N.Y. SOS Law § 378-A — New York Code / Act SOS / Article 6 / Title 1 / Section 378-A
Access to conviction records by authorized agencies
Status: in_force

§ 378-a. Access to conviction records by authorized agencies.  1.\nEvery authorized agency which operates a residential program for\nchildren licensed or certified by the office of children and family\nservices, and the office of children and family services in relation to\nany juvenile justice program it operates, shall request that the justice\ncenter for the protection of people with special needs check, and upon\nsuch request, such justice center shall request and shall be authorized\nto receive from the division of criminal justice services and the\nfederal bureau of investigation criminal history information, as such\nphrase is defined in paragraph (c) of subdivision one of section eight\nhundred forty-five-b of the executive law concerning each prospective\noperator, employee or volunteer of such a residential program who will\nhave regular and substantial unsupervised or unrestricted physical\ncontact with children in such program.\n  (a) Provided however, any authorized agency required to request\ncriminal history information pursuant to this subdivision that operates\na residential program for foster children that is licensed or certified\nby the office of children and family services shall request that the\njustice center for the protection of people with special needs check,\nand upon such request, such justice center shall request and shall be\nauthorized to receive from the division of criminal justice services and\nthe federal bureau of investigation criminal history information, as\nsuch phrase is defined in paragraph (c) of subdivision one of section\neight hundred forty-five-b of the executive law, for every: (i)\nprospective employee of such program that is not already required to be\ncleared pursuant to the opening paragraph of this subdivision; and (ii)\nnotwithstanding any other provision of law to the contrary, prior to\nApril first, two thousand twenty and in accordance with a schedule\ndeveloped by the office of children and family services, any person who\nis employed in a residential foster care program that has not previously\nhad a clearance conducted pursuant to this section in connection to such\nemployment.\n  (b) For the purposes of this section, "operator" shall include any\nnatural person with an ownership interest in the authorized agency.\n  (c) Access to and the use of information obtained pursuant to this\nsubdivision shall be governed by the provisions of section eight hundred\nforty-five-b of the executive law.\n  1-a. Excluding the authorized agencies authorized to request and\nreceive criminal history information pursuant to subdivision one of this\nsection, and subject to the rules and regulations of the division of\ncriminal justice services, an authorized agency defined in subdivision\nten of section three hundred seventy-one of this title shall have access\nto criminal history information, as such phrase is defined in paragraph\n(c) of subdivision one of section eight hundred forty-five-b of the\nexecutive law, pertaining to persons who have applied for and are under\nactive consideration for employment by such authorized agency in\npositions where such persons will have the potential for regular and\nsubstantial unsupervised and unrestricted physical contact with children\nin the program. Upon receipt of such criminal history information, the\nauthorized agency shall provide the prospective employee with a copy of\nsuch criminal history information and a copy of article twenty-three-A\nof the correction law and inform such prospective employee of his or her\nright to seek correction of any incorrect information contained in such\ncriminal history information pursuant to the regulations and procedures\nestablished by the division of criminal justice services. The authorized\nagency shall designate one or two persons in its employ who shall be\nauthorized to request, receive and review the criminal history\ninformation pursuant to this subdivision, and only such persons and the\nprospective employee to which the criminal history information relates\nshall have access to such information; provided, however, that such\ncriminal history information may be disclosed to other personnel\nempowered by the agency to make decisions concerning prospective\nemployees. The authorized agency shall notify the division of criminal\njustice services of each person authorized to have access to such\ncriminal history information pursuant to this subdivision. Except as\notherwise provided in this subdivision, such criminal history\ninformation shall be confidential and any person who willfully permits\nthe release of such confidential criminal history information to persons\nnot permitted by this subdivision to receive such information shall be\nguilty of a misdemeanor.\n  2. (a) Notwithstanding any other provision of law to the contrary, and\nsubject to rules and regulations of the division of criminal justice\nservices, an authorized agency, as defined in subdivision ten of section\nthree hundred seventy-one of this title, shall perform a criminal\nhistory record check with the division of criminal justice services\nregarding any prospective foster parent or prospective adoptive parent\nor, a prospective successor guardian in accordance with paragraph (d) of\nsubdivision two of section four hundred fifty-eight-b of this article,\nand any person over the age of eighteen who is currently residing in the\nhome of such prospective foster parent, prospective adoptive parent or\nprospective successor guardian. Provided, however, that for prospective\nfoster parents and prospective adoptive parents and other persons over\nthe age of eighteen in their homes, the checks required by this\nparagraph shall be conducted before the foster parent or adoptive parent\nis finally certified or approved for the placement of a child. Persons\nwho are over the age of eighteen residing in the home of a certified or\napproved foster parent and who previously did not have a criminal\nhistory record check performed in accordance with this subdivision shall\nhave such a criminal history record check performed when the foster\nparent applies for renewal of his or her certification or approval as a\nfoster parent. The division of criminal justice services is authorized\nto submit fingerprints to the federal bureau of investigation for the\npurpose of a nationwide criminal history record check pursuant to and\nconsistent with public law 92-544 to determine whether such prospective\nfoster parent, prospective adoptive parent, prospective successor\nguardian or person over the age of eighteen currently residing in the\nhome of such prospective parent or guardian has a criminal history in\nany state or federal jurisdiction. The provisions and procedures of this\nsection, including the criminal history record check of persons over the\nage of eighteen who are currently residing in the home of the foster\nparent, also shall apply to prospective foster parents certified by the\noffice of children and family services and to family homes certified by\nany other state agency where such family homes care for foster children\nin accordance with a memorandum of understanding with the office of\nchildren and family services.\n  (b) Every authorized agency shall obtain a set of the prospective\nfoster parent, prospective adoptive parent or prospective successor\nguardian's fingerprints and those of any person over the age of eighteen\nwho currently resides in the home of such prospective foster parent,\nprospective adoptive parent or prospective successor guardian, and such\nother information as is required by the office of children and family\nservices and the division of criminal justice services. The authorized\nagency shall provide to the applicant blank fingerprint cards and a\ndescription of how the completed fingerprint cards will be used upon\nsubmission to the authorized agency. The authorized agency shall\npromptly transmit such fingerprint cards to the office of children and\nfamily services. The office of children and family services shall\npromptly submit such fingerprint cards and the processing fee imposed\npursuant to subdivision eight-a of section eight hundred thirty-seven of\nthe executive law to the division of criminal justice services for its\nfull search and retain processing. Notwithstanding any other provision\nof law to the contrary, the processing fee shall be submitted by the\noffice of children and family services and no part thereof shall be\ncharged to the prospective foster parent, prospective adoptive parent,\nprospective successor guardian or any person over the age of eighteen\nwho currently resides in the home of such prospective foster parent,\nprospective adoptive parent or prospective successor guardian who\nsubmitted a fingerprint card pursuant to this subdivision.\n  (c) The division of criminal justice services shall promptly provide\nto the office of children and family services a criminal history record,\nif any, with respect to the prospective foster parent, prospective\nadoptive parent or prospective successor guardian and any other person\nover the age of eighteen who resides in the home of the prospective\nfoster parent, prospective adoptive parent or prospective successor\nguardian, or a statement that the individual has no criminal history\nrecord.\n  (d) Notwithstanding any other provision of law to the contrary, the\noffice of children and family services, upon receipt of a criminal\nhistory record from the division of criminal justice services, may\nrequest, and is entitled to receive, information pertaining to any\noffense contained in such criminal history record from any state or\nlocal law enforcement agency or court for the purposes of determining\nwhether any ground relating to such criminal conviction or pending\ncriminal charge exists for denying an application.\n  (e) Except as set forth in paragraph (m) of this section, after\nreviewing any criminal history record information provided by the\ndivision of criminal justice services, the office of children and family\nservices shall promptly notify the authorized agency or other state\nagency that:\n  (1) Notwithstanding any other provision of law to the contrary, an\napplication for certification or approval of a prospective foster parent\nor prospective adoptive parent shall be denied and, in the event of\ndeath or incapacity of a relative guardian, an agreement to provide\npayments to a prospective successor guardian pursuant to title ten of\nthis article shall not be approved pursuant to subparagraph (ii) of\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\nof this article, as applicable, where a criminal history record of the\nprospective foster parent, prospective adoptive parent or prospective\nsuccessor guardian, as applicable, reveals a conviction for:\n  (A) a felony conviction at any time involving: (i) child abuse or\nneglect; (ii) spousal abuse; (iii) a crime against a child, including\nchild pornography; or (iv) a crime involving violence, including rape,\nsexual assault, or homicide, other than a crime involving physical\nassault or battery; or\n  (B) a felony conviction within the past five years for physical\nassault, battery, or a drug-related offense, unless such offense is\neligible for expungement pursuant to section 160.50 of the criminal\nprocedure law; or\n  (2) Notwithstanding any other provision of law to the contrary, a\nfinal determination of an application for certification or approval of a\nprospective foster parent or prospective adoptive parent and, in\nrelation to prospective successor guardians, approval pursuant to\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this article shall be held in abeyance whenever\nthe criminal history record of the prospective foster parent,\nprospective adoptive parent or prospective successor guardian, as\napplicable, reveals:\n  (A) a charge for a crime set forth in subparagraph one of this\nparagraph which has not been finally resolved; or\n  (B) a felony conviction that may be for a crime set forth in\nsubparagraph one of this paragraph. An authorized agency may proceed\nwith a determination of such application, in a manner consistent with\nthis subdivision, only upon receiving subsequent notification from the\noffice of children and family services regarding the status of such\ncharge or the nature of such conviction; or\n  (3) consistent with the provisions of article twenty-three-A of the\ncorrection law, an application for certification or approval of a\nprospective foster parent or prospective adoptive parent may be denied,\nan agreement to provide payments to a prospective successor guardian\npursuant to title ten of this article may not be approved pursuant to\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this article, as applicable, where:\n  (A) a criminal history record of the prospective foster parent,\nprospective adoptive parent or prospective successor guardian reveals a\ncharge or a conviction of a crime other than one set forth in\nsubparagraph one of this paragraph; or\n  (B) a criminal history record of any other person over the age of\neighteen who resides in the home of the prospective foster parent,\nprospective adoptive parent or prospective successor guardian reveals a\ncharge or a conviction of any crime; or\n  (4) Notwithstanding any other provision of law to the contrary, an\napplication for renewal of the certification or approval of a foster\nparent submitted on or after October first, two thousand eight shall be\ndenied based on the conviction of the foster parent of a crime set forth\nin subparagraph one of this paragraph where such conviction occurred on\nor after October first, two thousand eight; or\n  (5) Notwithstanding any other provision of law to the contrary, the\ncertification or approval of a foster parent, or the approval of an\nadoptive parent who has not completed the adoption process, shall be\nrevoked based on the conviction of the foster parent or the adoptive\nparent of a crime set forth in subparagraph one of this paragraph; or\n  (6) the prospective foster parent, prospective adoptive parent or\nprospective successor guardian and any person over the age of eighteen\nwho is residing in the home of the prospective foster parent,\nprospective adoptive parent or prospective successor guardian has no\ncriminal history record.\n  (f) Except as otherwise set forth in this paragraph, any notification\nby the office of children and family services pursuant to paragraph (e)\nof this subdivision shall include a summary of the criminal history\nrecord provided by the division of criminal justice services, including,\nbut not limited to, the specific crime or crimes for which the\nprospective foster parent or parents, adoptive parent or parents or\nprospective successor guardian or guardians or any adults over the age\nof eighteen living in the home have been charged or convicted, as\napplicable. When responding to an inquiry from a voluntary authorized\nagency or other non-public agency with respect to the results of a\nnational criminal history check performed by the federal bureau of\ninvestigation, the office of children and family services shall advise\nthe voluntary authorized agency or other non-public agency of the\ncategory or categories of crime or crimes and shall not provide the\nvoluntary authorized agency or other non-public agency with the specific\ncrime or crimes absent the written consent of the person for whom the\nnational criminal history check was performed.\n  (g) When an authorized agency has denied an application or approval in\naccordance with the provisions of paragraph (e) of this subdivision, the\nauthorized agency shall provide to the applicant a written statement\nsetting forth the reasons for such denial, including, as authorized by\nparagraph (f) of this subdivision, the summary of the criminal history\nrecord provided to the authorized agency by the office of children and\nfamily services. The authorized agency shall also provide a description\nof the division of criminal justice services' record review process and\nany remedial processes provided by the office of children and family\nservices to any prospective foster parent, prospective adoptive parent\nor prospective successor guardian. If the applicant is disqualified\nunder item (ii) of clause (A) of subparagraph one of paragraph (e) of\nthis subdivision, then the applicant may apply for relief from the\nmandatory disqualification based on the grounds that the offense was not\nspousal abuse as that term is defined in paragraph (j) of this\nsubdivision.\n  (h) Where a criminal history record of the certified or approved\nfoster parent, prospective adoptive parent or of any other person over\nthe age of eighteen who resides in the home of the certified or approved\nfoster parent or prospective adoptive parent reveals a charge or\nconviction of any crime, the authorized agency shall perform a safety\nassessment of the conditions in the household. Such assessment shall\ninclude: whether the subject of the charge or conviction resides in the\nhousehold; the extent to which such person may have contact with foster\nchildren or other children residing in the household; and the status,\ndate and nature of the criminal charge or conviction. The authorized\nagency shall thereafter take all appropriate steps to protect the health\nand safety of such child or children, including, when appropriate, the\nremoval of any foster child or children from the home. Where the\nauthorized agency denies the application or revokes the approval or\ncertification of the foster parent or the prospective adoptive parent in\naccordance with the standards set forth in paragraph (e) of this\nsubdivision, such authorized agency shall remove any foster child or\nchildren from the home of the foster parent or the prospective adoptive\nparent.\n  (i) Any criminal history record provided by the division of criminal\njustice services, and any summary of the criminal history record\nprovided by the office of children and family services to an authorized\nagency pursuant to this subdivision, is confidential and shall not be\navailable for public inspection; provided, however, nothing herein shall\nprevent an authorized agency, the office of children and family services\nor other state agency referenced in paragraph (a) of this subdivision\nfrom disclosing criminal history information to any administrative or\njudicial proceeding relating to the denial or revocation of a\ncertification or approval of a foster parent or an adoptive parent or\nthe removal of the foster child from the home or the failure to approve\na prospective successor guardian pursuant to subparagraph (ii) of\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\nof this article or the termination of an agreement for payments pursuant\nto title ten of this article that is made in accordance with paragraph\n(h) of subdivision four of section four hundred fifty-eight-b of this\narticle. Where there is a pending court case, the authorized agency\nwhich received the criminal history record summary from the office of\nchildren and family services, shall provide a copy of such summary to\nthe family court or surrogate's court.\n  (j) For the purposes of this subdivision "spousal abuse" is an offense\ndefined in section 120.05, 120.10, 121.12 or 121.13 of the penal law\nwhere the victim of such offense was the defendant's spouse; provided,\nhowever, spousal abuse shall not include a crime in which the\nprospective foster parent, prospective adoptive parent or prospective\nsuccessor guardian, who was the defendant, has received notice pursuant\nto paragraph (g) of this subdivision and the office of children and\nfamily services finds after a fair hearing held pursuant to section\ntwenty-two of this chapter, that he or she was the victim of physical,\nsexual or psychological abuse by the victim of such offense and such\nabuse was a factor in causing the prospective foster parent, prospective\nadoptive parent or prospective successor guardian to commit such\noffense.\n  (k) The office of children and family services shall inform the\ndivision of criminal justice services when a person is no longer\ncertified or approved as a foster parent or is no longer a prospective\nadoptive parent so that the division of criminal justice services may\nterminate its retain processing with regard to such person and any\nperson over the age of eighteen who is residing in the home of the\nfoster parent or prospective adoptive parent. At least once a year, the\noffice of children and family services will be required to conduct a\nvalidation of the records maintained by the division of criminal justice\nservices.\n  (l) The office of children and family services, in consultation with\nthe division of criminal justice services, shall promulgate regulations\nfor the purpose of implementing the provisions of this subdivision\nrelating to the standards for the certification or approval of foster\nparents or adoptive parents.\n  (m)(1) The office of children and family services shall not release\nthe content of the results of the nationwide criminal history record\ncheck conducted by the federal bureau of investigation in accordance\nwith this subdivision to an authorized agency, as defined in paragraphs\n(a) or (c) of subdivision ten of section three hundred seventy-one of\nthis title.\n  (2) For any application made to such an authorized agency under this\nsubdivision, the office of children and family services shall:\n  (A) review and evaluate the results of the nationwide criminal history\nrecord check of the prospective foster parent, prospective adoptive\nparent and any other person over the age of eighteen who resides in the\nhome of such applicant in accordance with the standards set forth in\nparagraph (e) of this subdivision relating to mandatory disqualifying\nconvictions, hold in abeyance charges or convictions, and discretionary\ncharges and convictions; and\n  (B) based on the results of the nationwide criminal history record\ncheck, inform such authorized agency that the application for\ncertification or approval of the prospective foster parent or the\nprospective adoptive parent either: (i) must be denied; (ii) must be\nheld in abeyance pending subsequent notification from the office of\nchildren and family services; or (iii) that the office of children and\nfamily services has no objection, solely based on the nationwide\ncriminal history record check, for the authorized agency to proceed with\na determination on such application based on the standards for\ncertification or approval of a prospective foster parent or prospective\nadoptive parent, as set forth in the regulations of the office of\nchildren and family services.\n  (3) Where the office of children and family services directs the\nauthorized agency to deny the application of a prospective foster parent\nor a prospective adoptive parent in accordance with this paragraph, the\noffice of children and family services shall also notify the prospective\nfoster parent, prospective adoptive parent or other person over the age\nof eighteen who resided in the home of the applicant whose criminal\nhistory was the basis for the denial and shall provide such prospective\nfoster parent, prospective adoptive parent or other person a copy of the\nresults of the nationwide criminal history record check upon which such\ndenial was based and a written statement setting forth the reasons for\nsuch denial. If the applicant is disqualified under item (ii) of clause\n(A) of subparagraph one of paragraph (e) of this subdivision, then the\napplicant may apply for relief from the mandatory disqualification based\non the grounds that the offense was not spousal abuse as that term is\ndefined in paragraph (j) of this subdivision.\n  (4) This paragraph does not apply to nationwide criminal history\nrecord checks conducted by the federal bureau of investigation on behalf\nof state agencies or authorized agencies, as defined in paragraph (b) of\nsubdivision ten of section three hundred seventy-one of this title, or\nto the results of statewide criminal history record checks conducted by\nthe division of criminal justice services.\n
N.Y. MRE Law § 54 — New York Code / Act MRE / Article 4 / Title 1 / Section 54
Kitchens and pantries
Status: in_force

§ 54. Kitchens and pantries. All kitchens and pantries serving\nrestaurants or dining rooms in a non-fireproof transient dwelling shall\nbe equipped with an automatic sprinkler system or a fire-detecting\nsystem. Where such kitchens and pantries are located at least thirty\nfeet distant from such dwelling, no sprinkler or fire-detecting system\nshall be required.\n
N.Y. ENV Law § 29-0105 — New York Code / Act ENV / Article 29 / Title 1 / Section 29-0105
Certification of site and disposal method selection
Status: in_force

