N.Y. EDN Law § 2554 — New York Code / Act EDN / Title 2 / Article 52 / Section 2554
Powers and duties of board of education
Status: in_force

§ 2554. Powers and duties of board of education. * Subject to the\nprovisions of this chapter, the board of education in a city, except the\ncity board of the city of New York, shall have the power and it shall be\nits duty:\n  * NB Effective until June 30, 2028\n  * Subject to the provisions of this chapter, the board of education in\na city shall have the power and it shall be its duty:\n  * NB Effective June 30, 2028\n  1. To perform any duty imposed upon boards of education or trustees of\ncommon schools under this chapter or other statutes, or the rules of the\nregents and regulations of the commissioner of education so far as they\nmay be applicable to the school or other educational affairs of a city,\nand not inconsistent with the provisions of this article, except that\nthe provisions of subdivision six of section sixteen hundred four and\nsubdivision eight of section seventeen hundred nine of this chapter\nshall not be applicable to a board of education in any city having a\npopulation of over thirty-five thousand in which the title to the school\nproperty is vested in the city.\n  2. To create, abolish, maintain and consolidate such positions,\ndivisions, boards or bureaus as, in its judgment, may be necessary for\nthe proper and efficient administration of its work; to appoint a\nsuperintendent of schools, such associate, assistant, district and other\nsuperintendents, examiners, directors, supervisors, principals,\nteachers, lecturers, special instructors, medical inspectors, nurses,\nauditors, attendance officers, secretaries, clerks, custodians, janitors\nand other employees and other persons or experts in educational, social\nor recreational work or in the business management or direction of its\naffairs as said board shall determine necessary for the efficient\nmanagement of the schools and other educational, social, recreational\nand business activities; provided, however, that in the city school\ndistricts of the cities of Buffalo, Rochester, and Syracuse appointment\nof associate, assistant and district superintendents, and other\nsupervising staff who are excluded from the right to bargain\ncollectively pursuant to article fourteen of the civil service law\nshall, within the amounts budgeted for such positions, be by the\nsuperintendent of such city school district; and to determine their\nduties except as otherwise provided herein.\n  2-a. a. In its discretion to adopt a resolution establishing the\noffice of claims auditor and appoint a claims auditor who shall hold his\nor her position subject to the pleasure of the board. In its discretion,\nthe board may adopt a resolution establishing one or more offices of\ndeputy claims auditor who shall act as claims auditor in the absence of\nthe claims auditor. Such claims auditor shall report directly to the\nboard of education. No person shall be eligible for appointment to the\noffice of claims auditor or deputy claims auditor who shall be\n  (1) a member of the board of education;\n  (2) a clerk or treasurer of the board of education;\n  (3) the superintendent of schools or other official of the district\nresponsible for business management;\n  (4) the person designated as purchasing agent; or\n  (5) clerical or professional personnel directly involved in accounting\nand purchasing functions of the school district.\n  b. The positions of claims auditor or deputy claims auditor shall be\nclassified in the exempt class of civil service. The board of education,\nat any time after the establishment of the office of claims auditor or\ndeputy claims auditor, may adopt a resolution abolishing the office.\nWhen the office of claims auditor shall have been established and a\nclaims auditor shall have been appointed and shall have qualified, the\npowers and duties of the board of education with respect to auditing\naccounts, charges, claims or demands against the city school district\nshall devolve upon and thereafter be exercised by such claims auditor,\nduring the continuance of the office. The board of education shall be\npermitted to delegate the claims audit function to one or more\nindependent entities by using (1) inter-municipal cooperative\nagreements, or (2) independent contractors, to fulfill this function.\n  c. When the board of education delegates the claims audit function\nusing an inter-municipal cooperative agreement, shared service\nauthorized by section nineteen hundred fifty of this title, or an\nindependent contractor, the board shall be responsible for auditing all\nclaims for services from the entity providing the delegated claims\nauditor, either directly or through a delegation to a different\nindependent entity.\n  * 3. To appoint, in a city having a population of one million or more,\nnotwithstanding the provisions of any local laws or charter to the\ncontrary, a superintendent of schools emeritus, whose duty it shall be\nto consult and advise with the educational officers as and when\nrequested by the superintendent of schools. No person shall be eligible\nfor such appointment unless he shall have served in the positions of\nsuperintendent of schools, associate superintendent and district\nsuperintendent or assistant superintendent, and whose total period of\nservice in such position shall have been at least ten years in a city\nhaving a population of one million or more. He shall receive for the\nduration of his life such annual salary as the board of education and\nthe mayor or like financial authority shall determine at the time of his\nappointment, but he shall not receive a retirement allowance or any\nother benefit from the teachers' retirement system or any other pension\nfund, and upon his death his beneficiaries and/or his estate shall not\nbe entitled to any benefits from any pension fund as a result of his\nservice.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  4. To have the care, custody, control and safekeeping of all school\nproperty or other property of the city used for educational, social or\nrecreational work and not specifically placed by law under the control\nof some other body or officer, and to prescribe rules and regulations\nfor the preservation of such property.\n  * 5. To dispose, in the city of New York, of such personal property\nused in the schools and other buildings of the city of New York under\nthe charge of the board of education of such city as shall no longer be\nrequired for use therein. Such disposition shall be made in the name of\nthe city of New York and for such city.\n  Such board may sell, at prices as may be agreed upon, such\nmanufactured articles or other products of any of its schools, day and\nevening, as may not be utilized by the board of education and all moneys\nrealized by the sale thereof shall be paid into the city treasury and\nshall at once be appropriated by the city to a special fund to be\nadministered by the board of education for such purposes as such board,\nin its discretion, may determine. All other moneys realized by the sale\nof personal property shall be paid into the city treasury and shall at\nonce be appropriated by the city to the special school fund of the board\nof education for use in the borough in which the property sold was\nsituated.\n  Such method of disposal shall be deemed not to apply to the\ndisposition of school books pursuant to subdivision eight of this\nsection.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  6. To lease property required for the purpose of furnishing school\naccommodations for schools administered by the board of education and to\nprepare and execute leases therefor. To be eligible for aid pursuant to\nsubdivision six of section thirty-six hundred two of this chapter, any\nsuch lease shall be approved by the commissioner prior to execution; the\nleased space shall meet requirements for access by individuals with\ndisabilities to both facilities and programs, as defined in regulations\nof the commissioner; the requirements set forth in paragraphs a, b, c, d\nand f of subdivision one of section four hundred three-b of this chapter\nshall be met, except for the requirement of voter approval; and the\nleased space shall be used to house programs for pupils in grades\nprekindergarten through twelve, other than programs funded pursuant to\nsection forty-four hundred ten of this chapter, with minimal associated\nadministrative and support services space as approved by the\ncommissioner.\n  7. To purchase and furnish such apparatus, maps, globes, books,\nfurniture and other equipment and supplies as may be necessary for the\nproper and efficient management of the schools and other educational,\nsocial and recreational activities and interests under its management\nand control. To provide textbooks or other supplies to all the children\nattending the schools of such cities in which free textbooks or other\nsupplies were lawfully provided prior to June eighth, nineteen hundred\nseventeen.\n  * 7-a. To develop a plan to ensure that all instructional materials to\nbe used in the schools of the district are available in a usable\nalternative format for each student with a disability, as defined in\nsection forty-four hundred one of this chapter, and for each student who\nis a qualified individual with a disability as defined in the\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701), as\namended, in accordance with his or her educational needs and course\nselection, at the same time as such instructional materials are\navailable to non-disabled students. As part of such plan, the board of\neducation shall amend its procurement policies to give a preference in\nthe purchase of instructional materials to vendors who agree to provide\nmaterials in alternative formats. For purposes of this subdivision,\n"alternative format" shall mean any medium or format for the\npresentation of instructional materials, other than a traditional print\ntextbook, that is needed as an accommodation for a disabled student\nenrolled in the school district, including but not limited to Braille,\nlarge print, open and closed captioned, audio, or an electronic file in\nan approved format, as defined in the regulations of the commissioner.\nWhen an electronic file is provided, the plan shall specify how the\nformat will be accessed by students and/or how the district shall\nconvert to an accessible format. Such plan shall identify the needs of\nstudents residing in the district for alternative format materials. Such\nplan shall also specify ordering timelines to ensure that alternative\nformat materials are available at the same time as regular format\nmaterials. Such plans shall include procedures to address the need to\nobtain materials in alternative format without delay for disabled\nstudents who move into the school district during the school year.\n  * NB Effective until June 30, 2028\n  * 7-a. To develop a plan to ensure that all instructional materials to\nbe used in the schools of the district are available in a usable\nalternative format for each student with a disability, as defined in\nsection forty-four hundred one of this chapter, and for each student who\nis a qualified individual with a disability as defined in the\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\namended, in accordance with his or her educational needs and course\nselection, at the same time as such instructional materials are\navailable to non-disabled students; provided that in the city school\ndistrict of the city of New York, such plan shall be developed by the\nchancellor of the city district. As part of such plan, the board of\neducation shall amend its procurement policies to give a preference in\nthe purchase of instructional materials to vendors who agree to provide\nmaterials in alternative formats. For purposes of this subdivision,\n"alternative format" shall mean any medium or format for the\npresentation of instructional materials, other than a traditional print\ntextbook, that is needed as an accommodation for a disabled student\nenrolled in the school district, including but not limited to Braille,\nlarge print, open and closed captioned, audio, or an electronic file in\nan approved format, as defined in the regulations of the commissioner.\nWhen an electronic file is provided, the plan shall specify how the\nformat will be accessed by students and/or how the district shall\nconvert to an accessible format. Such plan shall identify the needs of\nstudents residing in the district for alternative format materials. Such\nplan shall also specify ordering timelines to ensure that alternative\nformat materials are available at the same time as regular format\nmaterials. Such plans shall include procedures to address the need to\nobtain materials in alternative format without delay for disabled\nstudents who move into the school district during the school year.\n  * NB Effective June 30, 2028\n  * 8. To dispose of, in the city of New York, to the best advantage of\nthe city of New York, either by sale or on the basis of money allowance\nfor waste paper all books delivered to the several public schools of\nsuch city that have been discarded either by reason of being obsolete,\nno longer required by the course of study, worn by long usage or\nmutilated by accident. If disposal is made by sale it shall be to the\nhighest bidder and the money realized shall be paid into the city\ntreasury and shall at once be appropriated by the city to the special\nschool fund of the board of education entitled "supplies". If disposal\nis made on the basis of money allowance for waste paper, it shall be to\nthe highest bidder. Such discarded books may be disposed of without\npublic advertisement or entry into a formal contract. Should the\ndiscarded books be in such condition that no sale or exchange can be\nmade, or should there be reason to believe that such discarded books\nhave become infected through disease among the pupils, or should the\nsuperintendent of schools certify that such discarded books contain\nerroneous, inaccurate, obsolete or antiquated subject matter,\nillustrations, maps, charts or other material, the committee on supplies\nof the board of education, if such books cannot be sold, given away or\notherwise salvaged as waste paper without danger to the public health,\nmay authorize their destruction by fire, in which event the\nsuperintendent of school supplies shall obtain and file in his office a\ncertificate that such books have been so destroyed, signed by the\nprincipal of the school in which the books are located.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  9. To establish and maintain such free elementary schools, high\nschools, training schools, vocational and industrial schools,\nkindergartens, nursery schools, technical schools, night schools,\npart-time or continuation schools, vocation schools, schools for adults,\nschools for physically or mentally handicapped or delinquent children or\nsuch other schools or classes as such board shall deem necessary to meet\nthe needs and demands of the city.\n  10. To establish and maintain libraries which may be open to the\npublic, to organize and maintain public lecture courses, and to\nestablish and equip playgrounds, recreation centers, social centers, and\nreading rooms from such funds as the education law or other statutes\nauthorize and the state appropriates for such purposes, and from such\nother funds as may be provided therefor from local taxation or other\nsources.\n  11. To authorize the general courses of study which shall be given in\nthe schools and to approve the content of such courses before they\nbecome operative.\n  12. To authorize and determine the textbooks to be used in the schools\nunder its jurisdiction.