N.Y. RPT Law § 575-B — New York Code / Act RPT / Article 5 / Title 4 / Section 575-B
Solar or wind energy systems
Status: in_force

§ 575-b. Solar or wind energy systems. 1. The assessed value for solar\nor wind energy systems, as defined in section four hundred eighty-seven\nof this chapter, shall be determined by a discounted cash flow approach\nthat includes:\n  (a) An appraisal model identified and published by the New York state\ndepartment of taxation and finance, in consultation with the New York\nstate energy research and development authority, within one hundred\neighty days of the effective date of this section, and periodically\nthereafter as appropriate; and\n  (b) A solar or wind energy system discount rate or rates published\nannually by the New York state department of taxation and finance;\nprovided that prior to such publication, such discount rate or rates\nshall be published in preliminary form on the department's website and\nnotice thereof shall be sent to parties who have requested the same. The\ndepartment shall then allow at least sixty days for public comments to\nbe submitted, and shall consider any comments so submitted and make any\nchanges it deems necessary prior to publishing the final discount rate\nor rates; and\n  (c) In the formulation of such a model and discount rate, the New York\nstate department of taxation and finance shall consult with the New York\nState Assessors Association. Provided, further, in the formulation of\nsuch a model and discount rate, the New York state department of\ntaxation and finance shall be authorized to take into account economic\nand cost characteristics of such solar and wind energy systems located\nin different geographic regions of the state and consider regionalized\nmarket pressures in the formulation of the appraisal model and discount\nrate required under this section; and\n  (d) Host community benefit payments made pursuant to part JJJ of\nchapter fifty-eight of the laws of two thousand twenty, expenses\nassociated with decommissioning of solar and wind energy systems, and\ncommunity solar subscriber management costs associated with solar energy\nsystems shall be included as expenses; and\n  (e) Federal investment and production tax credits granted by the\nInternal Revenue Code and environmental values, including but not\nlimited to, renewable energy credits, shall be deemed intangible assets\nand not included as revenue streams.\n  1-a. Notwithstanding any provision of law to the contrary, the solar\nor wind energy system appraisal model authorized by this section shall\nbe identified, formulated, adopted, published, and updated periodically\nin the manner provided in this section without regard to the provisions\nof article two of the state administrative procedure act.\n  2. The reports required by section five hundred seventy-five-a of this\ntitle shall be designed to elicit such information as the commissioner\nmay reasonably require for the development and maintenance of an\nappraisal model and discount rate.\n  3. The provisions of this section shall only apply to solar or wind\nenergy systems with a nameplate capacity equal to or greater than one\nmegawatt.\n  4. Complaints with respect to assessments determined under this\nsection shall be governed by sections five hundred twelve and five\nhundred twenty-four of this article and the following provisions:\n  (a) The assessor shall, upon request, provide the owner with the\ninputs that he or she entered into the commissioner's appraisal model\nwhen valuing the property pursuant to this section.\n  (b) The property owner may advise the assessor of any alleged errors\nto the appraisal model inputs believed to have been made by the\nassessor, and may provide information to the assessor in support of any\nproposed change to those inputs.\n  (c) If the property owner provides such information to the assessor\nprior to the filing of the tentative assessment roll, the assessor may\nmake such adjustments to the appraisal model inputs as he or she deems\nwarranted based upon the information provided by the property owner, and\nmay recalculate the property value by entering the adjusted inputs into\nthe appraisal model.\n  (d) If dissatisfied with the assessed value appearing on the tentative\nassessment roll, the property owner may file a complaint with the board\nof assessment review; provided, however, that the grounds for review of\nan assessment determined under this section with respect to both article\nfive and article seven of this chapter shall be limited to the accuracy\nof the appraisal model inputs made by the assessor.\n  (e) Actions or proceedings that challenge the validity and accuracy of\nthe appraisal model or discount rates established under this section may\nnot be commenced against assessing units. Such challenges may only be\nbrought by commencing an action against the commissioner in the third\ndepartment of the appellate division of the supreme court in the manner\nprovided by article seventy-eight of the civil practice law and rules.\n  5. Any assessing unit establishing valuations on the basis of the\nmodel published by the department in two thousand twenty-five, including\nan assessing unit that has stipulated to rely on such model to settle a\nproceeding to review an assessment of real property pursuant to article\nseven of this chapter, shall not be subject to imposition of costs\npursuant to section seven hundred twenty-two of this chapter.\n
N.Y. PBA Law § 1090 — New York Code / Act PBA / Article 5 / Title 4 / Section 1090
Expenses of hearing
Status: in_force

§ 1090. Expenses of hearing. The expenses of any hearing,\ndetermination or other action which the provisions of this title require\nof the water power and control commission shall be paid by the\napplicant. Bills for such expenses shall be certified by said commission\nto the applicant and paid by the applicant directly to the claimant\nwithin thirty days of the date of such certification.\n
N.Y. PBA Law § 3552 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3552
Definitions
Status: in_force

§ 3552. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Board" shall mean the board of directors of the corporation as\nestablished by section thirty-five hundred fifty-three of this title.\n  2. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the corporation pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  3.  "Corporation" shall mean the public corporation created by section\nthirty-five hundred fifty-three of this title, known as the Roswell Park\nCancer Institute corporation.\n  4. "County" shall mean the county of Erie.\n  5. "Department" shall mean the department of health of the state of\nNew York.\n  6. "Director" shall mean a voting director appointed to the board of\ndirectors of the corporation pursuant to section thirty-five hundred\nfifty-three of this title.\n  7. "Health facility" shall mean a building, structure or unit or any\nimprovement to real property, including all necessary and usual\nattendant and related equipment, facilities or fixtures, or any part or\nparts thereof, or any combination or combinations thereof, including,\nbut not limited to, a general hospital, ambulatory clinic or center,\nchronic disease hospital, dispensary or laboratory or any other related\nfacility, or any combination of the foregoing, constructed, acquired or\notherwise provided by or for the use of the corporation or the state in\nproviding basic medical research, health and medical services to the\npublic.\n  8. "President" shall mean the president of the corporation selected by\nthe board of directors.\n  9. "Transfer" shall mean the effective date of the contract between\nthe corporation and the commissioner of health as authorized by\nsubdivision two of section four hundred three of the public health law.\n
N.Y. LAB Law § 291 — New York Code / Act LAB / Article 11 / Title 4 / Section 291
Cleanliness and safety of rooms
Status: in_force

§ 291. Cleanliness and safety of rooms. Every room in a factory and\nevery part thereof and all fixtures therein shall at all times be kept\nin a safe and sanitary condition and in proper repair. No person shall\nexpectorate upon the walls, floors or stairs of a factory or of the\nbuilding in which it is located. Suitable receptacles shall be provided\nand used for the storage of waste and refuse. The walls and ceiling of\nthe rooms and hallways in every factory shall be kept in a clean\ncondition.\n
N.Y. PBA Law § 888 — New York Code / Act PBA / Article 4 / Title 4 / Section 888
Interest in claims and contracts prohibited
Status: in_force

§ 888. Interest in claims and contracts prohibited.  No member,\nofficer, agent or employee of the authority shall be interested,\ndirectly or indirectly, in any claim against or contract with the\nauthority except for lawful compensation and reimbursement for actual\nand necessary expenses incurred in the performance of official duties;\nprovided that any such member, officer, agent or employee may, as a\ngrower or dealer, lease from the authority a stall, store or other\nfacility upon a market and may engage in such transactions with the\nauthority as are reasonably and ordinarily incidental to such leasing.\n
N.Y. LFN Law § 54.40 — New York Code / Act LFN / Article 2 / Title 4 / Section 54.40
Bonds and notes of the city of Yonkers
Status: in_force

§ 54.40 Bonds and notes of the city of Yonkers. Subject to the\nprovisions of the New York state financial emergency act of nineteen\nhundred eighty-four for the city of Yonkers, to facilitate the marketing\nof any issue of serial bonds or notes of the city of Yonkers issued on\nor before June thirtieth, two thousand twenty-seven, such city may,\nnotwithstanding any limitations on private sales of bonds provided by\nlaw, and subject to approval by the state comptroller of the terms and\nconditions of such sale: (a) arrange for the underwriting of its bonds\nor notes at private sale through negotiated agreement, compensation for\nsuch underwriting to be provided by negotiated fee or by sale of such\nbonds or notes to an underwriter at a price of less than the sum of par\nvalue of, and the accrued interest on, such obligations; or (b) arrange\nfor the private sale of its bonds or notes through negotiated agreement,\ncompensation for such sales to be provided by negotiated fee, if\nrequired. The cost of such underwriting or private placement shall be\ndeemed a preliminary cost for purposes of section 11.00 of this article.\n
N.Y. PBA Law § 1493-S — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-S
Inconsistent provisions in other acts superseded
Status: in_force

§ 1493-s. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 3060 — New York Code / Act PBA / Article 10 / Title 4 / Section 3060
Remedies of the corporation
Status: in_force

§ 3060. Remedies of the corporation. 1. The corporation shall cause\neach proposed budget, including related revenue estimates, submitted to\nit pursuant to subdivision four of section three thousand fifty-eight of\nthis title, and each proposed modification furnished to it pursuant to\nsubdivision four of such section and each expenditure plan and\noperations report submitted to it pursuant to subdivision six of such\nsection, to be reviewed promptly by the corporation's staff or designee.\n  2. If, within forty-five days after such receipt of proposed budgets,\nor, if within fifty days after such receipt of a proposed modification,\nthe board of directors shall, in its judgement, determine that any such\nbudgets will not be balanced in accordance with the provisions of\nsubdivision five of section three thousand fifty-eight of this title,\neither by its terms or because revenue is overestimated or expenditures\nare underestimated therein, or that a report of proposed modification\npursuant to subdivision five of section three thousand fifty-eight of\nthis title reflects that the budgets would thereafter not be balanced in\naccordance with the provisions of subdivision four of section three\nthousand fifty-eight of this title, or that a condition imposed pursuant\nto such section has not been met or will not be met, with respect to\nsuch fiscal year, then the corporation shall promptly notify the chief\nexecutive officer of such determination and shall review with him the\nmanner in which corrective action may be taken in order to comply with\nsuch conditions.\n  3. In the event that the board of directors determines, following\nreview with the chief executive officer pursuant to subdivision two of\nthis section that the corrective action necessary to cause compliance\nwith the conditions of section three thousand fifty-eight of this title\nwill not be taken, or determines as a result of a review made pursuant\nto section three thousand fifty-nine of this title or otherwise that the\ncity is not in compliance with any of the conditions imposed pursuant to\nsection three thousand fifty-eight of this title or that any\nrepresentation or undertaking contained in any certificate delivered\npursuant to such section is materially incorrect or has not been\ncomplied with in all material respects, the corporation shall promptly\ncertify a copy of such determination of noncompliance to the governor,\nthe legislature, the state comptroller, the chief executive officer, the\ncity council and the city comptroller and shall disclose such\ndetermination to the public.\n  4. The remedies described in this section are not exclusive and, in\naddition thereto, the corporation shall have and may exercise all other\nrights and remedies provided by law.\n
N.Y. VAT Law § 412 — New York Code / Act VAT / Title 4 / Article 15 / Section 412
Punishment for violation
Status: in_force

§ 412. Punishment for violation. The violation of any of the\nprovisions of section four hundred ten of this chapter shall be\npunishable by a fine of not less than fifty nor more than two hundred\ndollars, or by imprisonment for not more than fifteen days, or by both\nsuch fine and imprisonment except, if the violation consists of failure\nto renew a registration which was valid within sixty days, the fine\nshall be not less than twenty-five dollars. A violation of any of the\nprovisions of section four hundred eleven of this chapter shall be\npunishable by a fine of not less than twenty-five nor more than two\nhundred dollars or by imprisonment for not more than fifteen days, or by\nboth such fine and imprisonment.\n
N.Y. RPT Law § 499-B — New York Code / Act RPT / Article 4 / Title 4 / Section 499-B
Real property tax abatement
Status: in_force

§ 499-b. Real property tax abatement. 1. Except as provided in\nsubdivision one-a of this section, within a city having a population of\none million or more, eligible buildings containing eligible premises\nshall receive an abatement of real property taxes during the benefit\nperiod as follows:\n  (a) for each of the first three years of the benefit period, the\nabatement shall be equal to the product obtained by (i) multiplying the\ntenant's percentage share by the number of square feet in the eligible\nbuilding, as listed on the records of the department of finance and (ii)\nmultiplying the product obtained in subparagraph (i) of this paragraph\nby the abatement base;\n  (b) for the fourth year of the benefit period, the abatement shall be\nequal to two-thirds of the abatement in the first year of the benefit\nperiod; and\n  (c) for the fifth year of the benefit period, the abatement shall be\nequal to one-third of the abatement in the first year of the benefit\nperiod.\n  1-a. Within a city having a population of one million or more,\neligible buildings containing eligible premises occupied or used by a\ntenant pursuant to a lease having a lease commencement date on or after\nApril first, nineteen hundred ninety-seven with an initial lease term of\nless than five years, but not less than three years, shall receive an\nabatement of real property taxes during the benefit period as follows:\n  (a) for the first year of the benefit period, the abatement shall be\nequal to the product obtained by (i) multiplying the tenant's percentage\nshare by the number of square feet in the eligible building, as listed\non the records of the department of finance and (ii) multiplying the\nproduct obtained in subparagraph (i) of this paragraph by the abatement\nbase;\n  (b) for the second year of the benefit period, the abatement shall be\nequal to two-thirds of the abatement in the first year of the benefit\nperiod; and\n  (c) for the third year of the benefit period, the abatement shall be\nequal to one-third of the abatement in the first year of the benefit\nperiod.\n  2. If, as a result of application to the tax commission or a court\norder or action by the department of finance, the billable assessed\nvalue is reduced, the department of finance shall recalculate the\nabatement utilizing such reduced billable assessed value. The amount\nequal to the difference between the abatement originally granted and the\nabatement as so recalculated shall be deducted from any refund otherwise\npayable or remission otherwise due as a result of such reduction in\nbillable assessed value, and any balance of such amount remaining unpaid\nafter making any such deduction shall be paid to the department of\nfinance within thirty days from the date of mailing by the department of\nfinance of a notice of the amount payable. Such amount payable shall\nconstitute a tax lien on the eligible building as of the date of such\nnotice and, if not paid within such thirty-day period, penalty and\ninterest at the rate applicable to delinquent taxes on such eligible\nbuilding shall be charged and collected on such amount from the date of\nsuch notice to the date of payment.\n  3. In no event shall the abatement for the eligible premises granted\npursuant to this title exceed the tax liability allocable to the\neligible premises.\n  4. Notwithstanding the provisions of any lease for occupancy of\nnon-eligible premises in an eligible building or for occupancy of\neligible premises for which no certificate of abatement has been issued\npursuant to this title, a lessee of non-eligible premises or of eligible\npremises for which no certificate of abatement has been issued pursuant\nto this title shall not be entitled to receive directly or indirectly a\nreduction in either the real property taxes or any rent (including\nadditional rent) payable pursuant to such lease where such reduction\nwould result from an abatement of real property taxes granted pursuant\nto this title. A landlord of an eligible building shall not allocate,\ncredit, assign or disburse any portion of an abatement granted pursuant\nto this title to a lessee of non-eligible premises or of eligible\npremises for which no certificate of abatement has been issued pursuant\nto this title. A landlord shall not be required to reduce the real\nproperty taxes or any rent (including additional rent) payable by\nexpansion tenants, new tenants and renewal tenants by an amount that\nexceeds the full amount of the abatement granted pursuant to this title,\nbut a landlord shall be required to reduce the real property taxes or\nany rent (including additional rent) payable by expansion tenants, new\ntenants and renewal tenants by an amount that, in the aggregate, equals\nthe full amount of the abatement granted pursuant to this title. Such\nreduction shall be allocated in accordance with the abatement granted\nfor the eligible premises occupied by each such tenant.\n  5. (a) A tenant who occupies or uses eligible premises for which a\ncertificate of abatement is issued pursuant to this title shall not be\neligible to receive a second certificate of abatement for the same\neligible premises. A tenant who occupies or uses eligible premises for\nwhich a certificate of abatement is issued pursuant to this title and\nwho, upon the expiration of the lease for such eligible premises,\nrelocates to otherwise eligible premises, shall not be eligible to\nreceive a certificate of abatement for such otherwise eligible premises,\nexcept to the extent that the square footage of such otherwise eligible\npremises exceeds the square footage of all eligible premises previously\noccupied or used by such tenant for which such tenant held a certificate\nof abatement. If the square footage of such otherwise eligible premises\nexceeds the square footage of all such eligible premises previously\noccupied or used by such tenant and if there is any variation in the tax\nliability per square foot of such otherwise eligible premises, then, for\npurposes of determining which square footage in such otherwise eligible\npremises is entitled to an abatement pursuant to this title, square\nfootage with the greatest tax liability per square foot, in an amount\nequal to the square footage of all such eligible premises previously\noccupied or used by such tenant, shall first be excluded.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a tenant who is eligible in accordance with the provisions\nof this title, who occupies or uses eligible premises for which a\ncertificate of abatement is issued pursuant to this title and who, upon\nthe termination of the lease for such premises as a result of a taking\nby eminent domain, relocates to otherwise eligible premises, shall be\neligible to receive a second certificate of abatement for such eligible\npremises; provided, however, that such tenant shall have eighteen months\nfrom the date that the lease has terminated, as a result of the taking\nby eminent domain, or eighteen months from the effective date of this\nparagraph, whichever is later, to relocate to such eligible premises.\n
N.Y. VAT Law § 404-R — New York Code / Act VAT / Title 4 / Article 14 / Section 404-R
Distinctive "foreign organization" license plates
Status: in_force

* § 404-r. Distinctive "foreign organization" license plates. 1. The\ncommissioner may issue special number plates bearing the words "foreign\norganization" to applicants of a foreign organization recognized by the\nUnited States. Applications for said license plate shall be filed with\nthe commissioner in said form and detail as the commissioner shall\nprescribe.\n  2. The distinctive plate authorized herein shall be issued upon proof,\nsatisfactory to the commissioner, that the applicant is an entity of a\nforeign government recognized by the United States before January first,\nnineteen hundred seventy-nine without diplomatic relations with the\nUnited States. Such plates may be issued for passenger vehicles and\nlight commercial motor vehicles with a manufacturers rated carrying\ncapacity of one ton or less.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nprovided, however, that an additional annual service charge of thirty\ndollars shall be charged for such plate.\n  4. Nothing contained herein shall require the issuance of a special\nnumber plate under this section unless the commissioner is satisfied\nthat the aggregate amount of annual service charges collected pursuant\nto subdivision three of this section will be sufficient to recover the\ncosts of the design and manufacture of such special number plates.\n  * NB There are 2 § 404-r's\n
N.Y. VAT Law § 471-A — New York Code / Act VAT / Title 4 / Article 17-A / Section 471-A
Adjudicatory proceedings
Status: in_force

