N.Y. EDN Law § 3813 — New York Code / Act EDN / Title 5 / Article 77 / Section 3813
Presentation of claims against the governing body of any school district or certain state supported schools
Status: in_force

§ 3813. Presentation of claims against the governing body of any\nschool district or certain state supported schools. 1. No action or\nspecial proceeding, for any cause whatever, except as hereinafter\nprovided, relating to district property or property of schools provided\nfor in article eighty-five of this chapter or chapter ten hundred sixty\nof the laws of nineteen hundred seventy-four or claim against the\ndistrict or any such school, or involving the rights or interests of any\ndistrict or any such school shall be prosecuted or maintained against\nany school district, board of education, board of cooperative\neducational services, school provided for in article eighty-five of this\nchapter or chapter ten hundred sixty of the laws of nineteen hundred\nseventy-four or any officer of a school district, board of education,\nboard of cooperative educational services, or school provided for in\narticle eighty-five of this chapter or chapter ten hundred sixty of the\nlaws of nineteen hundred seventy-four unless it shall appear by and as\nan allegation in the complaint or necessary moving papers that a written\nverified claim upon which such action or special proceeding is founded\nwas presented to the governing body of said district or school within\nthree months after the accrual of such claim, and that the officer or\nbody having the power to adjust or pay said claim has neglected or\nrefused to make an adjustment or payment thereof for thirty days after\nsuch presentment. In the case of an action or special proceeding for\nmonies due arising out of contract, accrual of such claim shall be\ndeemed to have occurred as of the date payment for the amount claimed\nwas denied.\n  2. Notwithstanding anything to the contrary hereinbefore contained in\nthis section, no action or special proceeding founded upon tort shall be\nprosecuted or maintained against any of the parties named in this\nsection or against any teacher or member of the supervisory or\nadministrative staff or employee where the alleged tort was committed by\nsuch teacher or member or employee acting in the discharge of his duties\nwithin the scope of his employment and/or under the direction of the\nboard of education, trustee or trustees, or governing body of the school\nunless a notice of claim shall have been made and served in compliance\nwith section fifty-e of the general municipal law. Every such action\nshall be commenced pursuant to the provisions of section fifty-i of the\ngeneral municipal law; provided, however, that this section shall not\napply to: (i) any claim to recover damages for physical, psychological,\nor other injury or condition suffered as a result of conduct which would\nconstitute a sexual offense as defined in article one hundred thirty of\nthe penal law committed against a child less than eighteen years of age,\nincest as defined in section 255.27, 255.26 or 255.25 of the penal law\ncommitted against a child less than eighteen years of age, or the use of\na child in a sexual performance as defined in section 263.05 of the\npenal law committed against a child less than eighteen years of age; or\n  (ii) any civil claim or cause of action revived pursuant to section\ntwo hundred fourteen-j of the civil practice law and rules.\n  2-a. Upon application, the court, in its discretion, may extend the\ntime to serve a notice of claim. The extension shall not exceed the time\nlimited for the commencement of an action by the claimant against any\ndistrict or any such school. In determining whether to grant the\nextension, the court shall consider, in particular, whether the district\nor school or its attorney or its insurance carrier or other agent\nacquired actual knowledge of the essential facts constituting the claim\nwithin the time specified in subdivision one of this section or within a\nreasonable time thereafter. The court shall also consider all other\nrelevant facts and circumstances, including: whether the claimant was an\ninfant, or mentally or physically incapacitated, or died before the time\nlimited for service of the notice of claim; whether the claimant failed\nto serve a timely notice of claim by reason of his justifiable reliance\nupon settlement representations made by an authorized representative of\nthe district or school or its insurance carrier; whether the claimant in\nserving a notice of claim made an excusable error concerning the\nidentity of the district or school against which the claim should be\nasserted; and whether the delay in serving the notice of claim\nsubstantially prejudiced the district or school in maintaining its\ndefense on the merits.\n  An application for leave to serve a late notice shall not be denied on\nthe ground that it was made after commencement of an action against the\ndistrict or school.\n  Nothing contained in this subdivision shall affect claims arising out\nof contracts entered into by the parties before the effective date of\nthis subdivision; nor shall anything contained in this subdivision\naffect non-contractual claims which have accrued before the effective\ndate of this subdivision.\n  2-b. Except as provided in subdivision two of this section and,\nnotwithstanding any other provision of law providing a longer period of\ntime in which to commence an action or special proceeding, no action or\nspecial proceeding shall be commenced against any entity specified in\nsubdivision one of this section more than one year after the cause of\naction arose; provided, however, that nothing contained in this\nsubdivision shall be deemed to modify or supersede any provision of law\nspecifying a shorter period of time in which to commence an action or\nspecial proceeding against any such entity. For purposes of this\nsubdivision, a cause of action against the school district of residence\nfor reimbursement of tuition costs incurred pursuant to subdivision four\nof section thirty-two hundred two of this chapter by the school district\nin which a family home at board is located shall arise as of the date\npayment for the amount claimed was denied.\n  3. The provisions of this section shall not supersede, alter or affect\nthe provisions of section twenty-five hundred twelve of this chapter.\n  4. In any action for personal injuries by a passenger on a school bus\nagainst a school district, school bus operator under contract with a\nschool district, or any agent or employee of a district or operator\n(including, but not limited to, bus drivers, matrons, teachers serving\nas chaperones and volunteers) no such person shall be held liable solely\nbecause the injured party was not wearing a seat safety belt; provided,\nhowever, that nothing contained herein shall be construed to grant\nimmunity from liability for failure to:\n  (a) maintain in operating order any equipment required by statute,\nrule or regulation;\n  (b) comply with applicable statutes, rules or regulations.\n
N.Y. PML Law § 1331 — New York Code / Act PML / Article 13 / Title 5 / Section 1331
Operation certificate
Status: in_force

§ 1331. Operation certificate. 1. Notwithstanding the issuance of a\nlicense therefor, no gaming facility may be opened or remain open to the\npublic, and no gaming activity, except for test purposes, may be\nconducted therein, unless and until a valid operation certificate has\nbeen issued to the gaming facility licensee by the commission. Such\ncertificate shall be issued by the executive director upon a\ndetermination that a gaming facility complies in all respects with the\nrequirements of this article and regulations promulgated hereunder, and\nthat the gaming facility is prepared in all respects to receive and\nentertain the public.\n  2. An operation certificate shall remain in force and effect unless\nrevoked, suspended, limited, or otherwise altered by the commission in\naccordance with this article.\n  3. It shall be an express condition of continued operation under this\narticle that a gaming facility licensee shall maintain either\nelectronically or in hard copy at the discretion of the gaming facility\nlicensee, copies of all books, records, and documents pertaining to the\nlicensee's operations and approved hotel in a manner and location\napproved by the commission, provided, however, that the originals of\nsuch books, records and documents, whether in electronic or hard copy\nform, may be maintained at the offices or electronic system of an\naffiliate of the gaming facility licensee, at the discretion of the\ngaming facility licensee. All such books, records and documents shall be\nimmediately available for inspection during all hours of operation in\naccordance with the rules of the commission and shall be maintained for\nsuch period of time as the commission shall require.\n
N.Y. PBA Law § 918 — New York Code / Act PBA / Article 4 / Title 5 / Section 918
Equal employment opportunity
Status: in_force

§ 918. Equal employment opportunity. The authority shall ensure that\nall employees or applicants for employment are afforded equal employment\nopportunity without discrimination.\n
N.Y. PBH Law § 576-A — New York Code / Act PBH / Article 5 / Title 5 / Section 576-A
Clinical laboratories and cytotechnologists examining Pap smears
Status: in_force

§ 576-a. Clinical laboratories and cytotechnologists examining Pap\nsmears. 1. Definitions. As used in this section, unless the context\nclearly requires otherwise, the following terms shall have the following\nmeanings:\n  (a) "Cytotechnologist". A clinical laboratory professional\nspecializing in the analysis of cytopathology samples, including Pap\nsmears, for cervical cancer and related diseases who meets the\nqualifications specified by the department.\n  (b) "Cytotechnologist work standard". (i) A limitation on the number\nof Pap smears (also known as gynecologic slides) and non-gynecologic\nslides a cytotechnologist may examine during a particular time period,\nor other limitation on the quantity, speed or manner of examination of\nslides by a cytotechnologist, under regulations of the department.\n  (ii) The department may establish regulations for cytotechnologist\nworkload standards that shall be at least as stringent as federal\nregulations.\n  (c) "Employ". To employ or contract with a cytotechnologist to examine\ngynecologic slides.\n  (d) "Clinical laboratory". A clinical laboratory issued a permit\npursuant to this title.\n  (e) "Work day". A twenty-four hour period during which a\ncytotechnologist examines gynecologic slides for a clinical laboratory.\n  2. Compliance with cytotechnologist work standard. No cytotechnologist\nshall exceed the applicable cytotechnologist work standard. No clinical\nlaboratory shall require, authorize, encourage or permit any\ncytotechnologist to exceed the applicable cytotechnologist work\nstandard. In determining whether a cytotechnologist exceeds the\napplicable cytotechnologist work standard, all work done by the\ncytotechnologist during a given work day shall be considered, without\nregard to which clinical laboratory or other person for which or whom it\nwas performed.\n  3. Record-keeping. (a) Each clinical laboratory shall maintain\nrecords, in a form prescribed by the department, which set forth, for\neach cytotechnologist employed by the clinical laboratory:\n  (i) the name of the cytotechnologist;\n  (ii) the number of hours worked by the cytotechnologist in each work\nday;\n  (iii) the number of gynecologic slides and non-gynecologic slides\nexamined by the cytotechnologist during each work day; and\n  (iv) such other information as the department may require by\nregulation.\n  (b) Such records of clinical laboratories and cytotechnologists shall\nbe made available for inspection and copying by the department upon\nrequest.\n  4. Multiple employers. Whenever a cytotechnologist is employed by more\nthan one clinical laboratory or other person during a work day, the\ncytotechnologist shall advise each clinical laboratory of any previous\nemployment during the work day and the amount of work performed, to\ninsure that the applicable cytotechnologist work standard is not\nexceeded.\n  5. Standards for gynecologic slides. (a) A gynecologic slide of a Pap\nsmear shall not be tested or reported on if:\n  (i) the apparent condition of the specimen indicates that it is\nunsatisfactory for testing or that it is inappropriate for the test\nrequested;\n  (ii) it has been collected, labeled, preserved or otherwise handled in\nsuch a manner that it has become unsatisfactory or unreliable as a test\nspecimen;\n  (iii) the slide is broken;\n  (iv) it contains insufficient cells or the cells are obscured by\ninflammation, blood or lubricating ointment, so that an adequate\ndiagnosis cannot be made; or\n  (v) the slide is otherwise unsatisfactory, as defined by department\nregulations.\n  (b) If the slide is unsatisfactory as set forth in this subdivision,\nthe clinical laboratory shall have an affirmative duty to advise the\ncollecting physician or other practitioner that the slide is\nunsatisfactory and request the submission of a new slide.\n  6. Re-examination of slides. The department shall prescribe, by\nregulation, a system of targeted re-examination of gynecologic slides\nexamined and found to be not abnormal or questionable. The factors to be\nconsidered in the targeted re-examination may include, but are not\nlimited to, the prior cancer and other history of the patient, the\nresults of previous slide examinations, and the experience and ability\nof the cytotechnologist. Each clinical laboratory shall follow the\nprescribed re-examination system.\n  7. Notwithstanding any provisions of subdivision one of this section\nto the contrary, the department may, pursuant to regulation, increase\nthe maximum number of slides which may be examined in a work day for\nclinical laboratories using slide examination or preparation technology\napproved by the federal food and drug administration, provided that such\nstandards shall be at least as stringent as federal standards\npromulgated under the federal clinical laboratory improvement amendments\nof nineteen hundred eighty-eight or other applicable federal law.\n  8. Violations. (a) Sections twelve, twelve-a, and twelve-b of this\nchapter shall apply to violations of this section, except that the civil\npenalty for a violation of this section by a cytotechnologist shall not\nexceed five hundred dollars.\n  (b) If any clinical laboratory or other person violating this section\nis licensed, certified or registered by the department under other\nprovisions of law, the violation of this section may be grounds for\ndisciplining the person under such law.\n
N.Y. PBA Law § 1114-C — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-C
South Nassau water authority district
Status: in_force

* § 1114-c. South Nassau water authority district. 1. There is hereby\ncreated a district to be known as the "South Nassau water authority\ndistrict" which shall be defined as all that portion of Nassau county\nbeing serviced by the New York American water service corporation as its\nLong Island Water operations district as of the effective date of this\ntitle, and lying south of the area serviced by the Town of Hempstead\nDepartment of Water.\n  * NB There are 2 § 1114-c's\n
N.Y. LAB Law § 565 — New York Code / Act LAB / Article 18 / Title 5 / Section 565
Governmental entities
Status: in_force

§ 565. Governmental entities. 1. Definition. A governmental entity\nshall mean the state of New York, municipal corporations and other\ngovernmental subdivision and any instrumentality of one or more of the\nforegoing.\n  2. Exclusions. In addition to services not included pursuant to the\nprovisions of section five hundred eleven of this article, the term\n"employment" does not include services rendered for a governmental\nentity by:\n  (a) an elected official;\n  (b) a member of a legislative body or of the judiciary;\n  (c) a member of the state national guard or air national guard, except\na person who renders such services as a regular state employee;\n  (d) a person serving on a temporary basis in case of fire, storm,\nsnow, earthquake, flood or similar emergency;\n  (e) a person in a major nontenured policymaking or advisory position;\n  (f) a person in a policymaking or advisory position, the duties of\nwhich ordinarily do not require more than eight hours per week to\nperform; and\n  (g) an incarcerated individual of a custodial or penal institution.\n  3. Coverage. A governmental entity shall be liable for contributions\nunder this article unless it becomes liable for payments in lieu of\ncontributions.\n  4. Election of payments in lieu of contributions. A governmental\nentity or a group of such entities liable for contribution under this\narticle may elect to become liable for payments in lieu of contributions\nas of the first day of any calendar year by filing with the commissioner\na written notice to this effect before the beginning of such year or, if\nthe governmental entity was not liable in the preceding calendar year,\nby filing the notice not later than thirty days after the end of the\ncalendar quarter in which it first became liable. The commissioner may\nfor good cause shown extend the time for the filing of such notice.\n  5. Obligation upon election.  (a) A governmental entity which has\nelected to become liable for payments in lieu of contributions shall pay\ninto the fund an amount equal to the amount of benefits paid to\nclaimants and charged to its employer's account in accordance with the\nprovisions of paragraph (e) of subdivision one of section five hundred\neighty-one of this article on the basis  of remuneration paid on or\nafter the date on which such liability became effective.  The amount of\npayments so required shall be determined by the commissioner as soon as\npracticable after the end of each calendar quarter or any other period.\nSuch amount shall be payable quarterly or at such times and in such\nmanner as the commissioner shall prescribe and, when paid, the\nemployer's account of the governmental entity shall be discharged\naccordingly.\n  (b) If governmental entities elect payments in lieu of contributions\nas a group, the members of the group shall be severally and jointly\nliable for payments of amounts equal to the amounts of benefits paid to\nclaimants and charged to the employer's accounts of all members of the\ngroup. The commissioner may prescribe conditions and methods for such\ngroup elections and for the discharge of the obligations and\nresponsibilities of the group and its members.\n  6. Termination of election. (a) A governmental entity may terminate\nits election to become liable for payments in lieu of contributions as\nof the first day of any calendar year by filing a written notice to this\neffect with the commissioner before the beginning of such year.\n  (b) The commissioner may cancel at any time the election of a\ngovernmental entity which has failed to make any of the payments\nrequired hereunder within thirty days after the commissioner has\nnotified it of the liability for and the amount of such payment. Such\ncancellation shall remain in force and effect until the governmental\nentity files a new notice of election in accordance with the provisions\nof subdivision four of this section after having satisfied conditions\nand requirements prescribed by the commissioner for this purpose.\n  (c) If such election is terminated by a governmental entity or\ncancelled by the commissioner, the governmental entity shall remain\nliable for payments in lieu of contributions with respect to all\nbenefits charged to its account on the basis of remuneration paid before\nthe date on which such termination or cancellation took effect.\n  7. Joint accounts. Any two or more governmental entities may form a\njoint account by complying with rules and regulations prescribed by the\ncommissioner for the establishment, maintenance and dissolution of such\naccounts.\n  8. Assessment and collection of payments in lieu of contributions. The\namount of payments in lieu of contributions due hereunder from\ngovernmental entities but not paid upon notice shall be assessed and\ncollected by the commissioner, together with interest and penalties, if\nany, in the same manner and subject to the same conditions under which\ncontributions due from other employers may be assessed and collected\nunder provisions of this article.\n  9. Special provisions applicable to the state. (a) In lieu of\ncontributions, the state of New York shall pay into the fund an amount\nequivalent to the amount of benefits paid to claimants and charged to\nthe account of the state of New York in accordance with the provisions\nof paragraph (e) of subdivision one of section five hundred eighty-one\nof this article.\n  (b) The amount of payments into the fund required shall be ascertained\nby the commissioner as soon as practicable after the end of each\ncalendar year or any other shorter period and shall be payable from the\ngeneral funds of the state, except if a claimant to whom benefits were\npaid remuneration by the state of New York during his base period from a\nspecial or administrative fund provided for by law, other than an income\nfund of the state university or the mental hygiene services fund, the\npayment into the fund shall be made from such special or administrative\nfund with the approval of the director of the budget. Such payments by\nthe state shall be made at such times and in such manner as the\ncommissioner, with the approval of the director of the budget, may\ndetermine and prescribe.\n
N.Y. ENV Law § 71-0525 — New York Code / Act ENV / Article 71 / Title 5 / Section 71-0525
Powers of designated departmental officers and employees and members of the state police
Status: in_force

§ 71-0525. Powers of designated departmental officers and employees and\n             members of the state police.\n  1. All police officers, such employees as may be designated by the\ncommissioner, and all peace officers, when acting pursuant to their\nspecial duties, shall enforce the provisions of this chapter listed in\nsection 71-0501 or under titles 5 through 15 inclusive and title 33 of\nthis article, or of judgments obtained for violation thereof, and shall\nhave, particularly, the following powers:\n  a. To execute all warrants and search warrants issued for violation of\narticles 11 and 13 and titles 9 of this article and to serve subpoenas\nissued for examination, investigation or trial of offenses against any\nof its provisions;\n  b. To search without search warrant any boat or vehicle of any kind,\nany box, locker, basket, creel, crate, game bag, package or any\ncontainer of any nature and the contents of any building other than a\ndwelling whenever they have cause to believe that any provision of this\narticle or of any law for the protection of fish, shellfish, crustacea,\nwildlife, game or protected insects has been or is being violated, and\nto use such force as may be necessary for the purpose of examination and\nsearch;\n  c. To search any dwelling and its contents, provided they have a\nsearch warrant to do so;\n  d. To arrest without warrant any person committing in their presence a\nmisdemeanor under this chapter listed in section 71-0501 or under titles\n5 through 15 inclusive and title 33 of this article and to take such\nperson immediately before a magistrate having jurisdiction for trial.\n  2. A peace officer, acting pursuant to his special duties or a police\nofficer shall have the same powers as environmental conservation\nofficers and state police under the fish and wildlife law, except the\npower to search without a warrant.\n
N.Y. VAT Law § 515 — New York Code / Act VAT / Title 5 / Article 20 / Section 515
Alteration of convictions endorsed on licenses
Status: in_force

§ 515. Alteration of convictions endorsed on licenses.  No person\nshall wilfully erase or otherwise make illegible, the record of a\nconviction which has been endorsed on a license pursuant to the\nprovisions of section five hundred fourteen.\n
N.Y. SOS Law § 194-A — New York Code / Act SOS / Article 5 / Title 5 / Section 194-A
Additional power of work assignment granted to commissioner of public welfare of Monroe county
Status: in_force

