N.Y. RPT Law § 1136 — New York Code / Act RPT / Article 11 / Title 3 / Section 1136
Final judgment
Status: in_force

§ 1136. Final judgment. 1. Generally. The court shall have full power\nto determine and enforce in all respects the priorities, rights, claims\nand demands of the several parties to the proceeding, as the same exist\naccording to law, including the priorities, rights, claims and demands\nof the respondents as between themselves. The court shall further\ndetermine upon proof and shall make findings upon such proof whether\nthere has been due compliance by the tax district with the provisions of\nthis article.\n  2. When an answer has been interposed. (a) When an answer has been\ninterposed by a party other than a tax district as to any parcel of real\nproperty included in the petition described in section eleven hundred\ntwenty-three of this chapter and the court determines that the answer is\nmeritorious, the court shall dismiss the petition of foreclosure, with\nor without prejudice, as to the affected parcel or parcels, unless an\nagreement is executed pursuant to subdivision two of section eleven\nhundred fifty of this article. If the court determines that the answer\nis not meritorious, the court shall make a final judgment awarding to\nsuch tax district the possession of the affected parcel or parcels in\nthe same manner as provided by subdivision three of this section.\n  (b) When an answer has been interposed by another tax district as to\nany parcel and the court shall determine that such other tax district\nhas an interest in such parcel, then and in that event the tax districts\nhaving an interest in such parcel may by agreement between themselves\npursuant to subdivision one of section eleven hundred fifty of this\narticle provide (i) for a conveyance without sale of any such parcel to\none of such tax districts free and clear of any right, title or interest\nin or lien upon such parcel or such other tax district or districts or\n(ii) for a conveyance without sale of any such parcel to one of such tax\ndistricts subject to any right, title or interest in or lien upon such\nparcel of such other tax district or districts. In either of such\nevents, the court shall in its judgment expressly dispense with the sale\nand direct the making and execution of a conveyance by the enforcing\nofficer in accordance with such agreement. In the absence of such an\nagreement, the court shall make a final judgment directing the sale of\nsuch parcel.\n  (c) Any sale directed by the court pursuant to this subdivision shall\nbe at public auction by the enforcing officer. Public notice thereof\nshall be given once a week for at least three successive weeks in a\nnewspaper published in the tax district, if any, or if none, in a\nnewspaper published in the county in which such tax district is\nsituated. The enforcing officer shall receive no additional fee or\ncompensation for such service. The description of the parcel offered for\nsale in such notice shall be that contained in the petition with such\nother description, if any, as the court may direct.\n  (d) In directing any conveyance pursuant to this subdivision, the\njudgment shall direct the enforcing officer of the tax district to\nprepare and execute a deed conveying title to the parcel or parcels of\nreal property concerned. Such title shall be full and complete in the\nabsence of an agreement between tax districts as herein provided that it\nshall be subject to the tax liens of one or more tax districts. Upon the\nexecution of such deed, the grantee shall be seized of an estate in fee\nsimple absolute in such parcel unless the conveyance is expressly made\nsubject to tax liens of a tax district as herein provided, and all\npersons, including the state, infants, incompetents, absentees and\nnon-residents, who may have had any right, title, interest, claim, lien\nor equity of redemption in or upon such parcel, shall be barred and\nforever foreclosed of all such right, title, interest, claim, lien or\nequity of redemption. Nothing contained herein shall be construed to\npreclude any such person from filing a claim pursuant to section eleven\nhundred thirty-five or title six of this article for a share of any\nsurplus that may be attributable to the sale of such parcel.\n  3. When no answer has been interposed. (a) The court shall make a\nfinal judgment awarding to such tax district the possession of any\nparcel of real property described in the petition of foreclosure not\nredeemed as provided in this title and as to which no answer is\ninterposed as provided herein. In addition thereto such judgment shall\ncontain a direction to the enforcing officer of the tax district to\nprepare, execute and cause to be recorded a deed conveying to such tax\ndistrict full and complete title to such parcel.\n  (b) Alternatively, at the request of the enforcing officer, the court\nmay make a final judgment authorizing the enforcing officer to prepare,\nexecute and cause to be recorded a deed conveying full and complete\ntitle to such parcel directly to a party other than the tax district,\nwithout the tax district taking title thereto.\n  (c) Upon the execution of such deed, the tax district, or the grantee\nas the case may be, shall be seized of an estate in fee simple absolute\nin such parcel and all persons, including the state, infants,\nincompetents, absentees and non-residents who may have had any right,\ntitle, interest, claim, lien or equity of redemption in or upon such\nparcel shall be barred and forever foreclosed of all such right, title,\ninterest, claim, lien or equity of redemption. Nothing contained herein\nshall be construed to preclude any such person from filing a claim\npursuant to section eleven hundred thirty-five or title six of this\narticle for a share of any surplus that may be attributable to the sale\nof such parcel.\n  4. (a) Notwithstanding any other provision of law to the contrary,\nwhen a parcel is subject to a judgment of foreclosure issued pursuant to\nthis section but has not yet been conveyed to a third party, the tax\ndistrict may, at its discretion, convey title to the parcel back to the\nformer owner or owners, or to the successor or successors in interest if\nany, upon payment of the taxes, penalties, interest and other lawful\ncharges owed to the tax district, subject to the provisions of paragraph\n(b) of this subdivision.\n  (b) If immediately prior to the issuance of the judgment of\nforeclosure, any other person had any right, title, interest, claim,\nlien or equity of redemption in or upon such parcel, the deed conveying\nthe parcel back to the former owner or owners, or to their successor or\nsuccessors in interest, shall state that the conveyance shall become\nsubject to the right, title, interest, claim, lien or equity of\nredemption of any other person that had been extinguished by the\njudgment of foreclosure, once such right, title, interest, claim, lien\nor equity of redemption has been reinstated nunc pro tunc pursuant to\nthe provisions of this paragraph. Upon the execution of such deed, the\ntax district shall cause a copy thereof to be filed with the court,\nwhich shall direct the reinstatement of any such right, title, interest,\nclaim, lien or equity of redemption in such parcel nunc pro tunc.\n
N.Y. VAT Law § 370 — New York Code / Act VAT / Title 3 / Article 8 / Section 370
Indemnity bonds or insurance policies; notice of accident
Status: in_force

§ 370. Indemnity bonds or insurance policies; notice of accident. 1.\nEvery person, firm, association or corporation engaged in the business\nof carrying or transporting passengers for hire in any motor vehicle or\nmotorcycle, except street cars, and motor vehicles or motorcycles owned\nand operated by a municipality, and except as otherwise provided in this\nsection, which shall be operated over, upon or along any public street\nor highway of the state of New York shall file with the commissioner of\nmotor vehicles for each motor vehicle or motorcycle intended to be so\noperated evidence, in such form as the commissioner may prescribe, of a\ncorporate surety bond or a policy of insurance: (a) approved as to form\nby the superintendent of financial services in a company authorized to\ndo business in the state, approved by the superintendent as to solvency\nand responsibility; or (b) where a vehicle is registered by a\nnot-for-profit organization that is tax-exempt under section 501(c)(3)\nof the federal internal revenue code, a risk retention group not\nchartered in this state but which is registered with the superintendent\nof financial services under the federal liability risk retention act of\n1986, comprised entirely of organizations that are tax-exempt under\nsection 501(c)(3) of the federal internal revenue code and where the\nrisk retention group qualifies as a charitable risk pool under section\n501(n) of the federal internal revenue code, provided that the vehicle\nbeing registered does not have a seating capacity of more than fifteen\npassengers, is not a limousine or luxury limousine, and where such\nvehicles are not solely for personal use by a director, officer,\nauthorized person, or key person, their relatives or related parties.\nSuch surety bond or policy of insurance shall be conditioned for the\npayment of a minimum sum, hereinafter called minimum liability, on a\njudgment or judgments for damages, including damages for care and loss\nof services, because of bodily injury to, or death of any one person in\nany one accident, and subject to such minimum liability a maximum sum,\nhereinafter called maximum liability on a judgment or judgments for\ndamages, including damages for care and loss of services because of\nbodily injury to, or death of two or more persons in any one accident\nand for the payment of a minimum sum, called minimum liability on all\njudgments for damages because of injury to or destruction of property of\nothers in any one accident, recovered against such person, firm,\nassociation or corporation upon claims arising out of the same\ntransaction or transactions connected with the same subject of action,\nto be apportioned ratably among the judgment creditors according to the\namount of their respective judgments for damage or injury caused in the\noperation, maintenance, use or the defective construction of such motor\nvehicle or motorcycle as follows:\n  For damages for and incident to death or injuries to persons and\ninjury to or destruction of property: For each motorcycle and for each\nmotor vehicle engaged in the business of carrying or transporting\npassengers for hire, having a seating capacity of not more than seven\npassengers, a bond or insurance policy with a minimum liability of\ntwenty-five thousand dollars and a maximum liability of fifty thousand\ndollars for bodily injury, and a minimum liability of fifty thousand\ndollars and a maximum liability of one hundred thousand dollars for\ndeath and a minimum liability of ten thousand dollars for injury to or\ndestruction of property; for each motor vehicle engaged in the business\nof carrying or transporting passengers for hire, having a seating\ncapacity of not less than eight passengers, a bond or insurance policy\nwith a combined single limit of at least one million five hundred\nthousand dollars for bodily injury or death to one or more persons, and\nbecause of injury to or destruction of property in any one accident;\nprovided, further that for commuter vans that are engaged in the\nbusiness of carrying or transporting passengers for hire, having a\nseating capacity of not less than eight passengers, a bond or insurance\npolicy with a combined single limit of at least five hundred thousand\ndollars for bodily injury or death to one or more persons, and because\nof injury to or destruction of property in any one accident. For the\npurposes of this paragraph, the term "commuter van" shall have the same\nmeaning as such term is defined in section 19-502 of the administrative\ncode of the city of New York.\n  Such bond or policy of insurance shall contain a provision for a\ncontinuing liability thereunder, notwithstanding any recovery thereon.\nAny such bond or policy of insurance shall also contain a provision that\nsuch bond or policy of insurance shall inure to the benefit of any\nperson legally operating the motor vehicle or motorcycle in the business\nof the owner and with his permission, in the same manner and under the\nsame conditions and to the same extent as to the owner. If at any time,\nin the judgment of the commissioner, such bond or policy is not\nsufficient for any cause the commissioner may require the owner of such\nmotor vehicle or motorcycle to replace such bond or policy with another\napproved by the commissioner. A corporate surety or an insurance company\nevidence of whose bond or policy has been so filed, must file a notice\nin the office of the commissioner that upon the expiration of twenty\ndays from such filing such surety will cease to be liable upon such\nbond, or in the case of such insurance company, that upon the expiration\nof such time such policy will be cancelled; provided, however, that\nwhere the owner of such motor vehicle or motorcycle has replaced\ncoverage with another insurer, the expiration date shall be the date the\nnew coverage has commenced; further provided that where such owner has\nhad a total loss, the expiration date shall be the earlier of twenty\ndays or when the plates have been turned in to the commissioner. The\ncommissioner shall thereupon notify the owner of such motor vehicle or\nmotorcycle of the filing of such notice, and unless such owner shall\nfile a new bond or evidence of new bond or policy, as provided by this\nsection, on or before such date as shall be specified by the\ncommissioner, or shall place the number plates belonging to the motor\nvehicle or motorcycle in the custody of the commissioner or his agent\nwithin such time, to remain in such custody until a new bond or evidence\nof a new bond or policy is filed, the registration of such motor vehicle\nor motorcycle shall be revoked as of the date specified in said notice\nof the commissioner and no new registration shall be issued for a period\nof thirty days. Forthwith after his registration has been so revoked\nsuch owner shall return the number plates issued for such vehicle to the\ncommissioner. The provisions of subdivision seven of section five\nhundred ten of this chapter shall apply to such revocations.\n  Notwithstanding any contrary provision of this chapter, any such bond,\nor policy of insurance shall also provide for uninsured motorists\ncoverage in the minimal amount and in the form provided for in\nsubsection (f) of section three thousand four hundred twenty of the\ninsurance law.\n  Nothing in this subdivision shall be construed to prevent compliance\ntherewith by filing a combination of bonds or policies or of a bond and\npolicy or evidence thereof if the commissioner approves and the\nrequirements of this subdivision are otherwise met.\n  (c) As a condition to filing evidence of a corporate surety bond, the\nregistrant shall pay annually in addition to any other fee prescribed by\nthis chapter, a fee of one dollar and fifty cents for each motor vehicle\nregistered in his name and the aggregate amount of such fees shall be\napplied in the reduction of the assessment levied pursuant to section\nthree hundred seventeen of this chapter.\n  (d) As used in this section, a judgment or judgment for damages shall\ninclude a final arbitration award and any unpaid fees due to the\narbitration forum established pursuant to section five thousand one\nhundred six of the insurance law.\n  1-a. Every person, firm, association or corporation engaged in\ncarrying or transporting sick or injured persons in any hearse,\ncombination hearse or ambulance operated over, upon or along a public\nstreet or highway within a town having a population of less than two\nthousand inhabitants, shall secure either a corporate surety bond or\npolicy of insurance executed by a surety or insurance company authorized\nto do business in this state, containing like conditions to secure the\npayment of damages as is required to be provided for motor vehicles\noperated for the transportation of passengers for hire; provided,\nhowever, that any bond or policy of insurance so secured, may contain\nthe condition that it shall secure the payment of damages only during\nthe time or times such hearse or combination hearse or ambulance is used\nor operated for the transportation of sick or injured persons and shall\nnot be operative or effective during any other time or times or for the\npayment of damages incurred while being operated for any other purpose.\nA bond or policy of insurance executed pursuant to the provisions of\nthis subdivision need not be approved or filed notwithstanding any\ninconsistent provision of this section.\n  2. Any person, firm, association or corporation operating a motor\nvehicle or motorcycle as to which a bond or policy of insurance is\nrequired by this section who or which shall operate such vehicle, or\ncause the same to be operated, while such a bond or policy, or evidence\nthereof as required by this section, is not on file with the\ncommissioner, and in full force and effect shall be guilty of a\nmisdemeanor.\n  3. A person, firm, association or corporation engaged in the business\nof renting or leasing rental vehicles to be operated upon the public\nhighways for carrying passengers shall be subject to the provisions of\nthis section in the same manner and to the same extent as if such\nperson, firm, association or corporation were actually engaged in the\nbusiness of carrying or transporting passengers for hire.\n  Notwithstanding the provisions of subdivision one of this section, a\nperson, firm, association or corporation engaged in the business of\nrenting or leasing motor vehicles, having registered in this state more\nthan twenty-five motor vehicles subject to the provisions of this\nsection and who qualifies as hereinafter provided, may file a\ncertificate of self-insurance. The commissioner of motor vehicles in his\ndiscretion may, upon the application of such a person, firm, association\nor corporation issue a certificate of self-insurance when he is\nreasonably satisfied that such person is possessed and will continue to\nbe possessed of financial ability to respond to judgments obtained\nagainst such person, arising out of the ownership, maintenance, use or\noperation of any such person's motor vehicle. Upon due notice and\nhearing, the commissioner may, in his discretion and upon reasonable\ngrounds, cancel a certificate of self-insurance.\n  As a condition to the issuance of a certificate of self-insurance\nunder this subdivision the registrant shall pay annually in addition to\nany other fee prescribed by this chapter, a fee of one dollar and fifty\ncents for each motor vehicle registered in his name and the aggregate\namount of such fees shall be applied in reduction of the assessment\nlevied pursuant to section three hundred seventeen.\n  As a further condition to the issuance of a certificate of\nself-insurance, the registrant shall pay annually in addition to any\nother fee prescribed by this chapter, an amount per vehicle to be\ndetermined by the Motor Vehicle Accident Indemnification Corporation\npursuant to section five thousand two hundred seven of the insurance law\nand the aggregate amount of such fees shall be transmitted by the\ncommissioner to the Motor Vehicle Accident Indemnification Corporation\ncontinued pursuant to section five thousand two hundred three of the\ninsurance law to be applied in reduction of assessments levied by said\ncorporation pursuant to section five thousand two hundred seven of the\ninsurance law.\n  4. Every person operating a motor vehicle or motorcycle as to which a\nbond or policy of insurance is required by this section, which is in any\nmanner involved in an accident, shall within five days give written\nnotice of the time and place of the accident to the surety or insurer.\nFailure to give notice of an accident as herein provided shall\nconstitute a misdemeanor, but shall not affect the liability of the\nsurety or insurer.\n  5. If a vehicle subject to the provisions of this section or section\nthree hundred seventy-one of this chapter shall be operated on a public\nhighway without having the minimum corporate surety bond or policy of\nliability insurance, unless the owner shall have filed an approved\ncertificate of insurance therefor, the driver's license, privileges and\nregistration certificate or privilege of operation within this state of\nthe owner and operator shall be subject to revocation and suspension as\nprovided in articles six and seven of this chapter, in the same manner\nas if such vehicle were a private passenger vehicle, not used to carry\npersons for hire or profit.\n  6. Notwithstanding any other provision of law, the commissioner, may,\nby regulation, in addition to, or in lieu of any requirements relating\nto notice of insurance required by this section, extend all or part of\nthe provisions of article six of this chapter concerning insurance\nidentification cards to vehicles subject to the provisions of this\nsection. Furthermore, the commissioner may exempt by such regulations\nany type or types of vehicles subject to the provisions of this section\nwhere he deems the application of the provisions of such regulations to\nbe inappropriate. If the commissioner promulgates any such regulations,\nthe failure to produce an insurance identification card when requested\nby any peace officer, acting pursuant to his special duties, police\nofficer or magistrate shall be presumptive evidence of a violation of\nsubdivision two of this section. In addition, any such regulations may\nrequire that the insurance identification card be placed in plain view\nof any for-hire passengers carried in such vehicle.\n  7. Nothing contained in this section shall prohibit any person, firm,\nassociation or corporation subject to this section from purchasing\nliability insurance coverage in excess of the maximum liability set\nforth in subdivision one of this section.\n  8. Notwithstanding any other provision of this article, an individual\nshall not be deemed to be engaged in the business of carrying or\ntransporting passengers for hire if the individual does so solely as a\ntransportation network company driver in accordance with article\nforty-four-B of this chapter.\n
N.Y. RPT Law § 1120 — New York Code / Act RPT / Article 11 / Title 3 / Section 1120
Foreclosure by proceeding in rem
Status: in_force

§ 1120. Foreclosure by proceeding in rem. 1.  A proceeding to\nforeclose a tax lien shall be commenced in the manner provided in this\ntitle.\n  2. The supreme court and the county court shall have concurrent\njurisdiction over such proceedings.\n
N.Y. LAB Law § 278 — New York Code / Act LAB / Article 11 / Title 3 / Section 278
Limitation of number of occupants
Status: in_force

