N.Y. PBA Law § 3862 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3862
Bonds, notes or other obligations of the authority
Status: in_force

§ 3862. Bonds, notes or other obligations of the authority. 1. The\nauthority shall have the power and is hereby authorized from time to\ntime to issue bonds, notes or other obligations in such principal\namounts as it may determine to be necessary pursuant to section\nthirty-eight hundred sixty-one of this title to pay any financeable\ncosts and to fund reserves to secure such bonds, notes or other\nobligations, including incidental expenses in connection therewith;\nprovided, however, the aggregate principal amounts of such bonds, notes\nor other obligations outstanding at any one time shall not exceed one\nhundred seventy-five million dollars, and such bonds shall be tax exempt\nto the maximum extent practicable, as provided by section thirty-eight\nhundred sixty-nine of this title. Bonds, notes or other obligations\nissued by the authority (a) to pay reasonable costs of issuance, as\ndetermined by the authority, (b) to establish debt service reserve\nfunds, (c) to refund or advance refund any outstanding bonds or notes of\nthe city or the authority, or (d) as cash flow borrowings shall not\ncount against the above limit on outstanding bonds, notes or other\nobligations of the authority, nor shall any accretion of principal of\nbonds that would constitute interest under the Internal Revenue Code of\n1986, as amended, count against such limit; provided, however, that the\naggregate principal amount of cash flow borrowings outstanding at any\none time shall not exceed one hundred forty-five million dollars.\n  2. The authority may issue bonds, notes or other obligations to refund\nbonds, notes or other obligations previously issued, but in no event\nshall the final maturity of any bonds, notes or other obligations of the\nauthority be later than June thirtieth, two thousand thirty-seven. No\nbond of the authority shall mature more than thirty years from the date\nof its issue, or after June thirtieth, two thousand thirty-seven,\nwhichever date is earlier.\n  3. Bonds, notes or other obligations of the authority may be issued,\namortized, redeemed and refunded without regard to the provisions of the\nlocal finance law.\n  4. The directors may delegate to the chairperson or other director or\nofficer of the authority the power to set the financial terms of bonds,\nnotes or other obligations.\n  5. The authority in its sole discretion shall determine that the\nissuance of its bonds, notes or other obligations is appropriate. Bonds,\nnotes or other obligations shall be authorized by resolution of the\nauthority. Bonds shall bear interest at such fixed or variable rates and\nshall be in such denominations, be in such form, either coupon or\nregistered, be sold at such public or private sale, be executed in such\nmanner, be denominated in United States currency, be payable in such\nmedium of payment, at such place and be subject to such terms of\nredemption as the authority may provide in such resolution. No bonds,\nnotes or other obligations of the authority may be sold at private sale\nunless such sale and the terms thereof have been approved in writing by\n(a) the state comptroller where such sale is not to the state\ncomptroller, or (b) the director of the budget, where such sale is to\nthe state comptroller.\n  6. Any resolution or resolutions authorizing bonds, notes or other\nobligations or any issue of bonds, notes or other obligations may\ncontain provisions which may be a part of the contract with the holders\nof the bonds, notes or other obligations thereby authorized as to: (a)\npledging all or part of the authority's revenues, together with any\nother moneys, securities or contracts, to secure the payment of the\nbonds, notes or other obligations, subject to such agreements with\nbondholders as may then exist; (b) the setting aside of reserves and the\ncreation of sinking funds and the regulation and disposition thereof;\n(c) limitations on the purposes to which the proceeds from the sale of\nbonds, notes or other obligations may be applied; (d) limitations on the\nissuance of additional bonds, notes or other obligations, the terms upon\nwhich additional bonds, notes or other obligations may be issued and\nsecured and the refunding of bonds, notes or other obligations; (e) the\nprocedure, if any, by which the terms of any contract with bondholders\nmay be amended or abrogated, including the proportion of bondholders\nwhich must consent thereto and the manner in which such consent may be\ngiven; (f) vesting in a trustee or trustees such properties, rights,\npowers and duties in trust as the authority may determine, which may\ninclude any or all of the rights, powers and duties of the trustee\nappointed by the bondholders pursuant to section thirty-eight hundred\nsixty-three of this title and limiting or abrogating the rights of the\nbondholders to appoint a trustee under such section or limiting the\nrights, duties and powers of such trustee; and (g) defining the acts or\nomissions of the authority to act which may constitute a default in the\nobligations and duties of the authority to the bondholders and providing\nfor the rights and remedies of the bondholders in the event of such\ndefault, including as a matter of right the appointment of a receiver;\nprovided, however, that such acts or omissions of the authority to act\nwhich may constitute a default and such rights and remedies shall not be\ninconsistent with the general laws of the state and other provisions of\nthis title.\n  7. In addition to the powers conferred upon the authority in this\nsection to secure its bonds, notes or other obligations, the authority\nshall have power in connection with the issuance of bonds, notes or\nother obligations to enter into such agreements for the benefit of the\nbondholders as the authority may deem necessary, convenient or desirable\nconcerning the use or disposition of its revenues or other moneys,\nincluding the entrusting, pledging or creation of any other security\ninterest in any such revenues, moneys and the doing of any act,\nincluding refraining from doing any act, which the authority would have\nthe right to do in the absence of such agreements. The authority shall\nhave power to enter into amendments of any such agreements within the\npowers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of bonds, notes or other obligations of\nthe authority.\n  7-a. Whenever a series of bonds, notes or other obligations of the\nauthority is issued pursuant to this section for purposes other than\ndeficit financing authorized by section thirty-eight hundred fifty-seven\nof this title, the payment of the proceeds of such series of bonds,\nnotes or other obligations to the city may be, at the request of the\nauthority, evidenced by obligations of the city issued in accordance\nwith applicable provisions of the state constitution and local finance\nlaw then in effect at the time any such obligations are issued, provided\nthat the principal amount of the authority's bonds, notes or other\nobligations issued in connection with any such exchange shall not exceed\nthe principal amount of such obligations of the city and accrued\ninterest thereon at the stated rate to the date of such exchange, and\nprovided further, however, that the principal payments on any such issue\nof city obligations shall in no event be scheduled to fall on a date\nlater than the date on which falls a corresponding amount of scheduled\nprincipal payments on the series of bonds, notes or other obligations of\nthe authority originally issued to provide such proceeds or issued to\nrefund bonds, notes or other obligations issued to provide such\nproceeds.\n  8. Notwithstanding any provision of the uniform commercial code to the\ncontrary, any pledge of or other security interest in revenues, moneys,\naccounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether such parties have notice thereof. No instrument\nby which such a pledge or security interest is created nor any financing\nstatement need be recorded or filed to be valid and binding.\n  9. Whether or not the bonds, notes or other obligations of the\nauthority are of such form and character as to be negotiable instruments\nunder the terms of the uniform commercial code, the bonds, notes or\nother obligations are hereby made negotiable instruments within the\nmeaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  10. Neither the directors of the authority nor any person executing\nbonds, notes or other obligations shall be liable personally thereon or\nbe subject to any personal liability or accountability solely by reason\nof the issuance thereof. The bonds, notes or other obligations of the\nauthority shall not be a debt of either the state or the city, and\nneither the state nor the city shall be liable thereon, nor shall they\nbe payable out of any funds other than those of the authority; and such\nbonds, notes or other obligations shall contain on the face thereof a\nstatement to such effect.\n  11. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power to purchase bonds, notes or other\nobligations of the authority out of any moneys available therefor, which\nshall thereupon be canceled.\n
N.Y. PBA Law § 7 — New York Code / Act PBA / Article 1 / Title 2 / Section 7
Reports of the authorities budget office
Status: in_force

§ 7. Reports of the authorities budget office. On July first, two\nthousand ten and annually thereafter the authorities budget office shall\nissue reports on its findings and analyses to the governor, the chair\nand ranking minority member of the senate finance committee, the chair\nand ranking minority member of the assembly ways and means committee,\nthe chair and ranking minority member of the senate standing committee\non corporations, authorities and commissions, the chair and ranking\nminority member of the assembly standing committee on corporations,\nauthorities and commissions, the state comptroller and the attorney\ngeneral, with conclusions and opinions concerning the performance of\npublic authorities and to study, review and report on the operations,\npractices and finances of state and local authorities as defined by\nsection two of this article.\n
N.Y. PBH Law § 12-B — New York Code / Act PBH / Article 1 / Title 2 / Section 12-B
Wilful violation of health laws
Status: in_force

§ 12-b. Wilful violation of health laws. 1. A person who wilfully\nviolates or refuses or omits to comply with any lawful order or\nregulation prescribed by any local board of health or local health\nofficer, is guilty of a misdemeanor; except, however, that where such\norder or regulation applies to a tenant with respect to his own dwelling\nunit or to an owner occupied one or two family dwelling, such person is\nguilty of an offense for the first violation punishable by a fine not to\nexceed fifty dollars and for a second or subsequent violation is guilty\nof a misdemeanor punishable by a fine not to exceed five hundred dollars\nor by imprisonment not to exceed six months or by both such fine and\nimprisonment.\n  * 2. A person who wilfully violates any provision of this chapter, or\nany regulation lawfully made or established by any public officer or\nboard under authority of this chapter, the punishment for violating\nwhich is not otherwise prescribed by this chapter or any other law, is\npunishable by imprisonment not exceeding one year, or by a fine not\nexceeding ten thousand dollars or by both. Effective on and after April\nfirst, two thousand eight the comptroller is hereby authorized and\ndirected to deposit amounts collected in excess of two thousand dollars\nper violation to the patient safety center account to be used for\npurposes of the patient safety center created by title two of article\ntwenty-nine-D of this chapter.\n  * NB Effective until April 1, 2029\n  * 2. A person who wilfully violates any provision of this chapter, or\nany regulation lawfully made or established by any public officer or\nboard under authority of this chapter, the punishment for violating\nwhich is not otherwise prescribed by this chapter or any other law, is\npunishable by imprisonment not exceeding one year, or by a fine not\nexceeding two thousand dollars or by both.\n  * NB Effective April 1, 2029\n
N.Y. RPT Law § 1436 — New York Code / Act RPT / Article 14 / Title 2 / Section 1436
Return of unpaid taxes
Status: in_force

§ 1436. Return of unpaid taxes. 1. The return of unpaid taxes by the\ntreasurer, or a copy thereof certified by the clerk under the corporate\nseal, shall be presumptive evidence of the facts stated therein. A tax\nroll filed with the clerk, or a copy of the same or any part thereof,\ncertified by him under the corporate seal, shall be presumptive evidence\nof the contents thereof, the regularity of the assessment and the right\nto levy such tax.\n  2. At the same time that the treasurer returns the tax roll and\nwarrant, he shall deliver to the board of trustees an account of the\nunpaid taxes. Such account shall describe each parcel of real property\nupon which taxes are unpaid, shall show the person or persons in whose\nname assessed and the amount of unpaid tax. Upon filing with the board\nof trustees a verified statement that the taxes mentioned in such\naccount remain unpaid and that he has been unable to collect the same,\nthe treasurer shall be credited with the amount thereof.\n  3. The board of trustees shall compare the account with the original\ntax roll. If the account is a true transcript, a certificate, executed\nby each member of such board, shall be attached which shall recite that\nthe account has been so compared and found to be correct and shall state\nthe total amount of taxes unpaid. Such facts shall also be included in\nthe official minutes. Within fifteen days after any tax roll and warrant\nhas been returned by the treasurer to the board of trustees of any\nvillage, such board shall file the same in the office of the village\nclerk. A copy of the tax roll shall be permanently retained as a public\nrecord.\n  4. (a) If action to enforce collection is to be initiated pursuant to\nsection fourteen hundred forty-two of this chapter, the account and\ncertificate described in subdivision three of this section shall be\ntransmitted to the county treasurer by the board of trustees within\nfifteen days after the tax roll and warrant has been returned by the\nvillage treasurer to the board of trustees. Upon delivery to the county\ntreasurer of the account and certificate of unpaid village taxes, a\npenalty of five percentum shall be added to each amount currently due\nand owing. The amount of penalty and interest accumulated on any\ndelinquent account at the time such account is transmitted to the county\ntreasurer shall be included in and be deemed part of the amount of the\nunpaid tax for purposes of payments to the village from the county\ntreasurer and for purposes of computing the additional percentage to be\nlevied by the county legislative body.\n  (b) If action to enforce collection is to be initiated pursuant to\ntitle three of this article, the account and certificate described in\nsubdivision three of this section shall be delivered to the village\ntreasurer who shall continue to collect these taxes and enter such\ncollections in the account until commencement of action to enforce\ncollection.\n
N.Y. SOS Law § 401 — New York Code / Act SOS / Article 6 / Title 2 / Section 401
Births to inmates of public homes
Status: in_force

§ 401.  Births to inmates of public homes.  No commissioner of public\nwelfare shall provide care in a public home for any pregnant woman\nduring confinement unless such public home has adequate hospital or\ninfirmary facilities, is equipped to give the necessary medical and\nnursing care and has a certificate from the department authorizing such\npublic home to care for maternity cases.  Certificates authorizing a\npublic home to care for maternity cases may be issued by the department\nfor a one-year period, subject to renewal, but may be revoked at any\ntime by the department.  If the public home is not so certified, a\ncommissioner of public welfare shall, a reasonable time before the\nexpected confinement of any pregnant woman inmate, provide suitable\nmaintenance and medical care for her in a hospital or some other place\nequipped to give adequate care.\n
N.Y. RPT Law § 489-NN — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-NN
Reports to commissioner
Status: in_force

§ 489-nn. Reports to commissioner. 1. Each railroad company shall\nfurnish the commissioner the following:\n  (a) A copy of all income, profit and loss and other financial\nstatements filed with the interstate commerce commission or any other\nfederal agency or officer and the commissioner of transportation; and\n  (b) Such other reports as the commissioner may from time to time\nrequire containing such information and data as it may specify,\nincluding cost and valuation data relating to or an inventory of the\nrailroad real property of such company situated in each assessing unit,\nin order to carry out the provisions of this title.\n  2. Each railroad company shall pay an annual charge to the state\noffice.  All costs and expenses of the state office, direct and\nindirect, incurred in the establishment of railroad ceilings pursuant to\nthis title shall be paid from the collection of an annual charge upon\nrailroad companies. The commissioner shall provide by rule for\ncomputation of this charge through the apportionment of these costs and\nexpenses to railroad companies in direct relation to the value of such\nreal property subject to the ceiling. Charges shall be subject to the\nannual approval of the director of the budget. Any unpaid charge shall\nbe a lien upon the assets of the company and may be enforced by\nappropriate administrative and judicial proceedings commenced by counsel\nto the state office.\n  3. Any railroad company failing to make any report required by or\npursuant to this section within a reasonable time specified by the\ncommissioner shall forfeit to the people of the state the sum of one\nhundred dollars for each failure and the additional sum of fifty dollars\nfor each day that such failure continues. Acknowledgement of receipt of\nblank reports which contain the penalty provisions of this section shall\nbe deemed sufficient notice of such penalties.\n
N.Y. EDN Law § 2036 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2036
Effect of failure to appoint or elect qualified voters as district meeting or election officials
Status: in_force

§ 2036. Effect of failure to appoint or elect qualified voters as\ndistrict meeting or election officials. The proceedings of no annual or\nspecial school district meeting or election shall be held illegal for\nfailure to appoint or elect a qualified voter (or a person satisfying\nthe requirements of subdivision eight of section 3-400 of the election\nlaw) as an official at such district meeting or election, unless it\nshall appear that the acts of such official or officials were improper\nor that the action of such meeting or election was prejudiced thereby.\n
N.Y. ELN Law § 3-218 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-218
Subpoenas; power to issue by boards of elections
Status: in_force

§ 3-218. Subpoenas; power to issue by boards of elections. 1.  The\nboard of elections and any of the commissioners thereof may require any\nperson to appear and attend before the board or a commissioner at an\noffice of the board and be examined by the board or a commissioner as to\nany matter in relation to which the board is charged with a duty under\nthis chapter, or in relation to violations of the elective franchise,\nand subpoenas may issue therefor.\n  2. When an oath is required or permitted by this chapter, any\ncommissioner, or an employee of the board designated in writing by it,\nmay administer such oath.\n
N.Y. PBH Law § 280 — New York Code / Act PBH / Article 2-A / Title 2 / Section 280
Medicaid drug cap
Status: in_force