§ 194-a. Additional power of work assignment granted to commissioner\nof public welfare of Monroe county. When, pursuant to the provisions of\nsubdivision eight of section one hundred ninety-four of this title, the\ncommissioner of public welfare of Monroe county deems it advisable to\nassign work to an incarcerated individual, such work may be assigned and\nperformed in or about not only the public home, farm and garden but also\nany other property maintained under his supervision. The payment of any\nreward pursuant to such subdivision eight shall not be deemed, for the\npurposes of any law, to make the incarcerated individual receiving the\nsame an employee of the public home or of the county or city maintaining\nsuch home or such other property maintained under the commissioner's\njurisdiction.\n
N.Y. VAT Law § 501-A — New York Code / Act VAT / Title 5 / Article 19 / Section 501-A
Definitions
Status: in_force

§ 501-a. Definitions. The following terms when used in this article\nand in articles twenty and thirty-one of this chapter, shall have the\nfollowing meanings:\n  1. Commercial driver's license or CDL. A class A or B driver's license\nor a class C driver's license which bears an H, P or X endorsement,\nwhich licenses contain the legend commercial driving license or CDL\nthereon and which is issued in accordance with the commercial motor\nvehicle safety act of 1986, public law 99-570, title XII, and this\narticle which authorizes a person to operate a commercial motor vehicle\nand an altered motor vehicle commonly referred to as a "stretch\nlimousine" having a seating capacity of nine or more passengers\nincluding the driver.\n  2. Gross vehicle weight rating or GVWR. The weight of a vehicle\nconsisting of the unladen weight and the maximum carrying capacity\nrecommended by the manufacturer of such vehicle. The GVWR of a\ncombination of vehicles (commonly referred to as the "Gross Combination\nWeight Rating" or GCWR) is the GVWR of the power unit plus the GVWR of\neach vehicle in the combination.\n  3. Hazardous materials. Any material that has been designated as\nhazardous under 49 U.S.C. 5103 and is required to be placarded under\nsubpart F of 49 CFR part 172 or any quantity of a material listed as a\nselect agent or toxin in 42 CFR part 73.\n  4. Commercial motor vehicle. (a) A motor vehicle or combination of\nvehicles designed or used to transport passengers or property:\n  (i) which has a GVWR of more than twenty-six thousand pounds; or\n  (ii) which has a GCWR of more than twenty-six thousand pounds,\nincluding any towed unit with a GVWR of more than ten thousand pounds;\nor\n  (iii) designed or used to transport fifteen or more passengers, in\naddition to the driver; or\n  (iv) defined as a bus in subdivision one of section five hundred\nnine-a of this chapter; or\n  (v) of any size, other than a farm vehicle operated within one hundred\nfifty miles of the operator's farm, used in the transportation of\nmaterials found by the United States secretary of transportation to be\nhazardous under the hazardous materials transportation act and which\nrequires the motor vehicle transporting such materials to be placarded\nunder the hazardous materials regulation, 49 CFR part 172, subpart F or\nis transporting any quantity of a material listed as a select agent or\ntoxin in 42 CFR part 73.\n  (b) However, a commercial motor vehicle shall not include: (i) a\npersonal use vehicle or a covered farm vehicle or a combination of such\nvehicles; (ii) any motor vehicle or combination of motor vehicles\noperated by a member of the armed forces for military purposes; (iii) a\npolice vehicle or fire vehicle, or combination of such vehicles during\nits use in an emergency operation as defined in section one hundred\nfourteen-b of this chapter, or in the performance of official duties, or\nactivities related to the execution of emergency governmental functions\npursuant to section 383.3 (d)(2) of title 49 of the code of federal\nregulations; (iv) a vehicle or combination of vehicles owned and\nidentified as being owned by the state or a political subdivision\nthereof or an ambulance service as defined in subdivision two of section\nthree thousand one of the public health law or a voluntary ambulance\nservice as defined in subdivision three of such section and used to\nprovide emergency medical service as defined in section three thousand\none of the public health law, or to perform official duties, or\nactivities related to the execution of emergency governmental functions\npursuant to section 383.3 (d)(2) of title 49 of the code of federal\nregulations; or (v) a vehicle or combination of vehicles which is\ndesigned and primarily used for purposes other than the transportation\nof persons or property and which is operated on a public highway only\noccasionally for the purpose of being transported to a construction or\noff-highway site at which its primary purpose is to be performed except\nas may otherwise be specifically provided by regulation of the\ncommissioner. For the purposes of this paragraph, the term "member of\nthe armed forces" shall include active duty military personnel; members\nof the reserve components of the armed forces; members of the national\nguard on active duty, including personnel on full time active guard\nduty, personnel on part-time national guard training, and national guard\nmilitary technicians (civilians who are required to wear military\nuniforms); and active duty United States coast guard personnel. The term\nshall not include United States reserve technicians. Notwithstanding the\nprovisions of section one hundred fourteen-b of this chapter, for the\npurposes of this paragraph, the term "emergency operation" shall include\nreturning from emergency service.\n  5. Representative vehicle. The type of motor vehicle or combination of\nvehicles specified by regulation of the commissioner that an applicant\nfor a driver's license must operate during a road test in order to\nreceive a specific class of license or endorsement.\n  6. Tank vehicle. Any commercial motor vehicle designed to transport\nany liquid or gaseous material within a tank or tanks having an\nindividual rated capacity of more than one hundred nineteen gallons and\nan aggregate rated capacity of one thousand gallons or more that is\neither permanently or temporarily attached to the vehicle or the\nchassis. Such term shall not include a commercial motor vehicle\ntransporting an empty storage container tank, not designed for\ntransportation, with a rated capacity of one thousand gallons or more\nthat is temporarily attached to a flatbed trailer.\n  7. Personal use vehicle. A vehicle constructed or altered to be used\nfor recreational purposes which is exclusively used to transport family\nmembers and/or personal possessions of such family members for\nnon-business recreational purposes by the operator, or a rental truck\nwhich is exclusively used to transport personal possessions of the\nperson who has rented the truck for non-business purposes.\n  8. Covered farm vehicle. (a) A vehicle or combination of vehicles\nregistered in this state, which (i) displays a covered farm vehicle\ndesignation issued by the commissioner, (ii) is operated by the owner or\noperator of a farm or ranch, or an employee or family member of an owner\nor operator of a farm or ranch, (iii) is used to transport agricultural\ncommodities, livestock, machinery or supplies to or from a farm or\nranch, (iv) is not used in for-hire motor carrier operations, exclusive\nof operation by a tenant pursuant to a crop share farm lease agreement\nto transport the landlord's portion of the crops under that agreement;\nand (v) is not used for the transportation of hazardous materials.\n  (b) A covered farm vehicle with a gross vehicle weight or gross\nvehicle weight rating, whichever is greater, of more than twenty-six\nthousand pounds may only be operated within one hundred fifty air miles\nof the farm or ranch.\n  (c) The commissioner shall, by regulation, designate an endorsement or\nendorsements for the operation of covered farm vehicles with a gross\nvehicle weight or gross vehicle weight rating of more than twenty-six\nthousand pounds. Such endorsement or endorsements shall be required to\noperate such a covered farm vehicle or combination of covered farm\nvehicles. The identification and scope of such endorsement or\nendorsements shall, at a minimum, include a distinction between the\noperation of a covered farm vehicle having a gross vehicle weight or\ngross vehicle weight rating of more than twenty-six thousand pounds and\nthe operation of a combination of covered farm vehicles having a gross\nvehicle weight or gross vehicle weight rating of more than twenty-six\nthousand pounds.\n  (d) For the purposes of this subdivision, the gross vehicle weight of\na vehicle shall mean the actual weight of the vehicle and the load.\n
N.Y. VAT Law § 502-A — New York Code / Act VAT / Title 5 / Article 19 / Section 502-A
Determination of weights applicable to license requirements
Status: in_force

§ 502-a. Determination of weights applicable to license requirements.\nThe applicability of the requirements relative to licensing as defined\nin this article shall, except when a commercial driver's license is\nrequired solely because the vehicle is transporting hazardous materials\nor passengers, be based upon the vehicle manufacturer's GVWR, the\nregistration weight of the vehicle or the actual weight of the vehicle\nand the load, whichever is greater, or with respect to passenger and\nlimited use automobiles shall be based upon the registration weight of\nthe automobile.\n
N.Y. ENV Law § 51-0507 — New York Code / Act ENV / Article 51 / Title 5 / Section 51-0507
Contracts for municipal air quality improvement projects
Status: in_force

§ 51-0507. Contracts for municipal air quality improvement projects.\n  1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities to undertake air quality improvement\nprojects, and any such municipality may enter into a contract with the\ncommissioner.  Any such contract may include such provisions as may be\nagreed upon by the parties thereto, and shall include, in substance, the\nfollowing provisions:\n  a. An estimate of the reasonable cost of the project as determined by\nthe commissioner;\n  b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction or following completion of construction as\nmay be agreed upon by the parties, an amount, not to exceed 50 percent\nof the cost of the project;\n  c. An agreement by the municipality\n  (1) to proceed expeditiously with, and complete, the project as\napproved by the commissioner,\n  (2) to operate and maintain the upgraded incinerator, furnace, or\nboiler in accordance with applicable law and rules and regulations, and,\nin the case of a project defined in paragraph b of subdivision one of\nsection 51-0503 of this title, the agreement shall include the\nprovisions contemplated by paragraph c of subdivision one of section\n51-0907 of this article,\n  (3) to apply for and make reasonable efforts to secure federal\nassistance, if any, for the project,\n  (4) to secure the approval of the commissioner before applying for\nsuch federal assistance, in order to maximize the amounts of such\nassistance received or to be received for all projects in New York\nstate,\n  (5) to provide for the payment of the municipality's share of the cost\nof the project;\n  d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment becomes available\nto the municipality, the amount of the state payment shall be\nrecalculated with the inclusion of such federal assistance and the\nmunicipality shall pay to the state the amount by which the state\npayment actually made exceeds the state payment determined by the\nrecalculation.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality.\nSuch records shall be retained by the commissioner and shall establish\nthe basis for recalculation of the state payment as required herein.\n
N.Y. RSS Law § 331 — New York Code / Act RSS / Article 8 / Title 5 / Section 331
Participation by public or quasi-public organizations
Status: in_force

§ 331. Participation by public or quasi-public organizations. a. Any\npublic or quasi-public organization which heretofore joined the New York\nstate and local employees' retirement system, on behalf of its police\nofficers and firefighters, shall on and after April first, nineteen\nhundred sixty-seven, participate, on behalf of such police officers and\nfirefighters, in the police and fire retirement system pursuant to the\nprovisions of this article.\n  b. On and after April first, nineteen hundred sixty-seven, any public\nor quasi-public organization created wholly or partly or deriving its\npowers by the legislature of the state and which organization employs\npolice officers and firefighters engaged in service to the public, by\nresolution legally adopted by its governing body and approved by the\ncomptroller, may elect to have its police officers and firefighters\nbecome eligible to participate in the New York state and local police\nand fire retirement system. Acceptance of the officers and employees of\nsuch an employer for membership in the New York state and local police\nand fire retirement system shall be optional with the comptroller. If he\nor she shall approve their participation, such organization, except as\nspecifically provided in this article to the contrary, shall thereafter\nbe treated as a participating employer. Notwithstanding the foregoing\nprovisions of this subdivision, The Long Island Rail Road Company, upon\nits election filed with the comptroller, shall participate in the New\nYork state and local police and fire retirement system with respect to\nLIRR police officers as defined in paragraph two of subdivision a of\nsection three hundred eighty-nine of this article who are referred to in\nparagraph three of subdivision b or in paragraph one of subdivision c of\nsection three hundred forty of this article, their benefits to be as\nprovided in or pursuant to such section three hundred eighty-nine,\nprovided that such election may only be made subsequent to the latest\ndate of the enactment of federal legislation or receipt of assurance or\nrelief from the relevant federal agency or agencies for all of the\nfollowing: removal of such LIRR police officers from coverage under the\nFederal Employers' Liability Act and the federal Railway Labor Act,\nremoval of such LIRR police officers from coverage under the federal\nRailroad Retirement Act and the federal Railroad Unemployment Insurance\nAct and exemption for such LIRR police officers and The Long Island\nRailroad Company from liability either for taxes under the federal\nRailroad Retirement Tax Act or the federal Railroad Unemployment\nRepayment Tax, and further provided that the authority for such election\nshall expire and be null and void if each such enactment or receipt is\nnot effected on or before June fifteenth, nineteen hundred ninety-six.\n  c. The officers and employees of such organization shall be credited\nwith such periods of prior service as shall be certified by their\nemployer for service rendered to it, or its predecessor, or the state,\nor in any other capacity approved by such employer and the comptroller.\nService for such employer after the date on which it commences to\nparticipate in the police and fire retirement system and on account of\nwhich such employer pays contributions shall be considered as member\nservice. An officer or employee of such employer who, as of the date he\nor she is so approved for membership in the police and fire retirement\nsystem, is already a member thereof, shall not have his or her total\ncredit reduced by such approval. Any reserve held on account of any such\nofficer or employee in the pension accumulation fund shall be used as an\noffset against the deficiency contribution payable thereafter by such\nemployer on account of such officer or employee for any prior service\ncredit and any such previous credit. Except as otherwise provided in\nthis article, a police officer or firefighter of such employer who, by\nreason of his or her service, is a member of any other governmental\nretirement system shall not participate in the police and fire\nretirement system on that part of his or her compensation so covered.\nThe term "governmental retirement system," as used in this subdivision,\nshall include any retirement system wholly or partly maintained by this\nstate, by a municipality of this state, by another state or political\nsubdivision thereof, by the United States government, or by any foreign\ncountry or political subdivision thereof.\n  The provision in subdivision b of this section limiting participation\nin the New York state police and fire retirement system by reason of\nmembership in another governmental retirement system shall not diminish\nor in any other way affect the prior or continual membership in the New\nYork state police and fire retirement system, or any rights or benefits\nheretofore or hereafter arising therefrom, of any officer or employee of\na public or quasi-public organization who (1) is in the service of such\nemployer at the time this act takes effect, or was in such service prior\nthereto, and (2) by reason of such service is or was a member of any\nretirement system maintained by the United States government.\n  d. An agreement, made by such an employer pursuant to this section, to\ncontribute on account of its officers and employees shall be\nirrevocable. In the event that such employer for any reason becomes\nfinancially unable to make the contributions required on account of its\nofficers and employees, it shall be deemed to be in default. A\ncertificate to such effect thereupon shall be sent by the comptroller to\nthe employer and to the state superintendent of financial services.\nEvery member of the police and fire retirement system, who was an\nofficer or employee of such employer at the time of default, upon demand\nmade within ninety days thereafter, shall be entitled to discontinue his\nor her membership in the police and fire retirement system and to a\nrefund of his or her accumulated contributions. As of a date ninety days\nfollowing the date of such certificate of default, the actuary of the\npolice and fire retirement system, by actuarial valuation, shall\ndetermine the amount of the reserves held on account of each active\nmember and pensioner of such employer. He or she shall credit to each\nsuch member and pensioner the amount of reserve so held. In the event\nsuch an active member does not discontinue his or her membership and\nthus become entitled to the refund of his or her accumulated\ncontributions, the reserve so credited, together with the amount of his\nor her accumulated contributions shall be used to provide him or her a\npaid up deferred annuity beginning at age sixty. The reserve of each\npensioner shall be used in providing such part of his or her existing\npension as the reserve so held will provide, which pension, together\nwith his or her annuity, shall thereafter be payable to him or her. The\nrights and privileges of both active members and pensioners of such\nemployer shall thereupon terminate except as to the payment of the\ndeferred annuities so provided for the previous active members and the\nannuities and the pensions, or parts thereof provided for the\npensioners.\n  e. Notwithstanding anything to the contrary, the police and fire\nretirement system shall not be liable for the payment of any pensions or\nother benefits on account of the officers, employees or pensioners of\nany employer under this section for which reserves have not been\npreviously created from funds contributed by such employer or its\nofficers or employees for such benefits. This provision shall not apply\nto any municipality which elected to participate in the retirement\nsystem under former section seventy-five-a of this law prior to July\nfirst, nineteen hundred forty-eight.\n
N.Y. PML Law § 1336 — New York Code / Act PML / Article 13 / Title 5 / Section 1336
Certain wagering prohibited
Status: in_force

§ 1336. Certain wagering prohibited. 1. It shall be unlawful for any\ncasino key employee licensee to wager in any gaming facility in this\nstate.\n  2. It shall be unlawful for any other employee of a gaming facility\nlicensee who, in the judgment of the commission, is directly involved\nwith the conduct of gaming operations, including but not limited to\ndealers, floor persons, box persons, security and surveillance\nemployees, to engage in gambling in any gaming facility in which the\nemployee is employed or in any other gaming facility in this state which\nis owned or operated by the gaming facility licensee or an affiliated\nlicensee.\n  3. The prohibition against wagering set forth in subdivisions one and\ntwo of this section shall continue for a period of thirty days\ncommencing upon the date that the employee either leaves employment with\na gaming facility licensee or is terminated from employment with a\ngaming facility licensee.\n
N.Y. RPT Law § 597 — New York Code / Act RPT / Article 5 / Title 5 / Section 597
Confidentiality
Status: in_force

§ 597. Confidentiality. Information submitted by producers to the\ncommissioner and to assessors pursuant to this title shall not be\nsubject to the provisions of article six of the public officers law (the\nfreedom of information law), and no person shall make known any such\ninformation submitted, except in an administrative or judicial\nproceeding to review a unit of production value or the assessment of an\noil or gas economic unit, after providing twenty days written notice to\nthe producer who submitted the information affording such producer with\nan opportunity to submit written grounds for any objection to such\ndisclosure.\n
N.Y. VAT Law § 550 — New York Code / Act VAT / Title 5 / Article 21-C / Section 550
Recertification
Status: in_force

§ 550. Recertification. A person who has had his or her escort\ncertificate cancelled shall not be eligible to reapply for an escort\ncertificate for a minimum period of six months from the date of such\ncancellation.\n
N.Y. PBA Law § 1500-D — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-D
Purpose and powers of the authority
Status: in_force

§ 1500-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to aquire, reconstruct, operate and maintain one or\nmore covered projects in the city. To carry out said purpose, the\nauthority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  4. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\ncovered projects;\n  5. With the consent of the city, to use agents, employees and\nfacilities of the city, paying to the city its agreed proportion of the\ncompensation or costs;\n  6. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  7. To appoint an attorney, who may be the corporation counsel of the\ncity, and to fix such attorney's compensation;\n  8. To make contracts and leases, and to execute all instruments\nnecessary for its corporate purpose;\n  9. To construct such buildings, structures and facilities as may be\nnecessary for its corporate purpose;\n  10. To reconstruct, improve, maintain, repair and operate the covered\nprojects;\n  11. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the city, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  12. To fix and collect rentals, fees and other charges for the use of\nthe covered projects subject to and in accordance with such agreements\nwith bondholders as may be made as hereinafter provided; and\n  13. To construct, operate or maintain in the covered projects all\nfacilities necessary or convenient in connection therewith; and to\ncontract for the construction, operation or maintenance of any parts\nthereof or for services to be performed; to rent parts thereof, and\ngrant concessions, all on such terms and conditions as it may determine;\nprovided however, that neither the authority, the city or any agency of\nthe authority or city, or any other person, firm or corporation shall,\nwithin or on any property comprising a part of any covered project\nauthorized by this title, sell, dispense or otherwise handle any product\nused in or for the servicing of any motor vehicle using any project or\nfacility authorized by this title, and provided further that the\nlocation of sites of the covered projects shall be subject to the prior\napproval of the planning board and common council of the city.\n
N.Y. ENV Law § 13-0501 — New York Code / Act ENV / Article 13 / Title 5 / Section 13-0501
Marine and coastal district of New York conservation, education, and research grants program
Status: in_force

