N.Y. RPT Law § 499-BB — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-BB
Real property tax abatement
Status: in_force

§ 499-bb. Real property tax abatement. 1. Except as provided in\nsubdivisions one-a and one-b of this section, within a city having a\npopulation of one million or more, eligible buildings containing\neligible premises shall receive an abatement of real property taxes\nduring the benefit period 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. Except as provided in subdivision one-b of this section, within a\ncity having a population of one million or more, eligible buildings\ncontaining eligible premises occupied or used by a tenant pursuant to a\nlease having a lease commencement date on or after April first, nineteen\nhundred ninety-seven with an initial lease term of less than five years,\nbut not less than three years, shall receive an abatement of real\nproperty 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  1-b. (a) Within a city having a population of one million or more,\neligible buildings containing eligible premises as defined in\nsubparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten\nof section four hundred ninety-nine-aa of this title occupied or used by\na tenant pursuant to a lease having a lease commencement date on or\nafter July first, two thousand five with an initial lease term of not\nless than three years, shall receive an abatement of real property taxes\nfor each year of the benefit period equal to the product obtained by (i)\nmultiplying the tenant's percentage share by the number of square feet\nin the eligible building, as listed on the records of the department of\nfinance and (ii) multiplying the product obtained in subparagraph (i) of\nthis paragraph by the abatement base.\n  (b) (i) The benefit described in paragraph (a) of this subdivision\nshall apply to eligible premises where at least ninety percent of the\naggregate floor area is occupied or used for industrial and\nmanufacturing activities, as defined in subdivision fourteen-a of\nsection four hundred ninety-nine-aa of this title.\n  (ii) If at least fifty percent of the aggregate floor area of the\neligible premises but less than ninety percent of such premises are\noccupied or used for industrial and manufacturing activities, as defined\nin subdivision fourteen-a of section four hundred ninety-nine-aa of this\ntitle, the benefits described in paragraph (a) of this subdivision shall\nbe limited to the proportion of such eligible premises occupied or used\nfor such activities.\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. (a) In no event shall the abatement for the eligible premises\ngranted pursuant to this title exceed the tax liability allocable to the\neligible premises.\n  (b) In no event shall eligible premises receive benefits pursuant to\nsubdivision one-b of this section while receiving benefits pursuant to\nsubdivision one or one-a of this section.\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 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
N.Y. PML Law § 1330-A — New York Code / Act PML / Article 13 / Title 4 / Section 1330-A
Casino gaming expenditures
Status: in_force

§ 1330-a. Casino gaming expenditures. 1. (a) In addition to any other\nregistration or reporting required by law, any entity licensed under\nsection sixteen hundred seventeen-a of the tax law, or that possesses a\npari-mutuel wagering license or franchise awarded pursuant to article\ntwo or three of this chapter that makes an expenditure of more than one\nthousand dollars for any written, typed, or other printed communication,\nor any internet-based communication, or any television or radio\ncommunication, or any automated or paid telephone communications, in\nsupport or opposition to any referendum authorized by the state\nlegislature following second passage of a concurrent resolution to amend\nthe state constitution to permit or authorize casino gaming to a general\npublic audience, shall file any reports required pursuant to the\nelection law simultaneously with the gaming commission and shall provide\nsuch additional reports as required by the commission. This requirement\nshall apply irrespective of whether such entity makes such expenditure\ndirectly or indirectly via one or more persons. The commission shall\npromulgate regulations to implement the requirements of this section.\n  (b) Casino gaming expenditures do not include expenditures in\nconnection with:\n  (i) a written news story, commentary, or editorial or a news story,\ncommentary, or editorial distributed through the facilities of any\nbroadcasting station, cable or satellite unless such publication or\nfacilities are owned or controlled directly or indirectly by the person\nmaking such expenditure; or\n  (ii) a communication published on the Internet, unless the\ncommunication is a paid advertisement.\n  (c) For purposes of this section, the term "person" shall mean person,\ngroup of persons, corporation, unincorporated business entity, labor\norganization or business, trade or professional association or\norganization, or political committee.\n  (d) A knowing or willful violation of the provisions of this section\nshall subject the person to a civil penalty equal to up to one hundred\nthousand dollars or the cost of the communication, whichever is greater,\nimposed by the gaming commission for each violation.\n  2. A copy of all communications paid for by the casino gaming\nexpenditure, including but not limited to broadcast, cable or satellite\nschedules and scripts, advertisements, pamphlets, circulars, flyers,\nbrochures, letterheads and other printed matter and statements or\ninformation conveyed to one thousand or more members of a general public\naudience shall be filed with the gaming commission with the statements\nrequired this article.\n
N.Y. EDN Law § 3221 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3221
Pledge of employment
Status: in_force

* § 3221. Pledge of employment. The pledge of employment shall be\nsigned by the initial prospective employer or his authorized\nrepresentative and shall show his name and place of business, the\nminor's name, the number of days per week and the number of hours per\nday and per week during which he will be employed, the hours of the\nbeginning and the ending of work, and the nature and type of the\nemployment.\n  * NB Effective until May 9, 2027\n  * § 3221. Pledge of employment. The pledge of employment shall be\ncompleted in the method prescribed pursuant to section one hundred\nthirty-five of the labor law by the initial prospective employer or\ntheir authorized representative and shall show their name and place of\nbusiness, the minor's name, the number of days per week and the number\nof hours per day and per week during which they will be employed, the\nhours of the beginning and the ending of work, and the nature and type\nof the employment.\n  * NB Effective May 9, 2027\n
N.Y. PBH Law § 3517 — New York Code / Act PBH / Article 35 / Title 4 / Section 3517
Separability
Status: in_force

§ 3517. Separability. If any clause, sentence, paragraph, section or\npart of this article shall be adjudged by any court of competent\njurisdiction to be invalid, the 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 directly\ninvolved in the controversy in which the judgment shall have been\nrendered.\n
N.Y. PBA Law § 212 — New York Code / Act PBA / Article 2 / Title 4 / Section 212
Rules and regulations relating to park
Status: in_force

* § 212. Rules and regulations relating to park. The use of Bethpage\npark shall be subject to the rules and regulations of the commissioner\nof parks and recreation and the commission, as provided in the parks and\nrecreation law, in the same manner as if such property were a park or\nparkway in the ninth park region under the jurisdiction of the\ncommissioner of parks and recreation; provided, however, that the\ncommissioner of parks and recreation and the commission shall have no\nauthority to alter or change any of the facilities hereby placed under\nthe authority or do anything which will impair the security of the\nbondholders or violate limitations contained in any agreement with the\nbondholders.\n  * NB (Abolished in 1975)\n
N.Y. RPT Law § 1170 — New York Code / Act RPT / Article 11 / Title 4 / Section 1170
Deed in lieu of foreclosure
Status: in_force

§ 1170. Deed in lieu of foreclosure. Any tax district may, when\nauthorized by resolution of its governing body and in lieu of\nprosecuting a proceeding to foreclose a tax lien on any parcel of real\nproperty pursuant to this article, accept a conveyance of the interest\nof any person having any right, title, interest, claim, lien or equity\nof redemption in or to such parcel.\n
N.Y. EDN Law § 3241 — New York Code / Act EDN / Title 4 / Article 65 / Part 2 / Section 3241
School census in cities, except in cities having a population of one hundred twenty-five thousand or more
Status: in_force

§ 3241. School census in cities, except in cities having a population\nof one hundred twenty-five thousand or more. 1. The board of education\nof each city, except in cities having a population of one hundred\ntwenty-five thousand or more, shall constitute a permanent census board\nin such city. Such board shall, under its regulations, cause a census of\nthe children in its city to be taken and to be amended from day to day,\nas changes of residence shall occur among persons in such cities within\nthe ages prescribed in subdivision two of this section and as other\npersons shall come within the ages prescribed therein and as other\npersons within such ages shall become residents of such cities, so that\nthere shall always be on file with such board a complete census giving\nthe facts and information required in subdivision two of this section;\nprovided, however, that for pre-school students from birth to five years\nof age, such census may be prepared and filed biennially on or before\nthe fifteenth day of October.\n  2. Such census shall include all persons between birth and eighteen\nyears of age and in the case of physically or mentally handicapped\nchildren between birth and twenty-one years of age, their names, their\nrespective residences by street and number, the day of the month and the\nyear of their birth, the names of the persons in parental relation to\nthem, such information relating to physical or mental defects, to\nilliteracy, to employment and to the enforcement of the law relating to\nchild labor and compulsory education as the education department and the\nboard of education of each such city shall require and also such further\ninformation as such board of education shall require.\n  3. Such board shall provide to the commissioner of education upon\nwritten request therefor and in such form as shall be prescribed by him,\na report containing the names, ages and addresses of those children who\nare blind or deaf and those having serious physical or mental defects.\nIn addition such report shall indicate whether such children are being\neducated within the public schools of the district or, if they are not,\nwhere such education is being furnished them.\n  4. It shall be the duty of persons in parental relation to any person\nbetween such ages residing within the limits of any such city to make\nsuch reports as the board of education of such city shall require. Such\nreports shall contain the following information:\n  a. Two weeks before any child shall become of the compulsory school\nage, the name of such child, its residence, the name of the person or\npersons in parental relation thereto, and the name and location of the\nschool to which such child shall have been or shall be sent as a pupil.\n  b. In case a child of compulsory school age shall, for any cause, be\nremoved from one school and sent to another school, or sent to work in\naccordance with the labor law, all the facts in relation thereto.\n  c. In case the residence of a child shall be removed from one police\nprecinct to another police precinct, the new residence and the other\nfacts required in paragraphs a and b of this subdivision.\n  d. In case a child between birth and eighteen years of age shall\nbecome a resident of such city for the first time, the name, residence\nand such other facts as the board of education shall require.\n
N.Y. PBA Law § 3053 — New York Code / Act PBA / Article 10 / Title 4 / Section 3053
Creation of the municipal assistance corporation for the city of Troy; authorized indebtedness
Status: in_force