§ 280. Medicaid drug cap. 1. The legislature hereby finds and declares\nthat there is a significant public interest for the Medicaid program to\nmanage drug costs in a manner that ensures patient access while\nproviding financial stability for the state and participating providers.\nSince two thousand eleven, the state has taken significant steps to\ncontain costs in the Medicaid program by imposing a statutory limit on\nannual growth. Drug expenditures, however, continually outpace other\ncost components causing significant pressure on the state, providers,\nand patient access operating under the Medicaid global cap. It is\ntherefore intended that the department establish a supplemental rebate\nprogram as part of a focused and sustained effort to balance the growth\nof drug expenditures with the growth of total Medicaid expenditures.\n  2. The commissioner shall review at least annually the department of\nhealth state funds Medicaid drug expenditures to identify drugs in the\neightieth percentile or higher of total spend, net of rebate or in the\neightieth percentile or higher based on cost per claim, net of rebate.\n  3. (a) The commissioner may identify and refer drugs in the eightieth\npercentile or higher of total spend, net of rebate or in the eightieth\npercentile or higher based on cost per claim, net of rebate, to the drug\nutilization review board established by section three hundred\nsixty-nine-bb of the social services law for a recommendation as to\nwhether a target supplemental Medicaid rebate should be paid by the\nmanufacturer of the drug to the department and the target amount of the\nrebate.\n  (b) If the department intends to refer a drug to the drug utilization\nreview board pursuant to paragraph (a) of this subdivision, the\ndepartment shall notify the manufacturer of such drug and shall attempt\nto reach agreement with the manufacturer on a rebate for the drug prior\nto referring the drug to the drug utilization review board for review.\nSuch rebate may be based on evidence-based research, including, but not\nlimited to, such research operated or conducted by or for other state\ngovernments, the federal government, the governments of other nations,\nand third party payers or multi-state coalitions, provided however that\nthe department shall account for the effectiveness of the drug in\ntreating the conditions for which it is prescribed or in improving a\npatient's health, quality of life, or overall health outcomes, and the\nlikelihood that use of the drug will reduce the need for other medical\ncare, including hospitalization.\n  (c) In the event that the commissioner and the manufacturer have\npreviously agreed to a supplemental rebate for a drug pursuant to\nparagraph (b) of this subdivision or paragraph (e) of subdivision seven\nof section three hundred sixty-seven-a of the social services law, the\ndrug shall not be referred to the drug utilization review board for any\nfurther supplemental rebate for the duration of the previous rebate\nagreement, provided however, the commissioner may refer a drug to the\ndrug utilization review board if the commissioner determines there are\nsignificant and substantiated utilization or market changes, new\nevidence-based research, or statutory or federal regulatory changes that\nwarrant additional rebates. In such cases, the department shall notify\nthe manufacturer and provide evidence of the changes or research that\nwould warrant additional rebates, and shall attempt to reach agreement\nwith the manufacturer on a rebate for the drug prior to referring the\ndrug to the drug utilization review board for review.\n  (d) The department shall consider a drug's actual cost to the state,\nincluding current rebate amounts, prior to seeking an additional rebate\npursuant to paragraph (b) or (c) of this subdivision.\n  (e) If the commissioner is unsuccessful in entering into a rebate\narrangement with the manufacturer of the drug satisfactory to the\ndepartment, the drug manufacturer shall, in that event be required to\nprovide to the department, on a standard reporting form developed by the\ndepartment, the following information:\n  (i) the actual cost of developing, manufacturing, producing (including\nthe cost per dose of production), and distributing the drug;\n  (ii) research and development costs of the drug, including payments to\npredecessor entities conducting research and development, such as\nbiotechnology companies, universities and medical schools, and private\nresearch institutions;\n  (iii) administrative, marketing, and advertising costs for the drug,\napportioned by marketing activities that are directed to consumers,\nmarketing activities that are directed to prescribers, and the total\ncost of all marketing and advertising that is directed primarily to\nconsumers and prescribers in New York, including but not limited to\nprescriber detailing, copayment discount programs, and\ndirect-to-consumer marketing;\n  (iv) the extent of utilization of the drug;\n  (v) prices for the drug that are charged to purchasers outside the\nUnited States;\n  (vi) prices charged to typical purchasers in the state, including but\nnot limited to pharmacies, pharmacy chains, pharmacy wholesalers, or\nother direct purchasers;\n  (vii) the average rebates and discounts provided per payer type in the\nstate; and\n  (viii) the average profit margin of each drug over the prior five-year\nperiod and the projected profit margin anticipated for such drug.\n  (f) All information disclosed pursuant to paragraph (e) of this\nsubdivision shall be considered confidential and shall not be disclosed\nby the department in a form that identifies a specific manufacturer or\nprices charged for drugs by such manufacturer.\n  4. In determining whether to recommend a target supplemental rebate\nfor a drug, the drug utilization review board shall consider the actual\ncost of the drug to the Medicaid program, including federal and state\nrebates, and may consider, among other things:\n  (a) the drug's impact on Medicaid drug spending, and the adequacy of\ncapitation rates of participating Medicaid managed care plans, and the\ndrug's affordability and value to the Medicaid program; or\n  (b) significant and unjustified increases in the price of the drug; or\n  (c) whether the drug may be priced disproportionately to its\ntherapeutic benefits.\n  5. (a) If the drug utilization review board recommends a target rebate\namount on a drug referred by the commissioner, the department shall\nnegotiate with the drug's manufacturer for a supplemental rebate to be\npaid by the manufacturer in an amount not to exceed such target rebate\namount.\n  (b) The supplemental rebate required by paragraph (a) of this\nsubdivision shall apply to drugs dispensed to enrollees of managed care\nproviders pursuant to section three hundred sixty-four-j of the social\nservices law and to drugs dispensed to Medicaid recipients who are not\nenrollees of such providers.\n  (c) Where the department and a manufacturer enter into a rebate\nagreement pursuant to this section, which may be in addition to existing\nrebate agreements entered into by the manufacturer with respect to the\nsame drug, no additional rebates shall be required to be paid by the\nmanufacturer to a managed care provider or any of a managed care\nprovider's agents, including but not limited to any pharmacy benefit\nmanager, while the department is collecting the rebate pursuant to this\nsection.\n  (d) In formulating a recommendation concerning a target rebate amount\nfor a drug, the drug utilization review board may consider:\n  (i) publicly available information relevant to the pricing of the\ndrug;\n  (ii) information supplied by the department relevant to the pricing of\nthe drug;\n  (iii) information relating to value-based pricing provided, however,\nif the department directly invites any third party to provide\ncost-effectiveness analysis or research related to value-based pricing,\nand the department receives and considers such analysis or research for\nuse by the board, such third party shall disclose any funding sources.\nThe department shall, if reasonably possible, make publicly available\nthe following documents in its possession that it relies upon to provide\ncost effectiveness analyses or research related to value-based pricing:\n(A) descriptions of underlying methodologies; (B) assumptions and\nlimitations of research findings; and (C) if available, data that\npresents results in a way that reflects different outcomes for affected\nsubpopulations;\n  (iv) the seriousness and prevalence of the disease or condition that\nis treated by the drug;\n  (v) the extent of utilization of the drug;\n  (vi) the effectiveness of the drug in treating the conditions for\nwhich it is prescribed, or in improving a patient's health, quality of\nlife, or overall health outcomes;\n  (vii) the likelihood that use of the drug will reduce the need for\nother medical care, including hospitalization;\n  (viii) the average wholesale price, wholesale acquisition cost, retail\nprice of the drug, and the cost of the drug to the Medicaid program\nminus rebates received by the state;\n  (ix) in the case of generic drugs, the number of pharmaceutical\nmanufacturers that produce the drug;\n  (x) whether there are pharmaceutical equivalents to the drug; and\n  (xi) information supplied by the manufacturer, if any, explaining the\nrelationship between the pricing of the drug and the cost of development\nof the drug and/or the therapeutic benefit of the drug, or that is\notherwise pertinent to the manufacturer's pricing decision; any such\ninformation, including the information on the standard reporting form\nrequirement in paragraph (e) of subdivision three of this section,\nprovided shall be considered confidential and shall not be disclosed by\nthe drug utilization review board in a form that identifies a specific\nmanufacturer or prices charged for drugs by such manufacturer.\n  6. (a) After taking into account all rebates and supplemental rebates\nreceived by the department, including rebates received to date pursuant\nto this section, the commissioner may: subject any drug of a\nmanufacturer referred to the drug utilization review board under this\nsection to prior approval in accordance with existing processes and\nprocedures when such manufacturer has not entered into a supplemental\nrebate arrangement as required by this section; direct a managed care\nplan to limit or reduce reimbursement for a drug provided by a medical\npractitioner if the drug utilization review board recommends a target\nrebate amount for such drug and the manufacturer has failed to enter\ninto a rebate arrangement required by this section; direct managed care\nplans to remove from their Medicaid formularies any drugs of a\nmanufacturer who has a drug that the drug utilization review board\nrecommends a target rebate amount for and the manufacturer has failed to\nenter into a rebate arrangement required by this section; promote the\nuse of cost effective and clinically appropriate drugs other than those\nof a manufacturer who has a drug that the drug utilization review board\nrecommends a target rebate amount and the manufacturer has failed to\nenter into a rebate arrangement required by this section; allow\nmanufacturers to accelerate rebate payments under existing rebate\ncontracts; and such other actions as authorized by law. The commissioner\nshall provide written notice to the legislature at least thirty days\nprior to taking action pursuant to this paragraph.\n  (b) The commissioner shall be authorized to take the actions described\nin paragraph (a) of this subdivision. In addition, no such actions shall\nbe deemed to supersede the provisions of paragraph (b) of subdivision\nthree of section two hundred seventy-three of this article or the\nprovisions of subdivisions twenty-five and twenty-five-a of section\nthree hundred sixty-four-j of the social services law; provided further\nthat nothing in this section shall prevent access by a Medicaid\nrecipient to a drug which is the only treatment for a particular disease\nor condition.\n  7. The commissioner shall provide a report by July first annually to\nthe drug utilization review board, the governor, the speaker of the\nassembly, and the temporary president of the senate on savings achieved\nthrough the supplemental rebate programs in the last fiscal year. Such\nreport shall provide data on what savings were achieved through actions\npursuant to subdivisions three, five and six of this section,\nrespectively, and what savings were achieved through other means and how\nsuch savings were calculated and implemented.\n
N.Y. SOS Law § 461-C — New York Code / Act SOS / Article 7 / Title 2 / Section 461-C
Resident care, services and charges
Status: in_force

§ 461-c. Resident care, services and charges. 1. Every operator of an\nadult care facility, except a shelter for adults, shall execute with\neach applicant for admission a written admission agreement, dated and\nsigned by the operator and the parties to be charged, which shall\ncontain the entire agreement of the parties and such other information\nas department regulations shall require.\n  2. Such agreement executed pursuant to subdivision one of this section\nshall enumerate in such detail as may be required by department\nregulation all charges, expenses and other assessments, if any, for\nservices, materials, equipment and food, required by law or regulations\nand other services, materials, equipment and food which such operator\nagrees to furnish and supply to such resident during the period of\nresidency. No additional charges or expenses may be assessed against any\nresident of a residence for adults, adult home or enriched housing\nprogram, in excess of that contained in such agreement, except (a) upon\nexpress written approval and authority of the resident, or his or her\nsponsor, if any, or (b) in order to provide additional care, services or\nsupplies, upon the express order of the attending physician of the\nresident, or (c) upon thirty days notice to the resident and to his or\nher sponsor, if any, of additional charges and expenses due to increased\ncost of maintenance and operation. However, in the event of any\nemergency arising which affects such resident, additional charges may be\nassessed for the benefit of such resident as are reasonable and\nnecessary for services, materials, equipment and food furnished and\nsupplied during such emergency.\n  2-a. (a) There shall be an implied warranty of habitability in each\nwritten admission agreement executed pursuant to this section that shall\nensure the premises be fit for human habitation and for the uses\nreasonably intended by the operator and the resident and that the\noccupants of the facility shall not be subjected to any conditions which\nwould be dangerous, hazardous or detrimental to their life, health,\nsafety or welfare. Such statement shall not be read to be in any way\nlimiting a resident's rights to relief in an administrative or judicial\nproceeding.\n  (b) An action for breach of the warranty of habitability and any\nviolation of a written admission agreement may be maintained in a court\nof competent jurisdiction by the resident or representative of the\nresident. The court shall apply New York Rules of Court Part 130 to any\naction brought pursuant to this section.\n  3. The written agreement executed pursuant to subdivision one of this\nsection shall include a statement indicating that the resident and any\nperson designated by the resident shall be notified by the operator at\nthe request of the resident pursuant to regulations promulgated by the\ndepartment and, shall be provided written notification by the facility\nnot less than thirty days prior to a termination of the resident's\nadmission and services agreement; a statement that upon discharge or\ntransfer, the resident and any person designated by the resident shall\nbe notified by the operator at the request of the resident pursuant to\nregulations promulgated by the department and, is entitled to a final\nwritten statement of his or her account and that the resident is\nentitled to the prompt return, within three business days, of any of his\nor her money, property or thing of value held in trust or in custody by\nthe facility; a statement which details any and all money, property or\nthing of value which is given, or promised to be given to the facility\non admission or at any other time, including any agreements made by\nthird parties for the benefit of a resident; and such other provisions\nas the department determines necessary to fully inform the resident of\nthose items of care, services, materials, equipment and food that must\nbe provided by the facility pursuant to other applicable laws and\nregulations, and the frequency thereof, and any additional items of\ncare, services, materials, equipment and food that the facility may in\nits discretion agree to provide, and the frequency thereof. Waiver of\nany provision contained herein by a resident shall be void. Such\nstatement as herein provided shall be annexed to the admission\nagreement.\n  4. No resident of an adult care facility who is entitled to receive a\npersonal allowance pursuant to the provisions of section one hundred\nthirty-one-o of this chapter shall be required to use any of the\nproceeds from such allowance to pay the operator of an adult care\nfacility for any services or supplies, unless the resident elects to\npurchase such services or supplies and the department has determined\nthat such services or supplies are not otherwise required to be provided\nby the operator pursuant to law, regulation or agreement and the charges\nfor such services or supplies are reasonable.\n  5. Whenever a resident authorizes an operator of an adult care\nfacility or any person affiliated therewith, to exercise control over\nhis or her money, property or thing of value, such authorization shall\nbe in writing and subscribed by the parties to be charged.  Any such\nmoney, property or thing of value belonging to the resident shall not be\nmingled with the funds or become an asset of the person receiving the\nsame, but shall be segregated and recorded on the facility's financial\nrecords as independent accounts.\n  6. No adult care facility shall receive or retain any person who is in\nneed of continual medical or nursing care as provided by facilities\nlicensed pursuant to article twenty-eight of the public health law or\narticles nineteen, twenty-three, thirty-one and thirty-two of the mental\nhygiene law.\n  7. (a) At the time of the admission to an adult care facility, other\nthan a shelter for adults, a resident shall submit to the facility a\nwritten report from a physician, a physician assistant or a nurse\npractitioner, which report shall state:\n  (i) that the physician, physician assistant or nurse practitioner has\nphysically examined the resident within one month and the date of such\nexamination;\n  (ii) that the resident is not in need of acute or long term medical or\nnursing care which would require placement in a hospital or residential\nhealth care facility; and\n  (iii) that the resident is not otherwise medically or mentally\nunsuited for care in the facility.\n  (b) For the purpose of creating an accessible and available record and\nassuring that a resident is properly placed in such a facility, the\nreport shall also contain the resident's significant medical history and\ncurrent conditions, the prescribed medication regimen, and\nrecommendations for diet, the assistance needed in the activities of\ndaily living and where appropriate, recommendations for exercise,\nrecreation and frequency of medical examinations.\n  (c) Such resident shall thereafter be examined by a physician, a\nphysician assistant or a nurse practitioner, at least annually and shall\nsubmit an annual written report in conformity with the provisions of\nthis subdivision.\n  (d) Following a resident's stay in a hospital or residential health\ncare facility, upon return to the adult care facility, the adult care\nfacility shall not be required to obtain the report in paragraph (a) of\nthis subdivision, and instead shall obtain a statement from the\ndischarging facility which shall:\n  (i) state that the resident is appropriate to return to the facility;\nand\n  (ii) include the reason for the resident's stay, the treatment plan to\nbe followed, and any new or changed orders, including medications.\n  The statement shall be completed by a physician, a physician assistant\nor a nurse practitioner.\n  (e) Nothing required in this section shall require the use of an\nidentical form in adult care facilities and assisted living residences,\neither upon admission or return.\n  8. The department shall promulgate regulations with respect to the\nsafekeeping and administration of medications in any adult care facility\nsubject to the provisions of section four hundred sixty-c of this\narticle, in accordance with applicable provisions of law, and after\nconsultation with the state department of health and appropriate offices\nof the state department of mental hygiene.\n  9. The department shall, with the consent of a resident living in a\nfacility which has received the lowest rating for eighteen months from\nthe effective date of this subdivision, pursuant to section four hundred\nsixty-one-n of this title, present the resident and any person\ndesignated by the resident with options on relocating such resident to a\nfacility which has obtained a higher rating, or other housing\nalternatives.\n
N.Y. RPT Law § 545-A — New York Code / Act RPT / Article 5 / Title 2 / Section 545-A
State aid; certain lands in Suffolk county
Status: in_force

§ 545-a. State aid; certain lands in Suffolk county. 1. State aid\nshall be payable to any tax district, as defined in subdivision five of\nthis section when on any assessment roll the taxable assessed valuation\nin such district is reduced by a taking of previously taxable property\nby the state or any agency thereof.\n  2. The state aid payable to a tax district as defined in subdivision\nfive of this section shall be equal to one hundred percent of the total\namount of taxes which were levied on the assessed valuation so removed\nfrom the assessment roll in the year immediately preceding such removal.\nSaid payments shall be made for five years immediately succeeding the\neffective date of this section. In the next three succeeding years,\nstate aid payable to such tax district shall be equal to seventy-five\npercent, fifty percent and twenty-five percent, respectively, of the\ntotal amount of taxes which were levied on the assessed valuation\nremoved from the assessment roll for the year preceding such removal.\n  3. In making computations and determinations pursuant to this section,\nthere shall be taken into account increases or decreases in the level of\nassessment.\n  4. The chief fiscal officer of a tax district which qualifies for\nstate aid pursuant to this section shall make application therefor to\nthe commissioner. The application shall be made on a form prescribed by\nsuch commissioner and shall contain such information as the commissioner\nshall require. Upon approval of the application therefor by the\ncommissioner, such state aid shall be paid upon audit and warrant by the\nstate comptroller.\n  5. The term "tax district" shall mean a school district located within\nthe county of Suffolk wherein real property was taken by the department\nof environmental conservation by deeds recorded on the sixteenth day of\nOctober and the twenty-ninth day of November, nineteen hundred\nseventy-eight.\n
N.Y. GMU Law § 892*2 — New York Code / Act GMU / Article 18-A / Title 2 / Section 892*2
Cayuga county industrial development agency
Status: in_force

* § 892. Cayuga county industrial development agency. For the benefit\nof the county of Cayuga and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the CAYUGA COUNTY INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter. Its members shall be appointed by the\ngoverning body of the county of Cayuga. The agency, its members,\nofficers and employees, and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n  * NB There are 2 § 892's\n
N.Y. RPT Law § 422 — New York Code / Act RPT / Article 4 / Title 2 / Section 422
Not-for-profit housing companies
Status: in_force