§ 278. Limitation of number of occupants. The number of persons who\nmay be employed in a factory building or portion thereof shall be\nlimited to such number as can safely escape from the building by the\nexits provided in the building and shall not exceed the following:\n  1. In a building erected after October first, nineteen hundred and\nthirteen, fourteen persons for every full twenty-two inches in width of\nstairway provided for such floor and conforming to the requirements for\nrequired exits, except as to extension to the roof.  No allowance shall\nbe made for any excess in width of less than twenty-two inches.\n  2. In a building erected before October first, nineteen hundred\nthirteen, fourteen persons for every eighteen inches in width of\nstairway provided for such floor and conforming to the requirements for\nrequired exits except as to extension to the roof. For any excess in\nwidth of less than eighteen inches, a proportionate increase in the\nnumber of occupants shall be allowed. If a stairway has winders a\ndeduction of ten per centum shall be made in computing the capacity of\nsuch stairway.\n  3. On any floor which is more than ten feet from the one immediately\nbeneath, the number "fourteen" allowed in subdivisions one and two may\nbe increased respectively by one person for every sixteen inches over\nten feet between the two floors provided such stairways conform to the\nrequirements for required exits except as to extension to the roof.\n  4. In addition to the number of persons allowed in subdivisions one,\ntwo and three, so many persons may be employed on any floor as can\noccupy the stair halls, allowing five square feet of unobstructed floor\nspace per person where the stairways and stair halls are enclosed by\npartitions as required by sections two hundred and seventy and two\nhundred and seventy-one.\n  5. The number of persons permitted to be employed on any floor under\nsubdivisions one, two, three and four may be increased one hundred per\ncentum where there is maintained throughout the building an automatic\nsprinkler system conforming to the requirements of section two hundred\neighty and to the rules of the board and where, if required by\nsubdivisions one and two of section two hundred seventy-nine, a fire\nalarm signal system is maintained and fire drills are conducted.\n  6. On any floor at which a horizontal exit is provided so many persons\nmay be employed as can occupy the smaller of the spaces on either side\nof the fireproof partitions or fire walls, or as can occupy the floor of\nan adjacent building which is connected with such floor by openings in\nthe wall or walls between the buildings or by exterior balconies or\nbridges in addition to the occupants of such connected floor in such\nadjacent building, allowing five square feet of unobstructed floor space\nper person. Openings constituting required exit doorways, or if such\nexits are balconies or bridges, the openings leading thereto shall be of\nsufficient aggregate width to allow eighteen inches in width of openings\nfor each fifty persons or fraction thereof employed on such floor in the\ncase of factory buildings erected before October first, nineteen hundred\nand thirteen, and twenty-two inches in the case of factory buildings\nerected after that date.\n  7. Where a floor is occupied by more than one tenant, the commission\nmay prescribe how many of the persons allowed to occupy such floor under\nthe provisions of this section may occupy the space of each tenant.\n  8. In every factory building the commissioner shall cause to be posted\nin a conspicuous place in every stairhall and workroom, notices\nspecifying the number of persons that may occupy each floor thereof in\naccordance with the provisions of this section. If any floor is occupied\nby more than one tenant, such notices shall be posted in the space\noccupied by each tenant, and shall state the number of persons that may\noccupy such space. Every such notice shall bear the date when posted.\n
N.Y. ENV Law § 19-0320 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0320
Emissions inspections of heavy duty vehicles
Status: in_force

§ 19-0320. Emissions inspections of heavy duty vehicles.\n  1. When used in this section:\n  a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and\nhaving a gross vehicle weight of greater than eight thousand five\nhundred pounds, except that those vehicles defined in sections one\nhundred one, subparagraph two of paragraph E and subparagraph (a) of\nparagraph F of subdivision seven of section four hundred one of the\nvehicle and traffic law, and vehicles specified in subdivision thirteen\nof section four hundred one of the vehicle and traffic law, and farm\ntype tractors and all terrain type vehicles used exclusively for\nagricultural or mowing purposes, or for snow plowing, other than for\nhire, farm equipment, including self-propelled machines used exclusively\nin growing, harvesting or handling farm produce, and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, and timber harvesting equipment such as harvesters, wood\nchippers, forwarders, log skidders, and other processing equipment used\nexclusively off highway for timber harvesting and logging purposes,\nshall not be deemed heavy duty vehicles for purposes of this section.\n  b. "Roadside program" means a roadside examination program conducted\npursuant to the heavy duty vehicle emissions reduction act for the\ninspection of emissions and emission control equipment, at any public or\nquasi-public location as designated by the commissioner of\ntransportation with the concurrence of the department and, where\nappropriate, the New York state thruway authority.\n  c. "Annual inspection program" means a program in which heavy duty\nvehicles registered or required to be registered in counties in the\nstate designated as being in serious, severe or extreme non-attainment\nof the National Ambient Air Quality Standard for ozone pursuant to the\n1990 amendments of the federal Clean Air Act (42 U.S.C. 7511) are\nannually inspected in accordance with this article.\n  2. The department, jointly with the departments of motor vehicles and\ntransportation, shall develop a program for the inspection of emissions\nfrom heavy duty vehicles. Such inspection program shall consist of an\nannual inspection program and a roadside program. The annual inspection\nprogram developed in accordance with this section shall be limited to\nheavy duty vehicles registered or required to be registered in counties\nin the state designated as being in serious, severe or extreme\nnon-attainment of the National Ambient Air Quality Standard for ozone\npursuant to the 1990 amendments of the federal Clean Air Act (42 U.S.C.\n7511). Under no circumstances shall such program require heavy duty\nvehicles to meet emission standards more stringent than the new vehicle\nemission standards to which such vehicles were certified pursuant to the\nfederal Clean Air Act. The department shall, with the department of\ntransportation and, where appropriate, the New York state thruway\nauthority, jointly develop criteria for roadside program site selection\nand procedures for the control of traffic and operation of such sites.\n  3. The department, jointly with the departments of motor vehicles and\ntransportation, shall adopt rules and regulations establishing test\nstandards, method, and equipment for the period of effectiveness of this\nsection. The department shall adopt such rules and regulations and\nimplement such program by June first, nineteen hundred ninety-nine. The\ndepartment shall consider establishing a hardship waiver based on an\nevaluation of fleet size and cost of effective repair, and shall\nconsider exempting from the roadside inspection vehicles that\nsuccessfully pass an annual inspection as approved by the commissioner.\n  4. Notwithstanding the provisions of title twenty-one of article\nseventy-one of this chapter, operation of a heavy duty vehicle which,\nwhen tested, exceeds emission levels set forth in regulations\npromulgated pursuant to this section shall be a violation, and the\nfollowing penalties shall apply to any violation found as a result of\nroadside emissions inspections:\n  a. First violation:                    $ 700.00\n     Second and subsequent violations:   $1300.00.\n  b. The penalties set forth in paragraph a of this subdivision shall be\nreduced to one hundred fifty dollars for the first violation and five\nhundred dollars for the second and subsequent violations by the court or\nadministrative tribunal before which the summons or appearance ticket is\nreturnable if the violation set forth in the summons or appearance\nticket is corrected not later than thirty days after the issuance of the\nsummons or appearance ticket and proof of such correction, as defined in\nparagraph c of this subdivision, is submitted to the court or\nadministrative tribunal. The penalties described in this section shall\nnot apply to vehicles defined by section one hundred forty-two of the\nvehicle and traffic law or owned by a county, town, city, or village for\na first violation provided the vehicle is repaired within thirty days of\nticket issuance.\n  c. Acceptable proof of repair or adjustment shall be submitted to the\ncourt or administrative tribunal on or before the return date of the\nsummons or appearance ticket in a form and manner prescribed by\nregulations adopted pursuant to this section.\n  5. Notwithstanding the provisions of title twenty-one of article\nseventy-one of this chapter, operation of any heavy duty vehicle\nregistered or required to be registered in this state without a\ncertificate of inspection resulting from an annual inspection as\nrequired by regulations adopted pursuant to this section shall be a\nviolation, and the following violation structure shall apply to such\nviolations:\n  a. First violation:                    $ 700.00\n     Second and subsequent violations:   $1300.00.\n  b. The penalties defined in paragraph a of this subdivision shall be\nreduced to three hundred fifty dollars for the first violation and seven\nhundred fifty dollars for second and subsequent violations, provided\nthat the vehicle in question bears a certificate which was valid within\nthe last thirty days. The penalties described in this section shall not\napply to vehicles defined by section one hundred forty-two or owned by a\ncounty, town, city, or village of the vehicle and traffic law for a\nfirst violation provided the vehicle is repaired within thirty days of\nticket issuance.\n  6. Vehicles found in violation of applicable emission standards\nimplemented pursuant to this program shall not be subject to impoundment\nor otherwise prevented from engaging in commerce as a result of this\nprogram.\n  6-a. Notwithstanding the provisions of this section, no penalty shall\nbe imposed pursuant to this section where the operator of such vehicle\nhas been convicted of the same violation arising from the same incident\npursuant to section three hundred one-b of the vehicle and traffic law.\n  7. The department shall, to the extent practicable, coordinate with\nappropriate agencies in the states in the northeast ozone transport\nregion and which have proposed or adopted heavy duty emission inspection\nprograms to promote regional consistency in such programs.\n
N.Y. MDW Law § 76 — New York Code / Act MDW / Article 3 / Title 3 / Section 76
Water-closet and bath accommodations
Status: in_force

§ 76. Water-closet and bath accommodations. 1. General requirements.\nThis section shall apply to all dwellings whenever erected or converted\nexcept as herein provided.\n  a. No water-closet shall be installed, kept or maintained in any yard,\ncourt or other open space, and every water-closet or other receptacle to\nreceive fecal matter, urine or sewerage, located in any such yard, court\nor other open space, shall be completely removed, and the place where\nthey were located shall be disinfected under the direction of the\ndepartment.\n  b. No water-closet shall be installed, kept or maintained in a cellar\nor basement unless it is provided for lawful cellar or basement living\nrooms, or is supplementary to the required water-closet accommodations.\n  c. No water-closet shall open directly into any kitchen or kitchenette\nin a multiple dwelling erected after April eighteenth, nineteen hundred\ntwenty-nine.\n  d. Every water-closet compartment shall be at least two feet four\ninches in clear width and, except in a general toilet or bathroom, shall\nbe enclosed with partitions which shall extend from the floor to the\nceiling and which shall be plastered or tiled or covered with similar\nmaterials approved by the department.\n  e. The floor of every such compartment, bathroom or general toilet\nroom shall be made waterproof with material approved by the department,\nand such waterproofing material shall extend six inches or more above\nthe floor, except at doors.\n  f. The use of drip trays is unlawful.\n  g. No plumbing fixture or water-closet shall be enclosed wholly or in\npart with woodwork.\n  h. Every water-closet compartment, bathroom and general or public\ntoilet room, and every other room containing one or more water-closets\nor urinals, except as specifically provided otherwise in this section,\nshall have at least one window opening upon a street or lawful court,\nyard or space above a setback. Every such window shall be at least three\nsquare feet in area and shall be made so that half its area can be\nreadily opened.\n  i. No window shall be required when each such compartment, bathroom or\ngeneral toilet room is located on the top story or underneath the bottom\nof a lawful shaft or court and is lighted and ventilated in either case\nby a skylight the roof of which contains at least three square feet of\nglazed surface and is arranged to be readily opened.\n  j. In lieu of a required window or skylight, it shall be lawful to\ninstall a system of ventilation, approved for construction and\narrangement by the department, for water-closet compartments used for\nthe business portions of any dwelling or for compartments containing\nwater-closets, bathrooms or general toilet room in any dwelling. Such\nsystem of ventilation shall be maintained and operated continuously to\nprovide at least four changes per hour of the air volume of each such\nwater-closet compartment, bathroom or general toilet room daily from\nseven o'clock in the morning until seven o'clock at night in any\nbusiness parts of such dwelling and from six o'clock in the morning\nuntil midnight in all parts used for dwelling purposes.\n  k. Every water-closet compartment or bathroom shall be provided with\nelectricity and fixtures to light the same properly.\n  l. In a fireproof dwelling in which two or more rooms, all of which\nopen directly upon the same public hall, are occupied exclusively by\npersons employed by the tenants thereof, there shall be provided for the\noccupants of such rooms and accessible therefrom directly or through\nsuch public hall, at least one water-closet compartment for the first\nfour such rooms or fraction thereof and at least one additional\nwater-closet compartment for each additional seven such rooms or\nfraction thereof, and no further water-closet accommodations for such\nrooms shall be required.\n  m. Water-closets may be placed together in a general toilet room\nprovided they are supplementary to required water-closet accommodations\nor are solely for the use of business portions of the dwelling.\n  n. Except as herein provided if any living rooms in a fireproof\ndwelling open directly upon a public hall without any intervening room,\nfoyer or passage, or if any suites of two living rooms in such a\ndwelling open upon a foyer giving direct access to a public hall, only\none water-closet compartment shall be required for every three such\nliving rooms on each story. Every such water-closet compartment shall be\naccessible to one or more of said rooms without passage through a public\nhall or any bedroom.\n  2. Class A dwellings.\n  a. Every apartment in a class A dwelling, except old-law tenements,\nshall be provided with a water-closet which shall be placed in a\ncompartment completely separated from any other water-closet.\n  b. Every apartment in a class A dwelling, except old-law tenements,\nshall also contain a bath, which may be in a separate compartment or\ntogether with the water-closet in a bathroom. There shall be access to\nat least one such compartment or bathroom from every bedroom without\npassing through any other bedroom.\n  3. Class B dwellings.\n  a. The requirements of paragraph n, of subdivision one of this section\nshall not apply to a fireproof class B dwelling, every living room of\nwhich, except those used only by employees employed exclusively in the\nmanagement and maintenance of such dwelling, has direct access to a\npublic hall without passing through any other room, foyer or private\nhall and in which water-closet accommodations are provided in accordance\nwith the provisions of this subdivision.\n  b. In such a fireproof dwelling there shall be on each story upon\nwhich there is any living room at least two water-closet compartments\nfor the first twenty such living rooms or fraction thereof and at least\none additional water-closet compartment for each additional fifteen such\nliving rooms or fraction thereof, and no further water-closet\naccommodations for such rooms shall be required.\n  c. There shall be on each story of such fireproof dwelling, in\naddition to the water-closet accommodations required in paragraph n of\nsubdivision one hereof, at least one water-closet compartment for every\nfifteen living rooms or fraction thereof not having access to a\nwater-closet compartment without passage through a public hall or\nbedroom, and every such room shall have access to such a compartment\nthrough a public hall. If two or more such compartments be required on\nany story by the provisions of this paragraph, they may be placed in a\ngeneral toilet room.\n  d. For every urinal supplied on any story of such fireproof dwelling\non which seventeen rooms or more are occupied exclusively by males, one\nwater-closet compartment less than the number otherwise required may be\nprovided on such story; except that the number of water-closet\ncompartments on such story may not be reduced to less than\nthree-quarters of the number otherwise required.\n  e. The water-closet compartments on each story of such a dwelling\nshall be accessible from every living room on the story. Such\ncompartments may be placed in one or more general toilet rooms.\n  f. In a non-fireproof class B dwelling there shall be at least one\nwater-closet compartment and one wash basin for every seven sleeping\nrooms and there need not be more than that number except that there\nshall be at least one on each story. At least one such water-closet\ncompartment and one wash basin on each story of such dwelling shall be\naccessible from every living room on the same story.\n  4. Converted dwellings.\n  a. Every apartment in a class A converted dwelling shall be provided\nwith a water-closet which shall be placed in a compartment or bathroom\nwithin each apartment completely separated from any other water-closet.\nEvery such apartment shall also contain a bath or shower and a wash\nbasin.\n  b. In every class B converted dwelling there shall be at least one\nwater-closet compartment on any floor containing any room used for class\nB occupancy and at least one bathroom or shower room and one wash basin\nfor every six persons and for any remainder of less than six persons who\nmay lawfully occupy any room or rooms for class B occupancy.\n  (c) Additional required water-closets and wash basins which are\ninstalled in order to comply with the provisions of this paragraph\nwhether provided separately or in combination, shall be in a compartment\nseparate and apart from every bath or shower required under the\nprovisions of paragraph b, and each such additional required bath or\nshower shall be in a compartment separate and apart from every\nwater-closet and wash basin required under the provisions of paragraph\nb, except that any such additional required water-closet, bath or shower\nor wash basin may be included in a single compartment containing any or\nall of such facilities, if such compartment is accessible only from or\nonly within a room, apartment or suite of rooms and the occupant or\noccupants of such room, apartment or suite are exclusively entitled to\nuse all such facilities contained in such compartment.\n  5. Old-law tenements. In every old-law tenement there shall be\nprovided for the exclusive use of each family at least one water-closet\ncompartment located within the dwelling. Such compartment shall be\nconstructed and ventilated as approved by the department but such\ncompartment shall be located on the same story as that on which the\napartment occupied by each such family is situated and shall be equipped\nwith lock and key. The provisions of this subdivision shall not apply\n(a) to any dwelling which the department of city planning certifies is\nin an area to be acquired for a public improvement and for which a\nrequest for acquisition has been submitted to the board of estimate by a\npublic agency; or (b) to any dwelling in an area for which an urban\nrenewal plan has been submitted to the planning commission, as provided\nin section five hundred five of the general municipal law, if the\nplanning commission shall certify that compliance with the provisions of\nthis subdivision would be inconsistent with the plan; or (c) for which a\ndemolition permit has been or shall be issued by the municipality\npursuant to local law or ordinance. The exemption provided in (a), (b),\nand (c) of this subdivision shall be valid for a period of six months\nafter the date of the acquisition request or the date of the submission\nof the urban renewal plan to the commission or the date of the issuance\nof the demolition permit as the case may be. Such exemption may be\nextended from time to time by the department provided, however, that\nsuch exemption shall not extend beyond November first, nineteen hundred\nsixty-five.\n  6. Single room occupancy.\n  a. Every apartment used for single room occupancy shall have at least\none bath or shower, one wash-basin and one water-closet for each six\nadult persons who may lawfully occupy the rooms in such apartment as\nprovided in section two hundred forty-eight, and for any remainder of\nless than six persons. If additional baths or showers or water-closets\nare installed within an apartment in order to comply with the provisions\nof this paragraph each water-closet shall be in an enclosure separate\nand apart from every bathroom or shower room and each bath or shower\nshall be in an enclosure separate and apart from every water-closet.\n  b. There shall be access to each required water-closet and bathroom\nwithout passing through any sleeping room, except that any water-closet,\nwash-basin or bathroom which connects directly with any sleeping room\nshall be deemed to be available only to the occupants of such room and\nshall not be included in the computations for the required number of\nwater-closets and bathrooms.\n  7. Saving clause. No change need be made in the number, construction,\narrangement, lighting or ventilation of water-closet compartments,\nbathrooms or general toilet rooms in any portion of any dwelling if the\nnumber, construction, arrangement, lighting or ventilation of such\nwater-closet compartments, bathrooms or general toilet rooms was lawful\non July first, nineteen hundred sixty-one.\n
N.Y. DOM Law § 77-G — New York Code / Act DOM / Article 5-A / Title 3 / Section 77-G
Expedited enforcement of child custody determination
Status: in_force

