make a verified return\nto the department of taxation and finance, of all fees received by him\nunder this chapter during the preceding calendar months, stating from\nwhat county received and by whom and when paid.\n  2. The comptroller, after reserving sufficient to provide at all times\na fund in his hands of five thousand dollars out of which he shall pay\nany refund under this chapter, approved by him and by the commissioner,\nshall on or before the tenth day of each month pay to the department of\ntaxation and finance the balance to his credit in such bank, banking\nhouse or trust company, on account of fees collected under this chapter\nat the close of business on the last day of the preceding month and such\ndepartment shall pay such balance into the general fund of the state\ntreasury.\n  3. An amount equal to ninety per centum of the fees specified in\nsubdivision two of this section shall be appropriated and used for the\nconstruction, reconstruction, maintenance and repair of highways and\nbridges, under the direction of the department of transportation; and\nfor inspection, regulation, and research in the control of motor vehicle\nexhaust emissions under the direction of the department of environmental\nconservation. The amount available for control of motor vehicle exhaust\nemissions from said ninety per centum of the fees collected shall be\ncomputed at the rate of five cents per registration issued and shall be\navailable for payment to the state purposes fund for repayment of\nadvances made in the first instance from that fund for control of motor\nvehicle emissions.\n
N.Y. PBA Law § 1475-C — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-C
Syracuse parking authority
Status: in_force

§ 1475-c. Syracuse parking authority. 1. A board to be known as "city\nof Syracuse parking authority" is hereby created. Such board shall be a\nbody corporate, constituting a public benefit corporation, and its\nexistence shall commence upon the appointment of the members as provided\nin this section. It shall consist of a chair and four other members, who\nshall be appointed by the mayor of the city. Of the members first\nappointed, one shall be appointed for a period of one year, one for a\nperiod of two years, one for a period of three years, one for a period\nof four years, and one for a period of five years. At the expiration of\nsuch terms, the terms of office of their successors shall be five years.\nEach member shall continue to serve until the appointment and\nqualification of his or her successor. Vacancies in such board occurring\notherwise than by the expiration of term shall be filled for the\nunexpired term. The members of the board shall choose from their number\na vice chair and may choose a secretary and treasurer who need not be\nmembers. The mayor may remove any member of the board for neglect of\nduty or misconduct in office, giving such member a copy of the charges\nagainst him or her and an opportunity of being heard in person, or by\ncounsel, in his or her defense upon not less than ten days' notice. The\nmembers of the board shall be entitled to no compensation for their\nservices but shall be entitled to reimbursement for their actual and\nnecessary expenses incurred in the performance of their official duties.\nThe powers of the authority shall be vested in and exercised by a\nmajority of the members of the board. Such board may delegate to one or\nmore of its members or to its officers, agents and employees such powers\nand duties as it may deem proper. Such board and its corporate existence\nshall continue only for a period of fifteen years, and thereafter until\nall its liabilities have been met and its bonds have been paid in full\nor such liabilities or bonds have otherwise been discharged. Upon its\nceasing to exist, all its rights and properties shall pass to the city.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public authority shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a member, officer or employee of the authority, nor shall\nservice as such member, officer or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n  3. The mayor shall file on or before December thirty-first of the year\nin which this title shall have become a law, in the office of the\nsecretary of state, a certificate signed by the mayor setting forth: (a)\na name of the authority; (b) the names of the members appointed by the\nmayor and their terms of office; and (c) the effective date of this\ntitle. If such certificate is not filed with the secretary of state on\nor before such date, then the corporate existence of the authority shall\nthereupon terminate and it shall thereupon be deemed to be and shall be\ndissolved.\n
N.Y. RPT Law § 574 — New York Code / Act RPT / Article 5 / Title 4 / Section 574
Information to be furnished by recording officers and assessors
Status: in_force

§ 574. Information to be furnished by recording officers and\nassessors.  1. On or before the fifteenth day of each month, the county\nrecording officer or such other officer or agency as may be designated\nby the county legislative body shall furnish to the assessors of each\nassessing unit in the county, to the county equalization agency through\nthe office of the county director of real property tax services and to\nthe commissioner a report showing all transfers during the preceding\ncalendar month of real property situated wholly or partly within such\nassessing unit. Such report shall include transfers of real property or\ninterests in real property to the state by appropriation. It shall be\nthe duty of the state at the time of filing a copy of a description and\nmap of property or interests therein being acquired by appropriation in\nthe office of the duly designated county recording officer, to deliver\nto and leave with said recording officer a duplicate paper copy thereof.\nThe said county recording officer or another duly designated officer or\nagency shall include said duplicate copy of the description and map with\nhis said monthly report to the assessors. Such reports shall be made in\na form and manner approved by the commissioner and shall contain such\ninformation as the commissioner shall prescribe by regulation including\n(a) the mailing address of the new owner; (b) the tax billing address,\nif different from the owner; (c) the appropriate tax map designation, if\nany; (d) a statement of the full sales price as required by section\nthree hundred thirty-three of the real property law; (e) a statement\nwhether the parcel is in an agricultural district and, if so, whether a\ndisclosure notice has been provided pursuant to section three hundred\nthirty-three-c of the real property law and section three hundred ten of\nthe agriculture and markets law; (f) a statement whether the property\ndescribed in such deed is the entire parcel owned by the transferor or\ntransferors; (g) a statement that in the event the parcel conveyed by\nsuch deed is a portion of the parcel owned by the transferor or\ntransferors, the city, town or village in which such property is\nsituated has a planning board or other entity empowered to approve\nsubdivisions; (h) a statement that in the event such parcel conveyed by\nsuch deed is a portion of the parcel owned by the transferor or\ntransferors and the city, town or village in which said property is\nlocated has an entity that is empowered to approve subdivisions and: (i)\nthe parcel conveyed by such deed is not subject to such subdivision\napproval, and (ii) the parcel is subject to subdivision approval and has\nbeen approved by the respective city, town or village planning board or\nother entity empowered to approve subdivisions. Where the assessor\nreceives a report of a transfer occurring after taxable status date and\nat least thirty-five days prior to the last date prescribed by law for\nthe annexation of the warrant to the assessment roll, including a\nwarrant for the collection of school district or village taxes, the\nassessor shall notify the appropriate collecting officer no later than\nthe thirtieth day preceding such last date for such annexation. Such\nnotification shall be in any mutually agreeable format and shall include\nthe names of the new owners, mailing addresses, tax billing addresses\nand tax map designations contained in the transfer report. Where the\nassessor receives a report of a transfer occurring after the\nthirty-fifth day preceding such annexation, the assessor shall notify\nthe appropriate collecting officer within ten days of the receipt\nthereof; provided, however, that where the assessor receives such report\nless than five days prior to the expiration of the warrant or after the\nexpiration of the warrant of the appropriate collecting officer, the\nassessor shall notify the appropriate officer charged by law with the\nenforcement of delinquent taxes. Such notification shall be in any\nmutually agreeable format and shall include the names of the new owners,\nmailing addresses, tax billing addresses and tax map designations\ncontained in the transfer report. The assessor shall also be authorized\nto send a notice of increased assessment pursuant to section five\nhundred ten of this chapter to the new owner of real property appearing\non the transfer report. In the event that there are no such transfers in\nan assessing unit, the report shall so indicate. Such reports to the\nassessors shall be in the number prescribed by the commissioner. The\ncommissioner may require, by regulation, that the report may be copied\nand sent to designated officers.\n  2. Within fifteen days after receiving such reports, the assessors of\nall assessing units shall transmit notice of any errors contained\ntherein to the commissioner and assessors of cities and towns shall\ntransmit notice of any such errors to the county equalization agency\nthrough the office of the county director of real property tax services.\nThe commissioner may require such other additional information relating\nto real property transfers as may be necessary for the performance of\nits duties pursuant to this chapter.\n  3. The county recording officer, or such other officer or agency as\nthe board of supervisors may designate to carry out the provisions of\nthis section, shall not be required to furnish such reports of transfers\nto the assessors of any city where such reports are prepared and\nfurnished to such city assessors by an officer or agency of the city.\n  5. Data collected pursuant to this section or section three hundred\nthirty-three of the real property law shall be made available for public\ninspection or copying in accordance with rules promulgated by the\ncommissioner, except that where the commissioner and the department of\ntaxation and finance have developed a combined process for collecting\ndata pursuant to paragraph viii of subdivision one-e of section three\nhundred thirty-three of the real property law, any data so collected\nwhich is not required to be furnished to the commissioner by statute or\nby the commissioner's rules shall not be subject to inspection or\ncopying.\n
N.Y. PBA Law § 1680-J — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-J
New York state higher education capital matching grant board; creation; procedure
Status: in_force