§ 3053. Creation of the municipal assistance corporation for the city\nof Troy; authorized indebtedness. 1. There is hereby created the\nmunicipal assistance corporation for the city of Troy. The corporation\nshall be a corporate governmental agency and instrumentality of the\nstate constituting a public benefit corporation. It shall have the\npowers, privileges and duties of a corporation under title two of this\narticle and under this title. The corporation shall continue for a term\nof one year after all its liabilities have been fully paid and\ndischarged. Upon the termination of the existence of the corporation,\nall of its rights and property shall pass to and be vested in the state.\n  1-a. Notwithstanding the provisions of subdivision one of this section\nor any other provision of law, upon payment in full of all outstanding\nbonds or notes issued by the corporation under this title, and payment\nof all amounts required to be paid to the United States Treasury for\ntax-exempt bond rebate obligations, all remaining funds of the\ncorporation not needed in the determination of the board of the\ncorporation for operating expenses of the corporation, are hereby\nauthorized and directed to be paid directly to the city of Troy. The\ndetermination of the board of the corporation of the amount of such\nfunds available to be paid to the city of Troy shall be final and\nconclusive. In addition, upon payment of all outstanding obligations of\nthe corporation, including after completion of audited financial\nstatements of the corporation for the two thousand twenty-one fiscal\nyear, as well as any shortened audit for any portion of the two thousand\ntwenty-two fiscal year which may be determined by the board of the\ncorporation to be in the public interest, the existence of the\ncorporation may be terminated by resolution of the board of the\ncorporation at any time, but in no event later than one year after all\nits liabilities have been paid.\n  2. Subject to the provisions of any contract with noteholders or\nbondholders, the corporation shall not issue bonds and notes in an\naggregate principal amount exceeding seventy-one million dollars,\nexcluding bonds and notes issued to fund the bond reserve fund\nestablished pursuant to section three thousand fifty-six of this title\nand any bonds or notes issued to refund outstanding bonds and notes of\nthe corporation, for the purposes described in paragraphs (c), (d), (e),\nand (f) of subdivision one of section three thousand fifty-seven of this\ntitle.\n  2-a. In addition to the authority provided in subdivision two of this\nsection, the corporation may, until December thirty-first, nineteen\nhundred ninety-nine, issue notes in an aggregate principal amount which\nthe chief executive officer certifies to the corporation is required by\nthe city to provide for purposes described in paragraph (b) of\nsubdivision one of section three thousand fifty-seven of this title,\nwithout interruption, services essential to its inhabitants while\nmeeting its obligation to the holders of its outstanding securities to\nDecember thirty-first, nineteen hundred ninety-nine, but not to exceed\ntwo million dollars outstanding in the aggregate at any time (excluding\nnotes to fund the bond reserve fund established pursuant to section\nthree thousand fifty-six of this title). Such notes shall finally mature\nno later than December thirty-first, two thousand. Such notes shall\nmature within one year from their date of issue and may be renewed from\ntime to time, but each renewal shall be for a period not to exceed one\nyear. The terms of issuance of such notes shall not contain any\nprovision creating rights in the holders of such notes to convert such\nnotes to or exchange such notes for bonds of the corporation.\n  2-b. In addition to the authority provided in subdivisions two and\ntwo-a of this section, the corporation may, not later than December\nthirty-first, nineteen hundred ninety-eight issue bonds and notes in an\naggregate principal amount not to exceed two million dollars (excluding\nany bonds or notes issued to fund the bond reserve fund established\npursuant to section three thousand fifty-six of this title and any bonds\nor notes issued to refund outstanding bonds or notes) for the purpose of\nfunding capital projects within the city pursuant to subdivision (a) of\nsection three thousand fifty-seven of this title.\n  3. (a) No note or bond (i) shall mature more than thirty years from\nthe date of the original issue of such note or bond and, in any event,\nnot later than January first, two thousand thirty or (ii) shall be\nissued on a date later than December thirty-first, nineteen hundred\nninety-nine, unless such note or bond is a renewal or refunding of an\noutstanding note or bond.\n  (b) No bond shall be issued by the corporation for a purpose set forth\nin paragraph (b) of subdivision one of section three thousand\nfifty-seven of this title.\n  (c) Whenever all or a portion of a series of notes or bonds of the\ncorporation is issued for a purpose set forth in section three thousand\nfifty-seven of this title to the extent that the payment of the proceeds\nof such series is evidenced by a bond or bonds of the city, not more\nthan one year following a scheduled payment of principal on any such\ncity bond (including sinking fund installments), a substantially equal\npayment of principal (including sinking fund installments) shall be\nscheduled with respect to the notes or bonds included in such series of\nthe corporation.\n  4. The corporation is authorized to procure a bond or note facility\nwith respect to its bonds or notes issued pursuant to this section and\nas security for the principal of and interest on any bonds or notes\nissued pursuant to this section and for its obligations under any bond\nor note facility the corporation may pledge any part of its revenues or\nassets.\n  5. Whenever this title establishes a limit on the principal amount of\nbonds or notes that the corporation is authorized to issue, there shall\nnot be counted against such limit (i) amounts certified by the chairman\nof the corporation as reasonable to be used to pay the cost of issuing\nsuch bonds or notes where such certification has been provided in\nwriting to the state comptroller and the city of Troy, (ii) the amount\nof bonds or notes that would constitute interest under the Internal\nRevenue Code of 1986, as amended, and (iii) the portion of any bonds or\nnotes issued to accomplish the purposes described in paragraphs (d) and\n(e) of subdivision one of section three thousand fifty-seven of this\ntitle to the extent necessary to pay interest to the date of redemption\nor maturity, redemption premium, if any, or other similar costs relating\nto the accomplishment of such purposes.\n  6. At the written request of the city, the corporation is authorized\nto pledge, subject to the prior pledge of the corporation's revenues and\nassets pursuant to its contracts with the holders of its bonds, notes or\nother obligations, any part of its revenues or assets not to exceed one\nhundred thousand dollars in any state fiscal year in favor of the\ncommissioner of environmental conservation to secure obligations of the\ncity related to post-closure care and potential corrective measures of\nthe city's landfill.\n
N.Y. RSS Law § 32 — New York Code / Act RSS / Article 2 / Title 4 / Section 32
Participation by certain New York city libraries
Status: in_force

§ 32. Participation by certain New York city libraries. a. The boards\nof trustees of The New York Public Library, Astor, Lenox and Tilden\nFoundations, The Brooklyn Public Library and The Queens Borough Public\nLibrary, which organizations employ persons engaged in service to the\npublic, by resolution legally adopted and approved by the comptroller,\nmay elect to have their employees become eligible to participate in the\nretirement system. When such election is made by the board of trustees\nof any such library in pursuance of an agreement or plan concluded\nbetween it and the city of New York, for such of its employees whose\nsalaries and compensation are paid from appropriations to such library\nby the city of New York in its budget, then such board of trustees shall\nalso elect by separate resolution to have such of its employees, whose\nsalaries and compensation for services are paid out of its own corporate\nfunds, become eligible to participate in the retirement system.\n  b. Acceptance of the employees of such an employer for membership in\nthe retirement system shall be optional with the comptroller. If he\nshall approve their participation, then such organization shall be\ntreated as if it were a municipality that has approved the participation\nof its employees in the retirement system as provided in section thirty\nof this article. The comptroller shall determine the amounts of\ncontribution payable by such libraries and their employees, and, in all\nother respects in so far as this article covering such a municipality is\napplicable, shall similarly treat all such employees.\n  c. When, as a condition of a contract or plan concluded with any one\nof such libraries, a number of whose employees are being paid from\nsalaries and compensation for services out of appropriations as\naforesaid, the city of New York obligates itself in any manner to pay or\ncause to be paid deficiency and normal contributions on account of such\nemployees to the extent of, and not in excess of, a certain specified\nrate based on a fixed percentage of the payroll appropriated, then the\ncomptroller shall have power to accept the participation of all the\nemployees of such organization on the same terms and subject to the same\nlimitations as provided for under both aforesaid resolutions. Such\nemployees shall in all other respects participate in the retirement\nsystem as provided in section thirty-one of this article.\n  d. Should there be a default in paying or causing to be paid pursuant\nto any contract or agreement with such employer the deficiency and\nnormal contributions on account of the employees of any such library,\nwhose salaries and compensation for services are paid out of funds\nappropriated by such city, or, if the amount of such contributions\nrequired to be paid by such city, pursuant to any contract or agreement\nmade prior to the first participation of such employees, a copy of which\nshall have been filed with the comptroller, is, in the judgment of the\ncomptroller, insufficient and inadequate to continue the membership of\nthe employees of such employer in the retirement system because of the\nlimit set in such contract, then such employer shall immediately be\nrelieved and exonerated from any duty or obligation to any person\nwhatsoever from making any contribution on account of any or all its\nemployees. A certificate to such effect shall be sent to the employer\nand to the state superintendent of financial services. All members of\nthe retirement system, who were employees of such employer at the time\nsuch certificate is issued, shall thereupon be entitled to discontinue\nmembership as provided in section thirty-one of this article. Any such\nemployer, however, within thirty days of the receipt of such certificate\nmay notify the comptroller that it elects to continue the benefits of\nthe retirement system for such of its employees whose salaries and\ncompensation for services are paid out of its own corporate funds.\n  e. Notwithstanding anything to the contrary, the retirement system\nshall not be liable for the payment of any pensions or other benefits on\naccount of the officers and employees or pensioners of any employer\nunder this section, for which reserves have not been previously created\nfrom funds contributed by such employer or its officers and employees\nfor such benefits.\n
N.Y. VAT Law § 417-B — New York Code / Act VAT / Title 4 / Article 16 / Section 417-B
Mandatory disclosures by second-hand dealers prior to resale
Status: in_force

§ 417-b. Mandatory disclosures by second-hand dealers prior to resale.\n1. Upon the sale or transfer of title by any dealer of any second-hand\nmotor vehicle which was manufactured or assembled on or after July\nfirst, nineteen hundred ninety-one and designed as a nineteen hundred\nninety-two or later model and which the dealer knows or has reason to\nknow that such vehicle is not equipped with a tamper-resistant odometer\nas provided in subdivision forty-six of section three hundred\nseventy-five of this chapter, the 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 IS NOT EQUIPPED WITH A\nTAMPER-RESISTANT ODOMETER." Such notice that a vehicle is not equipped\nwith a tamper-resistant odometer shall also be conspicuously printed on\nthe motor vehicle's certificate of title.\n  2. The failure of a dealer to deliver to the buyer the instrument\nrequired by this section or the delivery of an instrument containing\nfalse or misleading information shall constitute a violation of this\nsection.\n  3. A consumer injured by a violation of this section may bring an\naction to recover damages. Judgment may be entered for three times the\nactual damages suffered by a consumer or one hundred dollars, whichever\nis greater. A court also may award reasonable attorneys' fees to a\nprevailing plaintiff buyer.\n  4. a. Upon any violation of this section, an application may be made\nby the attorney general in the name of the people of the state of New\nYork to a court or justice having jurisdiction to issue an injunction,\nand upon notice to the defendant of not less than five days, to enjoin\nand restrain the continuance of the violation. If it shall appear to the\nsatisfaction of the court or justice that the defendant has violated\nthis section, an injunction may be issued by the court or justice,\nenjoining and restraining any further violation, without requiring proof\nthat any person has, in fact, been injured or damaged thereby. In any\nsuch proceeding, the court may make allowances to the attorney general\nas provided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution.\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. SOS Law § 409-H — New York Code / Act SOS / Article 6 / Title 4-A / Section 409-H
Assessment of appropriateness of placement in a qualified residential treatment program
Status: in_force

§ 409-h. Assessment of appropriateness of placement in a qualified\nresidential treatment program. 1. (a) Prior to a child's placement in a\nqualified residential treatment program, as defined in subdivision four\nof this section, but at least within thirty days of the start of a\nplacement in a qualified residential treatment program of a child in the\ncare and custody or the custody and guardianship of the commissioner of\na local social services district or the office of children and family\nservices that occurs on or after September twenty-ninth, two thousand\ntwenty-one, a qualified individual as defined in subdivision five of\nthis section shall complete an assessment as to the appropriateness of\nsuch placement utilizing an age-appropriate, evidence-based, validated,\nfunctional assessment tool approved by the federal government for such\npurpose. Such assessment shall be in accordance with 42 United States\nCode sections 672 and 675a and the state's approved title IV-E state\nplan and shall include, but not be limited to: (i) an assessment of the\nstrengths and needs of the child; and (ii) a determination of the most\neffective and appropriate level of care for the child in the least\nrestrictive setting, including whether the needs of the child can be met\nwith family members or through placement in a foster family home, or in\na setting specified in paragraph (c) of this subdivision, consistent\nwith the short-term and long-term goals for the child as specified in\nthe child's permanency plan. Such assessment shall be completed in\nconjunction with the family and permanency team established pursuant to\nparagraph (b) of this subdivision.\n  (b) The family and permanency team shall consist of all appropriate\nbiological family members, relatives, and fictive kin of the child, as\nwell as, as appropriate, professionals who are a resource to the family\nof the child, including but not limited to, the attorney for the child\nor the attorney for the parent if applicable, teachers, medical or\nmental health providers who have treated the child, or clergy. In the\ncase of a child who has attained the age of fourteen, the family and\npermanency team shall include the members of the permanency planning\nteam for the child in accordance with 42 United States Code section 675\nand the state's approved title IV-E state plan.\n  (c) Where the qualified individual determines that the child may not\nbe placed in a foster family home, the qualified individual must specify\nin writing the reasons why the needs of the child cannot be met by the\nchild's family or in a foster family home. A shortage or lack of foster\nfamily homes shall not constitute circumstances warranting a\ndetermination that the needs of the child cannot be met in a foster\nfamily home. The qualified individual shall also include why such a\nplacement is not the most effective and appropriate level of care for\nsuch child. Such determination shall include whether the needs of the\nchild can be met through placement in:\n  (i) An available supervised setting, as such term is defined in\nsection three hundred seventy-one of this article;\n  (ii) If the child has been found to be, or is at risk of becoming, a\nsexually exploited child as defined in subdivision one of section four\nhundred forty-seven-a of this article, a setting providing residential\ncare and supportive services for sexually exploited children;\n  (iii) A setting specializing in providing prenatal, post-partum or\nparenting supports for youth; or\n  (iv) A qualified residential treatment program.\n  2. The qualified individual or their designee shall promptly, but no\nlater than five days following the completion of the assessment, provide\nthe assessment, determination and documentation pursuant to subdivision\none of this section to the court, the parent or guardian of the child,\nand to the attorney for the child and the attorney for the parent, if\napplicable, and a written summary detailing the assessment findings\nrequired pursuant to subdivision one of this section to either the local\nsocial services district or the office of children and family services\nthat has care and custody or custody and guardianship of the child, as\napplicable, and the parties to the proceeding, redacting any information\nnecessary to comply with federal and state confidentiality laws.\n  3. Where the qualified individual determines that the placement of the\nchild in a qualified residential treatment program is not appropriate\nafter the assessment conducted pursuant to subdivision one of this\nsection, the child's placement shall continue until the court has an\nopportunity to hold a hearing to consider the qualified individual's\nassessment and make an independent determination required pursuant to\nsection three hundred ninety-three of this article or sections 353.7,\nseven hundred fifty-six-b, one thousand fifty-five-c, one thousand\nninety-one-a or one thousand ninety-seven of the family court act, as\napplicable. Provided however, nothing herein shall prohibit a motion\nfrom being filed pursuant to sections 355.1, seven hundred sixty-four or\none thousand eighty-eight of the family court act, as applicable. If the\nappropriate party files such motion, the court shall hold a hearing, as\nrequired, and also complete the assessment required pursuant to section\nthree hundred ninety-three of this article or sections 353.7, seven\nhundred fifty-six-b, one thousand fifty-five-c, one thousand\nninety-one-a or one thousand ninety-seven of the family court act, as\napplicable, at the same time. The court shall consider all relevant and\nnecessary information as required and make a determination about the\nappropriateness of the child's placement based on standards required\npursuant to the applicable sections.\n  4. "Qualified residential treatment program" means a program that is a\nnon-foster family residential program in accordance with 42 United State\nCode sections 672 and 675a and the state's approved title IV-E state\nplan.\n  5. "Qualified individual" shall mean a trained professional or\nlicensed clinician acting within their scope of practice who shall have\ncurrent or previous relevant experience in the child welfare field.\nProvided however, such individual shall not be an employee of the office\nof children and family services, nor shall such person have a direct\nrole in case management or case planning decision making authority for\nthe child for whom such assessment is being conducted, in accordance\nwith 42 United States Code sections 672 and 675a and the state's\napproved title IV-E state plan.\n
N.Y. LFN Law § 54.60 — New York Code / Act LFN / Article 2 / Title 4 / Section 54.60
Cost of sales; city of Utica
Status: in_force