§ 77-g. Expedited enforcement of child custody determination. 1. A\npetition under this title must be verified. Certified copies of all\norders sought to be enforced and of any order confirming registration\nmust be attached to the petition. A copy of a certified copy of an order\nmay be attached instead of the original.\n  2. A petition for enforcement of a child custody determination must\nstate:\n  (a) whether the court that issued the determination identified the\njurisdictional basis it relied upon in exercising jurisdiction and, if\nso, what the basis was;\n  (b) whether the determination for which enforcement is sought has been\nvacated, stayed, or modified by a court whose decision must be enforced\nunder this article and, if so, identify the court, the case number, and\nthe nature of the proceeding;\n  (c) whether any proceeding has been commenced that could affect the\ncurrent proceeding, including proceedings relating to domestic violence,\nchild abuse or neglect, protective orders, termination of parental\nrights, and adoptions and, if so, identify the court, the case number,\nand the nature of the proceeding;\n  (d) the present physical address of the child and the respondent, if\nknown;\n  (e) whether relief in addition to the immediate physical custody of\nthe child and attorney's fees is sought, including a request for\nassistance from law enforcement officials and, if so, the relief sought;\nand\n  (f) if the child custody determination has been registered and\nconfirmed under section seventy-seven-d of this title, the date and\nplace of registration.\n  3. Upon the filing of a petition, the court shall issue an order\ndirecting the respondent to appear in person with or without the child\nat a hearing within three court days and may enter any order necessary\nto ensure the safety of the parties and the child. The hearing must be\nheld not more than three court days after the filing of the petition,\nprovided that the petition has been served not less than twenty-four\nhours prior to the hearing. Service may be by any means directed by the\ncourt pursuant to section three hundred eight of the civil practice law\nand rules. The court may extend the date of the hearing briefly for good\ncause shown or upon the request of the petitioner.\n  4. An order issued under subdivision three of this section must state\nthe time and place of the hearing and advise the respondent that at the\nhearing the court will order that the petitioner may take immediate\nphysical custody of the child and the payment of fees, costs, and\nexpenses under section seventy-seven-k of this title, and may schedule a\nhearing to determine whether further relief is appropriate, unless the\nrespondent appears and establishes that:\n  (a) the child custody determination has not been registered and\nconfirmed under section seventy-seven-d of this title and that:\n  (1) the issuing court did not have jurisdiction under title two of\nthis article;\n  (2) the child custody determination for which enforcement is sought\nhas been vacated, stayed, or modified by a court having jurisdiction to\ndo so under title two of this article or that enforcement would violate\nsubdivision one-c of section two hundred forty of this chapter or\nsection one thousand eighty-five of the family court act;\n  (3) the respondent was entitled to notice, but notice was not given in\naccordance with the standards of section seventy-five-g of this article,\nin the proceedings before the court that issued the order for which\nenforcement is sought; or\n  (b) the child custody determination for which enforcement is sought\nwas registered and confirmed under section seventy-seven-c of this\ntitle, but has been vacated, stayed, or modified by a court of a state\nhaving jurisdiction to do so under title two of this article.\n
N.Y. EXC Law § 512 — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 512
Weekly allowances; work experience
Status: in_force

§ 512. Weekly allowances; work experience. 1. Every child being cared\nfor in a division facility may receive a weekly allowance approved by\nthe director of the budget, in accordance with regulations of the\ndivision, as compensation for work or services performed in a division\nfacility. Such weekly allowance shall be paid from moneys appropriated\nto the division for maintenance and operation.\n  2. A child who is being cared for in a division facility may, with the\npermission of the facility director, work outside of such facility when\nattendance upon instruction is not required pursuant to the education\nlaw. No such child may be permitted to work unless the conditions of\nwork, including wages, meet the standards therefor prescribed pursuant\nto the labor law. The facility director may require that a part of the\nwages of such child, not to exceed twenty-five per centum thereof, be\ndeposited in a general welfare fund to be utilized for the benefit of\nall children in such facility.\n
N.Y. PBA Law § 158-C — New York Code / Act PBA / Article 2 / Title 3 / Section 158-C
Relocation of dwellings
Status: in_force

* § 158-c. Relocation of dwellings. 1. It is hereby declared that any\nreduction in housing accommodations on Long Island would be detrimental\nto the community; that this condition requires that provision be made\nfor the relocation and rehabilitation of dwellings affected by projects\nundertaken by the authority; that the necessity, in the public interest\nfor the provisions of this section, is hereby declared as a matter of\nlegislative determination.\n  2. Notwithstanding any other provision of law, the authority shall\nhave power whenever it shall acquire real property with dwellings\nthereon (a) to acquire real property for the purpose of providing new\nsites on which such dwellings may be relocated by purchase, gift, devise\nor condemnation in the manner provided in this title, or, with the\napproval of the director of the budget, to use real property under the\njurisdiction of the authority for such purpose; (b) to sell such\ndwellings or to provide for the removal and rehabilitation of such\ndwellings on new foundations at such new sites by contract or by its own\nlabor force or by combination of such methods; (c) to contract for the\ninstallation of services and facilities including water, sewer, gas,\nelectricity and other necessary appurtenances required for the complete\nrestoration of such dwellings; (d) to landscape such sites; (e) to\ncontract with any person, firm or corporation or with a municipality for\nthe improvement or installation of streets, sewers, water lines or other\nfacilities in connection with the relocation of such dwellings and to\npay the cost thereof and any municipality is hereby authorized to enter\ninto any such contract; (f) to contract with the several owners of such\nproperty for the conveyance of the new sites with improvements thereon\nto such owner in settlement in part or in whole of the compensation and\ndamage to which they are entitled; and (g) to sell such sites with or\nwithout dwellings and improvements thereon.\n  3. The authority may agree with the owners of property acquired, in\nsettlement in part or in whole of the damages to which they are\nentitled, to compensate such owners for the cost of acquiring new sites,\nremoving dwellings thereto on new foundations, the installation of\nservices and facilities including water, sewerage, gas, electricity, and\nother necessary appurtenances required for the complete restoration of\nsuch dwellings; and landscaping of the new site.\n  4. This section shall be effective only until January first, nineteen\nhundred fifty-six.\n  * NB Expired January 1, 1956\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ENV Law § 13-0317 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0317
Shipping tags
Status: in_force

§ 13-0317. Shipping tags.\n  All persons transporting, importing, exporting or otherwise\ndistributing shellfish shall label or tag the same as provided under\nsection 13-0319.\n
N.Y. PBH Law § 3441-A — New York Code / Act PBH / Article 34 / Title 3 / Section 3441-A
Funeral arrangements; use of flag
Status: in_force

§ 3441-a. Funeral arrangements; use of flag.  Upon the request of the\nperson responsible for the payment for funeral arrangements made for the\ncare and disposition of the body of a deceased veteran, eligible under\nfederal law or regulations or section two hundred fifty-a of the\nmilitary law for the use of a United States flag for burial purposes,\nevery person licensed pursuant to this article, including funeral\ndirectors and funeral firms, shall furnish a United States flag for the\ncovering of the casket at the time of the funeral free of charge. Notice\nof the availability of such flag shall be given at the time the itemized\nlist of services is furnished.\n
N.Y. PBA Law § 1376 — New York Code / Act PBA / Article 6 / Title 3 / Section 1376
Definitions
Status: in_force

§ 1376. Definitions. As used in this title, unless a different meaning\nclearly appears from the context:\n  (1) The term "district" shall mean the Ogdensburg port authority\ndistrict created by section thirteen hundred seventy-seven of this\ntitle.\n  (2) The term "authority" shall mean the corporation created by section\nthirteen hundred seventy-eight of this title.\n  (3) The term "board" shall mean the members of the authority.\n  (4) The term "bonds" shall mean bonds issued by the authority pursuant\nto this title.\n  (5) The term "city" shall mean the city of Ogdensburg.\n  (6) The term "port facilities" shall mean, among other things, wharfs,\ndocks, refrigerating plants, warehouses, elevators, freight-handling\npiers, terminals, railroad tracks or terminals, cold storage and\nmachinery and such equipment as is used in the handling of freight and\nthe establishment and operation of a port, and work of deepening parts\nof the St. Lawrence river within the port district, and any other works,\nproperties, buildings, structures or other facilities necessary or\ndesirable in connection with the development and operation of port\nfacilities in the district.\n  (7) The term "common council" shall mean the common council of the\ncity.\n  (8) The term "mayor" shall mean the mayor of the city.\n  (9) The term "Industrial Project" shall mean a project designed and\nintended for the purpose of providing facilities for manufacturing,\nwarehousing, research, business or other industrial or commercial\npurposes, including but not limited to machinery and equipment deemed\nnecessary for the operation thereof (excluding raw materials, work in\nprocess or stock in trade), on land acquired or to be acquired by the\nauthority for the establishment of an industrial park.\n
N.Y. ENV Law § 23-0305 — New York Code / Act ENV / Article 23 / Title 3 / Section 23-0305
Powers and duties of the commissioner and the department
Status: in_force