* § 1680-j. New York state higher education capital matching grant\nboard; creation; procedure. 1. Creation. (a) The New York state higher\neducation capital matching grant board is hereby created to have and\nexercise the powers, duties and prerogatives provided by the provisions\nof this section and any other provision of law. The board shall remain\nin existence during the period of the New York state higher education\ncapital matching grant program from the effective date of this section\nthrough March thirty-first, two thousand nine, or the date on which the\nlast of the funds available for grants under this section shall have\nbeen disbursed, whichever is earlier; provided, however, that the\ntermination of the existence of the board shall not effect the power and\nauthority of the dormitory authority to perform its obligations with\nrespect to any bonds, notes, or other indebtedness issued or incurred\npursuant to authority granted in this section.\n  (b) The membership of the board shall consist of three persons\nappointed by the governor, of which one shall be upon the recommendation\nof the temporary president of the senate and one upon the recommendation\nof the speaker of the assembly. The term of the members first appointed\nshall continue until March thirty-first, two thousand five, and\nthereafter their successors shall serve for a term of one year ending on\nMarch thirty-first in each year. Upon recommendation of the nominating\nparty, the governor shall replace any member in accordance with the\nprovision contained in this subdivision for the appointment of members.\nThe members of the board shall vote among themselves to determine who\nshall serve as chair. The board shall act by unanimous vote of the\nmembers of the board. Any determination of the board shall be evidenced\nby a certification thereof executed by all the members. Each member of\nthe board shall be entitled to designate a representative to attend\nmeetings of the board on the designating member's behalf, and to vote or\notherwise act on the designating member's behalf in the designating\nmember's absence. Notice of such designation shall be furnished in\nwriting to the board by the designating member. A representative shall\nserve at the pleasure of the designating member during the member's term\nof office. A representative shall not be authorized to delegate any of\nhis or her duties or functions to any other person.\n  (c) Every officer, employee, or member of a governing board or other\nboard of any college or group or association of colleges, and every New\nYork state regent, every officer or employee of the board of regents or\nthe department of education and every trustee, officer or employee of\nthe state university of New York or the city university of New York\nshall be ineligible for appointment as a member, representative,\nofficer, employee or agent of the board.\n  (d) The members of the board shall serve without salary or per diem\nallowance but shall be entitled to reimbursement for actual and\nnecessary expenses incurred in the performance of official duties\npursuant to this section or other provision of law, provided however\nthat such members and representatives are not, at the time such expenses\nare incurred, public officers or employees otherwise entitled to such\nreimbursement.\n  (e) The members, their representatives, officers and staff to the\nboard shall be deemed employees within the meaning of section seventeen\nof the public officers law.\n  2. Definitions. For the purposes of this section, the following terms\nshall have the respective meanings:\n  (a) "Base grant amount" shall mean a grant equal to $17.5 million\ndistributed equally among independent colleges, provided however that\nfor an eligible independent college with a final fall full-time\nequivalent enrollment for the two thousand three--two thousand four\nacademic year as published by the state education department of less\nthan one hundred final full-time equivalent students the base grant\namount shall be one hundred thousand dollars.\n  (b) "Board" shall mean the New York state higher education capital\nmatching grant board created by paragraph (a) of subdivision one of this\nsection.\n  (c) "College" shall mean a public or independent college.\n  (d) "Endowment" shall mean the total unrestricted assets whose\nprincipal is nonexpendable and is held to the benefit of the college and\ninvested to provide earnings for institutional use as reported within a\ncollege's independently audited financial statements as submitted to the\ndormitory authority. Such total shall exclude assets whose principal\nsupports employee annuity or pension costs, or assets whose purpose is\nrestricted to the support of the current operations of the college.\n  (e) "Full-time equivalent students" shall mean a college's final fall\nfull-time equivalent enrollment for the two thousand three-two thousand\nfour academic year as published by the state education department.\n  (f) "Independent college" shall mean each independent not-for-profit\ninstitution of higher education, as defined in subdivision two of\nsection sixty-four hundred one of the education law.\n  (g) "Non-state funds" shall mean any funds received no earlier than\none hundred eighty days before the effective date of this section,\nexcept state funds, accessible by the college for the project including,\nbut not limited to, federal funds, local funds, private funds, and\nin-kind contributions provided, however that public colleges may not use\nfunds resulting from the imposition of student tuition or fees as\nnon-state funds.\n  (h) "Project" shall mean the design, acquisition, reconstruction,\nrehabilitation, or equipping of a facility on or near a college campus\nwithin the state of New York, including critical academic facilities,\neconomic development and/or high technology projects, and urban renewal\nand/or historical preservation projects that would enhance the\nprogrammatic offerings or the student life at the college or provide\neconomic development benefits to the area surrounding such college\ncampus.\n  (i) "Public college" shall mean each component of the state\nuniversity, as defined in subdivision three of section three hundred\nfifty-two of the education law and in subdivision two of section\nsixty-three hundred one of the education law and each senior college and\ncommunity college of the city university of New York, as defined in\nsubdivisions four and five of section sixty-two hundred two of the\neducation law.\n  (j) "Total academic square footage amount" shall mean an amount equal\nto the product of (i) 26.25 million dollars for the state university of\nNew York or 17.5 million dollars for the city university of New York,\nmultiplied by (ii) the eligible college's proportion of the total square\nfootage of academic facilities operated by all components of the state\nuniversity of New York, as defined in subdivision three of section three\nhundred fifty-two and in subdivision two of section sixty-three hundred\none of the education law or all senior colleges and community colleges\nof the city university of New York, as defined in subdivisions four and\nfive of section sixty-two hundred two of the education law,\nrespectively.\n  (k) "Total full-time equivalent amount" shall mean an amount equal to\nthe product of (i) 78.75 million dollars for independent colleges or\n52.5 million dollars for colleges of the state university of New York or\nthirty-five million dollars for colleges of the city university of New\nYork, multiplied by (ii) the eligible college's proportion of the total\nfull-time equivalent students for all eligible independent colleges, all\ncomponents of the state university of New York, as defined in\nsubdivision three of section three hundred fifty-two and in subdivision\ntwo of section sixty-three hundred one of the education law, or all\nsenior colleges and community colleges of the city university of New\nYork, as defined in subdivisions four and five of section sixty-two\nhundred two of the education law, respectively, and calculated from an\neligible college's final fall full-time equivalent enrollment for the\ntwo thousand three--two thousand four academic year as published by the\nstate education department.\n  (l) "Total TAP expenditure amount" shall mean an amount equal to the\nproduct of (i) the product of forty-five percent of one hundred\nseventy-five million dollars for independent colleges or the product of\ntwenty-five percent of one hundred five million dollars for colleges of\nthe state university of New York or the product of twenty-five percent\nof seventy million dollars for colleges of the city university of New\nYork, multiplied by (ii) an eligible college's proportion of the total\nfunding received under section six hundred sixty-seven of the education\nlaw by all eligible independent colleges, all components of the state\nuniversity of New York, as defined in subdivision three of section three\nhundred fifty-two and in subdivision two of section sixty-three hundred\none of the education law, or all senior colleges and community colleges\nof the city university of New York, as defined in subdivisions four and\nfive of section sixty-two hundred two of the education law,\nrespectively, as estimated by the higher education services corporation\nfor the two thousand three-two thousand four academic year.\n  3. Powers, functions and duties of the New York state higher education\ncapital grant board; limitations. (a) The New York state higher\neducation capital grant board shall have the power and it shall be its\nduty to approve or deny applications received from colleges for higher\neducation capital matching grants. In making such determination, the\nboard shall verify that the criteria set forth in paragraph (e) of\nsubdivision four of this section have been met. If necessary, the board\nmay request additional information from the college when making such\ndetermination.\n  (b) Within amounts appropriated therefor, the board is hereby\nauthorized and directed to award matching capital grants totaling three\nhundred fifty million dollars. The public college sector and the\nindependent college sector shall each be eligible to receive grants\ntotaling not more than one hundred seventy-five million dollars. Each\npublic college and independent college shall be eligible for a grant\naward amount as determined by the calculations pursuant to subdivision\nfive of this section. In addition, such public colleges and independent\ncolleges shall be eligible to compete for additional funds pursuant to\nparagraph (h) of subdivision four of this section.\n  (c) The board shall approve or disapprove the methodology and the\nresulting matching ratios developed by the dormitory authority pursuant\nto paragraph (c) of subdivision four of this section.\n  (d) The board shall approve or deny applications for waivers of the\nstandard matching requirement under paragraph (d) of subdivision four of\nthis section.\n  4. New York state higher education capital matching grant program\nadministration and financing.\n  (a) The dormitory authority is hereby authorized and directed to\nadminister the New York state higher education capital matching grant\nprogram.\n  (b) The dormitory authority shall serve as staff to the New York state\nhigher education capital matching grant board, including, with the\ncooperation of any other state agency, the preparation of information\nwhich would assist the board in carrying out its duties.\n  (c) The dormitory authority of the state of New York shall develop a\nmethodology to determine the required non-state funds contribution for\ncolleges. Such methodology shall consider endowment per full-time\nequivalent student and tuition and fees. Such methodology shall require\na greater contribution from those colleges with greater fiscal resources\nas measured by endowment per full-time equivalent student and tuition\nand fees. For public colleges the numerator in the matching ratio of\nnon-state funds to grant award amount shall not be greater than two or\nless than 0.5 and the denominator shall be equal to one for public\ncommunity colleges, the numerator in the matching ratio of non-state\nfunds to grant award amount shall not be greater than one or less than\n0.5 and the denominator shall be equal to one; and for independent\ncolleges the numerator in the matching ratio of non-state funds to grant\naward amount shall not be greater than three or less than 0.5 and the\ndenominator shall be equal to one. Such methodology and the resulting\nmatching ratios shall be submitted to the board for approval within\nthirty days after the effective date of this section and shall be made\navailable to potential applicants once approved.\n  (d) The standard matching requirement for the purposes of determining\na college's required non-state funds contribution shall be as provided\nin this paragraph. For public colleges the numerator in the standard\nmatching requirement of non-state funds to grant award amount shall be\nequal to two and the denominator shall be equal to one for public\ncommunity colleges the numerator in the standard matching requirement of\nnon-state funds to grant award amount shall be equal to one and the\ndenominator shall be equal to one; and for independent colleges the\nnumerator in the standard matching requirement of non-state funds to\ngrant award amount shall be equal to three and the denominator shall be\nequal to one. Colleges may apply for a waiver of such standard matching\nrequirement. If such waiver is approved by the board, the required\nnon-state funds contribution shall be determined by the methodology set\nforth in paragraph (c) of subdivision four of this section.\n  (e) The dormitory authority shall develop a standard application for\nsuch grants. Such application shall require colleges to provide, at a\nminimum, the following:\n  (i) The amount of grant request, such request not to exceed the\neligible grant award amount, as provided for in subdivision five of this\nsection.  No more than three and one-half of one percent of any capital\nmatching grant issued under this program may be allocated to any college\nor to any subsidiary or organization associated therewith for purposes\nwhich may include, but not be limited to, any direct or indirect costs\nof administering the program not contained in the application requesting\nsuch capital matching grant, provided however, that no monies granted\nunder the program shall be used to supplant any direct or indirect costs\nof the grant recipient;\n  (ii) A statement that the proposed project would enhance the\nprogrammatic offerings or the student life at the college or provide\neconomic development benefits to the surrounding area;\n  (iii) Whether the project is eligible for funding under the state\nuniversity or city university capital plan;\n  (iv) Whether the project has the participation and financial support\nof a consortium of colleges and/or public or private partnerships;\n  (v) A detailed description of the project, including projected costs\nincluding the sources and uses of funds, completion timeline, and funds\nnecessary at each stage of project completion;\n  (vi) A description of the type or types of non-state funds to be\nutilized and the source of such funds;\n  (vii) Information to demonstrate the ability to access sufficient\nnon-state funds to meet the matching ratio requirement, as provided for\nin paragraph (c) of this subdivision or the standard matching\nrequirement as provided for in paragraph (d) of this subdivision;\n  (viii) A statement that as of the effective date of this section,\nconstruction had not begun and equipment had not been purchased for such\nproject;\n  (ix) A statement whether a recurring source of revenue shall be\navailable to support facility operations and maintenance for the project\nthat the capital matching grant is funding; and\n  (x) A statement whether, the project has received all necessary\nregulatory approvals or can demonstrate a reasonable expectation that\nsuch approvals will be secured.\n  (f) Upon receipt of a matching grant application, the dormitory\nauthority shall review such grant application for technical sufficiency\nand compliance with the application criteria as provided for in\nparagraph (e) of this subdivision. If necessary, the dormitory authority\nmay request additional information from the applicant. When the\napplication is complete, the dormitory authority shall submit such\napplication with an analysis to the capital grant board for its approval\nor denial.\n  (g) In order to be eligible for such grants, colleges must provide\nnotification to the dormitory authority of an intent to apply for a\ngrant no later than March thirty-first, two thousand seven and must\napply for such grant no later than March thirty-first, two thousand\neight.\n  (h) If a college does not apply for a grant by March thirty-first, two\nthousand eight, funds associated with such potential grant shall be\nawarded, on a competitive basis, to other colleges. Public colleges\nshall be eligible to apply for unutilized public college grants within\ntheir respective systems and independent colleges shall be eligible to\napply for unutilized independent college grants. The dormitory authority\nshall develop a request for proposals and application process, in\nconsultation with the board, for such grants and shall develop criteria,\nsubject to review by the board, for the awarding of such grants. Such\ncriteria shall incorporate the matching criteria contained in paragraph\n(c) of this subdivision, and the application criteria set forth in\nparagraph (e) of this subdivision. The dormitory authority shall require\nall applications in response to the request for proposals to be\nsubmitted by September first, two thousand eight, and the board shall\nact on each application for such matching grants by November first, two\nthousand eight.\n  (i) The dormitory authority shall develop a model contract provision\nto be used in any contract which involves a project for which a college\nhas received a matching grant. Such provision shall indemnify and hold\nthe state of New York harmless from any and all claims for loss or\nliability alleged to have been caused or resulting from any work\ninvolving such project.\n  (j) (i) The dormitory authority is hereby authorized and directed to\nassist in financing higher education projects by providing to eligible\ncolleges higher education capital matching grants that have been\napproved by the New York state higher education capital matching grant\nboard.\n  (ii)(A) Notwithstanding the provision of any general or special law to\nthe contrary, and subject to the provisions of chapter fifty-nine of the\nlaws of two thousand and to the making of annual appropriations therefor\nby the legislature, in order to assist the dormitory authority in\nproviding such higher education capital matching grants, the director of\nthe budget is authorized in any state fiscal year commencing April\nfirst, two thousand four or any state fiscal year thereafter for a\nperiod ending on March thirty-first, two thousand nine, to enter into\none or more service contracts, none of which shall exceed thirty years\nin duration, with the dormitory authority, upon such terms as the\ndirector of the budget and the dormitory authority agree.\n  (B) Any service contract entered into pursuant to clause (A) of this\nsubparagraph or any payments made or to be made thereunder may be\nassigned and pledged by the dormitory authority as security for its\nbonds, notes, or other obligations.\n  (C) Any such service contracts shall provide that the obligation of\nthe director of the budget or of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision in the event the\ndormitory authority assigns or pledges the service contract payments as\nsecurity for its bonds, notes, or other obligations and shall be deemed\nexecutory only to the extent monies are available and that no liability\nshall be incurred by the state beyond the monies available for the\npurpose, and that such obligation is subject to annual appropriations by\nthe legislature.\n  (D) Any service contract or contracts entered into pursuant to this\nsubdivision shall provide for state commitments to provide annually to\nthe dormitory authority a sum or sums, upon such terms and conditions as\nshall be deemed appropriate by the director of the budget, to fund the\nprincipal, interest, or other related payments required for any bonds,\nnotes, or other obligations of the dormitory authority issued pursuant\nto this section.\n  (iii)(A) To obtain funds for the purposes of this section, the\nauthority shall have power from time to time to issue negotiable bonds\nor notes.  Unless the context shall clearly indicate otherwise, whenever\nthe words "bond" or "bonds" are used in this section, such words shall\ninclude a note or notes of the authority.\n  (B) The dormitory authority shall not issue any bonds or notes in an\namount in excess of three hundred fifty million dollars for the purposes\nof this section; excluding bonds or notes issued to fund one or more\ndebt service reserve funds, to pay costs of issuance of such bonds, and\nbonds or notes issued to refund or otherwise repay such bonds or notes\npreviously issued. Except for purposes of complying with the internal\nrevenue code, any interest on bond proceeds shall only be used to pay\ndebt service on such bonds.\n  (C) In computing for the purposes of clause (B) of this subparagraph,\nthe aggregate amount of indebtedness evidenced by bonds and notes of the\ndormitory authority issued pursuant to this title, there shall be\nexcluded the amount of such indebtedness represented by such bonds or\nnotes issued to refund or otherwise repay bonds or notes; provided that\nthe amount so excluded under this clause may exceed the principal amount\nof such bonds or notes that were issued to refund or otherwise repay\nonly if the present value of the aggregate debt service on the refunding\nor repayment bonds or notes shall not have at the time of their issuance\nexceeded the present value of the aggregate debt service of the bonds or\nnotes they were issued to refund or repay, such present value in each\ncase being calculated by using the effective interest rate of the\nrefunding or repayment bonds or notes, which shall be that rate arrived\nat by doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment date thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\ntherefor, or to the proceeds received by the dormitory authority from\nthe sale thereof, in each case including estimated accrued interest.\n  (D) The state of New York hereby covenants with the purchasers,\nholders, and owners from time to time of the bonds of the authority\nissued pursuant to this section that it will not, subject to the\nprovisions of clause (C) of subparagraph (ii) of this paragraph, repeal,\nrevoke, rescind, modify, or amend the provisions of this section which\nrelate to the making of annual service contract payments to the\nauthority with respect to such bonds as to limit, impair, or impede the\nrights and remedies granted to bondholders under this title or otherwise\ndiminish the security pledged to such purchasers, holders, and owners or\nsignificantly impair the prospect of payment of any such bond.\n  (iv) In addition to the authority with respect to financing higher\neducation projects provided to the dormitory authority in subparagraph\n(iii) of this paragraph, the dormitory authority is hereby authorized to\nfinance that portion of any higher education project approved to receive\na higher education capital matching grant that is in excess of the\namount of such grant and which shall be the non-state funds portion of\nthe cost of such project to the same extent and under the same powers\nand procedures as if such project were named in paragraph (b) of\nsubdivision two of section sixteen hundred seventy-six of this title and\nin subdivision one of section sixteen hundred eighty of this title.\n  5. Limitation on awards. Colleges eligible for participation in the\nhigher education capital matching grants program pursuant to this\nsection shall be eligible to receive a higher education capital matching\ngrant pursuant to the following calculations:\n  (a) Each independent college shall be eligible to receive a grant\nequal to the sum of its total full-time equivalent amount, its total TAP\nexpenditure amount and its base grant amount; and\n  (b) Each public college shall be eligible to receive a grant equal to\nthe sum of its total full-time equivalent amount, its total TAP\nexpenditure amount and its total academic square footage amount.\n  Provided, however, that an Independent non-profit comprehensive,\nnon-traditional, non-instructional assessment institution whose external\ndegree programs only validated a candidate's education experience and\ngranted over four thousand degrees in the two thousand one--two thousand\ntwo academic year shall be eligible to receive a base grant equal to the\nproduct of (i) $17.5 million dollars; and (ii) its proportion of the\ntotal number of non-associate degrees conferred by all colleges and\nuniversities statewide for the two thousand one--two thousand two\nacademic year as reported by the state education department.\n  The dormitory authority shall calculate the amount of the grants that\neach independent college and each public college shall be eligible to\nreceive in accordance with the limitations set forth in this subdivision\nas soon as practicable but no more than forty-five days after the\neffective date of this section and shall make such information\nconveniently available to the colleges including by the use of\nelectronic dissemination methods.\n  6. Contracts. (a) Each contract entered into by a college, which\ninvolves a project for which the college has received a capital grant\naward, shall be subject to the approval of the comptroller and, as to\nform and manner of execution, by the attorney general of the state of\nNew York.\n  (b) Each contract entered into by a college shall include the\nprovision as provided for in paragraph (i) of subdivision four of this\nsection, which shall indemnify and hold the state of New York harmless\nfrom any and all claims for loss or liability alleged to have been\ncaused or resulting from any work involving such project.\n  (c) Each contract entered into by a public college or made in\nconnection with a capital matching grant made to a consortium of\ncolleges that includes a public college regardless of which member of\nthe consortium shall be the contracting party shall be awarded by a\ncompetitive process and shall be deemed a state contract for the\npurposes of article nine of the state finance law, provided, however,\nthat any contract which would not be a state contract except for the\napplication of this paragraph shall not be subject to section one\nhundred thirty-five of the state finance law.\n  (d) Each contract entered into by a public college or made in\nconnection with a capital matching grant made to a consortium of\ncolleges that includes a public college regardless of which member of\nthe consortium shall be the contracting party shall require that the\nwork covered by such contract shall be deemed "public work" and subject\nto and performed in accordance with articles eight, nine and ten of the\nlabor law and, for the purposes of article fifteen-A of the executive\nlaw, the contracting party under such contracts shall be deemed a state\nagency as that term is defined in such article and such contracts shall\nbe deemed state contracts within the meaning of that term as set forth\nin such article.\n  (e) Independent colleges whose contracts are not state contracts for\nthe purposes of article nine of the state finance law and article\nfifteen-A of the executive law and whose projects under such contracts\ndo not involve public work so as to be subject to articles eight, nine,\nand ten of the labor law, shall execute an undertaking, as a condition\nof receiving any capital matching grant, to voluntarily comply with\narticle nine of the state finance law, except section one hundred\nthirty-five of such law, article fifteen-A of the executive law, and\narticles eight, nine, and ten of the labor law so far as the same would\nbe applicable to the contracts of a public college, and to be subject to\nthe enforcement provisions of said articles to the same extent.\n  7. Reporting. (a) The New York state higher education capital matching\ngrant board shall, annually on or before December first, prepare and\nsubmit an annual report to the governor and the chair of the assembly\nways and means committee and the chair of the senate finance committee.\nSuch report shall contain at a minimum the following information: (i) a\nlist of all applications filed by any college for a grant under the\nhigher education capital grant program including the name of the\napplying college, a brief description of the project, and the amount of\nthe grant requested; (ii) a list of the applications granted by the\nboard specifying the amount of the grant approved if such amount is\ndifferent from the amount applied for; and (iii) a statement showing the\ndollar amount of all grants approved by the board and the dollar amount\nof the remaining capacity for future grants.\n  (b) Any eligible institution receiving a grant pursuant to this\narticle shall report to the dormitory authority no later than June\nfirst, two thousand seven, on the use of funding received and its\nprogrammatic and economic impact. The dormitory authority shall submit a\nreport no later than November first, two thousand seven to the board,\nthe governor, the director of the budget, the temporary president of the\nsenate, and the speaker of the assembly on the aggregate impact of the\nhigher education capital matching grant program. Such report shall\nprovide information on the progress and economic impact of each project.\n  * NB There are 2 § 1680-j's\n
N.Y. PBA Law § 1695 — New York Code / Act PBA / Article 8 / Title 4-A / Section 1695
Definitions
Status: in_force