§ 13-0501. Marine and coastal district of New York conservation,\n                 education, and research grants program.\n  1. There is hereby created within the department the marine and\ncoastal district of New York conservation, education, and research\ngrants program. The program shall make grants available to eligible\nrecipients for conservation, research, and education projects relating\nto such marine and coastal district. For purposes of this title, the\nterm "eligible recipients" shall mean not-for-profit corporations\nlocated within New York state whose purpose is to promote sport fishing,\nincrease participation in recreational angling, increase public\nawareness and appreciation of aquatic natural resources, encourage\nconservation of fisheries resources, or promote research relating to the\nmarine and coastal district of New York.\n  2. The grants program may include funding for programs containing\nelements such as, but not limited to, the following:\n  (a) educational programs which raise public awareness and appreciation\nof the need for protecting, conserving, and restoring the state of New\nYork's aquatic natural resources.\n  (b) research relating to the marine and coastal district of New York.\n  (c) production of informational materials in print, audio, video,\nelectronic, or other media.\n  (d) production and distribution of exhibits, public service\nannouncements, and advertisements.\n  (e) programs which promote angling and sport fishing through\ninformation and/or training.\n  3. The commissioner may accept grants from public or private sources\nfor the program. Any such monies shall be deposited in the marine and\ncoastal district of New York conservation, education, and research fund\nestablished pursuant to section ninety-five-c of the state finance law.\nThe commissioner, in administering this section, shall seek to\ncoordinate the program with other public and private efforts, and may\nundertake joint or cooperative programs with other public or private\nentities.\n  4. The commissioner shall make rules and regulations necessary and\nappropriate for the implementation of this section.\n
N.Y. VAT Law § 509-I — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-I
Notification of a conviction resulting from a violation of this chapter in this state or a motor vehicle conviction in another state and ...
Status: in_force

§ 509-i. Notification of a conviction resulting from a violation of\nthis chapter in this state or a motor vehicle conviction in another\nstate and license revocation. 1. A driver who receives a notice that his\nor her license, permit or privilege to operate a motor vehicle has been\nrevoked, suspended or withdrawn or who is convicted of a violation of\nsuch provisions of this chapter as shall constitute a misdemeanor or a\nfelony in any jurisdiction shall notify the motor carrier that employs\nsuch person of the contents of the notice before the end of the business\nday following the day he or she received it. A driver who fails to\nnotify his or her employer of such suspension, revocation or conviction\nof a violation of such provisions of this chapter as shall constitute a\nmisdemeanor or a felony shall be subject to a five (5) working day\nsuspension, or a suspension equivalent to the number of working days\nsuch driver was not in compliance with this article, whichever is\nlonger.\n  1-a. A driver who is convicted of a traffic infraction in any\njurisdiction shall notify his or her employer within five (5) working\ndays from the date of conviction. A driver who fails to notify his or\nher employer of such conviction within the five (5) working day period\nshall be subject to a five (5) working day suspension; provided,\nhowever, that a first such infraction occurring on or before September\nsixteenth, nineteen hundred eighty-six, shall not subject such violator\nto the said suspension.\n  1-b. A driver who is involved in an accident of a nature or type set\nforth in section five hundred nine-a of this article in any jurisdiction\nshall notify his or her employer within five working days from the date\nof the accident. A driver who fails to notify his or her employer of\nsuch accident within the five working day period shall be subject to a\nfive working day suspension.\n  2. Any driver who is convicted of an offense listed in section five\nhundred nine-c of this article that would disqualify such driver from\noperating a bus shall provide notice of such conviction in writing by\nthe following business day to the motor carrier that employs such\nperson. The motor carrier shall not permit any driver who fails to\nprovide such notice to operate a bus.\n  3. The commissioner upon receipt of information that a driver's\nlicense, permit or privilege to operate a motor vehicle has been\nrevoked, suspended or withdrawn in this state or elsewhere shall notify\nall motor carriers who have notified the commissioner of the employment\nof such driver; and may, if requested by a political subdivision which\ncontracts with a motor carrier for the transportation of school\nchildren, provide such notice to the political subdivision.\n  4. In addition to the requirements of subdivision three of this\nsection, the commissioner shall notify the motor carrier of any\nconviction for any traffic violation or accident resulting from\noperation of a motor vehicle against a bus driver employed by the motor\ncarrier, shall require payment of the fee necessary to defray the cost\nof the notification, and shall require all motor carriers to establish\nan escrow account with the department which shall be used to pay for the\ncosts incurred by the department when it informs the motor carrier of a\ndriver's conviction or accident; and may, if requested by a political\nsubdivision which contracts with a motor carrier for the transportation\nof school children, provide such notice to the political subdivision.\n
N.Y. PBA Law § 908 — New York Code / Act PBA / Article 4 / Title 5 / Section 908
State and county not liable on authority bonds
Status: in_force

§ 908. State and county not liable on authority bonds. 1. The state\nshall not be liable on the bonds or notes of the authority and such\nbonds or notes shall not be a debt of the state, and such bonds and\nnotes shall contain on the face thereof a statement to such effect.\n  2. The county shall not be liable on the bonds or notes of the\nauthority and such bonds or notes shall not be a debt of the county, and\nsuch bonds and notes shall contain on the face thereof a statement to\nsuch effect or a statement describing the county liability thereon, if\nany.\n
N.Y. VAT Law § 510-C — New York Code / Act VAT / Title 5 / Article 20 / Section 510-C
Suspension and revocation of learner's permits and driver's licenses for violations committed by holders of class DJ or class MJ learner'...
Status: in_force

§ 510-c. Suspension and revocation of learner's permits and driver's\nlicenses for violations committed by holders of class DJ or class MJ\nlearner's permits or licenses. 1. (a) A learner's permit or a driver's\nlicense shall be suspended for a period of sixty days:\n  (i) upon a conviction or finding of a serious traffic violation as\ndefined in subdivision two of this section, when such violation was\ncommitted while the holder had a class DJ or class MJ learner's permit\nor a class DJ or MJ license; or\n  (ii) upon the second conviction or finding of such permit or license\nholder of a violation of any other provision of this chapter or any\nother law, ordinance, order, rule or regulation relating to traffic, and\nwhen such violation was committed while such holder had a class DJ or\nclass MJ learner's permit or a class DJ or MJ license.\n  (b) A learner's permit or a driver's license shall be revoked for a\nperiod of sixty days upon the conviction or finding of the permit or\nlicense holder of a violation or violations, committed within six months\nafter the restoration of such permit or license suspended pursuant to\nparagraph (a) of this subdivision, which convictions or findings would\nresult in the suspension of such permit or license pursuant to paragraph\n(a) of this subdivision.\n  2. For purposes of this section, the term "serious traffic violation"\nshall mean operating a motor vehicle in violation of any of the\nfollowing provisions of this chapter: articles twenty-five and\ntwenty-six; subdivision one of section six hundred; section six hundred\none; sections eleven hundred eleven, eleven hundred seventy, eleven\nhundred seventy-two and eleven hundred seventy-four; subdivisions (a),\n(b), (c), (d) and (f) of section eleven hundred eighty, provided that\nthe violation involved ten or more miles per hour over the established\nlimit; section eleven hundred eighty-two; subdivision three-a of section\ntwelve hundred twenty-nine-c for violations involving use of safety\nbelts or seats by a child under the age of sixteen; and section twelve\nhundred twelve of this chapter.\n  3. Any suspension or revocation required for a violation of section\ntwelve hundred twenty-five-c or section twelve hundred twenty-five-d of\nthis chapter shall be subject to the provisions of subdivisions two and\nsix of section five hundred ten of this article.\n
N.Y. BNK Law § 5007 — New York Code / Act BNK / Article 15 / Title 5 / Section 5007
Certificates representing shares
Status: in_force

§ 5007. Certificates representing shares. 1. The shares of a\ncorporation shall be represented by certificates or shall be\nuncertificated shares.  Certificates shall be signed by the chairman or\na vice-chairman of the board or the president or a vice-president and\nthe secretary or an assistant secretary or, in the case of a corporation\nwhich does not have a secretary or an assistant secretary, by the\ncashier or an assistant cashier, or the treasurer or an assistant\ntreasurer of the corporation, and may be sealed with the seal of the\ncorporation or a facsimile thereof. The signatures of the officers upon\na certificate may be facsimiles if (i) the shares are listed on a\nregistered national security exchange, or (ii) the certificate is\ncountersigned by a transfer agent or registered by a registrar which,\nunless the corporation is a trust company, shall be a person other than\nthe corporation itself or its employee. In case any officer who has\nsigned or whose facsimile signature has been placed upon a certificate\nshall have ceased to be such officer before such certificate is issued,\nit may be issued by the corporation with the same effect as if he or she\nwere such officer at the date of issue.\n  2. Each certificate representing shares issued by a corporation which\nis authorized to issue shares of more than one class shall set forth\nupon the face or back of the certificate, or shall state that the\ncorporation will furnish to any stockholder upon request and without\ncharge, a full statement of the designation, relative rights,\npreferences and limitations of the shares of each class authorized to be\nissued and, if the corporation is authorized to issue any class of\npreferred shares in series, the designation, relative rights,\npreferences and limitations of each such series so far as the same have\nbeen fixed and the authority of the board to designate and fix the\nrelative rights, preferences and limitations of other series.\n  3. Each certificate representing shares shall when issued state upon\nthe face thereof:\n  (a) That the corporation is formed under the laws of this state.\n  (b) The name of the person or persons to whom issued.\n  (c) The number and class of shares, and the designation of the series,\nif any, which such certificate represents.\n  (d) The par value of each share represented by such certificate.\n  4. Shares shall be transferable in the manner provided by law and in\nthe by-laws.\n  5. The corporation may issue a new certificate for shares in place of\nany certificate theretofore issued by it, alleged to have been lost or\ndestroyed, and the board may require the owner of the lost or destroyed\ncertificate, or his legal representative, to give the corporation a bond\nsufficient to indemnify the corporation against any claim that may be\nmade against it on account of the alleged loss or destruction of any\nsuch certificate or the issuance of any such new certificate.\n  6. Unless otherwise provided by the articles of incorporation or\nby-laws, the board of directors of a corporation may provide by\nresolution that some or all of any or all classes and series of its\nshares shall be uncertificated shares, provided that such resolution\nshall not apply to shares represented by a certificate until such\ncertificate is surrendered to the corporation. Within a reasonable time\nafter the issuance or transfer of uncertificated shares, the corporation\nshall send to the registered owner thereof a written notice containing\nthe information required to be set forth or stated on certificates\npursuant to subdivisions two and three of this section. Except as\notherwise expressly provided by law, the rights and obligations of the\nholders of uncertificated shares and the rights and obligations of the\nholders of certificated shares and the rights and obligations of the\nholders of certificates representing shares of the same class and series\nshall be identical.\n
N.Y. GOB Law § 5-525 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-525
Interest charged by a registered broker or dealer for carrying debit balances
Status: in_force

§ 5-525. Interest charged by a registered broker or dealer for\ncarrying debit balances. Interest charged by a broker or dealer\nregistered under the securities exchange act of nineteen hundred\nthirty-four, as amended, for carrying a debit balance including a debit\nbalance arising out of a non-purpose loan, in an account for a customer\nshall not be subject to the limitations of this title, including the\nlimitations contained in subdivision two of section 5-527 of this title,\nif such debit balance is payable on demand and secured by securities or\ncommodities upon which credit can be extended by a broker or dealer, and\nif, on the date when the interest is charged or accrued, such interest\nis not greater than eight percentage points above the prime rate. For\nthe purposes of this section, the prime rate shall equal the average\nprime rate on short term business loans which is published by the board\nof governors of the federal reserve system for the most recent week\nwhich was publicly available from the board of governors of the federal\nreserve system on the previous business day.\n
N.Y. VAT Law § 509-B — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-B
Qualifications of bus drivers
Status: in_force

§ 509-b. Qualifications of bus drivers. Notwithstanding any other\nprovision of law, a person shall be qualified to operate a bus only if\nsuch person:\n  (1) is at least eighteen years old;\n  (2) has been issued a currently valid driver's license or permit which\nis valid for the operation of the bus in this state;\n  (3) has passed the bus driver physical examination administered\npursuant to regulations established by the commissioner; and\n  (4) is not disqualified to drive a motor vehicle pursuant to section\nfive hundred nine-c or any other provision of this article.\n
N.Y. ENV Law § 17-0511 — New York Code / Act ENV / Article 17 / Title 5 / Section 17-0511
Restrictions on discharge of sewage, industrial waste or other wastes
Status: in_force

§ 17-0511. Restrictions on discharge of sewage, industrial waste or\n             other wastes.\n  The use of existing or new outlets or point sources, which discharge\nsewage, industrial waste or other wastes into waters of this state is\nprohibited unless such use is in compliance with all standards,\ncriteria, limitations, rules and regulations promulgated or applied by\nthe department pursuant to this article.\n
N.Y. PBA Law § 1500-O — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-O
Tax contract by the state
Status: in_force

§ 1500-o. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes,\nthat the bonds and notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes shall at all times be\nfree from taxation except for estate or gift taxes and taxes on\ntransfers.\n
N.Y. VAT Law § 501 — New York Code / Act VAT / Title 5 / Article 19 / Section 501
Drivers' licenses and learners' permits
Status: in_force