§ 471-a. Adjudicatory proceedings. 1. Request for an adjudicatory\nproceeding. (a) Any franchised motor vehicle dealer who is or may be\naggrieved by a violation of this article may request mediation with the\nfranchisor. The request for mediation shall be served by certified mail,\nor in such manner as the franchisor and franchised motor vehicle dealer\nhave agreed. If the franchisor agrees to mediation, such mediation shall\nproceed in accordance with the terms as agreed upon by the franchisor\nand franchised motor vehicle dealer; provided, however, that if the\nfranchisor and franchised motor vehicle dealer have not agreed upon the\nterms of mediation (i) the franchisor and franchised motor vehicle\ndealer shall select a mediator within seven days of service by the\nfranchised motor vehicle dealer of the request for mediation; (ii) the\nmediation shall be completed within twenty-one days of selection of the\nmediator, or within such period as the franchisor and the franchised\nmotor vehicle dealer shall agree; and (iii) the cost of mediation shall\nbe shared equally by the parties. If the matter is resolved by\nmediation, a written memorandum of the agreement shall be executed by\nthe mediator, the franchisor, and the franchised motor vehicle dealer.\n  (b) If the matter has not been resolved by mediation, the franchisor\nand franchised motor vehicle dealer have not agreed to mediation, or the\nmediation has not been completed within the period set forth in\nsubparagraph (ii) of paragraph (a) of this subdivision, the franchised\nmotor vehicle dealer may file with the commissioner a request for an\nadjudicatory proceeding pursuant to this section. The request shall be\nin writing and contain a short and plain statement of the facts relied\nupon by the dealer to support a claim that the franchisor has violated\none or more specific provisions of this article together with a request\nfor a specific remedy other than damages. The request shall be\naccompanied by copies of all correspondence between the dealer and the\nfranchisor and other documents relevant to the claims made in the\nrequest. The request shall be accompanied by a non-refundable filing fee\nof two thousand dollars.\n  (c) A true copy of the request with copies of all documents filed with\nthe request shall be served upon the franchisor at the same time as the\nrequest is filed with the commissioner by transmitting such documents in\nany manner specifically permitted under the terms of the franchise\nagreement or, if no such manner is specified in such agreement, then by\ncertified mail, return receipt requested, addressed to the officer or\nemployee of the franchisor from whom the dealer has received\ncorrespondence relevant to the claims made in the request. A certificate\nof service shall accompany the request.\n  (d) The hearing shall be at such time and place as the commissioner\nshall prescribe. The commissioner shall mail to the dealer and the\nfranchisor a notice stating the name of the presiding officer assigned\nto the matter, and the place and time of the hearing. The hearing shall\nbe commenced as soon as practicable, but in no event sooner than sixty\ndays from the date of the notice.\n  (e) The notice shall be sent by ordinary mail to the address of the\ndealer or attorney shown in the request and to the address to which the\ncopy of the request was sent as shown in the certificate of service or\nsuch other address as the franchisor has designated for receiving such\nnotices. The notice shall advise the franchisor of the right to submit\nwithin twenty days of receipt of such notice a short and plain statement\nof answers to the allegations of the request and of facts on which the\nfranchisor relies in defense of such allegations. Such answering\nstatement shall be mailed to the commissioner or his or her designee and\nthe dealer at addresses shown on the notice.\n  (f) The dealer may submit within twenty days of receipt of the\nfranchisor's answering statement and additional statement of facts and\ndocumentary material only to the extent of answering new matter raised\nby the franchisor. Except as set forth in paragraph (g) of this\nsubdivision, after receipt by a party of the notice from the\ncommissioner, all correspondence and other communications relating to\nthe dispute shall be with the presiding officer with copies to the\nopposing party.\n  (g) In accordance with the rules and regulations prescribed by the\ncommissioner, each party shall disclose to the other all documents or\nother materials, including those that may have been maintained in\nelectronic form, that the party intends to introduce at the hearing.\n  2. Hearings and other proceedings and presiding officers. Except as\notherwise set forth in this section, hearings and other proceedings\nauthorized under this article shall comply with article three of the\nstate administrative procedure act and shall be presided over by the\npresiding officer appointed by the commissioner. The presiding officer\nshall be admitted to practice as an attorney in the state of New York\nand shall rule on all motions, procedures and other legal objections.\n  3. Resolution without a hearing. Either party may request resolution\nof the dispute without a hearing. A request for a resolution without a\nhearing shall be accompanied by sufficient information to permit a\ndetermination of whether any unresolved material issue of fact exists,\nand may be accompanied by a legal memorandum. The other party shall have\nan opportunity to respond. Such a request shall be granted if the\npresiding officer determines that no unresolved material issue of fact\nis presented in the matter. No hearing shall be conducted until the\nrequest for a resolution without a hearing has been determined.\n  4. Presiding officer decision. The presiding officer shall render a\ndecision upon the conclusion of the hearing or without a hearing\npursuant to subdivision three of this section not later than ninety days\nafter the close of the hearing or the granting of the request for\nresolution without a hearing. The decision of the presiding officer\nshall be based on the preponderance of the evidence. The presiding\nofficer shall prepare a decision which shall include: (a) findings of\nfact; (b) a determination on each charge; and (c) in the event of a\ndetermination of a violation of this article, the remedy to be ordered.\nThe decision of the presiding officer shall be deemed the determination\nof the commissioner.\n  5. Right of appeal. Any party may file an appeal of a determination\nmade pursuant to this section in accordance with section two hundred\nsixty-one of this chapter.\n  6. Litigation costs. In any administrative proceeding pursuant to this\nsection, each party shall bear its own litigation costs and attorneys'\nfees.\n  7. Penalties. Any party to a proceeding held pursuant to this section\nshall comply with the commissioner's decision in such proceeding, unless\na stay or extension of the date for compliance is granted by the\ncommissioner or a court of competent jurisdiction. If, after notice to\nsuch party and an opportunity to respond, the commissioner finds that a\nparty has not complied with the commissioner's decision by the\ndesignated date of compliance, unless a stay or extension of such date\nhas been granted, the commissioner, in addition to any other enforcement\npowers the commissioner holds, may assess such party a civil penalty not\nto exceed one thousand dollars per day of noncompliance. Civil penalties\nassessed under this section shall be paid to the commissioner for\ndeposit in the state treasury, and unpaid civil penalties may be\nrecovered by the commissioner in a civil action in the name of the\ncommissioner. In addition, as an alternative to such civil action and\nprovided that no proceeding for judicial review shall then be pending\nand the time for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\ndealer or franchisor is located a final order of the commissioner\ncontaining the amount of the penalty assessed. The filing of such final\norder shall have the full force and effect of a judgment duly docketed\nin the office of such clerk and may be enforced in the same manner and\nwith the same effect as that provided by law in respect to executions\nissued against property upon judgments by a court of record.\n
N.Y. PBH Law § 1330 — New York Code / Act PBH / Article 13 / Title 4 / Section 1330
Labor camps; violations; notice; injunction; administrative proceedings
Status: in_force

§ 1330. Labor camps; violations; notice; injunction; administrative\nproceedings. 1. When it appears to an officer that there has been a\nviolation of the public health law or sanitary code at or in relation to\nany labor camp and such violation continues two days after written\nnotice and demand for the discontinuance thereof, served as provided\nherein, he shall proceed pursuant to subdivision two or three of this\nsection with respect to such violation.\n  2. An officer may institute proceedings to enjoin the continuance of\nsuch violation or the continued operation of such camp and, for purposes\nof such proceedings, a violation of any provision of the public health\nlaw or of the sanitary code shall be considered a public nuisance which\nmay be enjoined or restrained. No bond or undertaking shall be required\nof such officer in such proceedings and no application to vacate or\nmodify any judgment obtained shall be entertained by any court without\nproof to such court that ten days notice of such application, and copies\nof the papers upon which the application is to be made, have been served\nupon such officer.\n  3. (a) A hearing may be held, upon notice of not less than three days,\nbefore an officer or his representative. The officer shall make a\ndetermination with respect to any alleged violation and may assess a\npenalty not to exceed one hundred dollars for each violation, provided\nthat (i) if the respondent establishes that a violation which existed\nprior to the service of the notice of hearing ceased to exist on or\nprior to the date originally set for the hearing and has not reoccurred,\nthen any penalty assessed for such violation shall be suspended on the\ncondition that it will not reoccur during the next twenty-four months or\n(ii) for initial violations only which do not involve a serious and\nimmediate risk to health or safety, if, prior to the date originally set\nfor the hearing, an application for a loan for a farmworker housing\nproject is made pursuant to section five hundred seventy-six-d of the\nprivate housing finance law and a satisfactory plan for curing the\nconditions giving rise to the violation is submitted to and approved by\nthe department, then any penalty assessed may be vacated if such\nviolation is cured within a reasonable period of time. In assessing a\npenalty hereunder, consideration shall be given to good faith efforts to\ncure the violation made on or prior to the date originally set for the\nhearing. A violation which continues for more than one day after the\nexpiration of the two days for compliance provided for in subdivision\none shall be considered to be a separate violation for each day that it\ncontinues after such notice and demand for discontinuance have been\nserved.\n  (b) The notice of hearing also may provide that the labor camp may be\nordered vacated if such an order is determined to be necessary for the\nhealth and safety of its occupants or of the community in which it is\nlocated. If the notice of hearing contains this provision and such an\norder is determined to be necessary, then the officer shall issue such\norder.\n  (c) The hearing officer acting pursuant to this subdivision may issue\nsubpoenas which shall be regulated by the civil practice law and rules.\n  4. Before the effective date of an order or judgment enjoining the\ncontinued operation of a camp pursuant to subdivision two or of an order\ndirecting the vacating of such camp pursuant to subdivision three, the\nofficer shall notify the county agricultural agent, the representative\nof the nearest office of the state employment service, and the county\nsocial services commissioner.\n  5. A notice required by this section may be served upon the owner or\noperator of the camp in the same manner as a summons in a civil action,\nor by registered mail to such owner or operator at the address filed by\nhim in the department or county health department or, if an address is\nnot so filed, to his last known address or place of residence.\n  6. An officer may request and shall receive from all public officers,\ndepartments and agencies of the state and its political subdivisions\nsuch cooperation and assistance as may be necessary or proper in the\nenforcement of the provisions of this section.\n  7. Nothing contained in this section shall be construed to limit the\nduty or power of an officer to act with regard to an immediate threat to\nthe health of the occupants of a camp or the community in which it is\nlocated, or to alter or abridge any of the duties and powers now or\nhereafter existing in the commissioner, state district health officers,\ncounty boards of health, county commissioners of health, local boards of\nhealth or other public agencies or public officials, or any private\nparty.\n  8. As used in this section, the term "officer" shall mean the\ncommissioner, or the county commissioner of health or the state district\nhealth officer having jurisdiction.\n
N.Y. VAT Law § 404-EE*4 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-EE*4
Distinctive "Jamaican bobsled team" number plates
Status: in_force

* § 404-ee. Distinctive "Jamaican bobsled team" number plates. 1. Any\nperson residing in this state shall, upon request, be issued a\ndistinctive "Jamaican bobsled team" license plate of a design approved\nby the commissioner. Application for said license plate shall be filed\nwith the commissioner in such form and detail as the commissioner shall\nprescribe.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article,\nprovided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plate.\n  * NB There are 4 § 404-ee's\n
N.Y. PBA Law § 1696*2 — New York Code / Act PBA / Article 8 / Title 4-A* / Section 1696*2
Designation of small business set-asides at the Bronx community college and York college
Status: in_force

* § 1696. Designation of small business set-asides at the Bronx\ncommunity college and York college. The chairman has authority to\ndesignate as small business set-asides specified commodities, equipment\nor services or contracts for construction, reconstruction,\nrehabilitation or improvement of college facilities for which purchase\nor work contract have been requested by the board of trustees of the\nBronx community college and York college under the provisions of this\ntitle. The designation shall be made prior to the advertisement for bids\nas provided by law, and when the advertisement is published it shall\nindicate the purchases which have been designated small business\nset-asides. To effectuate the purposes of this title, the chairman may\nexercise this authority whenever there is a reasonable expectation that\nbids will be obtained from at least three small businesses capable of\nfurnishing the desired property or service at a fair and reasonable\nprice.\n  In the case of purchases or work contracts designated as small\nbusiness set-asides, invitations to bid shall be confined to small\nbusinesses and bids from other businesses shall be rejected. The\npurchase, contract or expenditure of funds shall be awarded to the\nlowest responsible bidder among the small businesses (considering\nconformity with specifications and terms) in accordance with the rules\nand regulations for purchasing published by the authority.\n  It is hereby declared that a portion of small business set-asides,\nshall be set aside in turn as exclusively as possible, to small\nbusinesses owned or controlled by minority entrepreneurs as previously\ndefined, and that such aforementioned businesses, shall constitute not\nless than twenty-five percent of the successful bidders under this\ntitle. Other contracts and business that in the opinion of the chairman\ncan be judged to be substantially beneficial to socially or economically\ndisadvantaged individuals may also be excluded from the general\nprovisions and procedures applicable to the larger set-aside contracts.\n  Minority business concerns eligible hereunder shall be excluded from\nstipulated limitations of sales volume, number of employees and other\nfactors defined in this title.\n  Offers must be advertised in the locality where a contract is to be\neffectuated. In locations where twenty-five percent or more of the\npopulation is non-English-speaking, notices shall be published in\nappropriate translated form. The procurement officer shall cooperate\nwith county-wide business development organizations servicing minority\ncommunities in the formulation and maintenance of lists of qualified\ncontractors, and shall notify such contractors of opportunities to\nsubmit bids for set-aside contracts. Minority bidders will be notified\nof reasons why their bids were unsuccessful. That each minority small\nbusiness concern which bids is notified of reasons for failure to secure\na successful bid, and that where responsibility as defined by the\nprocurement officer or officers, agent or agents is a factor, such\nresponsibility will be defined, and such reasons for determination of\nlack of responsibility will be provided the minority small business\nbidders.\n  Bonding requirements shall be negotiable for minority bidders.\n  * NB There are 2 § 1696's\n
N.Y. LFN Law § 61.00 — New York Code / Act LFN / Article 2 / Title 4 / Section 61.00
Execution of obligations
Status: in_force

§ 61.00 Execution of obligations.  a. All obligations, including\ninterim bonds, shall be executed in the name of the municipality, school\ndistrict or district corporation by the chief fiscal officer unless the\nfinance board shall, by resolution, designate a different officer or\nofficers to execute such obligations.  Such execution may be by\nfacsimile signature, in which event the finance board shall provide for\nauthentication of such obligation by the manual countersignature of a\nfiscal agent or of a designated official of the municipality, school\ndistrict or district corporation. Such obligations shall have the seal\nor a facsimile seal of the municipality, school district or district\ncorporation impressed or imprinted thereon. Such obligations may be\nattested by the facsimile or manual signature of the clerk of such\nmunicipality, school district or district corporation or such other\nofficial thereof as may be designated by the finance board. Coupons\nattached to a bond shall be authenticated by the facsimile or manual\nsignature of the chief fiscal officer unless the finance board shall, by\nresolution, provide that such coupons shall be authenticated by the\nfacsimile or manual signature of a different officer.\n  b. Obligations executed in the manner set forth above by the officials\ndesignated and referred to above shall be valid and binding obligations\nwhen duly delivered, notwithstanding the fact that before the delivery\nthereof the persons executing the same shall have ceased to be officials\nor other officials may have been designated to perform such functions.\n
N.Y. PBA Law § 1687 — New York Code / Act PBA / Article 8 / Title 4 / Section 1687
Members and employees not to profit
Status: in_force

§ 1687. Members and employees not to profit. No officer, member or\nemployee of the corporation shall receive or may be lawfully entitled to\nreceive any pecuniary profit from the operation thereof except\nreasonable compensation for services in effecting one or more of its\npurposes herein set forth.\n
N.Y. PBA Law § 890 — New York Code / Act PBA / Article 4 / Title 4 / Section 890
Contracts
Status: in_force

§ 890. Contracts. All contracts of the authority for the purchase of\nsupplies, materials or equipment or for public work, which involve an\nexpenditure of more than twenty-five hundred dollars, shall be let upon\nsealed bids, after public advertisement, to the lowest responsible\nbidder furnishing the security as required by the board.\n
N.Y. VAT Law § 408 — New York Code / Act VAT / Title 4 / Article 14-B / Section 408
Administration
Status: in_force

§ 408. Administration. The administrator of the agreement for this\nstate shall have the power to make such exemptions from the coverage of\nthe agreement as may be appropriate and to make such changes in methods\nfor the reporting of any information required to be furnished to this\nstate pursuant to the agreement as, in his judgment, shall be suitable;\nprovided that any such exemptions or changes shall not be contrary to\nthe purpose set forth in article one of the agreement and shall be made\nin order to permit the continuance of uniformity of practice among the\ncontracting states with respect to busses. Any such exemption or change\nshall be made by rule or regulation and shall not be effective unless\nmade by the same procedure required for other rules and regulations of\nhis department. If not otherwise covered by statute, the administrator\nmay make provision for publication of the rules and regulations\ncontemplated by this section.\n
N.Y. EDN Law § 3014-C — New York Code / Act EDN / Title 4 / Article 61 / Section 3014-C
Teachers' rights as a result of a school district taking back tuition students
Status: in_force

§ 3014-c. Teachers' rights as a result of a school district taking\nback tuition students. 1. As used in this section, a "sending district"\nshall mean a school district which previously sent students to another\nschool district on a tuition basis pursuant to section two thousand\nforty of this chapter, and a "receiving district" shall mean a school\ndistrict which provided the educational program for students from\nanother district on a tuition basis pursuant to section two thousand\nforty of this chapter.\n  2. In any case in which a sending district assumes the education of\nstudents formerly provided by a receiving district, each teacher\nemployed in the education of such students by such receiving district at\nthe time of such take back by the sending district shall be considered\nan employee of such sending district, with the same tenure status he\nmaintained in such receiving district.\n  3. If the number of teaching positions needed to provide the\neducational services required by such sending district is less than the\nnumber of teachers eligible to be considered employees of such sending\ndistrict as provided by subdivision two of this section, the services of\nthe teachers having the least seniority in the receiving district whose\nstudents are taken back by the sending district within the tenure area\nof the position shall be discontinued. Such teachers shall be placed on\na preferred eligible list of candidates for appointment to a vacancy\nthat may thereafter occur in an office or position under the\njurisdiction of the sending district and the receiving district similar\nto the one such teacher filled in such receiving district. The teachers\non such preferred list shall be reinstated or appointed to such\nvacancies in such corresponding or similar positions under the\njurisdiction of the sending district or the receiving district in the\norder of their length of service in such receiving district, within\nseven years from the date of the abolition of such office or position.\n  4. For any such teacher as described in subdivision two of this\nsection for salary, sick leave and any other purposes, the length of\nservice credited in such receiving district shall be credited as\nemployment time with such sending district.\n  5. In the event that more than one sending district assumes the\neducation of students formerly provided by a receiving district, then\neach teacher employed in the education of such students in such\nreceiving district at the time of such take back by more than one\nsending district, shall select the particular sending district in which\nhe shall be considered an employee, with all of the rights and\nprivileges provided by the other provisions of this section. Such\nselection of the particular sending district by such teacher is to be\nbased upon each teacher's seniority in such receiving district, with the\nright of selection passing from such teachers with the most seniority to\nsuch teachers with least seniority. Any such teacher who is unable to\nobtain a teaching position in any such sending district because the\nnumber of positions needed to provide the services required with such\nsending district are less than the number of teachers eligible to be\nconsidered employees of such sending districts, shall be placed on a\npreferred eligible list in all such sending districts in the method and\nwith all of the rights provided by the other provisions of this section.\n  6. This section shall in no way be construed to limit the rights of\nany of such teachers described in this section granted by any other\nprovision of law.\n
N.Y. PBH Law § 2999-I — New York Code / Act PBH / Article 29-D / Title 4 / Section 2999-I
Custody and administration of the fund
Status: in_force