§ 54.60 Cost of sales; city of Utica.  To facilitate the marketing of\nany issue of serial bonds of the city of Utica issued on or before March\nthirty-first, nineteen hundred eighty-eight, 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:\n  a. arrange for the underwriting of its bonds at private sale through\nnegotiated agreement, compensation for such underwriting to be provided\nby negotiated fee or by sale of such bonds to an underwriter at a price\nof par value or at a discount not to exceed two percent, and the accrued\ninterest on such obligations; or\n  b. arrange for the private sale of its bonds through negotiated\nagreement, compensation for such sales to be provided by negotiated fee,\nif required. The cost of such underwriting or private placement shall be\ndeemed a preliminary cost for purposes of section 11.00 of this chapter.\n
N.Y. EDN Law § 3020-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3020-A
Disciplinary procedures and penalties
Status: in_force

§ 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.\nAll charges against a person enjoying the benefits of tenure as provided\nin subdivision three of section eleven hundred two, and sections\ntwenty-five hundred nine, twenty-five hundred seventy-three, twenty-five\nhundred ninety-j, three thousand twelve and three thousand fourteen of\nthis chapter shall be in writing and filed with the clerk or secretary\nof the school district or employing board during the period between the\nactual opening and closing of the school year for which the employed is\nnormally required to serve. Except as provided in subdivision eight of\nsection twenty-five hundred seventy-three and subdivision seven of\nsection twenty-five hundred ninety-j of this chapter, no charges under\nthis section shall be brought more than three years after the occurrence\nof the alleged incompetency or misconduct, except when the charge is of\nmisconduct constituting a crime when committed.\n  2. Disposition of charges. a. Upon receipt of the charges, the clerk\nor secretary of the school district or employing board shall immediately\nnotify said board thereof. Within five days after receipt of charges,\nthe employing board, in executive session, shall determine, by a vote of\na majority of all the members of such board, whether probable cause\nexists to bring a disciplinary proceeding against an employee pursuant\nto this section. If such determination is affirmative, a written\nstatement specifying (i) the charges in detail, (ii) the maximum penalty\nwhich will be imposed by the board if the employee does not request a\nhearing or that will be sought by the board if the employee is found\nguilty of the charges after a hearing and (iii) the employee's rights\nunder this section, shall be immediately forwarded to the accused\nemployee by certified or registered mail, return receipt requested or by\npersonal delivery to the employee.\n  b. The employee may be suspended pending a hearing on the charges and\nthe final determination thereof. The suspension shall be with pay,\nexcept the employee may be suspended without pay if the employee has\nentered a guilty plea to or has been convicted of a felony crime\nconcerning the criminal sale or possession of a controlled substance, a\nprecursor of a controlled substance, or drug paraphernalia as defined in\narticle two hundred twenty or two hundred twenty-one of the penal law;\nor a felony crime involving the physical abuse of a minor or student.\n  c. Where charges of misconduct constituting physical or sexual abuse\nof a student are brought on or after July first, two thousand fifteen,\nthe board of education may suspend the employee without pay pending an\nexpedited hearing pursuant to subparagraph (i-a) of paragraph c of\nsubdivision three of this section. Notwithstanding any other law, rule,\nor regulation to the contrary, the commissioner shall establish a\nprocess in regulations for a probable cause hearing before an impartial\nhearing officer within ten days to determine whether the decision to\nsuspend an employee without pay pursuant to this paragraph should be\ncontinued or reversed. The process for selection of an impartial hearing\nofficer shall be as similar as possible to the regulatory framework for\nthe appointment of an impartial hearing officer for due process\ncomplaints pursuant to section forty-four hundred four of this chapter.\nThe hearing officer shall determine whether probable cause supports the\ncharges and shall reverse the decision of the board of education to\nsuspend the employee without pay and reinstate such pay upon a finding\nthat probable cause does not support the charges. The hearing officer\nmay also reinstate pay upon a written determination that a suspension\nwithout pay is grossly disproportionate in light of all surrounding\ncircumstances. Provided, further, that such an employee shall be\neligible to receive reimbursement for withheld pay and accrued interest\nat a rate of six percent compounded annually if the hearing officer\nfinds in his or her favor, either at the probable cause hearing or in a\nfinal determination pursuant to the expedited hearing held pursuant to\nsubparagraph (i-a) of paragraph c of subdivision three of this section.\nAny suspension without pay shall last no longer than one hundred and\ntwenty days from the decision of the board of education to suspend the\nemployee without pay and such suspension shall only relate to employee\ncompensation, exclusive of other benefits and guarantees.\nNotwithstanding any other provision of law or regulation to the\ncontrary, any provision of a collective bargaining agreement entered\ninto by the city of New York as of April first, two thousand fifteen,\nthat provides for suspension without pay for offenses as specified in\nthis paragraph shall supersede the provisions hereof and shall continue\nin effect without modification and may be extended.\n  d. The employee shall be terminated without a hearing, as provided for\nin this section, upon conviction of a sex offense, as defined in\nsubparagraph two of paragraph b of subdivision seven-a of section three\nhundred five of this chapter. To the extent this section applies to an\nemployee acting as a school administrator or supervisor, as defined in\nsubparagraph three of paragraph b of subdivision seven-b of section\nthree hundred five of this chapter, such employee shall be terminated\nwithout a hearing, as provided for in this section, upon conviction of a\nfelony offense defined in subparagraph two of paragraph b of subdivision\nseven-b of section three hundred five of this chapter.\n  e. (i) For hearings commenced by the filing of charges prior to July\nfirst, two thousand fifteen, within ten days of receipt of the statement\nof charges, the employee shall notify the clerk or secretary of the\nemploying board in writing whether he or she desires a hearing on the\ncharges and when the charges concern pedagogical incompetence or issues\ninvolving pedagogical judgment, his or her choice of either a single\nhearing officer or a three member panel, provided that a three member\npanel shall not be available where the charges concern pedagogical\nincompetence based solely upon a teacher's or principal's pattern of\nineffective teaching or performance as defined in section three thousand\ntwelve-c of this article. All other charges shall be heard by a single\nhearing officer.\n  (ii) All hearings commenced by the filing of charges on or after July\nfirst, two thousand fifteen shall be heard by a single hearing officer.\n  f. The unexcused failure of the employee to notify the clerk or\nsecretary of his or her desire for a hearing within ten days of the\nreceipt of charges shall be deemed a waiver of the right to a hearing.\nWhere an employee requests a hearing in the manner provided for by this\nsection, the clerk or secretary of the board shall, within three working\ndays of receipt of the employee's notice or request for a hearing,\nnotify the commissioner of the need for a hearing. If the employee\nwaives his or her right to a hearing the employing board shall proceed,\nwithin fifteen days, by a vote of a majority of all members of such\nboard, to determine the case and fix the penalty, if any, to be imposed\nin accordance with subdivision four of this section.\n  3. Hearings. a. Notice of hearing. Upon receipt of a request for a\nhearing in accordance with subdivision two of this section, the\ncommissioner shall forthwith notify the American Arbitration Association\n(hereinafter "association") of the need for a hearing and shall request\nthe association to provide to the commissioner forthwith a list of names\nof persons chosen by the association from the association's panel of\nlabor arbitrators to potentially serve as hearing officers together with\nrelevant biographical information on each arbitrator. Upon receipt of\nsaid list and biographical information, the commissioner shall forthwith\nsend a copy of both simultaneously to the employing board and the\nemployee. The commissioner shall also simultaneously notify both the\nemploying board and the employee of each potential hearing officer's\nrecord in the last five cases of commencing and completing hearings\nwithin the time periods prescribed in this section.\n  b. (i) Hearing officers. All hearings pursuant to this section shall\nbe conducted before and by a single hearing officer selected as provided\nfor in this section. A hearing officer shall not be eligible to serve in\nsuch position if he or she is a resident of the school district, other\nthan the city of New York, under the jurisdiction of the employing\nboard, an employee, agent or representative of the employing board or of\nany labor organization representing employees of such employing board,\nhas served as such agent or representative within two years of the date\nof the scheduled hearing, or if he or she is then serving as a mediator\nor fact finder in the same school district.\n  (A) Notwithstanding any other provision of law, for hearings commenced\nby the filing of charges prior to April first, two thousand twelve, the\nhearing officer shall be compensated by the department with the\ncustomary fee paid for service as an arbitrator under the auspices of\nthe association for each day of actual service plus necessary travel and\nother reasonable expenses incurred in the performance of his or her\nduties. All other expenses of the disciplinary proceedings commenced by\nthe filing of charges prior to April first, two thousand twelve shall be\npaid in accordance with rules promulgated by the commissioner. Claims\nfor such compensation for days of actual service and reimbursement for\nnecessary travel and other expenses for hearings commenced by the filing\nof charges prior to April first, two thousand twelve shall be paid from\nan appropriation for such purpose in the order in which they have been\napproved by the commissioner for payment, provided payment shall first\nbe made for any other hearing costs payable by the commissioner,\nincluding the costs of transcribing the record, and provided further\nthat no such claim shall be set aside for insufficiency of funds to make\na complete payment, but shall be eligible for a partial payment in one\nyear and shall retain its priority date status for appropriations\ndesignated for such purpose in future years.\n  (B) Notwithstanding any other provision of law, rule or regulation to\nthe contrary, for hearings commenced by the filing of charges on or\nafter April first, two thousand twelve, the hearing officer shall be\ncompensated by the department for each day of actual service plus\nnecessary travel and other reasonable expenses incurred in the\nperformance of his or her duties, provided that the commissioner shall\nestablish a schedule for maximum rates of compensation of hearing\nofficers based on customary and reasonable fees for service as an\narbitrator and provide for limitations on the number of study hours that\nmay be claimed.\n  (ii) The commissioner shall mail to the employing board and the\nemployee the list of potential hearing officers and biographies provided\nto the commissioner by the association, the employing board and the\nemployee, individually or through their agents or representatives, shall\nby mutual agreement select a hearing officer from said list to conduct\nthe hearing and shall notify the commissioner of their selection.\n  (iii) Within fifteen days after receiving the list of potential\nhearing officers as described in subparagraph (ii) of this paragraph,\nthe employing board and the employee shall each notify the commissioner\nof their agreed upon hearing officer selection. If the employing board\nand the employee fail to agree on an arbitrator to serve as a hearing\nofficer from the list of potential hearing officers, or fail to notify\nthe commissioner of a selection within such fifteen day time period, the\ncommissioner shall appoint a hearing officer from the list. The\nprovisions of this subparagraph shall not apply in cities with a\npopulation of one million or more with alternative procedures specified\nin section three thousand twenty of this article.\n  (iv) In those cases commenced by the filing of charges prior to July\nfirst, two thousand fifteen in which the employee elects to have the\ncharges heard by a hearing panel, the hearing panel shall consist of the\nhearing officer, selected in accordance with this subdivision, and two\nadditional persons, one selected by the employee and one selected by the\nemploying board, from a list maintained for such purpose by the\ncommissioner. The list shall be composed of professional personnel with\nadministrative or supervisory responsibility, professional personnel\nwithout administrative or supervisory responsibility, chief school\nadministrators, members of employing boards and others selected from\nlists of nominees submitted to the commissioner by statewide\norganizations representing teachers, school administrators and\nsupervisors and the employing boards. Hearing panel members other than\nthe hearing officer shall be compensated by the department at the rate\nof one hundred dollars for each day of actual service plus necessary\ntravel and subsistence expenses. The hearing officer shall be\ncompensated as set forth in this subdivision. The hearing officer shall\nbe the chairperson of the hearing panel.