* § 1695. Definitions. As used in this article, unless the context\nrequires otherwise:\n  a. "Chairman" means the chairman of the dormitory authority.\n  b. "Minority business concern" means a socially and economically\ndisadvantaged applicant concern which is owned or controlled by one or\nmore persons who have been deprived of the opportunity to develop and\nmaintain a competitive position in the economy because of social or\neconomic disadvantages. Such disadvantages may arise from cultural,\nsocial or economic circumstances. Such persons include, but are not\nlimited to, Black Americans, American Indians, Spanish-Americans,\nOriental-Americans, Eskimos, Aleuts and servicemen in the armed forces\nduring the Vietnam era.\n  c. "Small business" means a business which is independently owned and\noperated, and which is not dominant in the field of operation. The\nauthority shall establish a detailed definition by rule, using in\naddition to the foregoing criteria, other criteria, including the number\nof employees and the dollar volume of business. When computing the size\nstatus of a bidder, annual sales and receipts of the bidder and all of\nits affiliates shall be included. The maximum number of employees and\nthe maximum dollar volume which a small business may have under the\nrules promulgated by the authority shall vary from industry to industry\nto the extent necessary to reflect differing characteristics of such\nindustries based on the criteria used by the federal Small Business\nAdministration for loans to small businesses as set forth in Section\n121.3-10 and Schedules A, C and D (or for awarding government\nprocurements as set forth in Section 121.3-S and Schedule B) of Part 121\nof Chapter I of Title 13 of the Code of Federal Regulations, as amended,\nsubject to the following general limitations unless the above\nregulations provide for other size or annual receipts standards for any\nindustry or subindustry;\n  (1) No wholesale business is a small business if its annual sales for\nits most recently completed fiscal year, nor is a construction business\nif its average annual receipts for the preceding three fiscal years,\nexceed five million dollars.\n  (2) No retail business or business selling services is a small\nbusiness if its annual sales and receipts exceed one million dollars.\n  (3) No manufacturing business is a small business if it employs more\nthan two hundred fifty persons.\n  d. "Small business set-aside" means a purchase request for which bids\nare to be invited and accepted only from small businesses by the\nchairman.\n  * NB There are 2 § 1695's\n
N.Y. ENV Law § 56-0403 — New York Code / Act ENV / Article 56 / Title 4 / Section 56-0403
Municipal landfill projects
Status: in_force