§ 2999-i. Custody and administration of the fund. 1. (a) The\ncommissioner of taxation and finance shall be the custodian of the fund\nand the special account established pursuant to section ninety-nine-t of\nthe state finance law. All payments from the fund shall be made by the\ncommissioner of taxation and finance upon certificates signed by the\ncommissioner, or his or her designee, as hereinafter provided. The fund\nshall be separate and apart from any other fund and from all other state\nmonies; provided, however, that monies of the fund may be invested as\nset forth in paragraph (b) of this subdivision. No monies from the fund\nshall be transferred to any other fund, nor shall any such monies be\napplied to the making of any payment for any purpose other than the\npurpose set forth in this title.\n  (b) Any monies of the fund not required for immediate use may, at the\ndiscretion of the commissioner in consultation with the director of the\nbudget, be invested by the commissioner of taxation and finance in\nobligations of the United States or the state or obligations the\nprincipal and interest of which are guaranteed by the United States or\nthe state. The proceeds of any such investment shall be retained by the\nfund as assets to be used for the purposes of the fund.\n  2. (a) The fund shall be administered by the commissioner or his or\nher designee in accordance with the provisions of this article.\n  (b) The commissioner shall have all powers necessary and proper to\ncarry out the purposes of the fund.\n  (c) Notwithstanding any contrary provision of this section, sections\none hundred twelve and one hundred sixty-three of the state finance law\nor any other contrary provision of law, the superintendent of financial\nservices is authorized to assign and the commissioner is authorized to\nreceive assignment of any and all contracts entered into by the\nsuperintendent of financial services to administer the fund for periods\nprior to October first, two thousand nineteen.\n  (d) The department shall post on its website information about the\nfund and the process for enrollment in the fund.\n  3. The expense of administering the fund shall be paid from the fund.\n  4. Monies for the fund will be provided pursuant to this chapter.\n  5. For the state fiscal year beginning April first, two thousand\neleven and ending March thirty-first, two thousand twelve, the state\nfiscal year beginning April first, two thousand twelve and ending March\nthirty-first, two thousand thirteen, and the state fiscal year beginning\nApril first, two thousand thirteen and ending March thirty-first, two\nthousand fourteen, the superintendent of financial services shall cause\nto be deposited into the fund for each such fiscal year the amount\nappropriated for such purpose. Beginning April first, two thousand\nfourteen and annually thereafter, the superintendent of financial\nservices or the commissioner, whoever is administering the fund for the\napplicable period shall cause to be deposited into the fund, subject to\navailable appropriations, an amount equal to the difference between the\namount appropriated to the fund in the preceding fiscal year, as\nincreased by the adjustment factor defined in subdivision seven of this\nsection, and the assets of the fund at the conclusion of that fiscal\nyear.\n  6. (a) Following the deposit referenced in subdivision five of this\nsection, the commissioner shall conduct an actuarial calculation of the\nestimated liabilities of the fund for the coming year resulting from the\nqualified plaintiffs enrolled in the fund. The administrator shall from\ntime to time adjust such calculation in accordance with subdivision\nseven of this section. If the total of all estimates of current\nliabilities equals or exceeds eighty percent of the fund's assets, then\nthe fund shall not accept any new enrollments until a new deposit has\nbeen made pursuant to subdivision five of this section. When, as a\nresult of such new deposit, the fund's liabilities no longer exceed\neighty percent of the fund's assets, the fund administrator shall enroll\nnew qualified plaintiffs in the order that an application for enrollment\nhas been submitted in accordance with subdivision seven of section\ntwenty-nine hundred ninety-nine-j of this title.\n  (b) Whenever enrollment is suspended pursuant to paragraph (a) of this\nsubdivision and until such time as enrollment resumes pursuant to such\nparagraph: (i) notice of such suspension shall be promptly posted on the\ndepartment's website; (ii) the fund administrator shall deny each\napplication for enrollment that had been received but not accepted prior\nto the date of suspension and each application for enrollment received\nafter the date of such suspension; and (iii) notification of each such\ndenial shall be made to the plaintiff or claimant or persons authorized\nto act on behalf of such plaintiff or claimant and all defendants in\nregard to such plaintiff or claimant, to the extent they are known to\nthe fund administrator. Judgments and settlements for plaintiffs or\nclaimants for whom applications are denied under this paragraph or who\nare not eligible for enrollment due to suspension pursuant to paragraph\n(a) of this subdivision shall be satisfied as if this title had not been\nenacted.\n  (c) Following a suspension, whenever enrollment resumes pursuant to\nparagraph (a) of this subdivision, notice that enrollment has resumed\nshall be promptly posted on the department's website.\n  (d) The suspension of enrollment pursuant to paragraph (a) of this\nsubdivision shall not impact payment under the fund for any qualified\nplaintiffs already enrolled in the fund.\n  7. For purposes of this section, the adjustment factor referenced in\nthis section shall be the ten year rolling average medical component of\nthe consumer price index as published by the United States department of\nlabor, bureau of labor statistics, for the preceding ten years.\n
N.Y. PBA Law § 582 — New York Code / Act PBA / Article 3 / Title 4 / Section 582
Agreement of the state
Status: in_force

§ 582. Agreement of the state. The state does pledge to and agree with\nthe holders of any bonds that the state will not authorize the\nconstruction of any causeway, bridge, tunnel, road, highway or other\nconnection for vehicular traffic, which will be competitive with the\nbridges authorized pursuant to this title nor will it limit or alter the\nrights hereby vested in the authority to establish and collect tolls and\nfix and collect payments, charges and fees or in any way impair the\nrights and remedies of bondholders; provided that a causeway, bridge,\ntunnel, road, highway or other connection for vehicular traffic shall be\nconsidered as competitive only if it shall form a connection for\nvehicular traffic between the state and the province of Ontario, Canada,\nacross the Saint Lawrence river within a distance of thirty miles from\nthe bridges authorized pursuant to this title.\n
N.Y. PBA Law § 3571 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3571
Separability
Status: in_force

§ 3571. Separability. If any clause, sentence, paragraph, section, or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. EDN Law § 3003 — New York Code / Act EDN / Title 4 / Article 61 / Section 3003
Qualifications of superintendents
Status: in_force

§ 3003. Qualifications of superintendents.  1. No person except one in\npossession of a valid superintendent's certificate prior to July first,\nnineteen hundred seventy-one shall hereafter be eligible to the position\nof superintendent of schools, deputy superintendent of schools,\nassociate superintendent of schools, assistant superintendent of schools\nor other superintendent of schools or member of a board of examiners in\na city school district or as a superintendent of schools in a union free\nor central school district having a population of more than forty-five\nhundred, or eligible to appointment to the office of district\nsuperintendent of schools in this state, who is not eligible for a\nsuperintendent's certificate issued by the commissioner in accordance\nwith the following requirements:\n  a. He shall be a graduate of a college or university approved by the\ncommissioner and in addition shall have completed sixty semester hours\nin graduate courses approved by the commissioner; and\n  b. At the time of his appointment each shall have completed three\nyears of teaching experience satisfactory to the commissioner in public\nor non-public schools.\n  2. The commissioner of education shall issue a superintendent's\npermanent certificate to any person who on March twenty-fifth, nineteen\nhundred thirty-seven, held or was appointed to, a position of\nsuperintendent of schools, deputy superintendent of schools, associate\nsuperintendent of schools, assistant superintendent of schools or other\nsuperintendent of schools or member of a board of examiners in a city or\nas a superintendent of schools in a village having a population of more\nthan forty-five hundred, or district superintendent of schools.\n  3. The commissioner, at the request of a board of education or board\nof cooperative educational services, may provide for the issuance of a\ncertificate as superintendent of schools to exceptionally qualified\npersons who do not meet all of the graduate course or teaching\nrequirements of subdivision one of this section, but whose exceptional\ntraining and experience are the substantial equivalent of such\nrequirements and qualify such persons for the duties of a superintendent\nof schools.\n  4. Notwithstanding any other provision of law, the commissioner shall\nrequire that any person applying, on or after January first, nineteen\nhundred ninety-one, for a superintendent's certificate shall, in\naddition to all the other requirements, have completed two hours of\ncoursework or training regarding the identification and reporting of\nchild abuse and maltreatment. The coursework or training shall be\nobtained from an institution or provider which has been approved by the\ndepartment to provide such coursework or training. The coursework or\ntraining shall include information regarding the physical and behavioral\nindicators of child abuse and maltreatment and the statutory reporting\nrequirements set out in sections four hundred thirteen through four\nhundred twenty of the social services law, including but not limited to,\nwhen and how a report must be made, what other actions the reporter is\nmandated or authorized to take, the legal protections afforded\nreporters, and the consequences for failing to report. Each applicant\nshall provide the department with documentation showing that he or she\nhas completed the required training.\n  5. The commissioner may provide for the issuance of a certificate as\ndeputy, associate or assistant superintendent for business to any\nqualified person who meets all of the requirements of subdivision one of\nthis section, except those contained in paragraph b of subdivision one\nof this section.\n
N.Y. EDN Law § 3217 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3217
Procedure for issuance of employment certificates
Status: in_force

* § 3217. Procedure for issuance of employment certificates. 1. An\napplication for an employment certificate shall be made by a minor on a\nform prescribed by the commissioner of education.\n  2. Before issuing an employment certificate the issuing official shall\nrequire the minor to submit the following:\n  a. Evidence of age;\n  b. Written consent of the parent or guardian;\n  c. A certificate of physical fitness; and\n  d. If the application is for a full-time employment certificate, a\nschooling record.\n  In addition, in a city or school district which, pursuant to section\nthirty-two hundred five, subdivision three, of this article, requires\nminors from sixteen to seventeen years of age who are not employed to\nattend school, the certificating official shall require a minor applying\nfor a full-time employment certificate to submit the following:\n  a. A pledge of employment; and\n  b. A schooling record.\n  * NB Effective until May 9, 2027\n  * § 3217. Procedure for issuance of employment certificates. 1. An\napplication for an employment certificate shall be made by a minor in\nthe manner prescribed by the commissioner of labor and consistent with\nthe requirements of section one hundred thirty-five of the labor law.\n  2. Before issuing an employment certificate the issuing official shall\nrequire the minor to submit the following:\n  a. Evidence of age;\n  b. Written consent of the person in parental relation as defined in\nsection thirty-two hundred twelve of this part; and\n  c. If the application is for a full-time employment certificate, a\nschooling record.\n  In addition, in a city or school district which, pursuant to section\nthirty-two hundred five, subdivision three, of this article, requires\nminors from sixteen to seventeen years of age who are not employed to\nattend school, the certificating official shall require a minor applying\nfor a full-time employment certificate to submit the following:\n  a. A pledge of employment; and\n  b. A schooling record.\n  * NB Effective May 9, 2027\n
N.Y. PBA Law § 1699-N — New York Code / Act PBA / Article 8 / Title 4-C / Section 1699-N
Designation of small business set-asides at the Medgar Evers college, city university of New York
Status: in_force

§ 1699-n. Designation of small business set-asides at the Medgar Evers\ncollege, city university of New York. The chairman has authority to\ndesignate as small business set-asides specified commodities, equipment\nor services or contracts for construction, reconstruction,\nrehabilitation or improvement of college facilities for which purchase\nor work contract have been requested by the board of trustees for the\nMedgar Evers college, city university of New York under the provisions\nof this title. The designation shall be made prior to the advertisement\nfor bids as provided by law, and when the advertisement is published it\nshall indicate the purchases which have been designated small business\nset-asides. To effectuate the purposes of this title, the chairman may\nexercise this authority whenever there is a reasonable expectation that\nbids will be obtained from at least three small businesses capable of\nfurnishing the desired property or service at a fair and reasonable\nprice.\n  In the case of purchases or work contracts designated as small\nbusiness set-asides, invitations to bid shall be confined to small\nbusinesses and bids from other businesses shall be rejected. The\npurchase, contract or expenditure of funds shall be awarded to the\nlowest responsible bidder among the small businesses (considering\nconformity with specifications and terms) in accordance with the rules\nand regulations for purchasing published by the authority.\n  It is hereby declared that a portion of small business set-asides,\nshall be set aside in turn as exclusively as possible, to small\nbusinesses owned or controlled by minority entrepreneurs as previously\ndefined, and that such aforementioned businesses, shall constitute not\nless than twenty-five percent of the successful bidders under this\ntitle. Other contracts and business that in the opinion of the chairman\ncan be judged to be substantially beneficial to socially or economically\ndisadvantaged individuals may also be excluded from the general\nprovisions and procedures applicable to the larger set-aside contracts.\n  Minority business concerns eligible hereunder shall be excluded from\nstipulated limitations of sales volume, number of employees and other\nfactors defined in this title.\n  Offers must be advertised in the locality where a contract is to be\neffectuated. In locations where twenty-five percent or more of the\npopulation is non-English-speaking, notices shall be published in\nappropriate translated form. The procurement officer shall cooperate\nwith county-wide business development organizations servicing minority\ncommunities in the formulation and maintenance of lists of qualified\ncontractors, and shall notify such contractors of opportunities to\nsubmit bids for set-aside contracts. Minority bidders will be notified\nof reasons why their bids were unsuccessful. That each minority small\nbusiness concern which bids is notified of reasons for failure to secure\na successful bid, and that where responsibility as defined by the\nprocurement officer or officers, agent or agents is a factor, such\nresponsibility will be defined, and such reasons for determination of\nlack of responsibility will be provided the minority small business\nbidders.\n  Bonding requirements shall be negotiable for minority bidders.\n
N.Y. VAT Law § 404-M — New York Code / Act VAT / Title 4 / Article 14 / Section 404-M
Distinctive license plates commemorating the World University Games
Status: in_force

§ 404-m. Distinctive license plates commemorating the World University\nGames. 1. Any person shall upon request be issued a license plate\ncommemorating the World University Games bearing the name and logo of\nthe World University Games. The arrangement of the name and logo on such\nlicense plate shall be in the sole discretion of the commissioner.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nand an additional annual service charge of forty dollars.\n  3. Of the forty dollar annual service charge collected by the\ncommissioner pursuant to subdivision two of this section, twenty-five\ndollars shall be transmitted to the comptroller for deposit into the\nWorld University Games Fund established by section ninety-seven-nn of\nthe state finance law to be made available to the Greater Buffalo\nAthletic Corporation.\n
N.Y. LAB Law § 293 — New York Code / Act LAB / Article 11 / Title 4 / Section 293
Washrooms
Status: in_force

§ 293. Washrooms. 1. There shall be provided and maintained for\nemployees in every factory suitable and convenient washrooms separate\nfor each sex, adequately equipped with washing facilities. Every\nwashroom shall be adequately ventilated and heated and shall be lighted\nby artificial means where necessary.\n  2. In factories where lead, arsenic or other poisonous substances or\ninjurious or noxious fumes, dust or gases are present as an incident or\nresult of the business or occupation, hot water, soap and individual\ntowels shall be furnished.\n
N.Y. EDN Law § 3302 — New York Code / Act EDN / Title 4 / Article 66 / Section 3302
Definitions
Status: in_force

§ 3302. Definitions. As used in this compact, unless the context\nclearly requires a different meaning:\n  1. "Active duty" means full-time duty status in the active uniformed\nservice of the United States, including members of the National Guard\nand Reserve on active duty orders pursuant to 10 U.S.C. sections 1209\nand 1211.\n  2. "Children of military families" means a school-aged child or\nchildren, enrolled in kindergarten through twelfth grade, in the\nhousehold of an active duty member.\n  3. "Compact commissioner" means the voting representative of each\ncompacting state appointed pursuant to section thirty-three hundred nine\nof this article.\n  4. "Deployment" means the period one month prior to the service\nmembers' departure from their home station on military orders through\nsix months after return to their home station.\n  5. "Education records" or "educational records" means those official\nrecords, files, and data directly related to a student and maintained by\nthe school or local educational agency, including but not limited to\nrecords encompassing all the material kept in the student's cumulative\nfolder such as general identifying data, records of attendance and of\nacademic work completed, records of achievement and results of\nevaluative tests, health data, disciplinary status, test protocols, and\nindividualized education programs.\n  6. "Extracurricular activities" means a voluntary activity sponsored\nby the school or local educational agency or an organization sanctioned\nby the local educational agency. Extracurricular activities include, but\nare not limited to, preparation for and involvement in public\nperformances, contests, athletic competitions, demonstrations, displays,\nand club activities.\n  7. "Interstate commission on educational opportunity for military\nchildren" means the commission that is created under section\nthirty-three hundred nine of this article, which is generally referred\nto in this article as the "interstate commission".\n  8. "Local educational agency" means a public authority legally\nconstituted by the state as an administrative agency to provide control\nof and direction for kindergarten through twelfth grade public\neducational institutions. In New York state, a local educational agency\nmeans a public school district located within New York state.\n  9. "Member state" means a state that has enacted this compact.\n  10. "Military installation" means a base, camp, post, station, yard,\ncenter, homeport facility for any ship, or other activity under the\njurisdiction of the department of defense, including any leased\nfacility, which is located within any of the several states, the\nDistrict of Columbia, the commonwealth of Puerto Rico, the United States\nVirgin Islands, Guam, American Samoa, the Northern Marianas Islands and\nany other United States territory. Such term does not include any\nfacility used primarily for civil works, rivers and harbors projects, or\nflood control projects.\n  11. "Non-member state" means a state that has not enacted this\ncompact.\n  12. "Receiving state" means the state to which a child of a military\nfamily is sent, brought, or caused to be sent or brought.\n  13. "Rule" means a written statement by the interstate commission\npromulgated pursuant to section thirty-three hundred twelve of this\narticle that is of general applicability, implements, interprets or\nprescribes a policy or provision of the compact, or an organizational,\nprocedural, or practice requirement of the interstate commission.\n  14. "Sending state" means the state from which a child of a military\nfamily is sent, brought, or caused to be sent or brought.\n  15. "State" means a state of the United States, the District of\nColumbia, the commonwealth of Puerto Rico, the United States Virgin\nIslands, Guam, American Samoa, the Northern Marianas Islands and any\nother United States territory.\n  16. "Student" means the child of a military family for whom the local\neducational agency receives public funding and who is formally enrolled\nin kindergarten through twelfth grade.\n  17. "Transition" means (a) the formal and physical process of\ntransferring from school to school as a result of military orders or (b)\nthe period of time in which a student moves from one school in the\nsending state to another school in the receiving state.\n  18. "Uniformed service" or "uniformed services" means the Army, Navy,\nAir Force, Marine Corps, Space Force, Coast Guard as well as the\nCommissioned Corps of the National Oceanic and Atmospheric\nAdministration, and Public Health Services.\n  19. "Veteran" means a person who served in the uniformed services and\nwho was discharged or released therefrom under conditions other than\ndishonorable.\n
N.Y. ELN Law § 5-400 — New York Code / Act ELN / Article 5 / Title 4 / Section 5-400
Cancellation of registration; generally
Status: in_force