\n  c. Hearing procedures. (i) (A) The commissioner shall have the power\nto establish necessary rules and procedures for the conduct of hearings\nunder this section.\n  (B) The department shall be authorized to monitor and investigate a\nhearing officer's compliance with statutory timelines pursuant to this\nsection. The commissioner shall annually inform all hearing officers who\nhave heard cases pursuant to this section during the preceding year that\nthe time periods prescribed in this section for conducting such hearings\nare to be strictly followed. A record of continued failure to commence\nand complete hearings within the time periods prescribed in this section\nshall be considered grounds for the commissioner to exclude such\nindividual from the list of potential hearing officers sent to the\nemploying board and the employee for such hearings.\n  (C) Such rules shall not require compliance with technical rules of\nevidence. Hearings shall be conducted by the hearing officer selected\npursuant to paragraph b of this subdivision with full and fair\ndisclosure of the nature of the case and evidence against the employee\nby the employing board and shall be public or private at the discretion\nof the employee and provided further that the hearing officer, at the\npre-hearing conference, shall set a schedule and manner for full and\nfair disclosure of the witnesses and evidence to be offered by the\nemployee. The employee shall have a reasonable opportunity to defend\nhimself or herself and an opportunity to testify in his or her own\nbehalf. The employee shall not be required to testify. Each party shall\nhave the right to be represented by counsel, to subpoena witnesses, and\nto cross-examine witnesses. All testimony taken shall be under oath\nwhich the hearing officer is hereby authorized to administer. A child\nwitness under the age of fourteen may be permitted to testify through\nthe use of live, two-way closed-circuit television, as such term is\ndefined in subdivision four of section 65.00 of the criminal procedure\nlaw, when the hearing officer, after providing the employee with an\nopportunity to be heard, determines by clear and convincing evidence\nthat such child witness would suffer serious mental or emotional harm\nwhich would substantially impair such child's ability to communicate if\nrequired to testify at the hearing without the use of live, two-way\nclosed-circuit television and that the use of such live, two-way\nclosed-circuit television will diminish the likelihood or extent of such\nharm. In making such determination, the hearing officer shall consider\nany applicable factors contained in subdivision ten of section 65.20 of\nthe criminal procedure law. Where the hearing officer determines that\nsuch child witness will be permitted to testify through the use of live,\ntwo-way closed-circuit television, the testimony of such child witness\nshall be taken in a manner consistent with section 65.30 of the criminal\nprocedure law.\n  (D) An accurate record of the proceedings shall be kept at the expense\nof the department at each such hearing in accordance with the\nregulations of the commissioner. A copy of the record of the hearings\nshall, upon request, be furnished without charge to the employee and the\nboard of education involved. The department shall be authorized to\nutilize any new technology or such other appropriate means to transcribe\nor record such hearings in an accurate, reliable, efficient and\ncost-effective manner without any charge to the employee or board of\neducation involved.\n  (i-a)(A) Where charges of misconduct constituting physical or sexual\nabuse of a student are brought, the hearing shall be conducted before\nand by a single hearing officer in an expedited hearing, which shall\ncommence within seven days after the pre-hearing conference and shall be\ncompleted within sixty days after the pre-hearing conference. The\nhearing officer shall establish a hearing schedule at the pre-hearing\nconference to ensure that the expedited hearing is completed within the\nrequired timeframes and to ensure an equitable distribution of days\nbetween the employing board and the charged employee. Notwithstanding\nany other law, rule or regulation to the contrary, no adjournments may\nbe granted that would extend the hearing beyond such sixty days, except\nas authorized in this subparagraph. A hearing officer, upon request, may\ngrant a limited and time specific adjournment that would extend the\nhearing beyond such sixty days if the hearing officer determines that\nthe delay is attributable to a circumstance or occurrence substantially\nbeyond the control of the requesting party and an injustice would result\nif the adjournment were not granted.\n  (B) The commissioner shall annually inform all hearing officers who\nhave heard cases pursuant to this section during the preceding year that\nthe time periods prescribed in this subparagraph for conducting\nexpedited hearings are to be strictly followed and failure to do so\nshall be considered grounds for the commissioner to exclude such\nindividual from the list of potential hearing officers sent to the\nemploying board and the employee for such expedited hearings.\n  (ii) The hearing officer selected to conduct a hearing under this\nsection shall, within ten to fifteen days of agreeing to serve in such\nposition, hold a pre-hearing conference which shall be held in the\nschool district or county seat of the county, or any county, wherein the\nemploying school board is located. The pre-hearing conference shall be\nlimited in length to one day except that the hearing officer, in his or\nher discretion, may allow one additional day for good cause shown.\n  (iii) At the pre-hearing conference the hearing officer shall have the\npower to:\n  (A) issue subpoenas;\n  (B) hear and decide all motions, including but not limited to motions\nto dismiss the charges;\n  (C) hear and decide all applications for bills of particular or\nrequests for production of materials or information, including, but not\nlimited to, any witness statement (or statements), investigatory\nstatement (or statements) or note (notes), exculpatory evidence or any\nother evidence, including district or student records, relevant and\nmaterial to the employee's defense.\n  (iv) Any pre-hearing motion or application relative to the sufficiency\nof the charges, application or amendment thereof, or any preliminary\nmatters shall be made upon written notice to the hearing officer and the\nadverse party no less than five days prior to the date of the\npre-hearing conference. Any pre-hearing motions or applications not made\nas provided for herein shall be deemed waived except for good cause as\ndetermined by the hearing officer.\n  (v) In the event that at the pre-hearing conference the employing\nboard presents evidence that the professional license of the employee\nhas been revoked and all judicial and administrative remedies have been\nexhausted or foreclosed, the hearing officer shall schedule the date,\ntime and place for an expedited hearing, which hearing shall commence\nnot more than seven days after the pre-hearing conference and which\nshall be limited to one day. The expedited hearing shall be held in the\nlocal school district or county seat of the county or any county,\nwherein the said employing board is located. The expedited hearing shall\nnot be postponed except upon the request of a party and then only for\ngood cause as determined by the hearing officer. At such hearing, each\nparty shall have equal time in which to present its case.\n  (vi) During the pre-hearing conference, the hearing officer shall\ndetermine the reasonable amount of time necessary for a final hearing on\nthe charge or charges and shall schedule the location, time(s) and\ndate(s) for the final hearing. The final hearing shall be held in the\nlocal school district or county seat of the county, or any county,\nwherein the said employing school board is located. In the event that\nthe hearing officer determines that the nature of the case requires the\nfinal hearing to last more than one day, the days that are scheduled for\nthe final hearing shall be consecutive. The day or days scheduled for\nthe final hearing shall not be postponed except upon the request of a\nparty and then only for good cause shown as determined by the hearing\nofficer. In all cases, the final hearing shall be completed no later\nthan sixty days after the pre-hearing conference unless the hearing\nofficer determines that extraordinary circumstances warrant a limited\nextension.\n  (vii) All evidence shall be submitted by all parties within one\nhundred twenty-five days of the filing of charges and no additional\nevidence shall be accepted after such time, absent extraordinary\ncircumstances beyond the control of the parties.\n  d. Limitation on claims. Notwithstanding any other provision of law,\nrule or regulation to the contrary, no payments shall be made by the\ndepartment pursuant to this subdivision on or after April first, two\nthousand twelve for: (i) compensation of a hearing officer or hearing\npanel member, (ii) reimbursement of such hearing officers or panel\nmembers for necessary travel or other expenses incurred by them, or\n(iii) for other hearing expenses on a claim submitted later than one\nyear after the final disposition of the hearing by any means, including\nsettlement, or within ninety days after the effective date of this\nparagraph, whichever is later; provided that no payment shall be barred\nor reduced where such payment is required as a result of a court order\nor judgment or a final audit.\n  4. Post hearing procedures. a. The hearing officer shall render a\nwritten decision within thirty days of the last day of the final\nhearing, or in the case of an expedited hearing within ten days of such\nexpedited hearing, and shall forward a copy thereof to the commissioner\nwho shall immediately forward copies of the decision to the employee and\nto the clerk or secretary of the employing board. The written decision\nshall include the hearing officer's findings of fact on each charge, his\nor her conclusions with regard to each charge based on said findings and\nshall state what penalty or other action, if any, shall be taken by the\nemploying board. At the request of the employee, in determining what, if\nany, penalty or other action shall be imposed, the hearing officer may\nconsider the extent to which the employing board made efforts towards\ncorrecting the behavior of the employee which resulted in charges being\nbrought under this section through means including but not limited to:\nremediation, peer intervention or an employee assistance plan. In those\ncases where a penalty is imposed, such penalty may be a written\nreprimand, a fine, suspension for a fixed time without pay, or\ndismissal. In addition to or in lieu of the aforementioned penalties,\nthe hearing officer, where he or she deems appropriate, may impose upon\nthe employee remedial action including but not limited to leaves of\nabsence with or without pay, continuing education and/or study, a\nrequirement that the employee seek counseling or medical treatment or\nthat the employee engage in any other remedial or combination of\nremedial actions. Provided, however, that the hearing officer, in\nexercising his or her discretion, shall give serious consideration to\nthe penalty recommended by the employing board, and if the hearing\nofficer rejects the recommended penalty such rejection must be based on\nreasons based upon the record as expressed in a written determination.\n  b. Within fifteen days of receipt of the hearing officer's decision\nthe employing board shall implement the decision. If the employee is\nacquitted he or she shall be restored to his or her position with full\npay for any period of suspension without pay and the charges expunged\nfrom the employment record. If an employee who was convicted of a felony\ncrime specified in paragraph b of subdivision two of this section, has\nsaid conviction reversed, the employee, upon application, shall be\nentitled to have his or her pay and other emoluments restored, for the\nperiod from the date of his or her suspension to the date of the\ndecision.\n  c. The hearing officer shall indicate in the decision whether any of\nthe charges brought by the employing board were frivolous as defined in\nsection eighty-three hundred three-a of the civil practice law and\nrules. If the hearing officer finds that all of the charges brought\nagainst the employee were frivolous, the hearing officer shall order the\nemploying board to reimburse the department the reasonable costs said\ndepartment incurred as a result of the proceeding and to reimburse the\nemployee the reasonable costs, including but not limited to reasonable\nattorneys' fees, the employee incurred in defending the charges. If the\nhearing officer finds that some but not all of the charges brought\nagainst the employee were frivolous, the hearing officer shall order the\nemploying board to reimburse the department a portion, in the discretion\nof the hearing officer, of the reasonable costs said department incurred\nas a result of the proceeding and to reimburse the employee a portion,\nin the discretion of the hearing officer, of the reasonable costs,\nincluding but not limited to reasonable attorneys' fees, the employee\nincurred in defending the charges.\n  5. Appeal. a. Not later than ten days after receipt of the hearing\nofficer's decision, the employee or the employing board may make an\napplication to the New York state supreme court to vacate or modify the\ndecision of the hearing officer pursuant to section seventy-five hundred\neleven of the civil practice law and rules. The court's review shall be\nlimited to the grounds set forth in such section. The hearing panel's\ndetermination shall be deemed to be final for the purpose of such\nproceeding.\n  b. In no case shall the filing or the pendency of an appeal delay the\nimplementation of the decision of the hearing officer.\n
N.Y. ENV Law § 56-0405 — New York Code / Act ENV / Article 56 / Title 4 / Section 56-0405
Municipal recycling projects
Status: in_force