§ 56-0403. Municipal landfill projects.\n  1. As used in this title the following terms mean and include:\n  (a) "Landfill" means a disposal facility or part of one at which solid\nwaste, or its residue after treatment, is intentionally placed in or on\nland, and at which solid waste will remain after closure and which is\nnot a land spreading facility, a surface impoundment, or an injection\nwell.\n  (b) "Municipal landfill closure project" means activities undertaken\nto close, including by reclamation, a landfill owned or operated by a\nmunicipality to achieve compliance with regulations promulgated by the\ndepartment, or activities undertaken to implement a landfill gas\nmanagement system project.\n  (c) "Landfill gas management system" means a system for the control,\ncapture, and management of gas created within and emitted from a solid\nwaste landfill.\n  (d) "Adirondack landfill project" means a project undertaken by the\nstate and a municipality or municipalities, where such project has the\neffect of eliminating the potential for the disposal of waste\noriginating outside the Adirondack park at a municipal solid waste\nlandfill located within the Adirondack park.\n  2. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of a municipal landfill closure project\nincurred after April first, nineteen hundred ninety-three or Adirondack\nlandfill project which is within the state of New York and which is\neligible for state assistance pursuant to this title.\n  3. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n  (a) the urgency of need to provide state assistance payments for the\nproject in relation to the provision of monies for other project needs\nin the state known at the time such application is made;\n  (b) any adverse environmental impact resulting from the municipal\nlandfill, including effects on groundwater; and\n  (c) the ability of the municipality to pay for the costs of the\nproject.\n  4. After approval of an application, the commissioner and the\nmunicipality shall enter into a contract for state assistance payments\ntoward the cost of such project which shall include the following\nprovisions:\n  (a) A current estimate of the cost of the project as determined by the\ncommissioner at the time of the execution of the contract.\n  (b) An agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality for costs incurred during the progress of the project to a\nmaximum of either fifty percent of the cost, or ninety percent of the\ncost for a municipality with a population smaller than thirty-five\nhundred as determined by the current federal decennial census, or two\nmillion dollars, whichever is less. The commissioner may consider\nlandfill gas management projects separately from landfill closure\nprojects. Such costs are subject to final computation and determination\nby the commissioner upon completion of the project. For purposes of this\nsubdivision, the approved project cost shall be reduced by the amount of\nany specific state assistance payments for landfill closure purposes\nreceived by the municipality from any source; provided, however, that\nnon-specific state assistance payments such as amounts paid pursuant to\nsection fifty-four of the state finance law, shall not be included in\nsuch cost reduction.\n  (c) An agreement by the municipality to proceed expeditiously with the\nproject and to complete the project in accordance with plans and reports\napproved by the department and with the conditions of applicable\npermits, administrative orders or judicial orders.\n  5. In administering the provisions of this title the commissioner:\n  (a) shall make an itemized estimate of funds or appropriations\nrequested annually for inclusion in the executive budget;\n  (b) may, in the name of the state, as further provided within this\narticle, contract to make, within the limitations of appropriations\navailable therefor, state assistance payments toward the costs of an\napproved project. Such contracts shall be subject to approval by the\nstate comptroller and, as to form, by the attorney general;\n  (c) shall approve vouchers for the payments pursuant to an approved\ncontract. All such payments shall be paid on the audit and warrant of\nthe state comptroller; and\n  (d) may perform such other and further acts as may be necessary,\nproper or desirable to carry out the provisions of this article.\n  6. A municipality shall have the power and authority to:\n  (a) undertake and carry out any project for which state assistance\npayments and loans pursuant to contract are received or are to be\nreceived pursuant to this article and maintain and operate such project;\n  (b) expend money received from the state pursuant to this article for\ncosts incurred in conjunction with an approved project; and\n  (c) perform such other and further acts as may be necessary, proper or\ndesirable to carry out a project or obligation, duty or function related\nthereto.\n  7. Any municipal solid waste landfill or portion thereof that has\nclosed or is in the process of closing that is required by federal or\nstate law or regulation to install a landfill gas management system\nshall be eligible for state assistance for such landfill gas management\nsystem project pursuant to this section.\n  8. Notwithstanding paragraph (b) of subdivision four of this section,\nthe commissioner, the commissioners of the Adirondack park agency, and\nsuch other state agencies as may be appropriate, may enter into an\nagreement with a municipality or municipalities for an Adirondack\nlandfill project, the capital costs of which shall be eligible for state\nassistance payments pursuant to this section. Such project may be part\nof a locally created, region wide solution to the solid waste problems\nwithin the adirondack park.\n
N.Y. RPT Law § 499-C — New York Code / Act RPT / Article 4 / Title 4 / Section 499-C
Eligibility requirements
Status: in_force

§ 499-c. Eligibility requirements. 1. No abatement shall be granted\npursuant to this title unless:\n  (a) the landlord enters into a lease for eligible premises with a new\ntenant or a renewal tenant and:\n  (1) the lease commencement date is within the eligibility period;\n  (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch new or renewal tenant employs one hundred twenty-five or fewer\nemployees in the eligible premises, the initial lease term is for a\nperiod of at least five years or, with respect to a lease commencing on\nor after April first, nineteen hundred ninety-seven, the initial lease\nterm is for a period of at least three years; or (ii) if, by the\nsixtieth day following the rent commencement date, such new or renewal\ntenant employs more than one hundred twenty-five employees in the\neligible premises, the initial lease term is for a period of at least\nten years; and\n  (3) (i) if the lease is with a new tenant required to sign a lease\nwith an initial lease term of at least five years, expenditures on\nimprovements to the eligible premises and the common areas of the\neligible building are in an amount at least equal to ten dollars per\nsquare foot, provided, however, that with respect to a lease commencing\non or after April first, nineteen hundred ninety-seven, if, by the\nsixtieth day following the rent commencement date, the new tenant\nemploys one hundred twenty-five or fewer employees in the eligible\npremises, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nfive dollars per square foot; or (ii) if the lease is with a new tenant\nrequired to sign a lease with an initial lease term of at least ten\nyears, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nthirty-five dollars per square foot; or (iii) if the lease is with a\nrenewal tenant, expenditures on improvements to the eligible premises\nand the common areas of the eligible building are in an amount at least\nequal to ten dollars per square foot for any premises previously\noccupied by such renewal tenant, provided, however, that with respect to\na lease commencing on or after April first, nineteen hundred\nninety-seven, if, by the sixtieth day following the rent commencement\ndate, the renewal tenant employs one hundred twenty-five or fewer\nemployees in the eligible premises previously occupied by such renewal\ntenant, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nfive dollars per square foot; and in an amount at least equal to the\namount specified in clause (i) or (ii) of this subparagraph, depending\nupon the required initial lease term, for any premises not previously\noccupied by such renewal tenant; or\n  (b) the landlord enters into a lease with an expansion tenant for\nexpansion premises and:\n  (1) the lease commencement date is within the eligibility period;\n  (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch expansion tenant employs one hundred twenty-five or fewer employees\nin the expansion premises, the initial lease term for the expansion\npremises is for a period of at least five years or, with respect to a\nlease commencing on or after April first, nineteen hundred ninety-seven,\nthe initial lease term is for a period of at least three years; or (ii)\nif, by the sixtieth day following the rent commencement date, such\nexpansion tenant employs more than one hundred twenty-five employees in\nsuch expansion premises, the initial lease term for the expansion\npremises is for a period of at least ten years; and\n  (3) (i) if the lease is with an expansion tenant required to sign a\nlease with an initial lease term of at least five years, expenditures on\nimprovements to the expansion premises and the common areas of the\neligible building are in an amount at least equal to ten dollars per\nsquare foot, provided, however, that with respect to a lease commencing\non or after April first, nineteen hundred ninety-seven, if, by the\nsixtieth day following the rent commencement date, the expansion tenant\nemploys one hundred twenty-five or fewer employees in the expansion\npremises, expenditures on improvements to the expansion premises and the\ncommon areas of the eligible building are in an amount at least equal to\nfive dollars per square foot; or (ii) if the lease is with an expansion\ntenant required to sign a lease with an initial lease term of at least\nten years, expenditures on improvements to the expansion premises and\nthe common areas of the eligible building are in an amount at least\nequal to thirty-five dollars per square foot.\n  2. No abatement shall be granted pursuant to this title if an\napplicant shall fail to meet any of the requirements of this title\nwithin sixty days of the rent commencement date; provided that for a\nlease with a renewal tenant, the expenditures on improvements required\nby subdivision one of this section shall be made within one year of the\nlease commencement date.\n  3. (a) For purposes of determining whether the amount of expenditures\nrequired by subdivision one of this section have been satisfied,\nexpenditures on improvements to the common areas of an eligible building\nshall be included only if work on such improvements commenced and the\nexpenditures are made on or after April first, nineteen hundred\nninety-five and on or before September thirtieth, two thousand\ntwenty-eight; provided, however, that expenditures on improvements to\nthe common areas of an eligible building made prior to three years\nbefore the lease commencement date shall not be included.\n  (b) The landlord may allocate expenditures on improvements to the\ncommon areas of an eligible building to eligible tenants in such manner\nas reasonably relates to such eligible tenants.\n  4. For purposes of this title, the expiration date of a lease shall be\ndetermined by the expiration date set forth in such lease, without\ngiving effect to any rights of the landlord or the tenant to terminate\nsuch lease prior to the expiration date set forth therein.\n  5. The lease for the eligible premises shall contain the following\nprovisions:\n  (a) a statement of the tenant's percentage share;\n  (b) a statement informing the tenant in at least twelve-point type\nthat:\n  (1) an application for abatement of real property taxes pursuant to\nthis title will be made for the premises;\n  (2) the rent, including amounts payable by the tenant for real\nproperty taxes, will accurately reflect any abatement of real property\ntaxes granted pursuant to this title for the premises;\n  (3) at least ten dollars per square foot or thirty-five dollars per\nsquare foot must be spent on improvements to the premises and the common\nareas, the amount being dependent upon the length of the lease and\nwhether it is a new or a renewal lease, provided, however, that with\nrespect to a lease commencing on or after April first, nineteen hundred\nninety-seven, if, by the sixtieth day following the rent commencement\ndate, the tenant employs one hundred twenty-five or fewer employees in\nthe relevant premises, at least five dollars per square foot must be\nspent on improvements to the premises and the common areas; and\n  (4) all abatements granted with respect to a building pursuant to this\ntitle will be revoked if, during the benefit period, real estate taxes\nor water or sewer charges or other lienable charges are unpaid for more\nthan one year, unless such delinquent amounts are paid as provided in\nsubdivision four of section four hundred ninety-nine-f of this title.\n  6. No abatement shall be granted pursuant to this title if:\n  (a) a tenant has relocated from any area of the borough of Manhattan\nnorth of the center line of 96th Street or from any portion of the\nboroughs of the Bronx, Brooklyn, Queens, or Staten Island;\n  (b) the lease for the eligible premises provides that during the\ninitial lease term required by subdivision one of this section either\nthe landlord or the tenant may terminate such lease prior to the\nexpiration date of such required initial lease term; provided that such\nlease may provide that either the landlord or the tenant may terminate\nsuch lease if (1) the other party is in default of any of such party's\nobligations under the lease, (2) the eligible premises are damaged or\ndestroyed by fire or other casualty, (3) the eligible premises are\nrendered unusable for any reason not attributable to any act or failure\nto act of either tenant or landlord, or (4) the eligible premises are\nacquired by eminent domain; and\n  (c) there are real property taxes, water or sewer charges or other\nlienable charges currently due and owing on the eligible building which\nis the subject of an application for abatement pursuant to this title,\nunless such real property taxes or charges are currently being paid in\ntimely installments pursuant to a written agreement with the department\nof finance or other appropriate agency.\n  7. No abatement shall be granted pursuant to this title unless the\napplicant shall file, together with the application, an affidavit\nsetting forth the following information:\n  (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of abatement, neither the\napplicant nor any person owning a substantial interest in the eligible\nbuilding as defined in paragraph (c) of this subdivision, nor any\nofficer, director or general partner of the applicant or such person was\nfinally adjudicated by a court of competent jurisdiction to have\nviolated section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building, or was\nan officer, director or general partner of a person at the time such\nperson was finally adjudicated to have violated such law; and\n  (b) a statement setting forth any pending charges alleging violation\nof section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building by the\napplicant or any person owning a substantial interest in the eligible\nbuilding as defined in paragraph (c) of this subdivision, or any\nofficer, director or general partner of the applicant or such person, or\nany person for whom the applicant or person owning a substantial\ninterest in the eligible building is an officer, director or general\npartner.\n  (c) for purposes of this subdivision and subdivision seven of section\nfour hundred ninety-nine-f of this title, "substantial interest" shall\nmean ownership and control of an interest of ten per centum or more in\nthe eligible building or in any person owning the eligible building.\n
N.Y. PBA Law § 1475-R — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-R
Defense and indemnification
Status: in_force