§ 5-400. Cancellation of registration; generally. 1. A voter's\nregistration, including the registration of a voter in inactive status,\nshall be cancelled if, since the time of his last registration, he:\n  (a) Moved his or her residence outside the state.\n  (b) Was convicted of a felony disqualifying him from voting pursuant\nto the provisions of section 5-106 of this article.\n  (c) Has been adjudicated an incompetent.\n  (d) Refused to take a challenge oath.\n  (e) Has died.\n  (f) Did not vote in any election conducted by the board of elections\nduring the period ending with the second general election at which\ncandidates for federal office are on the ballot after his name was\nplaced in inactive status and for whom the board of elections did not,\nduring such period, in any other way, receive any information that such\nvoter still resides in the same county or city.\n  (g) Personally requested to have his name removed from the list of\nregistered voters.\n  (h) For any other reason, is no longer qualified to vote as provided\nin this chapter.\n  2. For the purposes of this section a personal request to be removed\nfrom the list of registered voters shall include the following:\n  (a) A statement signed by the registrant which makes such a request.\n  (b) A notice that the registrant has moved to an address outside the\nstate which is signed by the registrant and sent to the board of\nelections.\n  (c) A notice signed by the registrant which states that such\nregistrant has moved to an address outside the state and that such\nchange of address is for voter registration purposes.\n  (d) A notice from a board of elections or other voter registration\nofficer or agency that such person has registered to vote from an\naddress outside the state.\n
N.Y. RPT Law § 1156 — New York Code / Act RPT / Article 11 / Title 4 / Section 1156
Publication of notices; distress and sale
Status: in_force

§ 1156. Publication of notices; distress and sale. 1. Before\nproceeding to enforce the collection of tax liens pursuant to this\narticle, the enforcing officer shall publish such notices as the\ngeneral, special or local laws relating to his or her tax district\nrequires.\n  2. Proceedings to enforce collection by distress and sale of personal\nproperty or other means of compulsory collection shall not be a\ncondition precedent to the remedies provided in this article.\n
N.Y. PBA Law § 1077 — New York Code / Act PBA / Article 5 / Title 4 / Section 1077
Suffolk county water authority
Status: in_force

§ 1077. Suffolk county water authority. 1. The corporate existence of\nthe Suffolk county water authority, heretofore created pursuant to the\nprovisions of chapter eight hundred forty-seven of the laws of nineteen\nhundred thirty-four and thereafter continued pursuant to the provisions\nof article seven of the county law, is hereby continued for the purposes\nand charged with the duties and having the powers provided in this\ntitle. The authority shall be a body corporate and politic, constituting\na public benefit corporation. It shall consist of five members all of\nwhom shall be residents of the county of Suffolk. The present members of\nthe authority shall continue in office until the expiration of their\nseveral terms of office and the board of supervisors shall appoint two\nadditional members whose terms of office shall in the first instance be\nfixed by such board of supervisors in such manner and for such periods\nof time that the office of one member of the authority shall expire each\nyear. Their successors shall be appointed one member annually by the\ncounty board of supervisors for a term of five years. Vacancies in the\nmembership of such authority, other than by expiration of term, shall be\nfilled by the board of supervisors by appointment for the unexpired\nterm. The chairman in office at the effective date of this title shall\ncontinue in such office until the expiration of his term of office.\nThereafter the chairman of such authority shall be appointed by the\ncounty board of supervisors. The members of such authority shall receive\nsuch compensation for their services as shall be fixed by the board of\nsupervisors and shall be reimbursed for all necessary and actual\nexpenses incurred in connection with their duties as such members and in\nconnection with the carrying out of the purposes of this title. The\npower of such authority shall be vested in and exercised by a majority\nof the members of the authority then in office. Said authority may\ndelegate to one or more of its members, or its agents, or employees,\nsuch powers and duties as it may deem proper. The corporate existence of\nsuch authority shall continue until its liabilities have been met and\nits bonds have been paid in full. Upon ceasing to exist, all its rights\nand property shall pass to the county of Suffolk.\n  2. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  3. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county of Suffolk and the state of New\nYork, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n
N.Y. EDN Law § 3020 — New York Code / Act EDN / Title 4 / Article 61 / Section 3020
Discipline of teachers
Status: in_force

§ 3020. Discipline of teachers. 1. No person enjoying the benefits of\ntenure shall be disciplined or removed during a term of employment\nexcept for just cause and in accordance with the procedures specified in\nsection three thousand twenty-a of this article or in accordance with\nalternate disciplinary procedures contained in a collective bargaining\nagreement covering such person's terms and conditions of employment that\nwas effective on or before September first, nineteen hundred ninety-four\nand has been unaltered by renegotiation, or in accordance with\nalternative disciplinary procedures contained in a collective bargaining\nagreement covering such person's terms and conditions of employment that\nbecomes effective on or after September first, nineteen hundred\nninety-four; provided, however, that any such alternate disciplinary\nprocedures contained in a collective bargaining agreement that becomes\neffective on or after September first, nineteen hundred ninety-four,\nmust provide for the written election by the employee of either the\nprocedures specified in such section three thousand twenty-a or the\nalternative disciplinary procedures contained in the collective\nbargaining agreement and must result in a disposition of the\ndisciplinary charge within the amount of time allowed therefor under\nsuch section three thousand twenty-a.\n  2. No person enjoying the benefits of tenure shall be suspended for a\nfixed time without pay or dismissed due to a violation of article\nthirteen-E of the public health law.\n  3. Notwithstanding any inconsistent provision of law, the procedures\nset forth in section three thousand twenty-a of this article and\nsubdivision seven of section twenty-five hundred ninety-j of this\nchapter may be modified or replaced by agreements negotiated between the\ncity school district of the city of New York and any employee\norganization representing employees or titles that are or were covered\nby any memorandum of agreement executed by such city school district and\nthe council of supervisors and administrators of the city of New York on\nor after December first, nineteen hundred ninety-nine. Where such\nprocedures are so modified or replaced: (i) compliance with such\nmodification or replacement procedures shall satisfy any provision in\nthis chapter that requires compliance with section three thousand\ntwenty-a of this article, (ii) any employee against whom charges have\nbeen preferred prior to the effective date of such modification or\nreplacement shall continue to be subject to the provisions of such\nsection as in effect on the date such charges were preferred, (iii) the\nprovisions of subdivisions one and two of this section shall not apply\nto agreements negotiated pursuant to this subdivision, and (iv) in\naccordance with paragraph (e) of subdivision one of section two hundred\nnine-a of the civil service law, such modification or replacement\nprocedures contained in an agreement negotiated pursuant to this\nsubdivision shall continue as terms of such agreement after its\nexpiration until a new agreement is negotiated. Notwithstanding any\ninconsistent provision of law, the commissioner shall review any appeals\nauthorized by such modification or replacement procedures within fifteen\ndays from receipt by such commissioner of the record of prior\nproceedings in the matter subject to appeal. Such review shall have\npreference over all other appeals or proceedings pending before such\ncommissioner.\n  4. a. Notwithstanding any inconsistent provision of law, the\nprocedures set forth in section three thousand twenty-a of this article\nand subdivision seven of section twenty-five hundred ninety-j of this\nchapter may be modified by agreements negotiated between the city school\ndistrict of the city of New York and any employee organization\nrepresenting employees or titles that are or were covered by any\nmemorandum of agreement executed by such city school district and the\nunited federation of teachers on or after June tenth, two thousand two.\nWhere such procedures are so modified: (i) compliance with such modified\nprocedures shall satisfy any provision of this chapter that requires\ncompliance with section three thousand twenty-a of this article; (ii)\nany employee against whom charges have been preferred prior to the\neffective date of such modification shall continue to be subject to the\nprovisions of such section as in effect on the date such charges were\npreferred; (iii) the provisions of subdivisions one and two of this\nsection shall not apply to agreements negotiated pursuant to this\nsubdivision, except that no person enjoying the benefits of tenure shall\nbe disciplined or removed during a term of employment except for just\ncause; and (iv) in accordance with paragraph (e) of subdivision one of\nsection two hundred nine-a of the civil service law, such modified\nprocedures contained in an agreement negotiated pursuant to this\nsubdivision shall continue as terms of such agreement after its\nexpiration until a new agreement is negotiated.\n  b. Any modifications to the procedures set forth in section three\nthousand twenty-a of this article and subdivision seven of section\ntwenty-five hundred ninety-j of this chapter shall not change the manner\nin which the fees and expenses of such proceedings pursuant to the\naforesaid sections are paid.\n
N.Y. EDN Law § 3012-D — New York Code / Act EDN / Title 4 / Article 61 / Section 3012-D
Annual teacher and principal evaluations
Status: in_force

§ 3012-d. Annual teacher and principal evaluations.  1. General\nprovisions. Notwithstanding any other provision of law, rule or\nregulation to the contrary, the annual teacher and principal evaluations\n(hereinafter, evaluations) implemented by districts shall be conducted\nin accordance with the provisions of this section. Such annual\nevaluations shall be a significant factor for employment decisions\nincluding but not limited to, promotion, retention, tenure\ndetermination, termination, and supplemental compensation. Such\nevaluations shall also be a significant factor in teacher and principal\ndevelopment including but not limited to coaching, induction support,\nand differentiated professional development. Provided, however, that for\nthe two thousand twenty-four--two thousand twenty-five school year and\nthereafter, school districts and boards of cooperative educational\nservices may conduct annual professional performance reviews pursuant to\nsection three thousand twelve-e of this article. In such case, the\nprovisions of this section shall not be applicable. Provided, however,\nannual teacher and principal evaluation plans adopted pursuant to this\nsection shall not be applicable after the two thousand thirty-one--two\nthousand thirty-two school year.\n  2. Definitions.\n  a. "District" shall mean school district and/or board of cooperative\neducational services, except that for purposes of subdivision eleven of\nthis section it shall only mean a school district;\n  b. "Principal" shall mean a building principal or an administrator in\ncharge of an instructional program of a board of cooperative educational\nservices;\n  c. "Student growth" shall mean the change in student achievement for\nan individual student between two or more points in time.\n  d. "State-designed supplemental assessment" shall mean a selection of\nstate tests or assessments developed or designed by the state education\ndepartment, or that the state education department purchased or acquired\nfrom (i) another state; (ii) an institution of higher education; or\n(iii) a commercial or not-for-profit entity, provided that such entity\nmust be objective and may not have a conflict of interest or appearance\nof a conflict of interest; such definition may include tests or\nassessments that have been previously designed or acquired by local\ndistricts, but only if the state education department significantly\nmodifies growth targets or scoring bands for such tests or assessments\nor otherwise adapts the test or assessment to the state education\ndepartment's requirements.\n  3. Ratings. The annual evaluations conducted pursuant to this section\nshall rate teacher and principal effectiveness using the following\ncategories: highly effective or "H", effective or "E", developing or "D"\nand ineffective or "I".\n  4. Categories. The annual evaluation system shall consist of multiple\nmeasures in two categories: student performance and teacher\nobservations.\n  a. Student performance category. Such category shall have at least one\nsubcomponent and an optional second subcomponent as follows:\n  (1) For the first subcomponent, a teacher shall have a student\nlearning objective (SLO) consistent with a goal-setting process\ndetermined or developed by the commissioner, that results in a student\ngrowth score; provided that, for any teacher whose course ends in a\nstate-created or administered assessment, such assessment may be used as\nthe underlying assessment for such SLO;\n  (2) For the optional second subcomponent, a district may locally\nselect a second measure in accordance with this subparagraph. Such\nsecond measure shall apply in a consistent manner, to the extent\npracticable, across the district and be either: (A) based on a\nstate-created or administered test, or (B) based on a state-designed\nsupplemental assessment. The optional second subcomponent shall provide\noptions for multiple assessment measures that are aligned to existing\nclassroom and school best practices and take into consideration the\nrecommendations in the testing reduction report as required by section\none of subpart F of part EE of chapter fifty-six of the laws of two\nthousand fifteen which added this section regarding the reduction of\nunnecessary additional testing.\n  The commissioner shall determine the weights and scoring ranges for\nthe subcomponent or subcomponents of the student performance category\nthat shall result in a combined category rating. The commissioner shall\nalso set parameters for appropriate targets for student growth for both\nsubcomponents, and the department must affirmatively approve and shall\nhave the authority to disapprove or require modifications of district\nplans that do not set appropriate growth targets, including after\ninitial approval. The commissioner shall set such weights and parameters\nconsistent with the terms contained herein.\n  b. Teacher observations category. The observations category for\nteachers shall be based on a state-approved rubric and shall include up\nto three subcomponents. Such category must include: (1) a subcomponent\nbased on classroom observations conducted by a principal or other\ntrained administrator and must also include (2) a subcomponent based on\nclassroom observations by an impartial independent trained evaluator or\nevaluators selected by the district. An independent trained evaluator\nmay be employed within the school district, but not the same school\nbuilding, as the teacher being evaluated. Such category may also include\na subcomponent based on classroom observations conducted by a trained\npeer teacher rated effective or highly effective from the same school or\nfrom another school in the district.\n  The commissioner shall determine the weights, and/or weighting options\nand scoring ranges for the subcomponents of the observations category\nthat result in a combined category rating. The commissioner shall also\ndetermine the minimum number of observations to be conducted annually,\nincluding frequency and duration, and any parameters therefor. The\ncommissioner shall set such weights and scores consistent with the terms\ncontained herein.\n  5. Rating determination. The overall rating determination shall be\ndetermined as follows:\n  a. If a teacher receives an H in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be H;\n  b. If a teacher receives an H in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be H;\n  c. If a teacher receives an H in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be E;\n  d. If a teacher receives an H in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be D;\n  e. If a teacher receives an E in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be H;\n  f. If a teacher receives an E in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be E;\n  g. If a teacher receives an E in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be E;\n  h. If a teacher receives an E in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be D;\n  i. If a teacher receives a D in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be E;\n  j. If a teacher receives a D in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be E;\n  k. If a teacher receives a D in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be D;\n  l. If a teacher receives a D in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be I;\n  m. If a teacher receives an I in the teacher observation category, and\nan H in the student performance category, the teacher's composite score\nshall be D;\n  n. If a teacher receives an I in the teacher observation category, and\nan E in the student performance category, the teacher's composite score\nshall be D;\n  o. If a teacher receives an I in the teacher observation category, and\na D in the student performance category, the teacher's composite score\nshall be I;\n  p. If a teacher receives an I in the teacher observation category, and\nan I in the student performance category, the teacher's composite score\nshall be I.\n  6. Prohibited elements. The following elements shall no longer be\neligible to be used in any evaluation subcomponent pursuant to this\nsection:\n  a. evidence of student development and performance derived from lesson\nplans, other artifacts of teacher practice, and student portfolios,\nexcept for student portfolios measured by a state-approved rubric where\npermitted by the department;\n  b. use of an instrument for parent or student feedback;\n  c. use of professional goal-setting as evidence of teacher or\nprincipal effectiveness;\n  d. any district or regionally-developed assessment that has not been\napproved by the department; and\n  e. any growth or achievement target that does not meet the minimum\nstandards as set forth in regulations of the commissioner adopted\nhereunder.\n  7. The commissioner shall ensure that the process by which weights and\nscoring ranges are assigned to subcomponents and categories is\ntransparent and available to those being rated before the beginning of\neach school year. Such process must ensure that it is possible for a\nteacher or principal to obtain any number of points in the applicable\nscoring ranges, including zero, in each subcomponent. The\nsuperintendent, district superintendent or chancellor and the\nrepresentative of the collective bargaining unit (where one exists)\nshall certify in the district's plan that the evaluation process shall\nuse the standards for the scoring ranges provided by the commissioner.\n  8. A student may not be instructed, for two consecutive school years,\nby any two teachers in the same district, each of whom received a rating\nof ineffective under an evaluation conducted pursuant to this section in\nthe school year immediately prior to the school year in which the\nstudent is placed in the teacher's classroom; provided, that if a\ndistrict deems it impracticable to comply with this subdivision, the\ndistrict shall seek a waiver from the department from such requirement.\n  9. Nothing in this section shall be construed to affect the unfettered\nstatutory right of a district to terminate a probationary (non-tenured)\nteacher or principal for any statutorily and constitutionally\npermissible reasons.\n  10. The local collective bargaining representative shall negotiate\nwith the district:\n  a. whether to use a second measure, and, in the event that a second\nmeasure is used, which measure to use, pursuant to subparagraph two of\nparagraph a of subdivision four of this section;\n  b. how to implement the provisions of paragraph b of subdivision four\nof this section, and associated regulations as established by the\ncommissioner, in accordance with article fourteen of the civil service\nlaw; and\n  c. the selection and use of an assessment in a teacher or principal's\nevaluation pursuant to subdivision four of this section and paragraphs a\nand b of subdivision sixteen of this section.\n  11. Each school district or board of cooperative educational services,\nas applicable, shall certify by September first of each year that their\nschool district or board of cooperative educational services has a\nteacher and principal evaluation plan that is in compliance with the\nrequirements of this section or a performance review plan that is in\ncompliance with the requirements of section three thousand twelve-e of\nthis article, as applicable, and that the district or board of\ncooperative educational services conducted evaluations in accordance\nwith their most recently approved plan during the preceding school year.\nProvided, however, that a school district or board of cooperative\neducational services may only have an approved teacher and principal\nevaluation plan pursuant to this section until June thirtieth, two\nthousand thirty-two.\n  12. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, all collective bargaining agreements entered into after\nApril first, two thousand fifteen shall be consistent with the\nrequirements of this section, unless the agreement relates to the two\nthousand fourteen--two thousand fifteen school year only. Nothing in\nthis section shall be construed to abrogate any conflicting provisions\nof any collective bargaining agreement in effect on April first, two\nthousand fifteen during the term of such agreement and until the entry\ninto a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this section shall apply.\n  13. Any reference in law to "annual professional performance review"\nshall be deemed to refer to an annual professional performance review\npursuant to section three thousand twelve-c of this article or annual\nteacher and principal evaluations pursuant to this section and any\nreferences to section three thousand twelve-c of this article shall be\ndeemed to refer to section three thousand twelve-c of this article\nand/or this section, as applicable.\n  14. The commissioner shall adopt regulations to align the principal\nevaluation system as set forth in section three thousand twelve-c of\nthis article with the new teacher evaluation system set forth herein.\n  15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision\ntwo and subdivisions four, five, five-a, nine, and ten of section three\nthousand twelve-c of this article, as amended, shall apply to this\nsection to the extent determined by the commissioner.\n  16. a. Notwithstanding any other provision of law, rule or regulation\nto the contrary, the grades three through eight English language arts\nand mathematics state assessments and all other state-created or\nadministered tests shall not be required to be utilized in any manner to\ndetermine a teacher or principal evaluation required by this section.\n  b. The commissioner shall promulgate rules and regulations providing\nalternative assessments that may be used in grades three through eight\ninstead of all other state-created or administered tests, which shall\ninclude all of the assessments that have been approved by the\ncommissioner for use in determining transition scores and ratings.\n  c. The selection and use of an assessment in a teacher or principal's\nevaluation pursuant to paragraphs a and b of this subdivision and\nsubdivision four of this section shall be subject to collective\nbargaining pursuant to article fourteen of the civil service law.\n  d. Notwithstanding any provision of subdivision twelve of this section\nto the contrary, nothing in this section shall be construed to abrogate\nany conflicting provisions of any collective bargaining agreement in\neffect on the date this subdivision takes effect and until the entry\ninto a successor collective bargaining agreement, provided that\nnotwithstanding any other provision of law to the contrary, upon\nexpiration of such term and the entry into a successor collective\nbargaining agreement the provisions of this subdivision shall apply;\nand, provided further, however, that any assessments used in determining\ntransition scores and ratings shall be used in determining scores and\nratings pursuant to this section instead of the grades three through\neight English language arts and mathematics state assessments until the\nentry into a successor collective bargaining agreement.\n  17. Notwithstanding any other provision of this section, for the two\nthousand twenty--two thousand twenty-one and the two thousand\ntwenty-one--two thousand twenty-two school years, no school district or\nboard of cooperative educational services shall be required to complete\nan annual teacher and principal evaluation required by this section for\nany classroom teacher or building principal.\n
N.Y. VAT Law § 469-A — New York Code / Act VAT / Title 4 / Article 17-A / Section 469-A
Powers of the commissioner
Status: in_force