§ 29-0105. Certification of site and disposal method selection.\n  1. Upon application by the commission, the department shall certify\nthat the commission's selection of the site or sites and disposal method\nor methods pursuant to section 29-0305 of this article is in conformance\nwith the applicable siting criteria promulgated pursuant to section\n29-0103 of this title; shall certify that, with modifications proposed\nby the department, the selection would be in conformance with the\napplicable siting criteria; or shall refuse to certify such selection\nand shall specify the manner in which such selection fails to meet the\napplicable siting criteria. Such certification or refusal to certify\nshall be based upon the record. The department shall hold public\nhearings with respect to the draft environmental impact statement and\nwith respect to the application for certification. Such hearings and\nsuch certification or refusal to certify shall be completed within one\nhundred eighty days of the commission's submission of a complete\napplication for certification.\n  2. The department shall publish in the state register notice of its\ndecision on the application for certification of the site and disposal\nmethod selection.\n  3. The department's decision on the application for certification of\nthe site and disposal method selection and the accompanying final\nenvironmental impact statement shall be submitted by the department to\nthe governor, the legislature, and the chairman of the New York state\nenergy research and development authority. In addition to any other\ninformation otherwise required for a final environmental impact\nstatement, such statement shall include:\n  a. copies of the minutes of the public hearing held on the draft\nenvironmental impact statement on siting and disposal method selection\nand of recommendations from the advisory committee established pursuant\nto section 29-0501 of this article, and the department's responses to\nthe views, comments, information, and recommendations therein; and\n  b. a listing providing a brief description, identification, or\nreference for each report, study, or other document relied upon by the\ndepartment for information supporting its analyses or conclusions.\n
N.Y. RPT Law § 909 — New York Code / Act RPT / Article 9 / Title 1-A / Section 909
Inapplicability of title
Status: in_force

* § 909. Inapplicability of title. The provisions of this title may\nnot be adopted if the city of Amsterdam elects to adopt the provisions\nof article nineteen of this chapter.\n  * NB Expired July 1, 2001\n
N.Y. RPT Law § 1537 — New York Code / Act RPT / Article 15-A / Title 1 / Section 1537
Optional county services
Status: in_force

§ 1537. Optional county services.  1. (a) An assessing unit and a\ncounty shall have the power to enter into, amend, cancel and terminate\nan agreement for appraisal services, exemption services, assessment\nservices, or assessment review services, in the manner provided by this\nsection. Such an agreement shall be considered an agreement for the\nprovision of a "joint service" for purposes of article five-G of the\ngeneral municipal law, notwithstanding the fact that the county would\nnot have the power to perform such services in the absence of such an\nagreement.\n  (b) Any such agreement shall be approved by both the assessing unit\nand the county, by a majority vote of the voting strength of each\ngoverning body.\n  (c) In the case of an assessing unit, no such agreement shall be\nsubmitted to the governing body for approval unless at least forty-five\ndays prior to such submission, the governing body shall have adopted a\nresolution, subject to a permissive referendum, authorizing the\nassessing unit to negotiate such an agreement with the county; provided,\nhowever, that such prior authorization shall not be required for an\nagreement to amend, cancel or terminate an existing agreement pursuant\nto this section.\n  2. (a) An agreement between an assessing unit and a county for\nappraisal services shall provide for the county to appraise all real\nproperty within such assessing unit for assessment purposes.\n  (b) The county shall employ appraisers and other technical personnel\nto make the appraisals of such properties. No person shall be employed\nby the county and assigned professional appraisal duties which relate to\nthe assessment of real property for purposes of taxation unless such\nperson meets the minimum qualification standards established by the\ncommissioner. Such appraisal personnel shall attend courses of training\nand education prescribed by the commissioner.\n  (c) Such appraisals shall be completed no later than the taxable\nstatus date of the assessing unit, and shall be submitted by the county\ndirector to the assessor in the form and containing such information as\nshall be prescribed by the commissioner.\n  (d) Appraisals furnished pursuant to this section shall serve as the\nbasis of the assessment of the property so appraised.\n  (e) Such an agreement may further provide that in any administrative\nor judicial proceeding to review an assessment which is based upon a\ncounty appraisal, the county shall provide such testimony and other\nevidence as may be necessary to defend such appraisal.\n  3. An agreement between an assessing unit and a county for exemption\nservices shall provide for the county to review applications for\nexemption and determine the eligibility of the applicants for such\nexemptions. Such agreement may further provide that in any\nadministrative or judicial proceeding to review an assessment in which\nthe denial of an exemption is at issue, the county shall provide such\ntestimony and other evidence as may be necessary to defend its denial of\nexempt status.\n  4. An agreement between an assessing unit and a county for assessment\nservices shall provide for a person, other than the county director of\nreal property tax services, to be selected by the assessing unit to\nperform assessment services in accordance with such agreement. Such\nperson shall be deemed the assessor of the assessing unit and shall be\nsubject to all provisions of law pertaining to assessors. Provided,\nhowever, that no such agreement for assessment services may be entered\ninto by an assessing unit which has exercised the option to retain\nelective assessors pursuant to law.\n  5. An agreement between an assessing unit and a county for assessment\nreview services shall provide for the members of the board of assessment\nreview of the assessing unit to be appointed by the legislative body of\nthe county upon the recommendation of the county director of the real\nproperty tax services. Each member so appointed shall be a resident of\nthe county but need not be a resident of the assessing unit. The board\nof assessment review as so constituted shall have the authority to\nreceive, review and resolve petitions for assessment review filed in\nsuch assessing unit, and for the corrections of errors therein, to the\nfull extent set forth in article five of this chapter.\n
N.Y. RPT Law § 1536 — New York Code / Act RPT / Article 15-A / Title 1 / Section 1536
County advisory appraisal service
Status: in_force

§ 1536. County advisory appraisal service. 1. Types of property. The\ncounty shall provide to the cities and towns therein to which this\narticle applies upon written request of the chief executive officer or\nassessor of such cities and towns advisory appraisals of moderately\ncomplex taxable properties, being properties where the appraisals\nrequire either the professional use of engineering skills or the\ndevelopment of earnings or economic analyses of substantial complexity.\nThe commissioner shall determine the specific types of property which\nare included within such description in accordance with section fifteen\nhundred forty-six of this article.\n  2. County appraisal personnel. The county shall employ appraisers and\nother technical personnel to make the advisory appraisals of such\nmoderately complex properties. No person shall be employed by the county\nand assigned professional appraisal duties which relate to the\nassessment of real property for purposes of taxation unless he meets the\nminimum qualification standards established by the commissioner. Such\nappraisal personnel shall attend courses of training and education\nprescribed by the commissioner under this article.\n  3. County appraisal reports. Upon completion of an appraisal of real\nproperty pursuant to this section, the county director shall file a\nsummary of the appraisal on forms prescribed by the commissioner with\nthe assessor of the city or town in which the property is located, and\nwhere such property is located in a village a copy shall be filed with\nthe assessor of the village. Such appraisal reports shall be in the form\nand shall contain such information as shall be prescribed by the\ncommissioner. The original appraisal report shall be filed in the office\nof the director of real property tax services and shall be a public\nrecord. A copy of the original appraisal report shall be simultaneously\nfiled with the commissioner.\n  4. Review by commissioner of county advisory appraisals. Any city or\ntown assessor who receives from the county an advisory appraisal in\naccordance with the provisions of this section may apply to the\ncommissioner for review of such appraisal if in his judgment the value\nof the property indicated by the appraisal appears to be unreasonable or\ninaccurate. Application for such review shall be made in accordance with\nthe provisions of section fifteen hundred forty-eight of this chapter.\n  5. Apportionment of expense of county advisory appraisals. The expense\nof making advisory appraisals under this section may be levied upon the\nseveral cities and towns in the county in accordance with the cost of\nthe appraisals of properties located in such cities and towns\nrespectively and such charge-back against the cities and towns in the\ncounty shall be deemed to be a county purpose.\n  6. Appraisals not binding on assessors. Advisory appraisals furnished\npursuant to this section shall be considered by the assessor of the city\nor town in making assessments but shall not be binding upon him.\n
N.Y. SOS Law § 131-U — New York Code / Act SOS / Article 5 / Title 1 / Section 131-U
Domestic violence services
Status: in_force

§ 131-u. Domestic violence services. 1. Notwithstanding any\ninconsistent provision of law, a social services district shall, in\naccordance with the provisions of this section and regulations of the\ndepartment, offer and provide emergency shelter and services at a\nresidential program for victims of domestic violence, as defined in\narticle six-A of this chapter, to the extent that such shelter and\nservices are necessary and available to a victim of domestic violence,\nas defined in article six-A of this chapter, and in need of emergency\nshelter and services, who was residing in the social services district\nat the time of the alleged domestic violence.\n  2. The department shall annually establish, subject to the approval of\nthe director of the budget, a daily rate of reimbursement for each\nresidential program for victims of domestic violence, as defined in\narticle six-A of this chapter, certified by the department which\nprovides emergency shelter and services to persons eligible for such\nemergency shelter and services pursuant to this section. A social\nservices district financially responsible for a victim of domestic\nviolence shall reimburse a residential program for victims of domestic\nviolence for the costs of emergency shelter and services provided to\nsuch victim at the daily reimbursement rate established by the\ndepartment reduced by any other reimbursement available for such costs.\n
N.Y. ISC Law § 4902 — New York Code / Act ISC / Article 49 / Title 1 / Section 4902
Utilization review program standards
Status: in_force

§ 4902. Utilization review program standards. (a) Each utilization\nreview agent shall adhere to utilization review program standards\nconsistent with the provisions of this title which shall, at a minimum,\ninclude:\n  (1) Appointment of a medical director, who is a licensed physician;\nprovided, however, that the utilization review agent may appoint a\nclinical director when the utilization review performed is for a\ndiscrete category of health care service and provided further that the\nclinical director is a licensed health care professional who typically\nmanages the category of service. Responsibilities of the medical\ndirector, or, where appropriate, the clinical director, shall include,\nbut not be limited to, the supervision and oversight of the utilization\nreview process;\n  (2) Development of written policies and procedures that govern all\naspects of the utilization review process and a requirement that a\nutilization review agent shall maintain and make available to insureds\nand health care providers a written description of such procedures\nincluding procedures to appeal an adverse determination together with a\ndescription, jointly promulgated by the superintendent and the\ncommissioner of health as required pursuant to subsection (e) of section\nfour thousand nine hundred fourteen of this article, of the external\nappeal process established pursuant to title two of this article and the\ntime frames for such appeals;\n  (3) Utilization of written clinical review criteria developed pursuant\nto a utilization review plan;\n  (4) Establishment of a process for rendering utilization review\ndeterminations which shall, at a minimum, include: written procedures to\nassure that utilization reviews and determinations are conducted within\nthe timeframes established herein; procedures to notify an insured, an\ninsured's designee and/or an insured's health care provider of adverse\ndeterminations; and procedures for appeal of adverse determinations\nincluding the establishment of an expedited appeals process for denials\nof continued inpatient care or where there is imminent or serious threat\nto the health of the insured;\n  (5) (i) Establishment of a written procedure to assure that the notice\nof an adverse determination includes:\n  (A) the reasons for the determination including the clinical\nrationale, if any;\n  (B) instructions on how to initiate standard and expedited appeals\npursuant to section four thousand nine hundred four of this article and\nan external appeal pursuant to section four thousand nine hundred\nfourteen of this article; (C) notice of the availability, upon request\nof the insured or the insured's designee, of the clinical review\ncriteria relied upon to make such determination;\n  (D) what, if any, additional necessary information must be provided\nto, or obtained by, the utilization review agent in order to render a\ndecision on appeal; and\n  (E) for an adverse determination related to a step therapy protocol\noverride determination, information that includes the clinical review\ncriteria relied upon to make such determination and any applicable\nalternative prescription drugs subject to the step therapy protocol of\nthe utilization review agent.\n  (ii) A utilization review agent may provide a notice of an adverse\ndetermination related to a step therapy protocol override determination\nelectronically pursuant to subsection (i) of section four thousand nine\nhundred three of this title, including by electronic mail or through the\nhealth care plan's member portal and provider portal. An electronic\nnotice of such an adverse determination may meet the requirements of\nclause (E) of subparagraph (i) of this paragraph by linking to\ninformation posted on the website of the health care plan;\n  (6) Establishment of a requirement that appropriate personnel of the\nutilization review agent are reasonably accessible by toll-free\ntelephone:\n  (i) not less than forty hours per week during normal business hours to\ndiscuss patient care and allow response to telephone requests, and to\nensure that such utilization review agent has a telephone system capable\nof accepting, recording or providing instruction to incoming telephone\ncalls during other than normal business hours and to ensure response to\naccepted or recorded messages not less than one business day after the\ndate on which the call was received; or\n  (ii) notwithstanding the provisions of subparagraph (i) of this\nparagraph, not less than forty hours per week during normal business\nhours, to discuss patient care and allow response to telephone requests,\nand to ensure that, in the case of a request submitted pursuant to\nsubsection (a) of section four thousand nine hundred three of this title\nor an expedited appeal filed pursuant to subsection (b) of section four\nthousand nine hundred four of this title, on a twenty-four hour a day,\nseven day a week basis;\n  (7) Establishment of appropriate policies and procedures to ensure\nthat all applicable state and federal laws to protect the\nconfidentiality of individual medical records are followed;\n  (8) Establishment of a requirement that emergency services rendered to\nan insured shall not be subject to prior authorization nor shall\nreimbursement for such services be denied on retrospective review;\nprovided, however, that such services are medically necessary to\nstabilize or treat an emergency condition.\n  * (9) When conducting utilization review for purposes of determining\nhealth care coverage for substance use disorder treatment, a utilization\nreview agent shall utilize an evidence-based and peer reviewed clinical\nreview tool that is appropriate to the age of the patient. When\nconducting such utilization review for treatment provided in this state,\na utilization review agent shall utilize an evidence-based and peer\nreviewed clinical tool designated by the office of alcoholism and\nsubstance abuse services that is consistent with the treatment service\nlevels within the office of alcoholism and substance abuse services\nsystem. All approved tools shall have inter rater reliability testing\ncompleted by December thirty-first, two thousand sixteen.\n  * NB Effective until January 1, 2027\n  * (9) When conducting utilization review for purposes of determining\nhealth care coverage for substance-related and addictive disorder\ntreatment, a utilization review agent shall utilize an evidence-based\nand peer reviewed clinical review tool that is appropriate to the age of\nthe patient. When conducting such utilization review for treatment\nprovided in this state, a utilization review agent shall utilize an\nevidence-based and peer reviewed clinical tool designated by the office\nof addiction services and supports that is consistent with the treatment\nservice levels within the office of addiction services and supports\nsystem. All approved tools shall have inter rater reliability testing\ncompleted by December thirty-first, two thousand sixteen.\n  * NB Effective January 1, 2027\n  10. When establishing a step therapy protocol, a utilization review\nagent shall utilize recognized evidence-based and peer reviewed clinical\nreview criteria that also takes into account the needs of atypical\npatient populations and diagnoses when establishing the clinical review\ncriteria.\n  11. When conducting utilization review for a step therapy protocol\noverride determination, a utilization review agent shall utilize, in\naddition to any other requirements of this article, recognized\nevidence-based and peer reviewed clinical review criteria that is\nappropriate for the insured and the insured's medical condition.\n  (12) When conducting utilization review for purposes of determining\nhealth care coverage for a mental health condition, a utilization review\nagent shall utilize evidence-based and peer reviewed clinical review\ncriteria that is appropriate to the age of the patient. The utilization\nreview agent shall use clinical review criteria deemed appropriate and\napproved for such use by the commissioner of the office of mental\nhealth, in consultation with the commissioner of health and the\nsuperintendent. Approved clinical review criteria shall have inter rater\nreliability testing completed by December thirty-first, two thousand\nnineteen.\n  (13) Establishment of a requirement that emergency department and\ninpatient hospital services rendered by a general hospital certified\npursuant to article twenty-eight of the public health law to an insured\nto treat COVID-19 during a declared state disaster emergency related to\nCOVID-19 shall not be denied on retrospective review on the basis that\nsuch services were not medically necessary.\n  (14) The superintendent, in consultation with the commissioner of\nhealth, may, as necessary, promulgate by regulation special\nconsiderations and processes for utilization review related to medically\nfragile children. Such regulations may include, at a minimum,\nconsiderations and processes related to:\n  (i) medically necessary covered services to medically fragile\nchildren;\n  (ii) determinations specific to the needs of medically fragile\nchildren;\n  (iii) stabilization and discharge plans; and\n  (iv) payment for the care of medically fragile children.\n  (15) When establishing a step therapy protocol, a utilization review\nagent shall ensure that the protocol cannot:\n  (i) require a prescription drug that has not been approved by the\nUnited States Food and Drug Administration for the medical condition\nbeing treated or is not supported by current evidence-based guidelines\nfor the medical condition being treated;\n  (ii) require an insured to try and fail on more than two drugs used to\ntreat the same medical condition or disease before providing coverage to\nthe insured for the prescribed drug;\n  (iii) require the use of a step therapy-required drug for longer than\nthirty days or a duration of treatment supported by current\nevidence-based treatment guidelines appropriate to the specific disease\nstate being treated;\n  (iv) be imposed on an insured if a therapeutic equivalent to the\nprescribed drug is not available, or if the health care plan has\ndocumentation that it has covered the drug for the insured within the\npast three hundred sixty-five days;\n  (v) require a newly enrolled insured to repeat a step therapy protocol\nfor a prescribed drug where that insured already completed a step\ntherapy protocol for that drug under a prior health care plan, so long\nas the enrollee or provider submits information demonstrating completion\nof a step therapy protocol of the prior health care plan within the past\nthree hundred sixty-five days; and\n  (vi) be imposed on an insured for a prescribed drug that was\npreviously approved for coverage by the insured's current health care\nplan for a specific medical condition after the insured's current health\ncare plan implements a formulary change or utilization management that\nimpacts the coverage criteria for the prescribed drug until the approved\noverride expires, unless a specifically identified and current\nevidence-based safety concern exists and a different therapeutic\nalternative drug exists.\n  (16) When establishing a step therapy protocol, a utilization review\nagent shall ensure that the protocol accepts any written or electronic\nattestation submitted by the insured's health care professional, as\ndefined in section four thousand nine hundred of this title, who\nprescribed the drug and stating that a required drug has failed, as\nevidence that the required drug has failed.\n  (b) Each utilization review agent shall assure adherence to the\nrequirements stated in subsection (a) of this section by all\ncontractors, subcontractors, subvendors, agents and employees affiliated\nby contract or otherwise with such utilization review agent.\n
N.Y. EDN Law § 211-F — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 211-F
Takeover and restructuring failing schools
Status: in_force