§ 422. Not-for-profit housing companies. 1. (a) Real property owned by\na not-for-profit corporation organized pursuant to the not-for-profit\ncorporation law and the provisions of article two of the private housing\nfinance law, used exclusively to provide housing and auxiliary\nfacilities for faculty members, students, employees, nurses, interns,\nresident physicians, researchers and other personnel and their immediate\nfamilies in attendance or employed at colleges, universities,\neducational institutions, child care institutions, hospitals and medical\nresearch institutes, or for handicapped or aged persons of low income,\nor owned by non-profit nursing home companies organized pursuant to the\nnot-for-profit corporation law and the provisions of article\ntwenty-eight-A of the public health law, used exclusively to provide\nfacilities for nursing care to sick, invalid, infirm, disabled or\nconvalescent persons of low income, or to provide health-related service\nas defined in article twenty-eight of the public health law to persons\nof low income, or any combination of the foregoing, and in addition\nthereto, to provide nursing care and health-related service, or either\nof them, to persons of low income who are not occupants of the project,\nor owned by housing development fund companies organized pursuant to the\nnot-for-profit corporation law and article eleven of the private housing\nfinance law, used exclusively to provide housing for handicapped or aged\npersons of low income, and financed by a federally-aided mortgage as\ndefined in said article eleven, or owned by companies organized pursuant\nto the not-for-profit corporation law and the provisions of article\nseventy-five of title E of the mental hygiene law, used exclusively to\nprovide care, treatment, training, education and residential\naccommodations for operation as hostels for people with mental illness\nor developmental disabilities, or owned by companies organized pursuant\nto the membership corporations law and the provisions of article seven-A\nof the private housing finance law, used exclusively to provide\nprograms, services and other facilities for the aging, shall be exempt\nfrom taxation and exempt from special ad valorem levies and special\nassessments to the extent provided in section four hundred ninety of\nthis chapter, provided, however, that in a city having a population of\none million or more real property owned by any such corporation which is\nto provide housing accommodations, substantially all of which are or are\nto be assisted by rent subsidies made or to be made available by the\nFederal government pursuant to a contract under section eight of the\nUnited States Housing Act of nineteen hundred thirty-seven, as amended,\nor pursuant to a project rental assistance contract under section two\nhundred two of the United States Housing Act of nineteen hundred\nfifty-nine, as amended, or pursuant to a project rental assistance\ncontract under section eight hundred eleven of the National Affordable\nHousing Act of nineteen hundred ninety, as amended, shall from and after\nthe commencement of construction be subject to taxation or exempt\ntherefrom to the extent approved by a municipality acting through its\nlocal legislative body, as such local legislative body is defined in\nsubdivision twelve of section two of the private housing finance law. No\nsuch corporation or company shall pay a dividend on any of its stock or\npay interest on any of its debentures. Provided further, however, in a\ncounty having a population of one million or more and having not more\nthan three towns within such county, real property owned by housing\ndevelopment fund companies organized pursuant to the not-for-profit\ncorporation law and article eleven of the private housing finance law,\nused exclusively to provide housing for handicapped or aged persons of\nlow income, and financed by a federally-aided mortgage as defined in\nsaid article eleven shall from and after the commencement of\nconstruction be subject to taxation or exempt therefrom to the extent\napproved by a municipality acting through its local legislative body, as\nsuch local legislative body is defined in subdivision twelve of section\ntwo of the private housing finance law. Any tax payments and/or payments\nin lieu of taxes made to a municipality pursuant to the preceding\nsentence shall not be passed through nor become the liability of any of\nthe occupants of such property.\n  (b) If any portion of such real property of such corporation is not\nused exclusively for housing of those persons set forth in paragraph a\nof this section but is leased or otherwise used for purposes pursuant to\narticle two of the private housing finance law, such portion, provided\nit does not exceed ten per centum of the total, shall be subject to such\nlimited exemption as is authorized pursuant to article two of the\nprivate housing finance law, and the remaining portion only shall be\nfully exempt. If any portion of the real property of such corporation in\nexcess of ten per centum of the total is leased or otherwise used for\nhousing pursuant to article two of the private housing finance law, the\ntotal property shall be subject to such limited exemption as is\nauthorized pursuant to article two of the private housing finance law.\nReal property exempt from taxation pursuant to this paragraph shall also\nbe exempt from special ad valorem levies and special assessments to the\nextent provided in section four hundred ninety of this chapter.\n  (c) In real property used in part for handicapped or aged persons of\nlow income priority and preference in the rental of such real property\nfor purposes not specified in paragraph a shall be given to a family of\na person legally responsible for the care of a handicapped or an aged\nperson residing in such real property. This preference and priority\nshall apply to only one such family for each handicapped or aged tenant.\n  2. (a) The exemption provided in paragraphs (a) and (b) of subdivision\none of this section shall be upon condition that the property owned by\nsuch corporation shall upon dissolution vest in such college,\nuniversity, educational institution, hospital, medical research\ninstitute, child care institution, or other not-for-profit corporation,\nif such college, university, educational institution, hospital, medical\nresearch institution, child care institution, or other not-for-profit\ncorporation is exempt from taxation pursuant to the provisions of\nsection four hundred twenty-a or four hundred twenty-b of this article\nand if no part of the net earnings of such college, university,\neducational institution, hospital, medical research institute, child\ncare institution, or other not-for-profit corporation shall inure to the\nbenefit of any private individual.\n  (b) In the event that such college, university, educational\ninstitution, hospital, medical research institute, child care\ninstitution, or other not-for-profit corporation is not otherwise exempt\nfrom taxation, title to the property shall nevertheless vest therein,\nbut only upon payment to the municipality of a sum equal to the total of\nall accrued taxes, levies and assessments from which such property has\nbeen exempt under the provisions of this section.\n
N.Y. EDN Law § 2590-G — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-G
Powers and duties of the city board
Status: in_force

* § 2590-g. Powers and duties of the city board. The city board shall\nadvise the chancellor on matters of policy affecting the welfare of the\ncity school district and its pupils. The board shall exercise no\nexecutive power and perform no executive or administrative functions.\nNothing herein contained shall be construed to require or authorize the\nday-to-day supervision or the administration of the operations of any\nschool within the city school district of the city of New York. The\nboard shall have the power and duty to:\n  1. (a) approve standards, policies, and objectives proposed by the\nchancellor directly related to educational achievement and student\nperformance;\n  (b) consider and approve any other standards, policies, and objectives\nas specifically authorized or required by state or federal law or\nregulation;\n  (c) approve all regulations proposed by the chancellor or the city\nboard and any amendments made thereto;\n  (d) approve the educational facilities capital plan, and any\namendments requiring city board approval pursuant to section twenty-five\nhundred ninety-p of this article, following any applicable hearings\nconducted by the community district education councils;\n  (e) approve annual estimates of the total sum of money which it deems\nnecessary for the operation of the city district and the capital budget\npursuant to section twenty-five hundred ninety-q of this article;\n  (f) approve the allocation of projected revenues among community\ndistricts and their schools pursuant to subdivision a of section\ntwenty-five hundred ninety-r of this article and to approve the\naggregation of the community district budgets, with a proposed budget\nfor administrative and operational expenditures of the city board and\nthe chancellor, following a public hearing pursuant to subdivision f of\nsection twenty-five hundred ninety-r of this article;\n  (g) approve a procurement policy for the city district, and any\namendments made thereto, developed pursuant to subdivision thirty-six of\nsection twenty-five hundred ninety-h of this article; and\n  (h) approve proposals for all school closures or significant changes\nin school utilization including the phase-out, grade reconfiguration,\nre-siting, or co-location of schools, following any hearing pursuant to\nsubdivision two-a of section twenty-five hundred ninety-h of this\narticle. If the city board approves such a proposal that the relevant\ncommunity council affirmatively voted against pursuant to subdivision\ntwenty-one of section twenty-five hundred ninety-e of this article, the\nboard shall provide such council an explanation for its determination\nwithin thirty days of such determination.\n  2. for all purposes, be the government or public employer of all\npersons appointed or assigned by the city board or the community\ndistricts; provided, however, that the chancellor shall have the\nauthority to appoint staff pursuant to subdivision forty-one of section\ntwenty-five hundred ninety-h of this article;\n  2-a. adopt a policy proposed by the chancellor that promotes the\nrecruitment and retention of a workforce at the city district, community\ndistrict and school level that considers the diversity of the students\nattending the public schools within the city district. The city board\nshall review at a regular public meeting an annual report issued by the\nchancellor outlining the initiatives taken to enhance diversity and\nequity in recruitment and retention and the impacts of such initiatives\nto the workforce at the city district, community district and school\nlevel;\n  3. serve as the appeal board as provided in section twenty-five\nhundred ninety-l of this article, and subject to such powers, duties,\nand restrictions as were in effect before the effective date of this\nsection;\n  4. subject to the provisions of section twenty-five hundred ninety-i\nof this article, maintain such jurisdiction over city-wide educational\npolicies governing the special, academic, vocational, and other high\nschools authorized by this article before the effective date of this\nsection as the respective community district education councils maintain\nover the schools within their jurisdiction, which shall not be construed\nto require or authorize the day-to-day supervision or the administration\nof the operations of such schools.\n  5. (a) Approve any contract awarded by the city district or the\ncommunity districts where:\n  (i) such contract was let by a procurement method other than\ncompetitive sealed bidding pursuant to subdivision thirty-six of section\ntwenty-five hundred ninety-h of this article, including but not limited\nto competitive sealed proposals, or sole source contracts;\n  (ii) such contract provides for technical, consultant or personal\nservices;\n  (iii) the value of such contract exceeds, or projects an annual\nexpenditure exceeding one million dollars; or\n  (iv) the value of any contracts awarded to a single entity exceeds one\nmillion dollars annually;\n  (b) Approve all franchises, revocable consents, and concessions\nawarded by the city district or the community districts.\n  (c) Notwithstanding paragraphs (a) and (b) of this subdivision, city\nboard approval shall not be required for any contract with the United\nStates General Services Administration or any other federal agency, if\nthe price is lower than the prevailing market price, or the New York\nstate office of general services or any other state agency, if the price\nis lower than the prevailing market price, or for any contract made\ndirectly by an individual school.\n  6. Approve litigation settlements only when such settlement would\nsignificantly impact the provision of educational services or\nprogramming within the district.\n  6-a. Approve by-laws for the city board pursuant to section\ntwenty-five hundred ninety-d of this article.\n  7. All items requiring city board approval shall be by a public vote\nat a regular public meeting, consistent with the requirements contained\nwithin subdivision one of section twenty-five hundred ninety-b of this\narticle, and such items shall not become effective until after such vote\noccurs except as expressly authorized in subdivision nine of this\nsection.\n  8. (a) Prior to the approval of any proposed item listed in\nsubdivision one of this section, undertake a public review process to\nafford the public an opportunity to submit comments on the proposed\nitem. Such public review process shall include notice of the item under\ncity board consideration which shall be made available to the public,\nincluding via the city board's official internet website, and\nspecifically circulated to all community superintendents, community\ndistrict education councils, community boards, and school based\nmanagement teams, at least forty-five days in advance of any city board\nvote on such item. Notice of the proposed item under city board\nconsideration shall include:\n  (i) a description of the subject, purpose and substance of the\nproposed item under consideration;\n  (ii) information regarding where the full text of the proposed item\nmay be obtained;\n  (iii) the name, office, address, email and telephone number of a city\ndistrict representative, knowledgeable on the item under consideration,\nfrom whom any information may be obtained concerning such item;\n  (iv) date, time and place of any hearing regarding the proposed item,\nif applicable;\n  (v) date, time and place of the city board meeting at which the city\nboard will vote on the proposed item; and\n  (vi) information on how to submit written or oral comments regarding\nthe item under consideration.\n  (b) In the event that a proposed item listed in subdivision one of\nthis section is substantially revised at any time following the public\nnotice provided pursuant to paragraph (a) of this subdivision, the city\nboard shall issue a revised public notice. Such revised notice shall be\navailable at least fifteen days in advance of any city board vote on the\nproposed item, but in no event shall the city board vote on any such\nitem within forty-five days from the initial public notice provided\npursuant to paragraph (a) of this subdivision. Revised public notice of\nthe item under city board consideration shall include:\n  (i) a description of the subject, purpose and substance of the revised\nitem under consideration;\n  (ii) identification of all substantial revisions to the item;\n  (iii) a summary of all public comments received on such item following\nthe initial public notice pursuant to paragraph (a) of this subdivision;\n  (iv) information regarding where the full text of the revised item may\nbe obtained;\n  (v) the name, office, address, email and telephone number of a city\ndistrict representative, knowledgeable on the item under consideration,\nfrom whom any information may be obtained concerning such item;\n  (vi) date, time and place of any hearing regarding the item, if\napplicable;\n  (vii) date, time and place of the city board meeting at which the city\nboard will vote on the item; and\n  (viii) information on how to submit written or oral comments regarding\nthe item under consideration.\n  (c) Following the public review process pursuant to paragraph (a) or\n(b) of this subdivision but prior to voting on any proposed item listed\nin subdivision one of this section, the city board shall make available\nto the public, including via the city board's official internet web\nsite, an assessment of all public comments concerning the item under\nconsideration received prior to twenty-four hours before the city board\nmeeting at which such item is subject to a vote. Such assessment shall\ninclude:\n  (i) a summary and an analysis of the issues raised and significant\nalternatives suggested;\n  (ii) a statement of the reasons why any significant alternatives were\nnot incorporated into the proposed item;\n  (iii) a description of any changes made to the proposed item as a\nresult of public comments received; and\n  (iv) information as to where the full text of any approved item may be\nobtained.\n  9. In the event the city board or the chancellor determines that\nimmediate adoption of any item requiring city board approval is\nnecessary for the preservation of student health, safety or general\nwelfare and that compliance with the requirements of subdivision seven\nor eight of this section would be contrary to the public interest, then\nsuch proposed item may be adopted on an emergency basis. The city board\nor chancellor shall provide written justification for such determination\nand make such justification publicly available including via the city\nboard's official internet web site. Except as expressly authorized for\nschool closures or significant changes in school utilizations pursuant\nto paragraph (f) of subdivision two-a of section twenty-five hundred\nninety-h of this article, all emergency adoptions shall only remain in\neffect for sixty days, during such time the city board shall comply with\nthe requirements of this subdivision in order for the adoption of the\nitem to become permanent.\n  10. Respond, at a regular public meeting, to the recommendations\nraised in the annual reports issued by the city-wide council on special\neducation, the city-wide council on English language learners, the\ncity-wide council on high schools and the city-wide council on district\nseventy-five.\n  11. Conduct an annual survey to allow parents, teachers and school\npersonnel to evaluate the performance of the city board and the\nchancellor with regards to city district resources, oversight and\ncurriculum. The results of such survey shall be made publicly available\nincluding via the city board's official internet website.\n  12. Provide information, data, estimates and statistics regarding all\nmatters relating to the city district as requested by the director of\nthe independent budget office of the city of New York or the comptroller\nof the city of New York, in a timely fashion.\n  * NB Effective until June 30, 2028\n  * § 2590-g. Powers and duties of the city board. The city board shall\nadvise the chancellor on matters of policy affecting the welfare of the\ncity school district and its pupils. Except as otherwise provided by\nlaw, the board shall exercise no executive power and perform no\nexecutive or administrative functions. The board shall have the power\nand duty to:\n  1. (a) approve standards, policies, objectives and regulations\nproposed by the chancellor directly related to educational achievement\nand student performance; (b) approve standards, policies, objectives and\nregulations directly related to maintaining the internal fiscal\nintegrity of administrative operations by the chancellor, the community\ndistricts and the schools; and (c) consider and approve any other\nstandards, policies, objectives and regulations at the request of the\nchancellor, or otherwise only as specifically authorized or required by\nstate or federal law or regulation;\n  2. for all purposes, be the government or public employer of all\npersons appointed or assigned by the city board or the community\ndistricts;\n  3. serve as the appeal board as provided in section twenty-five\nhundred ninety-l of this article, and subject to such powers, duties and\nrestrictions as were in effect before the effective date of this\nsection;\n  4. subject to the provisions of section twenty-five hundred ninety-i\nof this article, maintain such jurisdiction over policies governing the\nspecial, academic, vocational and other high schools authorized by this\narticle before the effective date of this section as the respective\ncommunity boards maintain over the schools within their jurisdiction,\nwhich shall not be construed to require or authorize the day-to-day\nsupervision or the administration of the operations of such schools.\n  5. (a) Prescribe regulations and bylaws requiring members of the city\nboard, the chancellor, and any other officer or employee in schools and\nprograms under the jurisdiction of the city board and the chancellor, to\nmake annual written disclosure to the city board, of the following\ninformation:\n  (i) the employment by the city school board or any community board of\nany person related within the third degree of consanguinity or affinity\nto the person making disclosure, including the employment of any such\nperson for which a two-thirds vote was required under paragraph e of\nsubdivision four of section twenty-five hundred ninety-j of this article\nwith a notation of the date such vote was taken.\n  (ii) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n  (b) Regulations and bylaws authorized herein shall apply with equal\nforce and effect to community board members, community superintendents\nand all other officers and employees in schools and programs under the\njurisdiction of the community boards.\n  (c) The city board shall review, at least once annually, compliance\nwith the requirements of subdivisions five and six of section\ntwenty-five hundred ninety-e of this article and regulations or bylaws\nprescribed hereunder. Any community board member, community\nsuperintendent or other officer or employee required to make disclosure\nwho fails to make such disclosure shall be notified in writing of their\nfailure to do so and given thirty days within which to comply.\n  (d) Willful failure to make full and timely disclosure shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as provided by law.\n  (e) Disclosures made pursuant to the requirements herein and any\nnotification of failure to make disclosures shall be made available for\npublic inspection during regular business hours on regular business\ndays; and\n  6. (a) Prescribe regulations and bylaws requiring members of the city\nboard, the chancellor and, for good cause shown, any other officer or\nemployee in schools and programs under the jurisdiction of the city\nboard and the chancellor, to submit to the city board, in the discretion\nof the city board, financial reports for themselves and their spouses.\n  (b) The frequency and period of coverage, the designation of persons\nto submit such reports by name, title or income level or by a\ncombination thereof, and the content of such reports, including minimum\ndollar amounts, shall be determined by the city board and such reports\nmay include but not necessarily be limited to the following:\n  (i) amount and source of income for services rendered, together with a\ndescription of such services;\n  (ii) amount and source of gifts, capital gains, reimbursements for\nexpenditures, and honoraria;\n  (iii) investments in securities and real property;\n  (iv) amount of debts and names of creditors;\n  (v) outstanding loans and other forms of indebtedness due to person\nreporting or spouse, by name and amounts;\n  (vi) trusts and other fiduciary relationships and their assets in\nwhich a beneficial interest is held.\n  (c) Regulations and bylaws authorized herein shall apply with equal\nforce and effect to community board members, community superintendents\nand all other officers and employees in schools and programs under the\njurisdiction of the community boards.\n  (d) Willful failure to file required financial reports shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as provided by law.\n  * NB Effective June 30, 2028\n
N.Y. LAB Law § 415 — New York Code / Act LAB / Article 15 / Title 2 / Section 415
Head house and trap doors
Status: in_force