§ 56-0405. Municipal recycling projects.\n  1. As used in this section the following terms mean:\n  (a) "Recyclables recovery equipment" means structures, machinery or\ndevices, singly or in combination, designed, constructed and required\nprimarily to separate, process, modify, convert, treat, or prepare\ncollected solid waste, including household hazardous waste, which is\nincluded as part of a recyclables recovery program so that component\nmaterials or substances or recoverable resources may be used as a raw\nmaterial for new products or for useful purposes other than for energy\nrecovery.\n  (b) "Recyclables recovery program" means a program undertaken by a\nmunicipality consistent with requirements of section one hundred\ntwenty-aa of the general municipal law to provide for the\nenvironmentally sound recovery of recyclables, primarily involving the\ncollection, aggregation and processing of recyclable materials for their\nuse as raw materials for new products or for other useful purposes other\nthan for energy recovery, through facilities planned, designed and\nconstructed to ensure environmental protection and to maximize the\npotential for recyclables recovery. Such program shall have been\napproved by the commissioner and undertaken consistent with any local\nsolid waste management plan pursuant to section 27-0107 of this chapter.\n  (c) "Recycling project" means recyclables recovery equipment, source\nseparation equipment, a recyclables recovery program or any combination\nthereof required by a recyclables recovery program.\n  (d) "Source separation equipment" means municipally owned:\n  (i) add-ons or trailers designed to modify collection vehicles to\nallow sorting and separation of collected wastes held for the purpose of\nrecycling;\n  (ii) containers for the source separation and temporary storage of\nrecyclable wastes by commercial, industrial and institutional\ngenerators, and for the source separation and temporary storage of\nrecyclable materials by single family and multiple family dwellings\nprior to collection;\n  (iii) bins, sheds or other facilities for the temporary storage of\nmaterials prior to transport for the purposes of recycling; and\n  (iv) collection vehicles specifically designed to hold and transport\nsource-separated recyclables.\n  2. State assistance payments toward the cost of municipal recycling\nprojects shall be made pursuant to this title with the approval of the\ncommissioner.\n  3. In reviewing applications for state assistance payments for\nmunicipal recycling projects, the commissioner shall give due\nconsideration to:\n  (a) the adequacy of the municipality's recycling program and its\nrelationship to the needs and plans of other municipalities; provided,\nhowever, that such adequacy shall be determined in part by the efforts\nundertaken to date by the municipality to implement a mandatory source\nseparation law or ordinance required pursuant to section one hundred\ntwenty-aa of the general municipal law;\n  (b) the suitability and feasibility of the project in relation to the\nrecycling program and the area to be served;\n  (c) the proportion of solid waste for which recyclables recovery is\ncontemplated and the extent to which the project is consistent with the\nstatewide solid waste recycling goals established under the state solid\nwaste management plan, pursuant to section 27-0103 of this chapter;\n  (d) the potential for coordination and consolidation of solid waste\nmanagement practices among municipalities within specified areas,\nregions or planning units;\n  (e) the implementation of the system or components thereof and their\nexpected terms of usefulness, singly or in combination;\n  (f) the present and projected population, land use, and rates and\ncomposition of solid waste generation;\n  (g) the potential or contemplated markets for recovered recyclables\nand the extent to which the full avoided costs of proper collection,\ntransportation and disposal of source separated recyclables are, or are\nprojected to be, greater than the cost of collection, transportation and\nsale of said recyclables less the amount received from the sale of said\nrecyclables;\n  (h) the intergovernmental arrangements integral to the project;\n  (i) the non-governmental arrangements integral to the project;\n  (j) the urgency of the project, in relationship to all recyclables\nrecovery program needs in the state; and\n  (k) the environmental soundness of the project, including assurance\nthat the project will meet all applicable laws, criteria, and rules and\nregulations.\n  4. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of municipal recycling projects incurred after\nApril first, nineteen hundred ninety-three which is within the state of\nNew York and which is eligible for state assistance pursuant to this\ntitle. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. Upon approval of a project application, a municipality\nshall enter into a contract, as further provided within this article,\nwith the commissioner for state assistance payments toward the cost of\nsuch project to be received pursuant to this article.\n  5. The commissioner may, in the name of the state, enter into\ncontracts with municipalities to provide state assistance payments\ntoward the cost of municipal recycling projects which shall include the\nfollowing provisions:\n  (a) an estimate of the costs of the project as determined by the\ncommissioner;\n  (b) an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality, during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this title;\nand\n  (c) an agreement by the municipality:\n  (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n  (ii) to operate and maintain the municipal recycling project in\naccordance with applicable laws and rules and regulations;\n  (iii) to provide for the payment of the municipality's share of the\ncost of the project;\n  (iv) to continue, upon evaluation of its effectiveness, operation of\nthe project and not to dispose of the project or any portion thereof or\nchange its use without the approval of the commissioner;\n  (v) to assume the full cost of any continued operation of the project\nand to assume the full cost of any continued operation for a period no\nless than three years;\n  (vi) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such moneys declared appropriate by the\ncommissioner, if the municipality:\n  (A) fails to complete the project as approved;\n  (B) fails to continue operation of the project;\n  (C) disposes of the project, or any portion thereof, without the prior\nwritten approval of the respective commissioner; or\n  (D) changes the use of the project, or any portion thereof, without\nthe prior written approval of the commissioner. No repayment, however,\nshall be required where the commissioner determines that such failure,\ndisposition or change of use was immediately necessary to protect public\nhealth and safety;\n  (vii) to apply for and make reasonable efforts to secure federal\nassistance for the project; and\n  (viii) to not sell, lease or otherwise dispose of or use lands\nacquired under this title for any purpose inconsistent with the project\nunder which such land is acquired.\n  In connection with each contract, the commissioner shall keep adequate\nrecords of the amount of the payment by the state and of the amount of\nfederal assistance, if any, received by the municipality. Such records\nshall be retained by the commissioner and shall establish the basis for\nrecalculation of the state payment as required herein.\n
N.Y. PML Law § 1326 — New York Code / Act PML / Article 13 / Title 4 / Section 1326
Licensing of vendor enterprises
Status: in_force

§ 1326. Licensing of vendor enterprises. 1. Any business to be\nconducted with a gaming facility applicant or licensee by a vendor\noffering goods or services which directly relate to gaming activity,\nincluding gaming equipment manufacturers, suppliers, repairers, and\nindependent testing laboratories, shall be licensed as a casino vendor\nenterprise in accordance with the provisions of this article prior to\nconducting any business whatsoever with a gaming facility applicant or\nlicensee, its employees or agents; provided, however, that upon a\nshowing of good cause by a gaming facility applicant or licensee, the\nexecutive director may permit an applicant for a casino vendor\nenterprise license to conduct business transactions with such gaming\nfacility applicant or licensee prior to the licensure of that casino\nvendor enterprise applicant under this subdivision for such periods as\nthe commission may establish by regulation.\n  2. In addition to the requirements of subdivision one of this section,\nany casino vendor enterprise intending to manufacture, sell, distribute,\ntest or repair slot machines within the state shall be licensed in\naccordance with the provisions of this article prior to engaging in any\nsuch activities; provided, however, that upon a showing of good cause by\na gaming facility applicant or licensee, the executive director may\npermit an applicant for a casino vendor enterprise license to conduct\nbusiness transactions with the gaming facility applicant or licensee\nprior to the licensure of that casino vendor enterprise applicant under\nthis subdivision for such periods as the commission may establish by\nregulation; and provided further, however, that upon a showing of good\ncause by an applicant required to be licensed as a casino vendor\nenterprise pursuant to this subdivision, the executive director may\npermit the casino vendor enterprise applicant to initiate the\nmanufacture of slot machines or engage in the sale, distribution,\ntesting or repair of slot machines with any person other than a gaming\nfacility applicant or licensee, its employees or agents, prior to the\nlicensure of that casino vendor enterprise applicant under this\nsubdivision.\n  3. Vendors providing goods and services to gaming facility licensees\nor applicants ancillary to gaming shall be required to be licensed as an\nancillary casino vendor enterprise and shall comply with the standards\nfor casino vendor license applicants.\n  4. Each casino vendor enterprise required to be licensed pursuant to\nsubdivision one of this section, as well as its owners; management and\nsupervisory personnel; and employees if such employees have\nresponsibility for services to a gaming facility applicant or licensee,\nmust qualify under the standards, except residency, established for\nqualification of a casino key employee under this article.\n  5. Any vendor that offers goods or services to a gaming facility\napplicant or licensee that is not included in subdivision one or two of\nthis section including, but not limited to site contractors and\nsubcontractors, shopkeepers located within the facility, gaming schools\nthat possess slot machines for the purpose of instruction, and any\nnon-supervisory employee of a junket enterprise licensed under\nsubdivision three of this section, shall be required to register with\nthe commission in accordance with the regulations promulgated under this\narticle.\n  Notwithstanding the provisions aforementioned, the executive director\nmay, consistent with the public interest and the policies of this\narticle, direct that individual vendors registered pursuant to this\nsubdivision be required to apply for either a casino vendor enterprise\nlicense pursuant to subdivision one of this section, or an ancillary\nvendor industry enterprise license pursuant to subdivision three of this\nsection, as directed by the commission. The executive director may also\norder that any enterprise licensed as or required to be licensed as an\nancillary casino vendor enterprise pursuant to subdivision three of this\nsection be required to apply for a casino vendor enterprise license\npursuant to subdivision one of this section. The executive director may\nalso, in his or her discretion, order that an independent software\ncontractor not otherwise required to be registered be either registered\nas a vendor pursuant to this subdivision or be licensed pursuant to\neither subdivision one or three of this section.\n  Each ancillary casino vendor enterprise required to be licensed\npursuant to subdivision three of this section, as well as its owners,\nmanagement and supervisory personnel, and employees if such employees\nhave responsibility for services to a gaming facility applicant or\nlicensee, shall establish their good character, honesty and integrity by\nclear and convincing evidence and shall provide such financial\ninformation as may be required by the commission. Any enterprise\nrequired to be licensed as an ancillary casino vendor enterprise\npursuant to this section shall be permitted to transact business with a\ngaming facility licensee upon filing of the appropriate vendor\nregistration form and application for such licensure.\n  6. Any applicant, licensee or qualifier of a casino vendor enterprise\nlicense or of an ancillary casino vendor enterprise license under\nsubdivision one of this section, and any vendor registrant under\nsubdivision five of this section shall be disqualified in accordance\nwith the criteria contained in section one thousand three hundred\neighteen of this article, except that no such ancillary casino vendor\nenterprise license under subdivision three of this section or vendor\nregistration under subdivision five of this section shall be denied or\nrevoked if such vendor registrant can affirmatively demonstrate\nrehabilitation pursuant to article twenty-three-A of the correction law.\n  7. No casino vendor enterprise license or ancillary casino vendor\nenterprise license shall be issued pursuant to subdivision one of this\nsection to any person unless that person shall provide proof of valid\nbusiness registration with the department of state.\n  8. For the purposes of this section, each applicant shall submit to\nthe commission the name, address, fingerprints and a written consent for\na criminal history information to be performed, for each person required\nto qualify as part of the application. The commission is hereby\nauthorized to exchange fingerprint data with and receive criminal\nhistory record information from the state division of criminal justice\nservices and the federal bureau of investigation consistent with\napplicable state and federal laws, rules and regulations. The applicant\nshall pay the fee for such criminal history information as established\npursuant to article thirty-five of the executive law. The state division\nof criminal justice services shall promptly notify the commission in the\nevent a current or prospective qualifier, who was the subject of a\ncriminal history record check pursuant to this section, is arrested for\na crime or offense in this state after the date the check was performed.\n  9. Subsequent to the licensure of any entity pursuant to subdivision\none of this section, including any finding of qualification as may be\nrequired as a condition of licensure, or the registration of any vendor\npursuant to subdivision three of this section, the executive director\nmay revoke, suspend, limit, or otherwise restrict the license,\nregistration or qualification status upon a finding that the licensee,\nregistrant or qualifier is disqualified on the basis of the criteria set\nforth in section one thousand three hundred eighteen of this article.\n  10. After notice and hearing prior to the suspension of any license,\nregistration or qualification issued pursuant to subdivision seven of\nthis section the commission shall have the obligation to prove by\nsubstantial evidence that the licensee, registrant or qualifier is\ndisqualified on the basis of the criteria set forth in section one\nthousand three hundred eighteen of this article.\n
N.Y. VAT Law § 406 — New York Code / Act VAT / Title 4 / Article 14-B / Section 406
Bus taxation proration agreement
Status: in_force