§ 469-a. Powers of the commissioner. 1. In addition to any other\npowers and duties of the commissioner set forth in this chapter, the\ncommissioner shall have the power to enforce the provisions of this\narticle, in accordance with section four hundred seventy-one-a of this\narticle.\n  2. The commissioner shall prescribe such rules and regulations as the\ncommissioner shall deem necessary for the implementation of this section\nand section four hundred seventy-one-a of this article.\n
N.Y. SOS Law § 48 — New York Code / Act SOS / Article 2-A / Title 4 / Section 48
Legislative intent
Status: in_force

§ 48. Legislative intent. The legislature finds that there are a\nsignificant number of homeless and at-risk households living in\ntemporary and unstable conditions which would benefit from the provision\nof a comprehensive assistance program. The legislature further finds\nthat the current system of providing services to such households would\nbe improved by ensuring that a broad range of flexible, individualized\nassistance is available to stabilize households and to better meet\ndivergent local needs. The legislature, therefore, finds that state\nfinancial assistance should be made available for the purpose of\nproviding supportive services designed to stabilize households by\nattempting to avoid homelessness and, for those who are currently\nhomeless, by facilitating the transition form homelessness to permanent\nhousing.\n
N.Y. PBA Law § 1475-N — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-N
Tax exemptions and tax contract by the state
Status: in_force

§ 1475-n. Tax exemptions and tax contract by the state. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the state of New York and is a public purpose. Accordingly,\nthe authority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by this title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues or other income\nreceived by the authority.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The authority may pay, or may enter into agreements with the county\nor any municipality to pay, a sum or sums annually or otherwise or to\nprovide other considerations with respect to the real property owned by\nthe authority located within the county or such municipality.\n
N.Y. EDN Law § 3233 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3233
Penalties
Status: in_force

§ 3233. Penalties.  Except as otherwise provided, a violation of part\none of this article shall be punishable for the first offense by a fine\nnot exceeding ten dollars or ten days' imprisonment; for each subsequent\noffense by a fine not exceeding fifty dollars, or by imprisonment not\nexceeding thirty days, or by both such fine and imprisonment.\n  A violation of sections thirty-two hundred fifteen, thirty-two hundred\ntwenty-three and thirty-two hundred twenty-four of this article shall be\npunishable for a first offense by a fine of not less than twenty nor\nmore than fifty dollars; for a second offense by a fine of not less than\nfifty nor more than two hundred fifty dollars, or by imprisonment for\nnot more than thirty days or by both such fine and imprisonment; for a\nthird offense by a fine of not less than two hundred fifty dollars, or\nby imprisonment for not more than sixty days, or by both such fine and\nimprisonment.\n  Any person who knowingly makes a false statement in or in relation to\nany application made for an employment certificate or permit as to any\nmatter required by this chapter to appear in any affidavit, record,\ntranscript, certificate or permit therein provided for, is guilty of a\nmisdemeanor and upon conviction shall be punished, except as in this\nchapter or in the penal law otherwise provided, for a first offense by a\nfine of not more than one hundred dollars; for a second offense by a\nfine of not less than one hundred nor more than five hundred dollars, or\nby imprisonment for not more than thirty days or by both such fine and\nimprisonment; for a subsequent offense by a fine of not less than three\nhundred dollars, or by imprisonment for not more than sixty days, or by\nboth such fine and imprisonment.\n
N.Y. PBH Law § 3516 — New York Code / Act PBH / Article 35 / Title 4 / Section 3516
Use of x-rays with respect to dental services
Status: in_force

§ 3516. Use of x-rays with respect to dental services. The use of\nx-rays, performed in the course of dental services, shall be limited\nsolely to diagnostic purposes and shall not be used for the purpose of\nverifying services performed for which requests for payment were\nsubmitted to third party payors. Nothing in this section shall limit the\nuse of radiographic films or duplicates thereof.\n
N.Y. VAT Law § 417-A — New York Code / Act VAT / Title 4 / Article 16 / Section 417-A
Mandatory disclosures by sellers prior to resale
Status: in_force

§ 417-a. Mandatory disclosures by sellers prior to resale. 1.\nCertificate of prior use by dealer. (a) Upon the sale or transfer of\ntitle by a dealer of any second-hand passenger motor vehicle, the dealer\nshall execute and deliver to the buyer an instrument in writing in a\nform prescribed by the commissioner which shall set forth the nature of\nthe principal prior use of such vehicle when the dealer knows or has\nreason to know that such use was as a taxicab, rental vehicle, police\nvehicle, or vehicle which has been repurchased pursuant to either\nsection one hundred ninety-eight-a or one hundred ninety-eight-b of the\ngeneral business law, a similar statute of another state, or an\narbitration or alternative dispute procedure.\n  (b) Upon the sale or transfer of title by a dealer of any passenger\nmotor vehicle that the dealer knows or has reason to know was previously\nused as a driver education vehicle, the dealer shall execute and deliver\nto the buyer an instrument in writing in a form prescribed by the\ncommissioner acknowledging such prior use.\n  2. Certificate of prior nonconformity by manufacturer or dealer. Upon\nthe sale or transfer of title by a manufacturer, its agent or any dealer\nof any second-hand motor vehicle, previously returned to a manufacturer\nor dealer for nonconformity to its warranty or after final\ndetermination, adjudication or settlement pursuant to section one\nhundred ninety-eight-a or one hundred ninety-eight-b of the general\nbusiness law, the manufacturer or dealer shall execute and deliver to\nthe buyer an instrument in writing in a form prescribed by the\ncommissioner setting forth the following information in ten point, all\ncapital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER\nOR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR\nCONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK\nLAW." Such notice that a vehicle was returned to the manufacturer or\ndealer because it did not conform to its warranty shall also be\nconspicuously printed on the motor vehicle's certificate of title.\n  3. Violation. The failure of a dealer to deliver to the buyer the\ninstrument required by this section or the delivery of an instrument\ncontaining false or misleading information shall constitute a violation\nof this section.\n  4. Private Remedy. A consumer injured by a violation of this section\nmay bring an action to recover damages. Judgment may be entered for\nthree times the actual damages suffered by a consumer or one hundred\ndollars, whichever is greater. A court also may award reasonable\nattorneys' fees to a prevailing plaintiff buyer.\n  5. a. Action by the attorney general. Upon any violation of this\nsection, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of the\nviolation. If it shall appear to the satisfaction of the court or\njustice that the defendant has violated this section, an injunction may\nbe issued by the court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution.\n  b. Whenever the court shall determine that a violation of this section\nhas occurred, it may impose a civil penalty of not more than one\nthousand dollars for each violation. In connection with an application\nmade under this subdivision, the attorney general is authorized to take\nproof and to make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n
N.Y. PBA Law § 886 — New York Code / Act PBA / Article 4 / Title 4 / Section 886
Exemptions from taxation
Status: in_force

§ 886. Exemptions from taxation. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the state of New\nYork and it is a public purpose and the authority shall be regarded as\nperforming a governmental function in the exercise of the powers\nconferred upon it by this title and shall be required to pay no taxes\nupon any of the properties acquired by it or under its jurisdiction or\ncontrol or supervision or upon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nfree from taxation, except for transfer and estate taxes.\n
N.Y. RSS Law § 31-A — New York Code / Act RSS / Article 2 / Title 4 / Section 31-A
Participation by school district public libraries
Status: in_force

§ 31-a. Participation by school district public libraries.  a. A\nschool district public library, by resolution legally adopted by its\nboard of trustees, may elect to become a participating employer in the\nretirement system, separate and distinct from the school district.\nAcceptance of the school district public library as a participating\nemployer in the retirement system shall be mandatory with the\ncomptroller.\n  b. The officers and employees of such library shall be credited with\nsuch periods of prior service as shall be certified by the library for\nservice rendered to it, or its predecessor, or the state, or in any\nother capacity approved by such library and the comptroller. Service for\nsuch library after the date on which it commences to participate in the\nretirement system shall be considered as member service. An officer or\nemployee of such library who, as of the date he is so approved for\nmembership in the retirement system, is already a member thereof, shall\nnot have his total credit reduced by such approval. Any reserve held on\naccount of any such officer or employee in the pension accumulation fund\nshall be used as an offset against the deficiency contribution payable\nthereafter by such library on account of such officer or employee for\nany prior service credit and any such previous credit.\n
N.Y. EXC Law § 531 — New York Code / Act EXC / Article 19-G / Title 4 / Section 531
Reports
Status: in_force

§ 531. Reports. 1. The division for youth shall annually publish a\nreport summarizing:\n  (a) the amount of reimbursement made by each social services district\nto the state for each category of division facility pursuant to section\nfive hundred twenty-nine of this chapter, including the numbers of\nyouths maintained or supervised and the per diem rates charged;\n  (b) expenditures made by each such social services district for care,\nmaintenance and supervision furnished alleged and adjudicated juvenile\ndelinquents and persons in need of supervision in facilities operated by\nauthorized agencies for which reimbursement is approved pursuant to\nsection five hundred twenty-nine of this chapter, including the numbers\nof such youths in each category of facility and the per diem rates\ncharged; and\n  (c) expenditures made by each municipality for the care, maintenance\nand supervision of youths in secure and non-secure detention for which\nreimbursement is approved pursuant to section five hundred thirty of\nthis title, including the numbers of such youths in each category of\ndetention facility and the per diem rates charged.\n  2. Copies of such report shall be sent to the commissioner of each\nsocial services district, the chief executive officer of the locality\nresponsible for such expenditures, the director of such locality's\nprobation department, and the director of such locality's youth bureau,\nor if no such bureau exists, the chairman of such locality's youth\nboard.\n
N.Y. EDN Law § 3109 — New York Code / Act EDN / Title 4 / Article 63 / Section 3109
Reduction of salaries for purchase of annuities
Status: in_force

§ 3109. Reduction of salaries for purchase of annuities.  Each board\nof education, trustee or trustees in any school district, and each board\nof cooperative educational services or county vocational education and\nextension board, in its discretion, may enter into a written agreement\nwith any employee of such school district or board to reduce the annual\nsalary as otherwise payable by law of such employee for the purpose of\npurchasing an annuity or investing in a custodial account as permitted\nunder section 403(b) of the United States Internal Revenue Code, as\namended, for such employee. Any such agreement may be terminated at any\ntime upon written notice by either such employee or such school district\nor board. Nothing contained in this section shall be construed to\ndiminish or impair any benefits to which such employee or his legal\nrepresentatives or beneficiaries would be otherwise entitled had such\nsalary reduction agreement not been entered into in accordance with the\nprovisions of this section.\n
N.Y. ENV Law § 27-0405 — New York Code / Act ENV / Article 27 / Title 4 / Section 27-0405
New York state local resource reuse and development program
Status: in_force

§ 27-0405. New York state local resource reuse and development program.\n  1. The department shall design and actively implement a local resource\nreuse and development program which shall promote the collection,\nintermediate processing and marketing of waste materials that are now\nbeing disposed of as municipal solid waste in New York state. The\nprogram shall:\n  (a) promote the development and implementation of resource reuse\nprograms by municipalities;\n  (b) serve as a clearinghouse for information regarding existing\nmunicipal resource reuse programs;\n  (c) identify special needs and problems facing municipalities in\ndeveloping and implementing resource reuse programs, and recommend\napproaches and solutions to address such identified needs and problems;\nand\n  (d) provide other technical assistance to municipalities seeking to\ndevelop and implement resource reuse programs.\n  2. The program shall provide funding for up to seventy-five percent of\nthe cost of municipal resource reuse programs, including the cost of\nplanning, designing, coordinating and implementing collection,\nprocessing, marketing, public participation, promotional and other\nactivities essential to carrying out the program. Funds shall be made\navailable for one or more of the following purposes:\n  (a) an analysis of the municipal waste stream;\n  (b) a preliminary market survey to identify:\n  (1) firms in the region that currently process, broker, market or\notherwise engage in resource reuse activities, and\n  (2) the quantity of additional waste materials that current markets\ncould absorb;\n  (c) development and distribution of information based on the operation\nof the program and the related materials and market considerations;\n  (d) support of a local resource reuse coordinator who will be\nresponsible for overseeing development and implementation of the\nmunicipal resource reuse program. Duties shall include coordinating\nmunicipal collection, intermediate processing and marketing efforts with\nexisting local, regional and state resource reuse and market development\nefforts; and\n  (e) development of a comprehensive resource reuse public education and\npromotion campaign to inform residents regarding the need for and\noperation of local resource reuse efforts and to increase public\nawareness of the benefits to be accrued from utilizing reused and\nrecycled products. The promotional campaign shall include, but need not\nbe limited to:\n  (1) public education and outreach activities such as: magazine,\nnewspaper, television, radio and public transportation advertisements\nand public informational meetings and seminars; and\n  (2) dissemination of public information materials providing the\ndetails of the municipal program including, but not limited to items to\nbe collected, collection locations and schedules.\n  3. The department shall receive applications for assistance from a\nmunicipality, acting alone or in conjunction with one or more other\nmunicipalities.  Applications shall be evaluated based on the following\ncriteria:\n  (a) energy savings of the proposal;\n  (b) technical feasibility of the proposal;\n  (c) municipal government commitment to the program;\n  (d) whether the applicant has pursued other sources of funding,\nincluding, but not limited to funding available under title nine of\narticle fifty-one of this chapter; and\n  (e) demonstrated ability of the applicant to carry out the proposed\nprogram.\n  4. In evaluating proposals, the department shall consider the\npotential for coordination and consolidation of solid waste practices\namong municipalities within specified areas or regions, and shall\nencourage such cooperation and consolidation where it is practicable and\nwould result in enhanced energy savings, environmental protection and\ncost effectiveness.\n
N.Y. RPT Law § 973 — New York Code / Act RPT / Article 9 / Title 4-A / Section 973
Town may elect method of payment of taxes; certification
Status: in_force

§ 973. Town may elect method of payment of taxes; certification.  1.\nUpon the enactment of such local law by a county pursuant to section\nnine hundred seventy-two of this chapter, the town board of any town may\ndetermine that thereafter and until such action be duly rescinded, the\namount of taxes for county, town and special district purposes\nconstituting in the aggregate an amount in excess of fifty dollars\nlevied by the board of supervisors pursuant to law upon any parcel of\nreal property situated within such town, may be paid in installments as\nprovided in the local law enacted by the county pursuant to section nine\nhundred seventy-two of this chapter.\n  2. The determination pursuant to subdivision one of this section shall\nbe made by resolution of the town board at any meeting thereof held\nprior to the first day of October, and when such determination shall\nhave been made, it shall be certified by the town clerk to the clerk of\nthe board of supervisors on or before the first day of October following\nsuch determination. Such resolution may be rescinded prior to October\nfirst in any year following the adoption thereof.\n  3. Whenever a resolution has been adopted pursuant to this section,\nthe notice required to be given by the collecting officer pursuant to\nsection nine hundred twenty of this chapter shall state that taxes may\nbe paid in installments as provided in the local law enacted by the\ncounty pursuant to section nine hundred seventy-two of this chapter.\nWarrants for the collection of taxes levied while such resolution\ncontinues in force shall contain appropriate directions for the\ncollection of taxes in the manner specified in such local law.\n
N.Y. PBA Law § 3562 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3562
State not liable on corporation bonds
Status: in_force

§ 3562. State not liable on corporation bonds.  The state shall not be\nliable on the bonds or notes of the corporation and such bonds or notes\nshall not be a debt of the state, and such bonds and notes shall contain\non the face thereof a statement to such effect.\n
N.Y. RPT Law § 1168 — New York Code / Act RPT / Article 11 / Title 4 / Section 1168
Certificate of sale as evidence
Status: in_force

§ 1168. Certificate of sale as evidence. 1. The certificate of sale or\nany other written instrument representing a tax lien shall be\npresumptive evidence in all courts in all proceedings by and against the\npurchaser and his or her representatives, heirs and assigns, of the\ntruth of the statements therein, of the title of the purchaser to the\nproperty therein described, and of the regularity and validity of all\nproceedings had in reference to the taxes or other legal charges for the\nnon-payment of which the tax lien was sold and the sale thereof.\n  2. After two years from the issuance of such certificate or other\nwritten instrument, no evidence shall be admissible in any court to\nrebut such presumption unless the holder thereof shall have procured\nsuch certificate of sale or such other written instrument by fraud or\nhad previous knowledge that it was fraudulently made or procured.\n
N.Y. PBH Law § 3456 — New York Code / Act PBH / Article 34 / Title 4 / Section 3456
Violations; penalties
Status: in_force

§ 3456. Violations; penalties.  1. Any person who shall engage in the\nbusiness or practice of funeral directing, undertaking or embalming in\nviolation of any provisions of this article, shall be liable to a\nmaximum civil penalty of one thousand dollars, suspension or revocation\nof license, or other disciplinary action, as specified by law for each\nsuch violation and may also be found guilty of a misdemeanor.\n  2. Each day during which or any part of which any such prohibited\nbusiness or practice is continued shall be deemed a separate violation.\n  3. One or more penalties for one or more violations by the same person\nwithin any period of time may be sued for and recovered by the attorney\ngeneral in the name of the people of the state.\n
N.Y. PBA Law § 3057 — New York Code / Act PBA / Article 10 / Title 4 / Section 3057
Payments to or purchases of obligations of the city
Status: in_force