§ 415. Head house and trap doors. Every underground working over forty\nfeet deep shall have a proper head house and proper trap doors which,\nwhen installed subsequent to the effective date of this act, shall be\nconstructed of fire-resistant material.\n
N.Y. VAT Law § 238 — New York Code / Act VAT / Title 2 / Article 2-B / Section 238
Notice of violation
Status: in_force

§ 238. Notice of violation. 1. The notice of violation shall contain\ninformation advising the person charged of the manner and the time in\nwhich he may plead either guilty or not guilty to the violation alleged\nin the notice. Such notice of violation shall also contain a warning to\nadvise the person charged that failure to plead in the manner and time\nprovided shall be deemed an admission of liability and that a default\njudgment may be entered thereon. The form and wording of the notice of\nviolation shall be prescribed by the director. A duplicate of each\nnotice of violation shall be served on the person charged in the manner\nhereinafter provided. The original or a facsimile thereof shall be filed\nand retained by the bureau, and shall be deemed a record kept in the\nordinary course of business, and shall be prima facie evidence of the\nfacts contained therein.\n  2. A notice of violation shall be served personally upon the operator\nof a motor vehicle who is present at the time of service, and his name,\ntogether with the plate designation and the plate type as shown by the\nregistration plates of said vehicle and the expiration date; the make or\nmodel, and body type of said vehicle; a description of the charged\nviolation, including but not limited to a reference to the applicable\ntraffic rule or provision of this chapter; information as to the days\nand hours the applicable rule or provision of this chapter is in effect,\nunless always in effect pursuant to rule or this chapter and where\nappropriate the word ALL when the days and/or hours in effect are\neveryday and/or twenty-four hours a day; the meter number for a meter\nviolation, where appropriate; and the date, time and particular place of\noccurrence of the charged violation, shall be inserted therein. A mere\nlisting of a meter number in cases of charged meter violations shall not\nbe deemed to constitute a sufficient description of a particular place\nof occurrence for purposes of this subdivision. The notice of violation\nshall be served upon the owner of the motor vehicle if the operator is\nnot present, by affixing such notice to said vehicle in a conspicuous\nplace. Whenever such notice is so affixed, in lieu of inserting the name\nof the person charged with the violation in the space provided for the\nidentification of said person, the words "owner of the vehicle bearing\nlicense" may be inserted to be followed by the plate designation and\nplate type as shown by the registration plates of said vehicle together\nwith the expiration date; the make or model, and body type of said\nvehicle; a description of the charged violation, including but not\nlimited to a reference to the applicable traffic rule or provision of\nthis chapter; information as to the days and hours the applicable rule\nor provision of this chapter is in effect unless always in effect\npursuant to rule or this chapter and where appropriate the word ALL when\nthe days and/or hours in effect are every day and/or twenty-four hours a\nday; the meter number for a meter violation where appropriate; and the\ndate, time and particular place of occurrence of the charged violation.\nService of the notice of violation, or a duplicate thereof by affixation\nas herein provided shall have the same force and effect and shall be\nsubject to the same penalties for disregard thereof as though the same\nwas personally served with the name of the person charged with the\nviolation inserted therein.\n  2-a. (a) Notwithstanding any inconsistent provision of subdivision two\nof this section, where the plate type or the expiration date are not\nshown on either the registration plates or sticker of a vehicle or where\nthe registration sticker is covered, faded, defaced or mutilated so that\nit is unreadable, the plate type or the expiration date may be omitted\nfrom the notice of violation; provided, however, such condition must be\nso described and inserted on the notice of violation.\n  (b) If any information which is required to be inserted on a notice of\nviolation is omitted from the notice of violation, misdescribed, or\nillegible, the violation shall be dismissed upon application of the\nperson charged with the violation.\n  (c) (i) A determination dismissing a charged parking violation that\nhas been procured due to the knowing fraud, false testimony,\nmisrepresentation, or other misconduct, or the knowing alteration of a\nnotice of parking violation, by the person so charged or his or her\nagent, employee, or representative may be set aside by a hearing\nexaminer as hereinafter provided.\n  (ii) Notice shall be served on the owner by mail to the last known\nregistered address within two years of the time that the enforcing\nauthority discovers, or could with reasonable diligence have discovered,\nthat the dismissal was procured due to the knowing fraud, false\ntestimony, misrepresentation, or other misconduct, or the knowing\nalteration of a notice of parking violation, by the person so charged or\nhis or her agent, employee, or representative. Such notice shall fix a\ntime when and place where a hearing shall be held before a hearing\nexaminer to determine whether or not dismissal of a charged parking\nviolation shall be set aside. Such notice shall set forth the basis for\nsetting aside the dismissal and advise the owner that failure to appear\nat the date and time indicated in such notice shall be deemed an\nadmission of liability and shall result in the setting aside of the\ndismissal and entry of a determination on the charged parking violation.\nSuch notice shall also contain a warning that civil penalties may be\nimposed for the violation pursuant to this paragraph and that a default\njudgment may be entered thereon.\n  (iii) Upon a finding by a hearing examiner that the dismissal of a\ncharged parking violation has been procured due to the knowing fraud,\nfalse testimony, misrepresentation, or other misconduct, or the knowing\nalteration of a notice of parking violation, by the person so charged or\nhis or her agent, employee, or representative, the dismissal shall be\nset aside and a determination may be rendered against the owner on the\ncharged parking violation. The hearing examiner may impose monetary\npenalties for the charged parking violation of up to three times the\nscheduled fine for the violation and three times the additional\npenalties that may be imposed for failure to respond to a notice of\nviolation pursuant to section two hundred thirty-five of this article.\nFor purposes of determining the amount of such additional penalties, the\nhearing examiner shall disregard the plea that procured the dismissal\nthat has been set aside and shall calculate such penalties as if there\nhad been no plea or appearance in the proceeding. In any proceeding\nunder this paragraph to set aside a determination and to impose\npenalties for the violation, it shall not be necessary for the hearing\nexaminer to find that the owner personally committed the unlawful acts\nthat procured the dismissal of the violation.\n  (iv) Failure to appear at a hearing in response to a notice issued\npursuant to this paragraph shall be deemed to be an admission of\nliability for the charged parking violation as set forth in the original\nnotice of violation and a default judgment may be entered against the\nowner in the maximum amount set forth in subparagraph (iii) of this\nparagraph.\n  (v) Notwithstanding any inconsistent provision of section two hundred\nforty-one of this article, a default judgment may be entered pursuant to\nthis paragraph more than two years after the expiration of the time\nprescribed for entering a plea or contesting an allegation, but no more\nthan two years of the time that the enforcing authority discovers, or\ncould with reasonable diligence have discovered, that the dismissal was\nprocured due to the knowing fraud, false testimony, misrepresentation,\nor other misconduct, or the knowing alteration of a notice of parking\nviolation.\n  3. For purposes of this section, an operator of a vehicle who is not\nthe owner thereof but who uses or operates such vehicle with the\npermission of the owner, express or implied, shall be deemed to be the\nagent of such owner to receive notices of violation, whether personally\nserved on such operator or served by affixation in the manner aforesaid,\nand service made in either manner as herein provided shall also be\ndeemed to be lawful service upon such owner.\n
N.Y. SOS Law § 472-N — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-N
Statements as to age
Status: in_force

§ 472-n.  Statements as to age.  In all cases under this article where\nchildren shall come under the care, custody or control of said\ncorporation, the age of such children shall, so far as said corporation\nis concerned, be prima facie deemed and taken to be correct as stated in\nthe written surrender of the parent or guardian, or the order of\nplacement or commitment by a family court, or in the transfer or\nplacement by any agency at the time of placement, admission or\ncommitment.\n
N.Y. EDN Law § 2031 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2031
Election of officers
Status: in_force

§ 2031. Election of officers.  All district officers shall be elected\nby ballot.\n
N.Y. PBH Law § 230-C — New York Code / Act PBH / Article 2 / Title 2-A / Section 230-C
Administrative review board for professional medical conduct
Status: in_force

§ 230-c. Administrative review board for professional medical conduct.\n1. There is hereby created an administrative review board for\nprofessional medical conduct for the purpose of reviewing determinations\nof committees on professional conduct of the state board for\nprofessional medical conduct.  The review board may not review a\ncommissioner's summary order under subdivision twelve of section two\nhundred thirty of this title.\n  2. The review board shall consist of five members of the board\nappointed by the governor with the consent of the senate.  Three of the\nmembers of the review board shall be physicians from the board for\nprofessional medical conduct.  Two of the members of the review board\nshall be lay members from the board for professional medical conduct.\nThe chairperson shall assign appropriate staff to assist the review\nboard.\n  3. All members shall serve three year terms, provided that two of the\ninitial appointments shall serve for a term of two years and one of the\ninitial appointments shall serve for one year.\n  4. Filing and determination of review.  (a) The determinations of a\ncommittee on professional conduct of the state board for professional\nmedical conduct may be reviewed by the administrative review board for\nprofessional medical conduct.  Either the licensee or the department may\nseek a review. A notice of review must be served by certified mail upon\nthe administrative review board and the adverse party within fourteen\ndays of service of the determination of the committee on professional\nconduct of the state board for professional medical conduct.  A\ncommissioner's summary order under subdivision twelve of section two\nhundred thirty of this title and the penalty in any case in which\nannulment, suspension without stay or revocation of the licensee's\nlicense is ordered by the committee on professional conduct shall remain\nin effect until the review board renders its determination.  Any penalty\nimposed by the order of the committee on professional medical conduct,\nother than a penalty of annulment, suspension without stay or\nrevocation, is stayed by the service of the notice of review upon the\nadministrative review board and remains stayed until the review board\nrenders its determination.  All parties have thirty days from the\nservice of the notice of review to submit briefs to the board. A notice\nof review shall be perfected only if a brief is timely submitted.  All\nparties shall have seven days from the receipt of the submitted brief to\nfile a response. All reviews shall consist of a review of the record of\nthe hearing and submitted briefs only. A written determination of the\nreview board must be rendered within forty-five days of the submission\nof briefs and a stipulated record.\n  (b) The review board shall review whether or not the determination and\nthe penalty are consistent with the findings of fact and conclusions of\nlaw and whether or not the penalty is appropriate and within the scope\nof penalties permitted by section two hundred thirty-a of this title.\nThe review board shall have the authority to remand a case to the\ncommittee on professional conduct for reconsideration or further\nproceedings.\n  (c) All determinations shall be based upon a majority concurrence of\nthe administrative review board.\n  (d) The administrative review board shall issue an order based upon\nthe determination of the administrative review board.  Such order shall\nbe served on all parties by certified mail.\n  5. Judicial review. An order of the administrative review board for\nprofessional medical conduct or a determination of a committee in which\nno review by the administrative review board was requested may be\nreviewed pursuant to the proceedings under article seventy-eight of the\ncivil practice law and rules. Such proceeding shall be returnable before\nthe appellate division of the third judicial department and such\ndecisions shall not be stayed or enjoined except upon application to\nsuch appellate division after notice to the department and to the\nattorney general and upon a showing that the petitioner has a\nsubstantial likelihood of success. Failure to seek an order of the\nadministrative review board shall not be grounds for dismissal of such a\nproceeding.\n
N.Y. PBA Law § 1045-L — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-L
Pledge effective without filing or recording
Status: in_force

§ 1045-l. Pledge effective without filing or recording. Any provision\nof the uniform commercial code to the contrary notwithstanding, any\npledge of or other security interest in revenues or other personal\nproperty made or created by the authority, the water board or the city\npursuant to this title shall be valid, binding and perfected against all\nparties having claims of any kind in tort, contract or otherwise against\nthe authority, the water board or the city, as the case may be,\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such pledge or security interest is created nor any\nfinancing statement need be recorded or filed.\n
N.Y. RPT Law § 545 — New York Code / Act RPT / Article 5 / Title 2 / Section 545
State aid; state-owned lands
Status: in_force

§ 545. State aid; state-owned lands. 1. Whenever the state or an\nagency of the state acquires real property which becomes exempt as a\nresult of such acquisition and which constitutes two per cent or more of\nthe total taxable assessed valuation of the latest preceding assessment\nroll or there is a reduction in assessments on taxable state lands, the\ncommissioner shall establish a "transition assessment" which will in\neffect prevent any loss of taxable assessed valuation on the assessment\nroll for the first year affected by such occurrence or occurrences. For\neach succeeding year, the commissioner shall establish a transition\nassessment which will in effect limit to two per cent of the total\ntaxable assessed valuation on the latest preceding assessment roll the\nloss in taxable assessed valuation on such roll as a result of such\noccurrence or occurrences, and (i) further acquisitions by the state or\nan agency of the state, or (ii) further reductions in assessments on\ntaxable state lands, or (iii) both (i) and (ii).\n  2. In the first year of such occurrence or occurrences, the\ncommissioner shall establish a transition assessment.\n  3. In establishing transition assessments pursuant to this section,\nthe commissioner shall: a. In determining whether real property acquired\nby the state or an agency of the state constitutes two per cent or more\nof the total taxable assessed valuation of the latest preceding\nassessment roll, the assessed valuation of the property acquired shall\nbe determined from the second assessment roll preceding the first\nassessment roll affected by the acquisition;\n  b. In making computations and determinations pursuant to this section,\ntake into account increases or decreases in level of assessment on the\nassessment rolls involved;\n  c. In establishing a transition assessment for a town assessment roll,\nindicate the amount of the transition assessment which is applicable to\nthat portion of the town located outside of any village and also the\namount of the transition assessment upon which state aid shall be paid\nfor county purposes;\n  d. Round all transition assessments to the nearest ten dollars.\n  4. The transition assessments as established and certified by the\ncommissioner shall be entered by the assessor or other appropriate local\nofficial on the assessment roll and shall be, and shall be treated for\nall purposes as, taxable assessed valuation on such roll.\n  5. The commissioner shall certify to the state comptroller all\ntransition assessments which it establishes and the state comptroller\nshall pay as state aid the amounts, equivalent to the taxes, levied on\nsuch assessments, in the manner prescribed by section five hundred\nforty-four of this chapter out of moneys appropriated by the legislature\nfor the payment of taxes on state-owned lands.\n  6. In making transition assessments pursuant to this section:\n  (a) for property acquired by a state public authority or by the state\nfor the purposes of a state public authority, such transition\nassessments shall be reduced to take into account any payments in lieu\nof taxes made pursuant to law by such state public authority to the tax\ndistrict, so that the total of state aid paid on each transition\nassessment and the payment in lieu of taxes received by the tax district\nwould be in effect equal to the state aid payable on such transition\nassessment computed without regard to this subdivision; and\n  (b) for state lands in which interests have been granted by the state\nto others which interests and improvements made to lands in which those\ninterests have been granted are taxable pursuant to subdivision two of\nsection five hundred sixty-four of this article, such transition\nassessments shall be reduced by the taxable assessed value of those\ninterests and improvements.\n  (c) The assessor in each assessing unit for which transition\nassessments are made pursuant to this section shall annually report to\nthe commissioner the total taxable assessed value of interests and\nimprovements subject to taxation pursuant to subdivision two of section\nfive hundred sixty-four of this article. This report shall be filed not\nlater than ten days after the completion and filing of the final\nassessment roll each year.\n  7. Definitions. As used in this section: a. "Agency of the state", in\nthe case of public authorities, includes state public authorities but\nexcludes all other public authorities.\n  b. "Assessment roll", in the case of a city or town, means the entire\ncity or town assessment roll; in the case of a village, means the entire\nvillage assessment roll, except in the case of a village which has\nenacted a local law as provided in subdivision three of section fourteen\nhundred two of this chapter, may also mean that part of the assessment\nroll of the town or county upon which village taxes were or are to be\nlevied; in the case of a county, means the entire city or town\nassessment roll affected by the occurrence or occurrences described in\nsubdivision one of this section; in the case of a school district or\nspecial district, means that portion of the city or town assessment roll\nused for the levy of school or special district taxes which is affected\nby the occurrence.\n  c. "First year" means a year following a year for which no transition\nassessment was established.\n  d. "Lands" or "state lands" as used in this section, shall include\nlands acquired by the state or an agency of the state for highway or\nparkway purposes.\n  e. "Latest preceding assessment roll" means the last preceding\nassessment roll finally completed, verified and filed prior to the final\ncompletion of the assessment roll for which the transition assessment is\nbeing established, but shall not mean or include a supplemental\nassessment roll completed, verified and filed as provided in section\nthirteen hundred thirty-five of this chapter.\n  f. "Reduction in assessments on state lands" means a loss in taxable\nassessed valuation on an assessment roll as a result of the approval by\nthe commissioner of assessed valuations on state lands which in total\namount to less than the total taxable assessed valuations on such lands\nin the preceding year, whether or not such lands were owned by the state\nin the preceding year.\n  g. "State public authority" means a public benefit corporation as\ndefined in section sixty-six of the general construction law whose\nmembership is required by law to consist entirely of members who are\nappointed by the governor or other state officer or who serve as members\nas ex officio state officers.\n  h. "Tax district" means a county, city, town, village, school district\nor special district.\n
N.Y. RPT Law § 489-V — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-V
Capital improvements to railroad property
Status: in_force