§ 211-f. Takeover and restructuring failing schools. 1. Eligibility\nfor appointment of an external receiver. (a) Failing schools. The\ncommissioner shall designate as failing each of the schools that has\nbeen identified under the state's accountability system to be among the\nlowest achieving five percent of public schools in the state (priority\nschools) for at least three consecutive school years, or identified as a\n"priority school" in each applicable year of such period except one\nschool year in which the school was not identified because of an\napproved closure plan that was not implemented, based upon measures of\nstudent achievement and outcomes and a methodology prescribed in the\nregulations of the commissioner, provided that this list shall not\ninclude schools within a special act school district as defined in\nsubdivision eight of section four thousand one of this chapter or\nschools chartered pursuant to article fifty-six of this chapter. Except\nas otherwise provided in paragraph (c) of this subdivision, and pursuant\nto regulations promulgated by the commissioner, a school designated as\nfailing under this paragraph shall be eligible for receivership under\nthis section upon a determination by the commissioner.\n  (b) Persistently failing schools. Based upon measures of student\nachievement and outcomes and a methodology prescribed in the regulations\nof the commissioner, the commissioner shall designate as persistently\nfailing each of the schools that have been identified under the state's\naccountability system to be among the lowest achieving public schools in\nthe state for ten consecutive school years, based upon identification of\nthe school by the commissioner as: a "priority school" for each\napplicable year from the two thousand twelve--two thousand thirteen\nschool year to the current school year, or identified as a "priority\nschool" in each applicable year of such period except one year in which\nthe school was not identified because of an approved closure plan that\nwas not implemented; and as a "School Requiring Academic Progress Year\n5", "School Requiring Academic Progress Year 6", "School Requiring\nAcademic Progress Year 7" and/or a "School in Restructuring," for each\napplicable year from the two thousand six--two thousand seven school\nyear to the two thousand eleven--two thousand twelve school year. This\ndesignation shall not include schools within a special act school\ndistrict as defined in subdivision eight of section four thousand one of\nthis chapter or schools chartered pursuant to article fifty-six of this\nchapter.\n  (c) Specific provisions. (i) For schools designated as persistently\nfailing pursuant to paragraph (b) of this subdivision, the local\ndistrict shall continue to operate the school for an additional school\nyear provided that there is a department-approved intervention model or\ncomprehensive education plan in place that includes rigorous performance\nmetrics and goals, including but not limited to measures of student\nacademic achievement and outcomes including those set forth in\nsubdivision six of this section. Notwithstanding any other provision of\nlaw, rule or regulation to the contrary, the superintendent shall be\nvested with all powers granted to a receiver appointed pursuant to this\nsection for such time period; provided, however that such superintendent\nshall not be allowed to override any decision of the board of education\nwith respect to his or her employment status. At the end of such year,\nthe department shall conduct a performance review in consultation and\ncooperation with the district and school staff to determine, based on\nthe performance metrics in the school's model or plan, whether (1) the\ndesignation of persistently failing should be removed; (2) the school\nshould remain under continued school district operation with the\nsuperintendent vested with the powers of a receiver; or (3) the school\nshould be placed into receivership; provided, however, that a school\nthat makes demonstrable improvement based on the performance metrics and\ngoals herein shall remain under district operation for an additional\nschool year and if such school remains under district operation, it\nshall continue to be subject to annual review by the department, in\nconsultation and cooperation with the district, under the same terms and\nconditions.\n  (ii) For schools designated as failing, but not persistently failing,\nthe local district shall continue to operate the school for two\nadditional school years provided that there is a department-approved\nintervention model or comprehensive education plan in place that\nincludes rigorous performance metrics and goals, including but not\nlimited to measures of student academic achievement and outcomes\nincluding those set forth in subdivision six of this section.\nNotwithstanding any other provision of law, rule or regulation to the\ncontrary, the superintendent shall be vested with all powers granted to\na receiver appointed pursuant to this section; provided, however that\nsuch superintendent shall not be allowed to override any decision of the\nboard of education with respect to his or her employment status. At the\nend of such two years, the department shall conduct a school performance\nreview in consultation and cooperation with the district and school\nstaff to determine, based on the performance metrics in the school's\nmodel or plan, whether (1) the designation of failing should be removed;\n(2) the school should remain under continued school district operation\nwith the superintendent vested with the powers of a receiver; or (3) the\nschool should be placed into receivership; provided, however, that a\nschool that makes demonstrable improvement based on the performance\nmetrics and goals herein shall remain under district operation for an\nadditional school year and if such school remains under district\noperation, it shall continue to be subject to such annual review by the\ndepartment under the same terms and conditions. For schools newly\ndesignated as failing after the two thousand sixteen--two thousand\nseventeen school year, the school shall be immediately eligible for\nreceivership upon such designation.\n  (iii) Nothing in this paragraph shall be construed to limit (1) a\nschool district's ability to modify, subject to approval by the\ndepartment, such department approved intervention model or comprehensive\neducation plan, or (2) the commissioner's ability to require a school\ndistrict to modify such department approved intervention model or\ncomprehensive education plan and require his or her approval of such\nmodifications.\n  (iv) The district shall provide notice to parents and guardians of the\nstudents of the school which may be placed into receivership pursuant to\nthis subdivision and provided further that the district or the\ncommissioner shall hold a public meeting or hearing for purposes of\ndiscussing the performance of the school and the construct of\nreceivership.\n  1-a. Community engagement team. Upon designation as failing or\npersistently failing pursuant to subdivision one of this section, the\ndistrict shall establish a community engagement team which shall include\ncommunity stakeholders, including but not limited to the school\nprincipal, parents and guardians, teachers and other school staff and\nstudents. Membership of such team may be modified at any time. Such team\nshall develop recommendations for improvement of the school and shall\nsolicit input through public engagement. The team shall present its\nrecommendations periodically to the school leadership and, as\napplicable, the receiver.\n  2. Appointment of a receiver. (a) Upon a determination by the\ncommissioner that a school shall be placed into receivership, the\napplicable school district shall appoint an independent receiver,\nsubject to the approval of the commissioner, to manage and operate all\naspects of the school and to develop and implement a school intervention\nplan for the school that shall consider the recommendations developed by\nthe community engagement team when creating such plan. The independent\nreceiver may be a non-profit entity, another school district, or an\nindividual. If the school district fails to appoint an independent\nreceiver that meets with the commissioner's approval within sixty days\nof such determination, the commissioner shall appoint the receiver.\n  (b) The receiver shall be authorized to manage and operate the failing\nor persistently failing school and shall have the power to supersede any\ndecision, policy or regulation of the superintendent of schools or chief\nschool officer, or of the board of education or another school officer\nor the building principal that in the sole judgment of the receiver\nconflicts with the school intervention plan; provided however that the\nreceiver may not supersede decisions that are not directly linked to the\nschool intervention plan, including but not limited to building usage\nplans, co-location decisions and transportation of students. The\nreceiver shall have authority to review proposed school district budgets\nprior to presentation to the district voters, or in the case of a city\nschool district in a city having a population of one hundred twenty-five\nthousand or more, of the adoption of a contingency budget, prior to\napproval by the board of education, and to modify the proposed budget to\nconform to the school intervention plan provided that such modifications\nshall be limited in scope and effect to the failing or persistently\nfailing school and may not unduly impact other schools in the district.\nA school under receivership shall operate in accordance with laws\nregulating other public schools, except as such provisions may conflict\nwith this section.\n  (c) The commissioner shall contract with the receiver, and the\ncompensation and other costs of the receiver appointed by the\ncommissioner shall be paid from a state appropriation for such purpose,\nor by the school district, as determined by the commissioner, provided\nthat costs shall be paid by the school district only if there is an open\nadministrative staffing line available for the receiver, and the\nreceiver will be taking on the responsibilities of such open line.\nNotwithstanding any other provision of law to the contrary, the receiver\nand any of its employees providing services in the receivership shall be\nentitled to defense and indemnification by the school district to the\nsame extent as a school district employee. The receiver's contract may\nbe terminated by the commissioner for a violation of law or the\ncommissioner's regulations or for neglect of duty. A receiver appointed\nto operate a district under this section shall have full managerial and\noperational control over such school; provided, however, that the board\nof education shall remain the employer of record, and provided further\nthat any employment decisions of the board of education may be\nsuperseded by the receiver. It shall be the duty of the board of\neducation and the superintendent of schools to fully cooperate with the\nreceiver and willful failure to cooperate or interference with the\nfunctions of the receiver shall constitute willful neglect of duty for\npurposes of section three hundred six of this title. The receiver or the\nreceiver's designee shall be an ex officio non-voting member of the\nboard of education entitled to attend all meetings of the board of\neducation.\n  3. Before developing the school intervention plan, the receiver shall\nconsult with local stakeholders such as: (a) the board of education; (b)\nthe superintendent of schools; (c) the building principal; (d) teachers\nassigned to the school and their collective bargaining representative;\n(e) school administrators assigned to the school and their collective\nbargaining representative; (f) parents and guardians of students\nattending the school or their representatives; (g) representatives of\napplicable state and local social service, health and mental health\nagencies; (h) as appropriate, representatives of local career education\nproviders, state and local workforce development agencies and the local\nbusiness community; (i) for elementary schools, representatives of local\nprekindergarten programs; (j) students attending the school as\nappropriate; (k) as needed for middle schools, junior high schools,\ncentral schools or high schools, representatives of local higher\neducation institutions; and (l) the school stakeholder team set forth in\nsubdivision one-a of this section.\n  4. In creating the school intervention plan, the receiver shall (i)\nconsider the recommendations developed by the community engagement team\nset forth in subdivision one-a of this section; (ii) include provisions\nintended to maximize the rapid academic achievement of students at the\nschool; and (iii) ensure that the plan addresses school leadership and\ncapacity, school leader practices and decisions, curriculum development\nand support, teacher practices and decisions, student social and\nemotional developmental health, and family and community engagement. The\nreceiver shall, to the extent practicable, base the plan on the findings\nof any recent diagnostic review or assessment of the school that has\nbeen conducted and, as applied to the school, student outcome data\nincluding, but not limited to: (a) student achievement growth data based\non state measures; (b) other measures of student achievement; (c)\nstudent promotion and graduation rates; (d) achievement and growth data\nfor the subgroups of students used in the state's accountability system;\n(e) student attendance; and (f) long-term and short-term suspension\nrates.\n  5. (a) The receiver shall include the following in the school\nintervention plan: (i) measures to address social service, health and\nmental health needs of students in the school and their families in\norder to help students arrive and remain at school ready to learn;\nprovided that this may include mental health and substance abuse\nscreening; (ii) measures to improve or expand access to child welfare\nservices and, as appropriate, services in the school community to\npromote a safe and secure learning environment; (iii) as applicable,\nmeasures to provide greater access to career and technical education and\nworkforce development services provided to students in the school and\ntheir families in order to provide students and families with meaningful\nemployment skills and opportunities; (iv) measures to address\nachievement gaps for English language learners, students with\ndisabilities and economically disadvantaged students, as applicable; (v)\nmeasures to address school climate and positive behavior support,\nincluding mentoring and other youth development programs; and (vi) a\nbudget for the school intervention plan.\n  (b) As necessary, the commissioner and the commissioners of the\ndepartment of health, the office of children and family services, the\ndepartment of labor and other applicable state and local social service,\nhealth, mental health and child welfare officials shall coordinate\nregarding the implementation of the measures described in subparagraphs\n(i) through (iii) of paragraph (a) of this subdivision that are included\nin the school intervention plan and shall, subject to appropriation,\nreasonably support such implementation consistent with the requirements\nof state and federal law applicable to the relevant programs that each\nsuch official is responsible for administering, and grant failing\nschools priority in competitive grants, as allowable before and during\nthe period of receivership.\n  6. In order to assess the school across multiple measures of school\nperformance and student success, the school intervention plan shall\ninclude measurable annual goals including, but not limited to, the\nfollowing: (a) student attendance; (b) student discipline including but\nnot limited to short-term and long-term suspension rates; (c) student\nsafety; (d) student promotion and graduation and drop-out rates; (e)\nstudent achievement and growth on state measures; (f) progress in areas\nof academic underperformance; (g) progress among the subgroups of\nstudents used in the state's accountability system; (h) reduction of\nachievement gaps among specific groups of students; (i) development of\ncollege and career readiness, including at the elementary and middle\nschool levels; (j) parent and family engagement; (k) building a culture\nof academic success among students; (l) building a culture of student\nsupport and success among faculty and staff; (m) using developmentally\nappropriate child assessments from pre-kindergarten through third grade,\nif applicable, that are tailored to the needs of the school; and (n)\nmeasures of student learning.\n  7. (a) Notwithstanding any general or special law to the contrary, in\ncreating and implementing the school intervention plan, the receiver\nshall, after consulting with stakeholders and the community engagement\nteam, convert schools to community schools to provide expanded health,\nmental health and other services to the students and their families.\nIn addition, the receiver may: (i) review and if necessary expand, alter\nor replace the curriculum and program offerings of the school, including\nthe implementation of research-based early literacy programs, early\ninterventions for struggling readers and the teaching of advanced\nplacement courses or other rigorous nationally or internationally\nrecognized courses, if the school does not already have such programs or\ncourses; (ii) replace teachers and administrators, including school\nleadership who are not appropriately certified or licensed; (iii)\nincrease salaries of current or prospective teachers and administrators\nto attract and retain high-performing teachers and administrators; (iv)\nestablish steps to improve hiring, induction, teacher evaluation,\nprofessional development, teacher advancement, school culture and\norganizational structure; (v) reallocate the uses of the existing budget\nof the school; (vi) expand the school day or school year or both of the\nschool; (vii) for a school that offers the first grade, add\npre-kindergarten and full-day kindergarten classes, if the school does\nnot already have such classes; (viii) in accordance with paragraphs (b)\nand (c) of this subdivision, to abolish the positions of all members of\nthe teaching and administrative and supervisory staff assigned to the\nfailing or persistently failing school and terminate the employment of\nany building principal assigned to such a school, and require such staff\nmembers to reapply for their positions in the school if they so choose;\n(ix) include a provision of a job-embedded professional development for\nteachers at the school, with an emphasis on strategies that involve\nteacher input and feedback; (x) establish a plan for professional\ndevelopment for administrators at the school, with an emphasis on\nstrategies that develop leadership skills and use the principles of\ndistributive leadership; and/or (xi) order the conversion of a school in\nreceivership that has been designated as failing or persistently failing\npursuant to this section into a charter school, provided that such\nconversion shall be subject to article fifty-six of this chapter and\nprovided further that such charter conversion school shall operate\npursuant to such article and provided further that such charter\nconversion school shall operate consistent with a community schools\nmodel and provided further that such conversion charter school shall be\nsubject to the provisions in subdivisions three, four, five, six, nine,\nten, eleven, twelve and thirteen of this section.\n  (b) Notwithstanding any other provision of law, rule or regulation to\nthe contrary, upon designation of any school of the school district as a\nfailing or persistently failing school pursuant to this section, the\nabolition of positions of members of the teaching and administrative and\nsupervisory staff of the school shall thereafter be governed by the\napplicable provisions of section twenty-five hundred ten, twenty-five\nhundred eighty-five, twenty-five hundred eighty-eight or three thousand\nthirteen of this chapter as modified by this paragraph. A classroom\nteacher or building principal who has received two or more composite\nratings of ineffective on an annual professional performance review\nshall be deemed not to have rendered faithful and competent service\nwithin the meaning of section twenty-five hundred ten, twenty-five\nhundred eighty-five, twenty-five hundred eighty-eight or three thousand\nthirteen of this chapter. When a position of a classroom teacher or\nbuilding principal is abolished, the services of the teacher or\nadministrator or supervisor within the tenure area of the position with\nthe lowest rating on the most recent annual professional performance\nreview shall be discontinued, provided that seniority within the tenure\narea of the position shall be used solely to determine which position\nshould be discontinued in the event of a tie.\n  (c) The receiver may abolish the positions of all teachers and\npedagogical support staff, administrators and pupil personnel service\nproviders assigned to a school designated as failing or persistently\nfailing pursuant to this section and require such staff members to\nreapply for new positions if they so choose. The receiver shall define\nnew positions for the school aligned with the school intervention plan,\nincluding selection criteria and expected duties and responsibilities\nfor each position. For administrators and pupil personnel service\nproviders, the receiver shall have full discretion over all such\nrehiring decisions. For teachers and pedagogical support staff, the\nreceiver shall convene a staffing committee including the receiver, two\nappointees of the receiver and two appointees selected by the school\nstaff or their collective bargaining unit. The staffing committee will\ndetermine whether former school staff reapplying for positions are\nqualified for the new positions. The receiver shall have full discretion\nregarding hiring decisions but must fill at least fifty percent of the\nnewly defined positions with the most senior former school staff who are\ndetermined by the staffing committee to be qualified. Any remaining\nvacancies shall be filled by the receiver in consultation with the\nstaffing committee. Notwithstanding any other provision of law to the\ncontrary, a member of the teaching and pedagogical support,\nadministrative, or pupil personnel service staff who is not rehired\npursuant to this paragraph shall not have any right to bump or displace\nany other person employed by the district, but shall be placed on a\npreferred eligibility list in accordance with the applicable provisions\nof section twenty-five hundred ten, twenty-five hundred eighty-five,\ntwenty-five hundred eighty-eight or three thousand thirteen of this\nchapter. Teachers rehired pursuant to this paragraph shall maintain\ntheir prior status as tenured or probationary, and a probationary\nteacher's probation period shall not be changed.\n  (d) For a school with English language learners, the professional\ndevelopment and planning time for teachers and administrators identified\nin clauses (vi) and (vii) of the closing paragraph of paragraph (a) of\nthis subdivision, shall include specific strategies and content designed\nto maximize the rapid academic achievement of the English language\nlearners.\n  8. (a) In order to maximize the rapid achievement of students at the\napplicable school, the receiver may request that the collective\nbargaining unit or units representing teachers and administrators and\nthe receiver, on behalf of the board of education, negotiate a\nreceivership agreement that modifies the applicable collective\nbargaining agreement or agreements with respect to any failing schools\nin receivership applicable during the period of receivership. The\nreceivership agreement may address the following subjects: the length of\nthe school day; the length of the school year; professional development\nfor teachers and administrators; class size; and changes to the\nprograms, assignments, and teaching conditions in the school in\nreceivership. The receivership agreement shall not provide for any\nreduction in compensation unless there shall also be a proportionate\nreduction in hours and shall provide for a proportionate increase in\ncompensation where the length of the school day or school year is\nextended. The receivership agreement shall not alter the remaining terms\nof the existing/underlying collective bargaining agreement which shall\nremain in effect.\n  (b) The bargaining shall be conducted between the receiver and the\ncollective bargaining unit in good faith and completed not later than\nthirty days from the point at which the receiver requested that the\nbargaining commence. The agreement shall be subject to ratification\nwithin ten business days by the bargaining unit members in the school.\nIf the parties are unable to reach an agreement within thirty days or if\nthe agreement is not ratified within ten business days by the bargaining\nunit members of the school, the parties shall submit any remaining\nunresolved issues to the commissioner who shall resolve any unresolved\nissues within five days, in accordance with standard collective\nbargaining principles.\n  (c) For purposes only for schools designated as failing pursuant to\nsubparagraph (ii) of paragraph (c) of subdivision one of this section,\nbargaining shall be conducted between the receiver and the collective\nbargaining unit in good faith and completed not later than thirty days\nfrom the point at which the receiver requested that the bargaining\ncommence. The agreement shall be subject to ratification within ten\nbusiness days by the bargaining unit members of the school. If the\nparties are unable to reach an agreement within thirty days or if the\nagreement is not ratified within ten business days by the bargaining\nunit members of the school, a conciliator shall be selected through the\nAmerican Arbitration Association, who shall forthwith forward to the\nparties a list of three conciliators, each of whom shall have\nprofessional experience in elementary and secondary education, from\nwhich the parties may agree upon a single conciliator provided, however,\nthat if the parties cannot select a conciliator from among the three\nwithin three business days, the American Arbitration Association shall\nselect a conciliator from the list of names within one business day, and\nthe conciliator shall resolve all outstanding issues within five days.\nAfter such five days, if any unresolved issues remain, the parties shall\nsubmit such issues to the commissioner who shall resolve such issues\nwithin five days, in accordance with standard collective bargaining\nprinciples.\n  9. A final school intervention plan shall be submitted to the\ncommissioner for approval and, upon approval, shall be issued by the\nreceiver within six months of the receiver's appointment. A copy of such\nplan shall be provided to the board of education, the superintendent of\nschools and the collective bargaining representatives of teachers and\nadministrators of the school district. The plan shall be publicly\navailable and shall be posted on the department's website and the school\ndistrict's website, and the school district shall provide notice to\nparents of such school intervention plan and its availability.\n  10. Each school intervention plan shall be authorized for a period of\nnot more than three years. The receiver may develop additional\ncomponents of the plan and shall develop annual goals for each component\nof the plan in a manner consistent with this section, all of which must\nbe approved by the commissioner. The receiver shall be responsible for\nmeeting the goals of the school intervention plan.\n  11. The receiver shall provide a written report to the board of\neducation, the commissioner, and the board of regents on a quarterly\nbasis to provide specific information about the progress being made on\nthe implementation of the school intervention plan. One of the quarterly\nreports shall be the annual evaluation of the intervention plan under\nsubdivision twelve of this section.\n  12. (a) The commissioner shall, in consultation and cooperation with\nthe district and the school staff, evaluate each school with an\nappointed receiver at least annually. The purpose of the evaluation\nshall be to determine whether the school has met the annual goals in its\nschool intervention plan and to assess the implementation of the plan at\nthe school. The evaluation shall be in writing and shall be submitted to\nthe superintendent and the board of education not later than September\nfirst for the preceding school year. The evaluation shall be submitted\nin a format determined by the commissioner.\n  (b) If the commissioner determines that the school has met the annual\nperformance goals stated in the school intervention plan, the evaluation\nshall be considered sufficient and the implementation of the school\nintervention plan shall continue. If the commissioner determines that\nthe school has not met one or more goals in the plan, the commissioner\nmay require modification of the plan.\n  13. Upon the expiration of a school intervention plan for a school\nwith an appointed receiver, the commissioner, in consultation and\ncooperation with the district, shall conduct an evaluation of the school\nto determine whether the school has improved sufficiently, requires\nfurther improvement or has failed to improve. On the basis of such\nreview, the commissioner, in consultation and cooperation with the\ndistrict, may:  (a) renew the plan with the receiver for an additional\nperiod of not more than three years; (b) if the failing or persistently\nfailing school remains failing and the terms of the plan have not been\nsubstantially met, terminate the contract with the receiver and appoint\na new receiver; or (c) determine that the school has improved\nsufficiently for the designation of failing or persistently failing to\nbe removed.\n  14. Nothing in this section shall prohibit the commissioner or a local\ndistrict from closing a school pursuant to the regulations of the\ncommissioner.\n  15. The commissioner shall be authorized to adopt regulations to carry\nout the provisions of this section.\n  16. The commissioner shall report annually to the governor and the\nlegislature on the implementation and fiscal impact of this section. The\nreport shall include, but not be limited to, a list of all schools\ncurrently designated as failing or persistently failing and the\nstrategies used in each of the schools to maximize the rapid academic\nachievement of students.\n  17. The commissioner shall provide any relevant data that is needed to\nimplement and comply with the requirements of the chapter of the laws of\ntwo thousand fifteen which added this section to any school district\nthat has a school or schools designated as failing or persistently\nfailing pursuant to this section by August fifteenth of each year, to\nthe fullest extent practicable. Provided that the commissioner shall\nprovide guidance to districts and may establish a model intervention\nplan. And provided further, that the commissioner shall make available\nto the public any school intervention plan, or other department-approved\nintervention model or comprehensive education plan of a school or\ndistrict provided that such measures are consistent with all federal and\nstate privacy laws.\n
N.Y. EDN Law § 455 — New York Code / Act EDN / Title 1 / Article 10 / Section 455
Relationship with the board of education and the city of New York
Status: in_force