§ 23-0305. Powers and duties of the commissioner and the department.\n  1. The provisions of this section shall apply only to rules,\nregulations, orders and hearings made or conducted in the administration\nof this article.\n  2. No rule, regulation, order or amendment thereof, except in an\nemergency, shall be made by the department without a public hearing upon\nat least ten days' notice, exclusive of the date of service. The public\nhearing shall be held at such time and place as may be prescribed by the\ndepartment and any interested person shall be entitled to be heard.\n  3. When an emergency requiring immediate action is found to exist, the\ndepartment may make an emergency order without notice or hearing, which\nshall be effective when made. No emergency order shall be effective for\nmore than fifteen days.\n  4. Any notice required by this article shall be given by the\ndepartment by any one or more of the following methods: (a) personal\nservice, (b) publication in one or more issues of a newspaper of general\ncirculation in the county where the land affected or some part thereof\nis situated, or (c) by registered or certified mail addressed, postage\nprepaid, to the last known mailing address of the person or persons\naffected. The date of service shall be the date on which service was\nmade in the case of personal service, the date of first publication in\nthe case of notice by publication, and the date of mailing in the case\nof notice by mail.  The notice shall specify the style and number of the\nproceeding, the time and place of the hearing, and shall briefly state\nthe purpose of the proceeding. Should the department elect to give\nnotice by personal service, such service may be made by any officer\nauthorized to serve process, or by any agent of the department in the\nsame manner as is provided by law for the service of process in civil\nactions in the courts of the state.\n  5. All rules, regulations and orders made by the department shall be\nin writing, shall be entered in full and indexed in books to be kept by\nthe department for that purpose, and shall be public records open for\ninspection at all times during reasonable office hours. A copy of any\ndepartment rule or regulation shall be received in evidence in all\ncourts of this state with the same effect as the original, if certified\nby a member or duly authorized employee of the department.\n  6. The department may act upon its own motion or upon the application\nof any interested person. On the filing of an application concerning any\nmatter within the jurisdiction of the department, pursuant to this\narticle, the department shall promptly fix a date for a hearing thereon,\nand shall cause notice of the hearing to be given. The hearings shall be\nheld without undue delay after the filing of the petition. The\ndepartment shall make its order within sixty days after the conclusion\nof the hearing.\n  7. To aid in the administration of this article, the commissioner may\nissue subpoenas in his name requiring the attendance and giving of\ntestimony by witnesses and the production of books, papers and other\ndocumentary evidence for any hearing, proceeding or investigation\nconducted or to be conducted by or before the department. Service of\nsuch a subpoena, enforcement of obedience thereto, and punishment for\ndisobedience thereof shall be had as and in the manner provided by the\nCivil Practice Law and Rules relating to enforcement of a subpoena\nissued by a board or committee except that in the case of hearings,\nproceedings or investigations before or conducted by the department\nneither the holder of a permit or lease issued pursuant to this article,\nnor an employee of such permit holder or lessee, nor an officer or\nstockholder in a permittee or lessee corporation, when required to\nattend as a witness, shall be entitled to any subpoena fee or mileage.\nAny member of the department or any person who may be designated by the\ndepartment to hold hearings may administer oaths to witnesses. The\ndepartment also may provide for the taking of depositions of witnesses\nfor the purpose of any such hearing. In such case such officer, employee\nor other person may administer oaths to the witnesses whose depositions\nare to be taken. Each deposition shall be reduced to writing and\nsubscribed by the deponent. The provisions of this subdivision shall\napply only to the administration of this article.\n  8. With respect to oil pools or fields and natural gas pools or\nfields, the department shall have power to:\n  a. Make such investigations as it deems proper to determine whether\nwaste exists or is imminent.\n  b. Require identification of ownership of producing leases, tanks,\nplants, structures and facilities for the transportation and refining of\noil and gas.\n  c. Classify and reclassify pools as oil or gas pools, or wells as oil\nor gas wells, including the delineation of boundaries for purposes\nmaterial to the interpretation or administration of this article.\n  d. Require the drilling, casing, operation, plugging and replugging of\nwells and reclamation of surrounding land in accordance with rules and\nregulations of the department in such manner as to prevent or remedy the\nfollowing, including but not limited to: the escape of oil, gas, brine\nor water out of one stratum into another; the intrusion of water into\noil or gas strata other than during enhanced recovery operations; the\npollution of fresh water supplies by oil, gas, salt water or other\ncontaminants; and blowouts, cavings, seepages and fires.\n  e. Enter, take temporary possession of, plug or replug any abandoned\nwell as provided in the rules and regulations, whenever any owner or\noperator neglects or refuses to comply with such rules and regulations.\nSuch plugging or replugging by the department shall be at the expense of\nthe owner or operator whose duty it may be to plug the well and who\nshall hold harmless the state of New York for all accounts, damages,\ncosts and judgments arising from the plugging or replugging of the well\nand the surface restoration of the affected land. Primary liability for\nthe expense of such plugging or replugging and first recourse for the\nrecovery thereof shall be to the operator unless a contract for the\nproduction, development, exploration or other working of the well, to\nwhich the lessor or other grantor of the oil and gas rights is a party,\nshall place such liability on the owner or on the owner of another\ninterest in the land on which the well is situated. When an operator\nviolates any provision of this article, any rule or regulation\npromulgated thereunder, or any order issued pursuant thereto in\nreference to plugging or replugging an abandoned well, the operator may\nnot transfer the operator's responsibility therefor by surrendering the\nlease. Prior to the commencement of drilling of any well, the operator\nshall be required to furnish to the department, and continuously\nmaintain, a bond acceptable to it conditioned upon the performance of\nsaid operator's plugging responsibilities with respect to said well.\nUpon the approval of the department, in lieu of such bond, the operator\nmay deposit cash or negotiable bonds of the United States Government of\nlike amount in an escrow account conditioned upon the performance of\nsaid operator's plugging responsibilities with respect to said well. Any\ninterest accruing as a result of the aforementioned escrow deposit shall\nbe the exclusive property of the operator. The aforementioned bonding\nrequirements shall remain the obligation of the original operator\nregardless of changes in operators unless a subsequent operator has\nfurnished the appropriate bond or substitute as herein provided\nacceptable to the department and approval for the transfer of the well\nplugging responsibilities to the subsequent operator has been granted by\nthe department. The failure of any operator to maintain a bond or other\nfinancial security as prescribed herein shall be deemed a breach of\nplugging responsibilities and entitle the department to claim the\nproceeds of the bond or other financial security. The cost of plugging\nor replugging any well, where such action is necessary or incident to\nthe commencing or carrying on of storage operations pursuant to section\n23-1103 or 23-1301 shall be borne by the operator of the storage\nfacility.\n  f. Require that every person who produces, sells, purchases, acquires,\nstores or injects oil or gas and associated fluids and every person who\ntransports oil or gas in this state shall keep and maintain complete and\naccurate records of the quantities thereof. Quantities of associated\nfluids injected or produced may be reported as estimated volumes. True\ncopies or duplicates shall be kept or made available for examination\nwithin this state by the department or its agents at all reasonable\ntimes and every such person shall file with the department such reports\nconcerning production, sales, purchases, acquisitions, injection,\ntransportation or storage on a form provided by the department or\napproved by the department prior to submittal.\n  g. In addition to the powers provided for in titles 1, 3, 5 and 13 of\narticle 71, order an immediate suspension of drilling or production\noperations whenever such operations are being carried on in violation of\nthis article or any rule or regulation promulgated thereunder or order\nissued pursuant thereto. Any order issued pursuant to this paragraph may\nbe reviewed upon application of an aggrieved party by means of an order\nto show cause which order shall be issued by any justice of the supreme\ncourt in the judicial district in which any order applies and shall be\nreturnable on the third succeeding business day following the issuance\nof such order. Service of such show cause order shall be made upon the\nregional office of the department for the region in which such order\napplies, and upon the attorney general by delivery of such order to an\nassistant attorney general at an office of the attorney general in the\ncounty in which venue of the proceeding is designated, or if there is no\noffice of the attorney general within such county, at the office of the\nattorney general nearest such county. Except as hereinabove specified,\nthe proceeding to review an order under this paragraph shall be governed\nby article seventy-eight of the civil practice law and rules.\n  h. Require the immediate reporting of any non-routine incident\nincluding but not limited to casing and drill pipe failures, casing\ncement failures, fishing jobs, fires, seepages, blowouts and other\nincidents during drilling, completion, producing, plugging or replugging\noperations that may affect the health, safety, welfare or property of\nany person. The department may require the operator, or any agent\nthereof, to record any data which the department believes may be of\nsubsequent use for adequate evaluation of a non-routine incident.\n  i. Require the taking and making of well logs, well samples,\ndirectional surveys and reports on well locations and elevations,\ndrilling and production, and further require their filing pursuant to\nthe provisions of this article. Upon the request of the state geologist,\nthe department shall cause such duplicate samples or copies of records\nand reports as may be required pursuant to this article to be furnished\nto him.\n  j. Give notice to persons engaged in underground mining operations of\nthe commencement of any phase of oil or gas well operations which may\naffect the safety of such underground mining operations or of the mining\nproperties involved. Rules and regulations promulgated under this\narticle shall specify the distance from underground mining operations\nwithin which such notice shall be given and shall contain such other\nprovisions as in the judgment of the department shall be necessary in\nthe interest of safety. The department shall not be required to furnish\nany notice required by this paragraph unless the person or persons\nengaged in underground mining operations or having rights in mining\nproperties have notified the department of the existence and location of\nsuch underground mining operations or properties.\n  k. (1) Except as to production of gas from lands under the waters of\nLake Erie, in order to satisfy the financial security requirements\ncontained in paragraph e of this subdivision for wells less than six\nthousand feet in depth for which the department either shall have issued\nor shall issue permits to drill such wells or, on or after June fifth,\nnineteen hundred seventy-three, shall have issued acknowledgements of\nnotices of intention to drill such wells, without any way affecting any\nobligations to plug such wells, the operator shall provide a bond or\nother financial security acceptable to the department in the following\namount:\n  (i) for wells less than two thousand five hundred feet in depth:\n  (a) twenty-five hundred dollars per well, provided that the operator\nshall not be required to provide financial security under this item\nexceeding twenty-five thousand dollars for up to twenty-five wells;\n  (b) for twenty-six to fifty wells, twenty-five thousand dollars, plus\ntwenty-five hundred dollars per well in excess of twenty-five wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding forty thousand dollars;\n  (c) for fifty-one to one hundred wells, forty thousand dollars, plus\ntwenty-five hundred dollars per well in excess of fifty wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding seventy thousand dollars;\n  (d) for over one hundred wells, seventy thousand dollars, plus\ntwenty-five hundred dollars per well in excess of one hundred wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding one hundred thousand dollars.\n  (ii) for wells between two thousand five hundred feet and six thousand\nfeet in depth:\n  (a) five thousand dollars per well, provided that the operator shall\nnot be required to provide financial security under this item exceeding\nforty thousand dollars for up to twenty-five wells;\n  (b) for twenty-six to fifty wells, forty thousand dollars, plus five\nthousand dollars per well in excess of twenty-five wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding sixty thousand dollars;\n  (c) for fifty-one to one hundred wells, sixty thousand dollars, plus\nfive thousand dollars per well in excess of fifty wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding one hundred thousand dollars;\n  (d) for over one hundred wells, one hundred thousand dollars, plus\nfive thousand dollars per well in excess of one hundred wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding one hundred fifty thousand dollars.\n  (2) In the event that an operator shall have wells described in\nclauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of\nproviding financial security under the provisions of each such clause,\nsuch operator may file financial security as if all such wells were\nbetween two thousand five hundred feet and six thousand feet in depth.\n  (3) For wells greater than six thousand feet in depth, the operator\nmay be required to provide additional financial security consistent with\ncriteria contained in rules and regulations to be adopted to implement\nthis subparagraph.\n  8-a. The department shall include consideration of future physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of extreme weather\nevents, including hazard risk analysis data if applicable, to permits\nissued pursuant to title five of this article.\n  9. With respect to solution mining areas the department shall have the\npower to:\n  a. Require identification of ownership of producing leases and\nsolution mining equipment such as structures, tanks, gathering systems\nand facilities for the transportation of salt brine.\n  b. Require the drilling, casing, operation and plugging of wells in\naccordance with rules and regulations of the department in such a manner\nas to prevent the loss or escape of oil or gas reserves to the surface\nor to other strata; the intrusion of brine or water into commercial oil\nor gas reserves; the pollution of fresh water supplies by oil, gas or\nsalt water, and to facilitate the efficient use of ground and surface\nwaters in solution mining.\n  c. Give notice to persons engaging in underground mining operations of\nthe commencing of any phase of solution mining well operations which may\naffect the safety of such underground mining operations or of the mining\nproperties involved. Rules and regulations of the department adopted\npursuant hereto shall specify the distance from such underground mining\noperations within which such notice shall be given and shall contain\nsuch other provisions as in the judgment of the department shall be\nnecessary in the interest of safety. The department shall not be\nrequired to furnish any notice pursuant hereto unless the person or\npersons engaged in underground mining operations or having rights in\nmining properties have notified the department of the existence and\nlocation of such underground mining operations or properties.\n  d. Require metering or other measuring of brine produced by solution\nmining, and the maintenance of the records from each cavity or group of\ninterconnected cavities until the wells in a cavity have been plugged\nand abandoned. These records shall be given to the department on\nrequest.\n  e. Enter, take temporary possession of, plug or replug any abandoned\nwell as provided in the rules and regulations, whenever any operator\nneglects or refuses to comply with such rules and regulations. Such\nplugging or replugging by the department shall be at the expense of the\nowner or operator whose duty it shall be to plug the well and who shall\nhold harmless the state of New York for all accounts, damages, costs and\njudgments arising for the plugging or replugging of the well and the\nsurface restoration of the affected land. Primary liability for the\nexpense of such plugging or replugging and first recourse for the\nrecovery thereof shall be to the operator unless a contract for the\nproduction, development, exploration or other working of the well, to\nwhich the lessor or other grantor of the solution salt rights is a\nparty, shall place such liability on the owner or on the owner of\nanother interest in the land on which the well is situated. When an\noperator violates any provision of this article, any rule or regulation\npromulgated thereunder, or any order issued pursuant thereto in\nreference to plugging or replugging an abandoned well, the operator may\nnot transfer the operator's responsibility therefor by surrendering the\nlease. Prior to the commencement of drilling of any well to which this\nsubdivision applies, the operator shall be required to furnish to the\ndepartment, and continuously maintain, a bond acceptable to it\nconditioned upon the performance of said operator's plugging\nresponsibilities with respect to said well. Upon the approval of the\ndepartment, in lieu of such bond, the operator may deposit cash or\nnegotiable bonds of the United States Government of like amount in an\nescrow account conditioned upon the performance of said operator's\nplugging responsibilities with respect to said well. Any interest\naccruing as a result of aforementioned escrow deposit shall be the\nexclusive property of the operator. The aforementioned bonding\nrequirements shall remain the obligation of the original operator\nregardless of changes in operators unless a subsequent operator has\nfurnished the appropriate bond or substitute as herein provided\nacceptable to the department and approval for the transfer of the well\nplugging responsibility to the subsequent operator has been granted by\nthe department. The failure of any operator to maintain a bond or other\nfinancial security as prescribed herein shall be deemed a breach of\nplugging responsibilities and entitle the department to claim the\nproceeds of the bond or other financial security. Any order issued\npursuant to this paragraph may be reviewed upon application of an\naggrieved party by means of an order to show cause which order shall be\nissued by any justice of the supreme court in the judicial district in\nwhich any such order applies and shall be returnable on the third\nsucceeding business day following the issuance of such order. Service of\nsuch show cause order shall be made upon the regional office of the\ndepartment for the region in which such order applies, and upon the\nattorney general by delivery of such order to an assistant attorney\ngeneral at an office of the attorney general in the county in which\nvenue of the proceeding is designated, or if there is no office of the\nattorney general within such county, at the office of the attorney\ngeneral nearest such county. Except as hereinabove specified, the\nproceeding to review an order under this paragraph shall be governed by\narticle seventy-eight of the civil practice law and rules.\n  f. (1) In order to satisfy the financial security requirements\ncontained in paragraph e of this subdivision for all wells for which the\ndepartment either shall have issued or shall issue permits to drill such\nwells or, on or after June fifth, nineteen hundred seventy-three, shall\nhave issued acknowledgements of notices of intention to drill such\nwells, without in any way affecting any obligation to plug such wells,\nthe operator shall provide a bond or other financial security acceptable\nto the department in the following amount:\n  (i) for wells less than two thousand five hundred feet in depth:\n  (a) twenty-five hundred dollars per well, provided that the operator\nshall not be required to provide financial security under this item\nexceeding twenty-five thousand dollars for up to twenty-five wells;\n  (b) for twenty-six to fifty wells, twenty-five thousand dollars, plus\ntwenty-five hundred dollars per well in excess of twenty-five wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding forty thousand dollars;\n  (c) for fifty-one to one hundred wells, forty thousand dollars, plus\ntwenty-five hundred dollars per well in excess of fifty wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding seventy thousand dollars;\n  (d) for over one hundred wells, seventy thousand dollars, plus\ntwenty-five hundred dollars per well in excess of one hundred wells,\nprovided that the operator shall not be required to provide financial\nsecurity under this item exceeding one hundred thousand dollars.\n  (ii) for wells between two thousand five hundred feet and six thousand\nfeet in depth:\n  (a) five thousand dollars per well provided that the operator shall\nnot be required to provide financial security under this item exceeding\nforty thousand dollars for up to twenty-five wells;\n  (b) for twenty-six to fifty wells, forty thousand dollars, plus five\nthousand dollars per well in excess of twenty-five wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding sixty thousand dollars;\n  (c) for fifty-one to one hundred wells, sixty thousand dollars, plus\nfive thousand dollars per well in excess of fifty wells, provided that\nthe operator shall not be required to provide financial security under\nthis item exceeding one hundred fifty thousand dollars;\n  (d) for over one hundred wells, one hundred thousand dollars, plus\nfive thousand dollars per well in excess of one hundred wells, provided\nthat the operator shall not be required to provide financial security\nunder this item exceeding one hundred fifty thousand dollars.\n  (2) In the event that an operator shall have wells described in\nclauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of\nproviding financial security under the provisions of each such clause,\nsuch operator may file financial security as if all such wells were\nbetween two thousand five hundred feet and six thousand feet in depth.\n  (3) For wells greater than six thousand feet in depth, the operator\nmay be required to provide additional financial security consistent with\ncriteria contained in rules and regulation to be adopted to implement\nthis subparagraph.\n  10. In the case of any well legally plugged pursuant to subdivision\nnine hereof, the responsibility for the cost of replugging or\nreinforcing the plugging of any well, whenever such replugging or\nreinforcing is made necessary by reason of the commencement or expansion\nof storage operations, shall be borne by the operator of the storage\nfacility.\n  11. The department may use any of its powers for the purpose of\ncooperating with any other state or jurisdiction in regulating or\notherwise affecting the development or production of oil, gas or salt at\nany location where such development or production may have a physical\neffect on development or production in such other state or jurisdiction.\n  12. With respect to the production of gas from lands under the waters\nof Lake Erie:\n  a. This state shall indemnify all municipalities adjacent to Lake Erie\nwithin the state of New York for expenses of restoration of fresh water\nsupplies, cleanup of beaches, piers and similar facilities, and for\nliability claims arising from any discharge or spill occasioned by\nexploration, drilling or production of operations.\n  b. If any oil or other hazardous substance is discharged in the course\nof drilling for or piping natural gas so as to pollute the waters or\nendanger other natural resources of the state, the department shall\nimmediately act to remove or arrange for the removal of such substance\nand to terminate or arrange for the termination of such discharge,\nunless the department determines that such removal or termination will\nbe done properly and expeditiously by the lessee, owner or operator of\nthe drilling or piping operation.\n  c. Whenever the department acts to remove or arrange for the removal\nof any substance, or terminates or arranges for the termination of any\ndischarge, the department may draw upon moneys that may be set aside for\nthe department for such purposes from the governmental emergency fund,\nunder such terms and conditions as the governor and the legislature have\nestablished for use of such moneys.\n  d. No action taken by any person to contain or remove a discharge\nshall be construed as an admission of liability for said discharge.\nProvided that any person who undertakes removal or cleanup operations\nshall, at the request of the department or an appropriate federal\nagency, coordinate his actions with ongoing state or federal operations.\nNo person who renders assistance in containing or removing a discharge\nshall be liable for any civil damages to third parties resulting solely\nfrom acts or omissions in rendering such assistance except for acts or\nomissions of gross negligence or willful misconduct. In the course of\ncleanup operations, no person shall discharge any detergent into the\nwaters of this state without prior authorization of the commissioner.\n  13. Every person granted a permit to drill pursuant to this section\nshall give notice by certified mail to any local government affected of\nthe location of the drilling site prior to the commencement of drilling\noperations. Such prior notice shall also be given by certified mail to\nany landowner whose surface rights will be affected by drilling\noperations.\n  14. With respect to wells drilled deeper than five hundred feet below\nthe earth's surface for the purpose of conducting stratigraphic tests,\nfor finding or producing hot water or steam, for injecting fluids to\nrecover heat from the surrounding geologic materials, which shall not\ninclude closed-loop boreholes installed for the purpose of facilitating\na geothermal heating or cooling system, or for the disposal of brines,\nthe department shall have the power to:\n  a. Require all exploration, drilling and development operations to be\nconducted in accordance with standards promulgated by the department in\nrules and regulations.\n  b. Conduct investigations to determine the extent of compliance with\nthis section and all rules, regulations and orders issued pursuant\nthereto.\n  c. Classify a well as one subject to this section and require its\nidentification as a geothermal, stratigraphic or brine disposal well.\n  d. Require the drilling, casing, operation, plugging and replugging of\nwells subject to this section and reclamation of surrounding land in\naccordance with rules and regulations of the department.\n  e. Enter, take temporary possession of, plug or replug any abandoned\nwell subject to this section as provided in the rules and regulations,\nwhenever the well's owner or operator neglects or refuses to comply with\nsuch rules and regulations. Such plugging or replugging by the\ndepartment shall be at the expense of the owner or operator whose duty\nit shall be to plug the well and who shall hold harmless the state of\nNew York for all accounts, damages, costs and judgments arising from the\nplugging or replugging of the well and the surface restoration of the\naffected land.\n  f. Require that the operator furnish to the department, and\ncontinuously maintain, a bond or other financial security conditioned\nupon the satisfactory performance of the operator's plugging\nresponsibilities with respect to said well. The failure of any operator\nto maintain a bond or other financial security as prescribed herein\nshall be deemed a breach of plugging responsibilities and entitle the\ndepartment to claim the proceeds of the bond or other financial\nsecurity. Such bond or other financial security shall be for an amount\nas determined pursuant to the provisions of paragraph k of subdivision\neight of this section.\n  g. In addition to the powers provided for in titles one, three, five\nand thirteen of article seventy-one of this chapter, order an immediate\nsuspension of operations carried on in violation of the oil, gas and\nsolution mining law or any rule or regulation promulgated thereunder or\norder issued pursuant thereto.\n  h. Require the immediate reporting of any non-routine incident,\nincluding but not limited to casing and drill pipe failures, casing\ncement failures, fishing jobs, fires, seepages, blowouts and other\nincidents during drilling, completion, producing, plugging or replugging\noperations that may affect the health, safety, welfare or property of\nany person or which may be injurious to plants or animals. The\ndepartment may require the operator or any agent thereof to record and\nprovide any data which the department believes may be of use for\nadequate evaluation of a non-routine incident.\n  i. Require the taking and making of logs, samples, directional surveys\nand reports on locations, elevations, drilling and production, and\nfurther require filing of such information pursuant to the provisions of\nthe oil, gas and solution mining law. Upon the request of the state\ngeologist, the department shall cause such samples or copies of records\nand reports to be furnished to the state geologist.\n  j. Give notice to persons engaged in underground mining operations of\nthe commencement of any phase of geothermal, stratigraphic and brine\ndisposal well operations which may affect the safety of such underground\nmining operations or of the mining properties involved. The department\nshall not be required to furnish any notice required by this paragraph\nunless the person or persons engaged in underground mining operations or\nhaving rights in mining properties have notified the department of the\nexistence and location of such underground mining operations or\nproperties.\n  15. The department is authorized to regulate for the purposes of\nprotecting natural resources and the environment or public health and\nsafety, closed-loop boreholes deeper than five hundred feet below the\nearth's surface installed for the purpose of facilitating a geothermal\nheating or cooling system and no later than December thirty-first, two\nthousand twenty-four shall promulgate regulations relating to such\nboreholes, and may update such regulations from time to time. When\nregulating such closed-loop boreholes, the department shall consider\nrelevant prevailing industry standards.\n
N.Y. VAT Law § 398-F — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-F
Hearings; review board; appeals; judicial review
Status: in_force

§ 398-f. Hearings; review board; appeals; judicial review.  1.\nHearings. (a)  Upon the denial of an application for a certificate of\nregistration, the applicant shall, upon written request made within\nthirty days after the applicant is notified of such denial, be entitled\nto a hearing before an officer or employee of the department designated\nfor such purpose by the commissioner.\n  (b)  No certificate of registration shall be suspended or revoked,\npenalty imposed or determination of gross negligence or gross\novercharging made as provided for pursuant to paragraph (h) of\nsubdivision one of section three hundred ninety-eight-e of this article,\nuntil such registrant shall have been given the opportunity to be heard,\nupon written notice to the registrant, before an officer or employee of\nthe department designated for such purpose by the commissioner,\nprovided, however, that where a notice of hearing is mailed to a\nregistrant at the address shown in the records of the department and\nsuch registrant fails to attend such hearing, the commissioner may\nsuspend such registration pending the registrants attendance at such\nhearing.  Requests for adjournment of such hearings shall be granted in\naccordance with regulations promulgated by the commissioner.  A\nsuspension pending attendance at a hearing shall not be appealable.\n  (c)  The commissioner acting by such officer or employee in the\ndepartment as he may designate, shall have the power to subpoena and\nbring before such officer or employee so designated any person in this\nstate, or document, record or other relevant evidence, and administer an\noath to and take the testimony of any such person or cause his\ndeposition to be taken.  A subpoena issued pursuant to this action shall\nbe regulated by the civil practice law and rules.\n  (d)  In the event a certificate of registration is revoked or an\napplication is denied, no such certificate shall be issued to such\nformer registrant or applicant for at least six months, nor thereafter,\nexcept in the discretion of the commissioner.\n  2. Review board. The commissioner shall establish a review board.\nSuch board shall consist of persons who have been engaged in the\nautomotive repair shop business for at least five years representing the\nautomobile repair shop industry, persons who shall be laymen having no\nassociation with the automotive repair shop industry representing\nconsumers, and persons who are attorneys admitted to practice in this\nstate and who have no interest in or represent as an attorney an\nautomotive repair shop. Members of the review board shall be appointed\ninsofar as is practicable to provide for representation of different\ngeographic areas of the state, and shall serve in no other capacity in\nthe department of motor vehicles. The number of persons appointed to\nsuch review board shall be determined by the commissioner and shall be\nappointed to serve at his pleasure.  Three persons, one of whom shall be\nautomotive repair shop industry representatives, one of whom shall be\nconsumer representatives, and one of whom shall be an attorney appointed\npursuant to the provisions of this subdivision, shall as a panel review\neach appeal from a determination of the hearing officer. Such attorney\nshall serve as the chairman of such panel with respect to any such\nreview.  Members of the review board shall be entitled to their actual\nand necessary expenses incurred in the performance of their duties\nthereunder, and shall be entitled to a per diem allowance as determined\nby the commissioner and approved by the director of the division of the\nbudget not to exceed one hundred dollars except that those members who\nserve as the chairman of a panel at appeal proceedings may be entitled\nto a per diem allowance in an amount so determined and approved but not\nexceeding one hundred fifty dollars.\n  3.  Appeals. (a) The review board will review and determine all\nappeals filed pursuant to this article.  Such determination may be to\naffirm, reverse or modify the initial determination of the hearing\nofficer, or to remand the case for a further hearing to determine\nadditional facts.  Any review by such board shall be based solely on the\nrecord upon which the initial determination is made and upon any written\nbrief which may be submitted by or on behalf of the applicant or\nregistrant.\n  (b) (1)  Whenever a certificate of registration is suspended or\nrevoked, an application for such registration denied, determination of\ngross negligence or gross overcharging made, the sealing of a premises\nordered or penalty imposed by the commissioner pursuant to this article,\nexcept where such action is required by statute based upon a conviction,\nthe registrant, applicant, or owner of the premises as such term is\ndefined in paragraph (a) of subdivision five-a of section three hundred\nninety-eight-i of this article may appeal such determination pursuant to\nthe provisions of this article and such regulations as may be\npromulgated by the commissioner.\n  (2) No appeal shall be reviewed unless it is submitted within sixty\ndays after written notice of the determination appealed from is mailed\nto the registrant or applicant.\n  (3)  Any person desiring to appeal pursuant to this article shall do\nso in a form and manner as provided by regulations promulgated by the\ncommissioner. The transcript of any hearing will only be reviewed if it\nis submitted by the appellant who shall bear the expense of furnishing\nsuch transcript.\n  (4)  The fee for filing an appeal shall be ten dollars.  No appeal\nshall be deemed filed or submitted unless any required fee has been\npaid.\n  (5) The submission of a written request to file such an appeal shall\nstay the operation of the initial determination until after a review is\nhad and a determination has been made; provided, however, that failure\nto timely submit such appeal and comply with the provisions of this\nsubdivision shall remove the stay imposed by this paragraph.  Such\nreview shall be made and decided as expeditiously as possible; provided\nthat an appeal of an order directing the sealing of the premises\npursuant to subdivision five-a of section three hundred ninety-eight-i\nof this article shall, to the extent possible, be given priority over\nall other appeals filed pursuant to this article.\n  (c)  Whenever the same facts give rise to a hearing involving any\nother license or registration issued by the commissioner, a combined\nhearing may be held.  If the registrant appeals only from a\ndetermination made with respect to his repair shop registration, he\nshall be entitled to a review as provided in subdivision one of this\nsection; however, if he appeals from any determination or determinations\nmade with respect to any other license or registration, as well as a\ndetermination with respect to his repair shop registration, the appeals\nprocedure established in article three-A of this chapter shall be\nfollowed in lieu of the procedure established in subdivision three of\nthis section.\n  4. Judicial review. The determination of the review board shall be\nsubject to review by the supreme court in the manner provided in article\nseventy-eight of the civil practice law and rules.\n
N.Y. PBH Law § 35 — New York Code / Act PBH / Article 1 / Title 3 / Section 35
Reports required of the inspector
Status: in_force