§ 406. Bus taxation proration agreement. The bus taxation proration\nagreement is hereby enacted into law and entered into with all\njurisdictions legally joining therein in the form substantially as\nfollows:\n                   ARTICLE I. Purposes and Principles.\n  Section 1. Purposes of Agreement. It is the purpose of this agreement\nto set up a system whereby any contracting state may permit owners of\nfleets of busses operating in two or more states to prorate the\nregistration of the busses in such fleets in each state in which the\nfleets operate on the basis of the proportion of miles operated within\nsuch state to total fleet miles, as defined herein.\n  Section 2. Principle of Proration of Registration. It is hereby\ndeclared that in making this agreement the contracting states adhere to\nthe principle that each state should have the freedom to develop the\nkind of highway user tax structure that it determines to be most\nappropriate to itself, that the method of taxation of interstate busses\nshould not be a determining factor in developing its user tax structure,\nand that annual taxes or other taxes of the fixed fee type upon busses\nwhich are not imposed on a basis that reflects the amount of highway use\nshould be apportioned among the states, within the limits of\npracticality, on the basis of vehicle miles traveled within each of the\nstates.\n                        ARTICLE II. Definitions.\n  (a) State. State shall include the states of the United States, the\nDistrict of Columbia, the territories of the United States, the\nProvinces of Canada, and the States, Territories and Federal District of\nMexico.\n  (b) Contracting State. Contracting state shall mean a state which is a\nparty to this agreement.\n  (c) Administrator. Administrator shall mean the official or agency of\na state administering the fee involved, or, in the case of proration of\nregistration, the official or agency of a state administering the\nproration of registration in that state.\n  (d) Person. Person shall include any individual, firm, copartnership,\njoint venture, association, corporation, estate, trust, business trust,\nreceiver, syndicate, or any other group or combination acting as a unit.\n  (e) Base State. Base state shall mean the state from or in which the\nbus is most frequently dispatched, garaged, serviced, maintained,\noperated, or otherwise controlled, or also in the case of a fleet bus\nthe state to which it is allocated for registration under statutory\nrequirements.  In order that this section may not be used for the\npurpose of evasion of registration fees, the administrators of the\ncontracting states may make the final decision as to the proper base\nstate, in accordance with Article III (h) hereof, to prevent or avoid\nsuch evasion.\n  (f) Bus. Bus shall mean any motor vehicle of a bus type engaged in the\ninterstate transportation of passengers and subject to the jurisdiction\nof the Interstate Commerce Commission, or any agency successor thereto,\nor one or more state regulatory agencies concerned with the regulation\nof passenger transport.\n  (g) Fleet. As to each contracting state, fleet shall include only\nthose busses which actually travel a portion of their total miles in\nsuch state. A fleet must include three (3) or more busses.\n  (h) Registration. Registration shall mean the registration of a bus\nand the payment of annual fees and taxes as set forth in or pursuant to\nthe laws of the respective contracting states.\n  (i) Proration of registration. Proration of registration shall mean\nregistration of fleets of busses in accordance with Article IV of this\nagreement.\n  (j) Reciprocity. Reciprocity shall mean that each contracting state,\nto the extent provided in this agreement, exempts a bus from\nregistration and registration fees.\n                    ARTICLE III. General Provisions.\n  (a) Effect on Other Agreements, Arrangements, and Understandings.  On\nand after its effective date, this agreement shall supersede any\nreciprocal or other agreement, arrangement, or understanding between any\ntwo or more of the contracting states covering, in whole or in part, any\nof the matters covered by this agreement; but this agreement shall not\naffect any reciprocal or other agreement, arrangement, or understanding\nbetween a contracting state and a state or states not a party to this\nagreement.\n  (b) Applicability to Exempt Vehicles. This agreement shall not require\nregistration in a contracting state of any vehicles which are in whole\nor part exempt from registration under the laws or regulations of such\nstate without respect to this agreement.\n  (c) Inapplicability to Caravaned Vehicle. The benefits and privileges\nof this agreement shall not be extended to a vehicle operated on its own\nwheels, or in tow of a motor vehicle, transported for the purpose of\nselling or offering the same for sale to or by any agent, dealer,\npurchaser, or prospective purchaser.\n  (d) Other Fees and Taxes. This agreement does not waive any fees or\ntaxes charged or levied by any state in connection with the ownership or\noperation of vehicles other than registration fees as defined herein.\nAll other fees and taxes shall be paid to each state in accordance with\nthe laws thereof.\n  (e) Statutory Vehicle Regulations.  This agreement shall not authorize\nthe operation of a vehicle in any contracting state contrary to the laws\nor regulations thereof, except those pertaining to registration and\npayment of fees; and with respect to such laws or regulations, only to\nthe extent provided in this agreement.\n  (f) Violations. Each contracting state reserves the right to withdraw,\nby order of the administrator thereof, all or any part of the benefits\nor privileges granted pursuant to this agreement from the owner of any\nvehicle or fleet of vehicles operated in violation of any provision of\nthis agreement. The administrator shall immediately give notice of any\nsuch violation and withdrawal of any such benefits or privileges to the\nadministrator of each other contracting state in which vehicles of such\nowner are operated.\n  (g) Cooperation. The administrator of each of the contracting states\nshall cooperate with the administrators of the others and each\ncontracting state hereby agrees to furnish such aid and assistance to\neach other within its statutory authority as will aid in the proper\nenforcement of this agreement.\n  (h) Interpretation. In any dispute between or among contracting states\narising under this agreement, the final decision regarding\ninterpretation of questions at issue relating to this agreement shall be\nreached by joint action of the contracting states, acting through the\nadministrator thereof, and shall upon determination be placed in\nwriting.\n  (i) Effect of Headings. Article and section headings contained herein\nshall not be deemed to govern, limit, modify, or in any manner affect\nthe scope, meaning, or intent of the provisions of any article or part\nhereof.\n  (j) Entry into Force. This agreement shall enter into force and become\nbinding between and among the contracting states when enacted or\notherwise entered into by any two states. Thereafter, it shall enter\ninto force and become binding with respect to any state when enacted\ninto law by such state.  If the statutes of any state so authorize or\nprovide, such state may become party to this agreement upon the\nexecution thereof by an executive or administrative official thereof\nacting on behalf of and for such state.\n                 ARTICLE IV. Proration of Registration.\n  (a) Applicability. Any owner of a fleet may register the busses of\nsaid fleet in any contracting state by paying to said state total\nregistration fees in an amount equal to that obtained by applying the\nproportion of in-state fleet miles divided by the total fleet miles, to\nthe total fees which would otherwise be required for regular\nregistration of each and all of such vehicles in such contracting state.\n  All fleet pro-rata registration fees shall be based upon the mileage\nproportions of the fleet during the period of twelve months ending on\nAugust thirty-first next preceding the commencement of the registration\nyear for which registration is sought, except, that mileage proportions\nfor a fleet not operated during such period in the state where\napplication for registration is made will be determined by the\nadministrator upon the sworn application of the applicant showing the\noperations during such period in other states and the estimated\noperations during the registration year for which registration is\nsought, in the state in which application is being made; or if no\noperations were conducted during such period a full statement of the\nproposed method of operation.\n  If any busses operate in two or more states which permit the proration\nof registration on the basis of a fleet of busses consisting of a lesser\nnumber of vehicles than provided in Article II (g), such fleet may be\nprorated as to registration in such states, in which event the busses in\nsuch fleet shall not be required to register in any other contracting\nstates if each such vehicle is registered in some contracting state\nexcept to the extent it is exempt from registration as provided in\nArticle III (b).\n  If the administrator of any state determines, based on his method of\nthe operation thereof, that the inclusion of a bus or busses as a part\nof a fleet would adversely affect the proper fleet fee which should be\npaid to his state, having due regard for fairness and equity, he may\nrefuse to permit any or all of such busses to be included in his state\nas a part of such fleet.\n  (b) Total Fleet Miles. Total fleet miles, with respect to each\ncontracting state, shall mean the total miles operated by the fleet (1)\nin such state, (2) in all other contracting states, (3) in other states\nhaving proportional registration provisions, (4) in states with which\nsuch contracting state has reciprocity, and (5) in such other states as\nthe administrator determines should be included under the circumstances\nin order to protect or promote the interest of his state; except that in\nstates having laws requiring proration on the basis of a different\ndetermination of total fleet miles, total fleet miles shall be\ndetermined on such basis.\n  (c) Leased Vehicles. If a bus is operated by a person other than the\nowner as a part of a fleet which is subject to the provisions of this\narticle, then the operator of such fleet shall be deemed to be the owner\nof said bus for the purposes of this article.\n  (d) Extent of Privileges. Upon the registration of a fleet in a\ncontracting state pursuant to this article, each bus in the fleet may be\noperated in both interstate and intrastate operations in such state\nexcept as provided in Article III (e).\n  (e) Application for Proration. The application for proration of\nregistration shall be made in each contracting state upon substantially\nthe application forms and supplements authorized by joint action of the\nadministrators of the contracting states.\n  (f) Issuance of Identification. Upon registration of a fleet, the\nstate which is the base state of a particular bus of the fleet, shall\nissue the required license plates and registration card for such bus and\neach contracting state in which the fleet of which such bus is a part,\noperates, shall issue a special identification identifying such bus as a\npart of a fleet which has fully complied with the registration\nrequirements of such state. The required license plates, registration\ncards and identification shall be appropriately displayed in the manner\nrequired by or pursuant to the laws of each respective state.\n  (g) Additions to Fleet. If any bus is added to a prorated fleet after\nthe filing of the original application, the owner shall file a\nsupplemental application.  The owner shall register such bus in each\ncontracting state in like manner as provided for busses listed in an\noriginal application and the registration fee payable shall be\ndetermined on the mileage proportion used to determine the registration\nfees payable for busses registered under the original application.\n  (h) Withdrawals from Fleet. If any bus is withdrawn from a prorated\nfleet during the period for which it is registered or identified, the\nowner shall notify the administrator of each state in which it is\nregistered or identified, of such withdrawal and shall return the\nplates, and registration card or identification as may be required by or\npursuant to the laws of the respective states.\n  (i) Audits. The administrator of each contracting state shall, within\nthe statutory authority of such administrator, make any information\nobtained upon an audit of records of any applicant for proration of\nregistration available to the administrators of the other contracting\nstates.\n  (j) Errors in Registration. If it is determined by the administrator\nof a contracting state, as a result of such audits or otherwise, that an\nimproper fee has been paid his state, or errors in registration found,\nthe administrator may require the fleet owner to make the necessary\ncorrections in the registration of his fleet and payment of fees.\n                         ARTICLE V. Reciprocity.\n  (a) Grant of Reciprocity. Each of the contracting states grants\nreciprocity as provided in this article.\n  (b) Applicability. The provisions of this agreement with respect to\nreciprocity shall apply only to a bus properly registered in the base\nstate of the bus, which state must be a contracting state.\n  (c) Non-applicability to Fleet Busses.  The reciprocity granted\npursuant to this article shall not apply to a bus which is entitled to\nbe registered or identified as part of a prorated fleet.\n  (d) Extent of Reciprocity. The reciprocity granted pursuant to this\narticle shall permit the interstate operation of a bus and intrastate\noperation which is incidental to a trip of such bus involving interstate\noperation.\n  (e) Other Agreements. Nothing in this agreement shall be construed to\nprohibit any of the contracting states from entering into separate\nagreements with each other for the granting of temporary permits for the\nintrastate operation of vehicles registered in the other state; nor to\nprevent any of the contracting states from entering into agreements to\ngrant reciprocity for intrastate operation within any zone or zones\nagreed upon by the states.\n                  ARTICLE VI. Withdrawal or Revocation.\n  Any contracting state may withdraw from this agreement upon thirty\ndays written notice to each other contracting state, which notice shall\nbe given only after the repeal of this agreement by the legislature of\nsuch state, if adoption was by legislative act, or after renunciation by\nthe appropriate administrative official of such contracting state if the\nlaws thereof empower him so to renounce.\n               ARTICLE VII. Construction and Severability.\n  This compact shall be liberally construed so as to effectuate the\npurposes thereof. The provisions of this compact shall be severable and\nif any phrase, clause, sentence or provision of this compact is declared\nto be contrary to the constitution of any state or of the United States\nor the applicability thereof to any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this\ncompact and the applicability thereof to any government, agency, person\nor circumstance shall not be affected thereby. If this compact shall be\nheld contrary to the constitution of any state participating herein, the\ncompact shall remain in full force and effect as to the remaining party\nstates and in full force and effect as to the state affected as to all\nseverable matters.\n
N.Y. EDN Law § 3009 — New York Code / Act EDN / Title 4 / Article 61 / Section 3009
Unqualified teachers shall not be paid from school moneys
Status: in_force

§ 3009.  Unqualified teachers shall not be paid from school moneys.\n1.  No part of the school moneys apportioned to a district shall be\napplied to the payment of the salary of an unqualified teacher, nor\nshall his salary, or any part thereof, be collected by a district tax\nexcept as provided in this chapter.\n  2. a. Notwithstanding any other provision of law to the contrary, the\nschool authorities of any school district shall have the power, in their\ndiscretion, to employ persons as teacher aides who shall assist the\nregular teacher or teachers of the district in the performance of their\nteaching functions by performing those nonteaching duties otherwise\nperformed by such regular teacher or teachers.\n  b. Notwithstanding any other provision of law to the contrary, the\nschool authorities of any school district shall have the power, in their\ndiscretion, to employ persons as teaching assistants.  Such persons, if\nso employed, shall be authorized to act only under the general\nsupervision of a licensed or certified teacher.\n
N.Y. VAT Law § 410-A — New York Code / Act VAT / Title 4 / Article 15 / Section 410-A
Motorcycle safety program
Status: in_force