§ 501. Drivers' licenses and learners' permits. 1. The commissioner\nshall issue classified drivers' licenses as provided in this article.\nAny such license shall be valid only for the operation of the type of\nvehicles specified for each such class of license but shall not be valid\nfor the operation of any type of vehicle for which an endorsement is\nrequired by this section or regulations promulgated hereunder unless the\nlicense contains such endorsement and shall be subject to any\nrestrictions contained thereon.\n  2. Driver license classifications, endorsements and restrictions and\nexceptions. (a) License classifications. (i) Class A. Such license shall\nbe valid to operate any motor vehicle or any combination of vehicles\nexcept it shall not be valid to operate a motorcycle other than a class\nB or C limited use motorcycle.\n  (ii) Class B. Such license shall be valid to operate any vehicle or\ncombination of vehicles which may be operated with a class E license and\nshall be valid to operate any motor vehicle or any such vehicle, other\nthan a tractor, towing a vehicle having a GVWR of not more than ten\nthousand pounds and shall be valid to operate any altered motor vehicle\ncommonly referred to as a "stretch limousine" having a seating capacity\nof nine or more passengers including the driver except it shall not be\nvalid to operate a motorcycle other than a class B or C limited use\nmotorcycle.\n  (iii) Class C. Such license shall be valid to operate any vehicle or\ncombination of vehicles which may be operated with a class E license and\nshall be valid to operate any motor vehicle with a GVWR of not more than\ntwenty-six thousand pounds and any such vehicle towing another vehicle\nwith a GVWR of not more than ten thousand pounds except it shall not be\nvalid to operate a tractor or a motorcycle other than a class B or C\nlimited use motorcycle.\n  (iv) Class D. Such license shall be valid to operate any passenger or\nlimited use automobile or any truck with a GVWR of not more than\ntwenty-six thousand pounds or any such vehicle towing a vehicle with a\nGVWR of not more than ten thousand pounds, or any such vehicle towing\nanother vehicle with a GVWR of more than ten thousand pounds provided\nsuch combination of vehicles has a GCWR of not more than twenty-six\nthousand pounds, or any personal use vehicle with a GVWR of not more\nthan twenty-six thousand pounds or any such vehicle towing a vehicle\nwith a GVWR of not more than ten thousand pounds, except it shall not be\nvalid to operate a tractor, a motorcycle other than a class B or C\nlimited use motorcycle, a vehicle used to transport passengers for hire\nor for which a hazardous materials endorsement is required, or a vehicle\ndefined as a bus in subdivision one of section five hundred nine-a of\nthis title. Such license also shall be valid to operate a three-wheeled\nmotor vehicle that has two wheels situated in the front and one wheel in\nthe rear, has a steering mechanism and seating which does not require\nthe operator to straddle or sit astride, is equipped with safety belts\nfor all occupants and is manufactured to comply with federal motor\nvehicle safety standards for motorcycles including, but not limited to,\n49 C.F.R. part 571.\n  (v) Class E. Such license shall be valid to operate only vehicles\nwhich may be operated with a class D license, except that in addition it\nshall be valid to operate any such motor vehicle, other than a vehicle\ndefined as a bus in subdivision one of section five hundred nine-a of\nthis chapter, used to transport up to fourteen passengers for hire and\nother than an altered motor vehicle commonly referred to as a "stretch\nlimousine" having a seating capacity of nine or more passengers\nincluding the driver.\n  (vi) Class DJ. Such license shall be valid to operate only vehicles\nwhich may be operated with a class D license by a person under eighteen\nyears of age, except it shall not be valid to operate a motor vehicle\nwith an unladen weight or a GVWR of more than ten thousand pounds or any\nmotor vehicle towing another vehicle with an unladen weight or GVWR of\nmore than three thousand pounds. Such license shall automatically become\na class D license when the holder becomes eighteen years of age.\n  (vii) Class M. Such license shall be valid to operate any motorcycle,\nor any motorcycle, other than a limited use motorcycle, towing a\ntrailer. Such license also shall be valid to operate a three-wheeled\nmotor vehicle that has two wheels situated in the front and one wheel in\nthe rear, has a steering mechanism and seating which does not require\nthe operator to straddle or sit astride, is equipped with safety belts\nfor all occupants and is manufactured to comply with federal motor\nvehicle safety standards for motorcycles including, but not limited to,\n49 C.F.R. part 571.\n  (viii) Class MJ. Such license shall be valid to operate any motorcycle\nor limited use motorcycle by a person under eighteen years of age. Such\nlicense shall automatically become a class M license when the holder\nbecomes eighteen years of age.\n  (b) Endorsements. The following endorsements shall be required to\noperate vehicles as set forth herein. In addition the commissioner by\nregulation may provide for further endorsements.\n  (i) T endorsement. Shall be required to operate double and triple\ntrailers.\n  (ii) H endorsement. Shall be required to transport hazardous materials\nas defined in section one hundred three of the hazardous materials\ntransportation act, public law 93-633, title I, when the vehicle\ntransporting such materials is required to be placarded under the\nhazardous materials regulation, 49 CFR part 172, subpart F or is\ntransporting any quantity of material listed as a select agent or toxin\nin 42 CFR part 73. An applicant for a commercial driver's license in\nthis state who wishes to transport hazardous materials must obtain a New\nYork state hazardous materials endorsement even if such applicant holds\na valid hazardous materials endorsement issued by another state. A farm\nvehicle shall be exempt from the requirement for such endorsement when\ntransporting hazardous materials within one hundred fifty miles of the\nperson's farm. However, a separate non-commercial endorsement shall be\nrequired for such exempted transportation. In order to obtain such\nendorsement, the license holder must submit fingerprints for purposes of\na criminal history record check pursuant to subdivision six of this\nsection.\n  (iii) N endorsement. Shall be required to operate tank vehicles.\n  (iv) P endorsement. Shall be required to operate a bus as defined in\nsections one hundred four and five hundred nine-a of this chapter, any\naltered motor vehicle commonly referred to as a "stretch limousine"\nhaving a seating capacity of nine or more passengers including the\ndriver or any motor vehicle with a gross vehicle weight or gross vehicle\nweight rating of more than twenty-six thousand pounds which is designed\nto transport passengers in commerce. For the purposes of this\nsubparagraph the gross vehicle weight of a vehicle shall mean the actual\nweight of the vehicle and the load.\n  (v) X endorsement. Shall be an endorsement combining H and N\nendorsements.\n  (vii) Personal use vehicle endorsement. Shall be required to operate a\npersonal use vehicle or a combination of personal use vehicles which may\nnot be operated with a class C, D or E license. The identification and\nscope of any such endorsement or endorsements shall be as prescribed by\nregulation of the commissioner, but no such endorsement shall permit the\noperation of a rental truck towing a vehicle with a GVWR of more than\nten thousand pounds.\n  (viii) W endorsement. Shall be required to operate a tow truck.\n  (ix) Metal coil endorsement. Shall be required to operate any\ncommercial motor vehicle, as defined in subdivision four of section five\nhundred one-a of this article, carrying metal coils. The identification\nand scope of such endorsement shall be as prescribed by regulation of\nthe commissioner.\n  (x) S endorsement. Shall be required to operate a school bus, as\ndefined in section one hundred forty-two of this chapter, which is\ndesigned or used to transport fifteen or more passengers.\n  (c) Restrictions. Notwithstanding the foregoing provisions of this\nsubdivision, the operation of vehicles may be limited by a restriction\nor restrictions placed on a license. The following restrictions may be\nissued by the commissioner based upon the representative vehicle in\nwhich the road test was taken, or if the license is issued based on\ndriving experience, the vehicle in which the experience was gained. In\naddition, the commissioner may by regulation provide for additional\nrestrictions based upon other types of vehicles or other factors deemed\nappropriate by the commissioner.\n  (i) A restriction prohibiting the operation of a vehicle with air\nbrakes.\n  (ii) A restriction limiting the operation of a combination of vehicles\nto truck-trailer combinations.\n  (iii) A restriction limiting operation to vehicles of not more than a\nspecified GVWR.\n  (d) Exceptions. (i) Notwithstanding the foregoing provisions of this\nsubdivision, a motor vehicle or combination of vehicles, other than a\nmotorcycle, that is (A) a military vehicle operated by a member of the\narmed forces, or (B) a police vehicle or fire vehicle during its use in\nan emergency operation as defined in section one hundred fourteen-b of\nthis chapter, or in the performance of official duties, or activities\nrelated to the execution of emergency governmental functions pursuant to\nsection 383.3 (d)(2) of title 49 of the code of federal regulations, or\n(C) a vehicle owned and identified as being owned by the state or a\npolitical subdivision thereof or an ambulance service as defined in\nsubdivision two of section three thousand one of the public health law\nor a voluntary ambulance service as defined in subdivision three of such\nsection and used to provide emergency medical service as defined in\nsection three thousand one of the public health law, or to perform\nofficial duties, or activities related to the execution of emergency\ngovernmental functions pursuant to section 383.3 (d)(2) of title 49 of\nthe code of federal regulations, may be operated with any class license\nother than a class DJ, M or MJ license. For the purposes of this\nparagraph the term "member of the armed forces" shall include active\nduty military personnel; members of the reserve components of the armed\nforces; members of the national guard on active duty, including\npersonnel on full time active guard duty, personnel on part-time\nnational guard training, and national guard military technicians\n(civilians who are required to wear military uniforms); and active duty\nUnited States coast guard personnel. The term shall not include United\nStates reserve technicians. Notwithstanding the provisions of section\none hundred fourteen-b of this chapter, for the purposes of this\nsubparagraph, the term "emergency operation" shall include returning\nfrom emergency service.\n  (ii) Notwithstanding the foregoing provisions of this subdivision, a\nmotor vehicle or combination of vehicles which is designed and primarily\nused for purposes other than the transportation of persons or property\nwhich is excluded from the definition of commercial motor vehicle\npursuant to the provisions of subparagraph (iv) of paragraph (a) of\nsubdivision four of section five hundred one-a of this chapter may be\noperated with any class license other than a class DJ, M or MJ license.\n  3. Restrictions on use of class DJ and class MJ licenses. A class DJ\nor class MJ license shall permit the holder to operate a vehicle in\naccordance with the following restrictions:\n  (a) in the counties of Nassau and Suffolk:\n  (i) for the purpose of driving to and from a state-approved\ncooperative work-study educational program, or to or from an approved\nprogram for credit in a post-secondary institution, or to or from a\nstate-approved registered evening high school or while engaged in farm\nemployment, or to or from an approved driver education course; or\n  (ii) from five o'clock in the morning to nine o'clock in the evening,\nto and from a place of business where the holder is regularly employed,\nor when accompanied by a duly licensed parent, guardian, person in a\nposition of loco parentis, driver education teacher, or driving school\ninstructor.\n  (b) in all other areas of the state, except for the city of New York:\n  (i) from five o'clock in the morning to nine o'clock in the evening;\nor\n  (ii) from nine o'clock in the evening to five o'clock in the morning\nwhen going to or from school, or to or from a place of business where\nthe holder is employed on a regularly scheduled basis, or when\naccompanied by a duly licensed parent, guardian or one in a position of\nloco parentis to the licensee.\n  (c) in the city of New York, driving shall be prohibited.\n  (d) for the purpose of this subdivision, the term "school" shall mean\ninstruction, education or training licensed or approved by a department\nor agency of the state or training conducted by the armed forces of the\nUnited States except it shall not include extra-curricular activities or\nsocial events for which scholastic credits are not given.\n  (e) any person operating a motor vehicle to or from school or to or\nfrom a place of business as authorized by this subdivision must possess\ndocumentation signed by such person's instructor or employer. The\ncommissioner shall, by regulation, prescribe the form and content of\nsuch documentation.\n  4. Probationary licenses. Any driver's license, other than a class DJ\nand class MJ license, shall be considered probationary until the\nexpiration of six months following the date of issuance thereof, and\nthereafter as provided in section five hundred ten-b of this title, but\nthis subdivision shall not apply to renewals of a license, or, unless so\nprovided by the commissioner, to a license for which a road test has\nbeen waived by the commissioner.\n  5. Learners' permits. (a) The commissioner shall issue learner's\npermits as provided in this article. Such permit shall be valid only\n  (i) for the operation of a motor vehicle of a type which could be\noperated by the holder of the class of license for which application is\nbeing made;\n  (ii) when the holder is under the immediate supervision and control of\na person at least twenty-one years of age who holds a license valid in\nthis state for the operation of the type of vehicle being operated; and\n  (iii) in accordance with any additional restrictions prescribed by the\ncommissioner and noted on such permit.\n  (b) In addition to the restrictions contained in paragraph (a) of this\nsubdivision, a learner's permit issued to a person applying for a class\nDJ or class MJ license shall be subject to the restrictions contained in\nsection five hundred one-b of this article and shall not be valid for\nthe operation of any motor vehicle:\n  (i) within the city of New York, except that the holder of such permit\nmay operate a motor vehicle within the city of New York from five\no'clock in the morning to nine o'clock in the evening when such person\nis under the immediate supervision and control of a person at least\ntwenty-one years of age who is such holder's parent, guardian, person in\na position of loco parentis, driver education teacher for the purpose of\ncertification pursuant to section eight hundred six-a of the education\nlaw or driving school instructor for the purpose of certification\npursuant to subdivision seven-a of section three hundred ninety-four of\nthis chapter and such vehicle is equipped with dual controls as\nprescribed by the commissioner;\n  (ii) in the counties of Nassau and Suffolk, except that the holder of\nsuch permit may operate a motor vehicle within the counties of Nassau\nand Suffolk from five o'clock in the morning to nine o'clock in the\nevening when such person is under the immediate supervision and control\nof a person at least twenty-one years of age who is such holder's\nlicensed parent, guardian, person in a position of loco parentis, driver\neducation teacher for the purpose of certification pursuant to section\neight hundred six-a of the education law, or driving school instructor\nfor the purpose of certification pursuant to subdivision seven-a of\nsection three hundred ninety-four of this chapter, or a person at least\ntwenty-one years of age who holds a license valid in this state for the\noperation of the type of vehicle being operated, for the purpose of\ncertification pursuant to subdivision two of section five hundred two of\nthis article, and who has been designated by such holder's parent,\nguardian or person in a position of loco parentis to accompany such\nholder, as evidenced by a written statement to that effect;\n  (iii) from nine o'clock in the evening to five o'clock in the morning,\nunless the holder of such permit is under the immediate supervision and\ncontrol of a person at least twenty-one years of age who is such\nholder's licensed parent, guardian, person in a position of loco\nparentis, driver education teacher for the purpose of certification\npursuant to section eight hundred six-a of the education law, or driving\nschool instructor for the purpose of certification pursuant to\nsubdivision seven-a of section three hundred ninety-four of this\nchapter.\n  (c) The restrictions contained in paragraphs (a) and (b) of this\nsubdivision shall apply to a learner's permit which has been issued to a\nperson who has made application for a class M or class MJ license,\nexcept that the required supervising driver need exercise only general\nsupervision and control over the learner as prescribed by regulation of\nthe commissioner when the learner is operating a motorcycle, provided,\nhowever, a person who possesses a learner's permit and who has made\napplication for a class M or class MJ license, shall not operate a\nmotorcycle while there is another person on such motorcycle unless such\nother person possesses a valid class M license.\n  6. H endorsement criminal history record check. Upon receipt of an\napplication and completion of all other requirements imposed by the\ncommissioner for an H endorsement to permit the operator to transport\nhazardous materials as defined in section one hundred three of the\nhazardous materials transportation act, public law 93-633, title I, when\nthe vehicle transporting such materials is required to be placarded\nunder the hazardous materials regulation, 49 CFR part 172, subpart F, or\nis transporting any quantity of material listed as a select agent or\ntoxin in 42 CFR part 73, the commissioner, subject to the rules and\nregulations of the division of criminal justice services, shall initiate\na criminal history record check of the person making the application.\nThe commissioner shall obtain from each applicant two sets of\nfingerprints and the division of criminal justice services processing\nfee imposed pursuant to subdivision eight-a of section eight hundred\nthirty-seven of the executive law and any fee imposed by the federal\nbureau of investigation. The commissioner shall promptly transmit such\nfingerprints and fees to the division of criminal justice services for\nprocessing. The federal bureau of investigation and the division of\ncriminal justice services shall forward such criminal history record, if\nany, to the commissioner. All such criminal history records processed\nand sent pursuant to this section shall be confidential pursuant to the\napplicable federal and state laws, rules and regulations, and shall not\nbe published or in any way disclosed to persons other than authorized\npersonnel, unless otherwise authorized by law. No cause of action\nagainst the commissioner, the department or the division of criminal\njustice services for damages related to the dissemination of criminal\nhistory records pursuant to this section shall exist when the\ncommissioner, department or division of criminal justice services has\nreasonably and in good faith relied upon the accuracy and completeness\nof criminal history information furnished to it by qualified agencies.\nThe provision of such information by the division of criminal justice\nservices shall be subject to the provisions of subdivision sixteen of\nsection two hundred ninety-six of the executive law. The consideration\nof such criminal history record by the commissioner shall be subject to\narticle twenty-three-A of the correction law. The commissioner shall\nreview such criminal history record for a conviction within the previous\nten years for: (i) any violent felony offense, as defined in section\n70.02 of the penal law; or (ii) any felony defined in article one\nhundred twenty, one hundred twenty-five, one hundred thirty, one hundred\nthirty-five, one hundred forty, one hundred forty-five, one hundred\nfifty, one hundred fifty-five, one hundred sixty, one hundred seventy,\none hundred seventy-five, two hundred, two hundred ten, two hundred\ntwenty, two hundred twenty-one, two hundred forty, two hundred\nsixty-five, four hundred sixty, four hundred seventy, four hundred\neighty-five, or four hundred ninety of the penal law or section\nfifty-three-e of the railroad law; or (iii) any offense in another\njurisdiction which includes all of the essential elements of such\noffenses described in paragraphs (i) and (ii) of this subdivision and\nfor which a sentence of imprisonment for more than one year was\nauthorized in the other jurisdiction and is authorized in this state,\nregardless of whether such sentence was imposed; or any of the following\nfederal offenses: improper transportation of a hazardous material, as\ndefined in 49 U.S.C. 46312, conveying false information or threats, as\ndefined in 49 U.S.C. 46507, espionage, as defined in 18 U.S.C. 793, 794\nor 3077, sedition, as defined in 18 U.S.C. 2384, 2385 or section 4 of\nthe subversive activities control act of 1950, treason, as defined in 18\nU.S.C. 2381 or conspiracy or solicitation, as defined in 18 U.S.C. 371\nor 373; or (iv) an attempt or conspiracy to commit any of the offenses\nspecified in paragraphs (i), (ii), or (iii) of this subdivision. In\ncalculating such ten year period, any period of time during which the\nperson was incarcerated for any reason between the time of commission of\nthe previous felony and the time of commission of the present felony\nshall be excluded and such ten year period shall be extended by a period\nor periods equal to the time served under such incarceration. After\nreceipt of a criminal history record from the division of criminal\njustice services, if any, and review of such record, the commissioner\nshall promptly notify the applicant whether he or she will be granted an\nH endorsement based upon the applicant's criminal history and promptly\nnotify such applicant of the determination and the procedure for\nrequesting a hearing pursuant to this subdivision. If the commissioner\ndenies an applicant an H endorsement based either in whole or in part on\nsuch applicant's criminal record, the commissioner must notify such\napplicant of the basis for such denial, and afford such applicant notice\nand an opportunity to be heard and offer proof in opposition to such\ndetermination. If the applicant requests a hearing to contest the\ncommissioner's determination, such hearing must be requested no later\nthan thirty days after the applicant's receipt of the determination and\nmust be scheduled by the commissioner within sixty days of such request.\nUpon request and pursuant to the rules and regulations of the division\nof criminal justice services, any applicant may obtain, review and seek\ncorrection of his or her criminal history record.\n
N.Y. SOS Law § 87 — New York Code / Act SOS / Article 3 / Title 5 / Section 87
Special funds
Status: in_force

§ 87.  Special funds. 1.  When a county commissioner shall receive any\nmoney as guardian of a minor or to be used for some particular person or\npurpose, he shall deposit it with the county treasurer, who shall keep\nsuch money in a special account to be drawn on by the county\ncommissioner for the person or purpose designated.\n  2.  When a town social services officer shall receive such money he\nshall deposit it in a bank approved by the town supervisor to be drawn\non by the town social services officer and the town supervisor jointly\nfor the person or purpose designated.\n  3.  When a city commissioner of social services shall receive such\nmoney, he shall deposit it with the official having charge of the funds\nof such city, who shall keep it either in a separate account to be\nrequisitioned by the city commissioner or in one or more common trust\nfunds established and maintained pursuant to the charter of such city.\n
N.Y. RPT Law § 981 — New York Code / Act RPT / Article 9 / Title 5 / Section 981
Tax statements to include notice of arrears
Status: in_force

§ 981. Tax statements to include notice of arrears. 1. Notwithstanding\nany general, special or local law, if at the time of the preparation of\na statement of taxes, the real property to which the statement relates\nis subject to a delinquent tax, the statement of taxes shall include a\nlegend in substantially the following form:\n    "Taxes from one or more prior levies remained due and owing when\n    this statement of taxes was prepared. Payment of the arrears\n    should be made to (insert name, address and telephone number of\n    the enforcing officer, or, if the delinquent tax lien has been\n    sold pursuant to title five of article eleven of this chapter,\n    insert name, address and telephone number of the purchaser or\n    its collection agent). To determine the amount in arrears,\n    contact that office. Continued failure to pay all of the taxes\n    levied against the property will result in your loss of the\n    property."\n  2. Upon the request of the collecting officer, a list identifying the\nparcels to which this provision applies shall be furnished annually to\nthe collecting officer by the enforcing officer, as defined by section\neleven hundred two of this chapter, no later than the thirtieth day\nprior to the last date prescribed by law for the mailing of a statement\nof taxes. In lieu of providing such a list, the enforcing officer may\nfurnish a copy of the list of delinquent taxes filed pursuant to section\neleven hundred twenty-two of this chapter, if available.\n  3. Failure to include such a legend shall not invalidate any tax or\nprevent the enforcement of the same as provided by law.\n  4. The provisions of this section shall not apply to tax statements\nprepared by the collecting officer of a school district or a village for\nwhich the county enforces delinquent taxes pursuant to section fourteen\nhundred forty-two of this chapter.\n
N.Y. EDN Law § 3711 — New York Code / Act EDN / Title 5 / Article 75 / Section 3711
Sale of gospel or school lots on division of town
Status: in_force

§ 3711. Sale of gospel or school lots on division of town.  1.\nWhenever a town having lands assigned to it for the support of the\ngospel or of schools, shall be divided into two or more towns, or shall\nbe altered in its limits by the annexing of a part of its territory to\nother towns, such lands shall be sold by the supervisor of the town, in\nwhich such lands were included immediately before such division or\nalteration; and the proceeds thereof shall be apportioned between the\ntowns interested therein, in the same manner as the other public moneys\nof towns, so divided or altered, are apportioned.\n  2. The shares of such moneys, to which the towns shall be respectively\nentitled, shall be paid to the supervisors of the respective towns, and\nshall thereafter be subject to the provisions of section twenty-one\nhundred forty-two.\n
N.Y. EDN Law § 3628 — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3628
Excess expenditures
Status: in_force

§ 3628. Excess expenditures. Unless otherwise provided in this part,\nany expenditure for transportation in excess of the allowable\ntransportation expense as determined according to the provisions of this\npart shall not be used in determining the amount of any other form of\nstate aid.\n
N.Y. PBH Law § 3369-B — New York Code / Act PBH / Article 33 / Title 5-A / Section 3369-B
Effective date
Status: in_force

* § 3369-b. Effective date. Registry identification cards or\nregistered organization registrations shall be issued or become\neffective no later than eighteen months from signing or until such time\nas the commissioner and the superintendent of state police certify that\nthis title can be implemented in accordance with public health and\nsafety interests, whichever event comes later. Prior to making a general\ncertification under this section, the commissioner and the\nsuperintendent of state police may make a certification limited to\naccommodating expedited access for patients with special certifications\nand for registered organizations under the emergency medical marihuana\naccess program under section thirty-three hundred sixty-five-a of this\ntitle.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. EDN Law § 3601 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3601
When apportioned and how applied
Status: in_force

§ 3601. When apportioned and how applied. The amount annually\nappropriated by the legislature for general support for public schools,\nnet of disallowances, refunds, reimbursements and credits, shall be\napportioned by the commissioner each year prior to the dates of the\nrespective final payments provided by law and all moneys so apportioned\nshall be applied exclusively to school purposes authorized by law.\nGeneral state aid claims, on forms prescribed by the commissioner, shall\nbe submitted to the commissioner by September second of each school\nyear, except that the audit report required by subdivision three of\nsection twenty-one hundred sixteen-a of this chapter shall be submitted\nto the commissioner by October fifteenth following the close of the\nschool year audited for all districts other than the city school\ndistricts of the cities of Buffalo, Rochester, Syracuse, Yonkers and New\nYork and by January first following the close of the school year audited\nfor such city school districts. No aid shall be paid to a school\ndistrict or board of cooperative educational services prior to the\nsubmission of claims as required by the commissioner, except that no aid\ncertified as payable to a school district by the commissioner of\ntaxation and finance pursuant to paragraph (c) of subdivision three of\nsection thirteen hundred six-a of the real property tax law shall be\nwithheld due to the failure of the school district to submit general\nstate aid claims required by the commissioner, and except that no aids\nshall be withheld due to the failure of a school district to submit the\naudit report required by subdivision three of section twenty-one hundred\nsixteen-a of this chapter until the thirtieth day following the due date\nspecified in this section for such report.\n
N.Y. ENV Law § 11-0539 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0539
New York natural heritage program
Status: in_force