§ 3057. Payments to or purchases of obligations of the city. 1. In the\nevent that the chief executive officer from time to time certifies to\nthe corporation an amount required by the city to enable it (a) to pay\nfor any item which is permitted by law to be included in the city's\ncapital budget for the fiscal year for which such certification is made,\nincluding payments to reimburse the general fund for moneys advanced and\nexpended for any such item, or (b) to pay operating expenses of the city\nother than those included in this paragraph, or (c) to liquidate all or\na portion of the city's cumulative deficits for the years nineteen\nhundred ninety-three through nineteen hundred ninety-five, both\ninclusive, or to pay, at maturity, or on the redemption date, the\nprincipal of and interest on obligations of the city issued for such\npurposes, or (d) to acquire, or cause to be acquired, all or a portion\nof the real or personal property leased by the city pursuant to one or\nmore lease agreements between the city and the Troy local development\ncorporation including the financing of the payment of any judgments or\ncompromised or settled claims against the city relating thereto, or (e)\nto pay at maturity, or on the redemption date, the principal of and\ninterest on obligations of the city previously issued to finance any\nitem in the current or any prior fiscal year, or (f) to pay for the\ncosts of closure of the city's landfill, the corporation may (i) pay to\nthe city, or (ii) purchase from the city obligations hereafter issued by\nthe city in an amount equivalent to, part or all of such certified\namount.\n  2. Moneys paid to the city pursuant to subparagraph (i) or (ii) of\nparagraph (e) of subdivision one of this section shall be held in trust\nfor the payment of city obligations or shall be used to make the payment\nfor which such moneys have been so certified. The corporation shall not\nmake any payment to the city, or purchase any obligations from the city,\npursuant to this section unless the city shall have agreed to observe\nthe conditions set forth in section three thousand fifty-eight of this\ntitle, subject to such modifications as are permitted thereunder.\n  3. In consideration of the payments made to the city for the purposes\ndescribed in paragraph (a), (b), (c), (d), (e) or (f) of subdivision one\nof this section, the corporation shall purchase from the city\nobligations issued by the city in accordance with applicable provisions\nof the state constitution and local finance law then in effect at the\ntime such obligations are issued in an amount equivalent to such\npayment. Nothing herein shall require the corporation to receive\nobligations issued by the city under the local finance law as a\ncondition to making a total of seventy-one million dollars of payments\nin the aggregate to the city pursuant to paragraph (a), (c), (d), (e),\nor (f) of subdivision one of this section.\n  4. Nothing contained in this title shall be deemed to create an object\nor purpose or to establish or extend a period for which a city bond may\nbe issued pursuant to the local finance law, or to create authority for\nthe city to issue a bond payable from a tax on real estate levied\noutside the limit imposed by the state constitution on the amount to be\nraised by tax on real estate for local purposes other then debt service,\nor to modify, amend, repeal, or rescind any other provision of the local\nfinance law governing the issuance by the city of its bonds or the\npayment of principal and interest thereon.\n  5. At all times after receipt of obligations of the city acquired\npursuant to this section, the corporation shall have the same rights and\npowers with respect to such obligations as the corporation shall have\nwith respect to obligations of the city received pursuant to subdivision\none of section three thousand fifty-five of this title; provided that\nthe corporation shall not deliver any obligation received pursuant to\nthis section for cancellation unless the city pays the principal amount\nand accrued interest thereon or pays accrued interest and exchanges such\nbond for another bond of the city in equal principal amounts in\nrefunding thereof unless the chief executive officer shall have\nrequested in writing that such obligations be delivered for\ncancellation, and provided further that the corporation may not sell or\ntransfer to any person other than the city any obligation of the city\nacquired by it pursuant to this section unless the chief executive\nofficer has requested in writing that the corporation sell or transfer\nsuch obligation and, if such obligation be sold or transferred at\nprivate sale, unless the terms of such sale have been approved by the\ncity comptroller.\n
N.Y. PBA Law § 1689-G — New York Code / Act PBA / Article 8 / Title 4 / Section 1689-G
Local government infrastructure; authority financing of eligible wireless 911 capital equipment
Status: in_force

§ 1689-g. Local government infrastructure; authority financing of\neligible wireless 911 capital equipment. 1. Definition. For the purposes\nof this section "eligible wireless 911 capital equipment" shall include,\nbut not be limited to, radio equipment, computer equipment, dispatch\nequipment, including consoles and monitors, telecommunications switches\nand any other equipment necessary and attendant to a 911 wireless\ntelecommunications system.\n  2. Notwithstanding any other provision of law to the contrary, the\nauthority is hereby authorized to issue bonds, notes or other\nobligations in one or more series including bonds, notes or other\nobligations issued to finance one or more debt service reserve funds, to\npay the cost of issuance of such bonds, notes or other obligations, and\nbonds, notes or other obligations issued to refund or otherwise repay\nsuch bonds, notes or other obligations previously issued, for the\npurpose of financing the costs of eligible wireless 911 capital\nequipment for any political subdivisions eligible to receive aid\npursuant to a chapter of the laws of two thousand two. Such bonds, notes\nor other obligations issued by the authority shall not be a debt of the\nstate or the political subdivision, and the state and the political\nsubdivision shall not be liable thereon, nor shall they be payable out\nof any funds other than those made available by an eligible political\nsubdivision subject to annual appropriation by the political subdivision\nas provided in subdivision three of this section or state aid pledged\nand assigned by a political subdivision to the authority for debt\nservice payments and related expenses pursuant to any financing\nagreement entered into pursuant to subdivision three of this section.\n  3. Notwithstanding any other provision of law to the contrary, in\norder to assist the authority in undertaking the administration and\nfinancing of wireless 911 capital equipment authorized pursuant to\nsubdivision two of this section, an eligible political subdivision is\nhereby authorized to enter into one or more financing agreements with\nthe authority none of which shall exceed ten years in duration, upon\nsuch terms and conditions as the authority and an eligible political\nsubdivision agree, so as to annually provide to the authority, in the\naggregate, a sum not to exceed the annual debt service payments and\nrelated expenses required for the bonds, notes or other obligations\nissued pursuant to this section. Any financing agreement entered into\npursuant to this subdivision shall not constitute debt of an eligible\npolitical subdivision within the meaning of any constitutional or\nstatutory provisions and shall be deemed executory only to the extent of\nmoneys available for such purposes, subject to annual appropriations of\nthe eligible political subdivision. Any such financing agreement or any\npayments made or to be made thereunder may be assigned or pledged by the\nauthority as security for its bonds, notes or other obligations\nauthorized by this section. The provisions of section one hundred nine-b\nof the general municipal law shall not be applicable to any financing\nagreement entered into between an eligible political subdivision and the\nauthority for the issuance of any bonds, notes, or other obligations for\nany eligible 911 wireless capital equipment which may be financed\npursuant to this section. Notwithstanding the foregoing, any political\nsubdivision entering into an agreement with the authority shall be\nsubject to the provisions of subdivision five and paragraph (c) of\nsubdivision 6 of section one hundred nine-b of the general municipal\nlaw.\n  4. Whenever the authority enters into a financing agreement with an\neligible political subdivision, each eligible political subdivision is\nhereby authorized, in connection with the financing agreement, to assign\nand pledge to the authority, a sufficient portion of any and all public\nfunds to be apportioned or otherwise to be made payable to the eligible\npolitical subdivision by the state of New York, for payments required\nunder the financing agreement between the eligible political subdivision\nand the authority.\n  5. All local and state officers are hereby authorized and required to\npay all funds so assigned and pledged pursuant to subdivisions three and\nfour of this section to the authority or, upon the direction of the\nauthority, to any trustee of any authority bond, note or other\nobligation issued pursuant to a certificate filed by the authority\npursuant to the provisions of this section.\n  6. The authority shall submit annually to the governor, and the chairs\nof the assembly ways and means and senate finance committees a report\nwhich shall include but not be limited to, detailed information on the\nfinancing activity pursuant to this section, and a detailed summary of\nthe financing agreements entered into with any political subdivision.\n
N.Y. PBA Law § 3573 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3573
Moneys received; department of health
Status: in_force

§ 3573.  Moneys received; department of health.  Notwithstanding any\nprovision of this article or any other provision of law to the contrary,\nso long as bonds issued by the dormitory authority on or before March\nthirty-first, two thousand twenty-five to make loans to the department\nof health of the state of New York to finance state hospital facilities\nlisted in section four hundred three of the public health law remain\noutstanding as defined in the bond resolution under which such bonds\nwere issued, the following provisions shall be applicable:\n  1.  All moneys derived or resulting from the care, maintenance and\ntreatment of patients at Roswell Park Cancer Institute or any other\nhealth facility owned or operated by the corporation or a subsidiary\nthereof, together with moneys received from fees, including parking\nfees, refunds, reimbursements, sales of property and miscellaneous\nreceipts of the corporation or its subsidiaries attributable to Roswell\nPark Cancer Institute and other revenues of the corporation or its\nsubsidiaries (other than gifts, grants, bequests and moneys received\nunder research contracts, and clinical practice income received pursuant\nto a clinical practice plan established pursuant to subdivision fourteen\nof section two hundred six of the public health law) and any other net\nrevenues received by the corporation from any of its subsidiaries or\nother entities shall be moneys of the department of health, whether\ncollected or received by such corporation or any of its subsidiaries,\nand shall be paid into the health income fund as required by section\nfour hundred nine of the public health law.  Such corporation or any\nsubsidiary created hereunder shall receive any moneys of the department\nof health described herein as agent of the department of health and\nshall pay such moneys to the commissioner for deposit into the health\nincome fund.\n  2.  Neither the corporation nor any subsidiary thereof shall create or\npermit to be created any pledge, assignment, encumbrance or security\ninterest in any moneys of the department of health required to be\ndeposited or maintained in the department of health income fund pursuant\nto section four hundred nine of the public health law or any agreement\nbetween the department of health and the dormitory authority, including\ninvestments and proceeds thereof, or the right of the department of\nhealth to receive or collect the same.\n  3.  The state shall not give, grant, sell or convey, loan, license the\nuse of or lease any property to the corporation or any subsidiary\nthereof except in compliance with the terms of any lease, sublease or\nother agreement between the dormitory authority and the department of\nhealth of the state of New York.\n  4.  Neither the corporation nor any subsidiary thereof shall take any\naction, or suffer any action to be taken, which would adversely affect\nthe exclusion of interest on any of the bonds issued by the dormitory\nauthority to finance facilities for the department of health of the\nstate of New York from gross income for purposes of federal income\ntaxation.  The department of health shall provide oversight of the\ncorporation's adherence to this subdivision as more fully described in\nthe agreement set forth in subdivision two of section four hundred three\nof the public health law.\n  5.  No power conferred upon the corporation or any subsidiary thereof\nby this article or any other provision of law shall be exercised in a\nmanner that is inconsistent with the terms of any lease, sublease or\nother agreement between the dormitory authority and the department of\nhealth of the state of New York.\n  6. No lien granted by the corporation or any subsidiary thereof\npursuant to this title shall give any lienor the right to compel the\nsale of any health facility which is currently owned by the state or the\ndormitory authority and which comprises the Roswell Park Cancer\nInstitute.\n
N.Y. VAT Law § 404-J — New York Code / Act VAT / Title 4 / Article 14 / Section 404-J
Registration and issuance of special number plates for veterans who survived the Pearl Harbor attack
Status: in_force

§ 404-j. Registration and issuance of special number plates for\nveterans who survived the Pearl Harbor attack. 1. Registration of\nvehicles owned by veterans who survived the Pearl Harbor attack. The\ncommissioner shall assign to motor vehicles, owned by persons who while\non military duty serving in the armed forces of the United States\nsurvived the Pearl Harbor attack by Japan on December seventh, nineteen\nhundred forty-one or the spouse of such a person, a distinctive number\nand issue and deliver in such manner as the commissioner may select to\nthe owner a certification of registration, in such form as the\ncommissioner shall prescribe and two number plates, called Pearl Harbor\nattack veterans plates. Said plates shall conform to the requirements of\nsection four hundred one of this chapter, but shall bear the distinctive\nwords PEARL HARBOR SURVIVOR to distinguish them from number plates to be\nissued to other persons, qualifying under this chapter. The\ncommissioner, in his discretion, may issue, for any registration year,\nonly one plate as a set for a motor vehicle, in which event a set of\nplates for a motor vehicle shall consist of one plate. If a distinctive\nplate set is issued to a Pearl Harbor attack veteran pursuant to this\nsection, such a distinctive plate set shall not be issued to the spouse\nof such veteran.\n  2. Issue of plates. The commissioner shall issue sets of plates to\nsuch person in accordance with subdivision one of this section with\nproof by such person or the spouse of such person that such person\nsurvived the Pearl Harbor attack by Japan on December seventh, nineteen\nhundred forty-one in a manner satisfactory to the commissioner who is\nempowered to carry out the effects of this section by formulating rules\nand regulations. Such plates shall not be considered as "vanity plates".\nThe plates authorized to be issued hereunder are special and are to be\nissued in recognition of valiant service rendered by the veteran to the\nUnited States.\n  3. Application for registration. (a) The application for registration\nunder this section shall be filed with the commissioner of motor\nvehicles in such form and detail as the commissioner shall prescribe,\nsetting forth such information as the commissioner may reasonably\nprescribe beyond such information required under section four hundred\none of this chapter.\n  (b) Application under this section shall only apply to a vehicle\nsubject to registration pursuant to subdivision six of section four\nhundred one of this chapter and as provided in subdivision one of this\nsection.\n  4. Fee. A special plate and registration issued pursuant to this\nsection shall be issued upon payment of the regular registration fee\nprescribed by section four hundred one of this article provided,\nhowever, that an additional one-time service charge of ten dollars shall\nbe charged for such plate.\n
N.Y. RSS Law § 34 — New York Code / Act RSS / Article 2 / Title 4 / Section 34
Reporting of service and salary information
Status: in_force

§ 34. Reporting of service and salary information.  The comptroller\nshall adopt rules and regulations, which shall have the force and effect\nof law, for the reporting of service and salary information for all\nemployees of participating employers. The chief fiscal officer of each\nparticipating employer, or if there be no chief fiscal officer, the\nofficer exercising similar duties, shall file the report with the\ncomptroller, in such form and at such times as may be prescribed in the\nrules and regulations. The refusal or willful neglect of such chief\nfiscal officer or other official to file the report as herein prescribed\nshall be a violation and shall subject the officer so refusing or\nneglecting to a penalty of five dollars per day for each day's delay\nbeyond seven days, to be paid on demand of the comptroller.\n
N.Y. VAT Law § 404-D — New York Code / Act VAT / Title 4 / Article 14 / Section 404-D
Distinctive plates for members of the organized militia and reserve
Status: in_force

§ 404-d. Distinctive plates for members of the organized militia and\nreserve. 1. Any member of the organized militia of the state of New York\nand any member of a reserve unit from this state of any branch of the\narmed forces of the United States or the spouse of any such member\nshall, upon request, be issued a license plate bearing a militiaman and\nthe appropriate organization -- army national guard, air national guard,\nstate guard or naval militia, army reserve, marine corps reserve, air\nforce reserve, navy reserve or coast guard reserve. If a distinctive\nplate is issued to a member of the organized militia pursuant to this\nsection, such a distinctive plate shall not be issued to the spouse of\nsuch member of the organized militia. Application for said license plate\nshall be filed with the commissioner in such form and detail as the\ncommissioner shall prescribe, and shall be verified annually by the\napplicant.\n  2. The distinctive plate authorized in subdivision one of this section\nshall be issued upon proof, satisfactory to the commissioner, that the\napplicant or the spouse of the applicant is presently an active member\nof the organized militia or reserve.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nprovided, however, that an additional one-time service charge of ten\ndollars shall be charged for such plate.\n
N.Y. PBA Law § 1699-I — New York Code / Act PBA / Article 8 / Title 4-B / Section 1699-I
Transfer of employees
Status: in_force

§ 1699-i. Transfer of employees. A transfer of employees effected as a\nconsequence of the transfer of functions pursuant to any provision of\nthis title shall be governed by this section:\n  1. Such transfers shall be subject to section seventy of the civil\nservice law; or, where not subject to civil service, the provisions of\nsuch section seventy shall be deemed applicable, except where the\ncontext clearly requires otherwise. Any such employee who, at the time\nof such transfer, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors.  Employees,\nother than managerial or confidential persons (as defined in article\nfourteen of the civil service law), serving in positions in newly\ncreated titles shall be assigned to the appropriate bargaining unit.\nNothing contained herein shall be construed to affect: (a) the rights of\nemployees pursuant to a collective bargaining agreement; (b) the\nrepresentational relationships among employee organizations or the\nbargaining relationships between the state and an employee organization;\nor (c) existing law with respect to an application to the public\nemployment relations board, provided, however, that the merger of such\nnegotiating units of employees shall be effected only with the consent\nof the recognized and certified representatives of such units and of the\nauthority.\n  3. Notwithstanding the provisions of any other law to the contrary,\nall lawful appointees holding positions which hereinbefore were subject\nto the civil service law and are transferred to the authority shall\ncontinue to hold their positions without further examination or\nqualifications.\n
N.Y. PBA Law § 1693 — New York Code / Act PBA / Article 8 / Title 4 / Section 1693
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1693. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. VAT Law § 403-A — New York Code / Act VAT / Title 4 / Article 14 / Section 403-A
Temporary indicia of registration
Status: in_force

§ 403-a. Temporary indicia of registration. The commissioner may\npromulgate regulations to provide for temporary indicia of registration\nwhich shall permit a person to operate or park a motor vehicle or\ntrailer on the public highways of this state without number plates\nissued by the commissioner or validating stickers for a period not to\nexceed fifteen days when the number plate or plates or validating\nsticker for such motor vehicle or trailer has been lost, stolen,\nmutilated or destroyed. Such regulations may provide for the charging of\na fee of not more than three dollars for any issuance of temporary\nindicia of registration. Any person who operates or parks a motor\nvehicle or trailer on the public highways of this state, which motor\nvehicle or trailer is in fact validly registered pursuant to the\nprovisions of section four hundred one or four hundred ten of this\nchapter, without a number plate or plates or validating sticker, and who\nhas complied with any such regulations promulgated by the commissioner\nunder this section shall not be deemed to be operating or parking a\nmotor vehicle or trailer in violation of subdivision one or three of\nsection four hundred two or section four hundred three of this chapter.\nFalsifying any temporary indicia of registration prescribed by any\nregulation of the commissioner issued pursuant to this section shall be\na traffic infraction.\n
N.Y. PBA Law § 1086 — New York Code / Act PBA / Article 5 / Title 4 / Section 1086
Audit of authority; annual report
Status: in_force

§ 1086. Audit of authority; annual report. In conformity with the\nprovisions of section five of article ten of the constitution, the\naccounts of the authority shall be subject to the supervision of the\nstate comptroller and such state comptroller and his legally authorized\nrepresentatives are hereby authorized and empowered from time to time to\nexamine the accounts and the books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other matters relating to its financial standing. The authority\nshall annually submit to the governor and to the legislature and also to\nthe board of supervisors of Suffolk county a detailed report pursuant to\nthe provisions of section twenty-eight hundred of this chapter.\nNotwithstanding the ninety day period set forth in paragraph (a) of\nsubdivision two of section twenty-eight hundred of this chapter, the\nauthority shall submit such detailed report within one hundred and\ntwenty days after the end of its fiscal year.\n
N.Y. PBA Law § 3247 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3247
Actions against the corporation
Status: in_force