§ 455. Relationship with the board of education and the city of New\nYork.  In order most effectively to carry out its corporate purposes,\nthe fund shall cooperate with the director of management and budget and\nthe board of education of the city of New York in matters relating to\nland acquisition and capital planning for school buildings and\nfacilities.  During the course of construction, reconstruction,\nrehabilitation and improvement of combined occupancy structures the fund\nshall consult with personnel of such board as the work progresses in\nmatters relating to space requirements, site plans, architectural\nconcept, and substantial changes in the plans and specifications\ntherefor, and in matters relating to the original furnishings,\nequipment, machinery and apparatus needed to furnish and equip the\nschool portion of such buildings and structures, upon the completion of\nwork.  The board, on its part, shall perform such functions and services\nfor the fund as may be requested and the fund shall pay to the board,\nfrom any monies of the fund available for such purpose, the reasonable\ncost of such functions and services.\n
N.Y. VAT Law § 130 — New York Code / Act VAT / Title 1 / Article 1 / Section 130
Pedestrian
Status: in_force

§ 130. Pedestrian. Any person afoot or in a wheelchair.\n
N.Y. RPT Law § 1202 — New York Code / Act RPT / Article 12 / Title 1 / Section 1202
Establishment of state equalization rates and class ratios and class equalization rates
Status: in_force

§ 1202. Establishment of state equalization rates and class ratios and\nclass equalization rates. 1. (a) Upon final completion of the assessment\nroll of each city, town and village, the commissioner shall inquire into\nand ascertain as near as may be the percentage of full value at which\ntaxable real property in such city, town or village is assessed, which\npercentage as finally determined as provided in this article shall be\nthe state equalization rate for such roll. In the case of a city in a\ncounty having a county department of assessment with the power to assess\nreal property, the commissioner also shall establish a state\nequalization rate for that portion of the county roll containing the\nassessments of taxable real property in such city.\n  (b) In the case of special assessing units as defined in section\neighteen hundred one of this chapter, the commissioner shall also\nascertain for the purposes of article seven of this chapter the ratio of\nthe assessed valuation to the full valuation of taxable real property\nfor each class of property established under article eighteen of this\nchapter, which percentages as finally determined as provided in this\narticle shall be the class ratios for each such class.\n  (c) In the case of special assessing units as defined in section\neighteen hundred one of this chapter and approved assessing units and\neligible non-assessing unit villages which have adopted the provisions\nof section nineteen hundred three of this chapter as defined in section\nnineteen hundred one of this chapter, the commissioner shall further\nascertain, for the purposes of section eighteen hundred three-a and\nsubdivision three of section nineteen hundred three of this chapter, the\npercentage of full value at which taxable real property in each class\nand each class in each portion has been assessed, which percentage as\nfinally determined as provided in this article shall be the class\nequalization rate for such class or such class in such portion.\n  2. In establishing state equalization rates, class ratios and class\nequalization rates the commissioner may, in its discretion, take\ntestimony and hear proof under oath or otherwise, and may avail itself\nof all information appearing in its office or acquired in the discharge\nof its duties and may employ experts or other persons to procure any\ninformation required for such purpose.\n  3. All state equalization rates, special equalization rates, class\nratios and class equalization rates established by the commissioner\npursuant to law may be expressed to such number of decimal places as the\ncommissioner may determine, provided that the number of decimal places\nshall be uniform for all state equalization rates, special equalization\nrates, class ratios and class equalization rates established for\nassessment rolls completed in the same calendar year.\n  4. For purposes of this article, the assessment roll of a village that\nhas enacted a local law pursuant to the provisions of subdivision three\nof section fourteen hundred two of this chapter shall be the copy of the\npart of the town or county assessment roll used for village tax purposes\nsubsequent to the enactment of such local law and the state equalization\nrate established by the commissioner for the town or county assessment\nroll shall be deemed to be the state equalization rate established for\nthe village.\n  5. State equalization rates established by the commissioner may be\nbased upon such market value survey or surveys as the commissioner may\ndesignate for that purpose, subject to the following:\n  (a) the market value survey or surveys so designated shall be uniform\nfor state equalization rates established for all city and town\nassessment rolls completed in the same calendar year;\n  (b) for special assessing units and approved assessing units and\neligible non-assessing unit villages which have adopted the provisions\nof section nineteen hundred three of this chapter, the market value\nsurvey or surveys so designated for class equalization rates for any\nassessment roll shall be the same as those designated for state\nequalization rates for that assessment roll;\n  (c) the state equalization rate for the assessment roll of a village\nwhose boundaries are coterminous with the boundaries of a union free\nschool district shall be based upon the same market value survey or\nsurveys as the survey or surveys used for state equalization rates for\ncity and town assessment rolls finally completed and filed in the same\ncalendar year as the assessment roll of such village;\n  (d) the state equalization rate for a village other than those\nvillages described in subdivision four of this section and paragraph (b)\nof this subdivision shall be based upon the same market value survey or\nsurveys used for the establishment of the state equalization rate of the\nappropriate town or county assessment roll.\n
N.Y. ENV Law § 57-0109 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0109
Establishment of Long Island Pine Barrens maritime reserve; core preservation area and compatible growth area
Status: in_force

§ 57-0109. Establishment of Long Island Pine Barrens maritime reserve;\n             core preservation area and compatible growth area.\n  1. The region encompassing and distinguished by the Peconic Bay\nsystem, lands which gather and transmit precipitation as either\ngroundwater or runoff into the Peconic Bay system, lands characterized\nby the growth of pitch pine, dwarf pine and/or scrub oak pine barrens\nincluding lands currently under the review and jurisdiction of the\nSuffolk county Pine Barrens review commission and lands used in\ntraditional patterns for agriculture, finfishing, shellfishing and\ntourism and made up of all lands and waters located in the towns of\nRiverhead, Southold, Shelter Island, Southampton and East Hampton and\nthe portion of the town of Brookhaven east of a north south line defined\nby extending County Road 83 to the northern most and southern most\nextension to their respective water boundaries of Brookhaven town and\nthe town's incorporated villages is hereby established and designated to\nbe the Long Island Pine Barrens Maritime reserve.\n  2. Within the reserve and within forty-five days of the effective date\nof this subdivision, the commission shall file with the secretary of\nstate the maps of the Central Pine Barrens area classifying and\ndepicting the core preservation area as defined, which comprises the\nlargest essentially intact areas of undeveloped pine barrens ecology,\nand the compatible growth area where appropriate patterns of development\nand regional growth shall be permitted and shall file a certified copy\nthereof with the county clerk of Suffolk county and the clerk of each\ntown or village whose boundaries are included within the Central Pine\nBarrens area. Notice of the filing and availability of such map shall be\npublished at least twice in the paper of general circulation in the\ncounty of Suffolk. An affected property owner may petition the\ncommission for precise delineation or adjustment of boundary as it\napplies to the affected property. The commission shall have\ndiscretionary powers to modify the boundaries of the core preservation\narea by up to three hundred feet as circumstances warrant after\nnotification to the affected property owner or owners, except no\nboundary defined by a state or county highway or navigable waterway\nshall be modified to extend beyond such highway or waterway.\n
N.Y. EDN Law § 180 — New York Code / Act EDN / Title 1 / Article 3 / Part 5 / Section 180
Definitions
Status: in_force

§ 180. Definitions. Wherever used in this part V of this article:\n  1. The term "eligible employee" means each employee of the education\ndepartment who occupies a position which is designated by the\ncommissioner as requiring the rendering of professional services within\nthe field of supervision of higher education, and who, at the time of\nhis initial employment with the department or within one year prior\nthereto, owns or owned a contract which may legally be continued\npursuant to this part. An eligible employee who has elected to be\ncovered by the education department optional retirement program shall\nnot be deemed ineligible by virtue of a subsequent assignment within the\neducation department to a sphere of responsibility outside of the field\nof supervision of higher education. No person receiving a retirement\nbenefit from any retirement or pension system of New York state or any\npolitical subdivision thereof shall be eligible to elect the education\ndepartment optional retirement program.\n  2. The term "education department optional retirement program" means\nthe retirement program established pursuant to part V of this article.\n  3. The term "electing employee" means any eligible employee who\nexercises his election pursuant to this part V of this article to\nparticipate in the education department optional retirement program.\n  4. The term "state salary" means all amounts paid by or for the state\nas compensation for services rendered by an eligible employee.\n  5. The term "insurer" means a life insurance corporation, or other\ncorporation, subject to department of financial services supervision.\n
N.Y. EDN Law § 355-C — New York Code / Act EDN / Title 1 / Article 8 / Section 355-C
College opportunity to prepare for employment
Status: in_force

§ 355-c. College opportunity to prepare for employment.  1. The state\nuniversity is authorized to enter into an agreement with the department\nof social services for the establishment of the college opportunity to\nprepare for employment (COPE) program for the development of a program\nof allowable activities and services for eligible participants in the\nfederal job opportunity and basic skills (JOBS) program.\n  2. The state university shall identify such funds as necessary,\nincluding any private funds provided for the purpose of supporting\nemployment and training services, to be used on a matching basis\nconsistent with federal requirements.\n  3. Services may include, but are not limited to, high school\nequivalency, basic education, job skills training, English-as-a-second\nlanguage, job readiness training, job placement services, case\nmanagement, career counseling and assessment, employability planning,\nsupportive services such as child care, and a youth demonstration\nactivity providing an integrated program of high school equivalency,\noccupational training, work experience, and job placement.\n  4. The state university shall submit an annual evaluation and report\non the college opportunity to prepare for employment program to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate, the chairman  of the assembly ways and means committee, the\nchairman of the senate finance committee, and the chair of the\nlegislative commission on skills development and career education no\nlater than October thirty-first following the program year ending June\nthirtieth. The evaluation and report shall include, at a minimum, a\ndescription of services provided, participant characteristics, data on\nmeasures of educational and job skills gains, job development and\nplacement, and retention.\n
N.Y. EDN Law § 907 — New York Code / Act EDN / Title 1 / Article 19 / Section 907
Use of sunscreen
Status: in_force

§ 907. Use of sunscreen. The board of education or trustees of each\nschool district and board of cooperative educational services, and the\ngoverning body of each private elementary, middle and secondary school,\nshall allow students to carry and use topical sunscreen products\napproved by the federal Food and Drug Administration for\nover-the-counter use for the purpose of avoiding overexposure to the sun\nand not for medical treatment of an injury or illness, with the written\npermission of the parent or guardian of the student. A record of such\npermission shall be maintained by the school. A student who is unable to\nphysically apply sunscreen may be assisted by unlicensed personnel when\ndirected to do so by the student, if permitted by a parent or guardian\nand authorized by the school.\n
N.Y. RPT Law § 525 — New York Code / Act RPT / Article 5 / Title 1-A / Section 525
Hearing and determination of complaints and ratification of assessment stipulations
Status: in_force

§ 525. Hearing and determination of complaints and ratification of\nassessment stipulations. 1. The board of assessment review shall fix the\nplace or places for the hearing of complaints in relation to assessments\nand fix the hours of such hearing, which hours shall be for a period of\nat least four hours, not necessarily continuous between nine o'clock in\nthe morning and ten o'clock in the evening but in no event less than two\nhours after six o'clock in the evening.\n  2. (a) On the date required by law, the board of assessment review\nshall meet to hear complaints in relation to assessments. At such\nhearing, the board of assessment review may administer oaths, take\ntestimony and hear proofs in regard to any complaint and the assessment\nto which it relates. If not satisfied that such assessment is excessive,\nunequal or unlawful, or that real property is misclassified, the board\nmay require the person whose real property is assessed, or his or her\nagent or representative, or any other person, to appear before the board\nand be examined concerning such complaint, and to produce any papers\nrelating to such assessment. If the person whose real property is\nassessed, or his or her agent or representative, shall willfully neglect\nor refuse to attend and be so examined, or to answer any question put to\nhim or her relevant to the complaint or assessment, such person shall\nnot be entitled to any reduction of the assessment subject to the\ncomplaint.  Minutes of the examination of every person examined upon the\nhearing of any complaint shall be taken and filed in the office of the\ncity or town clerk. The assessor shall have the right to be heard on any\ncomplaint and upon his or her request his or her remarks with respect to\nany complaint shall be recorded in the minutes of the board; provided,\nhowever, that when an assessor is employed by more than one assessing\nunit, such assessor may designate a member or members of his or her\nstaff to act on behalf of such assessor before any board or boards of\nassessment review. Every member of an assessor's staff, who is\ndesignated to act on behalf of such assessor before a board of\nassessment review, shall have all powers and authority of the assessor\nwho designated him or her. Such remarks may be made only in open and\npublic session of the board of assessment review.\n  (b) The chairman of the board of assessment review shall, prior to\nadjourning the hearing, designate the dates on which the board of\nassessment review shall convene to review petitions filed in accordance\nwith section five hundred fifty-three of this article for the correction\nof final assessment rolls.\n  3. (a) The board of assessment review shall thereafter determine the\nfinal assessed valuation or taxable assessed valuation, or the actual\nassessment or transition assessment, or the proper class designation of\nthe real property of each complainant and shall ratify assessment\nstipulations entered into by the assessor and the complainant. When a\ncomplainant specifies that the assessment is unequal and the property is\nimproved by a one, two or three family residence, in addition to other\nevidence presented, the board of assessment review shall consider the\nresidential assessment ratio determined pursuant to section seven\nhundred thirty-eight of this chapter.\n  (b) The final assessed valuation or taxable assessed valuation of real\nproperty may be the same as or less than the original assessment. If the\nreal property is partially exempt from taxation, and its total assessed\nvalue is reduced by the board of assessment review, but the verified\nstatement prepared by such board does not specify how much of the total\nassessed value, as so reduced, is exempt from taxation, the exemption\nshall be reduced so as to preserve the ratio of taxable assessed value\nto total assessed value that existed on the tentative assessment roll.\n  (c) If the assessment is determined to be unlawful, it shall be\nordered stricken from the roll or where appropriate entered on the\nexempt portion of the roll. If it is determined that real property is\nmisclassified, the correct class designation or allocation of assessed\nvaluation shall be ordered entered on the roll.\n  4. The members of the board of assessment review or a majority of them\nshall prepare and verify a statement showing the changes determined to\nbe made by them in the assessments. Such verified statement shall also\ninclude the assessment stipulations entered into by the assessor and the\ncomplainant and as ratified by the board of assessment review. Such\nverified statement shall be delivered to the assessor on or before the\ndate required by law for the final completion of the assessment roll or\nin the event the law applicable to the local government fixes an earlier\ndate subsequent to which changes in assessments may not be made, on or\nbefore such date.\n  On or before the date the verified statement of changes made by the\nboard of assessment review is delivered to the assessor, the board of\nassessment review shall mail to each complainant a notice of the board's\ndetermination of his or her assessment, but no notice of the board's\nratification of a stipulated assessment shall be required. Such notice\nshall contain a statement of the reasons for such determination. Such\nnotice shall also contain the statement "If you are dissatisfied with\nthe determination of the board of assessment review, you may seek\njudicial review of your assessment pursuant to article seven of the real\nproperty tax law. If you are the owner of a one, two or three family\nresidential structure and reside at such residence, or, if you are the\nowner of unimproved property which is not of sufficient size as\ndetermined by your assessing unit to contain a one, two or three family\nresidential structure, you may seek small claims assessment review\npursuant to title one-A of article seven of the real property tax law".\nSuch notice shall also state the last date to file petitions for\njudicial review and the location where small claims assessment review\npetitions may be obtained. Failure to mail any such notice or failure of\nthe complainant to receive the same shall not affect the validity of the\nassessment.\n
N.Y. SOS Law § 371 — New York Code / Act SOS / Article 6 / Title 1 / Section 371
Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...
Status: in_force