§ 11-0539. New York natural heritage program.\n  1. There is hereby established within the department the New York\nnatural heritage program. The program is charged with:\n  a. analyzing existing sources of information, monitoring and taking\ncensuses of plant and animal populations, and cooperating with other\npublic agencies and scientific and educational institutions, including\nthe New York state museum and the office of parks, recreation and\nhistoric preservation, to identify the location and status of plant and\nanimal species and ecological communities, with an emphasis on rare\nspecies and rare ecological communities;\n  b. developing systems for ranking the state and global rarity of plant\nand animal species and ecological communities and producing lists of\nsuch rankings in consultation with the state biological survey and other\nappropriate entities and individuals; and\n  c. maintaining comprehensive data management systems integrating\ninformation on the location and status of rare plants, animals, and\necological communities, and analyzing and interpreting such information\nfor the purpose of conserving and managing the state's biological\ndiversity.\n  2. Upon request, and subject to the provisions of subdivision four of\nthis section, the department shall provide information from the New York\nnatural heritage program to other state agencies, public authorities,\ncounties, towns, villages, cities and landowners or their authorized\nrepresentatives.\n  3. The department may contract with a private entity to administer the\nNew York natural heritage program.\n  4. Notwithstanding the provisions of article six of the public\nofficers law or any other provision of law, the department may deny\naccess to inspection of records, data or information collected or\nmaintained by the New York natural heritage program that identify\nlocations or habitats of rare, threatened or endangered species or\necological communities where the destruction of such habitat or the\nremoval of such species therefrom would impair their ability to survive,\nprovided, however, that the commissioner may permit access to such\nrecords, data or information to persons, educators, schools or\nuniversities engaged in legitimate scientific and academic research.\n  5. No provision contained in this section shall in any way be\nconstrued to diminish or extend the department's authority to protect\nthreatened or endangered species of wildlife or rare, threatened or\nendangered species of plants pursuant to sections 9-1503, 11-0535 and\n11-0536 of this chapter or any other provision of law.\n  6. Nothing in this section shall authorize any person to enter private\nland without the permission of the private landowner.\n  7. State-owned waters, lands or portions thereof may be designated as\nnatural heritage areas in order to conserve and manage plants, wildlife\nor ecological communities, with an emphasis on rare plants, wildlife,\nand ecological communities which support such plants or wildlife.\n  a. For purposes of this title, a site shall be eligible for\ndesignation as a "natural heritage area" if it matches one or more of\nthe following criteria:\n  (i) provides habitat for "endangered species" or "threatened species"\nas defined in section 11-0535 of this title for animals and 9-1503 of\nthis chapter for plants;\n  (ii) provides habitat for rare species where rare means species ranked\nas S1, S2 or S3 under criteria developed pursuant to paragraph b of\nsubdivision one of this section; or\n  (iii) contains "significant ecological communities" where such term\nmeans all rare ecological communities as well as the best examples of\ncommon communities.\n  b. Any property designated as a natural heritage area shall be\ndescribed and depicted upon a map. The description shall include a\nnarrative setting forth the plants, animals or ecological communities\npresent on the property. The department shall make maps depicting\nnatural heritage areas available for public inspection except as\nprovided in subdivision four of this section.\n  c. Designation may be accomplished by the head of any state agency or\nentity having jurisdiction over state lands or waters for such\nappropriate properties as may exist within their respective\njurisdictions and consistent with their respective missions, provided\nthe commissioner is consulted, and approves, prior to such designation.\n  d. A designating state agency or entity shall publish notice\nconcerning the designation of a natural heritage area in the\nenvironmental notice bulletin prior to such designation. Such notice\nshall provide for a thirty day public comment period following\npublication of the notice.\n  e. The head of any state agency or entity having jurisdiction over\nstate lands or waters previously designated as natural heritage areas\nmay seek to remove all or a portion of such lands or waters from such\ndesignation provided, however, that prior to such removal the\ncommissioner publishes a finding that the designated area or portion of\nsuch area no longer meets the criteria in paragraph a of this\nsubdivision. Such finding shall be published in the environmental notice\nbulletin and shall provide for a thirty day public comment period\nfollowing publication of the notice.\n
N.Y. ENV Law § 24-0507 — New York Code / Act ENV / Article 24 / Title 5 / Section 24-0507
Reservation of local jurisdiction
Status: in_force

§ 24-0507. Reservation of local jurisdiction.\n   1. Except as provided in this article, jurisdiction over all areas\nwhich would qualify as freshwater wetlands less than twelve and\nfour-tenths acres in size and are not of unusual importance is reserved\nto the city, town or village in which they are wholly or partially\nlocated, and the implementation of this article with respect thereto is\nthe responsibility of said city, town or village, in accordance with\nsection 24-0501 and title twenty-three of article seventy-one of this\nchapter, except that a city, town or village in the exercise of its\npowers under this section, shall not be subject to the provisions of\nsubdivision four of section 24-0501, subdivisions two and three of\nsection 24-0503, or section 24-0505 of this article.\n  * NB Effective until January 1, 2028\n  * 1. Except as provided in this article, jurisdiction over all areas\nwhich would qualify as freshwater wetlands less than seven and\nfour-tenths acres in size and are not of unusual importance is reserved\nto the city, town or village in which they are wholly or partially\nlocated, and the implementation of this article with respect thereto is\nthe responsibility of said city, town or village, in accordance with\nsection 24-0501 and title twenty-three of article seventy-one of this\nchapter, except that a city, town or village in the exercise of its\npowers under this section, shall not be subject to the provisions of\nsubdivision four of section 24-0501, subdivisions two and three of\nsection 24-0503, or section 24-0505 of this article.\n  * NB Effective January 1, 2028\n  2. The department shall consult with any city, town, or village that\nexercises its powers under this section for the protection of freshwater\nwetlands.\n
N.Y. EDN Law § 3808 — New York Code / Act EDN / Title 5 / Article 77 / Section 3808
Forfeiture of amount of penalty where suit is neglected
Status: in_force

§ 3808. Forfeiture of amount of penalty where suit is neglected.\nWhere any penalty for the benefit of a school district, or of the\nschools of any school district, town, supervisory district or county,\nshall be incurred, and the officer, whose duty it is by law to sue for\nthe same, shall wilfully and unreasonably refuse or neglect to sue for\nthe same, such officer shall forfeit the amount of such penalty to the\nsame use, and it shall be the duty of his successor in office to sue for\nthe same.\n
N.Y. ENV Law § 19-0511 — New York Code / Act ENV / Article 19 / Title 5 / Section 19-0511
Review by the courts
Status: in_force

§ 19-0511. Review by the courts.\n  1. Any final order or determination or other final action by the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation promulgated by the department pursuant to this article shall\nbe subject to review as provided in article 78 of the Civil Practice Law\nand Rules.\n  2. When a review in accordance with article 78 of the Civil Practice\nLaw and Rules is not maintainable, either because the person aggrieved\nwas not a party to the original proceedings in which the order or\ndetermination or other action which is sought to be reviewed was made or\ntaken, or for any other reason, the order or determination of the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation of the department promulgated pursuant to this article may\nnevertheless be reviewed as hereinafter provided:\n  a. Application for relief from any code, rule or regulation of the\ndepartment or from any determination or order or other action which\nshall have been made or taken by the commissioner or by any person\nacting in the name of the department or commissioner shall be made by\nspecial proceeding. The petition shall be verified and shall set forth\nthe code, rule or regulation or the determination or order or other\naction of the department or commissioner or the part thereof which the\npetitioner shall claim to be unreasonable or prejudicial to him and\nshall specify the grounds therefor. Such petition may be accompanied by\naffidavits or other written proof and shall demand the relief to which\nthe petitioner alleges he is entitled, in the alternative or otherwise.\nSuch petition may be made by any one or more persons jointly or\nseverally who shall be aggrieved by any such code, rule or regulation or\nany such determination, order or act whether or not such petitioner is\nor was a party to the proceeding in which such code, rule or regulation\nwas adopted by the department or in which such determination or order or\naction was made or taken by the commissioner.\n  b. A proceeding brought under the provisions of this subdivision must\nbe instituted by service of the petition and notices of application for\nrelief within two months after the action of the department or\ncommissioner which is sought to be reviewed shall become final and\nbinding upon the petitioner or the person whom he represents either in\nlaw or in fact; or, with the permission of the supreme court granted\nwithin two years in case the petitioner or the person whom he\nrepresented at the time such action became final and binding upon the\npetitioner or such person was under the age of twenty-one years, or\nmentally ill, or imprisoned on a criminal charge, or had been sentenced\nfor a term of less than life.\n  c. In all other respects the procedure prescribed in subdivision 1 of\nthis section shall be applicable to a review provided for in this\nsubdivision.\n
N.Y. ENV Law § 29-0507 — New York Code / Act ENV / Article 29 / Title 5 / Section 29-0507
State licenses, permits, and other approvals exclusive
Status: in_force

§ 29-0507. State licenses, permits, and other approvals exclusive.\n  Notwithstanding any other provision of law, no county, city, village,\ntown, or special district, or any agency or instrumentality thereof, may\nprohibit, or require any license, permit, other approval, or condition\nrelated to, the construction or operation of low-level radioactive waste\nmanagement facilities for which required state licenses, permits, or\nother approvals have been issued. Nothing in this section shall preclude\nany county, city, village, town, or special district, or any agency or\ninstrumentality thereof, from requesting, proposing, or advocating\nimposition of reasonable conditions on the construction or operation of\nlow-level radioactive waste management facilities in any proceeding upon\nan application for a required state license, permit, or other approval\nfor such facilities.\n
N.Y. PBA Law § 1103 — New York Code / Act PBA / Article 5 / Title 5 / Section 1103
State, county and municipalities not liable on bonds or notes
Status: in_force

§ 1103. State, county and municipalities not liable on bonds or notes.\nThe bonds or notes of the authority shall not be a debt of the state of\nNew York or of the county or of any municipality in the county, and\nneither the state nor the county nor any municipality in the county\nshall be liable thereon, nor shall they be payable out of any funds\nother than those of the authority.\n
N.Y. RPT Law § 499-QQQQ — New York Code / Act RPT / Article 4 / Title 5 / Section 499-QQQQ
Application of assessment ceiling; computation of exemption
Status: in_force

* § 499-qqqq. Application of assessment ceiling; computation of\nexemption. 1. Upon receipt of a certificate setting forth the final\ncertified assessment ceiling for local public utility mass real\nproperty, the assessor shall compare the assessed valuations\nattributable to the local public utility mass real property for each\nowner of local public utility mass real property included in the\nassessment ceiling. Where the owner of the local public utility mass\nreal property reports information by specific property identification to\nthe commissioner or the local assessing jurisdiction has implemented a\nsystem by the commissioner standardizing the identity of public utility\nmass real property on assessment rolls, such certified assessment\nceilings shall be provided by the commissioner, as set forth on the\nlocal assessing jurisdiction's assessment rolls. Where the assessed\nvaluation does not exceed the final certified assessment ceiling, as set\nforth in the certificate for the local public utility mass real\nproperty, the assessor need not make any adjustment in such assessed\nvaluation. Provided, however, the assessed valuation exceeds the final\ncertified assessment ceiling, as set forth in the certificate, such\nlocal public utility mass real property shall be exempt from taxation to\nthe extent of such excess and the assessor shall forthwith reduce the\nassessments of such local public utility mass real property, so that the\ntaxable assessed valuation of such property shall not exceed the\ncertified assessment ceiling. All certificates of assessment ceilings\nshall be attached to the assessment roll or filed therewith as provided\nin article fifteen-C of this chapter.\n  2. The assessor is hereby authorized and directed to make the\nreductions, if any, provided for in this section on the assessment roll\nof the local assessing jurisdiction in which the local public utility\nmass real property is located, notwithstanding the fact that he or she\nmay receive the certificate of the assessment ceiling after the final\ncompletion, verification and filing of such assessment roll. Other local\nofficers, including school authorities, applying such final assessment\nroll, are hereby authorized and directed, on the basis of information\nwhich shall be provided by the assessor, to make the reductions provided\nfor in this section on their respective tax rolls prior to levy of tax\nor, if received after the tax rolls have been established, to correct\nany tax levy of local public utility mass real property to reflect such\nreduction. If the reduction is made after the tax levy and payment of\nsame by the owner of local public utility mass real property, then such\nowner of local public utility mass real property shall be entitled to a\nrefund in accordance with section seven hundred twenty-six of this\nchapter.\n  3. In assessing units for which he or she is required by law to\nprepare an assessment roll, the assessor of a county having a county\ndepartment of assessment shall perform all the acts prescribed for an\nassessor by this title. Where a village has enacted a local law as\nprovided in subdivision three of section fourteen hundred two of this\nchapter, the assessor of the town or county who prepares a copy of this\napplicable part of the town or county assessment roll for village tax\npurposes shall also perform the acts prescribed for assessors by this\ntitle on behalf of the village.\n  * NB Repealed January 1, 2031\n
N.Y. PBA Law § 2896 — New York Code / Act PBA / Article 9 / Title 5-A / Section 2896
Duties of public authorities with respect to the disposal of property
Status: in_force

§ 2896. Duties of public authorities with respect to the disposal of\nproperty. 1. Every authority, as defined in section two of this chapter,\nshall adopt by resolution comprehensive guidelines which shall (a)\ndetail the public authority's operative policy and instructions\nregarding the use, awarding, monitoring and reporting of contracts for\nthe disposal of property, and (b) designate a contracting officer who\nshall be responsible for the public authority's compliance with, and\nenforcement of, such guidelines. Such guidelines shall be consistent\nwith, and shall require the public authority's contracting activities to\ncomply with this section, the authorities enabling legislation and any\nother applicable law for the disposal of property, except that such\nguidelines may be stricter than the provisions of this section, the\nauthorities enabling legislation and any other applicable law for the\ndisposal of property if the public authority determines that additional\nsafeguards are necessary to assure the integrity of its disposition\nactivities. Guidelines approved by the public authority shall be\nannually reviewed and approved by the governing body of the public\nauthority. On or before the thirty-first day of March in each year, the\npublic authority shall file with the comptroller a copy of the\nguidelines most recently reviewed and approved by the public authority,\nincluding the name of the public authority's designated contracting\nofficer. At the time of filing such guidelines with the comptroller,\nevery public authority shall also post such guidelines on the public\nauthority's internet website. Guidelines posted on the public\nauthority's internet website shall be maintained on such website at\nleast until the procurement guidelines for the following year are posted\non such website.\n  2. Each public authority shall:\n  a. maintain adequate inventory controls and accountability systems for\nall property under its control;\n  b. periodically inventory such property to determine which property\nshall be disposed of;\n  c. produce a written report of such property in accordance with\nsubdivision three of this section;\n  d. transfer or dispose of such property as promptly as possible in\naccordance with section twenty-eight hundred ninety-seven of this title.\n  3. a. Each public authority shall publish, not less frequently than\nannually, a report listing all real property of the public authority.\nSuch report shall include a list and full description of all real and\npersonal property disposed of during such period. The report shall\ncontain the price received by the public authority and the name of the\npurchaser for all such property sold by the public authority during such\nperiod.\n  b. The public authority shall deliver copies of such report to the\ncomptroller, the director of the budget, the commissioner of general\nservices, the legislature and the authorities budget office.\n
N.Y. EDN Law § 3705 — New York Code / Act EDN / Title 5 / Article 75 / Section 3705
Apportionment of gospel funds
Status: in_force

§ 3705. Apportionment of gospel funds.  It shall be lawful for the\nsupervisor of any town having money arising from the sale of gospel\nlands, and known as gospel funds, to apportion such funds among the\nseveral school districts of his respective town when authorized under\nthe provisions of section thirty-seven hundred six.\n
N.Y. ENV Law § 71-0511 — New York Code / Act ENV / Article 71 / Title 5 / Section 71-0511
Judgments; how enforced
Status: in_force

§ 71-0511. Judgments; how enforced.\n  Judgments recovered under the provisions of this chapter listed in\nsection 71-0501 or under titles 5 through 15 inclusive and title 33 of\nthis article may be enforced by contempt.\n
N.Y. PBH Law § 3366 — New York Code / Act PBH / Article 33 / Title 5-A / Section 3366
Reports by registered organizations
Status: in_force

* § 3366. Reports by registered organizations. 1. The commissioner\nshall, by regulation, require each registered organization to file\nreports by the registered organization during a particular period. The\ncommissioner shall determine the information to be reported and the\nforms, time, and manner of the reporting.\n  2. The commissioner shall, by regulation, require each registered\norganization to adopt and maintain security, tracking, record keeping,\nrecord retention and surveillance systems, relating to all medical\nmarihuana at every stage of acquiring, possession, manufacture, sale,\ndelivery, transporting, distributing, or dispensing by the registered\norganization, subject to regulations of the commissioner.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. PBA Law § 1114-J — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-J
Moneys of the authority
Status: in_force

* § 1114-j. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer and shall be\ndeposited forthwith in one or more banks and/or trust companies in the\nstate designated by the authority. The moneys in such accounts shall be\npaid out on checks of the treasurer upon requisition by the chairperson\nof the authority or of such other officer or officers as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of or guaranteed by the United States of\nAmerica or of the state of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any bonds as to the custody,\ncollection, security, investment and payment of any moneys of the\nauthority or any moneys held in trust or otherwise for the payment of\nbonds or in any way to secure bonds. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the authority\nand all banks and trust companies are authorized to give such security\nfor such deposits.\n  * NB There are 2 § 1114-j's\n
N.Y. PBH Law § 2150 — New York Code / Act PBH / Article 21 / Title 5 / Section 2150
Typhoid fever; carriers; care and maintenance, in institutions
Status: in_force

§ 2150. Typhoid fever; carriers; care and maintenance, in\ninstitutions.  Whenever any person is declared by the commissioner to be\na carrier of typhoid fever bacilli and whenever, for the protection of\nthe public health, the commissioner certifies to the necessity of\ncontinued isolation; or, whenever, the sanitary code prohibits a carrier\nof typhoid fever bacilli from engaging in his usual occupation, such\nperson may be given hospital or institutional care under the\nsurveillance of the local health officer at the expense of the state if\nthe hospital or institution in the judgment of the commissioner is\nproperly equipped for the care and maintenance of said person.\n
N.Y. PBH Law § 2153 — New York Code / Act PBH / Article 21 / Title 5 / Section 2153
City of New York; exceptions
Status: in_force

§ 2153. City of New York; exceptions.  The provisions of sections two\nthousand one hundred fifty to two thousand one hundred fifty-two of this\nchapter, inclusive, shall not apply to the city of New York.\n
N.Y. ENV Law § 24-0509 — New York Code / Act ENV / Article 24 / Title 5 / Section 24-0509
Relationship to other laws
Status: in_force

§ 24-0509. Relationship to other laws.\n  No provision of this article shall be deemed to remove from any local\ngovernment any authority pertaining to the regulation of freshwater\nwetlands, whether such wetlands are under the jurisdiction of the\ndepartment or a county pursuant to subdivision 4 of section 24-0501 of\nthis title, under the county, general city, general municipal, municipal\nhome rule, town, village, or any other law, provided, however, that any\nsuch regulation by a local government shall be at least as protective of\nfreshwater wetlands as the regulations in effect pursuant to the\nprovisions of this chapter or any rule or regulation promulgated\npursuant to the provisions of this article or pursuant to a local\nfreshwater wetlands protection law or ordinance adopted by a county\npursuant to the provisions of section 24-0501 of this title.\n
N.Y. VAT Law § 513 — New York Code / Act VAT / Title 5 / Article 20 / Section 513
Certificate of magistrate
Status: in_force