§ 3247. Actions against the corporation. 1. An action against the\ncorporation for death, personal injury or property damage or founded on\ntort shall not be commenced more than one year and ninety days after the\ncause of action thereof shall have accrued nor unless a notice of claim\nshall have been served on a director or the corporation or officer or\nemployee thereof designated by the corporation for such purpose, within\nthe time limited by, and in compliance with the requirements of section\nfifty-e of the general municipal law.\n  2. The venue of every action, suit or special proceeding brought\nagainst the corporation shall be laid in the county of Albany.\n  3. Neither any director of the corporation nor any officer, employee,\nor agent of the corporation, while acting within the scope of their\nauthority, shall be subject to any personal liability resulting from\nexercising or carrying out of any of the corporation's purposes or\npowers.\n
N.Y. VAT Law § 411-B — New York Code / Act VAT / Title 4 / Article 15 / Section 411-B
Registration fee schedule for historical motorcycles
Status: in_force

§ 411-b. Registration fee schedule for historical motorcycles. For\neach motorcycle which is owned and operated as an exhibition piece or\ncollectors item, and is used for participation in club activities,\nexhibit, tours, parades, occasional transportation and similar uses, but\nnot used for general daily transportation, an annual fee of twenty-five\ndollars. For purposes of this section, a historical motorcycle shall\nmean any motorcycle manufactured more than twenty-five years prior to\nthe current calendar year, and any other model, year and type motorcycle\nwhich has unique characteristics and which is determined by the\ncommissioner to be of historical, classic or exhibition value.\nRegistration plates for such motorcycles shall be of a type and design\napproved by the commissioner, but shall be of a distinctive nature,\nexcept that, with the approval of the commissioner, an owner of any such\nmotorcycle may utilize registration plates of this state with the date\nof year corresponding to the model year date when the vehicle was\nmanufactured, if the model year date registration plate is legible and\nserviceable, as determined by the department, in lieu of the\nregistration plates otherwise required by this chapter. Such plates\nshall be used only for the operation of the motorcycle listed on the\nregistration application and on other motorcycles which would qualify\nfor registration under this schedule owned by persons other than the\nregistrant for the purpose of test driving by the registrant or his\nagent in anticipation of possible purchase. No such registration will be\nissued unless evidence of financial security, in a form prescribed by\nthe commissioner, is submitted which provides coverage for the\nmotorcycle listed on the registration application and for non-owned\nmotorcycles being operated with such plates. Notwithstanding any\ninconsistent provision of this section, the difference collected between\nthe fees set forth in this section in effect on and after September\nfirst, two thousand nine and the fees set forth in this section in\neffect prior to such date shall be deposited to the credit of the\ndedicated highway and bridge trust fund.\n
N.Y. PBA Law § 1092 — New York Code / Act PBA / Article 5 / Title 4 / Section 1092
Effect of inconsistent provisions
Status: in_force

§ 1092. Effect of inconsistent provisions. In so far as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of any local law of any city, the provisions of\nthis title shall be controlling. Nothing contained in this title shall\nbe held to alter or abridge the powers and duties of the state\ndepartment of health or of the water power and control commission over\nwater supply matters.\n
N.Y. PBA Law § 3550 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3550
Short title
Status: in_force

§ 3550. Short title. This title may be cited as the "Roswell Park\nCancer Institute corporation act".\n
N.Y. VAT Law § 499-C — New York Code / Act VAT / Title 4 / Article 17-C / Section 499-C
Calculation of supplemental registration fee
Status: in_force

§ 499-c. Calculation of supplemental registration fee. The\nsupplemental registration fee to be charged pursuant to section four\nhundred ninety-nine-b of this article, shall be calculated at a rate of\ntwenty-five dollars per annum for each year or portion of a year that\nsuch registration is valid.\n
N.Y. PBA Law § 3240 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3240
Payments to the corporation
Status: in_force

§ 3240. Payments to the corporation. 1.  * Not less than one hundred\ntwenty days before the beginning of each fiscal year of the corporation\n(but not later than October first, nineteen hundred ninety, for the\nfiscal year ending March thirty-first, nineteen hundred ninety-one) the\nchairperson of the corporation shall certify to the state comptroller\nand to the governor a schedule of cash requirements for such fiscal\nyear. The total amount so certified for such fiscal year shall be equal\nto the total amount of the debt service then due on the bonds and notes\nof the corporation, including payments of interest and principal\n(including sinking fund payments) including payments required to be made\npursuant to section thirty-two hundred thirty-eight-a of this title,\ntogether with:\n  * NB Effective until July 1, 2034\n  * Not less than one hundred twenty days before the beginning of each\nfiscal year of the corporation (but not later than October first,\nnineteen hundred ninety, for the fiscal year ending March thirty-first,\nnineteen hundred ninety-one) the chairperson of the corporation shall\ncertify to the state comptroller and to the governor a schedule of cash\nrequirements for such fiscal year. The total amount so certified for\nsuch fiscal year shall be equal to the total amount of the debt service\nthen due on the bonds and notes of the corporation, including payments\nof interest and principal (including sinking fund payments), together\nwith:\n  * NB Effective July 1, 2034\n  (a) the amount, if any, due to any provider of any bond or note\nfacility, representing payments made by it as provided in the applicable\nresolution or trust indenture as a result of any previous failure of the\nstate to make any payment provided for in this section, including any\nrelated reasonable interest, fees or charges so provided,\n  (b) the amount, if any, required to restore the capital reserve fund\nto the capital reserve fund requirement to the extent any deficiency\ntherein has resulted directly or indirectly from failure by the state to\nmake any payment provided for in this section,\n  (c) the amount, if any, required to be rebated to the United States to\nprovide for continued federal tax exemption for bonds and notes of the\ncorporation, and\n  (d) the expenses of the establishment and continued operating expenses\nof the corporation, but not in excess of one hundred thousand dollars,\nexclusive of trustees' fees, fees payable to providers of bond or note\nfacilities, fees for issuing and paying agents, remarketing agents and\ndealers, counsels, financial advisors, independent auditors, providers\nof interest rate exchange agreements, rating agencies, transfer or\ninformation agents, the publication of advertisements and notices,\nsurety arrangements, and printers; fees or charges incurred by the\ncorporation to comply with applicable federal and state securities or\ntax laws; and any other costs of issuance in excess of the amount\nprovided therefor in the proceeds of the sale of bonds or notes of the\ncorporation, to the extent that any of the foregoing amounts or expenses\nare not to be paid from other resources available to the corporation for\nsuch purpose.\n  1-a. The chairperson of the corporation may revise such certification\nat such times as shall be determined by the chairperson, provided,\nhowever, that the chairperson of the corporation shall revise such\ncertification not later than thirty days after the issuance of any bonds\nor notes of the corporation including refunding bonds, and the adoption\nof any interest rate exchange or other financial arrangement affecting\nthe cash requirements of the corporation.\n  2. The schedule accompanying such certification shall provide for\npayments on such dates as the corporation deems appropriate to ensure\nthat sufficient funds will be available from the sources identified in\nthis section to enable it to meet its current obligations as they become\ndue.\n  3. Upon receipt of such certification, or any revision thereof, the\ncomptroller shall pay such amount to the corporation for payment or\ndeposit in accordance with such certification, from the local government\nassistance tax fund established by section ninety-two-r of the state\nfinance law or from any other amount appropriated for such purpose to\nthe extent that moneys in such fund are insufficient for such purpose.\nAny such payment shall be made within thirty days of the receipt of the\ncertification or at the time specified within the certification,\nwhichever is later, provided that any such amounts shall have been first\nappropriated by the state.\n  * 4. In any year in which the state appropriates money out of any\nother funds available to it directly for the payment of debt service of\nthe corporation or for any other corporate purposes for which payments\nout of the local government assistance fund may be made, except any\nappropriated amount in respect of a deficiency in such fund, the amount\ncertified by the chairperson of the corporation shall be reduced by the\namount of such direct state payments. Provided however, this subdivision\nshall not apply for payments made pursuant to section thirty-two hundred\nthirty-eight-a of this title.\n  * NB Effective until July 1, 2034\n  * 4. In any year in which the state appropriates money out of any\nother funds available to it directly for the payment of debt service of\nthe corporation or for any other corporate purposes for which payments\nout of the local government assistance fund may be made, except any\nappropriated amount in respect of a deficiency in such fund, the amount\ncertified by the chairperson of the corporation shall be reduced by the\namount of such direct state payments.\n  * NB Effective July 1, 2034\n  * 5. The agreement of the state contained in this section shall be\ndeemed executory only to the extent of appropriations available for\npayments under this section and no liability on account of any such\npayment shall be incurred by the state beyond such appropriations. The\nstate, acting through the director of the budget, and the corporation\nmay enter into, amend, modify, or rescind one or more agreements\nproviding for the specific manner, timing, and amount of payments to be\nmade under this section, but only in conformity with this section.\nProvided however, this subdivision shall not apply for payments made\npursuant to section thirty-two hundred thirty-eight-a of this title.\n  * NB Effective until July 1, 2034\n  * 5. The agreement of the state contained in this section shall be\ndeemed executory only to the extent of appropriations available for\npayments under this section and no liability on account of any such\npayment shall be incurred by the state beyond such appropriations. The\nstate, acting through the director of the budget, and the corporation\nmay enter into, amend, modify, or rescind one or more agreements\nproviding for the specific manner, timing, and amount of payments to be\nmade under this section, but only in conformity with this section.\n  * NB Effective July 1, 2034\n  6. Nothing contained in this title shall be deemed to restrict the\nright of the state to amend, repeal, modify or otherwise alter statutes\nimposing or relating to the taxes imposed pursuant to sections eleven\nhundred five and eleven hundred ten of the tax law. The corporation\nshall not include within any resolution, contract or agreement with\nholders of the bonds or notes issued under this title any provision\nwhich provides that a default occurs as a result of the state exercising\nits right to amend, repeal, modify or otherwise alter the taxes imposed\npursuant to sections eleven hundred five and eleven hundred ten of the\ntax law.\n
N.Y. PBA Law § 1680-F — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-F
Roswell Park Cancer Institute development account
Status: in_force

§ 1680-f. Roswell Park Cancer Institute development account.  The\ndormitory authority shall create and establish a special account to be\nknown as the Roswell Park Cancer Institute development account and shall\npay into such account any moneys which may be made available to the\nauthority for the purpose of such account from any source, including but\nnot limited to, moneys appropriated by and made available pursuant to\nappropriations by the state and any increase or interest earned by or\nincrements to the account due to the investment thereof prior to\nexpenditures from such account for the purposes of the Roswell Park\nCancer Institute.  The moneys held in or credited to the Roswell Park\nCancer Institute development account established under this section\nshall be expended solely to carry out the development of the Roswell\nPark Cancer Institute by the authority.\n
N.Y. RPT Law § 1558 — New York Code / Act RPT / Article 15-A / Title 4 / Section 1558
Adoption of local laws
Status: in_force

§ 1558. Adoption of local laws.  No "charter law," as such term is\ndefined in section thirty-two of the municipal home rule law, nor local\nlaw shall be adopted which is inconsistent with the provisions of this\narticle. No local law adopted pursuant to the provisions of this article\nshall be subject to a mandatory or permissive referendum.\n
N.Y. VAT Law § 404-R*2 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-R*2
Distinctive plates for New York state licensed dentists who are members of the New York State Dental Association
Status: in_force

* § 404-r. Distinctive plates for New York state licensed dentists who\nare members of the New York State Dental Association. 1. Any New York\nstate licensed dentist residing in this state who is a member of the New\nYork State Dental Association as established pursuant to chapter six\nhundred eighty-three of the laws of nineteen hundred ninety-seven shall,\nupon request, be issued a license plate formatted at the discretion of\nthe department bearing the letters "DDS" or "DMD" and the official logo\nof the New York State Dental Association. Such license plate need not\ncontain the statue of liberty logo. If a distinctive plate is issued to\na New York state licensed dentist pursuant to this section, such\ndistinctive plate shall not be issued to the spouse of such member.\nApplication for said license shall be filed with the commissioner in\nsuch form and detail as the commissioner shall prescribe, and shall be\nverified annually by the applicant.\n  2. The distinctive plate authorized in subdivision one of this section\nshall be issued upon proof, satisfactory to the commissioner, that the\napplicant is presently a dentist licensed to practice in the state of\nNew York and a member of the New York State Dental Association.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nand an additional annual service charge of thirty dollars. Twenty\ndollars from each thirty dollars received as annual service charges\nunder this section shall be deposited to a fund for the credit of the\nNew York State Dental Foundation, said fund established as a revolving\nfund pursuant to section ninety-seven-www of the state finance law;\nprovided, however, that one year after the effective date of this\nsection, funds in the amount of five thousand dollars, or so much\nthereof as may be available shall be allocated from such fund to the\ndepartment to offset costs associated with the production of such\nlicense plates.\n  * NB There are 2 § 404-r's\n
N.Y. PBA Law § 3569 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3569
Defense and indemnification
Status: in_force

§ 3569. Defense and indemnification. The provisions of sections\nseventeen and nineteen of the public officers law shall be applicable to\nemployees of the corporation (as such term is defined in sections\nseventeen and nineteen of the public officers law) pursuant to\nsubdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the corporation\nto extend the provisions of sections seventeen and nineteen of the\npublic officers law upon any independent contractor.\n
N.Y. BNK Law § 4002 — New York Code / Act BNK / Article 15 / Title 4 / Section 4002
Fingerprints
Status: in_force

§ 4002. Fingerprints. (a) Notwithstanding any other provisions of law,\nevery incorporator of a corporation shall, in addition to any other\nrequirements which may be imposed by the superintendent, submit\nsimultaneously with an application, his or her fingerprints in such form\nand in such manner as specified by the division of criminal justice\nservices, but in any event, no less than two digit imprints. Every\napplicant filing an application to acquire control of any banking\ninstitution under sections one hundred forty-three-a and one hundred\nforty-three-b of this chapter shall, in addition to any other\nrequirements which may be imposed by the superintendent, submit\nsimultaneously with an application, his or her fingerprints in such form\nand in such manner as specified by the division of criminal justice\nservices, but in any event, no less than two digit imprints. The\nsuperintendent shall submit the fingerprints to the division of criminal\njustice services for the purpose of conducting a criminal history search\nand returning a report thereon in accordance with the procedures and\nrequirements established by the division pursuant to the provisions of\narticle thirty-five of the executive law, which shall include the\npayment of the prescribed processing fees. The superintendent shall\nrequest that the division submit such fingerprints to the federal bureau\nof investigation, together with the processing fees prescribed by such\nbureau, for the purpose of conducting a criminal history search and\nreturning a report thereon.\n  (b) The superintendent shall also, concurrent with an investigation of\nan incorporator of a corporation pertaining to a violation of this\nchapter, submit such fingerprints to the division of criminal justice\nservices for the purpose of conducting a criminal history search and\nreturning a report thereon and through the division to the federal\nbureau of investigation for the purpose of a fingerprint check of such\nincorporator.\n  (c) For purposes of this section, "incorporator" shall include a\nnatural person or such principal, officer, director, trustee or\nstockholder of any other entity as may be designated by the\nsuperintendent.  Notwithstanding any other provision of this article,\nthe superintendent shall not access criminal history data or\ninformation, unless any agency from which the superintendent receives\ndirectly criminal history data or information has entered into a use and\ndissemination agreement with the superintendent consistent with the\nprovisions of this section.\n  (d) An applicant shall not be required to submit his or her\nfingerprints as required by subdivision (a) of this section if such\napplicant (i) is already subject to regulation by the department and the\napplicant has submitted such fingerprints to the department, such\nfingerprints have been submitted to the division of criminal justice\nservices for the purpose of conducting a criminal history search, and a\nreport of such search has been received by the department from such\ndivision; or (ii) is subject to regulation by a federal bank regulatory\nagency and has submitted such fingerprints to such agency which has had\na criminal history search conducted of such individual and has shared\nsuch information or its determination resulting from such search with\nthe department; or (iii) is an officer or stockholder of a corporation\nwhose common or preferred stock is registered on a national securities\nexchange, as provided in an act of congress of the United States\nentitled the "Securities Exchange Act of 1934", approved June sixth,\nnineteen hundred thirty-four, as amended, or such other exchange or\nmarket system as the superintendent shall approve by regulation, and has\nsubmitted such fingerprints to such exchange or market system which has\nhad a criminal history search conducted of such individual and has\nshared such information or its determination resulting from such search\nwith the department; provided, however, that the superintendent may\nsubsequently require such applicant to submit sets of fingerprints if\nthe superintendent has a reasonable basis for updating the information\nor determination resulting from the report of the criminal history\nsearch conducted at the request of such federal banking agency, exchange\nor market system.\n
N.Y. SOS Law § 463-A — New York Code / Act SOS / Article 7 / Title 4 / Section 463-A
Statewide registry
Status: in_force

§ 463-a.  Statewide registry.  1.  There shall be established in the\ndepartment a statewide registry on community residential facilities.\nThe department shall develop, in cooperation with the state agencies\nresponsible for the planning, administration, licensing, regulation and\noperation of community residential facilities, a uniform data base for a\nstatewide registry to include, but not be limited to, the following\ninformation:\n  (a)  the nature or type of such community residence for the disabled\nincluding the class of disabled persons it is intended to serve;\n  (b)  the title of the sponsoring agency responsible for the operation\nof such community residence;\n  (c)  the geographical area in which such community residence is\nlocated, including but not limited to street address, municipality,\nlocal school district and health systems agency;\n  (d)  the number of clients or residents authorized to live within such\ncommunity residences; and\n  (e)  the licensing authority of such community residence.\n  2. (a) The department shall, no later than December fifteenth,\nnineteen hundred eighty-three and annually thereafter, prepare a report\nto the governor and the legislature including the following information:\n  (i)  a registry of all community residences presently operating in\nthis state including the types of services provided, the number of\npersons served, the number of persons authorized to reside therein, the\nlicensing authority by which it is governed and the municipality in\nwhich it is located; and\n  (ii)  the number of persons in the state presently receiving placement\nin a community residence including the general type of services being\nprovided and the municipality in which they are provided.\n  (b) The department shall prepare for inclusion in the annual report\nrequired by subdivision (d) of section seventeen of this chapter to be\nfiled with the governor and the legislature prior to December fifteenth\nof each year an analysis of the information as previously described in\nparagraph (a) of this subdivision so as to improve the ability of such\nstate agencies responsible for the planning, administration, licensing,\nregulation and operation of such community residences to effectively\nidentify existing and future needs for persons and services in different\nareas and coordinate their planning efforts to meet such needs.\n  3.  The department shall provide or cause to be provided technical\nassistance, within available resources, to municipalities which intend\nto establish similar coordinated planning functions as described in this\nact.\n
N.Y. PBA Law § 1699-J — New York Code / Act PBA / Article 8 / Title 4-B / Section 1699-J
Audit and annual report
Status: in_force