\n  13. a. To prescribe such regulations and by-laws as may be necessary\nto make effectual the provisions of this chapter and for the conduct of\nthe proceedings of said board and the transaction of its business\naffairs, for the general management, operation, control, maintenance and\ndiscipline of the schools, and of all other educational, social or\nrecreational activities and other interests under its charge or\ndirection.\n  * b. In a city having a population of one million or more, the city\nboard shall prescribe such regulations and by-laws authorizing the\nchancellor to exercise such of its administrative and ministerial powers\nas the board may deem necessary to make effectual the provisions of this\nchapter and for the general management, operation, control, maintenance\nand discipline of schools, and of all other educational, social or\nrecreational activities and other interests under its charge or\ndirection. If in the exercise of its discretion and in order better to\ndischarge its policy-making and other functions and to provide for the\nefficient administration of the educational system, the board delegates\nany of its administrative and ministerial powers to the chancellor, such\nchancellor shall exercise such delegated powers in the same manner and\nwith the same force and effect as if such powers were given to him under\nthe provisions of the education law.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  * 14. To provide in the schools administered by the board of education\nof the city of New York, the proper book or books, in form as required\nby the by-laws of the board of education of such city, in which it shall\ncause the class teachers under the direction and supervision of the\nprincipal to enter the names, ages and residences of the pupils\nattending the school, the name of the parent or guardian of each pupil\nand the days on which the pupils shall have attended respectively, and\nthe aggregate attendance of each pupil during the year, and also the day\nupon which the school shall have been visited by the superintendent of\nschools or by an associate superintendent of schools or by an assistant\nsuperintendent, or by members of the board of education, or by members\nof the local school board, or by any of them, which entry shall be\nverified by such oath or affirmation of the principal as may be\nprescribed by the board of education of such city. Such books shall be\npreserved as the property of such board of education and shall at all\ntimes be open to inspection by members of such board of education, by\nmembers of the local school boards and by the superintendent of schools,\nor by any associate superintendent of schools, or by the assistant\nsuperintendents.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  15. a. To perform such other duties and possess such other powers as\nmay be required to administer the affairs placed under its control and\nmanagement, to execute all powers vested in it, and to promote the best\ninterests of the schools and other activities committed to its care, and\nto authorize, or in its discretion to conduct, and maintain such extra\nclassroom activities, including the operation of cafeterias or\nrestaurant service for pupils and teachers, as the board, from time to\ntime, shall deem proper. Such cafeterias or restaurant service may be\nused by the community for school related functions and activities and to\nfurnish meals to the elderly residents, sixty years of age or older, of\nthe district. Such utilization shall be subject to the approval of the\nboard of education. Charges shall be sufficient to meet the direct cost\nof preparing and serving such meals, reducible by available\nreimbursements.\n  * b. In a city having a population of one million or more, the board\nof education shall make rules and regulations for the conduct, operation\nand maintenance of extra classroom activities and for the safeguarding,\naccounting and audit of all moneys received and derived therefrom. In\nthe case of any extra classroom activity as it shall deem proper, and\nnotwithstanding the provisions of section twenty-five hundred thirty of\nthis chapter, it may direct that the moneys received or derived from the\nconduct, operation or maintenance of such an extra classroom activity be\ndeposited with the auditor of the board of education, who in such event\nshall be the treasurer of such an extra classroom activity, the moneys\nof which are required to be so deposited. In the procurement of articles\nand services for the conduct, operation and maintenance of a cafeteria\nor restaurant service, the board of education shall be subject to the\nprovisions of subdivision ten of section twenty-five hundred six of this\nchapter, except that said board of education need not have duly\nadvertised for estimates in order to contract for such articles or\nservices in an amount exceeding one thousand dollars. In such a city,\nthe board of education shall also have power to assign any of its\nofficers or employees to perform such duties as it may prescribe in\nconnection with an extra classroom activity and to designate such of its\nofficers and employees when so assigned from whom a bond shall be\nrequired for faithful performance of their duties and to fix the sum in\nwhich each such bond shall be given.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  c. For the purposes of this section, a general organization of\nstudents of a school conducted under the rules and regulations of the\nboard of education or with its approval, and engaged in extra classroom\nactivities other than the operation of a cafeteria or restaurant service\nshall be known as a student organization. Unless such student\norganization is required by the board of education to deposit with the\nauditor the moneys received or derived from carrying on such extra\nclassroom activity, such moneys shall be subject to the use and\ndisposition of such student organization under the rules and regulations\nprescribed by the board of education.\n  * d. The board of education in a city having a population of one\nmillion or more shall inquire into the origin of all moneys or other\nproperty in the possession of any student organization, on March\ntwenty-third, nineteen hundred thirty-six, and all such moneys which the\nboard of education may find to have been derived from the operation of a\ncafeteria or restaurant service, it may require to be deposited with the\nauditor of the board of education and applied to the conduct and\noperation of a cafeteria or restaurant service, or other extra classroom\nactivity, in such manner and to such extent as the board of education\nmay direct.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  * (e) In order to facilitate operation of the school lunch programs\nadministered by the board of education of the city of New York, better\nto serve the public interest, all persons employed in a cafeteria or\nlunchroom in any high school under the jurisdiction of this board for\none year prior to the date this section takes effect, shall, because of\ntheir special training, experience and efficiency, and, notwithstanding\nany provisions to the contrary in any general, special or local law, be\ncontinued in the employment of this board without competitive\nexamination, provided the necessary funds for such continued employment\nare appropriated by the board. The positions so held by such employees\nshall be in the noncompetitive class. The New York city civil service\ncommission, however, after notice to any such employee of the reasons\ntherefore, and after according such employee a hearing, may exclude him\nfrom further employment if found by the commission not to be a person of\nsatisfactorily good character. Not later than one year after this\nsection shall take effect, the commission shall determine for which of\nsuch positions competitive examinations shall have become feasible, and\nshall thereupon reclassify the various positions, with the approval of\nthe mayor and the state civil service commission. The then incumbents of\nsuch positions shall continue to hold their positions without further\nexamination, provided, however, that all subsequent appointments to such\npositions shall be made in accordance with the civil service law and\nrules.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  16. To compensate, in its discretion, teachers and other employees for\nloss of personal property but shall provide workmen's compensation\ncoverage as provided in the workmen's compensation law for all teachers\nand other employees for injuries incurred in actual performance of duty\nand with respect to teachers and other employees for whom such workmen's\ncompensation coverage is not required in cities of one million or more\npopulation, to provide in its discretion for reasonable medical and\nhospital expenses for injuries incurred in actual performance of duty on\nor after July first, nineteen hundred sixty-two.\n  16-a. In its discretion, to provide under a group insurance policy or\npolicies issued by any insurance company or insurance companies\nauthorized to do business in this state or under a group contract issued\nby one or more corporations subject to article forty-three of the\ninsurance law, life insurance or accident and health insurance benefits\nor medical and surgical benefits or hospital service benefits or any two\nor more of such kinds of benefits to teachers and other employees of the\nschool district who participate in a plan or plans, as hereinafter\nprovided. The disbursing officer of the school district is authorized to\ndeduct from the salary of such participant with his prior consent, in\nwriting, the sums representing the participant's share of the premium or\npremiums which are payable by such officer to such insurance company or\ncorporation. Such board of education is authorized to pay from such\nmoneys as are available for the purpose, a share of the cost of such\nbenefit or benefits in such amount as is required to be paid under such\ngroup insurance policy or policies or group contract or contracts by the\nboard of education, as employer. The sum to be paid by the board of\neducation under such policy or policies or contract or contracts, in the\ndiscretion of such board may be any percentage of the total cost of the\nbenefit or benefits including the whole thereof.\n  Notwithstanding any provisions of this chapter, subdivision\nthirty-one-a of section one thousand six hundred four, subdivision\nthirty-four-a of section one thousand seven hundred nine and subdivision\nten-a of section two thousand five hundred three of the education law\nand this subdivision shall not apply to a city having a population of\none million or more inhabitants.\n  16-b. In its discretion, to purchase insurance against personal\ninjuries incurred by an authorized participant in a school volunteer\nprogram, including but not limited to, those authorized participants who\nassist on school buses, school sponsored transportation to and from\nschool, or on school sponsored field trips or any other school sponsored\nactivity; provided, however, that the injuries were incurred while the\nauthorized participant was functioning either within the scope of his or\nher authorized volunteer duties or under the direction of the board of\neducation, trustee, or board of cooperative educational services, or\nboth.\n  * 17. To maintain, in the city of New York, through such\nrepresentatives as it may designate, an effective visitation and\ninspection of all schools and classes maintained in institutions\ncontrolled by the department of correction of the city of New York.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  18. To provide transportation, home-teaching or special classes, as\ndefined under sections forty-four hundred one and forty-four hundred two\nof this chapter for physically or mentally handicapped and delinquent\nchildren. Such transportation, home-teaching or special classes, when\nprovided pursuant to this subdivision, shall be granted to all such\nchildren irrespective of the school they legally attend.\n  19. To provide by contract for the transportation of children to and\nfrom any school or institution of learning whenever in its judgment such\ntransportation is required because of the remoteness of the school to\nthe pupil or for the promotion of the best interests of such children.\nAny such contract may be made for a period not exceeding five years,\nnotwithstanding any provision of any charter or other provision of law\ninconsistent herewith.\n  19-a. In its discretion, to lease a motor vehicle or vehicles for the\ntransportation of children of the district under the same terms and\nconditions as the board of education of a union free school district,\nprovided, however that no voter approval shall be required.\n  19-b. To establish a minority scholarship recruitment program by the\nboard of education of the city of Buffalo.\n  20. To provide, outside the territorial limits of the city school\ndistrict but within the state or within an adjoining state, for the\neducation of children resident within the city school district whenever\nin the judgment of the board of education, approved by the commissioner\nof education, the health or welfare of such children makes such\nprovision necessary or desirable, and the average daily attendance of\nsuch pupils shall be included in the average daily attendance of such\ndistrict as certified to the commissioner in the report of the board of\neducation.\n  * 21. To assign, in its discretion, one or more employees of the board\nin a city having a population of one million or more to serve as trial\nexaminer with power to conduct investigations and hearings on behalf of\nsuch board. Each trial examiner shall report the result of any such\ninvestigation or hearing to the board.\n  * NB Repealed July 1, 2002 and revived on June 30, 2028\n  22. To provide, in its discretion, compensation to a speaker or\nspeakers at commencement day exercises in such amount as may be\ndetermined by the board.\n  23. In its discretion, and with the written consent of any employee,\nto deduct from the salary of such employee such amount as may be agreed\nto by such employee for payment to any credit union doing business in\nthe state of New York as such employee may designate. Any such written\nauthorization may be withdrawn by such employee at any time.\n  * 24. Each year, the board of education shall prepare a school\ndistrict report card, pursuant to regulations of the commissioner, and\nshall make it publicly available by transmitting it to local newspapers\nof general circulation, appending it to copies of the proposed budget\nmade publicly available as required by law, making it available for\ndistribution at the annual meeting, and otherwise disseminating it as\nrequired by the commissioner. Such report card shall include measures of\nthe academic performances of the school district, on a school by school\nbasis, and measures of the fiscal performance of the district, as\nprescribed by the commissioner. Pursuant to regulations of the\ncommissioner the report card shall also compare these measures to\nstatewide averages for all public schools, and statewide averages for\npublic schools of comparable wealth and need, developed by the\ncommissioner. Such report card shall include, at a minimum, any\ninformation on the school district regarding pupil performance and\nexpenditure per pupil required to be included in the annual report by\nthe regents to the governor and the legislature pursuant to section two\nhundred fifteen-a of this chapter; and any other information required by\nthe commissioner. School districts (i) identified as having fifteen\npercent or more of their students in special education, or (ii) which\nhave fifty percent or more of their students with disabilities in\nspecial education programs or services sixty percent or more of the\nschool day in a general education building, or (iii) which have eight\npercent or more of their students with disabilities in special education\nprograms in public or private separate educational settings shall\nindicate on their school district report card their respective\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\nthis subdivision as compared to the statewide average.