§ 371. Definitions\n  Unless the context or the subject matter manifestly requires a\ndifferent interpretation, when used in this article or in any special\nact relating to children,\n  1. "Child" means a person actually or apparently under the age of\neighteen years;\n  2. "Abandoned child" means a child under the age of eighteen years who\nis abandoned by both parents, or by the parent having its custody, or by\nany other person or persons lawfully charged with its care or custody,\nin accordance with the definition and other criteria set forth in\nsubdivision five of section three hundred eighty-four-b;\n  3. "Destitute child" means:\n  (a) a child under the age of eighteen who is in a state of want or\nsuffering due to lack of sufficient food, clothing, shelter, or medical\nor surgical care; and:\n  (i) does not fit within the definition of an "abused child" or a\n"neglected child" as such terms are defined in section one thousand\ntwelve of the family court act; and\n  (ii) is without any parent or caretaker as such term is defined in\nsection one thousand ninety-two of the family court act, available to\nsufficiently care for him or her, due to:\n  (A) the death of a parent or caretaker; or\n  (B) the incapacity or debilitation of a parent or caretaker, where\nsuch incapacity or debilitation would prevent such parent or caretaker\nfrom being able to knowingly and voluntarily enter into a written\nagreement to transfer the care and custody of said child pursuant to\nsection three hundred fifty-eight-a or three hundred eighty-four-a of\nthe social services law; or\n  (C) the inability of the local social services district to locate any\nparent or caretaker, after making reasonable efforts to do so; or\n  (D) the parent or caretaker being physically located outside of the\nstate of New York and the local social services district is or has been\nunable to return said child to such parent or caretaker while or after\nmaking reasonable efforts to do so, unless the lack of such efforts is\nor was appropriate under the circumstances;\n  (b) a child who is under the age of eighteen years and absent from his\nor her legal residence without the consent of his or her parent, legal\nguardian or custodian; or\n  (c) a child under the age of eighteen who is without a place of\nshelter where supervision and care are available who is not otherwise\ncovered under paragraph (a) of this subdivision; or\n  (d) a person who is a former foster care youth under the age of\ntwenty-one who was previously placed in the care and custody or custody\nand guardianship of the local commissioner of social services or other\nofficer, board or department authorized to receive children as public\ncharges, and who was discharged from foster care due to a failure to\nconsent to continuation in placement, who has returned to foster care\npursuant to section one thousand ninety-one of the family court act.\n  4-a. "Neglected child" means a child less than eighteen years of age\n  (i) whose physical, mental or emotional condition has been impaired or\nis in imminent danger of becoming impaired as a result of the failure of\nhis parent or other person legally responsible for his care to exercise\na minimum degree of care\n  (A) in supplying the child with adequate food, clothing, shelter,\neducation, medical or surgical care, though financially able to do so or\noffered financial or other reasonable means to do so; or\n  (B) in providing the child with proper supervision or guardianship, by\nunreasonably inflicting or allowing to be inflicted harm, or a\nsubstantial risk thereof, including the infliction of excessive corporal\npunishment; or by misusing a drug or drugs; or by misusing alcoholic\nbeverages to the extent that he loses self-control of his actions; or by\nany other acts of a similarly serious nature requiring the aid of the\ncourt; provided, however, that where the respondent is voluntarily and\nregularly participating in a rehabilitative program, evidence that the\nrespondent has repeatedly misused a drug or drugs or alcoholic beverages\nto the extent that he loses self-control of his actions shall not\nestablish that the child is a neglected child in the absence of evidence\nestablishing that the child's physical, mental or emotional condition\nhas been impaired or is in imminent danger of becoming impaired as set\nforth in paragraph (i) of this subdivision; or\n  (ii) who has been abandoned by his parents or other person legally\nresponsible for his care.\n  4-b. "Abused child" means a child less than eighteen years of age\nwhose parent or other person legally responsible for his care\n  (i) inflicts or allows to be inflicted upon such child physical injury\nby other than accidental means which causes or creates a substantial\nrisk of death, or serious or protracted disfigurement, or protracted\nimpairment of physical or emotional health or protracted loss or\nimpairment of the function of any bodily organ, or\n  (ii) creates or allows to be created a substantial risk of physical\ninjury to such child by other than accidental means which would be\nlikely to cause death or serious or protracted disfigurement, or\nprotracted impairment of physical or emotional health or protracted loss\nor impairment of the function of any bodily organ, or\n  (iii) commits, or allows to be committed, an act of sexual abuse\nagainst such child as defined in the penal law.\n  5. "Juvenile delinquent" means a person as defined in section 301.2 of\nthe family court act.\n  6. "Person in need of supervision" means a person as defined in\nsection seven hundred twelve of the family court act.\n  7. "Dependent child" means a child who is in the custody of, or wholly\nor partly maintained by an authorized agency or an institution, society\nor other organization of charitable, eleemosynary, correctional, or\nreformatory character;\n  8. "Mentally disabled child" means a child who has a mental disability\nas defined in section 1.03 of the mental hygiene law;\n  9. "Physically handicapped child" means a child who, by reason of a\nphysical disability or infirmity, whether congenital or acquired by\naccident, injury or disease, is or may be expected to be totally or\npartially incapacitated for education or for remunerative occupation, as\nprovided in the education law, or is or may be expected to be\nhandicapped, as provided in the public health law;\n  10. "Authorized agency" means\n  (a) Any agency, association, corporation, institution, society or\nother organization which is incorporated or organized under the laws of\nthis state with corporate power or empowered by law to care for, to\nplace out or to board out children, which actually has its place of\nbusiness or plant in this state and which is approved, visited,\ninspected and supervised by the office of children and family services\nor which shall submit and consent to the approval, visitation,\ninspection and supervision of such office as to any and all acts in\nrelation to the welfare of children performed or to be performed under\nthis title; provided, however, that on and after June first, two\nthousand seven, such term shall not include any for-profit corporation\nor other for-profit entity or organization for the purposes of the\noperation, management, supervision or ownership of agency boarding\nhomes, group homes, homes including family boarding homes of family free\nhomes, or institutions which are located within this state;\n  (b) Any court or any social services official of this state authorized\nby law to place out or to board out children or any Indian tribe that\nhas entered into an agreement with the department pursuant to section\nthirty-nine of this chapter;\n  (c) Any agency, association, corporation, institution, society or\nother organization which is not incorporated or organized under the laws\nof this state, placing out a child for adoption whose admission to the\nUnited States as an eligible orphan with non-quota immigrant status\npursuant to the federal immigration and nationality act is sought for\nthe purpose of adoption in the State of New York or who has been brought\ninto the United States with such status and for such purpose, provided,\nhowever, that such agency, association, corporation, institution,\nsociety or other organization is licensed or otherwise authorized by\nanother state to place out children for adoption, that such agency,\nassociation, corporation, institution, society or other organization is\napproved by the department to place out such children with non-quota\nimmigrant status for adoption in the State of New York, and provided\nfurther, that such agency, association, corporation, institution,\nsociety or other organization complies with the regulations of the\ndepartment pertaining to such placements. Notwithstanding any other\nprovision of law to the contrary, such agency shall be limited in its\nfunctioning as an authorized agency to the placing out and adoption of\nsuch children. This paragraph shall not require the department to\napprove any such agency, association, corporation, institution, society\nor other organization which is located in a state which is a party to\nthe interstate compact on the placement of children.\n  11. "Custody" means custody in pursuance of or in compliance with\nexpressed provisions of law;\n  12. "Place out" means to arrange for the free care of a child in a\nfamily other than that of the child's parent, step-parent, grandparent,\nbrother, sister, uncle, or aunt or legal guardian, for the purpose of\nadoption or for the purpose of providing care;\n  13. "Place" or "commit" includes replace and recommit;\n  14. "Board out" means to arrange for the care of a child in a family,\nother than that of the child's parent, step-parent or legal guardian, to\nwhom payment is made or agreed to be made for care and maintenance.\n  15. "Home" includes a family boarding home or a family free home.\n  16. agency boarding home shall mean a family-type home for children\nand/or for minors operated by an authorized agency, in quarters or\npremises owned, leased or otherwise under the control of such agency,\nfor the purpose of providing care and maintenance therein for children\nor minors under the care of such agency.\n  17. "Group home" shall mean a facility for the care and maintenance of\nnot less than seven, nor more than twelve children, who are at least\nfive years of age, operated by an authorized agency except that such\nminimum age shall not be applicable to siblings placed in the same\nfacility nor to children whose mother is placed in the same facility.\n  18. "Public institution for children" shall mean an institution which\nis established and maintained by a public welfare district for the\npurpose of providing care and maintenance therein for children and\nminors for whose care such district is responsible and who require care\naway from their own homes.\n  19. "Foster parent" shall mean any person with whom a child, in the\ncare, custody or guardianship of an authorized agency, is placed for\ntemporary or long-term care, and "foster child" shall mean any person,\nin the care, custody or guardianship of an authorized agency, who is\nplaced for temporary or long-term care.\n  20. "Therapeutic foster parent" means a foster parent who is certified\nor licensed pursuant to section three hundred seventy-five or section\nthree hundred seventy-six of this article, or otherwise approved and who\nhas successfully completed a training program developed by professionals\nexperienced in treating children who exhibit high levels of disturbed\nbehavior, emotional disturbance or physical or health needs. For any\nsuch child placed in their care, such parent shall assist in the\nimplementation of the therapeutic treatment portion of the family\nservice plan required by section four hundred nine-e of this article.\n  21. "Supervised independent living program" shall mean one or more of\na type of agency boarding home operated and certified by an authorized\nagency in accordance with the regulations of the office of children and\nfamily services to provide a transitional experience for older youth\nwho, based upon their circumstances, are appropriate for transition to\nthe level of care and supervision provided in the program. Each\nsupervised independent living unit shall be located in the community\nseparate from any of the agency's other congregate dwellings.\n  * 22. "Supervised setting" shall mean a residential placement in the\ncommunity approved and supervised by an authorized agency or the local\nsocial services district in accordance with the regulations of the\noffice of children and family services to provide a transitional\nexperience for older youth in which such youth may live independently. A\nsupervised setting includes, but is not limited to, placement in a\nsupervised independent living program, as defined in subdivision\ntwenty-one of this section.\n  * NB There are 2 sb 22's\n  * 22. "Kinship caregiver" means a relative or non-relative who is\nacting as a parent and who:\n  (a) is related to the child through blood, marriage or adoption;\n  (b) is related to a half-sibling of the child through blood, marriage\nor adoption; or\n  (c) is an adult with a positive prior relationship with the child, a\nhalf-sibling of the child or the child's parent, including, but not\nlimited to, a step-parent, godparent, neighbor or family friend.\n  * NB There are 2 sb 22's\n
N.Y. PBH Law § 2956 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2956
Designation of upgraded diagnostic and treatment centers
Status: in_force

§ 2956.  Designation of upgraded diagnostic and treatment centers.  1.\nA  diagnostic  and  treatment  center  established  pursuant  to article\ntwenty-eight of this chapter, which is a participant in or a member of a\nrural health network, may request the  commissioner  to  authorize  such\ndiagnostic  and  treatment center to provide limited emergency services.\nSuch diagnostic and treatment center shall  be  designated  an  upgraded\ndiagnostic and treatment center upon the commissioner's approval of such\nrequest.\n  2.  The commissioner shall establish guidelines for the designation of\na  diagnostic  and  treatment  center  as  an  upgraded  diagnostic  and\ntreatment center pursuant  to  the  provisions  of  this  section.    In\nestablishing  such guidelines, the commissioner shall solicit input from\nhospitals, diagnostic and treatment centers and physicians.\n
N.Y. EDN Law § 344-C — New York Code / Act EDN / Title 1 / Article 7-A / Section 344-C
Additional test subject rights
Status: in_force

§ 344-c. Additional test subject rights.  A test subject who must\nretake a test because of an error by the test agency, may not be charged\nfor taking the retest.\n
N.Y. ENV Law § 3-0101 — New York Code / Act ENV / Article 3 / Title 1 / Section 3-0101
Continuation of department
Status: in_force

§ 3-0101. Continuation of department.\n  The Department of Environmental Conservation, which was established by\nchapter 140 of the Laws of 1970, is hereby continued, and all the\npowers, functions, duties and obligations possessed by the department\npursuant to such chapter immediately preceding the effective date of\nthis chapter are hereby continued.\n
N.Y. EDN Law § 112 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 112
Children in care; responsibility for education
Status: in_force

§ 112. Children in care; responsibility for education. 1. The\ndepartment shall establish and enforce standards of instruction,\npersonnel qualifications and other requirements for education services\nor programs, as determined by rules of the regents and regulations of\nthe commissioner, with respect to the individual requirements of\nchildren who are in full-time residential care in facilities or homes\noperated or supervised by any state department or agency or political\nsubdivision.  The department shall cooperate with the office of children\nand family services, the department of mental hygiene and local\ndepartments of social services with respect to educational and\nvocational training programs for children placed with, committed to or\nunder the supervision of such agencies. The department shall promulgate\nregulations requiring the cooperation of local school districts in\nfacilitating the prompt enrollment of children who are released or\nconditionally released from residential facilities operated by or under\ncontract with the office of children and family services, the department\nof mental hygiene and local departments of social services and in\nimplementing plans for release or conditional release submitted to the\nfamily court pursuant to paragraph (c) of subdivision seven of section\n353.3 of the family court act and the educational components of\npermanency hearing reports submitted pursuant to section one thousand\neighty-nine of the family court act.  Such regulations regarding the\neducational components of permanency hearing reports submitted pursuant\nto section one thousand eighty-nine of the family court act shall be\ndeveloped in conjunction with the office of children and family\nservices. Nothing herein contained shall be deemed to apply to\nresponsibility for the provision or payment of care, maintenance or\nother services subject to the provisions of the executive law, mental\nhygiene law, social services law or any other law.\n  2. The commissioner shall prepare a report and submit it to the\ngovernor, the speaker of the assembly and the temporary president of the\nsenate by December thirty-first, nineteen hundred ninety-six and on\nDecember thirty-first of each successive year. Such report shall\ncontain, for each facility operated by or under contract with the office\nof children and family services that provides educational programs, an\nassessment of each facility's compliance with the rules of the board of\nregents, the regulations of the commissioner, and this chapter. Such\nreport shall include, but not be limited to: the number of youth\nreceiving services under article eighty-nine of this chapter; the\noffice's activities undertaken as required by subdivisions one, two,\nfour and eight of section forty-four hundred three of this chapter; the\nnumber of youth receiving bilingual education services; the number of\nyouth eligible to receive limited English proficient services;\ninterviews with facility residents conducted during site visits; library\nservices; the ratio of teachers to students; the curriculum; the length\nof stay of each youth and the number of hours of instruction provided;\ninstructional technology utilized; the educational services provided\nfollowing the release and conditional release of the youth, including,\nbut not limited to, the implementation of requirements for the\nenrollment of such youth in school contained in plans for release and\nconditional release submitted to the family court pursuant to paragraph\n(c) of subdivision seven of section 353.3 of the family court act and in\nthe educational components of permanency hearing reports submitted\npursuant to section one thousand eighty-nine of the family court act and\nthe compliance by local school districts with the regulations\npromulgated pursuant to subdivision one of this section; and any\nrecommendations to ensure compliance with the rules of regents,\nregulations of the commissioner, and this chapter.\n  3. The department shall conduct site visits every four years, with at\nleast one day's notice, of each facility operated by the office of\nchildren and family services that provides educational programs to\nensure compliance with rules of the board of regents, regulations of the\ncommissioner, and this chapter. Such site visits shall include personal\ninterviews with facility residents.\n  * 4. The commissioner shall establish procedures for administrative\nappeals to resolve interagency disputes between school districts and\nstate departments or agencies or political subdivisions over\nresponsibility for provision of, or payment for, special education\nprograms or services to children with disabilities in full-time\nresidential care in facilities or homes operated or supervised by such\nstate departments or agencies or political subdivisions. During the\npendency of any such appeal, the state department or agency responsible\nfor developing the student's individualized education program, or the\nschool district responsible for developing the student's individualized\neducation program where there is no state department or agency so\nresponsible, shall provide and pay for the special education programs\nand services on the student's individualized education program and may\nseek reimbursement in the appeal. The commissioner shall be authorized\nto make all orders that in the commissioner's judgment are proper or\nnecessary to give effect to the decision in the appeal. Upon a\ndetermination that a public agency has failed to provide or pay for such\nspecial education programs and services, the commissioner shall certify\nthe amount of such costs to the state comptroller and the state\ncomptroller to deduct such amount from any state funds that become due\nto such public agency.\n  * NB Repealed June 30, 2027\n
N.Y. PBA Law § 3102-E — New York Code / Act PBA / Article 10-A / Title 1 / Section 3102-E
Emerging technology industrial classifications
Status: in_force