§ 489-v. Capital improvements to railroad property. 1. As used in this\nsection:\n  (a) "Completed capital project" shall mean a capital project which has\nbeen certified by the commissioner to be completed in accordance with a\ncapital project proposal approved by the commissioner.\n  (b) "Capital project proposal" shall mean a proposal, prepared by a\nrailroad company and submitted to the commissioner, which sets forth a\nproposed capital project. Such proposal shall include a description of\nthe proposed capital project and conditions relating to railroad tracks,\nroadbeds, bridge and structural improvements, improvements to railroad\nyards, switches, sidings, or other facilities, signal system\nimprovements, or other railroad projects that improve the efficiency,\ncapacity, or safety of railroad facilities. The proposal shall be\nreviewed by the commissioner and shall be approved if the commissioner\ndetermines that the proposed project is consistent with the provisions\nof paragraph (e) of this subdivision and rules and regulations\nprescribed by the department pursuant to this section. Capital project\nproposals that have been approved by the commissioner may be amended\nwith the approval of the commissioner.\n  (c) "Commissioner" shall mean the commissioner of the New York state\ndepartment of transportation.\n  (d) "Department" shall mean the New York state department of\ntransportation.\n  (e) "Capital project" shall mean a construction project which shall\nmodify railroad facilities to substantially improve the efficiency,\ncapacity, or safety of railroad freight or passenger transportation, as\ndetermined by the commissioner, in one or more of the following manners:\n  (i) a substantial enhancement in rail freight or passenger\ntransportation performance, such as upgrading the class of the railroad\ntrack as track classes are defined in the track safety standards of the\nUnited States department of transportation;\n  (ii) the construction of significant new facilities for rail freight\nor passenger transportation, such as the construction of new railroad\nlines, additional tracks along existing lines, sidings, structures,\nyards, stations, signal systems or switching facilities, and intermodal\nfacilities, including, but not limited to, automotive, bulk transfer,\ntrailer on flatcar, container on flatcar, and reload facilities; and\n  (iii) major renovations to or expansions of components of railroad\ninfrastructure, such as the reconstruction of bridges or the increase in\nbridge capacity, the expansion of railroad yards, or the substantial\nimprovement of the technology or safety of signal systems.\n  2. (a) A railroad company shall propose a capital project to the\ncommissioner for approval under this section on forms prescribed by the\ndepartment. The commissioner shall approve capital project proposals\nthat are consistent with the terms of this section and rules and\nregulations prescribed by the department. The commissioner shall notify\nthe submitting railroad company within thirty days of receipt of a\nproposal whether or not the commissioner considers the proposal to be\nconsistent with the definition of a capital project as set forth in\nparagraph (e) of subdivision one of this section.\n  (b) Upon a railroad company's completion of the construction of a\ncapital project, such railroad company may make application to the\ncommissioner for certification under this section on forms prescribed by\nthe department. If the commissioner finds that such capital project was\ncompleted in accordance with, and is in compliance with, an approved\ncapital project proposal, the commissioner is authorized to forward a\ncertificate of approval to the property owner thereof, with the approved\ncapital project proposal for the completed capital project.\n  (c) The department is hereby authorized to adopt and promulgate rules\nand regulations necessary for the implementation of this section. Such\nregulations may relate to the nature and content of eligible capital\nprojects, approved capital project proposals, certifications and notices\nissued by the commissioner, and completed capital projects. Rules and\nregulations relating to capital projects and approved capital project\nproposals or amendments thereto may provide for alternative or\ncontingent terms based on the scope and nature of the capital project.\n  (d) This section shall apply to any certified completed capital\nproject.  The obligations and benefits of this section shall devolve\nupon the property owner and the heirs, successors, and assigns thereof,\nas the case may be.\n  3. (a) Whenever any alteration of a completed capital project is\nproposed during the period of exemption pursuant to section four hundred\neighty-nine-d or four hundred eighty-nine-dd of this article in a manner\nthat would reduce the utility of the completed capital project, the\nproperty owner shall give not less than sixty days notice to the\ncommissioner in a manner and upon such form as shall be prescribed by\nthe department. Such notice shall include information as to the location\nand nature of such proposed alteration.\n  (b) The commissioner shall, in response to a notice from a property\nowner or on the commissioner's own initiative, after notice and hearing,\nissue a notice of revocation of the certificate of approval issued\npursuant to this section for any completed capital project whenever the\ncommissioner finds that:\n  (i) any completed capital project or portion thereof is not maintained\nor is converted to a use which precludes the use of the improvement for\ncommon carrier railroad use; or\n  (ii) the property owner fails to give notice of a proposed alteration\nof such completed capital project pursuant to paragraph (a) of this\nsubdivision; or\n  (iii) the property owner fails to comply with the terms of the\napproved capital project proposal for such improved property.\n  4. Any determination made pursuant to this section shall be binding\nupon the commissioner in any calculation pursuant to this title or title\ntwo-B of this article.\n
N.Y. EDN Law § 2035 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2035
Use of voting machines at school district meetings or elections
Status: in_force

§ 2035. Use of voting machines at school district meetings or\nelections.  1. If the trustees or board of education of any school\ndistrict shall so determine, voting machines may be used for recording\nthe vote on elections and questions, or either, at the school district\nmeetings or elections, annual and special, or either, in such district.\nBefore any such machine is used at any such meeting or election, the\ninspectors of election shall examine it and see that all the counters\nare set at zero (000) and that the ballot labels are properly placed,\nand that the machine is in all respects in proper condition for use. The\nuse of such machine shall be deemed a compliance with any provision of\nlaw requiring the vote to be by ballot. Such trustees or board of\neducation, with district funds available, may purchase the necessary\nvoting machine or machines; or, if the county board of elections shall\nconsent thereto, such machines belonging to the county or belonging to\nthe town in which any part of said school district shall be located, may\nbe used at any such meeting, the expense of delivery and returning and\nsetting up, and any other expense connected therewith, to be defrayed by\nthe school district; but such machines belonging to the county shall not\nbe so used at the time or times when they may be required under the\nelection law.\n  2. In common school districts the manner of making nominations or\nsubmitting propositions by anyone other than the trustees and in union\nfree school districts the manner of submitting propositions by anyone\nother than the board of education for the purpose of preparing ballots\nfor the machine shall be prescribed by a rule previously adopted by the\ntrustees or board of education; provided, however, that the petition,\ncertificate, declaration, notice or other paper required by such rule,\nfor the making of any such nomination or submission, except as to a\nquestion or proposition required by law to be stated in the published or\nposted notice of the meeting shall be filed with the trustees or board\nof education not later than thirty days before the meeting or election.\nAny nomination may be rejected by the trustees if the candidate is\nineligible for the office or has declared his unwillingness to serve;\nany proposition may be rejected by the trustees or board of education if\nthe purpose of the proposition is not within the power of the voters, or\nwhere the expenditure of moneys is required by the proposition, if the\nproposition fails to include the necessary specific appropriation. Any\nsuch rule may be amended from time to time and may state that a\nreasonable minimum number of signatures shall be required for\nsubmission. The trustees or board of education shall cause such rule,\nand amendments from time to time, to be printed for general distribution\nin the district. Provided, however, that the provisions of any special\nlaw relating to nominations and elections in any union free school\ndistrict shall continue to remain in force, and the manner of making\nnominations and the conduct of meetings and elections, shall conform to\nsuch special law.\n  3. Any proposition submitted pursuant to this section shall be subject\nto the requirements set forth in subdivision nine of section two\nthousand twenty-three-a of this part.\n
N.Y. GMU Law § 924 — New York Code / Act GMU / Article 18-A / Title 2 / Section 924
Southeast industrial development agency
Status: in_force

* § 924. Southeast industrial development agency. For the benefit of\nthe town of Southeast and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the SOUTHEAST INDUSTRIAL DEVELOPMENT\nAGENCY, is hereby established for the accomplishment of any or all of\nthe purposes specified in title one of article eighteen-A of this\nchapter. It shall constitute a body corporate and politic, and be\nperpetual in duration.  It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty by purchase, shall be limited to the corporate limits of the\ntown of Southeast, and such agency shall take into consideration the\nlocal zoning and planning regulations as well as the regional and local\ncomprehensive land use plans. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter.  Notwithstanding the provisions of\nsubdivision four of section eight hundred fifty-eight of article\neighteen-A of this chapter, such agency shall not have the power to\nacquire real property by condemnation. Its members shall be appointed by\nthe governing body of the town of Southeast. The agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. GMU Law § 897-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 897-A
The village of Sackets Harbor industrial development agency
Status: in_force

* § 897-a. The village of Sackets Harbor industrial development\nagency.  For the benefit of the village of Sackets Harbor and the\ninhabitants thereof, an industrial development agency, to be known as\nThe Village of Sackets Harbor Industrial Development Agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in title one of article eighteen-A of this chapter. It shall\nconstitute a body corporate and politic, and be perpetual in duration.\nIt shall have the powers and duties now or hereafter conferred by title\none of article eighteen-A of this chapter upon industrial development\nagencies and provided that the exercise of the powers by such agency\nwith respect to the acquisition of real property whether by purchase,\ncondemnation or otherwise, shall be limited to the corporate limits of\nthe village of Sackets Harbor, and such agency shall take into\nconsideration the local zoning and planning regulations as well as the\nregional and local comprehensive land use plans. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the village of Sackets Harbor. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 2590-D — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-D
By-laws; regulations and decisions
Status: in_force

* § 2590-d. By-laws; regulations and decisions. 1. The city board and\nthe chancellor shall prescribe such by-laws and regulations as may be\nnecessary to make effectual the provisions of this chapter and for the\nconduct of the proceedings of said board consistent with the\nrequirements of this article. The city board by-laws shall include a\nprocess by which any member of the city board may request that items be\nplaced on the city board's agenda. Such request may be made at a city\nboard regular public meeting or prior to such meeting. If a member of\nthe city board requests that an item be placed on the agenda at a\nregular public meeting of the city board, then the chairperson shall\nrespond to the request at such meeting. If a member of the city board\nrequests that an item be placed on the agenda at any time prior to a\nregular public meeting of the city board, then the chairperson shall\nrespond to the request at any time prior to the subsequent regular\npublic meeting. Said by-laws and regulations shall be published and\nindexed and revised at least annually. Copies of such by-laws and\nregulations shall be made available for public inspection via the city\nboard's official internet web site, at the offices of the city board,\neach community council, the office of the commissioner of education, and\nthe legislative library in Albany, and at such other places as the city\nboard may deem proper.\n  2. Each community council shall prescribe such by-laws and regulations\nas may be necessary to make effectual the provisions of this chapter and\nfor the conduct of the proceedings of said board. Such by-laws and\nregulations shall be filed with the city board and the commissioner of\neducation and shall be made available for inspection by the public at\nthe offices of the community council. Such by-laws shall include, but\nnot be limited to the following requirements:\n  a. that there shall be a parents' association or a parent-teachers'\nassociation in each school under its jurisdiction;\n  b. that the council, the community superintendent and the principal of\neach school shall have regular communication with all parents'\nassociations and parent-teachers' associations within the community\ndistrict, and meet with their elected officers at least quarterly during\nthe school year, to the end that such associations are provided with\nfull factual information pertaining to matters of pupil achievement,\nincluding but not limited to: annual reading scores, comparison of the\nachievement of pupils in comparable grades and schools, as well as the\nrecord of achievement of the same children as they progress through the\nschool; provided, however, that such record and scores shall not be\ndisclosed in a manner which will identify individual pupils.\n  c. that community councils develop and implement a process consistent\nwith procedures which shall be developed by the chancellor for community\ninput in connection with the annual evaluation of the district\nsuperintendent and other instructional supervisors assigned or appointed\nto the district by the chancellor.\n  d. that all meetings of the community council be subject to article\nseven of the public officers law.\n  3. Copies of all written decisions rendered by the city board acting\nas an appeal board pursuant to subdivision ten of section twenty-five\nhundred ninety-g and copies of all written decisions rendered by the\nchancellor pursuant to section twenty-five hundred ninety-l shall be\npublished, indexed and revised at least semi-annually. Copies of said\ndecisions shall be made available for public inspection at the offices\nof the city board, each community council, the office of the\ncommissioner of education, and at such other places as the city board\nshall deem proper.\n  * NB Effective until June 30, 2028\n  * § 2590-d. By-laws; regulations and decisions. 1. The city board and\nthe chancellor shall prescribe such by-laws and regulations as may be\nnecessary to make effectual the provisions of this chapter and for the\nconduct of the proceedings of said board. Said by-laws and regulations\nshall be published and indexed and revised at least annually. Copies of\nsuch by-laws and regulations shall be made available for public\ninspection at the offices of the city board, each community board, the\noffice of the commissioner of education, and the legislative library in\nAlbany, and at such other places as the city board may deem proper.\n  2. Each community board shall prescribe such by-laws and regulations\nas may be necessary to make effectual the provisions of this chapter and\nfor the conduct of the proceedings of said board. Such by-laws and\nregulations shall be filed with the city board and the commissioner of\neducation and shall be made available for inspection by the public at\nthe offices of the community board. Such by-laws shall include, but not\nbe limited to the following requirements:\n  a. that there shall be a parents' association or a parent-teachers'\nassociation in each school under its jurisdiction;\n  b. that the board, the community superintendent and the principal of\neach school shall have regular communication with all parents'\nassociations and parent-teachers' associations within the community\ndistrict, and meet with their elected officers at least quarterly during\nthe school year, to the end that such associations are provided with\nfull factual information pertaining to matters of pupil achievement,\nincluding but not limited to: annual reading scores, comparison of the\nachievement of pupils in comparable grades and schools, as well as the\nrecord of achievement of the same children as they progress through the\nschool; provided, however, that such record and scores shall not be\ndisclosed in a manner which will identify individual pupils.\n  c. that districts implement a process for community involvement in\nconnection with the periodic recommendation of superintendent candidates\nto the chancellor pursuant to regulations of the chancellor, subject to\nthe review and approval of the chancellor, and such involvement in\nconnection with the periodic review of the superintendent's performance.\n  d. that all meetings of the community board be subject to article\nseven of the public officers law.\n  3. Copies of all written decisions rendered by the city board acting\nas an appeal board pursuant to subdivision ten of section twenty-five\nhundred ninety-g and copies of all written decisions rendered by the\nchancellor pursuant to section twenty-five hundred ninety-l shall be\npublished, indexed and revised at least semi-annually. Copies of said\ndecisions shall be made available for public inspection at the offices\nof the city board, each community board, the office of the commissioner\nof education, and at such other places as the city board shall deem\nproper.\n  * NB Effective June 30, 2028\n
N.Y. EDN Law § 2216 — New York Code / Act EDN / Title 2 / Article 45 / Section 2216
District superintendent subject to regulations of commissioner of education
Status: in_force

§ 2216. District superintendent subject to regulations of commissioner\nof education. A district superintendent shall be subject to such\nregulations and directions as the commissioner of education shall from\ntime to time prescribe.\n
N.Y. PBA Law § 3017 — New York Code / Act PBA / Article 10 / Title 2 / Section 3017
Remedies of noteholders and bondholders
Status: in_force

§ 3017. Remedies of noteholders and bondholders. 1. In the event that\na corporation shall default in the payment of principal of or interest\non or sinking fund payment on, any issue of notes or bonds after the\nsame shall become due, whether at maturity or otherwise or in the event\nthat a corporation shall default in any agreement made with the holders\nof any issue of notes or bonds, the holders of twenty-five per centum in\naggregate principal amount of the notes or bonds of such issue then\noutstanding, by instrument or instruments filed in the office of the\nclerk of the county in which the principal office of such corporation is\nlocated and proved or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such notes\nor bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five percentum in principal amount of such notes or bonds then\noutstanding, shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the corporation to carry out\nany agreement with such holders and to perform its duties under this\nact;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the corporation to account as if it\nwere the trustee of an express trust for the holders of such notes or\nbonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, annul such declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the noteholder or bondholder trustee on behalf of such\nnoteholders or bondholders. The venue of any such suit, action or\nproceeding shall be laid in the county in which the principal office of\nthe corporation is located.\n  4. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, the corporation and to the attorney general of the state.\n
N.Y. PBA Law § 1029 — New York Code / Act PBA / Article 5 / Title 2 / Section 1029
Powers of the board
Status: in_force