\n  * NB Effective until June 30, 2028\n  * 24. In every city school district in a city having a population of\nless than one million inhabitants, each year, the board of education\nshall prepare a school district report card, pursuant to regulations of\nthe commissioner, and shall make it publicly available by transmitting\nit to local newspapers of general circulation, appending it to copies of\nthe proposed budget made publicly available as required by law, making\nit available for distribution at the annual meeting, and otherwise\ndisseminating it as required by the commissioner. Such report card shall\ninclude measures of the academic performances of the school district, on\na school by school basis, and measures of the fiscal performance of the\ndistrict, as prescribed by the commissioner. Pursuant to regulations of\nthe commissioner the report card shall also compare these measures to\nstatewide averages for all public schools, and statewide averages for\npublic schools of comparable wealth and need, developed by the\ncommissioner. Such report card shall include, at a minimum, any\ninformation on the school district regarding pupil performance and\nexpenditure per pupil required to be included in the annual report by\nthe regents to the governor and the legislature pursuant to section two\nhundred fifteen-a of this chapter; and any other information required by\nthe commissioner. School districts (i) identified as having fifteen\npercent or more of their students in special education, or (ii) which\nhave fifty percent or more of their students with disabilities in\nspecial education programs or services sixty percent or more of the\nschool day in a general education building, or (iii) which have eight\npercent or more of their students with disabilities in special education\nprograms in public or private separate educational settings shall\nindicate on their school district report card their respective\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\nthis subdivision as compared to the statewide average.\n  * NB Effective June 30, 2028\n  25. a. Shall require, for purposes of a criminal history record check,\nthe fingerprinting of all prospective employees pursuant to section\nthree thousand thirty-five of this chapter, who do not hold valid\nclearance pursuant to such section or pursuant to section three thousand\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history records search. Every set of\nfingerprints taken pursuant to this subdivision shall be promptly\nsubmitted to the commissioner for purposes of clearance for employment.\n  b. Upon the recommendation of the superintendent, the board may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by paragraph a of this\nsubdivision. Such appointment shall not commence until notification by\nthe commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted, the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n  c. Upon the recommendation of the superintendent, the board may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph b of this subdivision must\nalso be initiated. Emergency conditional appointment may commence prior\nto notification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted, the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\ndistrict is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff. The provisions of\nsubparagraph (i) of this paragraph shall not apply if the board finds\nthat the district has been unable to fill the vacancy despite good faith\nefforts to fill such vacancy in a manner which would have allowed\nsufficient time for clearance or conditional clearance.\n  d. Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n  * NB Effective until June 30, 2028\n  * 25. Shall require, for purposes of a criminal history record check,\nexcept in the city school district of the city of New York, the\nfingerprinting of all prospective employees pursuant to section three\nthousand thirty-five of this chapter, who do not hold valid clearance\npursuant to such section or pursuant to section three thousand four-b of\nthis chapter or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history records search. Every set of\nfingerprints taken pursuant to this subdivision shall be promptly\nsubmitted to the commissioner for purposes of clearance for employment.\n  * NB Effective June 30, 2028\n  * 26. Shall, upon commencement and termination of employment of an\nemployee by the city school district, provide the commissioner with the\nname of and position held by such employee.\n  * NB Effective until June 30, 2028\n  * 26. Shall, except in the city school district of the city of New\nYork, upon commencement and termination of employment of an employee by\nthe city school district, provide the commissioner with the name of and\nposition held by such employee.\n  * NB Effective June 30, 2028\n  27. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n  * 28. To pass a resolution, in the discretion of the board of such\ndistrict, authorizing the entering of an agreement with the city within\nsuch district, for the installation and use of school bus photo\nviolation monitoring systems pursuant to section eleven hundred\nseventy-four-a of the vehicle and traffic law, provided that the\npurchase, lease, installation, operation and maintenance, or any other\ncosts associated with such cameras shall not be considered an aidable\nexpense pursuant to section thirty-six hundred twenty-three-a of this\nchapter.\n  * NB Repealed December 1, 2029\n
N.Y. PBA Law § 535 — New York Code / Act PBA / Article 3 / Title 2 / Section 535
Bonds and notes legal investments for fiduciaries
Status: in_force

§ 535. Bonds and notes legal investments for fiduciaries. The bonds\nand notes are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, all administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them. The bonds and\nnotes are also hereby made securities which may be deposited with and\nshall be received by all public officers and bodies of this state and\nall municipalities and municipal subdivisions for any purpose for which\nthe deposit of bonds or other obligations of this state is now or may\nhereafter be authorized.\n
N.Y. RPT Law § 421-J*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 421-J*2
Exemption of capital improvements to multiple dwelling buildings within certain cities
Status: in_force

* § 421-j. Exemption of capital improvements to multiple dwelling\nbuildings within certain cities. 1. Multiple dwelling buildings,\nreconstructed, altered, converted back to an owner occupied single\nfamily dwelling or any owner occupied multiple dwelling located in any\ncity having a population of more than fifteen thousand five hundred\ninhabitants but less than sixteen thousand inhabitants, determined in\naccordance with the latest federal decennial census, that is reduced to\nat most two units by such reconstruction subsequent to the effective\ndate of a local law pursuant to this section shall be exempt from\ntaxation and special ad valorem levies to the extent provided\nhereinafter. After a public hearing, the governing board of such city\nmay adopt a local law to grant the exemption authorized pursuant to this\nsection. A copy of such local law shall be filed with the commissioner\nand the assessor of such city who prepares the assessment roll on which\nthe taxes of such city are levied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such reconstruction, alteration or\nimprovement and for an additional period of seven years subject to the\nfollowing:\n  (i) The extent of such exemption shall be decreased by twelve and\none-half percent of the "exemption base" each year during such\nadditional period. The "exemption base" shall be the increase in\nassessed value as determined in the initial year of the term of the\nexemption, except as provided in subparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) Such exemption shall be limited to one hundred thousand dollars\nin increased market value, or such other sum less than one hundred\nthousand dollars, but not less than ten thousand dollars as may be\nprovided by the local law or resolution, of the property attributable to\nsuch reconstruction, alteration or improvement and any increase in\nmarket value greater than such amount shall not be eligible for the\nexemption pursuant to this section. For the purposes of this section,\nthe market value of the reconstruction, alteration or improvement shall\nbe equal to the increased assessed value attributable to such\nreconstruction, alteration or improvement divided by the most recently\nestablished state equalization rate for such city. Where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, the increase in assessed value attributable to such\nreconstruction, alteration or improvement shall be deemed to equal the\nmarket value of such reconstruction, alteration or improvement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or converted improvement was\ncommenced subsequent to the effective date of the local law adopted\npursuant to subdivision one of this section by such city; and\n  (ii) the value of such reconstruction, alteration or improvement\nexceeds five thousand dollars; and\n  (iii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. For the purposes of this section, an owner occupied multiple\ndwelling building shall mean any building or structure designed and\noccupied as the temporary or permanent residence or home of two or more\nfamilies, including the owner of such building.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  7. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing owner occupied multiple\nresidence structure to prevent physical deterioration of the structure\nor to comply with applicable building, sanitary, health and/or fire\ncodes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  * NB There are 2 § 421-j's\n
N.Y. PBA Law § 3410 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3410
Monies of the corporation
Status: in_force

§ 3410. Monies of the corporation. All monies of the corporation from\nwhatever source derived shall be paid to the treasurer of the\ncorporation and shall be deposited forthwith in a bank or banks\ndesignated by the corporation.  The monies in such accounts shall be\npaid out or withdrawn on the order of such person or persons as the\ncorporation may authorize to make such requisitions.  All deposits of\nsuch monies shall be secured by obligations of the United States or of\nthe state or of any municipality of a market value equal at all times to\nthe amount on deposit and all banks and trust companies are authorized\nto give such security for such deposits.  Alternatively, monies of the\ncorporation may be deposited in money market funds rated in the highest\nshort term or long term rating category by at least one nationally\nrecognized rating agency.  To the extent practicable, consistent with\nthe cash requirements of the corporation, all such monies shall be\ndeposited in interest bearing accounts. The corporation shall have\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any bonds as to the custody, collection, security,\ninvestment and payment of any monies of the corporation or any monies\nheld in trust or otherwise for the payment of bonds or any way to secure\nbonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such monies may be secured in the same\nmanner as monies of the corporation and all banks and trust companies\nare authorized to give such security for such deposits. Any monies of\nthe corporation not required for immediate use or disbursement may, at\nthe discretion of the corporation, be invested in accordance with\nguidelines established by the corporation's board and amended from time\nto time. Subject to the provisions of any contract with bondholders and\nwith the approval of the state comptroller, the corporation shall\nprescribe a system of accounts.\n
N.Y. ENV Law § 72-0202 — New York Code / Act ENV / Article 72 / Title 2 / Section 72-0202
Collection of annual program fees
Status: in_force

§ 72-0202. Collection of annual program fees.\n  1. Bills issued for the air quality control, hazardous waste, and\nstate pollutant discharge elimination system annual program fees due for\nthe state fiscal year beginning April first, nineteen hundred\neighty-five shall cover the period April first, nineteen hundred\neighty-five through December thirty-first, nineteen hundred eighty-five.\nThe fee for the period April first, nineteen hundred eighty-five through\nDecember thirty-first, nineteen hundred eighty-five shall be equal to\nthree-quarters of the amount calculated in the manner prescribed by\nsections 72-0302, 72-0402 and 72-0602 of this article.\n  2. Air quality control, hazardous waste, and state pollutant discharge\nelimination system program fees for periods beginning after December\nthirty-first, nineteen hundred eighty-five shall be calculated based\nupon the calendar year.\n  3. Waste transporter program fees shall be calculated based upon the\npermit year.\n
N.Y. PBA Law § 1355 — New York Code / Act PBA / Article 6 / Title 2 / Section 1355
Orders, service thereof and penalties
Status: in_force

§ 1355. Orders, service thereof and penalties. The authority may make,\nand cause to be served upon any corporation or individual, within the\nport district, excepting the city of Oswego and the town of Scriba, any\nreasonable order which it may determine to be necessary for the proper\ndevelopment, maintenance and use of the port, relating to the\nconstruction, equipment, repair, maintenance, use and rental of any\ndock, wharf, slip, terminal, warehouse or industrial project owned or\nleased by any such corporation or individual within the district. There\nshall be served with a copy of the order a notice specifying a day, not\nless than ten days after such service, when such corporation or\nindividual may appear before the authority, present written objections\nto the making of the order and be heard on such objections. If no such\nobjections are filed within the time stated, or if the order be\nsustained as the result of such hearing, either in its original or\nmodified form, such order shall be final, subject only to review by a\ncourt of competent jurisdiction. When an order of the authority shall\nbecome final, including the termination of any court proceeding\nsustaining the order, or of the time for beginning such a proceeding if\nnone be brought, if the corporation or individual shall fail to obey it,\nor if any corporation or individual shall violate a lawful rule of the\nauthority, the authority may commence and maintain an action or\nproceeding in an appropriate court having jurisdiction, for the purpose\nof having such disobedience to an order or violation of a rule prevented\nor obedience enforced, either by mandamus or injunction.\n
N.Y. RPT Law § 336 — New York Code / Act RPT / Article 3 / Title 2 / Section 336
Statement of disclosure for assessors
Status: in_force