§ 513. Certificate of magistrate.  (a) Upon the suspension or\nrevocation of any license or certificate of registration for any reason\nspecified in sections five hundred ten and eleven hundred ninety-three\nof this chapter as a ground for such suspension or revocation, the\nmagistrate or other officer suspending or revoking the same shall,\nwithin ninety-six hours, transmit to the commissioner a certificate\nstating: (a) whether such license or certificate has been suspended or\nrevoked and, if suspended, the period of such suspension; (b) the name\nand address of the person whose license or certificate has been\nsuspended or revoked; (c) the nature of the offense committed, or other\nreason for the suspension or revocation; (d) the number and character of\nthe violations of the provisions of this chapter, or of any lawful local\nordinance, rule or regulation in relation to motor vehicle or motorcycle\nspeed or traffic, of which such licensee has been convicted, so far as\npracticable.  Such certificate shall be presumptive evidence of the\nfacts recited therein. At such time, said magistrate or officer shall\ntransmit such license, if surrendered at sentencing, to the\ncommissioner.\n  (b) Where a person has been granted youthful offender status, the\ncertificate required by subdivision (a) of this section shall specify\n(i) whether such license or certificate has been suspended or revoked,\nand if suspended, the period of such suspension; if revoked, the time\nperiod within which no new license may be issued; (ii) the name and\naddress of the person whose license or certificate has been revoked; and\n(iii) such other information as the commissioner may require by\nregulation.\n
N.Y. SOS Law § 197 — New York Code / Act SOS / Article 5 / Title 5 / Section 197
Incarcerated individuals' right of appeal
Status: in_force

§ 197. Incarcerated individuals' right of appeal. Any incarcerated\nindividual of a public home, who considers himself or herself to have a\ncause for complaint against any officer or employee of the public home,\nshall have the right of appeal to the superintendent of the public home,\nand to the commissioner of public welfare.\n
N.Y. ENV Law § 56-0509 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0509
Liability limitation
Status: in_force

§ 56-0509. Liability limitation.\n  1. (a) Notwithstanding any other provision of law and except as\nprovided in subdivision two of this section and in paragraph (h) of\nsubdivision two of section 56-0503 of this title, the following shall\nnot be liable to the state upon any statutory or common law cause of\naction, or to any person upon any statutory cause of action arising out\nof the presence of any contamination in or on property at any time\nbefore the effective date of a contract entered into pursuant to this\ntitle or written agreement pursuant to subdivision three of section\n56-0503 of this title:\n  (i) a municipality receiving state assistance under this title to\nundertake, or under written agreement pursuant to subdivision three of\nsection 56-0503 of this title for the state to undertake an\nenvironmental restoration project and complying with the terms and\nconditions of the contract or written agreement pursuant to subdivision\nthree of section 56-0503 of this title providing such assistance; and\n  (ii) a successor in title to the real property subject to an\nenvironmental restoration project; any lessee of such property; and any\nperson that provides financing to such party relative to the\nremediation, restoration, or redevelopment of such property; provided\nthat such successor in title, lessee, or lender did not generate,\narrange for, transport, or dispose, and did not cause the generation,\narrangement for, transportation, or disposal of any contamination\nlocated at such property, and did not own such property.\n  (b) Notwithstanding any other provision of this title, any person\nseeking the benefit of this subdivision shall bear the burden of proving\nthat a cause of action, or any part thereof, is attributable solely to\ncontamination present in or on such parcel before the effective date of\nsuch contract.\n  2. Subdivisions one and three of this section shall not apply to\nrelieve any municipality, successor in title, lessee, or lender from\nliability arising from:\n  (a) failing to implement such project to the department's satisfaction\nor failing to comply with the terms and conditions of the contract;\n  (b) fraudulently demonstrating that the cleanup levels identified in\nor to be identified in accordance with such project were reached;\n  (c) causing the release or threat of release at the property subject\nto such project of any contamination after the effective date of such\ncontract; or\n  (d) changing such property's use from the intended use as identified\nin the contract pursuant to section 56-0503 of this title to a use\nrequiring a lower level of residual contamination unless the additional\nremedial activities are undertaken which shall meet the same standard\nfor protection of public health and the environment that applies to\nremedial actions undertaken pursuant to 27-1313 of this chapter so that\nsuch use can be implemented with sufficient protection of public health\nand the environment.\n  3. The state shall indemnify and save harmless any municipality,\nsuccessor in title, lessee, or lender identified in paragraph (a) of\nsubdivision one of this section in the amount of any judgment or\nsettlement, obtained against such municipality, successor in title,\nlessee, or lender in any court for any common law cause of action\narising out of the presence of any contamination in or on property at\nanytime before the effective date of a contract entered into pursuant to\nthis title. Such municipality, successor in title, lessee, or lender\nshall be entitled to representation by the attorney general, unless the\nattorney general determines, or a court of competent jurisdiction\ndetermines, that such representation would constitute a conflict of\ninterest, in which case the attorney general shall certify to the\ncomptroller that such party is entitled to private counsel of its\nchoice, and reasonable attorneys' fees and expenses shall be reimbursed\nby the state. Any settlement of such an action shall be subject to the\napproval of the attorney general as to form and amount, and this\nsubdivision shall not apply to any settlement of any such action which\nhas not received such approval.\n  4. A municipality receiving state assistance and any successor in\ntitle shall implement a department-approved environmental sampling\nprogram and, in the event that conditions on such property are not\nsufficiently protective of human health for its current use due to\nenvironmental conditions related to the property subject to such project\nthat were unknown to the department as of the effective date of such\ncontract or due to information received in whole or in part after the\ndepartment's approval of such project's final engineering report and\ncertification, take such emergency measures that are necessary to\nmaintain sufficient protection of human health for such property's\ncurrent use until such conditions are addressed; and the department\nshall take such measures as it may determine are necessary to return\nsuch property to a condition sufficiently protective of human health\nusing monies from the environmental restoration project account of the\nhazardous waste remedial fund established under section ninety-seven-b\nof the state finance law.\n  5. In addition to any other powers the department may have, including,\nbut not limited to, the powers set forth in section 56-0515 of this\ntitle, the department shall have the authority to periodically inspect\nproperty to ensure that the use of the property complies with the terms\nand conditions of the contract and any engineering and/or institutional\ncontrols placed on the property.\n
N.Y. PBH Law § 262 — New York Code / Act PBH / Article 2 / Title 5* / Section 262
Definitions
Status: in_force

§ 262. Definitions. As used in this title, unless the context\notherwise requires:\n  "Obesity" means the condition in which a person's body mass index is\nat least thirty kilograms per meter squared, or where a person's body\nmass index is at least twenty-seven kilograms per meter squared and the\nperson suffers from one or more of the following conditions or diseases:\n  1. Type II diabetes;\n  2. Impaired glucose tolerance;\n  3. Hyperinsulinemia;\n  4. Dyslipidemia;\n  5. Hypertension;\n  6. Cardiovascular disease;\n  7. Cerebrovascular disease;\n  8. Osteoarthritis of the hips or knees;\n  9. Sleep apnea;\n  10. Gastric reflux disease; or\n  11. Gall bladder disease.\n
N.Y. ENV Law § 19-0509 — New York Code / Act ENV / Article 19 / Title 5 / Section 19-0509
Order or determination; burdens of proof
Status: in_force

§ 19-0509. Order or determination; burdens of proof.\n  1. After due consideration of the written and oral statements, the\ntestimony and arguments that shall be submitted under the provisions of\nsection 19-0507 or, upon default in appearance of the respondent on the\nreturn day which shall be specified in the notice given as provided in\nsection 19-0505 the commissioner may issue and enter such final order,\nor make such final determination as he shall deem appropriate under the\ncircumstances, and he shall notify the respondent thereof in writing by\nregistered mail.\n  2. Any such order may require immediate cessation of any activity in\ncontravention of such codes, rules and regulations.\n  3. In connection with determining the appropriate remedy, the\ncommissioner shall consider evidence received at such hearing relating\nto the adequacy and practicability of various means of complying with\nsuch codes, rules and regulations and the financial ability of the\nrespondent so to comply. If the commissioner finds that immediate\ncompliance would be impossible or impracticable either because no\nadequate or practical means of compliance is known or because of\nfinancial inability, his order shall establish the reasonable time or\ntimes within which the required steps, both intermediate and final, are\nto be taken. The burden of proving impossibility, impracticability or\nfinancial inability shall be upon the person claiming the same.\n  4. As to all other issues in proceedings before the commissioner or\nhis designee with respect to any alleged violation of any code, rule or\nregulation which shall have been promulgated by the department pursuant\nto this article, the burden of proof shall be upon the commissioner.\n
N.Y. SOS Law § 410-E — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-E
Definitions
Status: in_force

§ 410-e.  Definitions.  As used in this title the following words and\nphrases shall have the following meanings unless a different meaning is\nplainly required by the context:\n  1.  "Board".  The state board of social welfare.\n  2.  "Commissioner".  The commissioner of social services of the state\nof New York.\n  3.  "Department".  The state department of social services.\n  4.  "Eligible borrower".  A non-profit corporation organized under the\nlaws of the state of New York which is authorized to care for children\nand which has entered into a regulatory agreement in accordance with the\nprovisions of section four hundred ten-f of this title.\n  5.  "Project." "Youth facilities project."  A specific work or\nimprovement, including lands, buildings, improvements, fixtures and\narticles of personal property acquired, constructed, rehabilitated,\nmanaged, owned and operated by an eligible borrower to provide day care\nin the manner prescribed by the department for children of pre-school\nand primary school age  or to provide residential child care in the\nmanner prescribed by the rules of the board for children of pre-school,\nprimary school or secondary school age, or to provide any combination of\nthe foregoing, and for facilities incidental or appurtenant thereto.\n  6.  "Project cost".  "Youth facilities project cost".  The sum total\nof all costs incurred by an eligible borrower as approved by the\ncommissioner as reasonable and necessary for carrying out all works and\nundertakings and providing all necessary equipment for the development\nof a project exclusive of any private or federal, state or local\nfinancial assistance available for and received by an eligible borrower\nfor the payment of such project cost.  These shall include but are not\nnecessarily limited to the carrying charges during construction or\nrehabilitation up to and including the occupancy date, working capital\nnot exceeding three percentum of the estimated total cost or three\npercentum of the actual total final cost, whichever is larger, the cost\nof all necessary studies, surveys, plans and specifications,\narchitectural, engineering, legal or other special services, the cost of\nacquisition of land and any buildings and improvements thereon, site\npreparation and development, construction, reconstruction and equipment,\nincluding fixtures, equipment, and articles of personal property\nrequired for the operation of the project, the reasonable cost of\nfinancing incurred by the eligible borrower in the course of the\ndevelopment of the project, up to and including the occupancy date, the\nfees imposed by the commissioner and by the New York state housing\nfinance agency; other fees charged, including any premium payments to\nthe youth facilities project guarantee fund created by the youth\nfacilities project guarantee fund act, and necessary expenses incurred\nin connection with the initial occupancy of the project, and the cost of\nsuch other items as the commissioner may determine to be reasonable and\nnecessary for the development of a project, less any and all rents and\nother net revenues from the operation of the real property, improvements\nor personal property on the project site, or any part thereof, by the\neligible borrower on and after the date on which the contract between\nthe eligible borrower and the New York state housing finance agency was\nentered into and prior to the occupancy date.\n  7.  "Occupancy date".  The date defined in the documents providing for\na mortgage loan between an eligible borrower and the New York state\nhousing finance agency.\n  8.  "Youth facilities development fund company".  A company\nincorporated and organized pursuant to subdivision two of section four\nhundred ten-n of this title.\n  9.  "Youth Facilities Center" means a facility suitable to provide day\ncare for children of pre-school age and primary school age or to provide\nresidential child care for children of pre-school, primary school or\nsecondary school age or to provide any combination of the foregoing,\nwhich has been approved by the state department of social services.\n
N.Y. SOS Law § 410-Y — New York Code / Act SOS / Article 6 / Title 5-C / Section 410-Y
Maintenance of effort
Status: in_force

§ 410-y. Maintenance of effort. 1. Each social services district shall\nmaintain the amount of local funds spent for child care assistance under\nthe child care block grant at a level equal to or greater than the\namount the district spent for child care assistance during federal\nfiscal year nineteen hundred ninety-five under title IV-A of the federal\nsocial security act, the federal child care development block grant\nprogram and the state low income child care program; provided however, a\nsocial services district for a city of a population of a million or more\nshall spend local funds for child care assistance at an amount no less\nthan three hundred twenty-eight million dollars.\n  2. If the state fails to meet the level of state and local child care\nfunding necessary to maintain the federal matching funds for child care\nassistance available under title IV-a of the federal social security\nact, the state shall withhold funding from those social services\ndistricts which spent a lower amount of local funds for child care\nassistance than the amount required by subdivision one of this section,\nbased on a formula established in department regulations, equal to the\namount of the matching funds which have been lost.\n
N.Y. ENV Law § 24-0511 — New York Code / Act ENV / Article 24 / Title 5 / Section 24-0511
Local freshwater wetlands protection procedures in the Adirondack park
Status: in_force

§ 24-0511. Local freshwater wetlands protection procedures in the\n             Adirondack park.\n  Except for section 24-0509, this title shall not apply to freshwater\nwetlands protection laws or ordinances adopted by towns or villages with\nrespect to their territories within the Adirondack park. Such laws or\nordinances are governed by title eight of this article.\n
N.Y. VAT Law § 503 — New York Code / Act VAT / Title 5 / Article 19 / Section 503
Period of validity of drivers' licenses, learners' permits and applications; required fees
Status: in_force