* § 1029. Powers of the board. The power conferred by this title shall\nbe exercised by the board of directors of the authority, subject to the\nterms of such title. In the exercise of those powers, either directly or\nthrough its officers and employees, the board may do the following\nthings, among others, and the following list of powers shall not be\ndeemed complete or exclusive, or to deny the existence of other powers,\nwhether similar or different, so long as they are reasonably necessary\nfor accomplishing the purposes declared and indicated in this title:\n  1. To determine upon the location, type, size, construction, lease,\npurchase, ownership, acquisition, use and operation of any plant or\nplants or other structure or property, within or without the territorial\nlimits of the district;\n  2. To acquire on behalf and in the name of the county or the\nauthority, whether by agreement with and purchase from the owner or\nowners, or by condemnation, the whole or any part of any existing plant\nor plants or of any other property which it is authorized to acquire\nunder this title;\n  3. Subject to the provisions of the public service law, and to its\nagreement with any municipality, to fix rates and charges for the\nfurnishing or rendition of light, heat or power or of any connected\nservice, and to collect through bills therefor which shall be rendered\nat least once in each calendar month the revenues derived therefrom;\n  4. To appoint and at pleasure discharge a secretary and such clerical,\nengineering, legal and other professional assistants as it may deem\nnecessary for the purposes of this title and to fix their compensation;\n  5. To appoint and at pleasure remove all employees, to transfer\nemployees from their positions to other positions and to consolidate or\nabolish such positions;\n  6. To enter upon any lands and within any building whenever in its\njudgment it may be necessary for the purpose of making surveys and\nexaminations to accomplish any purpose authorized by this title;\n  7. When so authorized by resolution of the board of supervisors with\nrespect to service within any town or by resolution of the governing\nbody of any other municipality, to investigate the cost of operation of\nany light, heat or power utility or service within any municipality, and\nfor such purpose to examine and inspect the records, books, papers,\naccounts and other documents of any owner, whether individual or\ncorporate, of any plant or plants, within or without the territorial\nlimits of the district, and to make copies thereof or extracts\ntherefrom;\n  8. To make to the public service commission, the annual report\nprescribed by subdivision seven of section sixty-six of the public\nservice law, which report shall be verified by the oath of the president\nof the authority;\n  9. By the whole, or by any one or more, of the members of the\nauthority, to make any investigation which it may deem necessary to\nenable it effectually to carry out the provisions of this title and, for\nthat purpose, to take and hear proofs and testimony, to compel the\nattendance of witnesses and to require the production of records, books,\npapers, accounts and other documents including public records;\n  10. To execute contracts, borrow money, issue bonds, certificates of\nindebtedness and other obligations, and sell or dispose of the same in\nsuch amounts and at such rates of interest as may be advisable. This\nshall include the power to dispose of its bonds or other obligations to,\nand to borrow money from, the Reconstruction Finance Corporation, the\nfederal emergency administrator of public works or any other federal or\nstate agency, and it may also accept a grant from such corporation,\nadministrator or agency, and donations from any public or private\nsource;\n  11. To adopt, revise and amend rules and regulations to enable the\nauthority to carry out the purposes of this title, every such rule and\nregulation, and each amendment thereof, to be filed with the county\nclerk;\n  12. Subject to and in accordance with the provisions of section\nseventy-seven of the public service law, to do whatever may be necessary\nto give effect to the purposes of this title, and in general to have and\nexercise all other powers necessary or incidental to the purposes of\nthis title which may be exercised by a gas and electric corporation\nunder the transportation corporation law.\n  * NB Terminated July 1, 1963\n
N.Y. ELN Law § 11-214 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-214
Use of airmail
Status: in_force

§ 11-214. Use of airmail. All ballots, applications, notices or other\nmail sent, pursuant to the provisions of this title, to addresses\noutside the United States, Canada or Mexico, shall be sent by airmail.\n
N.Y. PBH Law § 3425 — New York Code / Act PBH / Article 34 / Title 2 / Section 3425
Funeral directing; schools; approval
Status: in_force

§ 3425. Funeral directing; schools; approval.  1. Any school for\nfuneral directors may apply to the commissioner for the issuance of a\ncertificate of approval as maintaining a satisfactory standard, so that\nstudents desiring to engage in the business or practice of funeral\ndirecting in the state of New York may receive credit for attendance at\nsuch school.\n  2. Such application shall be made upon a form prescribed and furnished\nby the commissioner which shall contain such information as the\ncommissioner may require.\n  3. (a) The commissioner shall cause to be made such investigation and\ninspection of such school as he may deem necessary, and thereafter the\ndepartment shall issue a certificate of approval to each school for\nfuneral directors approved by the department as maintaining a\nsatisfactory standard.\n  (b) A certificate of approval issued under this section shall be valid\nfor one year.\n  4. (a) A school for funeral directors located outside the state of New\nYork shall pay the traveling and other expenses incurred by\nrepresentatives of the department in making such investigation and\ninspection as the commissioner may prescribe.\n  (b) Each certificate of approval may be renewed for additional periods\nof one year.\n  5. The commissioner may, in lieu of the foregoing approval procedures,\naccept the certification of accreditation issued by an accrediting\norganization recognized by the department of health.\n
N.Y. EDN Law § 1917 — New York Code / Act EDN / Title 2 / Article 39 / Section 1917
Employees; employment rights
Status: in_force

§ 1917. Employees; employment rights.  Teachers and other staff\nmembers of component districts, except the superintendent of schools,\nwhose services in the component districts are no longer needed because\nof creation of a central high school district, shall be granted\nemployment rights in central high school districts in accordance with\nlength of service in each tenure area.\n
N.Y. EDN Law § 2857 — New York Code / Act EDN / Title 2 / Article 56 / Section 2857
Notice; review and assessment
Status: in_force

§ 2857. Notice; review and assessment. 1. The board of regents shall\ndistribute information announcing the availability of the charter school\nprocess described in this article to each local school district and\npublic postsecondary educational institution. At each significant stage\nof the chartering process, the charter entity and the board of regents\nshall provide appropriate notification to the school district in which\nthe charter school is located and to public and nonpublic schools in the\nsame geographic area as the proposed charter school. Such notification\nshall be provided by each charter entity within thirty days of its\nreceipt of an application for formation of a new charter school or for\nrenewal of an existing charter school, and at least forty-five days\nprior to initial approval of the charter application by the charter\nentity. Prior to the issuance, revision, or renewal of a charter, the\nschool district in which the charter school is located shall hold a\npublic hearing to solicit comments from the community in connection with\nthe foregoing. Such hearing shall be held within the community\npotentially impacted by the proposed charter school. When a revision\ninvolves the relocation of a charter school to a different school\ndistrict, the proposed new school district shall also hold such hearing.\nIn addition, such school districts shall be given an opportunity to\ncomment on the proposed charter to the charter entity and such charter\nentity shall consider any comments raised and submit any such comments\nto the board of regents with the application for issuance, revision, or\nrenewal of a charter.\n  1-a. In the event the school district fails to conduct a public\nhearing, the board of regents shall conduct a public hearing to solicit\ncomments from the community in connection with the issuance, revision,\nor renewal of a charter.\n  2. Each charter school shall submit to the charter entity and to the\nboard of regents an annual report. Such report shall be issued no later\nthan the first day of August of each year for the preceding school year\nand shall be made publicly available by such date and shall be posted on\nthe charter school's website. The annual report shall be in such form as\nshall be prescribed by the commissioner and shall include at least the\nfollowing components:\n  (a) a charter school report card, which shall include measures of the\ncomparative academic and fiscal performance of the school, as prescribed\nby the commissioner in regulations adopted for such purpose. Such\nmeasures shall include, but not be limited to, graduation rates, dropout\nrates, performance of students on standardized tests, college entry\nrates, total spending per pupil and administrative spending per pupil.\nSuch measures shall be presented in a format that is easily comparable\nto similar public schools. In addition, the charter school shall ensure\nthat such information is easily accessible to the community including\nmaking it publicly available by transmitting it to local newspapers of\ngeneral circulation and making it available for distribution at board of\ntrustee meetings.\n  (b) discussion of the progress made towards achievement of the goals\nset forth in the charter.\n  (c) a certified financial statement setting forth, by appropriate\ncategories, the revenues and expenditures for the preceding school year,\nincluding a copy of the most recent independent fiscal audit of the\nschool and any audit conducted by the comptroller of the state of New\nYork.\n  (d) efforts taken by the charter school in the existing school year,\nand a plan for efforts to be taken in the succeeding school year, to\nmeet or exceed enrollment and retention targets set by the board of\nregents or the board of trustees of the state university of New York, as\napplicable, of students with disabilities, English language learners,\nand students who are eligible applicants for the free and reduced price\nlunch program established pursuant to paragraph (e) of subdivision four\nof section twenty-eight hundred fifty-one of this article.\n  3. The board of regents shall report annually to the governor, the\ntemporary president of the senate, and the speaker of the assembly the\nfollowing information:\n  (a) The number, distribution, and a brief description of new charter\nschools established during the preceding year;\n  (a-1) A list including the number of charter schools closed during the\npreceding year, and a brief description of the reasons therefor\nincluding, but not limited to, non-renewal of the charter or revocation\nof the charter;\n  (b) The department's assessment of the current and projected\nprogrammatic and fiscal impact of charter schools on the delivery of\nservices by school districts;\n  (c) The academic progress of students attending charter schools, as\nmeasured against comparable public and nonpublic schools with similar\nstudent population characteristics wherever practicable;\n  (d) A list of all actions taken by a charter entity on charter\napplication and the rationale for the renewal or revocation of any\ncharters; and\n  (e) Any other information regarding charter schools that the board of\nregents deems necessary.\n  The format for this annual report shall be developed in consultation\nwith representatives of school districts and charter school officials.\n  4. The board of regents shall review the educational effectiveness of\nthe charter school approach authorized by this article and the effect of\ncharter schools on the public and nonpublic school systems. Not later\nthan December thirty-first, two thousand three, the board of regents\nshall report to the governor, the temporary president of the senate, the\nspeaker of the assembly and the board of regents with recommendations to\nmodify, expand, or terminate that approach. Such report shall include,\nfor each charter school, a copy of the school's mission statement,\nattendance statistics and dropout rates, student performance on\nstandardized assessment tests, projections of financial stability, and,\nwherever practicable, comparisons to other public schools.\n  5. The board of regents shall on an annual basis review and make\navailable to school districts best educational practices employed by\ncharter schools.\n
N.Y. PBH Law § 3322 — New York Code / Act PBH / Article 33 / Title 2 / Section 3322
Reports and records
Status: in_force

§ 3322. Reports and records. 1. Persons licensed under this title or\noperating a registered outsourcing facility shall maintain records of\nall controlled substances manufactured, compounded, received, disposed\nof, delivered or distributed by them. The record shall show the date of\nreceipt or delivery, the name and address, and registration number of\nthe person from whom received or to whom delivered or distributed, the\nkind and quantity of substance received and delivered or distributed,\nthe kind and quantity of substance produced or removed from the process\nof manufacture and the date thereof.\n  2. Any person licensed under this title or operating a registered\noutsourcing facility shall prepare and maintain a biennial report\nsetting forth the current inventory of controlled substances, the\nquantities of controlled substances manufactured, compounded, delivered\nor distributed within the state during the period covered by the report\nand such other information as the commissioner shall by regulation\nprescribe. Maintaining for inspection a biennial inventory of controlled\nsubstances prepared and maintained in compliance with federal statutes\nand regulations shall be deemed in compliance with this section.\n  3. Any person licensed under this title or operating a registered\noutsourcing facility shall forthwith notify the department of any\nincident involving the theft, loss or possible diversion of controlled\nsubstances manufactured, compounded, delivered or distributed by the\nlicensee or operator.\n  4. The records and reports required by this section shall be prepared,\npreserved, or filed in such manner and detail as the commissioner shall\nby regulation prescribe.\n
N.Y. EDN Law § 1501-C — New York Code / Act EDN / Title 2 / Article 31 / Section 1501-C
Voting by residents of certain facilities
Status: in_force

§ 1501-c. Voting by residents of certain facilities. Notwithstanding\nany provision of this title to the contrary, the provisions of section\n8-407 of the election law shall apply to all elections conducted\npursuant to this title by a school district. The board of elections of\nthe city or county in which a school district is located shall provide\nfor the implementation of the provisions of this section.\n
N.Y. EDN Law § 2142 — New York Code / Act EDN / Title 2 / Article 43 / Part 3 / Section 2142
Duties of supervisors
Status: in_force

§ 2142. Duties of supervisors. It is the duty of every supervisor: 1.\nTo sue for and recover, in the name of his office, when the duty is not\nelsewhere imposed by law, all penalties and forfeitures imposed by this\nchapter, and for any default or omission of any town officer or school\ndistrict board or officer under this chapter; and after deducting his\ncosts and expenses to report the balances to the district\nsuperintendent.\n  2. To act, when legally required, in the erection or alteration of a\nschool district, as provided in article thirty-one of this chapter, and\nto perform any other duty which may be devolved upon him by this\nchapter, or any other law relating to public schools.\n  3. To take and hold possession of the gospel and school lots of his\ntown.\n  4. To lease the same for such time not exceeding twenty-one years, and\nupon such conditions as he shall deem expedient.\n  5. To sell the same with the advice and consent of the town board or,\nif the town board shall so direct, with the advice and consent of the\ninhabitants of the town, at a town election, for such price and upon\nsuch terms of credit as shall appear to him most advantageous.\n  6. To invest the proceeds of such sales in loans, secured by bond and\nmortgage upon unincumbered real property of the value of double the\namount loaned.\n  7. To purchase the property so mortgaged upon a foreclosure, and to\nhold and convey, pursuant to the provisions of this section, the\nproperty so purchased whenever it shall become necessary.\n  8. To re-loan the amount of such loans repaid to him, upon the like\nsecurity.\n  9. To apply the rents and profits of such lots, and the interest of\nthe money arising from the sale thereof, to the support of schools, as\nmay be provided by law, in such manner as shall be thus provided.\n  10. To render a just and true account of the proceeds of the sales and\nthe interest on the loans thereof, and of the rents and profits of such\ngospel and school lots, and of the expenditure and appropriation\nthereof, on the last Tuesday next preceding the biennial town election,\nto the town board.\n  11. To deliver over to his successor in office, all books, papers and\nsecurities relating to the same, at the expiration of his term of\noffice.\n  12. To take therefor a receipt, which shall be filed in the clerk's\noffice of the town.\n  13. To commence and prosecute in and by the name and style of the\nsupervisor of the town any suits against any of his predecessors in\noffice or against any other person to recover any debt, dues or demands,\nin anywise arising from such public lot; and no such suit shall abate by\nthe death, resignation or removal from office of the said supervisor but\nthe same shall and may be prosecuted to judgment and execution by his\nsuccessor in office.\n
N.Y. PBA Law § 3853 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3853
Administration of the authority
Status: in_force

§ 3853. Administration of the authority. 1. The authority shall be\nadministered by nine directors, seven of which shall be appointed by the\ngovernor. Of the seven directors, one such director shall be a resident\nof the city of Buffalo; one such director shall be appointed following\nthe recommendation of the state comptroller; and one such director shall\nbe appointed on the joint recommendation of the temporary president of\nthe senate and the speaker of the assembly.  The mayor and the county\nexecutive shall serve as ex officio members.  Every director, who is\notherwise an elected official of the city or county, shall be entitled\nto designate a single representative to attend, in his or her place,\nmeetings of the authority and to vote or otherwise act in his or her\nbehalf.  Such designees shall be residents of the city of Buffalo.\nWritten notice of such designation shall be furnished prior to any\nparticipation by the single designee. Such single designee shall serve\nat the pleasure of the representative, and shall not be authorized to\ndelegate any of his or her duties or functions to another person.  Each\ndirector appointed by the governor shall be appointed for a term of four\nyears, provided however, that four of the directors first appointed by\nthe governor, including the director appointed following the\nrecommendation of the state comptroller shall serve for a term ending\nJune thirtieth, two thousand seven, and the remaining three directors\nfirst appointed by the governor including the director appointed on the\njoint recommendation of the temporary president of the senate and the\nspeaker of the assembly and shall serve for a term ending June\nthirtieth, two thousand nine. Each director shall hold office until his\nor her successor has been appointed and qualified. Thereafter, each\ndirector shall serve a term of four years, except that any director\nappointed to fill a vacancy shall serve only until the expiration of his\nor her predecessor's term.\n  2. The governor shall designate a chairperson and a vice-chairperson\nfrom among the directors. The chairperson shall preside over all\nmeetings of the directors and shall have such other duties as the\ndirectors may prescribe. The vice-chairperson shall preside over all\nmeetings of the directors in the absence of the chairperson and shall\nhave such other duties as the directors may prescribe.\n  3. The directors of the authority shall serve without salary, but each\ndirector shall be reimbursed for actual and necessary expenses incurred\nin the performance of such director's official duties as a director of\nthe authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any city, county, town or village, any\ngovernmental entity operating any public school or college, any school\ndistrict or any other public agency or instrumentality which exercises\ngovernmental powers under the laws of the state, shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, officer or employee of the authority, nor\nshall service as such director, officer or employee of the authority be\ndeemed incompatible or in conflict with such office or employment.\n  5. Five directors shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority. No action shall\nbe taken by the authority except pursuant to a favorable vote of at\nleast five directors participating in a meeting at which such action is\ntaken.\n  6. The authority shall appoint a treasurer and may appoint officers\nand agents as it may require and prescribe their duties.\n  7. At least annually, commencing no more than one year after the date\non which authority bonds, notes or other obligations are first issued,\nthe authority shall report to the council, comptroller, the director of\nthe budget, and the state comptroller on the amount of financing and the\ncost savings for the city over the past year.\n  8. The authority shall cease to exist on June thirtieth, two thousand\nthirty-seven.\n
N.Y. ELN Law § 9-211 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-211
Audit of voter verifiable audit records
Status: in_force