§ 336. Statement of disclosure for assessors. 1. Definitions. When\nused in this section and unless otherwise expressly stated or unless the\ncontext otherwise requires:\n  a. The term "appropriate body" or "appropriate bodies" shall mean:\n  (i) in the case of any municipal corporation which has created or\nhereafter creates a board of ethics or conflicts of interests board\nwhich is in existence at the time an annual statement of disclosure is\ndue, and which has been designated by local law, ordinance, or\nresolution to be the repository for completed statements of financial\ndisclosure, such board of ethics or conflicts of interests board;\n  (ii) in the case of any municipal corporation which has created or\nhereafter creates a board of ethics or conflicts of interests board\nwhich is in existence at the time an annual statement of disclosure is\ndue, and which has not been designated by local law, ordinance, or\nresolution to be the repository for completed statements of financial\ndisclosure, such board of ethics or conflicts of interests board;\n  (iii) in the case of any municipal corporation for which no board of\nethics or conflicts of interests board is in existence at the time an\nannual statement of disclosure is due, the clerk of the county in which\nsuch municipal corporation is located; and\n  (iv) in the case of a consolidated assessing unit, the board of\ndirectors thereof.\n  b. "Assessor" has the meaning defined therefor in subdivision three of\nsection one hundred two of this chapter and includes any other municipal\nofficer or employee engaged in the assessment of real property for\npurposes of taxation and also includes a municipal officer or employee\nassigned professional appraisal duties which relate to the assessment of\nreal property for purposes of taxation.\n  c. "Statement of disclosure" shall mean a statement disclosing (i) the\ndescription of any real property owned by the assessor in the assessing\nunit or in any contiguous municipal corporation. For purposes of this\nsubparagraph of disclosure, "property owned by" means any property in\nwhich the assessor has a financial interest in excess of one thousand\ndollars, whether such property is owned by the assessor directly or\nthrough a corporation in which the assessor is an officer or in which\nthe assessor owns more than five percent of the shares. It shall be\nsufficient to meet the requirements for this item of disclosure if the\nassessor shall state the acreage of the property, the square footage of\nany structure on the property, the use whether residential or commercial\nto which the structure is put, the municipal corporation in which it is\nlocated, and the general section of the municipal corporation (north,\nsouth, east, west, center); (ii) the name of any employer and the\nposition held; (iii) the name of any corporation of which the assessor\nis (A) an officer, director or employee, or (B) in which the assessor\nowns more than five percent of the shares and the position of the\nassessor; (iv) a description of any self-employment (if it provided more\nthan two thousand dollars of gross income in the previous calendar\nyear); (v) if the assessor is licensed to practice any profession by the\nstate of New York, and the assessor practices such profession, the\nnature of the practice and the types of business in which the clients\nengage. For the purposes of this subparagraph of disclosure, it shall be\nsufficient to describe the types of business in which the clients engage\nas a broad category encompassing the majority of the assessor's clients;\n(vi) types of gifts, except gifts from relatives, of more than fifty\ndollars in value; (vii) persons or firms to whom money in the amount of\nmore than one thousand dollars is owed not including credit cards or\nbank loans; and (viii) persons or firms, except relatives, who owe the\nassessor an amount in excess of one thousand dollars. With respect to\nany such subparagraph of disclosure, the assessor shall also provide\ninformation with respect to the members of the assessor's immediate\nfamily, unless, after a reasonable effort by the assessor, the spouse or\nother immediate family member refused to disclose such information, in\nwhich case, the statement shall so state such refusal. Such statement\nshall not require the disclosure of any values of property or amounts of\ncompensation.\n  2. Posting of statute. The chief executive officer of each municipal\ncorporation shall cause a copy of this section to be kept posted in a\npublic building under the jurisdiction of his or her municipal\ncorporation where public notices are generally posted in the municipal\ncorporation. Failure to post any such copy shall have no effect on the\nduty of compliance with this section, nor with the enforcement of the\nprovisions thereof.\n  3. Filing of statement of disclosure by assessors. Notwithstanding the\nprovisions of any general, special, or local law to the contrary, each\nassessor, except an assessor who is compensated in an amount of less\nthan twenty thousand dollars annually in the aggregate for serving as an\nassessor or who is required to file an annual statement of financial\ndisclosure by an appropriate body as provided for in article eighteen of\nthe general municipal law, shall file an annual statement of disclosure\nwith the appropriate body, as defined in this section, on the fifteenth\nday of May. Such statement of disclosure shall contain the information\nand shall be in the form set forth hereinbelow:\n1. Name_______________________________________________________________\n2. (a) Title of Position______________________________________________\n   (b) Department, Agency or other Governmental Entity________________\n   (c) Address of Present Office______________________________________\n   (d) Office Telephone Number________________________________________\n3. (a) If married, please give spouse's full name including maiden name\n   where applicable.\n                                                                       .\n   (b) List the names of all unemancipated children.\n   _____________________________________________________________________\n   _____________________________________________________________________\n   _____________________________________________________________________\n   _____________________________________________________________________\n   _____________________________________________________________________\n   Answer each of the following questions completely, with respect to\n   the calendar year ending the December 31st preceding the date of\n   filing of this statement of disclosure unless another period or date\n   is otherwise specified. If additional space is needed, attach\n   additional pages.\n   1. Describe any real property in which you have a financial interest\n   greater than $1,000 (whether owned by you or owned through a\n   corporation in which you are an officer or in which you own more than\n   5% of the shares) in the assessing unit or in any contiguous\n   municipal corporation:\n   a. Acreage of the property:\n   b. Square footage of any structure or structures on the property:\n   c. Municipal corporation in which located:\n   d. General area of municipal corporation in which the property is\n   located (north, south, east, west, central):\n   e. Use of structure (residential, commercial, industrial):\n   2. Name any employer other than the municipal corporation in which\n   you are employed as assessor and the position you hold:\n   3. Name any corporation in which a) you are an officer, director or\n   employee, or b) in which you own more than five percent of the shares\n   and give your position in it:\n   4. Describe any self-employment (if it provided more than two\n   thousand dollars of gross income in the previous calendar year):\n   5. If you are licensed to practice any profession by the state of New\n   York, and you practice that profession, give the nature of the\n   practice and the general types of business in which your clients\n   engage:\n   a. Type of profession (e.g., lawyer, real estate broker, pharmacist):\n   b. General types of business in which a majority of your clients\n   engage (e.g., real estate development, general practice, healthcare,\n   general business):\n   6. Types of gifts, except gifts from immediate family or relatives\n   within the third degree of consanguinity or affinity, of more than\n   fifty dollars in value:\n   7. Persons or firms to whom money in the amount of more than one\n   thousand dollars is owed not including credit cards or bank loans;\n   and\n   8. Persons or firms, except relatives, who owe you an amount in\n   excess of one thousand dollars.\n  4. Other laws. No local law, ordinance, or resolution shall be adopted\nwhich is inconsistent with the provisions of this section.\n
N.Y. RPT Law § 847 — New York Code / Act RPT / Article 8 / Title 2 / Section 847
Alternative county tax apportionment
Status: in_force

§ 847. Alternative county tax apportionment. 1. Notwithstanding the\nprovisions of section eight hundred forty-four of this title, any county\nto which this title is applicable, and which includes a designated large\nproperty, as determined by the commissioner, may provide by annual\nresolution, adopted on or before November first of each year, that taxes\nto be levied for the upcoming fiscal year shall be apportioned to each\ncity or town in accordance with the provisions set forth in this\nsection.\n  2. A designated large property is real property consisting of one\nparcel on an assessment roll or multiple parcels on an assessment roll\nunder common ownership that meet all of the following criteria:\n  (a) the large property constitutes five percent or more of the total\nassessed value used to establish the latest state equalization rate and\nconstitutes five percent or more of the total assessed value of a school\ndistrict segment of the city or town;\n  (b) the full value estimate of the large property used by the\ncommissioner to establish the latest state equalization rate is at least\nfive million dollars; and\n  (c) the percentage difference between the latest state equalization\nrate and the apportionment equalization rate computed pursuant to\nsubdivision four of this section is at least five percent.\n  3. Within five days of the establishment of the latest final state\nequalization rate, the commissioner shall notify both the appropriate\ncounty and the assessing unit of such designation. Such notice shall\ncontain instructions for the apportionment of the tax levy in accordance\nwith the provisions of subdivision seven of this section and shall\ncontain an apportionment rate computed in accordance with subdivision\nfour of this section.\n  4. The apportionment rate shall be the latest final state equalization\nrate, computed exclusive of the total assessed value or full value\nestimate of the designated large property.\n  5. If there is a change in level of assessment between the assessment\nroll for which the latest final state equalization rate is established\nand the assessment roll upon which the county tax is levied, the\napportionment rate for county tax apportionment purposes shall be\nadjusted by multiplying the apportionment rate by the change in level of\nassessment.\n  6. Within five days of receiving notification from the commissioner\nthat a designated large property exists, the assessor shall certify to\nthe county the assessed value of the designated large property for the\npurpose of apportioning and levying taxes. A copy of such certificate\nshall also be provided to the commissioner.\n  7. The county shall apportion and levy its taxes as follows:\n  (a) The tax shall be apportioned in accordance with the provisions of\nthis title.\n  (b) The amount of tax to be raised from the designated large property\nshall be determined by multiplying the appropriate assessed value tax\nrate determined in accordance with paragraph (a) of this subdivision by\nthe taxable assessed value of the designated large property within the\ncounty. This shall be the amount of the tax levied upon the designated\nlarge property.\n  (c) The amount of tax for the designated large property determined in\nparagraph (b) of this subdivision shall be subtracted from the total\namount of real property tax to be raised throughout the county.\n  (d) The resulting tax levy from paragraph (c) of this subdivision\nshall be reapportioned among all other property within the county,\nexclusive of the designated large property. This reapportionment shall\nbe done in accordance with this title, except that:\n  (i) The assessed value of the designated large property shall be\nsubtracted from the assessed value of the appropriate city or town\nsegment used in the initial apportionment of the tax in paragraph (a) of\nthis subdivision.\n  (ii) The apportionment rate shall be used for the city or town\ncontaining the designated large property.\n  (iii) For all cities and towns not containing the designated large\nproperty, the assessed values and equalization rates shall be the same\namounts used in paragraph (a) of this subdivision.\n  (e) Separate assessed value tax rates shall be determined for the\ndesignated large property and the other property within the city or town\nwhere the designated large property is located.\n  (f) In the event that there are multiple designated large properties\nwithin the county, the amount of tax to be levied upon each designated\nlarge property to be determined in paragraph (b) of this subdivision\nshall be summed and treated as one amount for determining the amount of\ntax to be raised from the remaining property in paragraph (c) of this\nsubdivision.\n
N.Y. PML Law § 1316 — New York Code / Act PML / Article 13 / Title 2 / Section 1316
Minimum license thresholds
Status: in_force

§ 1316. Minimum license thresholds. No applicant shall be eligible to\nreceive a gaming license unless the applicant meets the following\ncriteria and clearly states as part of an application that the applicant\nshall:\n  1. in accordance with the design plans submitted with the licensee's\napplication to the board, invest not less than the required capital\nunder this article into the gaming facility;\n  2. own or acquire, within sixty days after a license has been awarded,\nthe land where the gaming facility is proposed to be constructed;\nprovided, however, that ownership of the land shall include a tenancy\nfor a term of years under a lease that extends not less than sixty years\nbeyond the term of the gaming license issued under this article;\n  3. meet the licensee deposit requirement;\n  4. demonstrate that it is able to pay and shall commit to paying the\ngaming licensing fee;\n  5. demonstrate to the commission how the applicant proposes to address\nproblem gambling concerns, workforce development and community\ndevelopment and host and nearby municipality impact and mitigation\nissues;\n  6. identify the infrastructure costs of the host municipality incurred\nin direct relation to the construction and operation of a gaming\nfacility and commit to a community mitigation plan for the host\nmunicipality;\n  7. identify the service costs of the host municipality incurred for\nemergency services in direct relation to the operation of a gaming\nfacility and commit to a community mitigation plan for the host\nmunicipality;\n  8. pay to the commission an application fee of one million dollars to\ndefray the costs associated with the processing of the application and\ninvestigation of the applicant; provided, however, that if the costs of\nthe investigation exceed the initial application fee, the applicant\nshall pay the additional amount to the commission within thirty days\nafter notification of insufficient fees or the application shall be\nrejected and further provided that should the costs of such\ninvestigation not exceed the fee remitted, any unexpended portion shall\nbe returned to the applicant;\n  9. comply with state building and fire prevention codes;\n  10. formulate for board approval and abide by an affirmative action\nprogram of equal opportunity whereby the applicant establishes specific\ngoals for the utilization of minorities, women and veterans on\nconstruction jobs.\n
N.Y. EDN Law § 2590-B — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-B
Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, Englis...