§ 503. Period of validity of drivers' licenses, learners' permits and\napplications; required fees. 1. Periods of validity. (a) A driver's\nlicense shall be valid from the date of issuance until a date of\nexpiration determined by the commissioner. Such dates of issuance and\nexpiration shall be noted on the license, except that if such printed\nexpiration date falls on a Saturday, Sunday or state holiday, such\nlicense shall be valid for operation until midnight of the next day on\nwhich state offices shall be open for business. However, a prior license\nshall expire on the date of issuance of a renewal of such prior license.\nThe commissioner may extend the period of validity of a license in a\nmanner and form prescribed by him.\n  (b) An application for a license shall be valid for a period of time\nspecified by regulation of the commissioner not to exceed five years. A\nlearner's permit shall be valid from its issuance until the expiration\nof the application for a driver's license for which it was issued.\nProvided, however, a commercial learner's permit shall be valid for no\nmore than such time as permitted by section 31308 of title 49 of the\nUnited States code and part 383.25 of title 49 of the code of federal\nregulations. Provided, however, that a commercial learner's permit\nissued by the commissioner in connection with an application for a\ncommercial driver's license shall be cancelled within sixty days of the\nholder's medical certification status becoming "not-certified" based\nupon: (i) the expiration of the holder's medical certification or\nmedical variance documentation required by the federal motor carrier\nsafety improvement act of 1999 and Part 383.71(h) of title 49 of the\ncode of federal regulations; (ii) the holder's failure to submit such\nmedical certification or medical variance documentation at such\nintervals as required by the federal motor carrier safety improvement\nact of 1999 and Part 383.71(h) of title 49 of the code of federal\nregulations and in a manner prescribed by the commissioner; or (iii) the\nreceipt by the commissioner of information from the issuing medical\nexaminer or the federal motor carrier safety administration that a\nmedical certification or medical variance was issued in error or\nrescinded. The commissioner shall, upon a holder's status becoming\n"not-certified", notify the holder of such commercial learner's permit\nissued in connection with a commercial driver's license application by\nfirst class mail to the address of such person on file with the\ndepartment or at the current address provided by the United States\npostal service of his or her "not-certified" medical certification\nstatus and that the commercial motor vehicle privileges of such\ncommercial learner's permit will be cancelled unless he or she submits a\ncurrent medical certificate and/or medical variance in accordance with\nPart 383.71(h) of title 49 of the code of federal regulations or changes\nhis or her self-certification to driving only in excepted or intrastate\ncommerce in accordance with Part 383.71(b) (1) (ii), (iii) or (iv) of\ntitle 49 of the code of federal regulations.\n  2. Fees. (a) Initial application fee. The fee required for the\ninitiation of the licensing process by a person who does not hold a\nvalid or renewable license issued by the commissioner shall be ten\ndollars.\n  (i) If application is made for any license other than a commercial\ndriver's license, such fee shall enable the applicant to take the\nknowledge test required for issuance of a learner's permit and driver's\nlicense no more than twice.\n  (ii) (A) If application is made for a commercial driver's license,\nsuch fee shall enable the applicant to take the knowledge test required\nfor issuance of a learner's permit and driver's license once and also\ntake any knowledge test or tests required for any endorsement or\nendorsements applied for which are taken at the same time.\n  (B) The knowledge tests for such learner's permit, driver's license or\nendorsements shall be available in both the English and Spanish language\nversions.\n  (iii) If an applicant fails to pass the knowledge test required for\nissuance of a learner's permit in the number of times specified in\nsubparagraph (i) or (ii) of this paragraph, a new application fee shall\nbe required.\n  (b) Learner permit/license fee. (i) Upon passage of the knowledge test\nrequired to obtain a learner's permit, the applicant for a commercial\ndriver's license shall be required to pay an additional fee of nine\ndollars and fifty cents for each six months or portion thereof of the\nperiod of validity of a learner's permit or license which is or may be\nissued as well as a fee of forty dollars for a road test which must be\npassed before a license will be issued.\n  (ii) Upon passage of the knowledge test required to obtain a learner's\npermit, the applicant for a class C license which does not have an H, P\nor X endorsement or a class E license shall be required to pay six\ndollars and twenty-five cents for each six months or portion thereof of\nthe period of validity of a learner's permit or license which is or may\nbe issued, and an applicant for a class D, DJ, M or MJ license shall be\nrequired to pay three dollars and twenty-five cents for each six months\nor portion thereof of the period of validity of a learner's permit or\nlicense which is or may be issued. No additional fee shall be required\nof any such applicant to take up to two road tests. Such road test must\nbe passed before a license will be issued.\n  (iii) If an applicant fails to pass the road test required for\nissuance of a license in the number of times specified in subparagraph\n(i) or (ii) of this paragraph, an additional fee of forty dollars will\nbe required for each additional test applied for in order to obtain a\ncommercial driver's license and an additional fee of ten dollars will be\nrequired for up to two tests applied for in order to obtain any license\nother than a commercial driver's license.\n  (iv) Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n  (b-1) Supplemental learner permit/license fee in the metropolitan\ncommuter transportation district. (i) Upon passage of the knowledge test\nrequired to obtain a learner's permit, an applicant for a driver's\nlicense who resides in the metropolitan commuter transportation district\nestablished by section one thousand two hundred sixty-two of the public\nauthorities law shall be required to pay a supplemental fee of one\ndollar for each six months or portion thereof of the period of validity\nof a learner's permit or license which is or may be issued pursuant to\nthe provisions of subparagraph (i) or (ii) of paragraph (b) of this\nsubdivision.\n  (ii) The commissioner shall deposit daily all funds collected pursuant\nto subparagraph (i) of this paragraph with such responsible banks,\nbanking houses or trust companies as may be designated by the state\ncomptroller, in trust for the credit of the metropolitan transportation\nauthority. An account may be established in one or more of such\ndepositories. Such deposits shall be kept separate and apart from all\nother money in the possession of the comptroller. On or before the\ntwelfth day of each month, the commissioner shall certify to the\ncomptroller the amount of all revenues received pursuant to subparagraph\n(i) of this paragraph during the prior month as a result of the\nsupplemental fee imposed, including any interest and penalties thereon.\nThe revenues so certified over the prior three months in total shall be\npaid over by the fifteenth day of the last month of each calendar\nquarter from such account, without appropriation, into the corporate\ntransportation account of the metropolitan transportation authority\nspecial assistance fund established by section twelve hundred seventy-a\nof the public authorities law, to be applied as provided in paragraph\n(e) of subdivision four of such section. Any money collected pursuant to\nthis section that is deposited by the comptroller in the corporate\ntransportation account of the metropolitan transportation authority\nspecial assistance fund shall be held in such fund free and clear of any\nclaim by any person or entity paying an additional fee pursuant to this\nsection, including, without limiting the generality of the foregoing,\nany right or claim against the metropolitan transportation authority,\nany of its bondholders, or any subsidiary or affiliate of the\nmetropolitan transportation authority.\n  (c) Renewal fee. Fees for renewal of a license issued by the\ncommissioner shall be as follows:\n  (i) For a commercial driver's license, nine dollars and fifty cents\nfor each six months or portion thereof.\n  (ii) For a class C license which does not have an H, P or X\nendorsement or a class E license, six dollars and twenty-five cents for\neach six months or portion thereof.\n  (iii) For a class D, DJ, M or MJ license, three dollars and\ntwenty-five cents, for each six months or portion thereof.\n  (iv) Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n  (c-1) In addition to the fees established in paragraphs (b) and (c) of\nthis subdivision, a fee of fifty cents for each six months or portion\nthereof of the period of validity shall be paid upon the issuance of any\npermit, license or renewal of a license which is valid for the operation\nof a motorcycle, except a limited use motorcycle.\n  (c-2) Refunds. The commissioner shall refund any fees paid for a\ndriver's license pursuant to paragraph (c) of this subdivision for the\nperiod commencing after completion of four years of the period of\nvalidity of such license, provided that such license is not suspended or\nrevoked and is surrendered to the commissioner before the end of such\nfour year period and application therefor is filed with the commissioner\nno later than three months from the expiration of such four year period.\n  (c-3) (i) Supplemental renewal fee in the metropolitan commuter\ntransportation district. In addition to the fees required to be paid\npursuant to paragraph (c) of this subdivision, a supplemental fee of one\ndollar for each six months or portion thereof of the validity of the\nlicense shall be paid for renewal of a license of a person who resides\nin the metropolitan commuter transportation district established by\nsection one thousand two hundred sixty-two of the public authorities law\nissued by the commissioner.\n  (ii) The commissioner shall deposit daily all funds collected pursuant\nto this paragraph with such responsible banks, banking houses or trust\ncompanies as may be designated by the state comptroller, in trust for\nthe credit of the metropolitan transportation authority. An account may\nbe established in one or more of such depositories. Such deposits shall\nbe kept separate and apart from all other money in the possession of the\ncomptroller. On or before the twelfth day of each month, the\ncommissioner shall certify to the comptroller the amount of all revenues\nreceived pursuant to this paragraph during the prior month as a result\nof the supplemental fees imposed, including any interest and penalties\nthereon. The revenues so certified over the prior three months in total\nshall be paid over by the fifteenth day of the last month of each\ncalendar quarter from such account, without appropriation, into the\ncorporate transportation account of the metropolitan transportation\nauthority special assistance fund established by section twelve hundred\nseventy-a of the public authorities law, to be applied as provided in\nparagraph (e) of subdivision four of such section. Any money collected\npursuant to this section that is deposited by the comptroller in the\ncorporate transportation account of the metropolitan transportation\nauthority special assistance fund shall be held in such fund free and\nclear of any claim by any person or entity paying an additional fee\npursuant to this section, including, without limiting the generality of\nthe foregoing, any right or claim against the metropolitan\ntransportation authority, any of its bondholders, or any subsidiary or\naffiliate of the metropolitan transportation authority.\n  (d) Duplicate and amendment fees. (i) The fee for a duplicate of any\nlicense or learner's permit shall be five dollars.\n  (ii) If a knowledge test or test are required to be passed to secure\nan amended learner's permit or license, the fees for taking of such test\nor tests specified in paragraph (a) of this subdivision shall be paid.\nHowever, if an amendment is to add only an endorsement or endorsements\nwhich require only the passing of a knowledge test or tests, a fee of\nfive dollars shall be paid. If a road test or tests are required to be\npassed to secure an amended license, the fees for taking such test or\ntests specified in paragraph (b) of this subdivision shall be paid. If\nno knowledge or road test is required to secure an amended license, the\nfee required for such amended license shall be five dollars. In\naddition, if the fee for the amended learner's permit or license is\ngreater than the fee for the learner's permit or license being amended,\nthe difference in fee shall be paid. If the amendment is only to correct\nor update a driver's record, no fee other than the photo image fee shall\nbe required.\n  (e) Alternative testing. If a knowledge test is required in any stage\nof the licensing process, the applicant may request that such test be\ngiven in a form other than written and if the applicant meets the\neligibility standards established by the commissioner for an alternative\ntest then the commissioner shall give such test in an alternative form.\nAn additional fee of five dollars shall be required for such an\nalternative test.\n  (f) Photo image fee. In addition to any other fee prescribed herein, a\nfee of twelve dollars and fifty cents shall be charged for the\nprocessing of each learner permit or license document requiring a photo\nimage. Of each such fee collected, five dollars shall be deposited to\nthe credit of the general fund and five dollars shall be deposited in\nthe dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law and the dedicated mass\ntransportation fund established pursuant to section eighty-nine-c of the\nstate finance law and distributed according to the provisions of\nsubdivision (d) of section three hundred one-j of the tax law.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this paragraph in\neffect on and after September first, two thousand nine and the fees set\nforth in this paragraph in effect prior to such date shall be deposited\nto the credit of the dedicated highway and bridge trust fund.\n  (f-1) In addition to any other fee prescribed in this section, an\nadditional fee of thirty dollars shall be charged for any license,\nissued to a New York state resident who is a citizen of the United\nStates, that can be used for certain land and sea border crossings\npursuant to section 7209 of the Intelligence Reform and Terrorism\nPrevention Act of Two Thousand Four, Public Law 108-458, or the\nregulations promulgated thereunder.\n  (g) In no event shall the commissioner increase fees or impose\nsurcharges or penalties for the issuance or renewal of licenses without\nthe specific mandate of the legislature effected pursuant to an\namendment to this chapter.\n  (h) An applicant whose driver's license has been revoked pursuant to\n(i) section five hundred ten of this title, (ii) section eleven hundred\nninety-three of this chapter, and (iii) section eleven hundred\nninety-four of this chapter, shall, upon application for issuance of a\ndriver's license, pay to the commissioner a fee of one hundred dollars.\nWhen the basis for the revocation is a finding of driving after having\nconsumed alcohol pursuant to the provisions of section eleven hundred\nninety-two-a of this chapter, the fee to be paid to the commissioner\nshall be one hundred dollars. Such fee is not refundable and shall not\nbe returned to the applicant regardless of the action the commissioner\nmay take on such person's application for reinstatement of such driving\nlicense. Such fee shall be in addition to any other fees presently\nlevied but shall not apply to an applicant whose driver's license was\nrevoked for failure to pass a reexamination or to an applicant who has\nbeen issued a conditional or restricted use license under the provisions\nof article twenty-one-A or thirty-one of this chapter.\n  (i) A non-resident whose driving privileges have been revoked pursuant\nto sections five hundred ten, eleven hundred ninety-three and eleven\nhundred ninety-four of this chapter shall, upon application for\nreinstatement of such driving privileges, pay to the commissioner of\nmotor vehicles a fee of one hundred dollars. When the basis for the\nrevocation is a finding of driving after having consumed alcohol\npursuant to the provisions of section eleven hundred ninety-two-a of\nthis chapter, the fee to be paid to the commissioner shall be one\nhundred dollars. Such fee is not refundable and shall not be returned to\nthe applicant regardless of the action the commissioner may take on such\nperson's application for reinstatement of such driving privileges.\n  (j) Whenever a license issued pursuant to this article, or a privilege\nof operating a motor vehicle or of obtaining such a license, has been\nsuspended, such suspension shall remain in effect until a termination of\na suspension fee of fifty dollars is paid to the commissioner; provided,\nhowever, when the basis for the suspension is a finding of driving after\nhaving consumed alcohol pursuant to the provisions of section eleven\nhundred ninety-two-a of this chapter, the fee to be paid to the\ncommissioner shall be one hundred dollars. The provisions of this\nparagraph shall not apply to a temporary suspension pending a hearing,\nprosecution or investigation, nor to an indefinite suspension which is\nissued because of the failure of the person suspended to perform an act,\nwhich suspension will be terminated by the performance of the act.\n  (j-1) (i) When a license issued pursuant to this article, or a\nprivilege of operating a motor vehicle or of obtaining such a license,\nhas been suspended based upon a failure to answer an appearance ticket\nor a summons or failure to pay a fine, penalty or mandatory surcharge,\npursuant to subdivision three of section two hundred twenty-six,\nsubdivision four of section two hundred twenty-seven, subdivision four-a\nof section five hundred ten or subdivision five-a of section eighteen\nhundred nine of this chapter, such suspension shall remain in effect\nuntil a termination of a suspension fee of seventy dollars is paid to\nthe court or tribunal that initiated the suspension of such license or\nprivilege. In no event may the aggregate of the fees imposed by an\nindividual court pursuant to this paragraph for the termination of all\nsuspensions that may be terminated as a result of a person's answers,\nappearances or payments made in such cases pending before such\nindividual court exceed four hundred dollars. For the purposes of this\nparagraph, the various locations of the administrative tribunal\nestablished under article two-A of this chapter shall be considered an\nindividual court.\n  (ii) Any such fee collected by any court, judge, magistrate or other\nofficer specified in subdivision one of section thirty-nine of the\njudiciary law, establishing a unified court budget, shall be paid to the\nstate commissioner of taxation and finance on a monthly basis no later\nthan ten days after the last day of each month. All such monies\ncollected under this subdivision shall be deposited to the indigent\nlegal services fund established by section ninety-eight-b of the state\nfinance law.\n  (iii) Any such fee collected by any other court, judge, magistrate or\nother officer shall, except as provided in paragraph (k) of this\nsubdivision, be paid to the state comptroller within the first ten days\nof the month following collection. Every such payment to the comptroller\nshall be accompanied by a statement in such form and detail as the\ncomptroller shall provide. All such monies collected under this\nsubdivision shall be deposited to the indigent legal services fund\nestablished by section ninety-eight-b of the state finance law.\n  (iv) Notwithstanding any other provision of this paragraph, fifty\npercent of all fees collected pursuant to this paragraph shall be\ndeposited to the credit of the general fund.\n  (k) Fees assessed for reapplication for a driver's license or\nreinstatement of driving privileges after revocation or required to be\npaid for termination of suspension as provided in paragraphs (h), (i)\nand (j) of this subdivision shall be paid to the commissioner for\ndeposit to the general fund. Fees assessed for termination of suspension\nas provided in paragraph (j-1) of this subdivision and collected by an\nadministrative tribunal established under article two-A of this chapter\nshall be paid over to the state comptroller to the credit of the\nindigent legal services fund established by section ninety-eight-b of\nthe state finance law.\n  3. Waiver of fee. The commissioner may waive the payment of fees\nrequired by subdivision two of this section if the applicant:\n  (i) is an incarcerated individual in an institution under the\njurisdiction of a state department or agency, or\n  (ii) is a victim of crime and the driver's license or learner's permit\napplied for is a replacement for one that was lost or destroyed as a\nresult of the crime.\n  4. Driver responsibility assessment. (a) Any person who accumulates\nsix or more points on his or her driving record for acts committed\nwithin an eighteen month period shall become liable to the department\nfor payment of a driver responsibility assessment as provided in this\nsubdivision.\n  (b) The amount of the driver responsibility assessment under this\nsection shall be one hundred dollars per year for a three-year period\nfor the first six points on a driver's record and an additional\ntwenty-five dollars per year for each additional point on such driver's\nrecord.\n  (c) Upon receipt of evidence that a person is liable for the driver\nresponsibility assessment required by this subdivision, the commissioner\nshall notify such person by first class mail to the address of such\nperson on file with the department or at the current address provided by\nthe United States postal service of the amount of such assessment, the\ntime and manner of making required payments, and that failure to make\npayment shall result in the suspension of his or her driver's license or\nprivilege of obtaining a driver's license.\n  (d) If a person shall fail to pay any driver responsibility assessment\nas provided in this subdivision, the commissioner shall suspend such\nperson's driver's license or privilege of obtaining a license. Such\nsuspension shall remain in effect until any and all outstanding driver\nresponsibility assessments have been paid in full.\n  (e) Any completion of a motor vehicle accident prevention course\napproved pursuant to article twelve-B of this chapter shall not serve to\nreduce the calculation of points on a person's driving record for the\npurposes of this section.\n  (f) Notwithstanding any other provision of law to the contrary,\ncommencing April first, two thousand six and ending March thirty-first,\ntwo thousand fourteen, in each year, the first forty million seven\nhundred thousand dollars of fees collected pursuant to this subdivision\nand section eleven hundred ninety-nine of this chapter, in the\naggregate, shall be paid to the state comptroller who shall deposit such\nmoney in the state treasury pursuant to section one hundred twenty-one\nof the state finance law to the credit of the general fund. Any such\nfees collected in excess of such amount shall be paid to the credit of\nthe comptroller on account of the dedicated highway and bridge trust\nfund established pursuant to section eighty-nine-b of the state finance\nlaw. Commencing April first, two thousand fourteen and for each such\nfiscal year thereafter, any such fees collected pursuant to this\nsubdivision and section eleven hundred ninety-nine of this chapter shall\nbe paid to the credit of the comptroller on account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law.\n
N.Y. PBH Law § 579 — New York Code / Act PBH / Article 5 / Title 5 / Section 579
Scope and exceptions
Status: in_force

§ 579. Scope and exceptions. 1. This title is applicable to all\nclinical laboratories and blood banks operating within the state, except\nclinical laboratories and blood banks operated by the federal government\nand clinical laboratories operated by a licensed physician, osteopath,\ndentist, midwife, nurse practitioner, optometrist performing a clinical\nlaboratory test that does not use an invasive modality as defined in\nsection seventy-one hundred one of the education law or podiatrist who\nperforms laboratory tests or procedures, personally or through his or\nher employees, solely as an adjunct to the treatment of his or her own\npatients; to the extent authorized by federal and state law, including\nthe education law.\n  2. This title shall not be applicable to and the department shall not\nhave the power to regulate pursuant to this title: (a) any examination\nperformed by a state or local government of materials derived from the\nhuman body for use in criminal identification or as evidence in a\ncriminal proceeding or for investigative purposes; (b) any test\nconducted pursuant to paragraph (c) of subdivision four of section\neleven hundred ninety-four of the vehicle and traffic law and paragraph\n(c) of subdivision eight of section 25.24 of the parks, recreation and\nhistoric preservation law; (c) any examination performed by a state or\nlocal agency of materials derived from the body of an incarcerated\nindividual, pretrial releasee, parolee, conditional releasee or\nprobationer to (i) determine, measure or otherwise describe the presence\nor absence of any substance whose possession, ingestion or use is\nprohibited by law, the rules of the department of corrections and\ncommunity supervision, the conditions of release established by the\nboard of parole, the conditions of release established by a court or a\nlocal conditional release commission or the conditions of any program to\nwhich such individuals are referred and (ii) to determine whether there\nhas been a violation thereof; or (d) any examination performed by a\ncoroner or medical examiner for the medical-legal investigation of a\ndeath. Nothing herein shall prevent the department from consulting with\nthe division of criminal justice services, the department of corrections\nand community supervision, the state police, or any other state agency\nor commission, at the request of the division of criminal justice\nservices, the department of corrections and community supervision, the\nstate police, or such other agency or commission, concerning examination\nof materials for purposes other than public health.\n  3. (a) This title shall not be applicable to any person, partnership,\ncorporation or other entity performing any waived test or\nprovider-performed microscopy procedure, provided such person,\npartnership, corporation or other legal entity: (i) holds a valid\ncertificate of registration issued by the department authorizing the\nperformance of one or more waived tests or provider-performed microscopy\nprocedures; and (ii) only performs tests authorized by the certificate\nof registration; and (iii) otherwise complies with all applicable\nrequirements of this subdivision.\n  (b) The department may issue a certificate of registration authorizing\nthe performance of one or more waived tests or provider-performed\nmicroscopy procedures for a period of up to two years if the applicant:\n(i) files a completed application with the department on such forms as\nthe commissioner may prescribe; (ii) provides documentation acceptable\nto the department demonstrating the ability to comply with the\nrequirements of this subdivision; and (iii) pays a two hundred dollar\nbiennial registration fee for each location where services are rendered;\nexcept that a voluntary ambulance service as defined in article thirty\nof the public health law and operated under section two hundred nine-b\nof the general municipal law shall be exempt from the requirement to pay\na fee to obtain this certificate of registration; and except that the\nfollowing may operate multiple locations under a single registration and\npay a single registration fee: (A) not-for-profit, state or local\ngovernment laboratories or programs engaged in limited public health\ntesting not exceeding fifteen types of tests per registration; or (B)\napplicants that maintain a fixed location in the state and are approved\nby the department to move from testing site to testing site.\n  (c) Laboratory test registrants shall: (i) provide only the tests and\nservices listed on the registration issued by the department hereunder;\n(ii) advise the department of any change in the registrant's name,\nownership, location or qualified health care professional or laboratory\ndirector designated to supervise testing within thirty days of such\nchange; (iii) provide the department with immediate access to all\nfacilities, equipment, records, and personnel as required by the\ndepartment to determine compliance with this subdivision; (iv) comply\nwith all public health law and federal requirements for reporting\nreportable diseases and conditions to the same extent and in the same\nmanner as a clinical laboratory; (v) perform one or more tests as\nrequired by the department to determine the proficiency of the persons\nperforming such tests; and (vi) designate a qualified health care\nprofessional or qualified individual holding a certificate of\nqualification pursuant to section five hundred seventy-three of this\ntitle, who shall be jointly and severally responsible for: (A)\nestablishing, approving and continuously updating policies, procedures\nand personnel qualifications for each test employed; (B) establishing a\ncomprehensive quality assurance system which includes, but is not\nlimited to, test selection, test quality, laboratory proficiency and\npersonnel competency; (C) ensuring all tests are performed in accordance\nwith the manufacturers' instructions and standards of practice in\nlaboratory medicine; (D) maintaining complete and accurate records of\nthe tests performed, including but not limited to, the patient's name,\nresults, person performing the test, and quality control data; (E)\nensuring that persons do not participate in diagnostic or treatment\ndecisions using such test results unless such persons are authorized by\nlaw to do so; (F) ensuring that provider-performed microscopy procedures\nare performed only by a qualified health care professional operating\nwithin the scope of practice for his or her profession and as part of\nthe physical examination performed by such professional; and (G)\ncomplying with other applicable laws, rules and regulations.\n  (d) A certificate of registration shall become void by a change in the\nowner of the laboratory test registrant or location of testing.\n  (e) Notwithstanding the foregoing, if the commissioner determines that\nthe performance of a particular waived test or provider-performed\nmicroscopy procedure in a facility or location which does not possess a\nNew York state clinical laboratory permit creates a risk of harm to the\nsubjects of such test, the commissioner may issue an order prohibiting\nsuch test from being performed in any location other than a permitted\nclinical laboratory, physician's office or other location exempted by\nsubdivision one or two of this section.\n  (f) Registration under this subdivision may be denied, limited,\nsuspended, revoked or annulled by the department upon a determination\nthat a laboratory services registrant: (i) failed to comply with the\nrequirements of this subdivision; (ii) provided services that constitute\nan unwarranted risk to human health; (iii) intentionally provided any\nfalse or misleading information to the department relating to\nregistration or performing laboratory services; or (iv) has demonstrated\nincompetence or shown consistent errors in the performance of\nexaminations or procedures. A registration shall not be limited,\nsuspended, revoked or annulled without a hearing conducted in accordance\nwith subdivision four of section five hundred seventy-seven of this\ntitle. However, a registration may be temporarily limited, suspended,\nrevoked or annulled without a hearing for a period not to exceed thirty\ndays upon notice to the registrant following a finding by the department\nthat the public health, safety or welfare is in imminent danger.\n  (g) The commissioner may adopt such rules and regulations as may be\nnecessary to effectuate the purposes of this subdivision.\n  (h) Any person, partnership, corporation or other entity performing\nwaived tests or provider-performed microscopy procedures without being\nauthorized to do so pursuant to this title shall be subject to a civil\npenalty of up to five hundred dollars for each test performed, not to\nexceed two thousand dollars per day for each day tests are performed, in\nviolation of this subdivision.\n  (i) All fees and civil penalties collected pursuant to this\nsubdivision shall be deposited in the special revenue account\nestablished for the receipt of inspection and reference fees collected\npursuant to section five hundred seventy-six of this title and shall be\nsubtracted from the operating expenses of the department prior to\ncalculation of such inspection and reference fees.\n
N.Y. PML Law § 1333 — New York Code / Act PML / Article 13 / Title 5 / Section 1333
Hours of operation
Status: in_force