§ 1475-r. Defense and indemnification. The authority shall not execute\nany of its powers except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the authority to\nextend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n
N.Y. RPT Law § 1184 — New York Code / Act RPT / Article 11 / Title 4 / Section 1184
Payment of delinquent taxes in installments
Status: in_force

§ 1184. Payment of delinquent taxes in installments. 1. Definitions.\nAs used in this section:\n  (a) "Eligible delinquent taxes" means the delinquent taxes, including\ninterest, penalties and other charges, which have accrued against a\nparcel as of the date on which an installment agreement is executed.\n  (b) "Eligible owner" means an owner of real property who is eligible\nto or has entered into an installment agreement.\n  (c) "Farm property" means property which qualifies as farm property\npursuant to section eleven hundred eleven of this article.\n  (d) "Installment agreement" means a written agreement between an\neligible owner and the enforcing officer providing for the payment of\neligible delinquent taxes in installments pursuant to the provisions of\nthis section and the local law adopted hereunder.\n  (e) "Residential property" means property which qualifies as\nresidential property pursuant to section eleven hundred eleven of this\narticle.\n  2. Installment payment of eligible delinquent taxes. The governing\nbody of a tax district is hereby authorized and empowered to enact and\namend a local law providing for the installment payment of eligible\ndelinquent taxes. Such installment payment of eligible delinquent taxes\nshall be made available to each eligible owner on a uniform basis\npursuant to the provisions of this section and the local law. Such\ninstallment payment of eligible delinquent taxes shall commence upon the\nsigning of an agreement between the enforcing officer and the eligible\nowner. The agreement shall be kept on file in the office of the\nenforcing officer.\n  3. The local law enacted pursuant to this section shall provide:\n  (a) the maximum term of installment agreements, which shall not exceed\nthirty-six months;\n  (b) the payment schedule, which shall be monthly, bi-monthly quarterly\nor semi-annually;\n  (c) the required initial down payment, if any, which shall not exceed\ntwenty-five percent of the eligible delinquent taxes;\n  (d) the properties to which the local law shall apply, which shall be\neither (i) residential property, (ii) both residential and farm\nproperty, or (iii) all properties within such tax district; and\n  (e) other terms and conditions consistent with the provisions of this\nsection.\n  4. A property owner shall not be eligible to enter into an agreement\npursuant to this section where:\n  (a) there is a delinquent tax lien on the same property for which the\napplication is made or on another property owned by such person and such\ndelinquent tax lien is not eligible to be made part of the agreement\npursuant to this section;\n  (b) such person is the owner of another parcel within the tax district\non which there is a delinquent tax lien, unless such delinquent tax lien\nis eligible to be and is made part of the agreement pursuant to this\nsection;\n  (c) such person was the owner of property on which there existed a\ndelinquent tax lien and which lien was foreclosed within three years of\nthe date on which an application is made to execute an agreement\npursuant to this section; or\n  (d) such person defaulted on an agreement executed pursuant to this\nsection within three years of the date on which an application is made\nto execute an agreement pursuant to this section.\n  5. A property owner shall be eligible to enter into an agreement\npursuant to this section no earlier than thirty days after the delivery\nof the return of unpaid taxes to the enforcing officer.\n  6. The amount due under an installment agreement shall be the eligible\ndelinquent taxes plus the interest that is to accrue on each installment\npayment up to and including the date on which each payment is to be\nmade. The agreement shall provide that the amount due shall be paid, as\nnearly as possible, in equal amounts on each payment due date. Each\ninstallment payment shall be due on the last day of the month in which\nit is to be paid.\n  7. Interest and penalties. Interest on the total amount of eligible\ndelinquent taxes, less the amount of the down payment made by the\neligible owner, if any is required, shall be that amount as determined\npursuant to section nine hundred twenty-four-a of this chapter, or such\nother law as may be applicable. The rate of interest in effect on the\ndate the agreement is signed shall remain constant during the period of\nthe agreement. If an installment is not paid on or before the date it is\ndue, interest shall be added at the applicable rate for each month or\nportion thereof until paid. In addition, if an installment is not paid\nby the end of the fifteenth calendar day after the payment due date, a\nlate charge of five percent of the overdue payment shall be added.\n  7-a. Waiver of interest and penalties for certain eligible deployed\nmilitary members. A county, city, town, village or other taxing entity\nmay adopt a local law, resolution or ordinance to waive interest,\npenalties and fees as would otherwise be imposed pursuant to this\nsection, provided that:\n  (a) the financial hardship was caused in substantial part by the\nowner's having been ordered to active military duty in the United States\narmed forces including the reserve components of such armed forces;\n  (b) the deployment lasted for at least six contiguous months, or the\nowner was killed in acting during such activation; and\n  (c) the owner provides satisfactory written evidence as prescribed in\nthe local law, resolution or ordinance that the chief elected officer or\nsuch county, city, town, village or taxing entity, or their designee, or\nany other official that may be designated by such law, ordinance or\nregulation.\n  8. Default. (a) The eligible owners shall be deemed to be in default\nof the agreement upon:\n  (i) non-payment of any installment within thirty days from the payment\ndue date;\n  (ii) non-payment of any tax, special ad valorem levy or special\nassessment which is levied subsequent to the signing of the agreement by\nthe tax district, and which is not paid prior to the receipt of the\nreturn of unpaid taxes by the enforcing officer; or\n  (iii) default of the eligible owner on another agreement made and\nexecuted pursuant to this section.\n  (b) In the event of a default, the tax district shall have the right\nto require the entire unpaid balance, with interest and late charges, to\nbe paid in full. The tax district shall also have the right to enforce\nthe collection of the delinquent tax lien pursuant to the applicable\nsections of law, special tax act, charter or local law.\n  (c) Where an eligible owner is in default and the tax district does\nnot either require the eligible owner to pay in full the balance of the\ndelinquent taxes or elect to institute foreclosure proceedings, the tax\ndistrict shall not be deemed to have waived the right to do so.\n  9. Notification of potential eligible owners. (a) Within forty-five\ndays after receiving the return of unpaid taxes from the collecting\nofficer, or as soon thereafter as is practicable, the enforcing officer\nshall notify, by first class mail, all potential eligible owners of\ntheir possible eligibility to make installment payments on such tax\ndelinquencies. The enforcing officer shall add one dollar to the amount\nof the tax lien for such mailing, if the local law provided for such a\ncharge.\n  (b) The failure to mail any such notice, or the failure of the\naddressee to receive the same, shall not in any way affect the validity\nof taxes or interest prescribed by law with respect thereto.\n  (c) The enforcing officer shall not be required to notify the eligible\nowner when an installment is due.\n  10. Where an installment agreement so provides, the lien or liens to\nwhich the agreement relates may be sold to the state of New York\nmunicipal bond bank agency, or a tax lien entity created thereby,\npursuant to title five of this article. In case of such a sale, the\nrights and duties of the tax district under the agreement shall be\nassumed by the tax lien purchaser. The tax lien purchaser shall continue\nto allow the owner or owners to make installment payments in the amounts\nand at the times called for by the agreement, as they did prior to the\nsale to the tax lien purchaser. However, such payments shall be made to\nthe tax lien purchaser or its tax collection agent, rather than to the\ntax district, unless the tax district and the tax lien purchaser have\nagreed otherwise.\n  11. The provisions of this section shall not affect the tax lien\nagainst the property except that the lien shall be reduced by the\npayments made under an installment agreement, and that the lien shall\nnot be foreclosed during the period of installment payments provided\nthat such installment payments are not in default.\n
N.Y. EDN Law § 3201-B — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3201-B
Denial of a free public education prohibited; additional prohibited practices
Status: in_force