Status: in_force

* § 2590-b. Continuation of city board and establishment of community\ndistricts; establishment of the city-wide councils on special education,\nEnglish language learners, high schools, and district seventy-five. 1.\n(a) The board of education of the city school district of the city of\nNew York is hereby continued.\n  (1) (A) Such board of education shall consist of thirteen appointed\nmembers: one member to be appointed by each borough president of the\ncity of New York; and eight members to be appointed by the mayor of the\ncity of New York.\n  (B) Commencing on July first, two thousand twenty, the board of\neducation shall consist of fifteen members: one member to be appointed\nby each borough president of the city of New York, one member to be\nelected by community district education council presidents, and nine\nmembers to be appointed by the mayor of the city of New York. On or\nbefore December thirty-first, two thousand nineteen, the chancellor\nshall promulgate regulations establishing a process for community\ndistrict education council presidents to elect a member of the board,\nand processes for removal of such member and for the filling of such\nposition in the event of a vacancy. The first member elected by\ncommunity district education council presidents pursuant to such\nregulations shall take office on July first, two thousand twenty and\nshall serve a term that ends on June thirtieth, two thousand twenty-two.\nThereafter, the member elected by community district education council\npresidents shall serve for a two year term commencing on July first.\n  (C) Commencing on January fifteenth, two thousand twenty-three, the\nboard of education shall consist of twenty-three voting members: one\nmember to be appointed by each borough president of the city of New\nYork; five members, one from each borough of the city of New York, to be\nelected by community district education council presidents; and thirteen\nmembers to be appointed by the mayor of the city of New York. The term\nof the first member elected by community district education council\npresidents pursuant to clause (B) of this subparagraph shall be extended\nand end on January fourteenth, two thousand twenty-three. On or before\nDecember first, two thousand twenty-two, the chancellor shall promulgate\nregulations establishing a process for community district education\ncouncil presidents to elect members of the board, and processes for\nremoval of such members and for the filling of such positions in the\nevent of a vacancy. All appointed members and members elected by the\ncommunity education council presidents pursuant to such regulations\nshall take office on January fifteenth, two thousand twenty-three and\nshall serve a term that ends on June thirtieth, two thousand\ntwenty-three. Thereafter, appointed members and the members elected by\ncommunity district education council presidents shall serve for a one\nyear term commencing on July first.\n  (D) Commencing on July first, two thousand twenty-four, the board of\neducation shall consist of twenty-four voting members: one member to be\nappointed by each borough president of the city of New York; five\nmembers, one from each borough of the city of New York, to be elected by\ncommunity district education council presidents; one independent member\nwho shall serve as chair of the board and who shall be selected as\nestablished in subparagraph three of this paragraph; and thirteen\nmembers to be appointed by the mayor of the city of New York. The\ninitial term of the chair selected pursuant to subparagraph three of\nthis paragraph shall commence on September fifteenth, two thousand\ntwenty-four and shall end on September fourteenth, two thousand\ntwenty-five; thereafter the chair shall serve for a one-year term\ncommencing on September fifteenth. The chancellor shall continue\nregulations promulgated under clause (C) of this subparagraph\nestablishing a process for community district education council\npresidents to elect members of the board, and processes for removal of\nsuch members and for the filling of such positions in the event of a\nvacancy. Appointed members and members elected by community district\neducation council presidents pursuant to clause (C) of this subparagraph\nand commencing a term on July first, two thousand twenty-four shall\nserve a term that ends on June thirtieth, two thousand twenty-five.\nThereafter, appointed members and the members elected by community\ndistrict education council presidents shall serve for a one-year term\ncommencing on July first.\n  (2) The chancellor and comptroller of the city of New York shall serve\nas ex-officio non-voting members of the city board.\n  (3) The independent member who shall serve as chair of the board shall\nbe selected by the mayor of the city of New York from among three\nqualified candidates, one nominated by the speaker of the assembly, one\nnominated by the majority leader of the senate, and one nominated by the\nchancellor of the board of regents. If the mayor of the city of New York\nshall not accept any of the three candidates, up to two additional\ngroups of three will be submitted to the mayor of the city of New York\nfor consideration. The mayor of the city of New York must select a\ncandidate from among the nominees no later than September fifteenth of\neach year. An individual selected to serve as chair may be reappointed\nby the mayor of the city of New York to serve an additional one-year\nterm, provided such reappointment will be made on or before June\nthirtieth of each year, and provided further that no individual may\nserve as chair for more than two terms consecutively. If the individual\nserving as chair is not reappointed by the mayor of the city of New\nYork, is term limited pursuant to this subparagraph, or the role of\nchair becomes vacant for any reason, the selection of a new member to\nserve as chair will be completed through the process as established in\nthis subparagraph.\n  (4) All appointed members shall serve for a one year term, provided\nthat any member may be removed for good cause, provided that voting\nagainst the appointing authority's direction shall not be cause for\nremoval, by the appointing authority, who shall provide written notice\nto the member and public explaining the reasons therefor at least ten\ndays in advance of the removal and provide the member a full and fair\nopportunity to refute such reasons before removal.\n  (5) Except for the chancellor, no board members shall be employed in\nany capacity by the city of New York, or a subdivision thereof, or the\ncity board.\n  (6) No appointed or elected member of the city board shall also be a\nmember, officer, or employee of any public corporation, authority, or\ncommission where the mayor of the city of New York has a majority of the\nappointments.\n  (7) Each borough president's appointee shall be a resident of the\nborough for which the borough president appointing him or her was\nelected and shall be the parent of a child attending a public school\nwithin the city school district of the city of New York.\n  (8) Each mayoral appointee shall be a resident of the city and four\nshall be parents of a child attending a public school within the city\ndistrict, provided that at least one appointee shall be the parent of a\nchild with an individualized education program, at least one appointee\nshall be the parent of a child who is in a bilingual or English as a\nsecond language program conducted pursuant to section thirty-two hundred\nfour of this chapter, and at least one appointee shall be the parent of\na child who is attending a district seventy-five school or program.\n  (9) All parent members shall be eligible to continue to serve on the\ncity board for two years following the conclusion of their child's\nattendance at a public school within the city district.\n  (10) Any vacancy other than by an expiration of term shall be filled\nby appointment by the appropriate appointing authority within ninety\ndays of such vacancy and shall serve for the remainder of the unexpired\nterm.\n  (11) Notwithstanding any provision of local law, the members of the\nboard shall not have staff, offices, or vehicles assigned to them or\nreceive compensation for their services, but shall be reimbursed for the\nactual and necessary expenses incurred by them in the performance of\ntheir duties.\n  (12) Every appointed and elected member of the city board shall,\nwithin the first three months of his or her term, complete a minimum of\nsix hours of training on the financial oversight, accountability and\nfiduciary responsibilities of a city board member, as well as a training\ncourse on the powers, functions and duties of the city board.\n  (b) The city board shall hold at least one regular public meeting per\nmonth. At least one regular public meeting shall be held in each borough\nof the city of New York per year; any additional meetings may be called\nat the request of the chairperson. The city board shall consider\nappropriate public accommodations when selecting a venue so as to\nmaximize participation by parents and the community.\n  (c) (i) Notice of the time, place and agenda for all city board\nregular public meetings shall be publicly provided, including via the\ncity board's official internet web site, and specifically circulated to\nall community superintendents, community district education councils,\ncommunity boards, and school based management teams, at least ten\nbusiness days in advance of such meeting.\n  (ii) A city board regular public meeting agenda shall be comprised of\na list and brief description of the subject matter being considered,\nidentification of all items subject to a city board vote, and the name,\noffice, address, email address and telephone number of a city district\nrepresentative, knowledgeable on the agenda, from whom any information\nmay be obtained and to whom written comments may be submitted concerning\nitems on such agenda.\n  (iii) A city board meeting that includes an item subject to a city\nboard vote related to approval of a school closure or significant change\nin school utilization including the phase-out, grade reconfiguration,\nre-siting, or co-location of a school pursuant to paragraph h of\nsubdivision one of section twenty-five hundred ninety-g of this article\nshall be held in the borough of the city of New York where the school\nthat is subject to such proposed school closing or significant change in\nschool utilization is located.\n  (d) The chairperson of the city board shall ensure that at every\nregular public meeting there is a sufficient period of time to allow for\npublic comment on any topic on the agenda prior to any city board vote.\n  (e) Minutes of all city board regular public meetings shall be made\npublicly available, including via the city board's official internet\nwebsite, in a timely manner but no later than the subsequent regular\ncity board meeting.\n  2. (a) There shall be a community council for each community district\ncreated pursuant to this article.\n  (b) The city board shall define, adjust, alter, maintain and adopt the\nboundaries of the community districts pursuant to this chapter no later\nthan February first, nineteen hundred ninety-five. There shall be no\nless than thirty nor more than thirty-seven community districts.\n  (c) The city board may readjust or alter the districts in such plan\nonly once in every ten years, commencing with the year two thousand\nfour. The city board in conjunction with the chancellor and the\ncommunity council representatives, shall prepare and make public a plan\nto ensure the smooth transition of pupils and school personnel, creation\nof new boards, and allocation of school facilities and resources among\nthe districts established pursuant to paragraph (b) of this subdivision.\nPrior to the adoption of the transition plan, the city board shall hold\none or more public hearings in each borough. The city board shall make\nthe transition plan available not less than three weeks before the first\nsuch public hearing. Upon receipt of comments, the city board, in\nconjunction with the chancellor and the community council\nrepresentatives, shall prepare a revised transition plan, if necessary\nand make such plan available to the public for comment.\n  3. (a) The redistricting advisory study group established prior to the\neffective date of this paragraph for the purpose of study and making\nrecommendations on community school district boundaries, is hereby\ncontinued and shall perform the duties required herein.\n  (b) The study group shall prepare a report containing recommendations\nfor dividing the city into no more than thirty-seven community\ndistricts.