§ 410-a. Motorcycle safety program. 1. The commissioner shall\nestablish and administer a motorcycle safety program which shall consist\nof approved motorcycle rider training courses, motorcycle course\ninstructor training, program promotion, and public awareness. Approved\nrider training courses shall meet nationally recognized standards for\nmotorcycle rider training courses, or standards for motorcycle rider\nsafety programs which are approved by the department and are comparable\nto the standards of the motorcycle safety foundation's motorcycle rider\nsafety program. Approved courses shall include at least eight hours of\ninstruction in the actual operation of a motorcycle. Monies from the\nmotorcycle safety fund established pursuant to section ninety-two-g of\nthe state finance law shall be used for the establishment and\nimplementation of this program.\n  2. The commissioner shall issue a request for proposals for the\ncoordination of a motorcycle safety program which shall set requirements\nfor the preparation of bids. The commissioner shall enter into a\ncontract, for a period of five years, with a motorcycle rider training\ncoordinating organization selected pursuant to such process. The\ncontract shall be awarded following the consideration of factors which\nshall include, but not be limited to, the most favorable financial\nadvantage for the state, the greatest utility to the motorcyclist, the\ncomprehensiveness and effectiveness of such organization and its\ncompatibility with the existing rider education programs. The motorcycle\nrider training coordination organization shall be subject to periodic\nreporting requirements established by the department outlining the\nadministration and effectiveness of its program and an itemization of\nall motorcycle safety fund allocations. Such motorcycle rider training\ncoordinating organization shall have at least three years experience in\nthe administration of a statewide motorcycle rider education program,\nand have as its administrator an individual who has no financial or\nproprietary interest in a motorcycle training school or facility.\n  3. The motorcycle rider training coordinating organization shall\nsubmit to the commissioner for approval requests for advances pursuant\nto a contract and reimbursements from the motorcycle safety fund for\nequipment, operating and administrative costs and other expenses\nnecessary to carry out the provisions of this section. The commissioner\nshall approve all such requests for expenditures that are in accordance\nwith the provisions of this section.\n  4. The commissioner shall annually file a report on expenditures from\nthe motorcycle safety fund, established pursuant to section ninety-two-g\nof the state finance law, with the legislature. Such report shall\ninclude the name of the funded motorcycle rider training coordinating\norganization and the amount of funds distributed to it and shall provide\nan evaluation of the overall effectiveness of the funded programs and\nany recommendations for programmatic changes.\n
N.Y. PBA Law § 3554 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3554
General powers of the corporation
Status: in_force

§ 3554. General powers of the corporation. Except as limited by this\ntitle, the public health law, the mental hygiene law, the social\nservices law, the education law, the civil practice law and rules or any\nother applicable law or regulation, the corporation shall have power:\n  1. to sue and be sued and to participate in actions and proceedings,\nwhether judicial, administrative, arbitrative or otherwise and, except\nas is otherwise provided in subdivision four of section thirty-five\nhundred sixty-one of this title, the court of claims shall have\nexclusive jurisdiction in all actions against the corporation for money\ndamages;\n  2. to have a corporate seal, and to alter such seal at pleasure, and\nto use it by causing it or a facsimile to be affixed or impressed or\nreproduced in any other manner;\n  3. to purchase, receive, take by grant, gift, devise, bequest or\notherwise, lease, or otherwise acquire, own, hold, improve, employ, use\nand otherwise deal in and with, real or personal property, or any\ninterest therein, wherever situated;\n  4. to purchase, take, receive, subscribe for, or otherwise acquire,\nown, hold, vote, employ, sell, lend, lease, exchange, transfer, or\notherwise dispose of, mortgage, pledge, use and otherwise deal in and\nwith, bonds and other obligations, shares, or other securities or\ninterests issued by others, whether engaged in similar or different\nbusiness, governmental, or other activities;\n  5. to accept subventions from other persons or any unit of government;\n  6. to sell, convey, lease, exchange, transfer or otherwise dispose of,\nor mortgage or pledge, or create a security interest in, all or any of\nits property, or any interest therein, wherever situated, upon such\nterms and conditions and in such manner as the corporation shall\ndetermine;\n  7. to make capital contributions to other not-for-profit corporations;\n  8. (a) to offer participation in the New York state and local\nemployees' retirement system for all its officers and employees, and to\nestablish and carry out other retirement plans authorized pursuant to\nthe retirement and social security law, which may be offered to all of\nits officers and employees not participating in the New York state and\nlocal employees' retirement systems, and to establish and carry out\nother incentive and benefit plans, trusts and provisions for any or all\nof its officers and employees, subject to the applicable provisions of\narticle fourteen of the civil service law; (b) provided, further, that\nemployees of the corporation established pursuant to section thirty-five\nhundred fifty-three of this article who are division and department\nchairpersons holding scientific degrees, scientific faculty members such\nas assistant members, associate members, members, distinguished members,\nor who have graduate faculty status at the level of assistant professor\nor above at the Roswell Park graduate division of the state university\nof New York at Buffalo and as certified by the dean of the division,\nfacility directors, and those employees who are in titles such as\npresident and chief executive officer, senior vice president, vice\npresident, assistant vice president, general counsel, and executive\ndirector, and who are eligible to participate in the New York state and\nlocal employees' retirement system may elect, within ninety days of the\neffective date of this paragraph or within ninety days of becoming\neligible to participate in such system, in lieu of participating in such\nsystem, to participate in the optional retirement program available to\nemployees of the state university of New York pursuant to article\neight-B of the education law, subject to the terms and conditions of\nthat article and to the provisions of the retirement and social security\nlaw;\n  9. to be a promoter, partner, member, associate or manager of other\nnot-for-profit activities or business enterprises or ventures, or to the\nextent permitted in any other jurisdiction to be an incorporator of\nother corporations of any type or kind;\n  10. except as limited by state law or regulation, to fix, compromise\nand collect rates, rentals, fees, lease payments and other charges for\nthe services rendered by it or for use of the facilities owned,\ncontrolled or administered by, or in the exercise of the powers of, the\ncorporation;\n  11. to make contracts, give guarantees and incur liabilities, borrow\nmoney at such rates of interest as the corporation may determine, issue\nnotes, bonds and other obligations, and secure any of its obligations by\nmortgage or pledge of all or any of its property or any interest\ntherein, wherever situated;\n  12. to issue bonds for any of its corporate purposes or its projects,\nor to refund the same, and to provide for the rights of the holders\nthereof;\n  13. to lend money, invest and reinvest its funds, and take and hold\nreal and personal property as security for the payment of funds so\nloaned or invested;\n  14. to conduct the activities of the corporation and have offices and\nexercise the powers granted by this title in any jurisdiction within or\nwithout the United States;\n  15. to appoint such officers, employees and agents as the corporation\nmay require for the performance of its duties and, subject to applicable\nprovisions of agreements negotiated pursuant to article fourteen of the\ncivil service law, to fix and determine their qualifications, duties,\nand compensation;\n  16. to retain or employ counsel, auditors, and engineers, subject to\napplicable provisions of agreements negotiated pursuant to article\nfourteen of the civil service law where appropriate and, private\nconsultants on a contract basis or otherwise for rendering professional,\nmanagement or technical services and advice;\n  17. to make, adopt, amend, enforce and repeal rules for its governance\nand internal management and personnel practices, subject to article\nfourteen of the civil service law, where applicable;\n  18. to make and alter by-laws for its organization and management,\nand, subject to agreements with its bondholders, to make and alter rules\nand regulations governing the exercise of its powers and the fulfillment\nof its purposes under this title;\n  19. to designate the depositories of its money;\n  20. to establish its fiscal year;\n  21. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and against such other risks as the\ncorporation may deem advisable; and\n  22. to do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. PBA Law § 3249 — New York Code / Act PBA / Article 10-B / Title 4 / Section 3249
Preference for actions or proceeding against the corporation
Status: in_force

§ 3249. Preference for actions or proceeding against the corporation.\nAny action or proceeding to which the corporation or the people of the\nstate may be parties, in which any question arises as to the validity of\nthis title, shall be preferred over all other civil causes of action or\ncases, except election causes of action or cases, in all courts of the\nstate and shall be heard and determined in preference to all other civil\nbusiness pending therein, except election causes, irrespective of\nposition on the calendar. The same preference shall be granted upon\napplication of the corporation or its counsel in any action or\nproceeding questioning the validity of this title in which the\ncorporation may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county of Albany.\n
N.Y. RPT Law § 499-DD — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-DD
Application for certificate of abatement
Status: in_force

§ 499-dd. Application for certificate of abatement. 1. Application for\na certificate of abatement may be made on or after April first, nineteen\nhundred ninety-five and until sixty days after the end of the\neligibility period, provided, however, that application for a\ncertificate of abatement for eligible premises located within the\nabatement zone defined in paragraph (b) of subdivision two of section\nfour hundred ninety-nine-aa of this title may be made on or after July\nfirst, two thousand and until one hundred eighty days after the end of\nthe eligibility period, and provided, further, however, that application\nfor a certificate of abatement for eligible premises located within the\nabatement zone defined in paragraph (c) of subdivision two of section\nfour hundred ninety-nine-aa of this title may be made on or after July\nfirst, two thousand five and until one hundred eighty days after the end\nof the eligibility period. Applications shall be filed with the\ndepartment of finance. No application may be filed prior to the date on\nwhich the lease for the eligible premises is executed by the landlord\nand tenant.\n  2. No abatement pursuant to this title shall be granted unless the\napplicant files an application for a certificate of abatement within\nsixty days following the lease commencement date or within sixty days\nfollowing the date chapter four of the laws of nineteen hundred\nninety-five became a law, whichever is later. Notwithstanding the\nforegoing sentence and any other provision of law to the contrary, with\nrespect to leases commencing on or after April first, nineteen hundred\nninety-five and before July first, nineteen hundred ninety-six, an\napplication for a certificate of abatement shall be considered timely\nfiled if filed within one hundred eighty days following the lease\ncommencement date or within one hundred eighty days following the date\nchapter four of the laws of nineteen hundred ninety-five became a law,\nwhichever is later.\n  3. In addition to any other information required by the department of\nfinance, the application for a certificate of abatement shall include an\nabstract of the lease for the eligible premises for which an abatement\nis being sought which abstract is signed by the landlord and the tenant.\nSuch abstract shall include the tenant's percentage share, the lease\ncommencement date, the rent commencement date, the expiration date for\nsuch lease and a description of the improvements to be made to the\neligible premises and the common areas of the eligible building,\nincluding the estimated value of such improvements. Such application\nshall also include (i) a statement that the amount of the expenditures\non such improvements will equal or exceed the amount required by section\nfour hundred ninety-nine-cc of this title, (ii) a statement of the\nnumber of persons who will, on the rent commencement date, be employed\nin the eligible premises, (iii) a statement of the location of all\noffice or retail space in the city of New York occupied by the tenant\nprior to the execution of the lease for the eligible premises, (iv) the\ncommencement and expiration dates of all leases for eligible premises,\n(v) the aggregate floor area of the eligible building and, in addition\nto the foregoing, for eligible premises as defined in subparagraph (ii)\nof paragraph (b) or paragraph (c) of subdivision ten of section four\nhundred ninety-nine-aa of this title, (vi) the amount and percentage of\nsuch eligible premises to be used for industrial and manufacturing\nactivities and (vii) the amount and percentage of such eligible premises\nto be used for ancillary purposes. Such application shall also state\nthat the applicant agrees to comply with and be subject to the rules\nissued from time to time by the department of finance.\n  4. Within one hundred eighty days following the lease commencement\ndate, the applicant shall provide, in addition to any other information\nrequired by the department of finance, evidence acceptable to the\ndepartment of finance that the number of employees in the eligible\npremises or in the case of an expansion tenant, in the expansion\npremises, and the expenditures on improvements to the eligible premises\nand the common areas of the eligible building or, in the case of an\nexpansion tenant, to the expansion premises and the common areas of the\neligible building meet the requirements of section four hundred\nninety-nine-cc of this title; provided that for a renewal tenant,\nevidence acceptable to the department of finance that expenditures on\nimprovements to the eligible premises and the common areas of the\neligible building meet the requirements of section four hundred\nninety-nine-cc of this title shall be submitted within fourteen months\nof the lease commencement date. The department of finance shall issue a\ncertificate of abatement upon determining that the applicant has\nsubmitted proof acceptable to the department of finance that the\napplicant has met the requirements set forth in this title; provided\nthat, with respect to a renewal tenant, the department of finance shall\nissue a certificate of abatement upon determining that the applicant\nhas, not later than one hundred eighty days following the lease\ncommencement date, submitted to the department of finance (i) proof\nacceptable to the department of finance that the requirements of section\nfour hundred ninety-nine-cc of this title concerning the requisite\nnumber of employees has been met, (ii) a certification that the\napplicant intends to meet the requirements of such section four hundred\nninety-nine-cc concerning expenditures on improvements within the time\nspecified in such section and (iii) such additional information as the\ndepartment of finance shall require.\n  5. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting a certificate of\nabatement have been satisfied. The department of finance shall have the\nauthority to require that statements in connection with such application\nbe made under oath.\n  6. The department of finance may provide by rule for reasonable\nadministrative charges or fees necessary to defray expenses in\nadministering the abatement program provided by this title.\n  7. Except as otherwise provided in this subdivision, leases commencing\non or after July first, nineteen hundred ninety-six and before April\nfirst, nineteen hundred ninety-seven shall be subject to the provisions\nof this title as amended by chapter four hundred seventy-two of the laws\nof nineteen hundred ninety-six. Notwithstanding any other provision of\nlaw to the contrary, with respect to leases commencing on or after July\nfirst, nineteen hundred ninety-six, an application for a certificate of\nabatement shall be considered timely filed if filed within one hundred\neighty days following the lease commencement date or within sixty days\nfollowing the date chapter four hundred seventy-two of the laws of\nnineteen hundred ninety-six became a law, whichever is later. Except as\notherwise provided in subdivision two of this section, leases commencing\nbefore July first, nineteen hundred ninety-six shall be subject to the\nprovisions of this title as in effect prior to its amendment by chapter\nfour hundred seventy-two of the laws of nineteen hundred ninety-six.\n  8. Except as provided in subdivisions nine and ten of this section,\nleases commencing on or after April first, nineteen hundred ninety-seven\nshall be subject to the provisions of this title as amended by chapter\nfour hundred forty of the laws of two thousand three. Notwithstanding\nany other provision of law to the contrary, with respect to leases\ncommencing on or after April first, nineteen hundred ninety-seven, an\napplication for a certificate of abatement shall be considered timely\nfiled if filed within one hundred eighty days following the lease\ncommencement date or within sixty days following the date chapter six\nhundred twenty-nine of the laws of nineteen hundred ninety-seven became\na law, whichever is later.\n  9. Leases commencing on or after July first, two thousand for eligible\npremises located within the abatement zone defined in paragraph (b) of\nsubdivision two of section four hundred ninety-nine-aa of this title\nshall be subject to the provisions of this title as amended by chapter\ntwo hundred sixty-one of the laws of two thousand and chapter four\nhundred forty of the laws of two thousand three.\n  10. Leases commencing on or after July first, two thousand five for\neligible premises located within the abatement zone defined in paragraph\n(c) of subdivision two of section four hundred ninety-nine-aa of this\ntitle shall be subject to the provisions of this title as amended by\nchapter four hundred forty of the laws of two thousand three and the\nchapter of the laws of two thousand five that added this subdivision.\n
N.Y. VAT Law § 422 — New York Code / Act VAT / Title 4 / Article 17 / Section 422
Special vehicle identification numbers
Status: in_force