§ 35. Reports required of the inspector. 1. The inspector shall, no\nlater than October first of each year, submit to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nstate comptroller and the attorney general, a report summarizing the\nactivities of the office during the preceding calendar year. Such report\nshall include:\n  (a) the number, subject and other relevant characteristics of\ninvestigations initiated, and those completed, including but not limited\nto outcome, region, source of complaint and whether or not such\ninvestigation was conducted jointly with the attorney general;\n  (b) the number, subject and other relevant characteristics of audits\ninitiated, and those completed, including but not limited to outcome,\nregion, reason for audit and the total dollar value identified for\nrecovery and the actual recovery from such audits;\n  (c) the number, subject and other relevant characteristics of\nadministrative actions initiated, and those completed, including but not\nlimited to outcome, region and type;\n  (d) the number, subject and other relevant characteristics of\nreferrals for prosecution to the deputy attorney general for Medicaid\nfraud control and other federal or state law enforcement agencies, or\nfor licensure action; such information shall include but not be limited\nto status and region;\n  (e) the number, subject and other relevant characteristics of civil\nactions initiated by the office related to improper payments, the\nresulting civil settlements entered and overpayments identified and the\ntotal dollar value both identified and collected;\n  (f) a narrative that evaluates the office's performance, describes any\nspecific problems and connection with the procedures and agreements\nrequired under this section, discusses any other matters that may have\nimpaired its effectiveness and summarizes the total savings to the\nstate's medical assistance program; and\n  (g) a narrative, provided by the department in its annual report\npursuant to paragraph (t) of subdivision one of section two hundred six\nof this chapter that summarizes the department's activities to mitigate\nfraud, waste and abuse during the preceding calendar year.\n  2. Pursuant to the reporting requirements contained within subdivision\none of this section, the inspector shall not disclose information that\njeopardizes an ongoing investigation or proceeding, provided that the\ninspector shall disclose required information that does not jeopardize\nan ongoing investigation or proceeding and fully apprises the designated\nrecipients of the scope and quality of the office's activities.\n  3. The inspector shall, on or before April first, July first, October\nfirst and January first of each year following the calendar year in\nwhich this title shall take effect, submit to the governor, temporary\npresident of the senate and speaker of the assembly an accountability\nstatement providing a statistical profile of the referrals made to the\nstate Medicaid fraud control unit, audits, investigations and\nrecoveries.\n
N.Y. VAT Law § 399-B — New York Code / Act VAT / Title 3 / Article 12-B / Section 399-B
Definitions
Status: in_force

§ 399-b. Definitions. For the purposes of this article, the following\nterms shall have the following definitions:\n  1. "Sponsoring agency" shall mean an organization which owns a motor\nvehicle accident prevention course approved by the commissioner.\n  2. "Delivery agency" shall mean an organization which conducts a\nsponsoring agency's approved motor vehicle accident prevention course.\n  3. "Instructor" shall mean an individual employed by a delivery agency\nto teach an approved accident prevention course.\n  4. "Accident prevention course" or "course" shall mean the accident\nprevention course curriculum or specialized course curriculum which has\nbeen approved by the commissioner.\n  5. "Completion certificate" shall mean a document which cannot be\naltered and which is provided to the student who successfully completes\nthe accident prevention course.\n  6. "Specialized course" shall mean a course aimed primarily at\nenhancing safety within a specific occupation or for a specific category\nof vehicles.\n
N.Y. VAT Law § 313 — New York Code / Act VAT / Title 3 / Article 6 / Section 313
Notice of termination
Status: in_force

§ 313. Notice of termination. 1. (a) No contract of insurance for\nwhich a certificate of insurance has been filed with the commissioner\nshall be terminated by cancellation by the insurer until at least twenty\ndays after mailing to the named insured at the address shown on the\npolicy a notice of termination by regular mail, with a certificate of\nmailing, properly endorsed by the postal service to be obtained, except\nwhere the cancellation is for non-payment of premium in which case\nfifteen days notice of cancellation by the insurer shall be sufficient,\nprovided, however, if another insurance contract has been procured, such\nother insurance contract shall, as of its effective date and hour,\nterminate the insurance previously in effect with respect to any motor\nvehicles designated in both contracts. No contract of insurance for\nwhich a certificate of insurance has been filed with the commissioner in\nwhich a natural person is the named insured and the motor vehicle is\nused predominantly for non-business purposes shall be non-renewed by an\ninsurer unless at least forty-five, but not more than sixty days in\nadvance of the renewal date the insurer mails or delivers to the named\ninsured at the address shown on the policy a written notice of its\nintention not to renew. No such contract of insurance in which the named\ninsured is not a natural person or the motor vehicle is used\npredominantly for business purposes shall be non-renewed by an insurer\nunless at least twenty days in advance of the renewal date the insurer\nmails or delivers to the named insured at the address shown on the\npolicy a written notice of its intention not to renew. All notices of\nnon-renewal shall be sent by regular mail with a certificate of mailing,\nproperly endorsed by the postal service to be obtained. Time of the\neffective date and hour of termination stated in the notice shall become\nthe end of the policy period. Every notice or acknowledgement of\ntermination for any cause whatsoever sent to the insured shall include\nin type of which the face shall not be smaller than twelve point a\nstatement that proof of financial security is required to be maintained\ncontinuously throughout the registration period and a notice prescribed\nby the commissioner indicating the punitive effects of failure to\nmaintain continuous proof of financial security and actions which may be\ntaken by the insured to avoid such punitive effects.\n  (b) Every insurer shall retain a copy of the notice of termination\nmailed pursuant to this chapter and shall retain the certificate of\nmailing obtained from the postal service upon the mailing of the\noriginal of said notice. A copy of a notice of termination and the\ncertificate of mailing, when kept in the regular course of the insurer's\nbusiness, shall constitute conclusive proof of compliance with the\nmailing requirements of this chapter.\n  * 2. (a) Upon the termination of an owner's policy of liability\ninsurance, other than an owner's policy of liability insurance for a\nmotorcycle, at the request of the insured or by cancellation by the\ninsurer, the insurer shall file a notice of termination with reference\nto such policy, as opposed to any insured vehicle or vehicles under such\npolicy, with the commissioner not later than thirty days following the\neffective date of such cancellation or other termination, in accordance\nwith the regulations required by paragraph (c) of this subdivision. An\ninsurer shall not file a notice of termination with the commissioner\nexcept as required by this subdivision.\n  (b) Upon the issuance of an owner's policy of liability insurance the\ninsurer shall file a notice or confirmation of issuance with reference\nto such policy not later than fourteen days following the effective date\nof such issuance, and not later than seven days following the effective\ndate for policies issued after January first, two thousand one, in\naccordance with the regulations required by paragraph (c) of this\nsubdivision.\n  (c) The commissioner shall promulgate regulations establishing\nprocedures for issuance of proof of insurance and for reporting by\ninsurers of notices of termination and policy issuance, either\nelectronically or by paper copy, at the option of the department. Such\nreporting shall be required for every cancellation or termination which\nis effective on or after July first, nineteen hundred eighty-four and\nfor every policy issuance which is effective on or after January first,\ntwo thousand; provided, however, that should the commissioner find,\nafter testing of reporting procedures, that it would be feasible to\nrequire reporting for policy cancellations, terminations or issuances\neffective on an earlier date, he may by regulation so require reporting\non such earlier date, but in no event shall reporting be required for\ncancellations or terminations effective prior to February first,\nnineteen hundred eighty-four nor for policy issuances effective prior to\nSeptember first, nineteen hundred ninety-nine. Insurers shall cooperate\nfully with the commissioner in any such testing of reporting procedures.\n  (d) Upon application by an insurer, the commissioner may extend the\nperiod for filing of notices of termination by such insurer for up to\nfifteen days, and for seven days for policies issued by an insurer.\nExtensions shall not be granted unless the insurer demonstrates to the\nsatisfaction of the commissioner that compliance with the notice period\nwould result in substantial hardship to the insurer. The commissioner\nshall maintain a list of extensions granted pursuant to this paragraph.\n  * NB Effective until December 31, 2028\n  * 2. The commissioner shall promulgate regulations establishing\nprocedures for issuance of proof of insurance.\n  * NB Effective December 31, 2028\n  * 3. A cancellation or termination for which notice is required to be\nfiled with the commissioner pursuant to subdivision two of this section\nshall not be effective with respect to persons other than the named\ninsured and members of the insured's household until the insurer has\nfiled a notice thereof with the commissioner or until another insurance\npolicy covering the same risk has been procured, except that a notice\nfiled with the commissioner, in the format prescribed by the\ncommissioner, within the period prescribed in subdivision two of this\nsection shall be effective as of the date certified therein, regardless\nof whether a suspension order is issued pursuant to section three\nhundred eighteen of this article. A receipt from the department stating\nthat a notice of termination has been filed shall be deemed conclusive\nevidence of such filing. An insurer shall cooperate with the\ncommissioner in attempting to identify persons not in compliance with\nthis article in cases where the information reported by the insurer does\nnot correspond with records maintained by the department.\n  * NB Effective until December 31, 2028\n  * 3. A cancellation or termination for which notice is required to be\nfiled with the commissioner shall not be effective with respect to\npersons other than the named insured and members of the insured's\nhousehold until the insurer has filed a notice thereof with the\ncommissioner or until another insurance policy covering the same risk\nhas been procured, except that a notice filed with the commissioner, in\nthe format prescribed by the commissioner, shall be effective as of the\ndate certified therein, regardless of whether a suspension order is\nissued pursuant to section three hundred eighteen of this article. A\nreceipt from the department stating that a notice of termination has\nbeen filed shall be deemed conclusive evidence of such filing. An\ninsurer shall cooperate with the commissioner in attempting to identify\npersons not in compliance with this article in cases where the\ninformation reported by the insurer does not correspond with records\nmaintained by the department.\n  * NB Effective December 31, 2028\n  * 4. Notwithstanding any other provision of this article to the\ncontrary, the commissioner shall establish a pilot program to maintain\nan up-to-date insured vehicle identification database to assist in\nidentifying uninsured motor vehicles. Such databases shall be\nimplemented by the department pursuant to standards prescribed by the\ncommissioner or an agent designated by the commissioner which shall seek\ntechnical assistance from affected insurers and the New York Automobile\nInsurance Plan. This program shall utilize all information collected\npursuant to this section and shall also include the following elements:\n  (a) In addition to and in conjunction with the provisions of\nsubdivision two of this section, insurers that write private passenger\nor commercial motor vehicle insurance in this state shall also submit to\nthe department, either electronically or by paper copy, at the option of\nthe department, information that identifies those policies that have\nbeen cancelled, terminated or non-renewed and all policies that have\nbeen issued, the date when such insurance lapses, and any other\ninformation that the commissioner deems necessary to efficiently\nidentify and track uninsured vehicles in this state such as a\npolicyholder's address, policy number, vehicle registration number, and\nvehicle identification number. The department may exempt from such pilot\nprogram the transfer of information on certain classifications of\nvehicles that are in the opinion of the department generally insured and\nwhich it is difficult to identify uninsured vehicles within such\nclassification, such as large commercial vehicle fleets;\n  (b) The department shall forward to each motor vehicle insurer, at\nsuch times as deemed necessary and appropriate by the commissioner, a\nlisting of all the registrants the department has on file as insured\nwith that insurer. Such insurer shall then review the listing within\nthirty days of receipt of the listing and report to the department which\nof the registrants the insurer does not insure;\n  (c) The commissioner shall, in conjunction with the superintendent of\nstate police and local law enforcement officials formulate a means to\nallow such database to be easily accessible to on-duty law enforcement\npersonnel in the performance of their official duties for the purpose of\nverifying whether an operator maintains proper insurance coverage and to\nincrease compliance with the motor vehicle financial security laws under\nthis article and article eight of this title;\n  (d) In developing the mechanism to electronically transfer information\nto the department, the commissioner shall consult with the\nsuperintendent of financial services and insurers to adopt a\nstandardized system of organizing, recording and transferring such\ninformation so as to minimize insurer administrative expenses. The\ncommissioner shall to the maximum extent possible utilize nationally\nrecognized electronic data information systems such as those developed\nby the American National Standards Institute or the American Association\nof Motor Vehicle Administrators;\n  (e)(1) Either simultaneously or after the up-dated database system has\nbeen established, the commissioner shall develop a computer indicator\nthat can be imprinted on a vehicle registration sticker or on a sticker\nto be affixed to the insured's license plate. Such indicator system\nshall enable law enforcement personnel and other authorized persons when\nacting in the course of their official duties to access the department's\ndatabase so that such persons can ascertain whether a vehicle is\nproperly insured or not insured;\n  (2) Such computer indicator system shall enable authorized persons in\nthe performance of their official duties to access information such as\nthe registrant's name, vehicle identification number, name of insurer,\ncurrent status of insurance, vehicle registration number and other\ninformation that the commissioner deems necessary to implement the\nprovisions of this section. The commissioner in developing such computer\nindicator system shall enable authorized persons in the performance of\ntheir official duties to access only such information that is necessary\nto detect uninsured motor vehicles or accomplish other goals clearly\nestablished and authorized by law. Such computer indicator system shall\nbe designed to protect the personal privacy interests of motorists;\n  (f) The commissioner shall maintain an insured vehicle database system\nthat is accurate to within a period of fourteen days and a computer\nindicator system described in paragraph (e) of this subdivision within\ntwenty-four months of the effective date of this subdivision and to\nwithin seven days by January first, two thousand one. The commissioner\nshall submit to the legislature a report within eighteen months from the\ndate this subdivision takes effect which outlines the progress being\nmade to implement such database and computer indicator system. After\nsuch database and computer indicator system is established and put into\noperation, the commissioner shall make recommendations to the\nlegislature to alter, minimize or eliminate the need for the issuance of\ninsurance identification cards, simplify the requirements to demonstrate\nproof of financial security and certificate of insurance currently\nrequired by this article, eliminate the requirement for production of\nproof of financial security to accompany applications for registrations\nor renewals thereof provided that such database indicates that the\nregistrant is insured, and the repeal or modification of section three\nhundred twelve-a of this article. The commissioner shall also make\nrecommendations to the legislature to streamline and shorten the notice\ntermination requirements of subdivisions one, two and three of this\nsection and section three hundred eighteen of this article. Such report\nshall be submitted to the legislature within twelve months from the date\nsuch database and indicator system has been implemented;\n  (g) To minimize the cost of this program, the commissioner, if he\ndeems it necessary and prudent, can initially limit the scope of this\nproject to a select number of vehicle classifications or insurers;\n  (h) Notwithstanding any other provision of law, information obtained\nby the department pursuant to this section shall not be disclosed, used,\nsold, accessed, utilized in any manner or released by the department to\nany person, corporation, or state and local agency, except in response\nto a specific, individual request for such information authorized\npursuant to the federal driver's privacy protection act (18 U.S.C. 2721\net.seq.). The department shall institute measures to ensure that only\nauthorized persons are permitted to access such information for the\npurposes specified by this section. Persons who knowingly release or\ndisclose information from such database for a purpose other than those\ndescribed as authorized by this section or to a person not entitled to\nreceive it shall be guilty of a misdemeanor for each such release or\ndisclosure; and\n  (i) The commissioner may postpone implementation of such pilot\ndatabase and computer indicator system for a period of time not to\nexceed eighteen months if he or she determines that the program is not\nready for implementation. Should the commissioner determine that such\nsystem cannot be implemented during the eighteen months extension, then\nthe commissioner shall report to the legislature the reasons why such\nprogram cannot be implemented and request that the law be amended to\ndelay its implementation date.\n  * NB Effective until December 31, 2028\n  * 4. Notwithstanding any other provision of this article to the\ncontrary, the commissioner shall establish a system for the online\nverification of motor vehicle liability insurance to enable the\ncommissioner to access up-to-date insured vehicle identification\ninformation to assist in identifying uninsured motor vehicles, and shall\nverify motor vehicle owners' policies of liability insurance through the\nutilization of such online verification system. Such online verification\nsystem shall be implemented by the department pursuant to standards\nprescribed by the commissioner who shall seek technical assistance from\naffected insurers and the New York Automobile Insurance Plan. This\nonline verification system shall utilize all information collected\npursuant to this section and shall also include the following elements:\n  (a) Insurers that write private passenger or commercial motor vehicle\ninsurance in this state shall, with respect to every motor vehicle\ninsured by such insurer in the state and in compliance with any rules\nand regulations promulgated by the commissioner for the online\nverification system established pursuant to this subdivision, provide\nthe commissioner access to information that identifies those motor\nvehicle liability insurance policies that have been cancelled,\nterminated or non-renewed and all such policies that have been issued,\nthe date when such insurance lapses, and any other information that the\ncommissioner deems necessary to efficiently identify and track uninsured\nvehicles in this state such as a policyholder's address, policy number,\nvehicle registration number, and vehicle identification number. The\ndepartment may exempt from such online verification system the transfer\nof information on certain classifications of vehicles that are in the\nopinion of the department generally insured and which it is difficult to\nidentify uninsured vehicles within such classification, such as large\ncommercial vehicle fleets;\n  (b) The commissioner shall, in conjunction with the superintendent of\nstate police and local law enforcement officials formulate a means to\nallow information from such online verification system to be easily\naccessible to on-duty law enforcement personnel in the performance of\ntheir official duties for the purpose of verifying whether an operator\nmaintains proper insurance coverage and to increase compliance with the\nmotor vehicle financial security laws under this article and article\neight of this title;\n  (c) In developing the mechanism for such online verification system to\nelectronically transfer information to the department, the commissioner\nshall consult with the superintendent of financial services and insurers\nto adopt a standardized system of organizing, recording and transferring\nsuch information so as to minimize insurer administrative expenses. The\ncommissioner shall to the maximum extent possible utilize nationally\nrecognized electronic data information systems such as those developed\nby the American National Standards Institute or the American Association\nof Motor Vehicle Administrators;\n  (d)(1) Either simultaneously or after the online verification system\nhas been established, the commissioner shall develop a computer\nindicator that can be imprinted on a vehicle registration sticker or on\na sticker to be affixed to the insured's license plate. Such indicator\nsystem shall enable law enforcement personnel and other authorized\npersons when acting in the course of their official duties to access\ninformation in the department's online verification system so that such\npersons can ascertain whether a vehicle is properly insured or not\ninsured;\n  (2) Such computer indicator system shall enable authorized persons in\nthe performance of their official duties to access information such as\nthe registrant's name, vehicle identification number, name of insurer,\ncurrent status of insurance, vehicle registration number and other\ninformation that the commissioner deems necessary to implement the\nprovisions of this section. The commissioner in developing such computer\nindicator system shall enable authorized persons in the performance of\ntheir official duties to access only such information that is necessary\nto detect uninsured motor vehicles or accomplish other goals clearly\nestablished and authorized by law. Such computer indicator system shall\nbe designed to protect the personal privacy interests of motorists;\n  (e) (i) The commissioner shall maintain such online verification\nsystem which shall be accurate to within a period of seven days;\n  (ii) The commissioner shall provide that such online verification\nsystem shall, at a minimum:\n  (1) have the capability for the department to send requests to motor\nvehicle insurers for verification of evidence of a motor vehicle owner's\npolicy of liability insurance as prescribed by this chapter via web\nservices, through the internet, or a similar proprietary or common\ncarrier electronic system, as well as to receive from motor vehicle\ninsurers verification of evidence of a motor vehicle owner's policy of\nliability insurance in a form and manner as prescribed by the\ncommissioner;\n  (2) incorporate information security protections for such system. For\nthe purposes of this section, "information security" shall mean\nprotecting information and information systems from unauthorized access,\nuse, disclosure, disruption, modification, or destruction in order to\nprovide (A) integrity, which shall mean guarding against improper\ninformation modification or destruction, and includes ensuring\ninformation nonrepudiation and authenticity, (B) confidentiality, which\nshall mean preserving authorized restrictions on access and disclosure,\nincluding means for protecting personal privacy and proprietary\ninformation, and (C) availability, which shall mean ensuring timely and\nreliable access to and use of information as authorized by this\nsubdivision;\n  (3) have the capability of being utilized for verification of\nmandatory motor vehicle liability insurance coverage as prescribed by\nthis chapter and the ability to be interfaced, wherever authorized by\nlaw, with existing or future state systems, in a form and manner as\nprescribed by the commissioner;\n  (4) have the capability of enabling the department to make inquiries\nto motor vehicle insurers for evidence of a motor vehicle owner's policy\nof liability insurance as set forth in paragraph (a) of this\nsubdivision;\n  (5) have the capability of responding to each request of the\ndepartment for motor vehicle liability insurance information within an\namount of time determined by the commissioner; and\n  (6) have the capability of responding within the time established;\n  (f) Notwithstanding any other provision of law, information obtained\nby the department pursuant to this section shall not be disclosed, used,\nsold, accessed, utilized in any manner or released by the department to\nany person, corporation, or state and local agency, except in response\nto a specific, individual request for such information authorized\npursuant to the federal driver's privacy protection act (18 U.S.C. 2721\net.seq.). The department shall institute measures to ensure that only\nauthorized persons are permitted to access such information for the\npurposes specified by this section. Persons who knowingly release or\ndisclose information from such online verification system for a purpose\nother than those described as authorized by this section or to a person\nnot entitled to receive it shall be guilty of a misdemeanor for each\nsuch release or disclosure; and\n  (g) Undergo an appropriate testing and pilot period of not less than\none year, after which the commissioner shall certify in writing to the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly that such system is fully operational.\n  * NB Effective December 31, 2028\n
N.Y. ENV Law § 15-0309 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0309
Power to sue
Status: in_force