\n  (c) In preparation of its recommendations for dividing the city into\ncommunity districts, the study group shall ensure that the\nrecommendations provide for the most effective delivery of educational\nservices and shall be guided by the following criteria:\n  (1) each community district shall: (i) be a suitable size for\nefficient policy-making and economic management; (ii) contain a\nreasonable number of pupils; (iii) be compact and contiguous, contained\nwithin county lines, and to the maximum extent possible, keep intact\ncommunities and neighborhoods; and (iv) bear a rational relationship to\ngeographic areas for which the city of New York plans and provides\nservices;\n  (2) to the extent possible, keep existing lines intact;\n  (3) the common and special education needs of the communities and\nschool children involved;\n  (4) effective utilization of existing and planned school facilities;\n  (5) minimum disruption of existing and planned elementary\nschool-junior high/middle school-high school feeder patterns;\n  (6) transportation facilities;\n  (7) additional administrative costs involved in the creation of such\nnew districts; and\n  (8) ensure fair and effective representation of racial and language\ngroups pursuant to the Voting Rights Act of 1965, as amended;\n  (9) notwithstanding the provisions of this subparagraph and\nsubparagraphs one through eight of this paragraph: (i) the residents of\nthe county of New York in school district ten as it existed prior to the\nimplementation of this paragraph shall continue to remain in school\ndistrict ten as such district is comprised; (ii) the boundaries of\ncommunity district thirty-one shall continue to remain as they are\ncurrently comprised; and (iii) no county shall have fewer community\nschool districts than in existence on the effective date of this\nparagraph.\n  (d) The study group shall hold one or more public hearings in each\nborough before final adoption of its recommendations. The study group\nshall make its recommendations available to the public for inspection\nand comment not less than one month before the first such public\nhearing. Following its consideration of the comments received on the\nrecommendations, the study group shall prepare a report containing its\nfinal recommendations. The study group shall submit its report to the\ncity board and make such report available to the public for inspection\nno later than November first, nineteen hundred ninety-four.\n  (e) The city board of education shall hold public hearings in each\nborough on the recommendations submitted by the study group and may\nadopt, revise or reject in whole or in part such recommendations, or,\nmay request the study group to submit adjusted recommendations. The\nfinal recommendations shall be adopted by the city board of education no\nlater than February first, nineteen hundred ninety-five to take effect\nJuly first, nineteen hundred ninety-six, provided that such revised\nboundaries adopted by the city board pursuant to this chapter shall be\nused for purposes of community school board elections to be held on the\nfirst Tuesday in May, nineteen hundred ninety-six.\n  (f) Provided, however, that the city board may make minor adjustments,\n(i) to correct errors that may occur in the district lines adopted by\nthe city board, or (ii) upon showing a change in circumstances. Any such\nlimited revisions to community school district lines may occur between\nthe effective date of this paragraph and the city board readjustment\nscheduled in the year two thousand four.\n  (g) No public hearings required pursuant to this subdivision shall be\nheld during the months of July and August. All public hearings shall be\nheld at a time and place designated to maximize community and parent\nparticipation. Notice of all such public hearings shall be provided in a\ntimely manner to all print and electronic media and shall be widely\ndistributed to all interested parties, so as to maximize participation\nby parents and the community. In addition such notice shall be posted in\neach school building and district office.\n  4. a. There shall be a city-wide council on special education created\npursuant to this section. The city-wide council on special education\nshall consist of eleven voting members and one non-voting member, as\nfollows:\n  (1) nine voting members who shall be parents of students with\nindividualized education programs, to be selected by parents of students\nwith individualized education programs pursuant to a representative\nprocess developed by the chancellor. Such members shall serve a two year\nterm;\n  (2) two voting members appointed by the public advocate of the city of\nNew York, who shall be individuals with extensive experience and\nknowledge in the areas of educating, training or employing individuals\nwith handicapping conditions and will make a significant contribution to\nimproving special education in the city district. Such members shall\nserve a two year term; and\n  (3) one non-voting member who is a high school senior with an\nindividualized education program, appointed by the administrator\ndesignated by the chancellor to supervise special education programs.\nSuch member shall serve a one year term.\n  b. The city-wide council on special education shall have the power to:\n  (1) advise and comment on any educational or instructional policy\ninvolving the provision of services for students with disabilities;\n  (2) advise and comment on the process of establishing committees\nand/or subcommittees on special education in community school districts\npursuant to section forty-four hundred two of this chapter;\n  (3) issue an annual report on the effectiveness of the city district\nin providing services to students with disabilities and making\nrecommendations, as appropriate, on how to improve the efficiency and\ndelivery of such services; and\n  (4) hold at least one meeting per month open to the public and during\nwhich the public may discuss issues facing students with disabilities.\n  c. Vacancies shall be filled for an unexpired term by the city-wide\ncouncil on special education, pursuant to a process developed by the\nchancellor that shall include consultation with parents of students with\nindividualized educational programs; provided however, that where a\nvacancy occurs in a position appointed by the public advocate, the\npublic advocate shall appoint a member to serve the remainder of the\nunexpired term.\n  5. (a) There shall be a city-wide council on English language learners\ncreated pursuant to this section. The city-wide council on English\nlanguage learners shall consist of eleven voting members and one\nnon-voting member, as follows:\n  (i) nine voting members who shall be parents of students who are in a\nbilingual or English as a second language program conducted pursuant to\nsection thirty-two hundred four of this chapter, some of whom may be\nparents of students who have been in such a program within the preceding\ntwo years, to be selected by parents of students who receive such\nservices pursuant to a representative process developed by the\nchancellor. Such members shall serve a two year term;\n  (ii) two voting members appointed by the public advocate of the city\nof New York, who shall be individuals with extensive experience and\nknowledge in the education of English language learners and will make a\nsignificant contribution to improving bilingual and English as a second\nlanguage programs in the city district. Such members shall serve a two\nyear term; and\n  (iii) one non-voting member who is a high school senior who is or has\nbeen in a bilingual or English as a second language program, appointed\nby the administrator designated by the chancellor to supervise such\nprograms. Such member shall serve a one year term.\n  (b) The city-wide council on English language learners shall have the\npower to:\n  (i) advise and comment on any educational or instructional policy\ninvolving bilingual or English as a second language programs;\n  (ii) issue an annual report on the effectiveness of the city district\nin providing services to English language learners and making\nrecommendations, as appropriate, on how to improve the efficiency and\ndelivery of such services; and\n  (iii) hold at least one meeting per month open to the public and\nduring which the public may discuss issues facing English language\nlearners.\n  (c) Vacancies shall be filled for an unexpired term by the city-wide\ncouncil on English language learners, pursuant to a process developed by\nthe chancellor that shall include consultation with parents of students\nwho receive services for English language learners; provided however,\nthat where a vacancy occurs in a position appointed by the public\nadvocate, the public advocate shall appoint a member to serve the\nremainder of the unexpired term.\n  6. (a) There shall be a city-wide council on high schools created\npursuant to this section. The city-wide council on high schools shall\nconsist of thirteen voting members and one non-voting member, as\nfollows:\n  (i) ten voting members who shall be parents of students attending\npublic high schools. For councils whose terms begin prior to two\nthousand twenty, two members representing each borough shall be selected\nby presidents and officers of the parents' associations or\nparent-teachers' associations in the relevant borough, pursuant to a\nprocess established by the chancellor. For councils whose terms begin in\ntwo thousand twenty-one and thereafter, two members representing each\nborough shall be parents of public high school students in the relevant\nborough, pursuant to a process established by the chancellor. Such\nmembers shall serve a two year term, and shall be eligible to continue\nserving their term following the conclusion of their child's attendance\nat a public high school;\n  (ii) one voting member who shall be a parent of a high school student\nwith an individualized education program. Such member shall be appointed\nby the city-wide council on special education, and shall serve a two\nyear term;\n  (iii) one voting member who shall be a parent of a student in a\nbilingual or English as a second language program conducted in a public\nhigh school. Such member shall be appointed by the city-wide council on\nEnglish language learners, and shall serve a two year term;\n  (iv) one voting member appointed by the public advocate of the city of\nNew York, who shall be a resident of the city and shall have extensive\nbusiness, trade, or education experience and knowledge who will make a\nsignificant contribution to improving education in the city district.\nSuch member shall serve for a term of two years; and\n  (v) one non-voting member who is a public high school senior,\nappointed by the chancellor pursuant to a process developed by the\nchancellor.  Such member shall serve a one year term.\n  Officers of parents' associations or parent-teachers' associations who\nare candidates in the selection process established by the chancellor\npursuant to this subdivision shall not be eligible to cast votes in such\nselection process. The association shall elect a member to vote in the\nplace of each such officer for purposes of the selection process.\n  (b) The city-wide council on high schools shall have the power to:\n  (i) advise and comment on any educational or instructional policy\ninvolving high schools;\n  (ii) issue an annual report on the effectiveness of the city district\nin providing services to high school students and making\nrecommendations, as appropriate, on how to improve the efficiency and\ndelivery of such services; and\n  (iii) hold at least one meeting per month open to the public and\nduring which the public may discuss issues facing high schools.\n  (c) Vacancies shall be filled for an unexpired term by the city-wide\ncouncil on high schools, pursuant to a process developed by the\nchancellor that shall include consultation with parents of students\nattending public high school; provided, however, that where a vacancy\noccurs in a position appointed by the public advocate, the public\nadvocate shall appoint a member to serve the remainder of the unexpired\nterm.\n  7. (a) There shall be a city-wide council on district seventy-five\ncreated pursuant to this section. The city-wide council for district\nseventy-five shall consist of eleven voting members and one non-voting\nmember, as follows:\n  (i) nine voting members who shall be parents of students receiving\ncity-wide special education services in a district seventy-five school\nor program to be selected by parents of students who receive such\nservices pursuant to a representative process developed by the\nchancellor. Such members shall serve a two year term;\n  (ii) two voting members appointed by the public advocate of the city\nof New York, who shall be individuals with extensive experience and\nknowledge in the areas of educating, training or employing individuals\nwith disabilities and who will make a significant contribution to\nimproving special education in the city district. Such members shall\nserve a two year term; and\n  (iii) one non-voting member who is a high school senior appointed by\nthe administrator designated by the chancellor to supervise district\nseventy-five schools and programs. Such member shall serve a one year\nterm.\n  (b) The city-wide council on district seventy-five shall have the\npower to:\n  (i) advise and comment on any educational or instructional policy\ninvolving the provision of district seventy-five services;\n  (ii) issue an annual report on the effectiveness of the city district\nin providing services to district seventy-five students and make\nrecommendations, as appropriate, on how to improve the efficiency and\ndelivery of such services; and\n  (iii) hold at least one meeting per month open to the public and\nduring which the public may discuss issues facing district seventy-five\nstudents.\n  (c) Vacancies shall be filled for an unexpired term by the city-wide\ncouncil for district seventy-five, pursuant to a process developed by\nthe chancellor that shall include consultation with parents of students\nattending district seventy-five schools or programs; provided, however,\nthat where a vacancy occurs in a position appointed by the public\nadvocate, the public advocate shall appoint a member to serve the\nremainder of the unexpired term.