§ 3102-e. Emerging technology industrial classifications. 1.\nDefinitions. As used in this section:\n  (a) "Department" shall mean the New York state department of taxation\nand finance.\n  * (b) "Emerging technologies" shall mean:\n  (1) advanced materials and processing technologies that involve the\ndevelopment, modification, or improvement of one or more materials or\nmethods to produce devices and structures with improved performance\ncharacteristics or special functional attributes, or to activate, speed\nup, or otherwise alter chemical, biochemical, or medical processes. Such\ntechnologies shall include, but not be limited to, the following: metal\nalloys, metal matrix and ceramic composites, advanced polymers, thin\nfilms, membranes, superconductors, electronic and photonic materials,\nbioactive materials, bioprocessing, genetic engineering, catalysts,\nwaste emissions reduction and waste processing technologies;\n  (2) engineering, production, and defense technologies that involve\nknowledge-based control systems and architectures, advanced fabrication\nand design processes, equipment, and tools, or propulsion, navigation,\nguidance, nautical, aeronautical and astronautical ground and airborne\nsystems, instruments, and equipment. Such technologies shall include,\nbut not be limited to, the following: computer-aided design and\nengineering, computer-integrated manufacturing, robotics and automated\nequipment, integrated circuit fabrication and test equipment, sensors,\nbiosensors, signal and image processing, medical and scientific\ninstruments, precision machining and forming, biological and genetic\nresearch equipment, environmental analysis, remediation, control, and\nprevention equipment, defense command and control equipment, avionics\nand controls, guided missile and space vehicle propulsion units,\nmilitary aircraft, space vehicles, and surveillance, tracking, and\ndefense warning systems;\n  (3) electronic and photonic devices and components for use in\nproducing electronic, optoelectronic, mechanical equipment and products\nof electronic distribution with interactive media content. Such\ntechnologies shall include, but not be limited to, the following:\nmicroprocessors, logic chips, memory chips, lasers, printed circuit\nboard technology, electroluminescent, liquid crystal, plasma, and vacuum\nfluorescent displays, optical fibers, magnetic and optical information\nstorage, optical instruments, lenses, and filters, simplex and duplex\ndata bases, and solar cells;\n  (4) information and communication technologies, equipment and systems\nthat involve advanced computer software and hardware, visualization\ntechnologies, and human interface technologies. Such technologies shall\ninclude, but not be limited to, the following: operating and\napplications software, artificial intelligence, computer modeling and\nsimulation, high-level software languages, neural networks, processor\narchitecture, animation and full-motion video, graphics hardware and\nsoftware, speech and optical character recognition, high-volume\ninformation storage and retrieval, data compression, broadband\nswitching, multiplexing, digital signal processing, and spectrum\ntechnologies; and\n  (5) biotechnologies, which shall be defined as technologies involving\nthe scientific manipulation of living organisms, especially at the\nmolecular and/or the sub-molecular genetic level, to produce products\nconducive to improving the lives and health of plants, animals, and\nhumans; and the associated scientific research, pharmacological,\nmechanical, and computational applications and services connected with\nthese improvements. Activities included with such applications and\nservices shall include, but not be limited to, alternative mRNA\nsplicing, DNA sequence amplification, antigenetic switching,\nbioaugmentation, bioenrichment, bioremediation, chromosome walking,\ncytogenetic engineering, DNA diagnosis, fingerprinting, and sequencing,\nelectroporation, gene translocation, genetic mapping, site-directed\nmutagenesis, bio-transduction, bio-mechanical and bio-electrical\nengineering, and bio-informatics; and\n  (6) remanufacturing technologies, which shall be defined as processes\nwhereby eligible commodities are restored to their original performance\nstandards and are thereby diverted from the solid waste stream,\nretaining the majority of components that have been through at least one\nlife cycle and replacing consumable portions to enable such commodities\nto be restored to their original functions. For the purposes of this\nsubdivision, "eligible commodities" shall mean commodities (excluding\npaper) used in conjunction with or as a part of equipment performing the\nfunctions of facsimile machines, photocopiers, printers, duplication\nequipment, or any combination thereof, including, but not limited to the\nfollowing: magnetic ink character recognition cartridges, photo\nconductor assemblies, electrostatic cartridges, thermal imaging\ncartridges, toner cartridges, ink jet cartridges, and printer\ncartridges. Provided further, that "eligible commodities" shall also\ninclude equipment used to record single frame images on film, where such\nequipment and film are marketed and sold as a single integrated consumer\nproduct, and where such equipment and film may be submitted in whole to\na photograph processor for the purposes of processing.\n  * NB Applies to taxable years beginning on or after January 1, 2001\n  (c) "Qualified emerging technology company" shall mean a company\nlocated in New York state: (1) whose primary products or services are\nclassified as emerging technologies and whose total annual product sales\nare ten million dollars or less; or (2) a company which has research and\ndevelopment activities in New York state and whose ratio of research and\ndevelopment funds to net sales equals or exceeds the average ratio for\nall surveyed companies classified as determined by the National Science\nFoundation in the most recent published results from its Survey of\nIndustry Research and Development, or any comparable successor survey as\ndetermined by the department, and whose total annual product sales are\nten million dollars or less.\n  The definition of "research and development funds" shall be the same\nas that used by the National Science Foundation in the aforementioned\nsurvey.\n  2. The New York state science and technology foundation shall prepare\na report, no later than March thirty-first, two thousand four, analyzing\nthe effectiveness of the tax credits created by subdivisions twelve-E\nand twelve-F of section two hundred ten of the tax law, in light of\ntheir influence on the start-up, growth, and retention of emerging\ntechnology companies in the state, on job growth within high technology\ncompanies, and on the expansion of collaborative research and\ndevelopment undertaken by industry and academia. The department shall\nannually provide the New York state science and technology foundation\nwith aggregate statistics, pursuant to existing legal requirements for\nconfidentiality of taxpayer records, on the number of taxpayers applying\nfor such credits, the number of employees employed full time by\nqualified emerging technology companies, and the total amount and the\namount of incremental basic research payments, made to a qualified\norganization. This report shall be delivered to the governor, the\nspeaker of the assembly, the temporary president of the senate, and the\nchairpersons of the assembly committee on economic development, job\ncreation, commerce and industry and the senate committee on commerce,\neconomic development and small business.\n
N.Y. RPT Law § 526 — New York Code / Act RPT / Article 5 / Title 1-A / Section 526
Assessor's responsibilities
Status: in_force

§ 526. Assessor's responsibilities. 1. The notice of completion of the\ntentative assessment roll, published pursuant to section five hundred\nsix of this chapter, shall state that the assessors have completed the\ntentative assessment roll, that a copy thereof has been left with one of\ntheir number or the town clerk, as the case may be, at a specified place\nwhere it may be seen and examined by any person until the day specified\nby law for the hearing of complaints in relation to assessments, and\nthat on such day the board of assessment review will meet to hear\ncomplaints in relation to assessments at a specified time and place for\na period of at least four hours, not necessarily continuous, between\nnine o'clock in the morning and ten o'clock in the evening but in no\nevent less than two hours after six o'clock in the evening. In addition,\nsuch notice shall set forth (1) a statement that the assessor will be in\nattendance with such tentative assessment roll at a specified place\nduring a specified period of at least four hours not necessarily\ncontinuous, between nine o'clock in the morning and ten o'clock in the\nevening on at least four specified days after the first publication of\nsuch notice and before the day the board of assessment review is\nrequired to meet to hear complaints and (2) the date on which as\nrequired by law the board of assessment review will meet to hear\ncomplaints in relation to assessments of real property, the place of\nsuch meeting and the hours of such meeting as fixed by the board of\nassessment review and (3) a statement that a publication containing\nprocedures for contesting an assessment is available at the assessor's\noffice.\n  2. The tentative assessment roll shall be available for public\ninspection from the date the tentative roll is completed and filed until\nand including the day or days the board of assessment review meets to\nhear complaints. The assessor or his or her designee is required to be\nin attendance with such roll at a specified place during a period of at\nleast four hours not necessarily continuous between nine o'clock in the\nmorning and ten o'clock in the evening on at least four days during the\npublic inspection period prior to the day such board is required to meet\nto hear complaints; provided that at least two such days shall be at\nleast ten days subsequent to the filing of the tentative assessment\nroll, of which one day shall be a Saturday. On at least one of the four\ndays the hours of attendance by the assessor or his or her designee\nshall include not less than two hours after six o'clock in the evening.\nSuch number of days may be increased to more than four by local law.\n  3. On or before the day that the board of assessment review meets to\nhear complaints in relation to assessments, the assessor shall transmit\nto such board all complaints filed with and assessment stipulations\nentered into by him or her pursuant to section five hundred twenty-four\nof this title.\n  4. The assessor shall attend all hearings of the board of assessment\nreview; provided, however, that when an assessor is employed by more\nthan one assessing unit, such assessor may designate a member or members\nof his or her staff to attend, appear and act on behalf of such assessor\nbefore any board of assessment review. Every member of an assessor's\nstaff, who is designated to act on behalf of such assessor before a\nboard of assessment review, shall have all powers and authority of the\nassessor who designated him or her.\n  5. As soon as possible after receiving the verified statement prepared\nby the board of assessment review pursuant to subdivision four of\nsection five hundred twenty-five of this title, the assessor shall make\nthe changes in assessments on the assessment roll in accordance with\nsuch verified statement, shall certify on such verified statement that\nhe has recorded on the assessment roll the changes set forth in such\nverified statement and shall file such verified statement with the final\nassessment roll filed pursuant to section five hundred sixteen of this\narticle.\n
N.Y. VAT Law § 143 — New York Code / Act VAT / Title 1 / Article 1 / Section 143
Semitrailer
Status: in_force

§ 143. Semitrailer.  Any trailer which is so designed that when\noperated the forward end of its body or chassis rests upon the body or\nchassis of the towing vehicle.\n
N.Y. SOS Law § 42 — New York Code / Act SOS / Article 2-A / Title 1 / Section 42
Definitions
Status: in_force

§ 42. Definitions. As used in this article, the following terms shall\nhave the following meanings unless the context clearly requires\notherwise:\n  1. "Homeless project" shall mean a specific facility, including lands,\nbuildings and improvements acquired, constructed, renovated or\nrehabilitated and operated by a not-for-profit corporation, charitable\norganization, wholly owned subsidiary of a not-for-profit corporation or\nof a charitable organization, public corporation or a municipality to\nincrease the availability of housing for homeless persons, which may\ninclude other non-housing services such as but not limited to dining,\nrecreational, sanitary, social, medical and mental health services as\nmay be deemed by the commissioner to be essential to such a project.\n  2. "Homeless person" shall mean an undomiciled person  who is unable\nto secure permanent and stable housing without special assistance, as\ndetermined by the commissioner.\n  3. "Project cost" shall mean the cost of any or all undertakings\nnecessary for planning, financing, land acquisition, demolition,\nconstruction, rehabilitation, equipment and site development.\n  4. "Not-for-profit corporation" and "charitable organization" shall\nmean entities established pursuant to the not-for-profit corporation law\nor otherwise established pursuant to law.\n  5. "Public corporation" shall mean a municipal corporation, a district\ncorporation, or a public benefit corporation.\n
N.Y. PBH Law § 2100 — New York Code / Act PBH / Article 21 / Title 1 / Section 2100
Communicable diseases; local boards of health and health officers; powers and duties
Status: in_force

§ 2100. Communicable diseases; local boards of health and health\nofficers; powers and duties.  1. Every local board of health and every\nhealth officer shall guard against the introduction of such communicable\ndiseases as are designated in the sanitary code, by the exercise of\nproper and vigilant medical inspection and control of all persons and\nthings infected with or exposed to such diseases.\n  2. Every local board of health and every health officer may:\n  (a) provide for care and isolation of cases of communicable disease in\na hospital or elsewhere when necessary for protection of the public\nhealth and,\n  (b) subject to the provisions of the sanitary code, prohibit and\nprevent all intercourse and communication with or use of infected\npremises, places and things, and require, and if necessary, provide the\nmeans for the thorough purification and cleansing of the same before\ngeneral intercourse with the same or use thereof shall be allowed.\n
N.Y. ELN Law § 17-156 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-156
Political assessments
Status: in_force

§ 17-156. Political assessments. Any officer or employee of the state,\nor of a political subdivision thereof who, directly or indirectly uses\nhis authority or official influence to compel or induce any other\nofficer or employee of the state or a political subdivision thereof, to\npay or promise to pay any political assessment shall be guilty of a\nclass A misdemeanor. Nothing herein shall be deemed to prohibit an\nofficer or employee of the state or political subdivision thereof from\nmaking a voluntary contribution to a candidate or political committee.\n
N.Y. PBA Law § 3102 — New York Code / Act PBA / Article 10-A / Title 1 / Section 3102
Powers and duties of the corporation
Status: in_force

§ 3102. Powers and duties of the corporation. In furtherance of the\npurposes set forth in this article, the corporation shall have the\nfollowing powers and duties:\n  1. To foster and support scientific and technological research,\ndevelopment and education in the state, through contracts or other\nappropriate means, in cooperation with the federal government, the state\ngovernment and the political subdivisions thereof, educational\ninstitutions, non-profit institutions and organizations, business\nenterprise and other persons concerned with scientific and technological\nresearch, development and education in the state.\n  2. To sponsor and conduct conferences and studies, collect and\ndisseminate information, and issue periodic reports relating to\nscientific and technological research, development and education in the\nstate.\n  3. To prepare and periodically issue a register of scientific and\ntechnological research facilities in the state.\n  3-a. To establish and keep current, a roster of New York based small\nhigh technology firms.\n  4. To seek, receive, hold, invest, reinvest and use, on behalf of the\ncorporation and for any of its purposes, real property, personal\nproperty and moneys, or any interest therein, and the income therefrom,\neither absolutely or in trust. The board of directors, without regard to\nthe limitations of section eleven of the state finance law relating to\ngifts but with the concurrence of the director of the budget, may\nacquire such property or moneys for such purpose by the acceptance of\ngifts, grants, including matching grants, appropriations, bequests or\ndevises from any source, including but not limited to the federal and\nstate governments and agencies.\n  5. To review the technological development potential of various\nregions of the state and to cooperate with and make recommendations to\nthe legislature, state agencies, local governments, local technology\ndevelopment agencies, the federal government, private businesses and\nindividuals for the realization of such development potential.\n  6. To recommend to the state agencies, local governments, the\ngovernor, and the legislature policies and programs essential to the\nadvancement of science and technology oriented industry and applied\nresearch in New York state and to the promotion of technological\ninnovation in industries of all types in New York state.\n  7. To assist small and emerging science and technology oriented\nbusinesses and inventors in applying for federal research grants and\nstate or federal procurement contracts including dissemination of\ninformation on the availability of such grants and contracts.\n  8. To collect and disseminate information on financial, technical,\nmarketing, management and other services available to small and emerging\nscience and technology oriented businesses on a free or for hire basis\nfrom universities, private for-profit businesses, and non-profit\norganizations.\n  8-a. To assist in the export promotion and marketing of high\ntechnology goods or services, in cooperation with the department of\neconomic development.\n  9. To identify emerging technologies which provide significant promise\nfor the development of job-creating businesses and to disseminate\nrelevant information on individuals and businesses involved in such\nareas to the job development authority, the job incentive board, the\nlegislative commission on science and technology, local technology\ndevelopment agencies, local industrial development authorities, and\nother state, local and non-profit agencies and organizations responsible\nfor economic development.\n  10. To establish a focal point for the dissemination of information\nregarding inventions for the benefit of inventors interested in having\ntheir ideas developed and commercialized and for entrepreneurs\ninterested in the commercialization of new products and processes.\n  11. To encourage and facilitate communication among inventors, banks,\nventure capitalists and other sources of debt and equity capital,\nentrepreneurs, and technical, legal, marketing and managerial experts\nfor the purpose of facilitating the growth and development in this state\nof business enterprises involved in the development and fabrication of\nnew commercial products.\n  12. To identify potential sources of debt and equity capital for small\nand emerging science and technology oriented businesses and to provide\nsuch information to such businesses upon request.\n  13. To make its services and activities known to the public at large.\n  14. To sue and be sued in the name of the corporation, process in any\naction or proceeding may be served upon the secretary of state, as agent\nfor the corporation, in the manner provided by section three hundred six\nof the business corporation law.\n  15. To have and use a corporate seal.\n  16. To adopt rules and regulations, assisted by the commissioner of\neconomic development and in consultation with the department of economic\ndevelopment and in accordance with the state administrative procedure\nact. Such regulations shall be consistent with law, shall be consistent\nwith the program plan required by subdivision nineteen of section one\nhundred of the economic development law, and shall govern any matters\nrelating to the activities of the corporation.\n  17. To have and exercise all powers necessary or convenient to effect\nany or all of the purposes of the corporation.\n
N.Y. EDN Law § 679-E — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 4 / Section 679-E
New York state district attorney and indigent legal services attorney loan forgiveness program
Status: in_force

§ 679-e. New York state district attorney and indigent legal services\nattorney loan forgiveness program. 1. Purpose. The president shall grant\nstudent loan forgiveness awards for the purpose of increasing the number\nof experienced attorneys serving in the position of district attorney or\nindigent legal services attorney in the counties of the state.\n  2. Definitions. a. (i) "Eligible attorney" means an attorney, who is a\nresident of and is admitted to practice law in New York state, who is\nemployed full-time as either a district attorney, as defined in\nsubparagraph (ii) of this paragraph, or an indigent legal services\nattorney, as defined in subparagraph (iii) of this paragraph, who is\nadmitted to practice law in this state for not more than eleven years or\nwho was within the eligible period as defined in paragraph b of this\nsubdivision during the time for which such person is seeking a student\nloan expense grant. Notwithstanding the foregoing, an eligible attorney\nshall include those district attorney applicants who were awarded\nprogram eligibility and who provided qualified service between April\nfirst, two thousand eight and March thirty-first, two thousand eleven;\nsuch an eligible attorney shall remain eligible to participate in the\nprogram provided they are within an eligible period measured from six\nyears from the date which such attorney was first employed as a district\nattorney.\n  (ii) "District attorney" means the district attorney of one of the\ncounties of the state or an employee of the office of any such district\nattorney.\n  (iii) "Indigent legal services attorney" means an attorney who is an\nemployee of (A) any agency designated by subdivisions one and two of\nsection seven hundred twenty-two of the county law, who is engaged in\nthe practice of criminal law on behalf of persons charged with a crime\nwho are financially unable to obtain counsel; (B) a not-for-profit\ncorporation that is exempt from the payment of federal income taxes\npursuant to section 501(c)(3) of the internal revenue code and\nestablished for the purpose of providing legal services that include\ncivil legal services to persons within New York state who are\nfinancially unable to obtain counsel; or (C) an agency specified in\nclause (A) of this subparagraph and/or a corporation specified in clause\n(B) of this subparagraph and who provides a combination of the civil and\ncriminal services specified therein.\n  b. "Eligible period" means the six-year period after completion of the\nthird year and before the commencement of the tenth year of employment\nas an eligible attorney. For purposes of this section, all periods of\ntime during which an admitted attorney was employed as an eligible\nattorney and all periods of time during which a law school graduate\nawaiting admission to the New York state bar was employed by a\nprosecuting or criminal defense agency as permitted by section four\nhundred eighty-four of the judiciary law shall be combined.\n  c. "Student loan expense" means the total loan balance required to be\npaid by the eligible attorney on the cumulative total of the attorney's\noutstanding student loans covering his or her cost of attendance at an\nundergraduate institution and/or law school, at the time of the\nattorney's first application for reimbursement. Interest paid or due on\nsuch loans shall be considered eligible for reimbursement under this\nprogram. For purposes of this calculation, the amount of the student\nloan expenses shall be reduced by any grants, loan forgiveness, or\nsimilar reductions to the attorney's indebtedness that the attorney has\nreceived or shall receive, including, but not limited to, law school\nloan forgiveness and public service scholarships.\n  d. "Year of qualified service" means the twelve month period measured\nfrom the anniversary of the attorney's employment as an eligible\nattorney, or as a law school graduate awaiting admission to the New York\nstate bar employed by a prosecuting or criminal defense agency as\npermitted by section four hundred eighty-four of the judiciary law,\nadjusted for any interruption in employment. Any period of temporary\nleave from service taken by an eligible attorney shall not be considered\nin the calculation of qualified service. However, the period of\ntemporary leave shall be considered an interruption in employment and\nthe calculation of the time period of qualified service shall recommence\nwhen the eligible attorney returns to full time service.\n  3. Awards. a. An eligible attorney may apply for reimbursement after\nthe completion of each year of qualified service provided however that\nreimbursement to each eligible attorney shall not exceed three thousand\nfour hundred dollars, per qualifying year, subject to appropriations\navailable therefor. The president may establish: (i) an application\ndeadline and (ii) a method of selecting recipients if in any given year\nthere are insufficient funds to cover the needs of all the applicants.\nAwards shall be within the amounts appropriated for such purpose and\nbased on availability of funds.\n  b. An eligible attorney may apply after the completion of the fourth\nyear of qualified service, and annually thereafter after the completion\nof the fifth through ninth year of qualified service, and may seek a\nstudent loan expense grant for only the previous year of qualified\nservice within the time periods prescribed by the president. An eligible\nattorney may receive student loan expense grants for no more than six\nyears of qualified service within an eligible period.\n  4. Rules and regulations. The president shall promulgate rules and\nregulations for the administration of this program. The president may\npromulgate rules and regulations to delegate to the entities employing\nthe eligible attorneys the responsibility to certify the employment\nstatus and the student loan balance of the applicants.\n
N.Y. PBA Law § 1005-C — New York Code / Act PBA / Article 5 / Title 1 / Section 1005-C
Additional powers of the authority to finance certain projects in connection with the New York state canal system
Status: in_force