§ 15-0309. Power to sue.\n  The department may bring actions, suits or proceedings as in its\njudgment may be necessary and proper to enable it to perform any of the\nduties imposed upon it by the provisions of this article as amended or\nto prevent the violation by any person or public corporation of any of\nthe provisions thereof; and may defend such actions, suits or\nproceedings as may arise through the performance of any duties or\nfunctions imposed upon it by the provisions of this article as amended.\n
N.Y. LAB Law § 532 — New York Code / Act LAB / Article 18 / Title 3 / Section 532
Employment districts and offices
Status: in_force

§ 532. Employment districts and offices.  1. Establishment and\nmaintenance. The commissioner may divide the state into such number of\nemployment districts as he finds necessary to carry out the provisions\nof this article and maintain a district office in each of said\ndistricts. The commissioner shall establish such number of local\nemployment offices as he finds necessary, which offices, in addition to\nthe other duties prescribed herein and by the commissioner, shall act as\nfree public employment exchanges.\n  Such exchanges shall provide and maintain special services for\nunskilled workers and public assistance recipients, which services shall\ninclude but not be limited to:  maintenance of current registers of all\nopportunities for employment in which such workers and recipients would\nbe able to engage which are brought to the attention of such exchanges;\nspecial activities to seek out and develop employment opportunities for\nsuch workers and recipients; employment preparation services; and\ncontinued counseling before and after referral of such workers and\nrecipients to employment opportunities.\n  2. Cooperation with other agencies. The commissioner is authorized to\ncooperate with or to enter into agreements with the federal railroad\nretirement board or any other agency of the United States charged with\nthe administration of an unemployment compensation law, with any\npolitical subdivision of this state, or with any private non-profit\norganization, with respect to the establishment, maintenance, and use of\nfree employment service facilities and free public employment offices,\nand as a part of any such agreement the commissioner may accept moneys,\nservices, or quarters as a contribution to the special "employment\nservice account" in the unemployment administration fund.\n
N.Y. VAT Law § 382-B — New York Code / Act VAT / Title 3 / Article 9 / Section 382-B
Service brake system
Status: in_force

§ 382-b. Service brake system.  Every motor vehicle of a passenger car\nor station wagon type, registered in this state and manufactured or\nassembled after June thirtieth, nineteen hundred sixty-seven, and\ndesignated as a nineteen hundred sixty-eight or later model, shall be\nequipped with a service brake system of such design that rupture or\nfailure of an actuating force component of any single brake shall not\nresult in complete loss of braking function.  The braking function may\nbe obtained by hydraulic or other means through the normal service brake\nmechanism.\n  "Actuating force component" as used in this section shall mean the\nbrake master cylinder, brake actuating cylinder, brake line, brake hose,\nor similar components performing like functions if the brake systems are\nother than hydraulic.\n  In the event of rupture or failure of an actuating force component,\nthe unaffected brakes shall be capable of applying an adequate braking\nforce to the vehicle.\n
N.Y. SOS Law § 406 — New York Code / Act SOS / Article 6 / Title 3 / Section 406
Department of social welfare designated as state agency
Status: in_force

§ 406.  Department of social welfare designated as state agency.  The\ndepartment is hereby designated as the agency of the state to administer\nand expend any and all grants of moneys allocated or made available to\nthe state under the provisions of the federal social security act for\nchild welfare services as defined in such act, subject to the provisions\nof such act and rules and regulations established thereunder and to the\nlaws of the state and rules and regulations established by the state\ncomptroller.\n
N.Y. PBA Law § 569-A — New York Code / Act PBA / Article 3 / Title 3 / Section 569-A
Actions against the authority
Status: in_force

§ 569-a. Actions against the authority. 1. In every action against the\nauthority for damages, for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been filed within the time limit established\nby and in compliance with section fifty-e of the general municipal law.\nAn action against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n
N.Y. ENV Law § 11-0327 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0327
Conservation fund advisory board
Status: in_force

§ 11-0327. Conservation fund advisory board.\n  1. Creation of conservation fund advisory board. (a) The conservation\nfund advisory council is hereby continued and reestablished in the\ndepartment to be the conservation fund advisory board, which shall make\nrecommendations to state agencies on state government plans, policies,\nand programs affecting fish and wildlife as more specifically outlined\nbelow. Such board shall be composed of eleven voting members, including\na member designated by the state fish and wildlife management board, a\nmember designated by the New York state conservation council, three\nmembers appointed by the governor, two members appointed by the\ntemporary president of the senate, one member appointed by the minority\nleader of the senate, two members appointed by the speaker of the\nassembly, and one member appointed by the minority leader of the\nassembly. None of the members shall be employees of the department. Of\nthe members appointed by the governor, the temporary president of the\nsenate, the minority leader of the senate, the speaker of the assembly,\nand the minority leader of the assembly, no two shall be residents of\nthe same department of environmental conservation region. Each member\nshall be a resident of the region which that person is appointed to\nrepresent. The board shall be representative of individual and organized\nsportsmen's interests in each region of the state. In addition to these\nvoting members, the commissioner and the chairmen of the senate finance\ncommittee, the senate environmental conservation committee, the assembly\nways and means committee and the assembly committee on environmental\nconservation or their designees shall serve as ex officio, non-voting\nmembers of the advisory board.\n  (b) Persons designated or appointed to the advisory board, excluding\nex officio members, shall have demonstrated a long-standing interest,\nknowledge and experience in fish and wildlife management, including\nhunting or fishing, as evidenced in part by the holding of a valid New\nYork state hunting, fishing or trapping license at the time they are\ndesignated or appointed to such board and for each of the three years\nimmediately preceding their designation or appointment to such board.\nOne member, who may not be an ex officio member, shall be elected\nchairman of the advisory board by a majority vote of the members of such\nboard, excluding ex officio members.\n  (c) The designation or appointment of any person to the advisory\nboard, excluding ex officio members, shall be considered terminated if,\nin the course of any one-year period commencing from the date of their\ndesignation or appointment, such person shall have accrued three\nunexcused absences from meetings of the board. Excuses for absences are\nto be accepted at the discretion of the chairman. In the event of such\ntermination, the resulting vacancy shall be filled as described in\nsubdivision five of this section.\n  2. Meetings of the advisory board. The board shall meet at least\nquarterly at the call of the chairman.\n  3. Duties of the advisory board. The advisory board shall have the\nfollowing powers and duties:\n  (a) To review the allocations and expenditures of the department for\nfish and wildlife purposes as provided in section 11-0303 of this title\nand report to the commissioner by November fifteenth of each year. To\nassist the board in its review, the department shall by September first\nof each year make available to the board, the governor and the\nlegislature current and anticipated income and expenditures for the fish\nand wildlife programs, including planned expenditures by time and\nactivity code for the next fiscal year. Such report shall include the\nfindings of the advisory board regarding such allocations and\nexpenditures, including expenditures and appropriations from the\nconservation fund and the extent to which such expenditures and\nappropriations are consistent with the requirements of state law. The\nreport shall also include recommended maximum annual fees for the\nlicenses and bowhunting and/or muzzle-loading privileges identified in\nsubdivision 3 of section 11-0715 of this article. In recommending such\nfees the board shall consider economic indicators, the status of the\nconservation fund, and such program indicators as it may deem\nappropriate. The commissioner shall submit such report, in its entirety,\nto the governor and the legislature.\n  (b) To make reports and release information from time to time, as it\ndeems necessary, to sportsmen and the general public regarding the\nconservation fund and the fish and wildlife program.\n  (c) To consult with fish and wildlife interests and render annual\nreports to the commissioner on fiscal needs and make recommendations on\nhow such needs shall be met.\n  (d) To assist the department's efforts to expand the available sources\nof income for the conservation fund and advise the department with\nrespect to the needs of various fish and wildlife programs.\n  (e) To adopt, promulgate, amend or rescind suitable procedural rules\nwith respect to the composition, internal organization and functioning\nof the board; and such other rules, regulations and procedures as may be\nnecessary or desirable to effectuate the purposes of this section.\n  (f) To work to encourage both residents and non-residents to hunt,\nfish and trap in New York, and to promote conservation and management of\nNew York's natural resources.\n  4. Advisory board members; expenses. Conservation fund advisory board\nmembers shall receive no salary, but the necessary traveling expenses of\nvoting members when attending meetings of the board shall be paid from\nmoneys appropriated to the board for travel and shall be paid on\nvouchers certified by the chairman of the board upon the audit of the\ncomptroller in the manner provided by law.\n  5. Term of office. All voting members of the board shall serve terms\nof three years. An appointment to fill a vacancy shall be made for the\nremainder of the affected term in the same manner as the original\nappointment was made. Such appointment shall be made within sixty days\nof the date the position becomes vacant.\n  6. State assistance. The commissioner shall, at any time requested by\nthe board, make any and all information readily available to the board\nwhich the board indicates is needed to properly and thoroughly carry out\nits responsibilities. The commissioner shall also make available to the\nboard such secretarial and/or clerical aid reasonably necessary to allow\nthe board to carry out its duties and responsibilities.\n
N.Y. RPT Law § 944 — New York Code / Act RPT / Article 9 / Title 3 / Section 944
Power of county court upon default of collecting officer
Status: in_force

§ 944. Power of county court upon default of collecting officer.  1.\nIf any collecting officer shall neglect or refuse to pay over the moneys\ncollected by him to any of the persons to whom he is required to pay the\nsame by his warrant, or to account for the same as unpaid, upon the\nverified application of the county treasurer stating the facts, the\ncounty court shall make an order directed to the sheriff of the county,\ncommanding him to levy against the property of the collecting officer,\npersonal and real, to raise the amount not accounted for and pay the\nsame to the county treasurer within sixty days from the date of such\norder.\n  2. The sheriff shall levy against such property, and shall pay any\nmoneys received therefrom to the county treasurer, after deducting one\nper centum of the amount collected as his fee. The sheriff shall state\nthe amount collected in his return, which shall be made as in the case\nof an execution, and the county treasurer shall give notice to the city\nor town of any amount which may remain due from such collecting officer.\n  3. The county treasurer shall pay over the moneys received from the\nsheriff in the manner directed by the warrant to the collecting officer;\nprovided, however, that if the entire amount due from the collecting\nofficer shall not be collected on such warrant, the county treasurer\nshall in the case of a town first retain the amount payable to the\ncounty before making any payment to the town.\n  4. If the whole or any part of the amount due from the collecting\nofficer is not thus collected, the county treasurer shall give notice of\nthe amount still due to the mayor of the city or the supervisor of the\ntown, as the case may be. The mayor or supervisor shall cause the\nundertaking of the collecting officer to be prosecuted, and shall be\nentitled to recover thereon the sum due from the collecting officer with\ncosts of the action. The moneys received shall be applied and paid in\nthe same manner as they should have been by the collecting officer.\n
N.Y. ENV Law § 15-0314 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0314
Powers and responsibilities with respect to certain plumbing fixtures
Status: in_force

§ 15-0314. Powers and responsibilities with respect to certain plumbing\n             fixtures.\n  1. On and after the effective date of this section, no individual,\npublic or private corporation, political subdivision, government agency,\ndepartment or bureau of the state, municipality, industry,\nco-partnership, association, firm, trust, estate or other legal entity\nshall, for purposes of use in this state, distribute, sell, offer for\nsale, import or install any sink faucet or lavatory faucet, shower head,\ndrinking water fountain, urinal or water closet, including tank-type\ntoilets, flushometer-tank toilets, flushometer-valve toilets,\nelectromechanical hydraulic toilets, and all other types of toilets that\nuse water and associated flush-valve, if any, unless it shall meet the\nwater saving performance standards as provided for in subdivision two of\nthis section.\n  2. The water saving performance standards for sink and lavatory\nfaucets, shower heads, drinking water fountains, urinals and water\nclosets, including tank-type toilets, flushometer-tank toilets,\nflushometer-valve toilets, electromechanical hydraulic toilets,\ndual-flush toilets and all other types of toilets that use water shall\nbe as follows:\n  (a) for lavatory faucets, at a constant water pressure of sixty pounds\nper square inch, maximum flow shall not exceed 1.5 gallons of water per\nminute (or .25 gallons per cycle for lavatory faucets designed as\nmetering faucets) and provided that those faucet models installed in\npublic buildings must be of a self-closing variety and must be designed\nto limit the discharged flow rate of water to a maximum of .5 gallons\nper minute at a constant water pressure of sixty pounds per square inch\nor must be of the metering type which limit the discharge of water to a\nmaximum of .25 gallons per cycle; and\n  (b) for sink faucets, at a constant water pressure of sixty pounds per\nsquare inch, maximum flow shall not exceed 2.2 gallons of water per\nminute; and\n  (c) for shower heads, at a constant water pressure of eighty pounds\nper square inch, maximum flow shall not exceed 2.0 gallons of water per\nminute; and\n  (d) for urinals and associated flush-valve, if any, maximum flow shall\nnot exceed an average of 0.5 gallons of water per flush (except for\nurinals designated and marketed exclusively for use in prisons or mental\nhealth care facilities); and\n  (e) except for water closets and toilets designed and marketed\nexclusively for use in prisons or mental health care facilities, (1) for\nwater closets and associated flush-valve, if any, maximum flow shall not\nexceed an average of 1.28 gallons of water per flush; (2) for dual-flush\ntank-type water closets, the average of two reduced flushes and one full\nflush shall not exceed 1.28 gallons of water per flush; and (3) for\ndual-flush flushometer-valve water closets, maximum flow shall not\nexceed an average of 1.28 gallons of water per flush; and\n  (f) drinking water fountains must be of a self-closing variety.\n  3. Each shower head, sink or lavatory faucet, both box and product,\nshall be marked and labeled, and each water closet or urinal, or each\ncomponent if the water closet or urinal is comprised of two or more\ncomponents, both box and product, shall be marked and labeled in\naccordance with the latest revision of the standards designated American\nNational Standards, written under American National Standards Institute\n(ANSI), and, as applicable, the following United States Environmental\nProtection Agency watersense program specification: showerheads (July\n26, 2018), tank-type toilets (June 2, 2014), lavatory faucets (October\n1, 2007), flushing urinals ( August 14, 2009), and flushometer-valve\ntoilets (December 17, 2015).\n  4. The commissioner may permit the sale and installation of water\nclosets, blow out toilets and associated flush-valves, if any, which do\nnot meet the standards provided for in subdivision two of this section\nif after application therefor it is determined by the commissioner that\nthe installation of fixtures which meet such standards would be\ndetrimental to the operation of the existing sewerage system or part of\nsuch system, servicing such fixtures.\n  5. The provisions of this section shall not apply to fixtures which\nwere in compliance with this section and other applicable provisions of\nlaw on the date on which they were installed which are removed and\nrelocated to another room or area of the same building or to another\nbuilding owned or leased by the owner of the building from which such\nfixtures were removed after the effective date of this section, nor\nshall they apply to fixtures such as safety showers, bedpan washer\nequipped water closets and aspirator faucets, which, in order to perform\na specialized function, cannot meet the standards specified in\nsubdivision two of this section.\n  6. "Public building" as used in this section, means any building or\nportion thereof, used or controlled by any department or branch of a\nstate or local government, or which is constructed wholly or partially\nthrough state or municipal funds, including tax funds, funds obtained\nthrough bond issues or grants or loans under any state law, which is\nlikely to be used by the public, including, but not limited to theaters,\nconcert halls, auditoriums, museums, schools, libraries, recreation\nfacilities, transportation terminals and stations, factories, office\nbuildings and building establishments. In addition, "public building"\nincludes those facilities such as stores, restaurants and hotels which\nhave restrooms which are open to the public or the clientele of the\nfacility but not including private restrooms which are part of sleeping\nquarters in such a facility. The term "public building" does not include\nprivately owned residential structures, public housing structures, or\npolice, fire or correction structures.\n  7. A violation of the provisions of this section shall be liable for a\npenalty pursuant to section 71-1127 of this chapter.\n  8. The commissioner, to the extent practicable and appropriate, shall\nutilize the latest revision of the standards designated American\nNational Standards, written under American National Standards Institute\n(ANSI) procedures in determining requirements under this section, and,\nas applicable, the following United States Environmental Protection\nAgency watersense program specification: showerheads (July 26, 2018),\ntank-type toilets (June 2, 2014), lavatory faucets (October 1, 2007),\nflushing urinals (August 14, 2009), and flushometer-valve toilets\n(December 17, 2015).\n
N.Y. MDW Law § 120 — New York Code / Act MDW / Article 4 / Title 3 / Section 120
Use of dwelling units in a class A multiple dwelling for other than permanent residence purposes
Status: in_force