§ 3201-b. Denial of a free public education prohibited; additional\nprohibited practices. 1. For purposes of this section, the following\nterms shall have the following meanings:\n  (a) "School" includes a school district, public school, charter\nschool, board of cooperative educational services, special act school\ndistrict as defined in section four thousand one of this chapter, or\nstate-operated school. For the purposes of subdivisions three through\neleven of this section, school also includes universal pre-kindergarten\nprograms authorized under this chapter that are operated by schools on\nschool property.\n  (b) "School property" means: in or within any building, structure,\nathletic playing field, playground, parking lot, or land contained\nwithin the real property boundary line of a school; or in or on a school\nbus, as defined in section one hundred forty-two of the vehicle and\ntraffic law.\n  (c) "School function" means a school sponsored event or activity,\nincluding if such event or activity occurs outside of school property.\n  (d) "Immigration authority" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n  (e) "Immigration enforcement" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n  (f) "Child" means a person entitled to attend the public schools of\nthis state under section three thousand two hundred two of this part.\n  (g) "School personnel" means any employee, agent, officer, or school\nresource officer of a school or any volunteer or employee of any firm,\ncorporation, institution, or governmental agency who works on school\nproperty.\n  (h) "School resource officer" means a school resource officer, school\nsafety officer, school security official, or any other substantially\nsimilar position or office whose purpose is to provide improved public\nsafety and/or security on school property.\n  (i) "Immigration detainer" means any document, form, or other\ncommunication requesting or directing that a school or school personnel\ndetain or maintain custody of an individual, for any period of time, for\npickup by or transfer to immigration authorities.\n  (j) "Civil immigration warrant" means any warrant for a violation of\ncivil immigration law that is not issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631.\n  (k) "Municipal government" means a municipal corporation or a\ngoverning board as defined in section two of the general municipal law.\n  2. (a) No child shall be denied a free public education.\nNotwithstanding any general, special or local law, rule or regulation of\nthe education department to the contrary, no child shall be refused\nadmission into, be deterred from participation in, have their admission\ndelayed to, or be excluded from any school in the state of New York on\naccount of such child's perceived or actual citizenship or immigration\nstatus or the perceived or actual citizenship or immigration status of a\nperson in a parental relationship to such child.\n  (b) No school or school personnel shall undertake any action or use\nany policies that have the intent or effect of deterring a student from\nparticipation in or denying a student the benefits of any program or\nactivity on account of such student's perceived or actual citizenship or\nimmigration status or the perceived or actual citizenship or immigration\nstatus of a person in a parental relationship to such student.\n  (c) No school or school personnel shall use policies or procedures or\nengage in practices that have the intent or effect of excluding\nparticipation of a person in a parental relationship to a student from\nparental engagement activities or programs on account of their perceived\nor actual citizenship or immigration status.\n  3. No school or school personnel shall:\n  (a) use school resources, including, but not limited to, time spent\nwhile on duty on school property or at a school function for immigration\nenforcement purposes;\n  (b) disclose any information, including actual records, about the\nactual or perceived citizenship or immigration status of a student or a\nperson in a parental relationship to such student to any other person or\nentity, including an immigration authority or any employee thereof,\nexcept to comply with a court order issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631;\n  (c) threaten to disclose any information, including actual records,\nabout the actual or perceived citizenship or immigration status of a\nstudent or a person associated with such student to any other person or\nentity, including an immigration authority or any employee thereof;\n  (d) disclose to an immigration authority or any employee thereof the\npersonally identifiable information of a student or a person in a\nparental relationship to such student, including, but not limited to,\nname, social security number, physical description, associated\naddresses, telephone number, financial information, medical information,\nor place of employment or education except to comply with a court order\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631 or unless otherwise required\nby law;\n  (e) inquire about a student or a person in a parental relationship to\nsuch student about such person's citizenship, immigration status,\nnationality, or country of origin, except to comply with a court order\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631; or as necessary to\nadminister a public program or benefit sought by such person; or when\nregistering an individual to vote and other election related matters; or\nas otherwise required by law;\n  (f) collect information from a student or a person in a parental\nrelationship to such student about such student's or person's\ncitizenship, immigration status, nationality, or national origin except\nto comply with a court order issued by a judge appointed pursuant to\nArticle III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631; or as necessary to administer a public program or benefit sought\nby such person; or when registering an individual to vote and other\nelection related matters; or as otherwise required by law;\n  (g) designate immigration status, citizenship, nationality, or\nnational origin as directory information; or\n  (h) employ registration and enrollment requirements or procedures that\nhave the intent or effect of disproportionately delaying or denying the\nenrollment of non-citizen students.\n  4. (a) No school or school personnel shall grant permission to access\nor facilitate access to non-public areas of school property or\nfacilities owned or operated by or under the control of a school to any\nimmigration authority engaging in immigration enforcement unless\npresented with a judicial warrant signed by a judge appointed pursuant\nto Article III of the United States Constitution or federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, authorizing a search or\nseeking the arrest of an individual present at the time the judicial\nwarrant is presented, or as otherwise required by law.\n  (b) Civil immigration warrants, immigration detainers, notices to\nappear, or other non-judicial documents shall not constitute sufficient\nauthority to authorize an immigration authority or any employee thereof\nto access non-public areas of school property or facilities owned or\noperated by or under the control of a school for the purpose of engaging\nin immigration enforcement.\n  5. (a) No school or school personnel shall grant permission for or\nfacilitate the release, transfer, surrender, escort of, or otherwise\ndeliver, a student into the custody of an immigration authority or any\nemployee thereof solely on the basis that a person in a parental\nrelationship to such student has been arrested, detained, or taken into\nfederal custody, unless there is a judicial warrant or court order,\nissued by a federal or state court of competent jurisdiction,\nspecifically authorizing the removal, detention, or assumption of\ncustody of the student by an immigration authority or any employee\nthereof.\n  (b) Civil immigration warrants, immigration detainers, notices to\nappear, or other non-judicial documents shall not constitute sufficient\nauthority to release, transfer, surrender, escort, or otherwise deliver\na student into the custody of an immigration authority or any employee\nthereof.\n  (c) (i) No school or school personnel shall assist immigration\nauthorities in locating, questioning, or detaining a student unless\npresented with court orders issued by a judge appointed pursuant to\nArticle III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or judicial warrants issued\nby a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631, or to comply with requirements under existing law.\n  (ii) Nothing in this section shall be construed to limit, restrict, or\nimpair the authority of state or local law enforcement to apprehend,\ndetain, or take into custody any individual, including a minor, pursuant\nto a judicial warrant, court order, or lawful criminal investigation\nconducted in accordance with applicable New York state criminal law and\nprocedure.\n  6. No school personnel shall use an immigration authority or any\nemployee thereof as interpreters or translators for law enforcement\nmatters relating to individuals that schools or such school personnel\ninteract with as part of their employment duties.\n  7. The provisions of this section shall not be construed to prohibit\nor restrict a school or school personnel from sending to or receiving\nfrom the United States department of homeland security or any other\nfederal, state, or local governmental entity information regarding the\ncitizenship or immigration status of an individual under 8 U.S.C. § 1373\nand 8 U.S.C. § 1644.\n  8. The provisions of this section shall not prohibit school or school\npersonnel from complying with court orders or judicial warrants issued\nby a judge appointed pursuant to Article III of the United States\nConstitution or federal magistrate judge appointed pursuant to 28 U.S.C.\n§ 631.\n  9. The provisions of this section shall apply notwithstanding any\nother provisions of state or local law, charter, code, ordinance,\nresolution, rule, or regulation to the contrary and shall not be\nconstrued to in any way expand the authority of schools or school\npersonnel to participate in immigration enforcement. Provided, however,\nthat nothing in this article shall be construed to prevent or restrict a\nmunicipal government or school from adopting, enacting, or enforcing\nlocal policies, laws, resolutions, ordinances, or regulations which\ncomply with at least the applicable standards or requirements of this\nsection, or which exceed the provisions of this section, or which\nfurther restrict the ability of schools or school personnel to\nparticipate in immigration enforcement beyond the requirements set forth\nin the chapter of the laws of two thousand twenty-six that added this\nsection.\n  10. Within forty-five days of the effective date of this section, the\ndepartment shall develop and publish on the department's website model\nprocedures that shall comply with the requirements of this section.\n  11. Within sixty days of the date the model procedures are published\non the department's website pursuant to subdivision ten of this section,\neach school shall verify to the commissioner that they have developed\nand implemented procedures that comply with the department's model\nprocedures and the requirements of this section, which shall include,\nbut not be limited to, procedures for reviewing and authorizing requests\nfrom immigration authorities to enter school property or to take custody\nof a student, including designating an individual who is responsible for\nreviewing such requests, and procedures for notifying parents and\npersons in a parental relationship about the rights of and protections\nfor students, parents, and persons in a parental relationship provided\nby this section. Such procedures shall identify the actions the school\nwill take if the school or school personnel become aware that a person\nin a parental relationship to a student will be unavailable to retrieve\nthe student from school or a school function because a person in a\nparental relationship to the student has been detained by immigration\nauthorities or the student is not picked up as scheduled, and such\nstudent is in need of an alternate plan for pickup. Such procedures\nshall include, at a minimum, that the school shall not contact the\nstatewide central register for child abuse and maltreatment unless the\nschool has made reasonable efforts to contact all known individuals\nauthorized to retrieve the student and that the school will retain the\nstudent on the premises until the student is picked up by an individual\nauthorized by the person in a parental relationship to such student or\nby law.\n
N.Y. RPT Law § 1152 — New York Code / Act RPT / Article 11 / Title 4 / Section 1152
Power of tax district to protect liens
Status: in_force

§ 1152. Power of tax district to protect liens. 1. When authorized by\nresolution of the governing body, any enforcing officer may on behalf of\na tax district having a tax lien on any parcel of real property,\nlawfully protect such liens by entering into an agreement pursuant to\nsection eleven hundred fifty of this title with another tax district\nholding liens on such property, or by bidding for and purchasing such\nparcel at any judicial sale of such parcel held pursuant to this\narticle. Any tax district so bidding at a judicial sale shall not be\nrequired to make any deposit, but shall within ten calendar days after\nsuch sale, pay the amount due another tax district or other holder of\ntax lien on such parcel.\n  2. For the purpose of providing the funds so required, any tax\ndistrict, by resolution adopted by its governing body, may specifically\nappropriate any funds generally provided for the purpose in its budget\nof that fiscal year or may appropriate any funds not otherwise\nappropriated or may finance such expenditure pursuant to the local\nfinance law.\n
N.Y. PBA Law § 891 — New York Code / Act PBA / Article 4 / Title 4 / Section 891
State's right to require redemption of bonds
Status: in_force

§ 891. State's right to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the authority to\nredeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than five years after the date of the\nbonds of such issue at one hundred and three per centum of their face\nvalue and accrued interest or at such lower redemption price as may be\nprovided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers published and circulating respectively in the\ncities of Albany and New York at least twice, the first publication to\nbe at least thirty days before the date of redemption.\n
N.Y. PBA Law § 3241 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3241
Agreement with the state
Status: in_force

§ 3241. Agreement with the state. 1. The state does hereby pledge to\nand agree with the holders of any bonds or notes issued under this title\nand with the providers of any bond or note facilities that the state\nwill not limit or alter the rights hereby vested in the corporation to\nfulfill the terms of any agreements made with the said holders or the\nsaid providers, or in any way impair the rights and remedies of such\nholders or providers until such bonds and notes, together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all obligations of the corporation to such providers, and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof such holders or providers, are fully met and discharged. The\ncorporation is authorized to include this pledge and agreement of the\nstate in any agreement with the holders of such bonds or notes or with\nany such providers.\n  2. In order to induce prospective purchasers to purchase bonds and\nnotes of the corporation, the state hereby further pledges and agrees\nwith the holders of bonds and notes of the corporation that, while any\nbonds or notes of the corporation are outstanding, the state will abide\nby and not amend the provisions of section three thousand two hundred\nforty-one-a of this title other than amendments which implement or\nclarify any ambiguity in its terms in ways that do not have a material\nadverse effect on the protections established in such section. The\ncorporation shall include the pledge and agreement set forth herein in\nany agreement with the holders of its bonds and notes.\n
N.Y. VAT Law § 415-A — New York Code / Act VAT / Title 4 / Article 16 / Section 415-A
Vehicle dismantlers and other persons engaged in the transfer or disposal of junk and salvage vehicles
Status: in_force