\n  8. (a) Members of the city-wide councils established pursuant to this\nsection shall not be paid a salary or stipend, but shall be reimbursed\nfor all actual and necessary expenses directly related to the duties and\nresponsibilities of the city-wide council on which they serve.\n  (b) Each such city-wide council may appoint a secretary, pursuant to\nthe policies of the city board, who shall perform the following\nfunctions:\n  (i) prepare meeting notices, agendas and minutes;\n  (ii) record and maintain accounts of proceedings and meetings; and\n  (iii) prepare briefing materials and other related informational\nmaterials for such meetings.\n  Each city-wide council shall be responsible for the appointment,\nsupervision, evaluation and discharge of the secretary.\n  (c) No person may serve at the same time on more than one city-wide\ncouncil established pursuant to this section, nor may any person serve\nat the same time on such a city-wide council and any community district\neducation council.\n  (d) A member of a city-wide council established pursuant to this\nsection shall be ineligible to be employed by any such council, any\ncommunity district education council, or the city board.\n  (e) No person shall be eligible for membership on a city-wide council\nestablished pursuant to this section if he or she holds any elective\npublic office or any elective or appointed party position except that of\ndelegate or alternate delegate to a national, state, judicial or other\nparty convention, or member of a county committee.\n  (f) A person may be permanently ineligible for appointment to a\ncity-wide council for any of the following:\n  (i) an act of malfeasance directly related to his or her service on\nsuch city-wide council or community district education council; or\n  (ii) conviction of a crime, provided that any such conviction shall be\nconsidered in accordance with article twenty-three-A of the correction\nlaw.\n  (g) In addition to the conditions enumerated in the public officers\nlaw creating a vacancy, a member of a city-wide council established\npursuant to this section who refuses or neglects to attend three\nmeetings of such city-wide council of which he or she is duly notified,\nwithout rendering in writing a good and valid excuse therefor vacates\nhis or her office by refusal to serve. Each absence and any written\nexcuse rendered shall be included within the official written minutes of\nsuch meeting. After the third unexcused absence such city-wide council\nshall declare a vacancy to the chancellor.\n  * NB Effective until June 30, 2028\n  * § 2590-b. Continuation of city board and establishment of community\ndistricts. 1. (a) The board of education of the city school district of\nthe city of New York is hereby continued. Such board of education shall\nconsist of seven members, a member to be appointed by each borough\npresident of the city of New York and two by the mayor. Each borough\npresident appointee shall be a resident of the borough for which the\nborough president appointing him was elected. Two members at large shall\nbe appointed by the mayor of the city of New York. Each mayoral\nappointee shall be a resident of such city. The term of office of each\nmember shall be four years, commencing the first day of July, nineteen\nhundred seventy-four and every four years thereafter. A vacancy\noccurring other than by expiration of term of a member appointed by a\nborough president shall be filled for the unexpired term by appointment\nby the appropriate borough president of a person who is a resident of\nsuch borough. The mayor shall fill vacancies for an unexpired term of\nany of his appointees. The president of the board shall be chosen by the\nmembers. Notwithstanding any provision of local law, the members of the\nboard shall receive compensation for their services as follows: $20,000\nfor the board president and $15,000 for each board member and shall be\nreimbursed for the actual and necessary expenses incurred by them in the\nperformance of their duties.\n  (b) The members to be appointed by the borough presidents shall be\nappointed not earlier than April first, nineteen hundred seventy-four\nand not later than June first, nineteen hundred seventy-four and their\nsuccessors thereafter.\n  The mayor of the city of New York shall appoint two members not\nearlier than April first, nineteen hundred seventy-four and not later\nthan June first, nineteen hundred seventy-four and their successors\nthereafter.\n  2. (a) There shall be a community board for each community district\ncreated pursuant to this article.\n  (b) The city board shall define adjust, alter, maintain and adopt the\nboundaries of the community districts pursuant to this chapter no later\nthan February first, nineteen hundred ninety-five. There shall be no\nless than thirty nor more than thirty-seven community districts.\n  (c) The city board may readjust or alter the districts in such plan\nonly once in every ten years, commencing with the year two thousand\nfour. The city board in conjunction with the chancellor and the\ncommunity school boards council, shall prepare and make public a plan to\nensure the smooth transition of pupils and school personnel, creation of\nnew boards, and allocation of school facilities and resources among the\ndistricts established pursuant to paragraph (b) of this subdivision.\nPrior to the adoption of the transition plan, the city board shall hold\none or more public hearings in each borough. The city board shall make\nthe transition plan available not less than three weeks before the first\nsuch public hearing. Upon receipt of comments, the city board, in\nconjunction with the chancellor and the community school boards council,\nshall prepare a revised transition plan, if necessary and make such plan\navailable to the public for comment. A final transition plan shall be\nadopted by the city board by November fifteenth, nineteen hundred\nninety-five.\n  3. (a) The redistricting advisory study group established prior to the\neffective date of this paragraph for the purpose of study and making\nrecommendations on community school district boundaries, is hereby\ncontinued and shall perform the duties required herein.\n  (b) The study group shall prepare a report containing recommendations\nfor dividing the city into no more than thirty-seven community\ndistricts.\n  (c) In preparation of its recommendations for dividing the city into\ncommunity districts, the study group shall ensure that the\nrecommendations provide for the most effective delivery of educational\nservices and shall be guided by the following criteria:\n  (1) each community district shall: (i) be a suitable size for\nefficient policy-making and economic management; (ii) contain a\nreasonable number of pupils; (iii) be compact and contiguous, contained\nwithin county lines, and to the maximum extent possible, keep intact\ncommunities and neighborhoods; and (iv) bear a rational relationship to\ngeographic areas for which the city of New York plans and provides\nservices;\n  (2) to the extent possible, keep existing lines intact;\n  (3) the common and special education needs of the communities and\nschool children involved;\n  (4) effective utilization of existing and planned school facilities;\n  (5) minimum disruption of existing and planned elementary\nschool-junior high/middle school-high school feeder patterns;\n  (6) transportation facilities;\n  (7) additional administrative costs involved in the creation of such\nnew districts; and\n  (8) ensure fair and effective representation of racial and language\ngroups pursuant to the Voting Rights Act of 1965, as amended;\n  (9) notwithstanding the provisions of this subparagraph and\nsubparagraphs one through eight of this paragraph: (i) the residents of\nthe county of New York in school district ten as it existed prior to the\nimplementation of this paragraph shall continue to remain in school\ndistrict ten as such district is comprised; (ii) the boundaries of\ncommunity district thirty-one shall continue to remain as they are\ncurrently comprised; and (iii) no county shall have fewer community\nschool districts than in existence on the effective date of this\nparagraph.\n  (d) The study group shall hold one or more public hearings in each\nborough before final adoption of its recommendations. The study group\nshall make its recommendations available to the public for inspection\nand comment not less than one month before the first such public\nhearing. Following its consideration of the comments received on the\nrecommendations, the study group shall prepare a report containing its\nfinal recommendations. The study group shall submit its report to the\ncity board and make such report available to the public for inspection\nno later than November first, nineteen hundred ninety-four.\n  (e) The city board of education shall hold public hearings in each\nborough on the recommendations submitted by the study group and may\nadopt, revise or reject in whole or in part such recommendations, or,\nmay request the study group to submit adjusted recommendations. The\nfinal recommendations shall be adopted by the city board of education no\nlater than February first, nineteen hundred ninety-five to take effect\nJuly first, nineteen hundred ninety-six, provided that such revised\nboundaries adopted by the city board pursuant to this chapter shall be\nused for purposes of community school board elections to be held on the\nfirst Tuesday in May, nineteen hundred ninety-six.\n  (f) Provided, however, that the city board may make minor adjustments,\n(i) to correct errors that may occur in the district lines adopted by\nthe city board, or (ii) upon showing a change in circumstances. Any such\nlimited revisions to community school district lines may occur between\nthe effective date of this paragraph and the city board readjustment\nscheduled in the year two thousand four.\n  (g) No public hearings required pursuant to this subdivision shall be\nheld during the months of July and August. All public hearings shall be\nheld at a time and place designated to maximize community and parent\nparticipation. Notice of all such public hearings shall be provided in a\ntimely manner to all print and electronic media and shall be widely\ndistributed to all interested parties, so as to maximize participation\nby parents and the community. In addition such notice shall be posted in\neach school building and district office.\n  * NB Effective June 30, 2028\n
N.Y. PBH Law § 2545 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2545
Individualized family services plans ("IFSP")
Status: in_force

§ 2545. Individualized family services plans ("IFSP"). 1. If the\nevaluator determines that the infant or toddler is an eligible child,\nthe early intervention official shall convene a meeting, at a time and\nplace convenient to the parent, consisting of the parent, such official,\nthe evaluator, the initial service coordinator and any other persons who\nthe parent or the initial service coordinator, with the parent's\nconsent, invite, provided that such meeting shall be held no later than\nforty-five days from the date that the early intervention official was\nfirst contacted regarding the child, except under exceptional\ncircumstances prescribed by the commissioner. The early intervention\nofficial, at or prior to the time of scheduling the meeting, shall\ninform the parent of the right to invite any person to the meeting.\n  2. The early intervention official, initial service coordinator,\nparent and evaluator shall develop an IFSP for an eligible child whose\nparents request services. The IFSP shall be in writing and shall\ninclude, but not be limited to:\n  (a) a statement, based on objective criteria, of the infant's or\ntoddler's present levels of physical development, including vision and\nhearing; cognitive development; communication development; social or\nemotional development; and adaptive development;\n  (b) with parental consent, a statement of the family's strengths,\npriorities and concerns that relate to enhancing the development of the\ninfant or toddler;\n  (c) a statement of (i) the major outcomes expected to be achieved for\nthe child and the family, including timelines, and (ii) the criteria and\nprocedures that will be used to determine whether progress toward\nachieving the outcomes is being made and whether modifications or\nrevisions of the outcomes or services are necessary;\n  (d) a statement of specific early intervention services, including\ntransportation and the mode thereof, necessary to meet the unique needs\nof the child and the family, including the frequency, intensity,\nlocation and the method of delivering services;\n  (e) a statement of the natural environments, including the home and\ncommunity settings where children without disabilities participate, in\nwhich early intervention services shall appropriately be provided and an\nexplanation of their appropriateness, and, where the child is in day\ncare, a plan for qualified professionals to train the day care provider\nto accommodate the needs of the child, where appropriate;\n  (f) a statement of other services, including but not limited to\nmedical services, that are not required under this title but that are\nneeded by the child and the family;\n  (g) a statement of other public programs under which the child and\nfamily may be eligible for benefits, and a referral, where indicated;\n  (h) the projected dates for initiation of services and the anticipated\nduration of such services;\n  (i) the name of the service coordinator selected by the parent who\nwill be responsible for the implementation of the IFSP and coordination\nwith other agencies and persons;\n  (j) the steps to be taken supporting the potential transition of the\ntoddler with a disability to services provided under section forty-four\nhundred ten of the education law or to other services, to the extent the\nchild is thought to be eligible for such services, including:\n  (i) discussions with and education of parents regarding potential\noptions and other matters related to the child's transition;\n  (ii) procedures to prepare the child for changes in service delivery,\nincluding steps to help the child adjust to, and function in, a new\nsetting; and\n  (iii) with parental consent, the transmission of information about the\nchild to the committee on preschool special education, to ensure\ncontinuity of services, if appropriate, including evaluation and\nassessment information and copies of IFSPs.