§ 422. Special vehicle identification numbers. The commissioner may,\nby regulation, provide for the issuance of a special vehicle\nidentification number. Such regulations shall be applicable whenever a\nspecial vehicle identification number is required by any provision of\nlaw. With respect to a vehicle part for which an inspection is required\npursuant to subdivision two of section four hundred twenty-three-a of\nthis chapter, a special identification number may consist of a\ndistinguishing mark. Such special vehicle identification number shall be\naffixed only by or under the direction of a member of the department of\nmotor vehicles who has the powers of a peace officer pursuant to section\nthree hundred ninety-two-b of this chapter. A fee of twenty-five dollars\nshall be paid to the commissioner before such number shall be issued,\nexcept that no fee shall be required of a governmental agency.\n
N.Y. PBH Law § 2143 — New York Code / Act PBH / Article 21 / Title 4 / Section 2143
Rabies; seizure and disposal; reports
Status: in_force

§ 2143. Rabies; seizure and disposal; reports. Whenever the\ncommissioner certifies a county to have a rabies alert pursuant to\nsection twenty-one hundred forty-two of this title, any duly appointed\ndog control officer, animal control officer, peace officer, police\nofficer, or health officer for that area may seize and confine any dog,\ncat or domesticated ferret found at large and may destroy a dog, cat or\ndomesticated ferret found at large that is exhibiting symptoms of rabies\nand cannot be seized without placing any person at serious risk of\nphysical injury. Any duly appointed person who seizes, confines, or\ndestroys a dog, cat or domesticated ferret pursuant to this section\nshall immediately report in writing the facts relating thereto to the\ncounty or local health authority.\n
N.Y. PBA Law § 1680-C — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-C
Creation of the court facilities capital review board
Status: in_force

§ 1680-c. Creation of the court facilities capital review board. 1.\nThere is hereby created a court facilities capital review board. The\nvoting membership of the board shall consist of four persons appointed\nby the governor, of which one shall be upon the recommendation of the\ntemporary president of the senate, one upon the recommendation of the\nspeaker of the assembly, and one upon the recommendation of the chief\njudge of the court of appeals. The members of the board shall vote among\nthemselves to determine who shall serve as chairman. Any determination\nof the board shall be evidenced by a certificate thereof executed by all\nthe members entitled to vote on the matter so certified. Each member of\nthe board shall be entitled to designate a representative to attend\nmeetings of the board in his place and to vote or otherwise act on his\nbehalf in his absence. Notice of such designation shall be furnished in\nwriting to the board by the designating member. A representative shall\nserve at the pleasure of the designating member during the member's term\nof office. A representative shall not be authorized to delegate any of\nhis duties or functions to any other person.\n  2. The governor shall also appoint two nonvoting members to the court\nfacilities capital review board of which one shall be upon the\nrecommendation of the minority leader of the senate and one upon the\nrecommendation of the minority leader of the assembly. Each nonvoting\nmember shall be entitled to designate a representative to attend\nmeetings of the board in his place.\n  3. The chief executive officer of each participating municipality\nshall submit the capital plan pursuant to section two hundred nineteen\nof the judiciary law to the chief administrator of the courts. On or\nbefore January first, April first, July first, and October first of each\nyear commencing with the year nineteen hundred eighty-eight, the chief\nadministrator of the courts shall submit to the court facilities capital\nreview board the capital plan of each political subdivision that has\nsubmitted such a plan pursuant to section two hundred nineteen of the\njudiciary law, together with the appropriate facility design and\nperformance plan, if any, prepared by the dormitory authority pursuant\nto paragraph (c) of subdivision thirteen of section sixteen hundred\nseventy-eight of this chapter.\n  The court facilities capital review board shall act on each capital\nplan within sixty days of the submission of such plan to the board. As\npart of its consideration of each capital plan, the board shall review\nand approve overall plans and cost estimates for the design,\nacquisition, construction, reconstruction, rehabilitation, improvement,\nfurnishing or equipping of facilities of the courts and court-related\nagencies of the unified court system. Before approving any such plans or\ncost estimates, the court facilities capital review board must be\nsatisfied that the facilities to which they relate are suitable and\nsufficient for the transaction of the business of the unified court\nsystem. Approval of each political subdivision's capital plan shall be\nby unanimous vote of the voting membership of the board. In the event\nthat the chief administrator of the courts and the chief executive\nofficer of the political subdivision submitting a capital plan agree on\nthe plan, the capital plan may be disapproved only by an affirmative\nvote of at least two voting members of the board. If the board does not\nact on a capital plan within sixty days of the submission of such plan\nto the board, the capital plan shall be approved or disapproved by the\nchief administrator of the courts.\n  The court facilities capital review board shall consider, in approving\nor disapproving a capital plan for each political subdivision, the legal\nobligation of the political subdivision under section thirty-nine of the\njudiciary law to provide goods, services and facilities suitable and\nsufficient for the transaction of the business of the unified court\nsystem, and such political subdivision's fiscal capacity, including but\nnot limited to total taxes raised, total income generated, existing\nmunicipal debt and overall capital needs.\n  4. Nothing contained in this section shall be construed to limit or\ndiminish the authority of the chief administrator of the courts pursuant\nto subdivision three of section thirty-nine and section thirty-nine-a of\nthe judiciary law to determine whether a political subdivision has\nceased or failed to provide goods, services or facilities suitable and\nsufficient for the transaction of business, and to notify the state\ncomptroller of such determination.\n
N.Y. VAT Law § 417 — New York Code / Act VAT / Title 4 / Article 16 / Section 417
Certificates by retail dealers on sales of second hand motor vehicles
Status: in_force

§ 417. Certificates by retail dealers on sales of second hand motor\nvehicles. Upon the sale or transfer of title by a retail dealer of any\nsecond hand motor vehicle, intended for use by the buyer, his agent or\nrepresentative upon the public highways, the vendor shall execute and\ndeliver to the vendee an instrument in writing, in a form prescribed by\nthe commissioner, in which shall be given the make, year of manufacture\nand identification number of the said motor vehicle, the name and\naddress of the vendee, and the date of delivery to the vendee. Such\nnotice shall also contain a certification that said motor vehicle\ncomplies with such requirements of this chapter as shall be specified by\nthe commissioner and that it is in condition and repair to render, under\nnormal use, satisfactory and adequate service upon the public highway at\nthe time of delivery. It shall also certify that such vehicle complies\nwith the equipment requirements in section four hundred nineteen-a of\nthis article.\n  The failure of the vendor to deliver to the vendee the certificate\nrequired by this section or delivery of a false certificate knowing the\nsame to be false or misleading or without making an appropriate\ninspection to determine whether the contents of such certificate are\ntrue shall constitute a violation of this section. The delivery of a\nfalse certificate shall raise presumption that such certificate was\nissued without an appropriate inspection.\n  This section shall not apply to a motor vehicle transferred to a\nlessee, a family member of a lessee, or an employee of a lessee, who has\nhad possession of the vehicle for a period of one hundred twenty days or\nmore under a lease.\n
N.Y. VAT Law § 428 — New York Code / Act VAT / Title 4 / Article 17 / Section 428
Refunds
Status: in_force

§ 428. Refunds. 1. Any fee paid for the registration of a vehicle\nunder the provisions of this chapter shall be refunded, less the sum of\none dollar, provided that the commissioner and the state comptroller are\nsatisfied that the registration has not been used and the number plates\nand sticker have been surrendered to the commissioner within two months\nafter the date the fee was paid or the beginning of the registration\nperiod for which the registration was issued, whichever comes later and\napplication therefor is filed with the commissioner within the period of\nvalidity for which such registration was issued.\n  1-a. Notwithstanding the provisions of subdivision one of this\nsection, if a registration is issued for a period of not less than two\nyears pursuant to paragraph c of subdivision five of section four\nhundred one of this chapter, the registration fee paid for the period\ncommencing after the first twelve month period of such registration\nshall be refunded less the sum of one dollar provided the number plates\nare surrendered to the commissioner before the end of the first twelve\nmonth period of such registration and application therefor is filed with\nthe commissioner within two months from the expiration of the first\ntwelve month period of such registration.\n  1-b. The commissioner is directed to make public notification that\nregistration fees shall be refunded and to send by first class mail a\nwritten notice and an application for refund of any registration fees to\nany person entitled to a registration fee refund according to\nsubdivision one-a of this section that has been unable to obtain a\nregistration fee refund during the period commencing September first,\nnineteen hundred ninety-seven and ending June thirtieth, nineteen\nhundred ninety-eight.  Such written notice shall advise such person that\na registration fee shall be refunded after an application for refund is\nfiled with the commissioner. Such public notification shall be made\nthrough such newspapers throughout all regions of the state as may be\ndesignated by the commissioner.\n  No application for a refund of registration fees shall be denied\nbecause of the failure to file an application therefor within two months\nof the expiration date of the first twelve month period of such\nregistration if such registration was surrendered between September\nfirst, nineteen hundred ninety-seven and June thirtieth, nineteen\nhundred ninety-eight and the applicant therefor has not received credit\nfor such registration fees pursuant to section four hundred twenty of\nthe vehicle and traffic law.\n  2. Upon the surrender to the commissioner of the number plates or\nplate issued for a vehicle registered under the provisions of this\nchapter and the furnishing of proof satisfactory to the commissioner and\nthe state comptroller that the owner of the vehicle entered the armed\nforces of the United States after such vehicle was registered, and that\nthe registration of such vehicle is in full effect, there shall be\nrefunded to such owner, or to such person as he shall designate in\nwriting, a sum equal to as many twelfths of the fee paid for the\nregistration of the vehicle as there are full calendar months in the\nregistration year following the date of the receipt of the number plates\nor plate, less the sum of one dollar.\n  3. Where a refund of any part of a registration fee is made pursuant\nto the foregoing provisions of this section, the registration shall\nthereupon be automatically cancelled.\n  4. The application fee accompanying an accepted application for a\ndriver's license shall in no case be refunded.\n  5. Money paid for fees in excess of the amounts required by law may be\nrefunded subject to approval of the commissioner and the state\ncomptroller, provided application therefor is filed with the\ncommissioner within one year after the date the fee was paid or, with\nrespect to fees paid for a registration, on or before the expiration of\nthe registration for which such fee was paid, whichever occurs later.\n