§ 415-a. Vehicle dismantlers and other persons engaged in the transfer\nor disposal of junk and salvage vehicles. 1. Definition and registration\nof vehicle dismantlers. A vehicle dismantler is any person who is\nengaged in the business of acquiring motor vehicles or trailers for the\npurpose of dismantling the same for parts or reselling such vehicles as\nscrap. No person shall engage in the business of or operate as a vehicle\ndismantler unless there shall have been issued to him a registration in\naccordance with the provisions of this section. A violation of this\nsubdivision shall be a class E felony.\n  1-a. Definition and registration of salvage pools. A salvage pool is\nany person, acting on behalf of the vehicle owner or an insurance\ncompany, who sells, offers for sale or solicits bids for the sale of\njunk or salvage vehicles or major component parts of such vehicles, or\ndisplays or permits the display of such vehicles or parts upon premises\nowned or controlled by him, but who does not dismantle vehicles. No\nperson shall engage in business as a salvage pool unless there shall\nhave been issued to him a registration in accordance with the provisions\nof this section.  A violation of this subdivision shall be a class A\nmisdemeanor.\n  1-b. Definition and registration of mobile car crushers. A mobile car\ncrusher is any person who engages in the business of operating a\ntransportable car crusher, but who does not acquire ownership of the\nvehicles which he crushes. No person shall engage in the business of or\noperate as a mobile car crusher unless there shall have been issued to\nhim a registration in accordance with the provisions of this section. A\nviolation of this subdivision shall be a class A misdemeanor.\n  1-c. Itinerant vehicle collectors. An itinerant vehicle collector is\nany person who is engaged in the business of acquiring non-operable\nvehicles and who sells such vehicles or major component parts thereof to\na vehicle dismantler or scrap processor. No person shall engage in\nbusiness as an itinerant vehicle collector unless there shall have been\nissued to him a registration in accordance with the provisions of this\nsection. A violation of this subdivision shall be a class A misdemeanor.\n  2. Application for registration. An application for registration as a\nvehicle dismantler, salvage pool, mobile car crusher or itinerant\nvehicle collector shall be made to the commissioner on a form prescribed\nby him which shall contain the name and address of the applicant and the\nnames and addresses of all persons having a financial interest in the\nbusiness. Such application shall contain a listing of all felony\nconvictions and all other convictions relating to the illegal sale or\npossession of a motor vehicle or motor vehicle parts, and a listing of\nall arrests for any such violations by the applicant and any other\nperson required to be named in such application. On and after January\nfirst, nineteen hundred ninety-two, such application for or renewal of\nregistration as a vehicle dismantler shall, in addition to the\nforegoing, contain a statement indicating that the applicant has\npurchased approved motor vehicle refrigerant recycling equipment or\nrefrigerant recapturing equipment in accordance with section 38-0107 of\nthe environmental conservation law. Applicants who are vehicle\ndismantlers must submit along with their application either a\nmanufacturer's certificate issued upon purchase or an invoice with proof\nof payment. All such documents shall contain the name and address of the\nrepair shop and manufacturer, the date purchased, and the serial numbers\nof the units acquired. The application shall also contain the business\naddress of the applicant and may contain any other information required\nby the commissioner.\n  3. Fees. The annual fee for registration as a vehicle dismantler,\nsalvage pool, mobile car crusher or itinerant vehicle collector shall be\nfifty dollars. Upon approval of an application, an appropriate\nregistration shall be issued for a period of time determined by the\ncommissioner and if issued for a period of more or less than one year,\nthe fee shall be prorated on a monthly basis. Fees assessed under this\nsection shall be paid to the commissioner for deposit to the general\nfund.\n  4. Requirements for registration. (a) Except as otherwise provided\nherein, no registration shall be issued or renewed unless the applicant\nhas a permanent place of business at which the activity requiring\nregistration is performed which conforms to section one hundred\nthirty-six of the general municipal law as such section applies and to\nall local laws or ordinances and the applicant and all persons having a\nfinancial interest in the business have been determined by the\ncommissioner to be fit persons to engage in such business. However, the\ncommissioner may issue a temporary registration pending final\ninvestigation of an application.\n  (b) The provisions of this subdivision requiring a place of business\nat which the activity requiring registration is performed shall not\napply to a mobile car crusher nor to an itinerant vehicle collector.\nHowever, the mobile car crusher or itinerant vehicle collector must\notherwise comply with all applicable local licensing laws or ordinances.\n  (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the commissioner may issue a registration to an applicant\nfor registration as a vehicle dismantler or salvage pool to a person who\nmay not comply with local laws relating to zoning provided that the\napplicant has engaged in business at that location as a vehicle\ndismantler since September first, nineteen hundred seventy-three.\nHowever, the issuance of such registration shall not be a defense with\nrespect to any action brought with respect to violation of any such\nlocal law.\n  5. Records and identification.  (a) Any records required by this\nsection shall apply only to vehicles or parts of vehicles for which a\ncertificate of title has been issued by the commissioner or which would\nbe eligible to have such a certificate of title issued. Every person\nrequired to be registered pursuant to this section shall maintain a\nrecord of all motor vehicles, trailers, and major component parts\nthereof, coming into his or her possession together with a record of the\ndisposition of any such motor vehicle, trailer or part thereof and the\ndate such motor vehicle, trailer or part thereof is received and shall\nmaintain proof of ownership for any motor vehicle, trailer or major\ncomponent part thereof while in his or her possession. For the purposes\nof this article an inflatable restraint system shall be a major\ncomponent part and a catalytic converter shall be a major component\npart. Such records shall be maintained in a manner and form prescribed\nby the commissioner. The commissioner may, by regulation, exempt\nvehicles or major component parts of vehicles from all or a portion of\nthe record keeping requirements based upon the age of the vehicle if the\ncommissioner deems that such record keeping requirements would not\nfurther the purposes of the motor vehicle theft prevention program\nestablished by section two hundred twenty-three of this chapter. Upon\nrequest of an agent of the commissioner or of any police officer and\nduring his or her regular and usual business hours, a vehicle dismantler\nshall produce such records and permit said agent or police officer to\nexamine them and any vehicles or parts of vehicles which are subject to\nthe record keeping requirements of this section and which are on the\npremises. In addition, the commissioner shall require every vehicle\ndismantler to produce, every sixty days, all records regarding the\nnumber of catalytic converters they took in within such sixty-day period\nsubject to the record keeping requirements of this section. Upon request\nof any agent of the commissioner and during his or her regular and usual\nbusiness hours, a salvage pool, mobile car crusher or itinerant vehicle\ncollector shall produce such records and permit said agent or police\nofficer to examine them and any vehicles or parts of vehicles which are\nsubject to the record keeping requirements of this section and which are\non the premises. The failure to produce such records or to permit such\ninspection on the part of any person required to be registered pursuant\nto this section as required by this paragraph shall be a class A\nmisdemeanor. If a vehicle dismantler has gained money or property by\nfailing to produce records of the number of catalytic converters they\ntake in as required by the commissioner pursuant to this paragraph, the\ncourt may order such defendant to pay an amount, fixed by the court, not\nto exceed double the amount of such defendant's gain from the commission\nof such offense.\n  (b) Every vehicle dismantler and salvage pool shall display at his\nplace of business at least one sign upon which his registration number\nand any other information required by the commissioner is affixed in a\nmanner prescribed by the commissioner and further shall affix his\nregistration number on all advertising, business cards, and vehicles\nused by him in connection with his business. The commissioner is hereby\nempowered to require, by regulation, that vehicle dismantlers and\nsalvage pools mark, stamp or tag major component parts of vehicles in\ntheir possession in a manner prescribed by the commissioner so as to\nenable the part so marked to be identified as having come from a\nparticular vehicle and from a particular vehicle dismantler and salvage\npool. A violation of this paragraph shall be a class A misdemeanor.\n  (c) For the purposes of this article, the term "catalytic converter"\nshall mean a device installed in the exhaust system of an internal\ncombustion engine that utilizes catalytic action to oxidize hydrocarbon\nand carbon monoxide emissions to carbon dioxide and water.\n  5-a. Improper display of signs. (a) The holder of a vehicle dismantler\nor salvage pool registration shall remove or cause to be removed any\nsign which contains the license number of the facility which is visible\nto the public and which is required to be displayed by this article or\nregulations promulgated thereunder if the registration is revoked or\nsuspended or the vehicle dismantler or salvage pool is out of business.\nIf the registration is only suspended, the holder may cover up the sign\ninstead of removing it.\n  (b) No person shall permit the display of any sign required to be\ndisplayed by this article or regulations promulgated thereunder\nindicating to the public that an official vehicle dismantler or salvage\npool is operating unless a dismantler or salvage pool registration has\nbeen issued to that person and is currently valid.\n  6. Suspension, revocation and refusal to renew a registration; civil\npenalty. (a) A registration may be suspended or revoked, or renewal of a\nregistration refused upon a conviction of any provision of the penal law\nrelating to motor vehicle theft, illegal possession of a stolen vehicle\nor illegal possession of stolen motor vehicle parts, or after the\nregistrant has had an opportunity to be heard upon any change of status\nof the registrant which would have resulted in refusal to issue a\nregistration, any false statement in an application for a registration,\nan egregious and willful violation of title twenty-three of article\ntwenty-seven of the environmental conservation law, any violation of\nsubdivision five of this section or regulations promulgated by the\ncommissioner with respect to this section, or any violation of title ten\nof this chapter.\n  (b) Civil penalty. The commissioner, or any person deputized by him,\nin addition to or in lieu of revoking or suspending the registration of\na registrant in accordance with the provisions of this article, may in\nany one proceeding by order require the registrant to pay to the people\nof this state a civil penalty in a sum not exceeding one thousand\ndollars for each violation and upon the failure of such registrant to\npay such penalty within twenty days after the mailing of such order,\npostage prepaid, registered or certified, and addressed to the last\nknown place of business of such registrant, unless such order is stayed\nby an order of a court of competent jurisdiction, the commissioner may\nrevoke the registration of such registrant or may suspend the same for\nsuch period as he may determine. Civil penalties assessed under this\nsubdivision shall be paid to the commissioner for deposit into the state\ntreasury, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner.\n  (c) In addition, as an alternative to such civil action and provided\nthat no proceeding for judicial review shall then be pending and the\ntime for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\nregistrant is located a final order of the commissioner containing the\namount of the penalty assessed. The filing of such final order shall\nhave the full force and effect of a judgment duly docketed in the office\nof such clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record.\n  7. Registration as a dealer and as a vehicle dismantler or salvage\npool.  A person may be registered as a dealer under section four hundred\nfifteen of this chapter as well as a vehicle dismantler or a salvage\npool under this section. However, any such person must obtain a separate\nregistration for each activity and must maintain separate records for\neach activity.\n  8. Vehicle rebuilders. (a) A vehicle rebuilder is any person engaged\nin the business of acquiring damaged vehicles for the purpose of\nrepairing and reselling such vehicles. In order to engage in such\nbusiness, a person must be registered as a vehicle dismantler pursuant\nto this section or as a dealer pursuant to section four hundred fifteen\nof this chapter.\n  (b) A vehicle rebuilder shall maintain a record of all vehicles or\nmajor component parts thereof coming into his possession for the purpose\nof rebuilding and all major component parts used in connection with such\nrebuilding in a manner prescribed by the commissioner. Upon request of\nan agent of the commissioner or any police officer during his regular\nand usual business hours, a vehicle rebuilder shall produce such records\nand permit said agent or police officer to examine them and any vehicles\nor parts of vehicles which are subject to the record keeping\nrequirements of this section and which are on the premises. The failure\nto produce such records or to permit such records or to permit such\ninspection as required by this paragraph shall be a class A misdemeanor.\n  9. Scrap processor. (a) A scrap processor is any person required to be\nlicensed under article six-C of the general business law who purchases\nmaterial which is or may have been a vehicle or vehicle part for\nprocessing into a form other than a vehicle or vehicle part, but who,\nexcept as otherwise provided by regulation of the commissioner, does not\nsell any such material as a motor vehicle, a trailer or a major\ncomponent part thereof. No person shall engage in business or operate as\na scrap processor as defined in this paragraph unless he has given\nnotice to the commissioner that he is a scrap processor and that he has\ncomplied with article six-C of the general business law, and he has been\ncertified by the commissioner as a scrap processor. A violation of this\nparagraph shall be a class A misdemeanor.\n  (b) A scrap processor shall maintain a record of vehicles and a record\nof major component parts by weight coming into his possession thereof in\na manner prescribed by the commissioner. This paragraph shall not apply\nto any major component part included in a mixed load. Upon request of an\nagent of the commissioner or any police officer or during his regular\nand usual business hours, a scrap processor shall produce such records\nand permit such agent or police officer to inspect them and to inspect\nany vehicles or major component parts of vehicles at the time of the\ndelivery of such vehicles or parts to him. The failure to produce such\nrecords or to permit such inspection as required by this paragraph shall\nbe a class A misdemeanor.\n  10. Scrap collectors and repair shops. (a) A scrap collector is any\nperson, other than a governmental agency, whose primary business is the\ncollection of miscellaneous scrap for disposal, who may as an incident\nof such business collect vehicular parts as scrap. No person shall\nengage in the business or operate as a scrap collector as defined in\nthis paragraph unless he has given notice to the commissioner that he is\na scrap collector and has been certified as a scrap collector by the\ncommissioner. A violation of this provision shall be a class A\nmisdemeanor. No person shall be certified as a scrap collector eligible\nto do business within a city having a population of one million or more,\nor any county contiguous to such city, unless such person complies with\nall local requirements applicable to such business.\n  (b) If required by regulation of the commissioner, a scrap collector\nshall keep records of his acquisition and disposition of vehicular scrap\nin a manner prescribed by the commissioner. Upon request of an agent of\nthe commissioner or any police officer, a scrap collector shall produce\nsuch records as may be required to be kept and permit said agent or\npolice officer to inspect them during usual business hours or while\nbusiness is being conducted. The failure to produce such records as\nrequired by this paragraph shall be a class A misdemeanor.\n  (c) A repair shop registered pursuant to article twelve-A of this\nchapter which disposes of vehicular scrap to a certified scrap processor\nshall apply to the commissioner for certification to carry out this\ndisposal. The repair shop shall include in the application for\ncertification the names and addresses of those scrap processors with\nwhom it arranges for the disposal of its scrap. Thereafter the repair\nshop shall give notice to the commissioner within thirty days of any\nchange in the scrap processors with whom it deals. The failure to comply\nwith this paragraph or to make fraudulent statements regarding the scrap\nprocessors with which a repair shop arranges for the disposal of\nvehicular scrap shall be a class A misdemeanor.\n  11. Out-of-state businesses. A person doing business in this state who\ndoes not have a place of business in this state, but has a place of\nbusiness or engages in such business in another state or province of\nCanada and who would be required to be registered or certified pursuant\nto this section if it were in this state, shall apply to the\ncommissioner for an identification number in a manner prescribed by the\ncommissioner. Such identification number shall be issued provided that\nsuch person complies with all the laws and regulations of the\njurisdiction in which he has his principal place of business or engages\nin such business applicable to such business.\n  12. Identification of certified persons. (a) Every person who is\ncertified or who has been issued an identification number by the\ncommissioner shall display such certification or identification number\nupon any vehicle used by him for the business of transporting vehicles\nor parts of vehicles, in accordance with regulations prescribed by the\ncommissioner.\n  (b) It shall be a class A misdemeanor for any person required to be\nregistered or certified pursuant to the provisions of this section to\ntransport a vehicle or major component parts out of New York state\nwithout having and displaying his registration or certification number\nas provided for in this section.\n  13. Suspension or revocation of identification number or\ncertification.  An identification number and/or certification issued\npursuant to subdivision eight, nine, ten or eleven of this section may\nbe suspended or revoked upon conviction of any provision of the penal\nlaw relating to motor vehicle theft, illegal possession of a stolen\nvehicle or illegal possession of stolen motor vehicle parts. The\ncommissioner may also revoke or suspend registration or certification,\nafter an appropriate hearing where the holder of the registration or\ncertification has had an opportunity to be heard, upon a finding of: (a)\nthat there has been a change to the holder's status which would have\nresulted in a refusal to issue in the first instance, or (b) that the\nissuance was based upon a false statement by the holder, or (c) that\nthere was a violation of the record keeping requirements, or (d) that\nthere was a violation of the regulations promulgated by the commissioner\npursuant to this section, or (e) that there was a violation of title X\nof this chapter.\n  14. Restrictions on scrap processors. A certified scrap processor\nshall not purchase any material which may have been a vehicle or a major\ncomponent part of a vehicle, if recognizable as such, from any person\nother than a dealer registered pursuant to section four hundred fifteen\nof this chapter, an insurance company, a governmental agency, a person\nin whose name a certificate of title or other ownership document has\nbeen issued for such vehicle or a person registered or certified or\nissued an identification number pursuant to this section. A violation of\nthis subdivision shall be a class A misdemeanor.\n  15. Regulations. The commissioner shall prescribe such rules and\nregulations as he shall deem necessary to carry out the provisions of\nthis section.\n
N.Y. ELN Law § 5-404 — New York Code / Act ELN / Article 5 / Title 4 / Section 5-404
Cancellation of registration; cancellation of record
Status: in_force