§ 120. Use of dwelling units in a class A multiple dwelling for other\nthan permanent residence purposes. 1. Notwithstanding any other\nprovision of law to the contrary, within a class A multiple dwelling to\nwhich this article is applicable the use of dwelling units as a hotel\nfor other than permanent residence purposes, as defined in paragraph a\nof subdivision eight of section four of this chapter, that would\notherwise be prohibited shall be permitted to continue for a period of\ntwo years after the effective date of this section provided that:\n  a. such dwelling units were used for other than permanent residence\npurposes on January first, two thousand nine and on the effective date\nof this subdivision and fifty-one percent or more of the total number of\ndwelling units in such dwelling were used for other than permanent\nresidence purposes on such dates;\n  b. (1) such dwelling was initially constructed as and identified on\nits initial certificate of occupancy as "apartment hotel" or "class A\nhotel" and occupied as a hotel for other than permanent residence\npurposes on December fifteenth, nineteen hundred sixty-one or, if such\ndwelling was under construction and not yet complete on such date, was\noccupied as a hotel for other than permanent residence purposes at the\ntime the dwelling was completed, or (2) such dwelling is in zoning\ndistrict C5 as designated in the New York city zoning resolution and was\ninitially constructed as a hotel for other than permanent residence\npurposes prior to December fifteenth, nineteen hundred sixty-one and\noccupied as a hotel for other than permanent residence purposes on\nDecember fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A)\nis within twelve hundred feet of zoning district C5 as designated in the\nNew York city zoning resolution, (B) was initially constructed as a\nhotel for other than permanent residence purposes in accordance with a\npermit that was issued prior to December fifteenth, nineteen hundred\nsixty-one, and (C) was completed after December fifteenth, nineteen\nhundred sixty-one and was initially occupied as a hotel for other than\npermanent residence purposes;\n  c. such dwelling is of fireproof construction and was of fireproof\nconstruction on January first, two thousand nine;\n  d. such dwelling units used for other than permanent residence\npurposes have at least two lawful means of egress, including exit\nstairs, fire towers or exterior stairs but excluding fire escapes and\nhad such lawful means of egress on January first, two thousand nine;\n  e. such dwelling has operational exist signs and a fire alarm system\ncomplying with the provisions for existing transient occupancies in\naccordance with local law and had such exit signs and fire alarm system\non January first, two thousand nine; and\n  f. such dwelling units used for other than permanent residence\npurposes are registered with the department within one hundred eighty\ndays after the effective date of this section in a form and manner to be\nprovided by such department, including a requirement that the applicant\nsubmit certification of compliance with paragraphs d and e of this\nsubdivision, signed and sealed by a registered architect or licensed\nprofessional engineer in good standing under the education law. The\ndepartment may assess fees to cover all costs associated with such\nregistration. The department may refuse to register dwelling units or\nmay revoke such registration if it determines such dwelling units or\ndwelling do not comply with the conditions for registration set forth in\nparagraphs a through e of this subdivision.\n  2. The owner shall obtain a certificate of occupancy for the use of\nregistered dwelling units for other than permanent residence purposes\nwithin two years after the effective date of this section. Upon\napplication prior to the expiration of such two year period, the\ndepartment may, for good cause, extend such time for up to one\nadditional year but no such extension shall be granted unless the\ndepartment finds that:\n  a. the owner has obtained the necessary permit or permits for all work\nnecessary to bring such dwelling into compliance with the requirements\nof this chapter and all local housing, building and fire codes for the\nuse of dwelling units for other than permanent residence purposes;\n  b. all construction authorized by such permit or permits has been\nsubstantially completed; and\n  c. there are no considerations of public safety, health and welfare\nthat have become apparent since the issuance of the above described\npermit or permits that indicate an overriding benefit to the public in\nenforcing the requirement that the applicant obtain a certificate of\noccupancy for the use of registered dwelling units for other than\npermanent residence purposes within two years after the effective date\nof this section.\n  3. Upon application prior to the expiration of the time for obtaining\na certificate of occupancy, as extended by the department pursuant to\nsubdivision two of this section, the board of standards and appeals may\ngrant a further extension of time to obtain a certificate of occupancy\nin a case where there are circumstances beyond the applicant's control\nor hardship in the way of obtaining such certificate within the time\nallowed by the department but no more than one such extension of fifteen\nmonths shall be granted for a building and no such extension shall be\ngranted unless the board finds that there are no outstanding building or\nfire code violations of record at the property.\n  4. The department shall issue such certificate of occupancy upon proof\nthat said dwelling conforms in all respects to the requirements of this\nchapter and all local housing, building and fire codes for the use of\ndwelling units for other than permanent residence purposes. If no such\ncertificate of occupancy is issued within two years after the effective\ndate of this section or, if applicable, within the time as extended by\nthe department or as further extended by the board of standards and\nappeals, all use of dwelling units for other than permanent residence\npurposes shall thereafter cease.\n  5. If after a certificate of occupancy is issued pursuant to\nsubdivision four of this section, the use of such dwelling units for\nother than permanent residence purposes is discontinued, nothing in this\nsection shall be construed to limit the application of the local zoning\nresolution with respect to such discontinuance.\n
N.Y. GOB Law § 5-322 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-322
Agreements exempting caterers and catering establishments from liability for negligence void and unenforceable
Status: in_force

§ 5-322. Agreements exempting caterers and catering establishments\nfrom liability for negligence void and unenforceable. Every covenant,\nagreement or understanding in or in connection with or collateral to any\ncontract entered into with any caterer or catering establishment\nexempting the said caterer or catering establishment from liability for\ndamages caused by or resulting from the negligence of the caterer or\ncatering establishment, his agents, servants, employees or patrons at\nthe affair contracted therefor, shall be deemed to be void as against\npublic policy and wholly unenforceable.\n
N.Y. ELN Law § 3-304 — New York Code / Act ELN / Article 3 / Title 3 / Section 3-304
Board employees; conflicts of interest
Status: in_force

§ 3-304. Board employees; conflicts of interest. 1. No board of\nelections employee shall engage in or participate in any trade or\nbusiness which creates, or may tend to create, an actual or potential\nconflict of interest. No board of elections employee shall maintain a\ndirect financial interest in or be employed by a vendor or a company\nproviding services to a candidate who has an election overseen by such\nemployee's office, including but not limited to, printing companies,\nelection consulting companies, direct mail companies and digital\nmarketing companies. No board of elections employee shall maintain a\ndirect financial interest in or be employed by a vendor or company that\nsells to the board voting machines, electronic poll books, printers or\nother technical or electronic equipment. A violation of any of the\nprovisions of this subdivision shall be cause for discipline by the\nboard of elections, including removal of the board of elections\nemployee.\n  2. No board of elections employee shall remain on the board of\nelections payroll while also a candidate for an office who has an\nelection overseen by the board at which they are employed, without prior\nauthorization by a majority vote of the board of elections commissioners\nand in accordance with the rules and regulations of the state board.\n  (a) The state board shall promulgate rules and regulations relating to\nthe circumstances that may permit a board of elections to authorize an\nemployee who is also a candidate for an office who has an election\noverseen by the board at which they are employed to remain employed,\nprovided that such employee be restricted from working on matters\ndirectly related to the election in the jurisdiction in which the\nemployee is a candidate and any other restrictions set forth by state\nboard rules and regulations.\n  (b) For the purposes of this article, a board of elections employee\nshall be deemed a candidate for elective office upon the filing of a\ndesignating or nominating petition for such office or, where nominations\nfor such office are made other than by petition, upon acceptance of a\nnomination. Such employee may remain in "leave without pay" status until\nsuch time as their candidacy shall cease, or upon the day following the\ncertification of election results for such office, whichever comes\nfirst.\n  (c) Notwithstanding the provisions of this section, when there are no\nprimary elections for the office being sought by a candidate that is\nemployed by the board of elections, that candidate may remain on the\nboard of elections payroll for no more than ninety days prior to a\ngeneral election.\n  (d) The provisions of this subdivision shall not apply to unpaid party\npositions.\n  3. It shall not be considered a conflict of interest for a board of\nelections employee who is a member of a county committee as defined in\nsection 2-104 of this chapter, a district leader as outlined in section\n2-110 of this chapter, a member of the state committee as described in\nsection 2-102 of this chapter, a delegate or an alternate delegate to\njudicial district nominating conventions as described in section 6-124\nof this chapter, or a delegate or an alternate delegate to national\nparty conventions as described in section 2-122 of this chapter who, as\npart of their duties in said party position, endorses or supports a\ncandidate for a party position or public office.\n
N.Y. LFN Law § 35.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 35.00
Bond resolution subject to referendum; towns
Status: in_force

§ 35.00 Bond resolution subject to referendum; towns. a. A bond\nresolution adopted by the finance board of any town for the purpose of\nfinancing a town highway improvement shall be subject to a permissive\nreferendum or such resolution may be submitted to a referendum by such\nfinance board on its own motion, in the manner prescribed in article\nseven of the town law, as amended from time to time, if no part of the\ncost of any such improvement is be paid by the county, or by the state,\nas provided in the highway law or is to be levied against property\nsituated within any incorporated village in such town. Notwithstanding\nthe foregoing provisions of this paragraph, a bond resolution or\nresolutions adopted by the finance board of any town authorizing the\nissuance of bonds for any such town highway improvement or improvements\nto the extent of not to exceed fifteen thousand dollars in the aggregate\nin any fiscal year of the town shall not be subject to such permissive\nreferendum if the bonds have a proposed maturity of not more than five\nyears to be measured from the date of the bonds or from the date of the\nfirst bond anticipation note issued in anticipation of sale of such\nbonds, whichever date is the earlier. Furthermore, the foregoing\nprovisions of this paragraph shall not apply to a bond resolution\nauthorizing the issuance of bonds to finance improvements undertaken\npursuant to either section two hundred or section two hundred-a of the\ntown law, as amended from time to time.\n  b. Except as otherwise provided in paragraph a of this section,\n  1. A bond resolution adopted by the finance board of a town shall be\nsubject to a permissive referendum or such resolution may be submitted\nto a referendum by such finance board on its own motion, in the manner\nprescribed in article seven of the town law, as amended from time to\ntime.\n  The foregoing provisions of this paragraph b shall not apply to a bond\nresolution authorizing the issuance of bonds:\n  (1) With a proposed maturity of not more than five years to be\nmeasured from the date of the bonds or from the date of the first bond\nanticipation note issued in anticipation of the sale of such bonds,\nwhichever date is the earlier.\n  (2) For any district or special improvement authorized by articles\nthree-A, twelve, twelve-A and twelve-C of the town law, as amended from\ntime to time, or for any such improvement authorized by any other\ngeneral or special law where the cost thereof is to be assessed upon\nbenefitted real property except for a bond resolution adopted by the\nfinance board of the Town of Oyster Bay for the purpose of financing an\noriginal capital improvement for an existing park district in said town,\nwhere the estimated maximum cost of such improvement shall be two\nmillion or more.\n  (3) For the construction, pavement or other improvement of a street or\nhighway through such town, the cost of which is to be paid in part by\nsuch town and in part by the county or state, as provided in the highway\nlaw, as amended from time to time.\n  (4) For the payment of judgments, or compromised or settled claims\nagainst such town, or awards or sums payable by such town pursuant to a\ndetermination by a court, or an officer, body or agency acting in an\nadministrative or quasi-judicial capacity.\n  c. The expenditure of money for which it is proposed to issue\nobligations shall not be subject to a permissive or mandatory referendum\nin any town.\n  d. The provisions of paragraphs a and b of this section shall not\napply to any bond resolution which authorizes the issuance of bonds for\nthe reconstruction of a bridge, tunnel, viaduct or underpass or for the\nreconstruction or repair of a highway, road, street, parkway or parking\narea, whether or not including sidewalks, curbs, gutters, drainage,\nlandscaping or grading, if (1) such reconstruction or repair is\nnecessitated by a storm, flood, earthquake or other unforeseeable\ndisaster and (2) the county superintendent of highways certifies that\nsuch work should be commenced within eight months after such disaster in\norder to prevent unusual peril to the lives and property of the citizens\nof the town and (3) such bond resolution has been adopted within eight\nmonths after such disaster.\n
N.Y. ELN Law § 8-302 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-302
Voting; verification of registration
Status: in_force

§ 8-302. Voting; verification of registration. 1. At all elections\nheld pursuant to the provisions of this chapter two inspectors\nrepresenting different political parties shall act together at all times\nin supervising the use of the registration records and in verifying the\nrights of persons to vote on the basis of such records.\n  2. The voter shall give the voter's name and the voter's residence\naddress to the inspectors. An inspector shall then loudly and distinctly\nannounce the name and residence of the voter.\n  2-a. If a voter's name appears in the ledger or computer generated\nregistration list with a notation indicating that the board of elections\nhas issued the voter an early mail, absentee, military or special\nballot, such voter shall not be permitted to vote on a voting machine at\nan early voting site or on election day but may vote by affidavit\nballot.\n  2-b. (a) If a voter's name appears in the ledger or computer generated\nregistration list with a notation indicating that the voter's identity\nwas not yet verified as required by the federal Help America Vote Act,\nthe inspector shall require that the voter produce one of the following\ntypes of identification before permitting the voter to cast his or her\nvote on the voting machine:\n  (i) a driver's license or department of motor vehicles non-driver\nphoto ID card or other current and valid photo identification;\n  (ii) a copy of a current utility bill, bank statement, government\ncheck, paycheck or other government document that shows the name and\naddress of the voter.\n  (b) If the voter produces an identification document listed in\nparagraph (a) of this subdivision, the inspector shall indicate so in\nthe ledger or computer generated registration list, the voter will be\ndeemed verified as required by the federal Help America Vote Act and the\nvoter shall be permitted to cast his or her vote on the voting machine.\n  (c) If the voter does not produce an identification document listed in\nparagraph (a) of this subdivision, the voter shall only be entitled to\nvote by affidavit ballot unless a court order provides otherwise.\n  3. (a) If an applicant is challenged, the board, without delay, shall\neither enter his name in the second section of the challenge report\ntogether with the other entries required to be made in such section\nopposite the applicant's name or make an entry next to the voter's name\nin the computer generated registration list or in the place provided in\nthe computer generated registration list.\n  (b) A person who claims to have moved to a new address within the\nelection district in which he or she is registered to vote shall be\npermitted to vote in the same manner as other voters unless challenged\non other grounds. The inspectors shall enter the names and new addresses\nof all such persons in either the first section of the challenge report\nor in the place provided in the computer generated registration list and\nshall also enter the new address next to such person's address on such\ncomputer generated registration list. When the registration poll records\nof persons who have voted from new addresses within the same election\ndistrict are returned to the board of elections, such board shall change\nthe addresses on the face of such registration poll records without\ncompletely obliterating the old addresses and shall enter such new\naddresses and the new addresses for any such persons whose names were in\ncomputer generated registration lists into its computer records for such\npersons.\n  (c) A person who claims a changed name shall be permitted to vote in\nthe same manner as other voters unless challenged on other grounds. The\ninspectors shall either enter the names of all such persons in the first\nsection of the challenge report or in the place provided in the computer\ngenerated registration list, in the form in which they are registered,\nfollowed in parentheses by the name as changed or enter the name as\nchanged next to such voter's name on the computer generated registration\nlist. The voter shall sign first on the registration poll record or in\nthe computer generated registration list, the name under which the voter\nis registered and, immediately above it, the new name, provided that in\nsuch registration list, the new name may be signed in the place\nprovided. When the registration poll record of a person who has voted\nunder a new name is returned to the board of elections, such board shall\nchange the voter's name on the face of each registration record without\ncompletely obliterating the old one, and thereafter such person shall\nvote only under his or her new name. If a voter has signed a new name in\na computer generated registration list, such board shall enter such\nvoter's new name and new signature in such voter's computer record.\n  (d) If an applicant requests assistance in voting and qualifies\ntherefor, the board shall provide assistance as directed by this\nchapter, and shall without delay either enter such applicant's name and\nthe other entries required in the third section of the challenge report\nor make an entry next to such applicant's name in the computer generated\nregistration list or in the place provided in such registration list.\n  (e) Whenever a voter presents himself or herself and offers to cast a\nballot, and he or she claims to live in the election district in which\nhe or she seeks to vote but no registration poll record can be found for\nhim or her in the poll ledger or his or her name does not appear in the\ncomputer generated registration list or his or her signature does not\nappear next to his or her name in such registration list or his or her\nregistration poll record or the computer generated registration list\ndoes not show him or her to be enrolled in the party in which he or she\nclaims to be enrolled, a poll clerk or election inspector shall consult\na map, street finder or other description of all of the polling places\nand election districts within the political subdivision in which said\nelection district is located and if necessary, contact the board of\nelections to obtain the relevant information and advise the voter of the\ncorrect polling place and election district for the residence address\nprovided by the voter to such poll clerk or election inspector.\nThereafter, such voter shall be permitted to vote in said election\ndistrict only as hereinafter provided:\n  (i) He or she may present a court order requiring that he or she be\npermitted to vote. At a primary election, such a court order must\nspecify the party in which the voter is permitted to vote. The voter\nshall be required to sign their full name on top of the first page of\nsuch order, together with the voter's registration serial number, if\nany, and the voter's name and the other entries required shall then be\nentered without delay in the fourth section of the challenge report or\nin the place provided in the computer generated registration list, or,\nif such person's name appears on such registration list, the board of\nelections may provide a place to make such entry next to his or her name\non such list. The voter shall then be permitted to vote in the manner\notherwise prescribed for voters whose registration poll records are\nfound in the ledger or whose names are found on the computer generated\nregistration list; or\n  (ii) They may swear to and subscribe an affidavit stating that they\nhave duly registered to vote, the address in such election district from\nwhich they registered, that they remain a duly qualified voter in such\nelection district, that their registration poll record appears to be\nlost or misplaced or that their name and/or their signature was omitted\nfrom the computer generated registration list or such record indicates\nthe voter already voted when they did not do so or that they have moved\nwithin New York state since they last registered, the address from which\nthey were previously registered and the address at which they currently\nreside, and at a primary election, the party in which they are enrolled,\nor that such voter is eligible to vote pursuant to section 8-604 of this\narticle. The inspectors of election shall offer such an affidavit to\neach such voter whose residence address is in such election district.\nEach such affidavit shall be in a form prescribed by the state board of\nelections, shall be printed on an envelope of the size and quality used\nfor an early mail ballot envelope, and shall contain an acknowledgment\nthat the affiant understands that any false statement made therein is\nperjury punishable according to law. Such form prescribed by the state\nboard of elections shall request information required to register such\nvoter should the county board determine that such voter is not yet\nregistered and shall constitute an application to register to vote. The\nvoter's name and the entries required shall then be entered without\ndelay and without further inquiry in the fourth section of the challenge\nreport or in the place provided in the computer generated registration\nlist, with the notation that the voter has executed the affidavit\nhereinabove prescribed, or, if such person's name appears in such\nregistration list, the board of elections may provide a place to make\nsuch entry next to their name in such list. The voter shall then,\nwithout further inquiry, be permitted to vote an affidavit ballot\nprovided for by this chapter. Such ballot shall thereupon be placed in\nthe envelope containing their affidavit, and the envelope sealed and\nreturned to the board of elections in the manner provided by this\nchapter for protested official ballots, including a statement of the\nnumber of such ballots. If a voter registration application for a voter\nwho casts an affidavit ballot pursuant to this subparagraph was received\nby a board of elections by the tenth day prior to the election, the\nboard shall cast and count an affidavit ballot from such voter, if\notherwise valid, notwithstanding the fact that the voter's name was\nomitted from a registration poll record or list of registered voters.\n  3-a. The inspectors shall also give to every person whose address is\nin such election district for whom no registration poll record can be\nfound and, in a primary election, to every voter whose registration poll\nrecord does not show him to be enrolled in the party in which he wishes\nto be enrolled or who claims to be incorrectly identified as having\nalready voted, a copy of a notice, in a form prescribed by the state\nboard of elections, advising such person of his right to, and of the\nprocedures by which he may, cast an affidavit ballot or seek a court\norder permitting him to vote, and shall also give every such person who\ndoes not cast an affidavit ballot, an application for registration by\nmail.\n  3-b. In every election district in which the candidates for any office\nor position in a primary election have been assigned numbers by the\nboard of elections because of identical or similar names, the inspectors\nshall also give to every person eligible to vote in such primary, a copy\nof a leaflet prepared by the board of elections which contains\nbiographical information about such candidates.\n  3-c. At the time that an individual casts an affidavit ballot, the\nappropriate state or local election official shall give the individual\nwritten information that states that any individual who casts an\naffidavit ballot will be able to ascertain under the system established\nunder subdivision four of section 9-212 of this chapter whether the vote\nwas counted, and, if the vote was not counted, the reason that the vote\nwas not counted.\n  4. At a primary election, a voter whose registration poll record is in\nthe ledger or computer generated registration list shall be permitted to\nvote only in the primary of the party in which such record shows the\nvoter to be enrolled unless the voter shall present a court order\npursuant to the provisions of subparagraph (i) of paragraph (e) of\nsubdivision three of this section requiring that the voter be permitted\nto vote in the primary of another party, or unless the voter shall\npresent a certificate of enrollment issued by the board of elections,\nnot earlier than one month before such primary election, pursuant to the\nprovisions of this chapter which certifies that the voter is enrolled in\na party other than the one in which such record shows the voter to be\nenrolled, or unless he or she shall subscribe an affidavit pursuant to\nthe provisions of subparagraph (ii) of paragraph (e) of subdivision\nthree of this section.\n  5. Except for voters unable to sign their names, no person shall be\npermitted to vote without first identifying himself or herself as\nrequired by this chapter.\n
N.Y. ELN Law § 11-300 — New York Code / Act ELN / Article 11 / Title 3 / Section 11-300
Special ballots on account of religious scruples
Status: in_force