§ 1005-c. Additional powers of the authority to finance certain\nprojects in connection with the New York state canal system. 1. (a) The\nauthority is hereby authorized, as an additional corporate purpose\nthereof, to issue its bonds, notes and other evidences of indebtedness\nin conformity with applicable provisions of the uniform commercial code\nfor purposes of financing the construction, reconstruction, development\nand improvement of the New York state canal system.\n  (b) The authority shall issue any such bonds, notes, or evidences of\nindebtedness pursuant to paragraph (a) of this subdivision on a basis\nsubordinate in lien and priority of payment to the authority's senior\nlien indebtedness as the authority shall provide by resolution.\n  2. All of the provisions of this title relating to bonds, notes and\nother evidence of indebtedness, which are not inconsistent with this\nsection, shall apply to obligations authorized by this section,\nincluding but not limited to the power to issue renewal notes or\nrefunding bonds thereof.\n  3. Subject to agreements with noteholders or bondholders, the\nauthority shall have the authority to fix and collect such fees, rentals\nand charges for the use of the canal system or any part thereof\nnecessary or convenient, with an adequate margin of safety, to produce\nsufficient revenue to meet the expense of maintenance and operation and\nto fulfill the terms of any agreements made with the holders of its\nnotes or bonds, and to establish the rights and privileges granted upon\npayment thereof; provided, however, that tolls may only be imposed for\nthe passage through locks and lift bridges by vessels which are\npropelled in whole or in part by mechanical power.\n
N.Y. EDN Law § 2-B — New York Code / Act EDN / Title 1 / Article 1 / Section 2-B
Use of student social security numbers restricted
Status: in_force

§ 2-b. Use of student social security numbers restricted. No public or\nprivate elementary or secondary school or college as defined in section\ntwo of this article shall display any student's social security number\nto identify such student for posting or public listing of grades, on\nclass rosters or other lists provided to teachers, on student\nidentification cards, in student directories or similar listings, or,\nunless specifically authorized or required by law, for any public\nidentification purpose.\n
N.Y. EDN Law § 679-I — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 4 / Section 679-I
New York state child welfare worker loan forgiveness incentive program
Status: in_force

§ 679-i. New York state child welfare worker loan forgiveness\nincentive program. 1. Purpose. the president shall grant student loan\nforgiveness awards for the purpose of attracting workers to be employed\nin voluntary not-for-profit child welfare agencies in New York state\nlicensed by the office of children and family services as a child\nwelfare worker. Such awards shall be made on a competitive basis, in\naccordance with rules and regulations promulgated by the corporation for\nsuch purposes, to applicants who meet the eligibility criteria.\n  2. Eligibility. To be eligible for an award pursuant to this section,\napplicants shall:\n  a. have graduated and obtained an undergraduate or graduate degree\nfrom a college or university located in New York state;\n  b. have outstanding student loan debt from obtaining such degree;\n  c. agree to work in a voluntary not-for-profit child welfare agency in\nNew York state licensed by the office of children and family services as\na child welfare worker, on a full time basis for a period of no less\nthan five years;\n  d. apply for this program within two years of college graduation; and\n  e. comply with subdivisions three and five of section six hundred\nsixty-one of this part.\n  3. Awards. Awards shall be granted to qualified applicants in the\namount of up to ten thousand dollars per year, per applicant, not to\nexceed a duration of five years and not to exceed the total amount of\nsuch applicant's student loan debt. The corporation shall grant such\nawards within amounts appropriated for such purposes and based on the\navailability of funds. No one applicant shall receive more than a total\nof fifty thousand dollars upon the end of a five-year period.\n  4. Priority. First priority shall be given to applicants who have\nreceived payment of an award pursuant to this section in a prior year\nand remain eligible. Second priority shall be given to applicants who\nare completing the second, third, fourth or fifth year of full-time\nemployment at a voluntary not-for-profit child welfare agency in New\nYork state licensed by the office of children and family services. Third\npriority shall be given to an applicant who can demonstrate economic\nneed but did not receive an award during the first year of this\nprogram's operation. If larger numbers of applicants are eligible\npursuant to this subdivision than funds available, applicants shall be\nchosen pursuant to rules and regulations promulgated by the corporation;\nprovided, however, that each applicant chosen shall receive an award of\nup to ten thousand dollars in each year such applicant is accepted into\nthe program.\n  5. Rules and regulations. The corporation is authorized to promulgate\nrules and regulations, and may promulgate emergency regulations,\nnecessary for the implementation of the provisions of this section.\n
N.Y. VAT Law § 115-D — New York Code / Act VAT / Title 1 / Article 1 / Section 115-D
Environmental emergency response vehicle
Status: in_force

§ 115-d. Environmental emergency response vehicle. Every designated\nvehicle operated by an agency of the state or a political subdivision\nthereof, charged with the responsibility for environmental protection,\nwhile engaged in a response to a report of an emergency resulting from\nan actual or potential release, spill or leak of, or other exposure to,\nhazardous substances.\n
N.Y. VAT Law § 134-C — New York Code / Act VAT / Title 1 / Article 1 / Section 134-C
Laser detector
Status: in_force

§ 134-c. Laser detector. Any instrument designed to detect the\npresence of laser speed detection devices.\n
N.Y. ELN Law § 14-104 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-104
Statements of campaign receipts, contributions, transfers and expenditures by and to candidates
Status: in_force

§ 14-104. Statements of campaign receipts, contributions, transfers\nand expenditures by and to candidates. 1. Any candidate for election to\npublic office, or for nomination for public office at a contested\nprimary election or convention, or for election to a party position at a\nprimary election, shall file statements sworn, or subscribed and bearing\na form notice that false statements made therein are punishable as a\nclass A misdemeanor pursuant to section 210.45 of the penal law, at the\ntimes prescribed by this article setting forth the particulars specified\nby section 14-102 of this article, as to all moneys or other valuable\nthings, paid, given, expended or promised by him or her to aid his or\nher own nomination or election, or to promote the success or defeat of a\npolitical party, or to aid or influence the nomination or election or\nthe defeat of any other candidate to be voted for at the election or\nprimary election or at a convention, including contributions to\npolitical committees, officers, members or agents thereof, and\ntransfers, receipts and contributions to him or her to be used for any\nof the purposes above specified, or in lieu thereof, any such candidate\nmay file such a sworn statement at the first filing period, on a form\nprescribed by the state board of elections that such candidate has made\nno such expenditures and does not intend to make any such expenditures,\nexcept through a political committee authorized by such candidate\npursuant to this article. Such candidate may designate a committee of no\nless than three persons who shall be authorized to appoint and remove\nthe treasurer of any authorized committee of the candidate. The\ndesignation or revocation of the committee shall be evidenced in a\nwriting filed with the state board of elections by the candidate\nauthorizing the committee. The candidate may revoke such designation at\nany time. A committee authorized by such a candidate may fulfill all of\nthe filing requirements of this act on behalf of such candidate.\n  2. Statements filed by any political committee authorized by a\ncandidate pursuant to this article which is required to file such\nstatements with any board of elections shall file all such statements\npursuant to the electronic reporting system prescribed by the state\nboard of elections as set forth in subdivision nine-A of section 3-102\nof this chapter. Notwithstanding the provisions of this subdivision,\nupon the filing of a sworn statement by the treasurer of a political\ncommittee authorized by a candidate pursuant to this article which\nstates that such committee does not have access to the technology\nnecessary to comply with the electronic filing requirements of\nsubdivision nine-A of section 3-102 of this chapter and that filing by\nsuch means would constitute a substantial hardship for such committee,\nthe state board of elections may issue an exemption from the electronic\nfiling requirements of this article.\n  4. Political communications required to be filed with the state board\nof elections pursuant to section 14-106 of this article or subdivision\nfive of section 14-107 of this article may be filed electronically with\nthe state board of elections.\n
N.Y. RPT Law § 905 — New York Code / Act RPT / Article 9 / Title 1 / Section 905
Collection of unpaid housing code violation penalties; levy
Status: in_force

§ 905. Collection of unpaid housing code violation penalties; levy. 1.\nAuthorization. In addition to and not in limitation of any power\notherwise granted by law, the the city of Buffalo is hereby authorized\nto collect any unpaid housing, building and fire code violation\npenalties, costs and fines through placement by the city's commissioner\nof finance on the city's annual tax levy in accordance with the\nprovisions of this section.\n  2. Eligibility. In order to be eligible for placement on the city of\nBuffalo's annual tax levy such unpaid code violation penalties, costs\nand fines shall have been adjudicated and imposed through a judgment in\na court of competent jurisdiction on an owner of real property within\nthe city and recorded by the county clerk, as certified by the city's\ncorporation counsel to the commissioner of finance and have remained\nunpaid for one year after the final adjudication and exhaustion of all\nappeals relating to the imposition of the fines for a code violation\npreceding the placement on the city's tax levy.\n  3. Minimum amount owed. To qualify for placement on the tax levy the\namount owed for unpaid code violations must be at least five percent of\nthe amount of the tax assessed value of the property.\n  4. Levy. Such code violation penalty, cost or fine as set forth in a\ncopy of the judgment certified by the corporation counsel to such\ncommissioner of finance shall be set down in the annual tax levy under\nthe heading uncollected fines and penalties and in according with this\nsection shall be levied, enforced and collected in the same manner, by\nthe same proceedings, at the same time, under the same penalties and\nhaving the same lien upon the property assessed as the tax levy of such\nmunicipality and as a part thereof.\n  5. Notice. The city of Buffalo shall notify all owners or known\ninterested parties of record of the placement of the code violations on\nthe city tax levy as uncollected fines and penalties within thirty days\nof placement, pursuant to section three hundred eight of the civil\npractice law and rules. The notice shall include the date or dates of\nsuch violations, the description of the violations, the amount owed, a\nstatement detailing the foreclosure process that will occur if the\nviolations remain unpaid, the process to claim any surplus funds and the\ncontact information for the city's office in charge of receiving\npayments.\n  6. Tax year. Any unpaid code violations shall be placed on the tax\nroll the city of Buffalo is currently in and shall not be placed on a\nlist, roll or levy of delinquent taxes.\n  7. Owner occupied. Notwithstanding any other applicable provisions of\nlaw, nothing in this section shall be applied to a residential dwelling\nthat is owner-occupied or is the primary residence of a homeowner.\n  8. Tenants. Prior to the placement of any property with unpaid code\nviolations on the tax levy, the city of Buffalo shall develop a program\nto assist tenants residing in a dwelling at risk for tax foreclosure due\nto unpaid code violations. Such program shall include housing counseling\nassistance or other support in relocating the tenants to suitable\nhousing prior to the tax foreclosure.\n  9. Payment plan. Nothing in this section shall preclude an owner or\nlandlord from entering into a payment plan with the city of Buffalo for\npast amounts due for code violations.\n  10. Curing code violations. (a) If all of the violations for which the\npenalties, fees and costs have been assessed are cured, removed or\ncorrected prior to the expiration of the period for redemption pursuant\nto section eleven hundred ten of this chapter, the property shall be\nremoved from the levy and auction and the balance of the amount owed\nshall be placed as a lien on the property pursuant to applicable laws\nfor debt collection and an action for foreclosure of the property shall\nnot be maintained for the amount owed.\n  (b) The determination of whether or not the code violations have been\ncured shall be made by the city of Buffalo's enforcing officer in charge\nof ensuring compliance with applicable housing, building, and fire codes\nsuch as a code enforcement officer. An appeal of this determination may\nbe made to the city's zoning board of appeals or other local\nadministrative body as provided for in local law. The final\ndetermination made by the administrative body shall be reviewable\npursuant to article seventy-eight of the civil practice law and rules.\n  (c) This section shall not be applicable to any cause of action\nbrought for money due based on the curing of code violations under any\nform for receivership or a mechanic's lien.\n  11. Payment prior to auction. (a) If the balance owed for code\nviolations placed on the tax levy is paid prior to the expiration of the\nperiod for redemption pursuant to section eleven hundred ten of this\nchapter and there is no balance due for unpaid real property taxes, the\nproperty may not be auctioned, and the property shall be removed from\nthe tax levy.\n  (b) The owner shall have the right to pay the full balance prior to\nthe expiration of the period for redemption pursuant to section eleven\nhundred ten of this chapter in order to redeem the property.\n  12. Surplus. Any surplus funds remaining after the sale of a property\nat a tax foreclosure for unpaid code violations shall be returned to the\nformer owner of the property in a manner as provided under local law.\nFor the purpose of this section, "surplus funds" shall mean the balance\nof money received after auction of a property at a tax foreclosure sale\nminus the amount owed for code violations and the costs and attorneys'\nfees incurred in the collection of the fees by the city.\n  13. Balance due. If after an auction a balance is due for code\nviolations, the city of Buffalo may proceed with any action against the\nformer owner pursuant to applicable laws.\n  14. Exclusions. The provisions of this section shall not apply to any\nmunicipality that sells their tax liens in a tax sale.\n
N.Y. PBA Law § 3665 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3665
Assistance to the authority; employees of the authority
Status: in_force

§ 3665. Assistance to the authority; employees of the authority. 1.\nWith the consent of any public corporation, the authority may use\nagents, employees and facilities thereof, paying to such public\ncorporation its agreed proportion of the compensation or costs.\n  2. Officers and employees of state or county agencies may be\ntransferred to the authority without examination and without loss of any\ncivil service or retirement status or rights. Any officer or employee of\nthe authority who heretofore acquired or shall hereafter acquire such\nposition status by transfer and who at the time of such transfer was a\nmember of the New York state and local employees' retirement system\nshall continue to be a member of such system as long as he or she\ncontinues in such service, and shall continue to have all the rights,\nprivileges and obligations of membership in such system.\n
N.Y. EDN Law § 802-A — New York Code / Act EDN / Title 1 / Article 17 / Section 802-A
Instruction relating to general elections
Status: in_force

§ 802-a. Instruction relating to general elections. Every school and\nteacher or instructor shall utilize a sample or facsimile ballot,\nprovided by the appropriate board of elections pursuant to section 7-118\nof the election law, when providing instruction in the electoral process\nrelating to an ongoing general election, for which a sample or facsimile\nballot has been created, or when holding mock elections.\n
N.Y. PBH Law § 4366 — New York Code / Act PBH / Article 43-B / Title 1 / Section 4366
Enforcement
Status: in_force

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or\nannul, a bank or storage facility license or may fine the holder thereof\non proof that the license holder or one or more persons in its employ:\n  (a) has engaged in misrepresentation in obtaining the license or in\nthe operation of the bank or storage facility;\n  (b) has engaged or attempted to engage in or represented itself as\nbeing entitled to perform any procurement or storage activity not\nauthorized in the license;\n  (c) has demonstrated incompetence or has shown recurrent errors in the\nperformance of procurement or storage activities;\n  (d) has been convicted of a felony.\n  2. No license shall be revoked, suspended, limited, or annulled or\nfine imposed without an opportunity for a hearing; provided, however,\nthat a license may be temporarily suspended without a hearing for a\nperiod not in excess of sixty days upon notice to the license holder\nfollowing a finding by the commissioner or his designee that the public\nhealth, safety, or welfare is in imminent danger.\n  (a) the commissioner or his designee shall fix a time and place for\nthe hearing;\n  (b) a copy of the charges, together with a notice of the time and\nplace of the hearing, shall be mailed to the license holder at the\naddress of the bank or storage facility;\n  (c) all orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules.\n  3. The supreme court may enjoin violations or threatened violations of\nany provisions of this article or of the rules and regulations issued\nthereunder. Upon request of the commissioner, the attorney general shall\nmaintain an action in the supreme court in the name of the people of the\nstate to enjoin any such violation.\n
N.Y. SOS Law § 372-E — New York Code / Act SOS / Article 6 / Title 1 / Section 372-E
Adoption applications; appeals
Status: in_force

§ 372-e. Adoption applications; appeals. 1. An authorized agency shall\nkeep a record of applications received from persons seeking to become\nadoptive parents, including all actions taken on such applications.\n  2.  The department shall promulgate regulations setting forth\nstandards and procedures to be followed by authorized agencies in\nevaluating persons who have applied to such agencies for the adoption of\na child.  Such regulations shall also restrict the evaluation process so\nas not to unnecessarily duplicate previous investigations which may have\nbeen made of the adoptive applicant in the context of a prior adoption\napplication or an application for licensure or certification to board\nchildren.\n  3. (a) Upon an authorized agency's denial of an application, the\nauthorized agency shall furnish the applicant with a written statement\nsetting forth its reason for the denial of the application. Such written\nstatement shall include a notice to the applicant, in bold face type, of\nsuch applicant's right to request and be granted a hearing in accordance\nwith the provisions of subdivision four of this section.\n  (b) Upon an authorized agency's failure to act on an application\nwithin six months of its submission, the authorized agency shall, on\nsuch applicant's request, furnish the applicant with a written statement\nsetting forth its reason for its failure to act on the application. Such\nwritten statement shall include a notice to the applicant, in bold face\ntype, of such applicant's right to request and be granted a hearing in\naccordance with the provisions of subdivision four of this section.\n  4.  Any person whose application has been denied or whose application\nhas not been acted upon by an authorized agency within six months of its\nsubmission may request and shall be granted a hearing in accordance with\nthe provisions of section twenty-two of this chapter relating to fair\nhearings.\n
N.Y. ELN Law § 17-114 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-114
Failure to furnish information; false information
Status: in_force

§ 17-114. Failure to furnish information; false information. 1.  Any\nperson who knowingly harbors or conceals any person who falsely\nregistered as a voter, or who shall rent any room or bed to any person\nto be used by such person for himself or any other person for the\npurpose of unlawfully registering or voting therefrom is guilty of a\nmisdemeanor.\n  2. A keeper of a hotel, lodging-house, boarding-house or\nrooming-house, who neglects to give to an election officer requesting\nthe same, a sworn list of persons residing in such hotel, lodging-house,\nboarding-house, dwelling or apartment, together with the other\nparticulars or information in relation to such persons required to be\ngiven by or pursuant to this chapter, is guilty of a misdemeanor.\n  3. A keeper of a hotel, lodging house, boarding-house, or\nrooming-house or the owner or lessee of a dwelling or apartment who\nmakes a report or furnishes a list required by this chapter which\nknowingly and falsely states that a person has resided on the premises\nto which the report or list relates for a longer period than he has\nactually resided therein, or puts upon such a list or in such a report a\nname under which no person resides in said premises, is guilty of a\nfelony.\n
N.Y. ELD Law § 215 — New York Code / Act ELD / Article 2 / Title 1 / Section 215
Social model adult day services programs
Status: in_force