§ 1333. Hours of operation. 1. Each gaming facility licensed pursuant\nto this article shall be permitted to operate twenty-four hours a day\nunless otherwise directed by the commission.\n  2. A gaming facility licensee shall file with the commission a\nschedule of hours prior to the issuance of an initial operation\ncertificate. If the gaming facility licensee proposes any change in\nscheduled hours, such change may not be effected until such licensee\nfiles a notice of the new schedule of hours with the commission. Such\nfiling must be made thirty days prior to the effective date of the\nproposed change in hours.\n  3. Nothing in this section shall be construed to limit a gaming\nfacility licensee in opening its casino later than, or closing its\ncasino earlier than, the times stated in its schedule of operating\nhours; provided, however, that any such alterations in its hours shall\ncomply with the provisions of subdivision one of this section and with\nregulations of the commission pertaining to such alterations.\n
N.Y. GOB Law § 5-523 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-523
Interest permitted on advances on collateral security
Status: in_force

§ 5-523. Interest permitted on advances on collateral security.  In\nany case in which advances of money, repayable on demand, to an amount\nnot less than five thousand dollars, are made upon documents of title\nwithin article seven of the uniform commercial code or negotiable\ninstruments within article three or article eight of the uniform\ncommercial code pledged as collateral security for such repayment, it\nshall be lawful to receive or to contract to receive and collect, as\ncompensation for making such advances, any sum to be agreed upon in\nwriting, by the parties to such transaction, provided that there shall\nnot be received or contracted to be received and collected on such\nadvances any amount which would be in violation of section 190.40 of the\npenal law.\n
N.Y. SOS Law § 196 — New York Code / Act SOS / Article 5 / Title 5 / Section 196
Report on needs of incarcerated individuals of public homes
Status: in_force

§ 196. Report on needs of incarcerated individuals of public homes. It\nshall be the duty of the commissioner of public welfare to report to the\nlegislative body as to the needs of the home and to make recommendations\nof any changes, improvements, additional equipment or other provision\nwhich he or she may consider necessary to provide adequate care for the\nincarcerated individuals.\n
N.Y. SOS Law § 90-A — New York Code / Act SOS / Article 3 / Title 5 / Section 90-A
Taxes for county public welfare districts
Status: in_force

§ 90-a.  Taxes for county public welfare districts.  Taxes for each\nform of assistance or care administered by the county public welfare\ndistrict shall be levied only in the territory in which the county\npublic welfare district is responsible for the administration of such\nform thereof.\n
N.Y. SOS Law § 195 — New York Code / Act SOS / Article 5 / Title 5 / Section 195
Medical care
Status: in_force

§ 195. Medical care. 1. Each incarcerated individual shall be examined\nby the attending physician or physicians as soon after admission to the\npublic home as practicable.\n  2. A medical record shall be kept for each incarcerated individual, in\nwhich shall be recorded his or her condition on admission, the\nphysician's recommendation of the type of care to be given him or her\nand any medical attention given to the incarcerated individual\nsubsequent to the examination on admission.\n  3. The physician shall be responsible for the medical care given\nincarcerated individuals who are ill, and shall give such orders as he\nconsiders necessary for their welfare. He or she shall (a) visit the\npublic home at regular intervals and shall re-examine the incarcerated\nindividuals periodically, as the need of the incarcerated individuals\nmay require,\n  (b) also visit the public home, on call of the superintendent, in case\nof the illness of any incarcerated individual,\n  (c) make such recommendations to the commissioner of public welfare as\nto changes, improvements and additional equipment as he may deem\nnecessary for the adequate care of the incarcerated individuals of such\nhome.\n  4. Any physician who accepts an appointment as attending physician to\nthe incarcerated individuals of a public home shall be obligated to\ncarry out the provisions of this section. The commissioner may dismiss\nan attending physician who fails to fulfill such duties.\n
N.Y. VAT Law § 543 — New York Code / Act VAT / Title 5 / Article 21-B / Section 543
Appointment; compensation; meetings
Status: in_force

§ 543. Appointment; compensation; meetings. 1. The members of the\nboard shall be appointed by the commissioner. Before such appointments\nare made, the commissioner shall consult with the medical society of the\nstate of New York in order to obtain their advice regarding the\nphysician appointments. The commissioner shall consult with the\noptometric council of New York state and the New York state optometric\nassociation regarding the appointment of an optometrist, and the New\nYork state psychological association regarding the appointment of a\npsychologist. The board members shall be appointed to serve three year\nterms except that four such members initially appointed shall serve one\nyear terms, five shall serve two year terms and five shall serve three\nyear terms. The commissioner shall designate the chairman of the board.\nMembers representing other specialties and interests may be appointed by\nthe commissioner upon recommendation of the board.\n  2. Board members shall serve without compensation but shall be allowed\ntheir actual and necessary expenses incurred in the performance of their\nduties.\n  3. The board shall meet at such times as the commissioner shall\ndirect.\n
N.Y. SOS Law § 96 — New York Code / Act SOS / Article 3 / Title 5 / Section 96
Use of subprofessional staff
Status: in_force

§ 96.  Use of subprofessional staff.  Any inconsistent provision of\nlaw, general, special or local notwithstanding, a local social services\ndistrict shall provide for the training and use of subprofessional\nstaff, with particular emphasis on the use of public assistance\nrecipients in accordance with state and federal requirements.\n
N.Y. ENV Law § 54-0507 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0507
State assistance application procedure
Status: in_force

§ 54-0507. State assistance application procedure.\n  1. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of a project which is within the state of New\nYork and which is eligible for state assistance pursuant to this title.\n  2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n  a. the urgency of need to provide state assistance payments for the\nproject in relation to the provision of monies for other project needs\nin the state known at the time such application is made;\n  b. any adverse environmental impact resulting from the municipal\nlandfill, including effects on groundwater; and\n  c. the ability of the municipality to pay for the costs of closure.\n  3. No monies shall be expended for non-hazardous municipal landfill\nclosure projects or municipal landfill gas management projects except\npursuant to an appropriation therefor.\n
N.Y. VAT Law § 511-A — New York Code / Act VAT / Title 5 / Article 20 / Section 511-A
Facilitating aggravated unlicensed operation of a motor vehicle
Status: in_force

§ 511-a. Facilitating aggravated unlicensed operation of a motor\nvehicle. 1. A person is guilty of the offense of facilitating aggravated\nunlicensed operation of a motor vehicle in the third degree when such\nperson consents to the operation upon a public highway of a motor\nvehicle registered in such person's name knowing or having reason to\nknow that the operator of such vehicle is a person whose license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license issued to operate such motor vehicle by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner and the vehicle is operated upon a public highway by such\nperson.\n  2. Facilitating aggravated unlicensed operation of a motor vehicle in\nthe third degree is a traffic infraction. When a person is convicted\nthereof the sentence of the court must be: (i) a fine of not less than\ntwo hundred dollars nor more than five hundred dollars or (ii) a term of\nimprisonment of not more than fifteen days, or (iii) both.\n  3. A person is guilty of facilitating aggravated unlicensed operation\nof a motor vehicle in the second degree when such person:\n  (a) commits the offense of facilitating aggravated unlicensed\noperation of a motor vehicle in the third degree as defined in\nsubdivision one of this section after having been convicted of such\noffense within the preceding eighteen months; or\n  (b) consents to the operation upon a public highway of a motor vehicle\nregistered in such person's name knowing or having reason to know that\nthe operator of such vehicle is a person who has in effect three or more\nsuspensions, imposed on at least three separate dates, for failure to\nanswer, appear or pay a fine, pursuant to subdivision three of section\ntwo hundred twenty-six or subdivision four-a of section five hundred ten\nof this chapter; or\n  (c) commits the crime of facilitating aggravated unlicensed operation\nof a motor vehicle in the third degree after having been convicted of\nsuch an offense two or more times within the preceding five years.\n  For purposes of this subdivision, "motor vehicle" shall mean any\nvehicle for hire, including a taxicab, livery, as defined in section one\nhundred twenty-one-e of this chapter, coach, limousine, van or\nwheelchair accessible van, tow truck, bus or commercial motor vehicle as\ndefined section five hundred nine-a of this chapter.\n  Facilitating aggravated unlicensed operation of a motor vehicle in the\nsecond degree is a misdemeanor. When a person is convicted of this crime\npursuant to paragraphs (a) or (b) of this subdivision, the sentence of\nthe court must be: (i) a fine of not less than five hundred dollars, nor\nmore than seven hundred fifty dollars; or (ii) a term of imprisonment\nnot to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)\nwhere appropriate, a sentence of probation; or (v) a term of\nimprisonment as a condition of a sentence of probation as provided in\nthe penal law. When a person is convicted of this crime pursuant to\nparagraph (c) of this subdivision, the sentence of the court must be:\n(i) a fine of not less than five hundred, nor more than one thousand\ndollars; or (ii) a term of imprisonment not to exceed one hundred eighty\ndays; or (iii) both a fine and imprisonment; or (iv) where appropriate,\na sentence of probation; or (v) a term of imprisonment as a condition of\nprobation as provided in the penal law.\n  4. A person is guilty of facilitating aggravated unlicensed operation\nof a motor vehicle in the first degree when such person consents to the\noperation upon a public highway of a motor vehicle registered in such\nperson's name knowing or having reason to know that the operator of such\nvehicle is a person who has in effect ten or more suspensions, imposed\non at least ten separate dates, for failure to answer, appear or pay a\nfine, pursuant to subdivision three of section two hundred twenty-six or\nsubdivision four-a of section five hundred ten of this chapter.\n  For purposes of this subdivision, "motor vehicle" shall mean any\nvehicle for hire, including a taxicab, livery, as defined in section one\nhundred twenty-one-e of this chapter, coach, limousine, van or\nwheelchair accessible van, tow truck, bus or commercial motor vehicle as\ndefined in section five hundred nine-a of this chapter.\n  Facilitating aggravated unlicensed operation of a motor vehicle in the\nfirst degree is a class E felony. When a person is convicted of this\ncrime, the sentence of the court must be: (i) a fine in an amount not\nless than one thousand dollars nor more than five thousand dollars; and\n(ii) a term of imprisonment as provided in the penal law; or (iii) where\nappropriate, a sentence of probation; or (iv) a term of imprisonment as\na condition of a sentence of probation as provided in the penal law.\n  5. Upon a conviction of a violation of subdivision three or four of\nthis section the commissioner shall revoke the registration of the motor\nvehicle for which the defendant's consent is given and shall only be\nrestored pursuant to the provisions of subdivision five of section five\nhundred ten of this article. If such defendant is a corporation,\npartnership, association or other group, none of its officers,\nprincipals, directors or stockholders owning more than ten percent of\nthe outstanding stock of the corporation shall be eligible to register\nthe motor vehicle.\n
N.Y. VAT Law § 509-T — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-T
Record of violations
Status: in_force

§ 509-t. Record of violations. Each commercial motor carrier shall, at\nleast every twelve months, require each commercial driver it employs to\nprepare and furnish it with a record of all violations of motor vehicle\ntraffic laws and ordinances (other than violations involving only\nparking) of which such driver has been convicted or on account of which\nthe commercial driver has forfeited bond or collateral during the\npreceding twelve months in accordance with rules and regulations of the\ncommissioner of transportation.\n
N.Y. PBH Law § 3369-A — New York Code / Act PBH / Article 33 / Title 5-A / Section 3369-A
Regulations
Status: in_force

* § 3369-a. Regulations. The commissioner shall make regulations to\nimplement this title.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. SOS Law § 410-P — New York Code / Act SOS / Article 6 / Title 5-B / Section 410-P
Definitions
Status: in_force

§ 410-p. Definitions. As used in this title, the term:\n  1. "Agency" shall mean a not-for-profit corporation or group of\nnot-for-profit corporations.  With respect to any county for which no\nappropriate not-for-profit corporation or group of corporations has\nsubmitted a proposal, such term shall mean a statewide or regional\nnot-for-profit corporation which establishes such a corporation or shall\nmean a local governmental entity which provides the services authorized\nby this title;\n  2.  "Resource and referral program" shall mean an agency funded\npursuant to this title to provide services specified in section four\nhundred ten-r of this title within a defined geographic area;\n  3. "Early childhood services" shall mean services which include, but\nare not limited to, registered, certified or licensed care in family day\ncare homes, group family day care homes, school-age child care programs;\nhead start programs, day care centers; child care which may be provided\nwithout a permit, certificate or registration in accordance with this\nstatute;  early childhood education programs approved by the state\neducation department; and care provided in a children's camp as defined\nin section one thousand four hundred of the public health law;\n  4. "Required resource and referral services" shall mean those services\nlisted in subdivision one of section four hundred ten-q of this title\nwhich must be provided by each child care resource and referral program\nto parents and other guardians, child care and early childhood services\nproviders, employers and communities within the geographic area served\nby the program, to the extent funds are available for such services;\n  5. "Enhanced services" shall mean additional or more intensive levels\nof services as listed in subdivision two of section four hundred ten-q\nof this title, which an agency agrees to provide in order to receive\nadditional funding pursuant to this title;\n  6. "Parent" or "Parents" shall mean and include biological and\nadoptive parents, guardians or other persons in parental relationship to\na child.\n
N.Y. EDN Law § 3816 — New York Code / Act EDN / Title 5 / Article 77 / Section 3816
Duty of trustees or board of education to carry out order
Status: in_force

§ 3816. Duty of trustees or board of education to carry out order.  It\nshall be the duty of the trustees or board of education of any school\ndistrict, within thirty days after service upon them or upon the\ndistrict clerk of a copy of an order of the county judge and notice\nthereof to them or any two of them, to cause the same to be entered at\nlength in the book of record of said district, and to raise the amount\nthereby directed to be paid, by a tax upon the district, to be by them\nassessed and levied in the same manner as a tax voted by the district.\n
N.Y. SOS Law § 410-L — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-L
Foreclosures and judgments
Status: in_force

§ 410-l.  Foreclosures and judgments.  1.  In any foreclosure action\nthe commissioner shall be made a party defendant.  He shall take all\nsteps necessary to protect the interests of the public therein and no\ncosts shall be awarded against him.  Foreclosures shall not be decreed\nunless the court to which application is made shall be satisfied that\nthe interests of the lienholder or holders cannot be adequately assured\nexcept by the sale of the property.  In any such proceeding, the court\nshall be authorized to appoint the commissioner as receiver of the\nproperty, or to grant such other and further relief as may be reasonable\nand proper.\n  2.  Notwithstanding the foregoing provisions of this section, wherever\nit shall appear that the agency shall have loaned on a mortgage which is\na first lien upon any such property, such agency shall have all the\nremedies available to a mortgagee under the laws of the state of New\nYork, free from any restrictions contained in this section, except that\nthe commissioner shall be made a party defendant and that the\ncommissioner shall take all steps necessary to protect the interests of\nthe public and no costs shall be awarded against him.\n  3.  In the event of a judgment against an eligible borrower in any\naction not pertaining to the collection of a mortgage indebtedness,\nthere shall be no sale of any of the real property of such eligible\nborrower except upon sixty days' written notice to the commissioner and\nthe agency.  Upon receipt of such notice the commissioner and the agency\nshall take such steps as in their judgment may be necessary to protect\nthe rights of all parties.\n
N.Y. VAT Law § 541 — New York Code / Act VAT / Title 5 / Article 21-B / Section 541
Purpose
Status: in_force

§ 541. Purpose. The medical advisory board shall advise the\ncommissioner on medical criteria and vision standards for the licensing\nof drivers.\n
N.Y. ENV Law § 11-0505 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0505
Interference with fish and wildlife
Status: in_force

§ 11-0505. Interference with fish and wildlife.\n  1. a. Except as permitted by the department, no person shall obstruct\nthe passage of fish in any stream or river by a screen or otherwise. The\ndepartment may order such obstruction removed by the person erecting the\nsame or by the owner of the land on which it is located. A copy of the\norder shall be served on such person or owner and failure to comply with\nits terms within ten days after service thereof shall be deemed a\nviolation of this subdivision. This subdivision shall not apply to dams\nheretofore or hereafter erected.\n  b. Flumes or raceways in streams stocked with fish by the state shall\nbe screened as the department may direct.\n  2. No person shall:\n  a. hold back or divert water in any stream which supplies a state\nhatchery so as to prevent the flow of sufficient water for hatchery\npurposes, or\n  b. take fish from the waters of any state hatchery operated by the\ndepartment, except under the authority of the department.\n  * 3. No deer or bear traps shall be made, set or used upon land\ninhabited by deer or bear. No salt lick shall be made, set or used upon\nland inhabited by deer or bear, except that:\n  a. the department may do so on state wildlife refuges and wildlife\nmanagement areas; and\n  b. a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this title may do so provided that such activities\nare in furtherance of the site-specific deer management plan.\n  c. a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this title may do so provided that such activities\nare in furtherance of the site-specific deer management plan.\n  * NB Effective until January 1, 2027\n  * 3. No deer or bear traps shall be made, set or used upon land\ninhabited by deer or bear. No salt lick shall be made, set or used upon\nland inhabited by deer or bear, except that the department may do so on\nstate wildlife refuges and wildlife management areas.\n  * NB Effective January 1, 2027\n  4. No person shall use any device which prevents frogs from having\nfree access to and egress from water.\n  5. No person shall rob or wilfully destroy a nest of any protected\nbirds unless a permit shall first be obtained from the department.\n  6. Except as permitted by the department, no person shall at any time\ndisturb a beaver dam, house or den or a muskrat house or den or any\nstructure constructed by a muskrat in which it can take shelter.\n  7. No person shall at any time disturb a nest box or any structure\nconstructed for the purpose of harboring wild birds whether or not such\nstructure is inhabited by wild birds, except for annual maintenance of\nsuch structure or when deemed necessary by the owner of the property\nwhereupon such structure is located.\n  8. No person shall place, give, expose, deposit, distribute or scatter\nany substance with the intent to attract or entice deer to feed within\nthree hundred feet of a public highway. Normal agricultural practice of\nplanting, cultivating or harvesting and the feeding of deer held captive\nfor agricultural purposes or the feeding of deer held captive in zoos\nand wildlife parks shall not be considered attracting or enticing deer\nto feed for the purposes of this section.\n  * 9. A nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this title may, in accordance with the parameters of\nsuch permit and the consultation of local law enforcement, entice deer\nin the manner prohibited in subdivision eight of this section provided\nthat such activities are in furtherance of the site-specific deer\nmanagement plan.\n  * NB Repealed January 1, 2027\n  * 10. A nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this title may, in accordance with the parameters\nof such permit and the consultation of local law enforcement, entice\ndeer in the manner prohibited in subdivision eight of this section\nprovided that such activities are in furtherance of the site-specific\ndeer management plan.\n  * NB Repealed January 1, 2027\n