§ 11-300. Special ballots on account of religious scruples. A voter\nmay deliver to the inspectors of election of the election district in\nwhich he is registered, or to the board of elections, at any time during\nthe period in which an application for early mail or absentee ballot may\nbe so delivered pursuant to the provisions of this chapter, a written\nstatement of religious scruples against voting at a polling place\nlocated in a premises used for religious purposes. In the event the\npolling place for any such voter's election district shall be located in\na premises used for religious purposes, the board of elections shall\npermit such voter to cast a special ballot, at an office of such board\nof elections, not earlier than one week before the election and not\nlater than the close of the polls on election day. Such ballots shall be\nretained at the board of elections and cast and canvassed pursuant to\nthe provisions of section 9-209 of this chapter.\n
N.Y. SOS Law § 159 — New York Code / Act SOS / Article 5 / Title 3 / Section 159
Safety net assistance
Status: in_force

§ 159. Safety net assistance. 1. Safety net assistance shall be\nprovided in amounts determined in accordance with article five and,\nwhere applicable, section one hundred seventeen of this chapter in the\nfollowing manner.\n  (a) Cash assistance. Safety net assistance shall be granted in cash\nprovided, however, that where the granting of cash may be deemed\ninappropriate by the social services district because of an inability to\nmanage funds, or because less expensive or more easily controlled\nalternative methods of payment are available, or in the case of vendor\npayments to landlords made for individuals residing in public housing or\nfor similar other reasons as established by department regulations, or\nwhere an individual has so requested, safety net assistance may be\ngranted in whole or in part by restricted payment.\n  (b) Non-cash assistance. Safety net assistance paid as non-cash\nassistance shall be paid in the following manner and in the following\norder:\n  (i) Shelter assistance. A district shall make a payment for shelter by\ndirect payment, two-party check or other form of restricted payment up\nto the maximum amount established by the department in regulation,\nprovided that a district may make a payment for a recipient's assistance\nin excess of such maximum at the request of the recipient. Payments for\nshelter pursuant to this subparagraph shall be subject to the provisions\nof section one hundred forty-three-b of this chapter. A district shall\nmake payment for shelter by two-party check upon request of the\nrecipient; provided, however, that the district may make a direct\npayment whenever it finds that the recipient has persistently failed to\nmake payment for rent without good cause as defined by regulations of\nthe department. A district shall provide a recipient with proof of\npayment promptly upon request by the recipient.\n  (ii) Utility assistance. A social services district shall make a\ndirect payment, a payment by two party check or other form of restricted\npayment on behalf of recipients of safety net assistance who pay\nseparately for utilities. Payment for utilities shall include payment\nfor fuel for heating on behalf of recipients who are eligible for a fuel\nfor heating allowance pursuant to section one hundred thirty-one-a of\nthis article and the department's regulations. Payments for fuel for\nheating shall not exceed the fuel for heating allowance except that a\ndistrict may make a payment in excess of such amount at the request of\nthe recipient. A district shall provide a recipient with proof of\npayment promptly upon request by the recipient.\n  (iii) Personal needs allowance. To the extent available within payment\namounts authorized by sections one hundred seventeen, where applicable,\nand one hundred thirty-one-a of this chapter, a social services district\nshall provide each household with a personal needs allowance equal to\ntwenty percent of the sum of the monthly standard of payment determined\nin accordance with the schedule contained in paragraph (a) of\nsubdivision three of section one hundred thirty-one-a of this article\nand the appropriate amount of home energy grant and supplemental home\nenergy grant as determined by the schedules in subdivisions three-c and\nthree-d of section one hundred thirty-one-a of this article, for the\nappropriate household size.\n  (iv) Other assistance. The remainder of the safety net assistance\nshall be provided on a non-cash basis, provided that an appropriate\nelectronic benefit transfer system is operating in accordance with\nsection twenty-one-a of this chapter in the social services district in\nwhich the recipient resides.\n  2. Persons eligible for safety net assistance because they are persons\ndescribed in paragraph (b) or (d) of subdivision one of section one\nhundred fifty-eight of this title shall receive cash assistance, as\ndefined in subdivision one of this section, for two years in a lifetime,\nwhether or not consecutive, after the fourth day of August, nineteen\nhundred ninety-seven. On or after the first day of December, nineteen\nhundred ninety-nine, persons who are eligible for safety net assistance\nbut who have received cash assistance for two years or more shall\nreceive assistance only in the form of non-cash assistance. A person may\nreceive cash assistance in excess of two years if the person is\notherwise eligible for safety net assistance but the social services\ndistrict in which the person resides has not yet implemented a non-cash\nassistance program. Persons who would otherwise be eligible for cash\nassistance pursuant to this subdivision who are referred to treatment\npursuant to section one hundred thirty-two of this article or reside in\na family where an adult or head of household has been referred to\ntreatment shall receive assistance in the form of non-cash assistance.\n  3. Persons eligible for safety net assistance because they are persons\ndescribed in paragraph (a) of subdivision one of section one hundred\nfifty-eight of this title shall receive assistance in the form of\nnon-cash assistance.\n  4. Persons eligible for safety net assistance because they are persons\ndescribed in paragraphs (c), (e) and (f) of subdivision one of section\none hundred fifty-eight of this title shall receive assistance in the\nform of non-cash assistance.\n  5. Persons eligible for safety net assistance because they are persons\ndescribed in paragraph (g) of subdivision one of section one hundred\nfifty-eight of this title shall receive cash assistance in the safety\nnet program for two years in a lifetime, whether or not consecutive,\nafter the fourth day of August, nineteen hundred ninety-seven. On or\nafter the first day of December, nineteen hundred ninety-nine, persons\nwho are eligible for safety net assistance but have received cash\nassistance for two years or more in the safety net program shall receive\nassistance only in the form of non-cash assistance. A person may receive\ncash assistance in excess of two years if the person is otherwise\neligible for safety net assistance but the social services district in\nwhich the person resides has not implemented a non-cash program.\n  6. In calculating the period of cash assistance for new residents of\nthe state, periods in which they received reduced safety net assistance\nbenefits pursuant to section one hundred seventeen of this chapter shall\nbe included. In calculating the period of cash assistance, periods in\nwhich a recipient received federally funded refugee assistance shall be\nincluded.\n  7. (a) Notwithstanding subdivisions two and three of this section,\nadults eligible for safety net assistance who are exempt from the\nemployment requirements contained in title nine-B of this article\npursuant to section three hundred thirty-two of such article shall\nreceive cash assistance, unless the adult has been determined to be\nabusing illegal substances or engaged in habitual consumption of\nalcohol.\n  (b) Notwithstanding subdivisions two and three of this section, adults\neligible for safety net assistance who are also eligible to receive\ncomprehensive health care services through a special needs plan defined\nin paragraph (n) of subdivision one of section three hundred\nsixty-four-j of this chapter shall receive cash assistance, regardless\nof whether such a plan is operating in the district in which they\nreside. An adult who would be eligible to receive such services through\nsuch a special needs plan but for the application of paragraph (d) of\nsubdivision three of section three hundred sixty-four-j of this chapter\nshall also receive cash assistance.\n  8. Social services districts shall provide non-cash assistance to\npersons eligible for safety net assistance because they are persons\ndescribed in paragraphs (b) and (d) of subdivision one of section one\nhundred fifty-eight of this title, who have received cash assistance for\ntwo years or more, on or after the first day of December, nineteen\nhundred ninety-nine. Social services districts shall provide non-cash\nassistance for persons described in paragraph (a) of subdivision one of\nsection one hundred fifty-eight of this title on or after the first day\nof December, two thousand. However, social services districts shall not\nimplement subparagraph (iv) of paragraph (b) of subdivision one of this\nsection until an appropriate electronic benefit transfer system is\noperating in the district.\n  9. Notwithstanding subdivision eight of this section or any other\ninconsistent provision of this section, the department may approve up to\nfive social services districts to provide non-cash assistance to persons\ndescribed in paragraphs (b), (d) and (g) of subdivision one of section\none hundred fifty-eight of this title who have received cash assistance\nfor two years, beginning the first day of December, nineteen hundred\nninety-eight, provided that an appropriate electronic benefit transfer\nsystem is operating in the district.\n  10. Social services district providing safety net assistance to\npersons receiving care as defined in paragraphs (c), (d) and (e) of\nsubdivision three of section two hundred nine of the social services law\nshall pay such facility at the rate provided for care and maintenance\nunder the supplemental security income program for beneficiaries of that\nprogram in the same facility, less the amount of any personal needs\nallowance included in the supplemental security program. In addition,\nsocial services districts shall provide such persons receiving safety\nnet assistance with a personal needs allowance in the amount included in\nthe supplemental security payment level as a personal needs allowance\nfor recipients of that program residing in the particular facility.\n  11. The provisions of section three hundred forty-nine-a of this\narticle, with respect to victims of domestic violence, shall apply to\napplicants for and recipients of safety net assistance to the same\nextent as it applies to applicants for and recipients of family\nassistance.\n  12. To the extent allowable under federal law and to the extent that\nthe state has spending sufficient to exceed the federally required\nmaintenance of effort for the temporary assistance for needy families\nblock grant, the office of temporary and disability assistance may\nmaximize the state's work participation rate by targeting safety net\nassistance payments utilized to meet the federally required maintenance\nof effort for the temporary assistance for needy families block grant to\nsafety net assistance cases that are not exempt from work activities,\nthat have not been in sanction status for over three months, and that do\nnot include two parents who are eligible for assistance who live in the\nsame dwelling unit, or to other categories of cases, as defined by the\noffice of temporary and disability assistance, that have no other\npotential impediments to participating in countable federal work\nactivities.\n
N.Y. ELN Law § 8-303 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-303
Initial voter identification
Status: in_force

§ 8-303. Initial voter identification. 1. Applicability. Each board of\nelections, in a uniform and nondiscriminatory manner, shall require a\nvoter to meet the requirements of subdivision two of this section if:\n  (a) the individual registered to vote in a jurisdiction by mail on or\nafter January first, two thousand three; and\n  (b) the individual has not previously voted in an election for federal\noffice in the jurisdiction of the board of elections.\n  2. Requirements. (a) In general. An individual meets the requirements\nof this subdivision if the individual:\n  (1) in the case of an individual who votes in person: (i) presents to\nthe appropriate election inspector, clerk or coordinator a current and\nvalid photo identification; or\n  (ii) presents to the appropriate election inspector, clerk or\ncoordinator a copy of a current utility bill, bank statement, government\ncheck, paycheck, or other government document that shows the name and\naddress of the voter; or\n  (2) in the case of an individual who votes by mail, submits in the\nouter envelope with the envelope containing the ballot: (i) a copy of a\ncurrent and valid photo identification; or\n  (ii) a copy of a current utility bill, bank statement, government\ncheck, paycheck, or other government document that shows the name and\naddress of the voter.\n  (b) Fail-safe voting. (1) An individual who desires to vote in person,\nbut who does not meet the requirements of subparagraph one of paragraph\n(a) of this subdivision, may cast an affidavit ballot, and\nnotwithstanding this section of law, such affidavit ballot shall be duly\ncast and counted, even though such individual does not meet the\nrequirements of subparagraph one of paragraph (a) of this subdivision,\nprovided such individual casting such ballot is an otherwise eligible\nvoter pursuant to law, provided further that such ballot otherwise\ncomplies with the requirements of law.\n  (2) An individual who desires to vote by mail but who does not meet\nthe requirements of subparagraph two of paragraph (a) of this\nsubdivision may cast such a ballot by mail and such ballot shall be duly\ncast and counted, notwithstanding this section, provided the voter is\ndetermined to be an eligible voter and provided further that such ballot\notherwise complies with the requirements of law.\n  3. Inapplicability. Subdivisions one and two of this section shall not\napply in the case of a person: (a) who registers to vote by mail and\nsubmits as part of such registration either:\n  (1) a copy of a current and valid photo identification; or\n  (2) a copy of a current utility bill, bank statement, government\ncheck, paycheck, or government document that shows the name and address\nof the voter;\n  (b) (1) who registers to vote by mail and submits with such\nregistration either:\n  (i) a driver's license or a department of motor vehicles non-driver\nphoto ID number; or\n  (ii) at least the last four digits of the individual's social security\nnumber; and\n  (2) with respect to whom a local board of elections matches the\ninformation submitted under subparagraph one of this paragraph with an\nexisting state identification record bearing the number, name and date\nof birth of such voter; or\n  (c) who is: (1) entitled to vote by absentee ballot under the\nUniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1\net seq.);\n  (2) provided the right to vote otherwise than in person under section\n3 (b) (2) (B) (ii) of the Voting Accessibility for the Elderly and\nHandicapped Act (42 U.S.C. 1973ee-1 (b) (2) (B) (ii)); or\n  (3) entitled to vote otherwise than in person under any other federal\nlaw.\n
N.Y. VAT Law § 399-E — New York Code / Act VAT / Title 3 / Article 12-B / Section 399-E
Standards for course approval
Status: in_force

§ 399-e. Standards for course approval. 1. To be approved, a course\nmust:\n  (a) Have been given for at least two years by the applicant agency or\norganization prior to the submission of an application.\n  * (b) Provide at least three hundred twenty minutes of instruction,\nwith a certified instructor present. The requirement that a certified\ninstructor be present shall not be applicable to a program approved\npursuant to article twelve-C of this title. Nothing in this section\nshall prevent the use of audio/visual aids as part of the course\npresentation prescribed by the commissioner.\n  * NB Effective until April 1, 2028\n  * (b) Provide at least three hundred twenty minutes of instruction,\nwith a certified instructor present. Nothing in this section shall\nprevent the use of audio/visual aids as part of the course presentation\nprescribed by the commissioner.\n  * NB Effective April 1, 2028\n  (c) Provide a description of the minimum qualifications of all\nmanagers and instructors who will be hired by the applicant.\n  (d) Provide each instructor with an instructor's manual and provide\nstudent workbooks and/or manuals for each course participant.\n  (e) Provide a copy of a completion certificate which is designed to\nprevent and is capable of preventing fraud and forgery, and which is\napproved by the commissioner for the purpose of verifying course\ncompletion for submission to insurance companies.\n  (f) Provide proof of effectiveness pursuant to section three hundred\nninety-nine-f of this article.\n  2. The commissioner is authorized to suspend or revoke approval of a\nsponsoring agency should the commissioner find that the sponsoring\nagency, its delivery agency or its instructors have been found to be in\nviolation of any applicable laws or regulations.\n
N.Y. RSS Law § 317-B — New York Code / Act RSS / Article 8 / Title 3 / Section 317-B
Amortization of a portion of the bills for participating employers for the two thousand four--two thousand five fiscal year
Status: in_force

§ 317-b. Amortization of a portion of the bills for participating\nemployers for the two thousand four--two thousand five fiscal year. a.\nIf the comptroller, in his or her discretion, decides to permit\namortization of employer contributions, then, on or about October\nfifteenth, two thousand three, on the basis of the annual actuarial\nvaluation provided for in this chapter, the comptroller shall determine\nthe amount (exclusive of payments for group term life insurance,\ndeficiency payments, adjustments relating to prior fiscal years'\nobligations and obligations pertaining to retirement incentives or any\nother obligations that a participating employer is permitted to pay on\nan amortized basis) of the annual contribution for a participating\nemployer pursuant to section three hundred twenty-three-a of this\narticle due for the fiscal year ending March thirty-first, two thousand\nfive, as of December fifteenth, two thousand four. The amount by which\nsuch contribution exceeds seven percent of the estimated pensionable\nsalary base for the fiscal year ending March thirty-first, two thousand\nfive shall be the "amount eligible for amortization". The "amount\neligible for amortization" may be amortized over a ten-year period at\neight percent interest per annum, with the first of ten equal payments\npayable on February first, two thousand six, provided, however, that on\nor before September first, two thousand four the comptroller, in his or\nher discretion, may establish a fixed rate of interest per annum to be\napplied to the amounts eligible for amortization of all employers, which\nmore closely approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers.\n  b. A participating employer, may, in lieu of paying its entire\nFebruary first, two thousand five bill, pay a lesser amount on February\nfirst, two thousand five which shall be the entire February first, two\nthousand five bill, calculated pursuant to section three hundred\ntwenty-three-a of this article (without reference to this section) less\nthe "amount eligible for amortization".\n  b-1. A participating employer making a payment pursuant to subdivision\nb of this section shall pay on February first, two thousand six an\namount determined by the comptroller by adding the following two amounts\ntogether:\n  (1) the entire February first, two thousand six bill, calculated\npursuant to section twenty-three-a of this article (without reference to\nthis section), less the "amount eligible for amortization" determined\npursuant to section three hundred seventeen-c of this article, if\napplicable; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to this section.\n  c. The remaining amortized payments shall be due and payable on\nFebruary first of each year during the amortization period. The\ncomptroller shall have the authority to permit the pre-payment of the\nremaining balance of the "amount eligible for amortization", subject to\nthe following:\n  (1) on or before November fifteenth, two thousand four in addition to\nthe amount due for the current year billing, the comptroller shall\nadvise each participating employer of the total amount due and be\nauthorized to accept pre-payment in full of said amount by February\nfirst, two thousand five.\n  (2) on or before each November fifteenth thereafter, in addition to\nthe amount due for the current year billing and for the payment of the\nannual amortized installment, the comptroller shall advise each\nparticipating employer of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nby February first of the succeeding year.\n