§ 5-404. Cancellation of registration; cancellation of record. 1. The\nboard of elections shall cancel a registration by marking the word\n"Cancelled" on the face of each of the voter's registration poll\nrecords, without obliterating any of the entries thereon, and shall\nenter the reasons for such cancellation on the face of such registration\nrecord or, if the board uses computer generated registration lists,\nentering such reasons in the computer records.  If requested by any\nmember of the board, the cancellation of registration of any voter, or\ngroup of voters, must be approved by two such board members or two\nemployees of the board representing different political parties. Such\nmembers or employees shall place their initials or other identifying\ninformation on the registration poll record of such voter, or on a\ncomputer generated list of such cancellations. Such lists shall be\npreserved in the same manner, and for the same time, as such\nregistration poll records.\n  2. The board shall supply a list of registration cancellations and\nreinstatements to the county chairman of any political party requesting\nsame.\n
N.Y. SOS Law § 409-F — New York Code / Act SOS / Article 6 / Title 4-A / Section 409-F
Uniform case recording
Status: in_force

§ 409-f. Uniform case recording.  1. With respect to each child\ndescribed in subdivision one of section four hundred nine-e of this\ntitle, the social services district shall establish and maintain a\nuniform case record, consisting of the assessment, the family service\nplan, descriptions of care, maintenance or services provided to such\nchild and family and the dates provided, essential data relating to the\nidentification and history of such child and family, all official\ndocuments and records of any judicial or administrative proceedings\nrelating to the district's contact with the child and family, and such\nother records as the department may by regulation require to adequately\nreview case management by the districts. The department shall by\nregulation specify the format and contents of the uniform case record.\nSuch regulation shall be developed in consultation with public and\nvoluntary authorized agencies, citizens' groups and concerned\nindividuals and organizations, including the state council on children\nand families. The uniform case record shall be maintained by the\ndistrict in a manner consistent with the confidential nature of such\nrecords and shall be made available in accordance with applicable\nprovisions of law. When a hearing has been requested in accordance with\nsection twenty-two of this chapter, a copy of the portions of the record\nrelevant to the hearing shall also be made available to the child's\nparent or guardian, counsel for the parent or guardian, and, if\nparticipating in the hearing, the child's attorney.\n  2. Notwithstanding any other provision of law, uniform case record\ninformation governed by this section may be released by the department,\nsocial services district or other provider of child welfare services to\na person, agency or organization for purposes of a bona fide research\nproject. Identifying information shall not be made available, however,\nunless it is absolutely essential to the research purpose and the\ndepartment gives prior approval. Information released pursuant to this\nsubdivision shall not be re-disclosed except as otherwise permitted by\nlaw and upon the approval of the department.\n  3. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, records relating to children pursuant to this section shall be\nmade available to officers and employees of the state comptroller or of\nthe city comptroller of the city of New York, or of the county officer\ndesignated bylaw or charter to perform the auditing function in any\ncounty not wholly contained within a city, for purposes of a duly\nauthorized performance audit; provided, however, that such comptroller\nor officer shall have certified to the keeper of such records that he or\nshe has instituted procedures developed in consultation with the\ndepartment to limit access to client-identifiable information to persons\nrequiring such information for purposes of the audit, that such persons\nshall not use such information in any way except for purposes of the\naudit and that appropriate controls and prohibitions are imposed on the\ndissemination of client-identifiable information obtained in the conduct\nof the audit. Information pertaining to the substance or content of any\npsychological, psychiatric, therapeutic, clinical or medical reports,\nevaluations or like materials or information pertaining to such child or\nthe child's family shall not be made available to such officers and\nemployees unless disclosure of such information is absolutely essential\nto the specific audit activity and the department gives prior written\napproval.\n  (b) Any failure to maintain the confidentiality of client-identifiable\ninformation shall subject such comptroller or officer to denial of any\nfurther access to records until such time as the audit agency has\nreviewed its procedures concerning controls and prohibitions imposed on\nthe dissemination of such information and has taken all reasonable and\nappropriate steps to eliminate such lapses in maintaining\nconfidentiality to the satisfaction of the department. The department\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency. Except as provided in this section,\nnothing in this subdivision shall be construed as limiting the powers of\nsuch comptroller or officer to access records which he is otherwise\nauthorized to audit or obtain under any other applicable provision of\nlaw. Any person given access to information pursuant to this subdivision\nwho releases data or information to persons or agencies not authorized\nto receive such information shall be guilty of a class A misdemeanor.\n