§ 1699-j. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to an annual management and financial audit\nperformed by an independent certified accountant selected by the\nauthority. The authority shall annually submit to the chair and ranking\nminority member of the senate finance committee and the chair and\nranking minority member of the assembly ways and means committee a copy\nof this audit.\n
N.Y. EDN Law § 3027 — New York Code / Act EDN / Title 4 / Article 61 / Section 3027
Discrimination based on age prohibited
Status: in_force

§ 3027. Discrimination based on age prohibited.  Notwithstanding any\nprovision of law to the contrary, no board of education in any city,\nunion free, common or central school district in this state shall\nhereafter prohibit, prevent, disqualify or discriminate against any\nperson who is physically and mentally qualified from competing,\nparticipating, or registering for an examination for or from qualifying\nfor, a position as teacher, or be penalized in a final rating by reason\nof his or her age.  Any such rule, requirement, resolution, regulation\nor penalization of such board shall be void.\n  Nothing herein contained, however, shall prevent such board from\nadopting reasonable minimum or maximum age requirements for positions\nwhich require extraordinary physical effort, except where age limits for\nsuch positions are already prescribed by law.\n
N.Y. PBA Law § 3055 — New York Code / Act PBA / Article 10 / Title 4 / Section 3055
Exchange of notes or bonds of the corporation for obligations of the city
Status: in_force

§ 3055. Exchange of notes or bonds of the corporation for obligations\nof the city. 1. The corporation may issue its notes or bonds for the\npurposes described in paragraph (a), (b), (c), (d), (e) or (f) of\nsubdivision one of section three thousand fifty-seven of this title and\npay the proceeds thereof to the city in exchange for obligations of the\ncity, provided that the principal amount of the corporation's notes or\nbonds issued in connection with any such exchange shall not exceed the\nprincipal amount of such obligations of the city and accrued interest\nthereon at the stated rate to the date of such exchange. The corporation\nmay also issue its notes or bonds for the purposes described in\nparagraph (a), (c), (d), (e), or (f) of subdivision one of section three\nthousand fifty-seven of this title and pay the proceeds thereof to the\ncity in exchange for the agreement by the city to repay such amounts in\nannual installments, subject to annual appropriation of such\ninstallments by the city council of the city of Troy, corresponding to\nthe scheduled principal and interest payments on the corporation's bonds\nor notes issued to provide such proceeds provided that, excluding any\nagreements for repayment of amounts paid to the city in accordance with\nparagraph (d) of subdivision one of section three thousand fifty-seven\nof this title, such agreement shall provide that the first principal\npayment shall be made not later than two years after the date of such\nagreement or two years after the date of the first bond anticipation\nnote or notes issued in anticipation of such agreement, provided that no\nsuch first principal payment shall be required to be made prior to\nJanuary thirty-first, nineteen hundred ninety-nine, and further provided\nno principal payment shall be more than fifty per centum in excess of\nthe smallest prior installment unless this agreement provides for\nsubstantially level or declining debt service payments.\n  2. (a) Upon or at any time after receipt of the obligations of the\ncity exchanged in accordance with subdivision one of this section, the\ncorporation may deliver any or all of such obligations to the city for\ncancellation, without receiving payment of principal or interest in\nrespect thereof, in which event the city shall thereupon cancel such\nobligations without making any payment of principal amount or accrued\ninterest thereon and the city shall have no further liability with\nrespect thereto. Notwithstanding the foregoing, the corporation shall\nnot deliver at any time obligations received pursuant to subdivision one\nof this section to the city for cancellation without receiving payment\nof principal or interest in respect thereof unless the chief executive\nofficer shall have requested in writing that such obligations be\ndelivered for cancellation.\n  (b) Upon or at any time after receipt of any short-term obligations of\nthe city exchanged in accordance with subdivision one of this section\nthe corporation may exchange any or all of such short-term obligations\nfor other short-term obligations issued by the city pursuant to the\nlocal finance law and the corporation may exchange any or all of such\nbond anticipation notes included in such short-term obligations for\nbonds of the city issued pursuant to the local finance law, all on such\nterms and conditions as the corporation may deem proper.\n  3. The corporation shall not exchange any of its bonds or notes for\nobligations of the city pursuant to subdivision one of this section\nunless (a) the city shall have agreed to observe the conditions set\nforth in section three thousand fifty-eight of this title, subject to\nsuch modifications as are permitted thereunder and as the corporation\nmay then approve, and (b) the board of directors of the corporation\nshall have determined that the terms of such exchange will not prejudice\nthe rights of holders of other bonds and notes of the city.\n
N.Y. PBH Law § 2574 — New York Code / Act PBH / Article 25 / Title 4 / Section 2574
Children's institutions; environmental sanitation
Status: in_force

§ 2574. Children's institutions; environmental sanitation.  Every\ninstitution caring for children referred to in this article shall comply\nwith such orders, rules and regulations respecting water supply, milk\nsupply, sewerage disposal, food handling, and other sanitary matters as\nare established by the state or local sanitary codes, rules or\nregulations or, in the case of milk supply, rules and regulations of the\ncommissioner of agriculture and markets.\n
N.Y. PBA Law § 1689-A — New York Code / Act PBA / Article 8 / Title 4 / Section 1689-A
Public school districts; authority financing of eligible school construction projects; rebuilding schools to uphold education (RESCUE)
Status: in_force

§ 1689-a. Public school districts; authority financing of eligible\nschool construction projects; rebuilding schools to uphold education\n(RESCUE).  1. The dormitory authority is authorized to finance eligible\nschool construction projects for those public school districts which are\napproved by the commissioner of education to receive aid apportionment\nfor rebuilding schools to uphold education (RESCUE) pursuant to\nsubdivision ten of section thirty-six hundred forty-one of the education\nlaw.\n  2.  (a) Notwithstanding the provisions of any general or special law\nto the contrary, and subject to the making of annual appropriations\ntherefor by the legislature, in order to assist the dormitory authority\nin the financing and refinancing of such eligible school construction\nprojects, the director of the budget is authorized in any state fiscal\nyear commencing April first, nineteen hundred ninety-nine through and\ninclusive of the state fiscal year commencing April first, two thousand\nfive to enter into one or more service contracts, none of which shall\nexceed thirty years in duration, with the dormitory authority, upon such\nterms as the director of the budget and the dormitory authority agree;\n  (b) Any service contract entered into pursuant to paragraph (a) of\nthis subdivision or any payments made or to be made thereunder may be\nassigned and pledged by the dormitory authority as security for its\nbonds, notes, or other obligations;\n  (c) Any such service contract shall provide that the obligation of the\ndirector of the budget or of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision in the event the\ndormitory authority assigns or pledges the service contract payments as\nsecurity for its bonds, notes, or other obligations and shall be deemed\nexecutory only to the extent moneys are available and that no liability\nshall be incurred by the state beyond the moneys available for the\npurpose, and that such obligation is subject to annual appropriation by\nthe legislature;\n  (d) Any service contract or contracts entered into pursuant to this\nsubdivision shall provide for state commitments to provide annually to\nthe dormitory authority a sum or sums, upon such terms and conditions as\nshall be deemed appropriate by the director of the budget, to fund the\nprincipal, interest, or other related expenses required for any bonds,\nnotes, or other obligations.\n  3. (a) The commissioner of education shall certify, from time to time,\nto the dormitory authority, the comptroller, the director of the\ndivision of the budget, the chairman of the senate finance committee and\nthe chairman of the assembly ways and means committee each school\ndistrict for which he has approved an aid apportionment for authority\nfinancing of an eligible school construction project pursuant to\nsubdivision ten of section thirty-six hundred forty-one of the education\nlaw. Such certification, which shall be made within thirty days after\nsuch approval or as soon thereafter as is practicable, shall identify\nthe amount of aid apportionment which has been approved for such school\ndistrict and shall estimate the date or dates when such project will be\nundertaken to assist the authority in establishing a schedule for\nfinancing such project. The commissioner shall notify the authority if\nthere is a change in such date.\n  (b) On or before November fifteenth of each year and again on or after\nFebruary fifteenth of each year, the dormitory authority shall submit,\nand thereafter may resubmit, to the director of the budget, the state\ncomptroller, the commissioner of education, the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee a report setting forth the amounts, if any, of all annual\npayments estimated to be appropriated to the dormitory authority\npursuant to such service contracts between the dormitory authority and\nthe director of the division of the budget pursuant to this section. An\neligible school construction project shall not be financed pursuant to\nthis section prior to the state fiscal year commencing April first,\nnineteen hundred ninety-nine, provided that application for approval of\nany such project by the commissioner of education may be processed prior\nto such date.\n  4. (a) To obtain funds for the purposes of this section, the authority\nshall have power from time to time, in accordance with a schedule\ncertified to the authority by the commissioner of education identifying\neligible school construction projects approved for the payment of aid\napportionments pursuant to subdivision ten of section thirty-six hundred\nforty-one of the education law, to issue negotiable bonds or notes of\nthe authority. Unless the context shall clearly indicate otherwise,\nwhenever the words "bond" or "bonds" are used in this section, such\nwords shall include a note or notes of the authority.\n  (b) The dormitory authority shall not issue any bonds or notes in an\namount in excess of one hundred ninety-five million dollars for the\npurposes of this section, excluding a principal amount of bonds or notes\nissued to fund one or more debt service reserve funds, to pay for the\ncosts of issuance of such bonds, and bonds or notes issued to refund or\notherwise repay such bonds, and bonds or notes previously issued. Except\nfor the purposes of complying with the internal revenue code, any\ninterest income earned on bond proceeds shall only be used to pay debt\nservice on such bonds or notes.\n  In computing for the purposes of this paragraph, the aggregate amount\nof indebtedness evidenced by bonds and notes of the dormitory authority\nissued pursuant to this section, there shall be excluded the amount of\nsuch indebtedness represented by such bonds or notes issued to refund or\notherwise repay bonds or notes, provided that the amount so excluded\nunder this clause may exceed the principal amount of such bonds or notes\nthat were issued to refund or otherwise repay only if the present value\nof the aggregate debt service on the refunding or repayment bonds or\nnotes shall not have at the time of their issuance exceeded the present\nvalue of the aggregate debt service of the bonds or notes they were\nissued to refund or repay, such present value in each case being\ncalculated by using the effective interest rate of the refunding or\nrepayment bonds or notes, which shall be that rate arrived at by\ndoubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment date thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\ntherefor, or to the proceeds received by the dormitory authority from\nthe sale thereof, in each case including estimated accrued interest.\n  5. The state of New York hereby covenants with the purchasers, holders\nand owners from time to time of the bonds of the authority issued\npursuant to this section that it will not repeal, revoke, rescind,\nmodify or amend the provisions of this section which relate to the\nmaking of annual service contract payments to the authority with respect\nto such bonds as to limit, impair or impede the rights and remedies\ngranted to bondholders under this title or otherwise diminish the\nsecurity pledged to such purchasers, holders and owners or significantly\nimpair the prospect of payment of any such bond.\n
N.Y. EDN Law § 3211 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3211
Records of attendance upon instruction
Status: in_force

§ 3211. Records of attendance upon instruction.  1. Who shall keep\nsuch record. The teacher of every minor required by the provisions of\npart one of this article to attend upon instruction, or any other school\ndistrict employee as may be designated by the commissioner of education\nunder section three thousand twenty-four of this chapter, shall keep an\naccurate record of the attendance and absence of such minor. Such record\nshall be in such form as may be prescribed by the commissioner of\neducation.\n  2. Certificates of attendance to be presumptive evidence. A duly\ncertified transcript of the record of attendance and absence of a child\nwhich has been kept, as provided in this section, shall be accepted as\npresumptive evidence of the attendance of such child in any proceeding\nbrought under the provisions of part one of this article.\n  3. Inspection of records of attendance. An attendance officer, or any\nother duly authorized representative of the school authorities, may at\nany time during school hours, demand the production of the records of\nattendance of minors required to be kept by the provisions of part one\nof this article, and may inspect or copy the same and make all proper\ninquiries of a teacher or principal concerning the records and the\nattendance of such minors.\n  4. Duties of principal or person in charge of the instruction of a\nminor. The principal of a school, or other person in charge of the\ninstruction upon which a minor attends, as provided by part one of this\narticle, shall cause the record of his attendance to be kept and\nproduced and all appropriate inquiries in relation thereto answered as\nhereinbefore required. He shall give prompt notification in writing to\nthe school authorities of the city or district of the discharge or\ntransfer of any such minor from attendance upon instruction, stating the\ndate of the discharge, its cause, the name of the minor, his date of\nbirth, his place of residence prior to and following discharge, if such\nplace of residence be known, and the name of the person in parental\nrelation to the minor.\n
N.Y. PBA Law § 210 — New York Code / Act PBA / Article 2 / Title 4 / Section 210
Rights and remedies of creditors
Status: in_force

* § 210. Rights and remedies of creditors. 1. All real and personal\nproperty, including fees and revenues of the authority and debts owing\nto it are exempt from levy and sale by virtue of an execution and no\nexecution or other judicial process shall issue against the same. No\njudgment against the authority shall be a charge upon real property or\nchattels real of the authority. This clause shall not limit the rights\nof mortgagees and pledgees to enforce their lien or other rights by any\nappropriate suit, action or proceeding.\n  2. Any purchaser at a sale of property of the authority pursuant to a\njudgment in an action to foreclose a mortgage thereon shall obtain title\nfree from any trust or other obligation to operate or maintain such\nproperty as a public park or public recreation center and free from any\nobligation to the public or the state as to its use or disposition.\n  3. Any creditor of the authority, including a trustee for bondholders,\nshall have the right, subject to any contractual limitations binding\nupon such creditor or trustee, and subject to the prior or superior\nrights of others,\n  (a) by suit, action or special proceeding, to enforce his rights\nagainst the authority and the board, including the right to require the\nauthority and the board to collect fees and revenues adequate to carry\nout any agreement as to, or pledge of, such fees and revenues and to\nrequire the authority and the board to carry out any other covenants and\nagreements and to perform its and their duties under this title;\n  (b) by action or suit in equity to require the authority to account as\nif it were the trustee of an express trust;\n  (c) by action or suit in equity to enjoin any acts or things which may\nbe unlawful or in violation of the rights of such creditor;\n  (d) in the discretion of the court to the appointment of a receiver of\nthe property of the authority or any part or parts thereof, who may\nenter and take possession of the property of the authority or any part\nor parts thereof, and operate and maintain the same and collect and\nreceive all fees, rentals and other revenues thereafter arising\ntherefrom in the same manner as the authority itself might do, and shall\ndeposit all such moneys in a separate account and apply the same in\naccordance with the obligations of the authority as the court shall\ndirect. The authority may give the holders of its bonds or any trustee\nfor their benefit by agreement the right to the appointment of a\nreceiver.\n  * NB (Abolished in 1975)\n
N.Y. VAT Law § 401-B — New York Code / Act VAT / Title 4 / Article 14 / Section 401-B
Registration of tow trucks
Status: in_force

§ 401-b. Registration of tow trucks. Every motor vehicle engaged in\ncommercial towing in this state shall be registered and identified as a\ntow truck, as hereinafter provided. No motor vehicle shall be registered\nas a tow truck unless it shall have a gross vehicle weight rating of at\nleast eighty-six hundred pounds and the application for such\nregistration is accompanied by proof of financial security which shall\nmeet the requirements of article six of this chapter.  Upon payment of\nthe fees set forth in schedule H of subdivision seven of section four\nhundred one of this article, such a motor vehicle shall be issued a\nlicense plate identifying it as a "tow truck". It shall constitute a\nclass A misdemeanor to engage in commercial towing with a tow truck that\nis not registered pursuant to this section.\n
N.Y. VAT Law § 499-D — New York Code / Act VAT / Title 4 / Article 17-C / Section 499-D
Deposit and disposition of revenue from supplemental fee
Status: in_force

§ 499-d. Deposit and disposition of revenue from supplemental fee. The\ncommissioner shall deposit daily all funds derived from the collection\nof the supplemental fee established pursuant to this article with such\nresponsible banks, banking houses or trust companies as may be\ndesignated by the state comptroller, in trust for the credit of the\nmetropolitan transportation authority. An account may be established in\none or more of such depositories. Such deposits shall be kept separate\nand apart from all other money in the possession of the comptroller. On\nor before the twelfth day of each month, the commissioner shall certify\nto the comptroller the amount of all revenues received pursuant to this\narticle during the prior month as a result of the supplemental fee\nimposed, including any interest and penalties thereon. The revenues so\ncertified over the prior three months in total shall be paid over by the\nfifteenth day of the last month of each calendar quarter from such\naccount, without appropriation, into the corporate transportation\naccount of the metropolitan transportation authority special assistance\nfund established by section twelve hundred seventy-a of the public\nauthorities law, to be applied as provided in paragraph (e) of\nsubdivision four of such section. Any money collected pursuant to this\nsection that is deposited by the comptroller in the corporate\ntransportation account of the metropolitan transportation authority\nspecial assistance fund shall be held in such fund free and clear of any\nclaim by any person or entity paying an additional fee pursuant to this\nsection, including, without limiting the generality of the foregoing,\nany right or claim against the metropolitan transportation authority,\nany of its bondholders, or any subsidiary or affiliate of the\nmetropolitan transportation authority.\n
N.Y. PBH Law § 454 — New York Code / Act PBH / Article 4 / Title 4 / Section 454
Treasurers of hospitals; powers and duties
Status: in_force

§ 454. Treasurers of hospitals; powers and duties. Subject to rules\nand regulations of the commissioner, the treasurer of each hospital in\nthe department shall:\n  (a) receive and have the custody of all moneys and securities of the\nhospital from whatever sources derived, except as otherwise provided by\nlaw and keep an accurate record thereof and of all obligations of the\nhospital;\n  (b) deposit in his name, as treasurer, in a bank approved by the state\ncomptroller, all such moneys and transmit each month to the comptroller,\nand to the commissioner, a statement showing the amount received and\ndeposited, from whom and for what received and when such deposits were\nmade. Such statement of deposits shall be certified by the proper\nofficer of the bank receiving such deposits. The treasurer shall make an\naffidavit to the effect that the sum so deposited is all the money\nreceived by him from any source of hospital income to the date of the\nlast deposit appearing on such statement;\n  (c) pay out the money deposited for the proper uses of the hospital\nupon the voucher of the steward or business manager. Where the treasurer\nis a person other than the director, said voucher shall be countersigned\nby the director;\n  (d) keep full and accurate account of all receipts and payments in the\nmanner and according to books and forms prescribed by the commissioner;\n  (e) balance all accounts on his books annually, for the preceding\nfiscal year, and make a statement thereof and an abstract of the\nreceipts and payments for such year and transmit the same to the\ncommissioner on or before the following fifteenth day of August;\n  (f) render an account of the state of the books and of the funds and\nproperty in his custody, whenever required by the commissioner; and,\n  (g) perform such other duties as the commissioner may require.\n