§ 9-211. Audit of voter verifiable audit records. 1. Within fifteen\ndays after each general or special election, within thirteen days after\nevery primary election, and within seven days after every village\nelection conducted by the board of elections, the board of elections or\na bipartisan committee appointed by such board shall audit the voter\nverifiable audit records from three percent of voting machines or\nsystems within the jurisdiction of such board. Such audits may be\nperformed manually or via the use of any automated tool authorized for\nsuch use by the state board of elections which is independent from the\nvoting system it is being used to audit. Voting machines or systems\nshall be selected for audit through a random, manual process. At least\nfive days prior to the time fixed for such selection process, the board\nof elections shall send notice by first class mail to each candidate,\npolitical party and independent body entitled to have had watchers\npresent at the polls in any election district in such board's\njurisdiction. Such notice shall state the time and place fixed for such\nrandom selection process. The audit shall be conducted in the same\nmanner, to the extent applicable, as a canvass of paper ballots. Each\ncandidate, political party or independent body entitled to appoint\nwatchers to attend at a polling place shall be entitled to appoint such\nnumber of watchers to observe the audit.\n  2. Within three days of any election, the board of elections or a\nbipartisan committee appointed by such board shall audit the central\ncount ballot scanners by auditing the ballots from three percent of\nelection districts that were tabulated by such scanners within the\njurisdiction of such board by that time. All provisions of this section\nshall otherwise apply to such audit. To the extent additional ballots\nare tabulated through central count ballot scanners after the initial\naudit, three percent of election districts shall thereafter be audited\nas to the additional ballots tabulated. The certification of the canvass\nshall not await the completion of such additional audit; provided,\nhowever, if upon the completion of such additional audit the criteria\nare met for the results of the audit to replace the canvass then the\nboard of canvassers shall forthwith reconvene and adjust the canvass as\nrequired.\n  3. The audit tallies for each voting machine or system shall be\ncompared to the tallies recorded by such voting machine or system, and a\nreport shall be made of such comparison which shall be filed in the\noffice of the state board of elections.\n  4. The state board of elections shall, in accordance with subdivision\nfour of section 3-100 of this chapter, promulgate regulations\nestablishing a uniform statewide standard to be used by boards of\nelections to determine when a discrepancy between the audit tallies and\nthe voting machine or system tallies shall require a further voter\nverifiable record audit of additional voting machines or systems or a\ncomplete audit of all machines or systems within the jurisdiction of a\nboard of elections. Any board of elections shall be empowered to order\nthat any such audit shall be conducted whenever any such discrepancy\nexists.\n  5. If a complete audit shall be conducted, the results of such audit\nshall be used by the canvassing board in making the statement of canvass\nand determinations of persons elected and propositions rejected or\napproved. The results of a partial voter verifiable record audit shall\nnot be used in lieu of voting machine or system tallies.\n  6. Notwithstanding subdivision five of this section, if a voting\nmachine or system is found to have failed to record votes in a manner\nindicating an operational failure, the board of canvassers shall use the\nvoter verifiable audit records to determine the votes cast on such\nmachine or system, provided such records were not also impaired by the\noperational failure of the voting machine or system.\n
N.Y. RPT Law § 458-D — New York Code / Act RPT / Article 4 / Title 2 / Section 458-D
Combat zone service exemption
Status: in_force

§ 458-d. Combat zone service exemption. 1. For the purposes of this\nsection:\n  (a) "active duty" shall have the same meaning as such term is used in\nsection 101 of title 10 of the United States code.\n  (b) "armed forces" shall have the same meaning as such term is used in\nsection 101 of title 10 of the United States code and shall also include\nthe army and air national guard of the United States and New York naval\nmilitia.\n  (c) "combat zone" shall mean areas designated by an executive order\nfrom the President of the United States in which the United States armed\nforces are engaging or have engaged in combat.\n  (d) "qualified owner" means a member of the armed forces who, at any\ntime during the calendar year immediately preceding the applicable\ntaxable status date, served on active duty in a combat zone, as\ndocumented by a copy of such member's military orders or a certified\nletter from such member's commanding officer. Provided, however, that an\nowner who is receiving an exemption under section four hundred\nfifty-eight, four hundred fifty-eight-a or four hundred fifty-eight-b of\nthis title on a given assessment roll shall not be eligible for an\nexemption under this section on the same assessment roll.\n  (e) "qualifying residential real property" means property owned by a\nqualified owner that is used exclusively for residential purposes and is\nthe primary residence of the qualified owner; provided, however, that in\nthe event that any portion of such property is not used exclusively for\nresidential purposes, but is used for other purposes, such portion shall\nbe subject to taxation and only the remaining portion used exclusively\nfor residential purposes shall be subject to the exemption provided by\nthis section.\n  (f) "latest state equalization rate" means the latest final\nequalization rate established by the state board pursuant to article\ntwelve of this chapter.\n  (g) "latest class ratio" means the latest final class ratio\nestablished by the state board pursuant to title one of article twelve\nof this chapter for use in a special assessing unit as defined in\nsection eighteen hundred one of this chapter.\n  2. The governing body of any county, city, town or village may adopt a\nlocal law or resolution to provide a qualified owner an exemption from\ntaxation on qualifying residential real property up to twenty-five\npercent of the assessed value of such property, provided, that such\nexemption shall not exceed twenty thousand dollars or the product of\ntwenty thousand dollars multiplied by the latest state equalization rate\nfor the assessing unit, or in the case of a special assessing unit, the\nclass ratio, whichever is less. Such local law or resolution shall\nestablish a maximum exemption percentage or maximum exempt dollar amount\nnot to exceed the levels specified in this subdivision.\n  3. The exemption from taxation provided by this section shall be\napplicable to any county, city, town, or village, but shall not be\napplicable to taxes levied for school purposes.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department, or office designated by the municipality on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner. The owner or owners of the property shall be required to\nrefile each year in order to continue receiving the exemption. Any\napplicant convicted of willfully making any false statement in the\napplication for such exemption shall be subject to the penalties\nprescribed in the penal law.\n  5. In a city having a population of one million or more, applications\nfor the exemption authorized pursuant to this section shall be\nconsidered timely filed if they are on or before the fifteenth day of\nMarch of the appropriate year.\n  6. A local law or resolution adopted pursuant to this section may be\nrepealed by the governing body of the applicable county, city, town, or\nvillage. Such repeal shall occur at least ninety days prior to the\ntaxable status date of such county, city, town, or village.\n
N.Y. PBA Law § 1048-O — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-O
Bonds of the authority
Status: in_force

§ 1048-o. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or water projects, or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nshall be special obligations payable solely out of particular revenues\nor other moneys of the authority as may be designated in the proceedings\nof the authority under which the bonds shall be authorized to be issued,\nsubject to any agreements entered into between the authority and the\ncity, and the authority, the water board and the city, and subject to\nany agreements with the holders of outstanding bonds pledging any\nparticular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or non-governmental insurer any\ninsurance or guaranty, to the extent now or hereafter available, as to,\nor for the payment or repayment of interest or principal, or both, or\nany part thereof, on any bonds or notes issued by the authority, or on\nany municipal obligations of governmental units purchased or held by the\nauthority; and to enter into any agreement or contract with respect to\nany such insurance or guaranty, except to the extent that the same would\nin any way impair or interfere with the ability of the authority to\nperform and fulfill the terms of any agreement made with the holders of\nthe bonds or notes of the authority.\n  3. Whenever the authority shall determine that the issuance of its\nbonds is appropriate, the comptroller shall make a recommendation as to\nthe arrangements necessary for the issuance and sale of such bonds\nincluding the underwriting of such bonds through negotiated agreement or\npublic letting or the private sale of such bonds and such recommendation\nshall include compensation for services rendered as he deems\nappropriate. The comptroller shall recommend to the authority the price\nor prices, interest rate or rates, maturities and other terms and\nconditions for the issuance of the bonds, except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Following such\nrecommendation, bonds shall be authorized by bond resolution of the\nauthority which shall set forth the arrangements for the issuance of the\nbonds, the price or prices, the interest rate or rates, maturities,\nterms of redemption, form and other terms of the bonds. Such bond\nresolution and the minutes of the authority related thereto shall be\ntransmitted to the comptroller for his approval or disapproval thereof.\nApproval of such bond resolution shall be indicated by the execution of\nthe bond resolution by the comptroller whereupon such bond resolution\nshall come into full force and effect in accordance with its terms.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (e) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (f) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (g) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (h) the terms and provisions of any trust, deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (i) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section one thousand forty-eight-p of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (j) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (k) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (l) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (m) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act, which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the directors of the authority nor any person executing\nbonds shall be liable personally thereon or be subject to any personal\nliability or accountability solely by reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (i) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date, or (ii) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption, plus accrued interest to\nthe next interest payment date.\n
N.Y. RPT Law § 483-E — New York Code / Act RPT / Article 4 / Title 2 / Section 483-E
Anaerobic digestion facilities
Status: in_force

§ 483-e. Anaerobic digestion facilities. 1. Structures permanently\naffixed to land for the purpose of anaerobic digestion of agricultural\nmaterials, including structures necessary for the storage and handling\nof the agricultural materials that are part of the digestion process,\ntogether with any equipment necessary for producing, collecting,\nstoring, cleaning and converting biogas into forms of energy and\ngeneration, transmission, transporting, use of and/or the sale of biogas\nor energy on-site, off-site, and/or pursuant to an interconnection\nagreement with a utility; shall be exempt from taxation, special ad\nvalorem levies and special assessments. "Agricultural materials"\nincludes, but is not limited to, livestock manure, farming wastes and\nfood residuals and other organic wastes associated with food production\nor consumption with at least fifty percent by weight of its feedstock on\nan annual basis being livestock manure, farming wastes and crops grown\nspecifically for use as anaerobic digestion feedstock. "Food residuals"\nmeans organic material, including, but not limited to, food scraps, food\nprocessing residue, and related soiled or unrecyclable paper used in\nfood packaging, preparation or cleanup.\n  2. The exemption provided by subdivision one of this section shall\nonly be granted upon the application of the owner of the property upon\nwhich such structures are located, on a form to be prescribed by the\ncommissioner. Such application shall be filed on or before the\nappropriate taxable status date with the assessor of the municipality\nhaving the power to assess real property. Once an exemption is granted,\nno renewal thereof shall be necessary.\n
N.Y. RSS Law § 18 — New York Code / Act RSS / Article 2 / Title 2 / Section 18
Guaranty
Status: in_force

§ 18. Guaranty.  a. The latest employers of the different members\nshall be obligated for:\n  1. Regular interest charges payable, and special interest, if any, and\n  2. The creation and maintenance of reserves in the pension\naccumulation fund, and\n  3. The maintenance of annuity reserves and pension reserves, and\n  4. The payment of all pensions, annuities, retirement allowances,\nrefunds and any other benefits, and\n  5. The expenses of the retirement system,\nas provided for or granted under the provisions of this article. In the\ncase of employer contributions required to be made for prior service\nallowed pursuant to paragraph three of subdivision b of section\nforty-one of this article, the provisions of such paragraph three shall\ngovern.\n  b. Except as otherwise provided pursuant to this article, all income,\ninterest and dividends derived from deposits and investments authorized\nby this article shall be used for the payment of such obligations.\n
N.Y. EDN Law § 1980 — New York Code / Act EDN / Title 2 / Article 40-A / Section 1980
Definitions
Status: in_force

§ 1980. Definitions.  When used in this article, the following terms\nshall mean:\n  1. The term "board of education" shall mean the trustee, trustees or\nboard of education of any common, union free, central, central high or\ncity school district, or a board of cooperative educational services.\n  2. The term "school district" shall mean any common, union free,\ncentral, central high or city school district, or a board of cooperative\neducational services.\n  3. The term "district superintendent" shall mean the chief\nadministrative officer of a supervisory district as defined in article\nforty-five of this chapter.\n
N.Y. RPT Law § 485-J*5 — New York Code / Act RPT / Article 4 / Title 2 / Section 485-J*5
Residential investment exemption; certain cities
Status: in_force

* § 485-j. Residential investment exemption; certain cities. 1.\nResidential real property constructed on or after the first day of\nJanuary, two thousand five in cities with a population of not less than\nsixty thousand six hundred and not more than sixty-one thousand based\nupon the two thousand federal census may be exempt from city taxation\nand special ad valorem levies as provided in this section.\n  2. (a) (i) Such real property shall be exempt for a period of one year\nto the extent of fifty per centum of the increase in assessed value\nthereof attributable to such construction and for an additional period\nof nine years provided, however, that the extent of such exemption shall\nbe decreased by five per centum each year during such additional period\nof nine years and such exemption shall be computed with respect to the\n"exemption base". The exemption base shall be the increase in assessed\nvalue as determined in the initial year of such ten year period\nfollowing the filing of an original application, except as provided in\nsubparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives the\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) The following table shall illustrate the computation of the city\ntax exemption:\n      Year of exemption                      Percentage of exemption\n               1                                       50\n               2                                       45\n               3                                       40\n               4                                       35\n               5                                       30\n               6                                       25\n               7                                       20\n               8                                       15\n               9                                       10\n              10                                        5\n  (b) No such exemption shall be granted unless:\n  (i) such construction was commenced on or after the first day of\nJanuary, two thousand five or such later date as may be specified by\nlocal law;\n  (ii) the residential real property is situate in a city with a\npopulation of not less than sixty thousand six hundred and not more than\nsixty-one thousand based upon the two thousand federal census;\n  (iii) the cost of such construction exceeds the sum of sixty thousand\ndollars or such greater amount as may be specified by local law; and\n  (iv) such construction is completed as may be evidenced by a\ncertificate of occupancy or other appropriate documentation as provided\nby the owner.\n  (c) For purposes of this section the term construction shall not\ninclude ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a city with a population\nof not less than sixty thousand six hundred and not more than sixty-one\nthousand based upon the two thousand federal census on or before the\nappropriate taxable status date of such city and within one year from\nthe date of completion of such construction.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies by a city with a population of\nnot less than sixty thousand six hundred and not more than sixty-one\nthousand based upon the two thousand federal census as provided in this\nsection commencing with the assessment roll prepared after the taxable\nstatus date referred to in subdivision three of this section. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  5. The provisions of this section shall apply to real property used as\nthe primary residence of the owner.\n  6. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  7. A city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand based upon the two thousand\nfederal census may, by local law, reduce the per centum of exemption\notherwise allowed pursuant to this section; provided, however, that a\nproject in course of construction and exemptions existing prior in time\nto passage of any such local law shall not be subject to any such\nreduction so effected. Such city upon reduction of the per centum of\nexemption pursuant to this subdivision may thereafter, by local law,\nincrease the per centum of exemption up to any per centum not exceeding\nthe maximum allowed by subdivision two of this section, provided,\nhowever, that any such local law shall apply only to construction\ncommenced subsequent to the effective date of such local law. A copy of\nall such local laws shall be filed with the commissioner and the\nassessor of the city.\n  8. A city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand based upon the two thousand\nfederal census may, by local law, establish a date for the commencement\nof effectiveness of exemption offered pursuant to this section and may\nprovide that the provisions of this section shall apply only to\nconstruction having a greater value than that specified by subdivision\ntwo of this section, provided, however, that such amount shall not\nexceed three hundred twenty-five thousand dollars.\n  9. (a) A city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand based upon the two thousand\nfederal census may, by local law, establish a board to be known as the\nresidential incentive board. The membership and composition of such\nboard shall be set forth in the local law.\n  (b) The residential incentive board shall present a plan to the\nlegislative body of a city with a population of not less than sixty\nthousand six hundred and not more than sixty-one thousand based upon the\ntwo thousand federal census concerning the various types of residential\nreal property which should be granted eligibility for an exemption\npursuant to subdivision one of this section. In addition, such plan\nshall identify specific geographic areas within which such exemptions\nshould be offered. In developing the plan required by this paragraph,\nthe board shall consider the planning objectives of a city with a\npopulation of not less than sixty thousand six hundred and not more than\nsixty-one thousand based upon the two thousand federal census, the\nnecessity of the exemption to the attraction or retention of home owners\nand the economic benefit to the area of providing exemptions to home\nowners.\n  (c) In addition, the board may make recommendations to the legislative\nbody of a city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand based upon the two thousand\nfederal census with respect to actions it deems desirable to improve the\neconomic climate therein.\n  10. If a city with a population of not less than sixty thousand six\nhundred and not more than sixty-one thousand based upon the two thousand\nfederal census establishes a residential incentive board, pursuant to\nsubdivision nine of this section, such city may, by local law, restrict\nreal property eligible to receive the exemption to real property\nconstructed for those purposes identified in the plan presented by the\nboard. Such local law shall restrict the availability of such exemption\nto the specific geographic areas identified in the plan presented by the\nboard.\n  11. Any city which adopts an exemption pursuant to this section shall\ncause information relating to the availability of such exemption,\nincluding requirements and application procedures, to be attached to all\nbuilding permit applications and copies of such information shall be\nposted in a conspicuous location in any office or offices where such\npermits and applications for permits are issued and processed.\n  * NB There are 5 § 485-j's\n
N.Y. PBH Law § 230-D — New York Code / Act PBH / Article 2 / Title 2-A / Section 230-D
Office-based surgery
Status: in_force