§ 215. Social model adult day services programs. 1. Definitions. As\nused in this section:\n  (a) "Advisory committee for the aging" shall mean the advisory\ncommittee for the aging established pursuant to section two hundred ten\nof this title.\n  (b) "Social adult day services" shall mean a program providing a\nvariety of long term care services to functionally impaired individuals,\nwhether due to physical or cognitive impairments, in a congregate,\ncommunity, or home setting and pursuant to a person-centered service\nplan.\n  (c) "Designated agency" shall mean any agency which is either a unit\nof county government, the city of New York, or the governing body or\ncouncil of an Indian tribal reservation, or a private not-for-profit\nagency organized or existing pursuant to the not-for-profit corporation\nlaw, which has been designated as an area agency on aging by the state\noffice for the aging pursuant to the federal older Americans act of\n1965, as amended.\n  (d) "Functionally impaired" shall mean a person who needs the\nassistance of another person in at least one of the following activities\nof daily living: toileting, mobility, transferring, or eating; or who\nneeds supervision due to cognitive and/or psycho-social impairment.\n  (e) "Social adult day care" shall mean a program providing a variety\nof comprehensive services to functionally impaired elderly persons as\ndefined in regulations established by the director.\n  2. Duties of the director. (a) The director is authorized and directed\nto promulgate rules and regulations, establishing standards and\nrequirements with regard to the operation of all social adult day care\nprograms receiving funding pursuant to this article. Such standards and\nrequirements shall include, but not be limited to:\n  (1) services to be provided;\n  (2) admission criteria;\n  (3) participant cost-sharing;\n  (4) assessment and enrollment;\n  (5) staffing;\n  (6) monitoring and evaluation of programs; and\n  (7) any other standards or requirements which the director determines\nto be appropriate.\n  (b) Rules and regulations promulgated by the director pursuant to this\nsubdivision shall also direct how social adult day care will be included\nin the planning currently required of designated agencies.\n  (c) The director shall develop materials for employees and volunteers\nof programs providing social adult day services or social adult day care\non the signs and symptoms of elder abuse, which shall include identity\ntheft. Such materials shall include, but not be limited to, ways to\ndiscuss suspected elder abuse with seniors where abuse is suspected and\nresources to which seniors may be referred for counseling, shelter, or\nother assistance.\n  3. Funding for social adult day care programs.\n  (a) Beginning with amounts appropriated in the two thousand five\nfiscal year, the director shall, within amounts appropriated therefor,\nmake grants available on a competitive basis to not-for-profit or local\ngovernment operated social adult day care programs for functionally\nimpaired elderly persons, with consideration of regional needs and a\nbroad array of models. Such grants shall equal seventy-five percent of\nallowable expenditures for approved services pursuant to this section;\nprovided however that the director may accept certain in-kind\nequivalents to comprise the required twenty-five percent match; and\nprovided further, in the case of providers which can demonstrate\nfinancial need, the director may make grants of up to one hundred\npercent of allowable expenditures pursuant to this section.\n  (b) Beginning with the first year that the annual increase in amounts\nappropriated for the purposes of this section shall equal at least five\nmillion dollars, for that increase and all increases thereafter, the\ndirector shall distribute such increases to designated agencies for the\nprovision of social adult day care programs for functionally impaired\nelderly persons based on a formula developed by the office which shall\nconsider at least the following: the number of elderly persons in the\narea; and the number of functionally impaired elderly persons in the\narea as determined by the office. Base funding established under\nparagraph (a) of this subdivision shall continue to be distributed as\nprovided in paragraph (a) of this subdivision. Within the amounts\nappropriated therefor, designated agencies authorized to provide social\nadult day care under this section shall be eligible for reimbursement\nfrom the state for seventy-five percent of allowable expenditures for\napproved social adult day care services pursuant to this section up to a\nlevel authorized by the director; provided however, that certain in-kind\nequivalents may comprise the twenty-five percent match.\n  (c) The office may use up to three percent of the total of any funding\nappropriated pursuant to this section for administration.\n  (d) The designated agency may use up to three percent of the total of\nany funds provided to the designated agency pursuant to this section for\nadministration.\n  4. Funding eligibility. Funding pursuant to this section shall not be\navailable to social adult day care programs for services provided to\nelderly persons who are eligible for or receiving comparable services to\nthose defined in this section pursuant to title eighteen, nineteen or\ntwenty of the federal social security act, or any other government\nprogram. In addition, funding pursuant to this section shall not\nsupplant any existing public or private funding for social adult day\ncare programs.\n  5. Report of director. The director, after consultation with his or\nher advisory committee, affected state agencies, any affected municipal\nagencies and persons involved in providing social adult day care\nservices, shall make a report, on or before December thirty-first, two\nthousand five, to the governor, the temporary president of the senate,\nthe speaker of the assembly, the chair of the senate standing committee\non aging and the chair of the assembly standing committee on aging on\nthe projected costs and benefits of establishing uniform standards and\nrequirements with regard to operation of social adult day care services\nin the state. The report shall include the director's findings,\nrecommendations and estimate of the fiscal implications of regulating\nsocial adult day care services in the state.\n
N.Y. EDN Law § 903 — New York Code / Act EDN / Title 1 / Article 19 / Section 903
Students to furnish health certificates; and dental health certificates
Status: in_force

§ 903. Students to furnish health certificates; and dental health\ncertificates.  1. A health certificate shall be furnished by each\nstudent in the public schools upon his or her entrance in such schools\nand upon his or her entry into the grades prescribed by the commissioner\nin regulations, provided that such regulations shall require such\ncertificates at least twice during the elementary grades and twice in\nthe secondary grades. An examination and health history of any child may\nbe required by the local school authorities at any time in their\ndiscretion to promote the educational interests of such child. Each\ncertificate shall be signed by a duly licensed physician, physician\nassistant, or nurse practitioner, who is authorized by law to practice\nin this state, and consistent with subdivision three of section six\nthousand nine hundred two of this chapter, or by a duly licensed\nphysician, physician assistant, or nurse practitioner, who is authorized\nto practice in the jurisdiction in which the examination was given,\nprovided that the commissioner has determined that such jurisdiction has\nstandards of licensure and practice comparable to those of New York.\nEach such certificate shall describe the condition of the student when\nthe examination was made, which shall not be more than twelve months\nprior to the commencement of the school year in which the examination is\nrequired, and shall state whether such student is in a fit condition of\nhealth to permit his or her attendance at the public schools. The\nexamination may include a diabetes risk analysis. Each such certificate\nshall also state the student's body mass index (BMI) and weight status\ncategory. For purposes of this section, BMI is computed as the weight in\nkilograms divided by the square of height in meters or the weight in\npounds divided by the square of height in inches multiplied by a\nconversion factor of 703. Weight status categories for children and\nadolescents shall be as defined by the commissioner of health. In all\nschool districts such physician, physician assistant or nurse\npractitioner shall determine whether a one-time test for sickle cell\nanemia is necessary or desirable and he or she shall conduct such a test\nand the certificate shall state the results.\n  2. a. A dental health certificate shall be requested from each\nstudent.  Each student is requested to furnish a dental health\ncertificate at the same time that health certificates are required. An\nassessment and dental health history of any child may be requested by\nthe local school authorities at any time in their discretion to promote\nthe educational interests of such child. Each certificate shall be\nsigned by a duly licensed dentist, or a registered dental hygienist who\nis authorized by law to practice in this state, and consistent with any\napplicable written practice agreement, or by a duly licensed dentist or\nregistered dental hygienist who is authorized to practice in the\njurisdiction in which the assessment was given, provided that the\ncommissioner has determined that such jurisdiction has standards of\nlicensure and practice comparable to those of New York. Each such\ncertificate shall describe the dental health condition of the student\nwhen the assessment was made, which shall not be more than twelve months\nprior to the commencement of the school year in which the assessment is\nrequested, and shall state whether such student is in fit condition of\ndental health to permit his or her attendance at the public schools.\n  b. A notice of request for dental health certificates shall be\ndistributed at the same time that parents or person in parental\nrelationship to students are notified of health examination requirements\nand shall state that a list of dental practices, dentists and registered\ndental hygienists to which children may be referred for dental services\non a free or reduced cost basis is available upon request at the child's\nschool. The department shall, in collaboration with the department of\nhealth, compile and maintain a list of dental practices, dentists and\nregistered dental hygienists to which children may be referred for\ndental services on a free or reduced cost basis. Such list shall be made\navailable to all public schools and be made available to parents or\nperson in parental relationship upon request. The department shall\npromulgate regulations to ensure the gathering and dissemination of the\nproper information to interested parties.\n  3. a. Within thirty days after the student's entrance in such schools\nor grades, the health certificate shall be submitted to the principal or\nhis or her designee and shall be filed in the student's cumulative\nhealth record. If such student does not present a health certificate as\nrequired in this section, unless he or she has been accommodated on\nreligious grounds, the principal or the principal's designee shall cause\na notice to be sent to the parents or person in parental relationship to\nsuch student that if the required health certificate is not furnished\nwithin thirty days from the date of such notice, an examination will be\nmade of such student, as provided in this article. Each school and\nschool district chosen as part of an appropriate sampling methodology\nshall participate in surveys directed by the commissioner of health\npursuant to the public health law in relation to students' BMI and\nweight status categories as reported on the school health certificate\nand which shall be subject to audit by the commissioner of health. Such\nsurveys shall contain the information required pursuant to subdivision\none of this section in relation to students' BMI and weight status\ncategories in aggregate. Parents or other persons in parental relation\nto a student may refuse to have the student's BMI and weight status\ncategory included in such survey. Each school and school district shall\nprovide the commissioner of health with any information, records and\nreports he or she may require for the purpose of such audit. The BMI and\nweight status survey and audit as described in this subdivision shall be\nconducted consistent with confidentiality requirements imposed by\nfederal law.\n  b. Within thirty days after the student's entrance in such schools or\ngrades, the dental health certificate, if obtained, shall be filed in\nthe student's cumulative health record.\n  4. Notwithstanding the provisions of subdivisions one, two and three\nof this section, no examinations for a health certificate or health\nhistory shall be required or dental certificate requested, and no\nscreening examinations for sickle cell anemia shall be required where a\nstudent or the parent or person in parental relation to such student\nobjects thereto on the grounds that such examinations or health history\nconflict with their genuine and sincere religious beliefs.\n
N.Y. LAB Law § 931 — New York Code / Act LAB / Article 32 / Title 1 / Section 931
Licensing requirements
Status: in_force

§ 931. Licensing requirements. 1. It shall be unlawful for any\ncontractor to engage in mold assessment on a project, or to advertise or\nhold themselves out as a mold assessment contractor unless such\ncontractor has a valid mold assessment license issued by the\ncommissioner.\n  2. It shall be unlawful for any contractor to engage in mold\nremediation on a project, or to advertise or hold themselves out as a\nmold remediation contractor unless such contractor has a valid mold\nremediation license issued by the commissioner.\n  3. It shall be unlawful for any individual to engage in mold abatement\non a project or to advertise or hold themselves out as a mold abatement\nworker unless such individual has a valid mold abater's license issued\nby the commissioner.\n  4. A copy of a valid mold assessment or mold remediation license must\nbe conspicuously displayed at the work site on a mold project.\n  5. (a) Nothing in this article shall prohibit any design professional\nlicensed pursuant to title eight of the education law from performing\nmold inspection, assessment, remediation and/or abatement tasks or\nfunctions if the person is acting within the scope of his or her\npractice, or require the design professional to obtain a license under\nthis article for such mold inspection, assessment remediation and/or\nabatement tasks or functions.\n  (b) Nothing in this article shall mean that any individual not\nlicensed pursuant to title eight of the education law may perform tasks\nor functions limited to the scope of practice of a design professional\nunder such title.\n
N.Y. SOS Law § 131-Z — New York Code / Act SOS / Article 5 / Title 1 / Section 131-Z
Child assistance program
Status: in_force

§ 131-z. Child assistance program. 1. Notwithstanding any other\nprovision of law to the contrary, any district may operate a child\nassistance program as part of the family assistance program with the\napproval of the department. Approved expenditures for such child\nassistance program shall be subject to federal and state reimbursement\nas expenditures under the family assistance program in accordance with\nsection one hundred fifty-three of this chapter. Provided, however, on\nor after January first, nineteen hundred ninety-eight the department\nshall reimburse social services districts for the administrative costs\nof this program in accordance with the provisions of subdivision sixteen\nof section one hundred fifty-three of this chapter. All custodial parent\nfamilies receiving family assistance benefits shall be eligible for this\nprogram, provided they satisfy the requirements of this section, if they\nreside in a district which operates such a program.\n  2. Where a program has been authorized, child assistance payments\npursuant to the provisions of this section may be made to custodial\nparents on behalf of minor children in accordance with the criteria\nspecified in subdivisions three, four, five and six of this section in\nlieu of allowances determined in accordance with section one hundred\nthirty-one-a of this article. The amount of such child assistance\npayments shall be at least the sum of three thousand three hundred sixty\ndollars per annum for the first minor child and one thousand one hundred\nsixteen dollars per annum for each additional minor child, provided that\nsuch payments shall be reduced by the amounts specified in paragraph (a)\nof subdivision six of this section. The commissioner may develop a\nmethodology which will provide for the periodic adjustment of the\nbenefit level to reflect changes in maximum monthly grants and\nallowances authorized pursuant to section one hundred thirty-one-a of\nthis article for the family assistance program. In addition, the child\nassistance payments shall be established so that the payments combined\nwith earnings from full-time employment shall result in a family of\nthree having income at or above the poverty level for nineteen hundred\neighty-seven as reported by the federal department of health and human\nservices.\n  3. No custodial parent who resides in a social services district or\nportion of such district in which a child assistance program is operated\nshall be eligible under this program for receipt of child assistance\npayments for a child, unless:\n  (a) An order of child support for such child has been made by a court\nof competent jurisdiction;\n  (b) The order of child support is payable through a support collection\nunit as created by section one hundred eleven-h of this chapter or such\nother administrative mechanism as may be designated by the commissioner;\nor the custodial parent has cooperated in taking the necessary steps to\nensure that the child support order is payable through a support\ncollection unit or other administrative mechanism;\n  (c) The parent subject to a support order described in paragraphs (a)\nand (b) of this subdivision is absent from the home;\n  (d) The custodial parent and the child for whom, or on whose behalf an\napplication for child assistance program payments is made is at such\ntime, a recipient of family assistance benefits; and\n  (e) The custodial parent has not withdrawn from the program within the\nthree months prior to the date of reapplication for benefits under this\nprogram.\n  4. Notwithstanding the provisions of subdivision three of this\nsection, a custodial parent may be eligible under this program even\nthough the custodial parent has failed to obtain an order of child\nsupport because:\n  (a) The other parent is deceased;\n  (b) The custodial parent has demonstrated to the satisfaction of the\ncommissioner, a diligent effort to obtain a child support order,\nincluding providing the local social services district with the\ninformation necessary to file a petition for child support, but due to\nreasons outside of the control of the custodial parent, a child support\norder is not obtainable in a reasonable period of time;\n  (c) The custodial parent has good cause as defined in regulations, not\nto cooperate in obtaining a child support order; or\n  (d) The child resides with both parents and paternity has either been\nacknowledged or established.\n  5. A participant is no longer to be considered a participant in this\nprogram when such individual is not eligible for payments as a result of\nthe operation of paragraph (a) of subdivision six of this section for\nfour consecutive months.\n  6. (a) So long as funds are available therefor, the amount received by\neach custodial parent eligible to receive child assistance payments\npursuant to this section shall be reduced by an amount equal to:\n  (i) An amount which reflects a portion of the actual income of the\ncustodial parent pursuant to a methodology to be established by the\ncommissioner; and\n  (ii) An additional amount which reflects that portion of the custodial\nparent's spouse's income which is deemed to be available to other\nhousehold members pursuant to a methodology to be established by the\ncommissioner.\n  (b) Persons in receipt of both child assistance under this section and\nmedical assistance pursuant to title eleven of article five of this\nchapter who, prior to April first, two thousand five, become ineligible\nfor medical assistance solely due to increased earnings from employment\nor loss of earned income disregards shall, if otherwise eligible, remain\neligible for medical assistance until March thirty-first, two thousand\nfive or until such later time as may be required by the provisions of\nsuch title or of this subdivision. Such medical assistance shall be\nprovided initially pursuant to paragraphs (a) and (b) of subdivision\nfour of section three hundred sixty-six of this article.\n  (c) With respect to persons described in paragraph (b) of this\nsubdivision, including those no longer in receipt of child assistance\ndue to increased earnings from employment, when the medical assistance\nprovided pursuant to paragraphs (a) and (b) of subdivision four of\nsection three hundred sixty-six of this chapter ends, such persons, if\nineligible for medical assistance solely due to earnings from employment\nor loss of earned income disregards shall, if otherwise eligible, remain\neligible for medical assistance for an additional twelve months.\nHowever, in no event shall medical assistance be provided pursuant to\nthis paragraph for any period that is more than twelve months after such\npersons cease to participate in the child assistance program.\n  (d) Social services districts shall take all necessary actions to\nprovide medical assistance pursuant to paragraphs (a) and (b) of\nsubdivision four of section three hundred sixty-six of this chapter to\nindividuals described in paragraphs (b) and (c) of this subdivision who\nare eligible for such assistance. Social services districts shall\nprovide to individuals described in paragraphs (b) and (c) of this\nsubdivision information as to the availability of the child health\ninsurance plan described in title one-A of article twenty-five of the\npublic health law.\n  7. Each participating social services district shall provide to all\nrecipients eligible for participation in this program in accordance with\nthe approved program a comparison of the benefits that would be\navailable to the household under family assistance and the child\nassistance payments as provided in this section. Each participating\ndistrict shall inform all eligible recipients that participation in this\nprogram is voluntary.\n  8. Participation in this program shall be voluntary. Should a\nparticipant elect to terminate his or her participation in this program,\nthen, upon reapplication for family assistance benefits and a subsequent\ndetermination of eligibility, such participant shall be restored to\nbenefits effective from the date of reapplication.\n  9. The department shall promulgate regulations for the operation of\nthe child assistance program. Such regulations shall include but not be\nlimited to:\n  (a) Resources. At program entry, program participants may not have\nresources which exceed the level permitted for eligibility for the\nfamily assistance program. Once eligible for the program, no further\nresource tests shall be imposed;\n  (b) Eligibility determinations. Program participants shall not be\nrequired to report changes in income more frequently than quarterly;\n  (c) Lump sums. If a child or relative participating in the program\nreceives, in any month or months in a quarter, a non-recurring amount of\nearned or unearned income, the quarterly total of which exceeds one\nquarter of the annual poverty level for nineteen hundred eighty-seven\nfor a family of the same size as the program household which received\nthe lump sum, the case shall be ineligible for assistance for the whole\nnumber of quarters that equals the amount of the non-recurring income\nreceived, adjusted for any applicable disregards of income, divided by\nthe quarterly poverty level applicable to the case;\n  (d) One hundred eighty-five percent of gross income test. Program\nparticipants shall be allowed to have income in excess of one hundred\neighty-five percent of the state standard of need;\n  (e) Loss of eligibility. Non-compliance with a condition of\neligibility shall result in the ineligibility of the whole family for\nthe child assistance program;\n  (f) Determination of available income. Notwithstanding section one\nhundred thirty-one-a or any other provision of this chapter,\ndetermination of available income and the determination of income to be\ndisregarded shall be in accordance with these regulations provided\nhowever that the methodology shall not be adjusted in a manner such that\na household would receive a lower benefit than a similarly situated\nhousehold would have received in January, nineteen hundred ninety-seven\nfor the same amount of earned income; and\n  (g) Cash out of food stamps. To the extent permitted by federal law,\nprogram participants shall receive the value of their food stamps in\ncash.\n  (h) Child support pass through. The requirement that certain child\nsupport collected be passed through to the custodial parent pursuant to\nsection one hundred eleven-c of this chapter shall not apply to persons\nparticipating in the child assistance program.\n