§ 230-d. Office-based surgery. 1. The following words or phrases, as\nused in this section shall have the following meanings:\n  (a) "Accredited status" means the full accreditation by\nnationally-recognized accrediting agency(ies) determined by the\ncommissioner.\n  (b) "Adverse event" means (i) patient death within thirty days; (ii)\nunplanned transfer to a hospital or emergency department visit within\nseventy-two hours of office-based surgery for reasons related to the\noffice-based surgery encounter; (iii) unscheduled hospital admission or\nassignment to observation services, within seventy-two hours of the\noffice-based surgery, for longer than twenty-four hours; or (iv) any\nother serious or life-threatening event.\n  (c) "Deep sedation" means a drug-induced depression of consciousness\nduring which (i) the patient cannot be easily aroused but responds\npurposefully following repeated painful stimulation; (ii) the patient's\nability to maintain independent ventilatory function may be impaired;\n(iii) the patient may require assistance in maintaining a patent airway\nand spontaneous ventilation may be inadequate; and (iv) the patient's\ncardiovascular function is usually maintained without assistance.\n  (d) "General anesthesia" means a drug-induced depression of\nconsciousness during which (i) the patient is not arousable, even by\npainful stimulation; (ii) the patient's ability to maintain independent\nventilatory function is often impaired; (iii) the patient, in many\ncases, often requires assistance in maintaining a patent airway and\npositive pressure ventilation may be required because of depressed\nspontaneous ventilation or drug-induced depression of neuromuscular\nfunction; and (iv) the patient's cardiovascular function may be\nimpaired.\n  (e) "Moderate sedation" means a drug-induced depression of\nconsciousness during which (i) the patient responds purposefully to\nverbal commands, either alone or accompanied by light tactile\nstimulation; (ii) no interventions are required to maintain a patent\nairway; (iii) spontaneous ventilation is adequate; and (iv) the\npatient's cardiovascular function is usually maintained without\nassistance.\n  (f) "Minimal sedation" means a drug-induced state during which (i)\npatients respond normally to verbal commands; (ii) cognitive function\nand coordination may be impaired; and (iii) ventilatory and\ncardiovascular functions are unaffected.\n  (g) "Minor procedures" means (i) procedures that can be performed\nsafely with a minimum of discomfort where the likelihood of\ncomplications requiring hospitalization is minimal; (ii) procedures\nperformed with local or topical anesthesia; or (iii) liposuction with\nremoval of less than 500 cc of fat under unsupplemented local\nanesthesia.\n  (h) "Office-based surgery" means any surgical or other invasive\nprocedure, requiring general anesthesia, moderate sedation, or deep\nsedation, and any liposuction procedure, where such surgical or other\ninvasive procedure or liposuction is performed by a licensee in a\nlocation other than a hospital, as such term is defined in article\ntwenty-eight of this chapter, excluding minor procedures and procedures\nrequiring minimal sedation.\n  (i) "Licensee" shall mean an individual licensed or otherwise\nauthorized under article one hundred thirty-one, one hundred\nthirty-one-B, individuals who have obtained an issuance of a privilege\nto perform podiatric standard or advanced ankle surgery pursuant to\nsubdivisions one and two of section seven thousand nine of the education\nlaw.\n  2. Licensee practices in which office-based surgery is performed shall\nobtain and maintain full accredited status.\n  3. A licensee may only perform office-based surgery in a setting that\nhas obtained and maintains full accredited status.\n  4. (a) Licensees shall report adverse events to the department's\npatient safety center within three business days of the occurrence of\nsuch adverse event. Licensees shall also report any suspected health\ncare disease transmission originating in their practices to the patient\nsafety center within three business days of becoming aware of such\nsuspected transmission. For purposes of this section, health care\ndisease transmission shall mean the transmission of a reportable\ncommunicable disease that is blood borne from a health care professional\nto a patient or between patients as a result of improper infection\ncontrol practices by the health care professional.\n  (b) The department may also require licensees to report additional\ndata such as procedural information as needed for the interpretation of\nadverse events.\n  (c) The data reported under this subdivision shall be subject to all\nconfidentiality provisions provided by section twenty-nine hundred\nninety-eight-e of this chapter.\n  5. The commissioner shall make, adopt, promulgate and enforce such\nrules and regulations, as he or she may deem appropriate, to effectuate\nthe purposes of this section. Where any rule or regulation under this\nsection would affect the scope of practice of a health care practitioner\nlicensed, registered or certified under title eight of the education law\nother than those licensed under articles one hundred thirty-one or one\nhundred thirty-one-B of the education law, the rule or regulation shall\nbe made with the concurrence of the commissioner of education.\n
N.Y. RPT Law § 457-A — New York Code / Act RPT / Article 4 / Title 2 / Section 457-A
Exemption for eligible residential property transferred to a low-income household
Status: in_force

§ 457-a. Exemption for eligible residential property transferred to a\nlow-income household. 1. As used in this section:\n  (a) "Nonprofit housing organization" means a nonprofit organization\nexempt from certain taxes pursuant to section 501(c)(3) or section\n501(c)(4) of the United States internal revenue code and/or that is\nincorporated under the not-for-profit corporation law whose primary\npurpose is the construction or renovation of residential affordable\nhousing for conveyance to households that meet certain income\nrequirements.\n  (b) "Community land trust" means a nonprofit organization exempt from\ncertain taxes pursuant to section 501(c)(3) or section 501(c)(4) of the\nUnited States internal revenue code and/or that is incorporated under\nthe not-for-profit corporation law whose primary purpose is to provide\naffordable housing by owning land and leasing or selling residential\nhousing situated on that land to households that meet certain income\nrequirements.\n  (c) "Land bank" means an entity created in accordance with article\nsixteen of the not-for-profit corporation law.\n  (d) "Qualified low-income household" means a household with an income\nupon initial occupancy of the residential property of not more than\neighty percent of the area median income, as annually defined by the\nUnited States department of housing and urban development, and which has\nagreed to occupy such residential property as a primary residence. A\nnonprofit housing organization, community land trust, land bank, or\nappropriate governmental entity shall certify that a household meets the\nincome and residency criteria to be considered a qualified low-income\nhousehold and shall determine the income and assets that shall be used\nto determine a household's income for eligibility purposes.\n  2. (a) Residential real property subject to a restrictive covenant or\ndeclaration, legal requirement, regulatory agreement or other\ncontractual obligation with a governmental entity, nonprofit housing\norganization, or land bank, and transferred to a qualified low-income\nhousehold, or where the land is transferred to a community land trust\nand the residential building situated on the land is or will be leased\nor sold to a qualified low-income household, shall be exempt as provided\nin paragraph (b) of this subdivision from taxation levied by or on\nbehalf of any county, city, town, village or school district in which\nsuch residential real property is located, provided the legislative body\nor governing board of such county, city, town or village, after public\nhearing, adopts a local law, or a school district, other than a school\ndistrict to which article fifty-two of the education law applies, adopts\na resolution opting in to this subdivision.\n  (b) The real property tax exemption authorized pursuant to paragraph\n(a) of this subdivision shall be an amount that is not less than\ntwenty-five percent nor more than seventy-five percent of the assessed\nvalue of the residential real property.\n  (c) A copy of any local law or resolution adopted pursuant to\nparagraph (a) of this subdivision shall be filed with the assessor of\nthe county, city, town, or village that prepares the assessment roll on\nwhich the taxes of such county, city, town, village, or school district\nare levied.\n  3. (a) The exemption granted pursuant to this section shall be\ndiscontinued if the property granted such exemption:\n  (i) ceases to be used primarily for residential purposes; or\n  (ii) ceases to be used as a primary residence; or\n  (iii) is transferred to another person or entity, other than to any\nheirs or distributees of the owner that meet the requirements of being a\nqualified low-income household at the time of such transfer.\n  (b) Upon determining that an exemption granted pursuant to this\nsection should be discontinued, the assessor shall mail a notice so\nstating to the owner or owners thereof at the time and in the manner\nprovided by section five hundred ten of this chapter. Such owner or\nowners shall be entitled to seek administrative and judicial review of\nsuch action in the manner provided by law, provided that the burden\nshall be on such owner or owners to establish eligibility for the\nexemption.\n  4. Such exemption shall be granted only upon application by the owner\nor owners of such real property on a form prescribed by the\ncommissioner.  The application shall be filed with the assessor of the\ncounty, city, town, or village having the power to assess property for\ntaxation on or before the appropriate taxable status date of such\ncounty, city, town, or village.\n  5. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application,\nand such residential property shall thereafter be exempt from taxation\nand special ad valorem levies as provided in this section commencing\nwith the assessment roll prepared on the basis of the taxable status\ndate referred to in subdivision four of this section. The assessed value\nof any exemption granted pursuant to this section shall be entered by\nthe assessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n
N.Y. PBH Law § 223 — New York Code / Act PBH / Article 2 / Title 2 / Section 223
Public health and health planning council; compensation and expenses
Status: in_force

§ 223. Public health and health planning council; compensation and\nexpenses. The members of the public health and health planning council\nother than the commissioner of health shall receive no compensation for\ntheir services, but shall be reimbursed for expenses actually and\nnecessarily incurred in the performance of their duties.\n
N.Y. SOS Law § 398-B — New York Code / Act SOS / Article 6 / Title 2 / Section 398-B
Transition to managed care
Status: in_force

§ 398-b. Transition to managed care. 1. Notwithstanding any\ninconsistent provision of law to the contrary and subject to the\navailability of federal financial participation, the commissioner is\nauthorized to make grants up to a gross amount of five million dollars\nfor state fiscal year two thousand fourteen--fifteen and up to a gross\namount of fifteen million dollars for state fiscal year two thousand\nfifteen--sixteen to facilitate the transition of foster care children\nplaced with voluntary foster care agencies to managed care. The use of\nsuch funds may include providing training and consulting services to\nvoluntary agencies to assess readiness and make necessary infrastructure\nand organizational modifications, collecting service utilization and\nother data from voluntary agencies and other entities, and making\ninvestments in health information technology, including the\ninfrastructure necessary to establish and maintain electronic health\nrecords. Such funds shall be distributed pursuant to a formula to be\ndeveloped by the commissioner of health, in consultation with the\ncommissioner of the office of children and family services. In\ndeveloping such formula the commissioners may take into account size and\nscope of provider operations as a factor relevant to eligibility for\nsuch funds. Each recipient of such funds shall be required to document\nand demonstrate the effective use of funds distributed herein. If\nfederal financial participation is unavailable, then the nonfederal\nshare of payments pursuant to this subdivision may be made as state\ngrants.\n  2. Data provided by voluntary foster care agencies shall be compliant\nwith the health insurance portability and accountability act, and shall\nbe transmitted securely using eMEDS or other mechanism to be determined\nby the department of health. Such data may be used by the department of\nhealth to establish rates of payment for managed care organizations for\nservices provided to children in foster care. In establishing such rates\nthe commissioner of health shall also take into account care\ncoordination services that will continue to be provided by the voluntary\nfoster care agencies.\n  3. The commissioner of health shall issue a report to be made public\non the department of health's website. Such report shall conform to the\nrequirements of subdivision five of section ninety-two of part H of\nchapter fifty-nine of the laws of two thousand eleven.\n
N.Y. ENV Law § 71-0209 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0209
Convictions; bail forfeitures; failure to appear
Status: in_force

§ 71-0209. Convictions; bail forfeitures; failure to appear.\n  1. The trial court or clerk thereof shall certify to the commissioner\nthe facts of any case involving a violation of any provision of this\nchapter, or of any rule, regulation or order adopted pursuant thereto,\n  (a) within five days of the date of conviction of such violation;\n  (b) within five days of a forfeiture of bail in such case; or\n  (c) within ninety days of a failure of the defendant to appear on the\ninitial date of appearance, or any adjourned date for appearance or\ntrial.\n  2. The commissioner may, by regulation, provide for the form and\ncontent of such certification and limit the violations for which\ncertifications shall be required. Such certifications shall be\npresumptive evidence of the facts therein contained and may, in the\ndiscretion of the commissioner, be recorded in the records of the\ndepartment. In the event a conviction which has been so recorded is\nsubsequently reversed, the commissioner, upon receiving due notice\nthereof, shall record such fact in such records.\n  3. Upon the conviction of any person of a violation for which a\ncertification must be made to the commissioner, pursuant to this\nsection, the court or clerk shall also enter such conviction on any\nlicense or certificate issued by the department if such entry is\nrequired by the regulations of the commissioner.\n
N.Y. PBA Law § 528 — New York Code / Act PBA / Article 3 / Title 2 / Section 528
Powers of the authority
Status: in_force

§ 528. Powers of the authority. The authority shall have power\n  1. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  1-a. To hold in the name of the state any real property acquired for\nits corporate purposes and, with the approval of the commissioner, to\nsell, lease, exchange, or otherwise dispose of any real property or\nrights or easements therein, heretofore or hereafter acquired pursuant\nto the "state bridge authority act", determined by it to be not\nnecessary for its corporate purposes, and shall accept ownership of the\nwalkway over the Hudson bridge in the name of the state, and acquire\nsuch incidental roads, approaches, structures and facilities as may be\nnecessary.\n  1-b. To accept from any person gifts of money or property for its\ncorporate purposes.\n  2. To make by-laws for the management and regulation of its affairs;\n  3. With the consent of the commissioner to use the agents, employees\nand facilities of the department, paying its proper proportion of the\ncompensation and expenses of such agents and employees and of the cost\nof such facilities;\n  4. To appoint officers, agents and employees and fix their\ncompensation; subject, however, to the provisions of the civil service\nlaw, which shall apply to the authority as a municipal corporation other\nthan a city;\n  5. To make contracts, and to execute all instruments necessary or\nconvenient;\n  6. To conduct a study regarding traffic congestion and capacity needs\nin and around the Franklin Delano Roosevelt Mid-Hudson bridge and to\nmake recommendations concerning reasonable alternatives designed to\nalleviate any known capacity deficiencies in and around such bridge.\nSuch study shall include, but is not limited to an investigation to\ndetermine whether it is in the public interest to construct a new bridge\nover the Hudson river at or near the city of Poughkeepsie and in\nconnection therewith to contract with engineers, surveyors, contractors\nand others for environmental review, preliminary plans, borings, surveys\nand estimates of cost, and if the authority by resolution, and the\ncommissioner in writing filed with the authority, shall determine that\nthe construction of such bridge is in the public interest, to construct\nsuch bridge at a location approved by the commissioner, on lands of the\nstate of New York or lands to be acquired in the name of the state of\nNew York as hereinafter provided, together with incidental roads,\napproaches, structures and facilities, subject to such consents and\napproval of federal authorities in any case as may be necessary.\n  7. To maintain, reconstruct, and operate the bridges so long as its\ncorporate existence shall continue;\n  8. To charge tolls for the use of the bridges, with the exception of\nthe walkway over the Hudson bridge, subject to and in accordance with\nsuch agreements with bondholders and noteholders as may be made as\nhereinafter provided, except, however, that subject to such agreements\nthe rates of tolls charged on the Franklin Delano Roosevelt Mid-Hudson\nbridge, the Kingston Rhinecliff bridge, the Bear Mountain bridge, the\nRip Van Winkle bridge, and the Hamilton Fish Newburgh-Beacon bridge\nshall be the same.\n  9. To construct and maintain over, or along the bridges, or either of\nthem, telephone, telegraph or electric wires and cables, gas mains,\nwater mains, and other mechanical equipment not inconsistent with the\nuse of the bridges for vehicular traffic, to contract for such\nconstruction and to lease the right to construct and/or use the same on\nsuch terms and for such considerations as it shall determine, provided,\nhowever, that no lease shall be made for a period of more than ten years\nfrom the date when it is made;\n  10. To construct and maintain facilities for the public, not\ninconsistent with the appropriate use of the bridges, to contract for\nsuch construction, and to lease the right to construct and/or use such\nfacilities on such terms and for such considerations as it shall\ndetermine, provided, however, that no lease shall be made for a period\nof more than ten years from the date when it is made;\n  10-a. Subject to the approval of the commissioner, to construct,\nreconstruct and improve highway connections to any of the bridges; the\nconstruction to be under the supervision and control of the commissioner\nas agent of the authority. Upon completion thereof, jurisdiction of such\nconnections to be transferred by the authority to the commissioner who\nshall thereafter maintain such connections in the same manner as other\nhighways maintained by the state;\n  10-b. To contribute and pay over such amount as the authority shall\ndetermine to any city for such city's share of the cost, including\ndamages and expenses, to be borne by or charged against such city for\nthe acquisition of real property acquired by the state within such city\nfor state highways connecting with any of the bridges and approaches\nsituated within a radius of one mile from the nearest bridge abutment.\n  11. To issue negotiable bonds and notes and to provide for the rights\nof the holders thereof;\n  12. To enter on any lands, waters and premises for the purpose of\nmaking surveys, soundings and examinations;\n  13. To advertise the facilities and advantages of the bridges;\n  14. To appoint or designate one or more persons for the purpose of\nenforcing law, order and the observance of the rules and regulations\nestablished by the authority. Each person as and when so appointed or\ndesignated may, during the term of such appointment or designation be\nuniformed and shall be known as a "New York state bridge authority\npatrolman" and shall be a police officer as defined by paragraph (e) of\nsubdivision thirty-four of section 1.20 of the criminal procedure law\nand shall have, within the limits of the cities, towns and villages\nwithin which any part of a bridge, or any ferry property, operated by\nthe authority shall be located, all the powers of a constable, marshal,\npolice constable or police officer of a city, town or village in the\nexecution of criminal processes; and criminal process issued by any\ncourt or magistrate of a county, town, city or village within which any\npart of a bridge or any ferry property operated by the authority shall\nbe located, may be directed to and executed by any such patrolman\nnotwithstanding the provisions of any local or special act, ordinance or\nregulation.\n  15. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  16. To accept grants, loans or contributions from the United States of\nAmerica, the state of New York, or any agency or instrumentality of\neither of them and, subject to any agreement with bondholders or\nnoteholders, to enter into contracts and to execute all instruments\nnecessary or convenient or desirable in connection therewith, including,\nits bonds, notes or other obligation evidencing any such loan from the\nUnited States of America, the state of New York or any agency or\ninstrumentality of either of them.\n  17. To enter into a lease or operating agreement, for a period not to\nexceed ninety-nine years, with the office of parks, recreation and\nhistoric preservation for all or a portion of the walkway over the\nHudson bridge for the purpose of a state park. Such agreement may assign\nor allocate responsibility for the construction, operation, maintenance,\nreplacement and management of the deck and approaches and structures\nproviding public access to the state park, but the authority shall\nretain responsibility for maintaining the superstructure of the walkway\nover the Hudson bridge. The office of parks, recreation and historic\npreservation is authorized to enter into such agreement, which may\ninclude the installation and maintenance by the office of parks,\nrecreation and historic preservation of any personal property and\nequipment used in connection therewith. The office of parks, recreation\nand historic preservation shall propose in its annual budget an amount\nfor all costs and obligations under such agreement and these costs may\nbe supplemented by private donations.\n
N.Y. PBH Law § 2423 — New York Code / Act PBH / Article 24 / Title 2 / Section 2423
Cancer institute; administration of gifts and trusts
Status: in_force

§ 2423. Cancer institute; administration of gifts and trusts.  The\ncommissioner, as the successor of the board of trustees of the state\ninstitute for the study of malignant diseases, shall execute and\nadminister any gifts, transfer or trust heretofore made to or for the\nbenefit of such institute and may receive gifts, legacies and bequests,\nand use the same for the advancement of the subjects and purposes of the\ninstitute.\n