\n  3. In developing the IFSP, consideration shall first be given to\nprovision of transportation by a parent of a child to early intervention\nservices. Other modes of transportation shall be provided if the parent\ncan demonstrate the inability to provide appropriate transportation\nservices.\n  4. If the IFSP team members, including the early intervention official\nand the parent agree on the IFSP, the IFSP shall be deemed final and the\nservice coordinator shall be authorized to implement the plan.\n  5. If the IFSP team members, including the early intervention official\nand the parent do not agree on an IFSP, the service coordinator shall\nimplement the sections of the proposed IFSP that are not in dispute, and\nthe parent shall have the due process rights set forth in section\ntwenty-five hundred forty-nine of this title.\n  6. The contents of the IFSP shall be fully explained to the parent,\nand informed consent from the parent shall be obtained prior to the\nprovision of the early intervention services therein. If the parent does\nnot provide such consent with respect to a particular early intervention\nservice, then only those early intervention services with respect to\nwhich consent is obtained shall be provided.\n  7. The IFSP shall be reviewed at six month intervals and shall be\nevaluated annually by the early intervention official, service\ncoordinator, the parent and providers of services to the eligible child.\nUpon request of a parent, the plan may be reviewed by such persons at\nmore frequent intervals.\n  8. If, at any time, the parent and the service coordinator agree, in\nwriting, that the child has met all the goals set forth in the IFSP or\nis otherwise no longer in need of services pursuant to this article, the\nservice coordinator shall certify that the child is no longer an\neligible child.\n  9. A parent may, at any time during or after development of the IFSP,\nselect a service coordinator who will become responsible for\nimplementing the IFSP and who may be different from the initial service\ncoordinator.\n  10. The service coordinator shall ensure that the IFSP, including any\namendments thereto, is implemented in a timely manner but not later than\nthirty days after the projected dates for initiation of the services as\nset forth in the plan.\n
N.Y. PBH Law § 4372 — New York Code / Act PBH / Article 43-B / Title 2 / Section 4372
Transplant education of patients with kidney disease or end stage renal failure
Status: in_force

§ 4372. Transplant education of patients with kidney disease or end\nstage renal failure. Nephrologists and primary care providers with\nprimary responsibility of caring for patients with chronic kidney\ndisease stage three or four, or end stage renal disease, shall provide\npatients with current and evidence based printed educational materials\nabout the progression of kidney disease and relevant prevention and\ntreatment options, including transplantation.\n
N.Y. EDN Law § 2854 — New York Code / Act EDN / Title 2 / Article 56 / Section 2854
General requirements
Status: in_force

§ 2854. General requirements. 1. Applicability of other laws. (a)\nNotwithstanding any provision of law to the contrary, to the extent that\nany provision of this article is inconsistent with any other state or\nlocal law, rule or regulation, the provisions of this article shall\ngovern and be controlling.\n  (b) A charter school shall meet the same health and safety, civil\nrights, and student assessment requirements applicable to other public\nschools, except as otherwise specifically provided in this article. A\ncharter school shall be exempt from all other state and local laws,\nrules, regulations or policies governing public or private schools,\nboards of education, school districts and political subdivisions,\nincluding those relating to school personnel and students, except as\nspecifically provided in the school's charter or in this article.\nNothing in this subdivision shall affect the requirements of compulsory\neducation of minors established by part one of article sixty-five of\nthis chapter.\n  (c) A charter school shall be subject to the financial audits, the\naudit procedures, and the audit requirements set forth in the charter,\nand shall be subject to audits of the comptroller of the city school\ndistrict of the city of New York for charter schools located in New York\ncity, and to the audits of the comptroller of the state of New York for\ncharter schools located in the rest of the state, at his or her\ndiscretion, with respect to the school's financial operations. Such\nprocedures and standards shall be consistent with generally accepted\naccounting and audit standards. Independent fiscal audits shall be\nrequired at least once annually.\n  (d) A charter school shall design its educational programs to meet or\nexceed the student performance standards adopted by the board of regents\nand the student performance standards contained in the charter. Students\nattending charter school shall be required to take regents examinations\nto the same extent such examinations are required of other public school\nstudents. A charter school offering instruction in the high school\ngrades may grant regents diplomas and local diplomas to the same extent\nas other public schools, and such other certificates and honors as are\nspecifically authorized by their charter, and in testimony thereof give\nsuitable certificates, honors and diplomas under its seal; and every\ncertificate and diploma so granted shall entitle the conferee to all\nprivileges and immunities which by usage or statute are allowed for\nsimilar diplomas of corresponding grade granted by any other public\nschool.\n  (e) A charter school shall be subject to the provisions of articles\nsix and seven of the public officers law.\n  (f) A charter school shall be subject to the provisions of sections\neight hundred, eight hundred one, eight hundred two, eight hundred\nthree, eight hundred four, eight hundred four-a, eight hundred five,\neight hundred five-a, eight hundred five-b and eight hundred six of the\ngeneral municipal law to the same extent such sections apply to school\ndistricts.\n  2. Admissions; enrollment; students.  (a) A charter school shall be\nnonsectarian in its programs, admission policies, employment practices,\nand all other operations and shall not charge tuition or fees; provided\nthat a charter school may require the payment of fees on the same basis\nand to the same extent as other public schools. A charter school shall\nnot discriminate against any student, employee or any other person on\nthe basis of ethnicity, national origin, gender, or disability or any\nother ground that would be unlawful if done by a school. Admission of\nstudents shall not be limited on the basis of intellectual ability,\nmeasures of achievement or aptitude, athletic ability, disability, race,\ncreed, gender, national origin, religion, or ancestry; provided,\nhowever, that nothing in this article shall be construed to prevent the\nestablishment of a single-sex charter school or a charter school\ndesigned to provide expanded learning opportunities for students at-risk\nof academic failure or students with disabilities and English language\nlearners; and provided, further, that the charter school shall\ndemonstrate good faith efforts to attract and retain a comparable or\ngreater enrollment of students with disabilities, English language\nlearners, and students who are eligible applicants for the free and\nreduced price lunch program when compared to the enrollment figures for\nsuch students in the school district in which the charter school is\nlocated. A charter shall not be issued to any school that would be\nwholly or in part under the control or direction of any religious\ndenomination, or in which any denominational tenet or doctrine would be\ntaught.\n  (b) Any child who is qualified under the laws of this state for\nadmission to a public school is qualified for admission to a charter\nschool. Applications for admission to a charter school shall be\nsubmitted on a uniform application form created by the department and\nshall be made available by a charter school in languages predominately\nspoken in the community in which such charter school is located. The\nschool shall enroll each eligible student who submits a timely\napplication by the first day of April each year, unless the number of\napplications exceeds the capacity of the grade level or building. In\nsuch cases, students shall be accepted from among applicants by a random\nselection process, provided, however, that an enrollment preference\nshall be provided to pupils returning to the charter school in the\nsecond or any subsequent year of operation and pupils residing in the\nschool district in which the charter school is located, and siblings of\npupils already enrolled in the charter school. Preference may also be\nprovided to children of employees of the charter school or charter\nmanagement organization, provided that such children of employees may\nconstitute no more than fifteen percent of the charter school's total\nenrollment. The commissioner shall establish regulations to require that\nthe random selection process conducted pursuant to this paragraph be\nperformed in a transparent and equitable manner and to require that the\ntime and place of the random selection process be publicized in a manner\nconsistent with the requirements of section one hundred four of the\npublic officers law and be open to the public. For the purposes of this\nparagraph and paragraph (a) of this subdivision, the school district in\nwhich the charter school is located shall mean, for the city school\ndistrict of the city of New York, the community district in which the\ncharter school is located.\n  (c) A charter school shall serve one or more of the grades one through\ntwelve, and shall limit admission to pupils within the grade levels\nserved. Nothing herein shall prohibit a charter school from establishing\na kindergarten program.\n  (d) A student may withdraw from a charter school at any time and\nenroll in a public school. A charter school may refuse admission to any\nstudent who has been expelled or suspended from a public school until\nthe period of suspension or expulsion from the public school has\nexpired, consistent with the requirements of due process.\n  3. School personnel. (a) An employee of a charter school shall be an\nemployee of the education corporation formed to operate the charter\nschool and not an employee of the local school district in which the\ncharter school is located. An employee of a charter school shall be\ndeemed to be a public employee solely for purposes of article fourteen\nof the civil service law, except for section two hundred twelve of such\nlaw, and for no other purposes unless otherwise specified in this\narticle, the board of trustees of the charter school shall constitute a\nboard of education solely for purposes of article fourteen of the civil\nservice law, except for section two hundred twelve of such law, and for\nno other purposes unless otherwise specified in this article, a charter\nschool shall be deemed to be a public employer solely for purposes of\narticle fourteen of the civil service law, except for section two\nhundred twelve of such law, and for no other purposes unless otherwise\nspecified in this article, and the chief executive officer of the\ncharter school shall be the person designated as such by the board of\ntrustees of the charter school.\n  (a-1) The board of trustees of a charter school shall employ and\ncontract with necessary teachers, administrators and other school\npersonnel. Such teachers shall be certified in accordance with the\nrequirements applicable to other public schools; provided, however, that\na charter school may employ as teachers (i) uncertified teachers with at\nleast three years of elementary, middle or secondary classroom teaching\nexperience; (ii) tenured or tenure track college faculty; (iii)\nindividuals with two years of satisfactory experience through the Teach\nfor America program; and (iv) individuals who possess exceptional\nbusiness, professional, artistic, athletic, or military experience,\nprovided, however, that such teachers described in clauses (i), (ii),\n(iii), and (iv) of this paragraph shall not in total comprise more than\nthe sum of: (A) thirty per centum of the teaching staff of a charter\nschool, or five teachers, whichever is less; plus (B) five teachers of\nmathematics, science, computer science, technology, or career and\ntechnical education; plus (C) five additional teachers. A teacher\ncertified or otherwise approved by the commissioner shall not be\nincluded in the numerical limits established by the preceding sentence.\n  (a-2) (i) The board of trustees of a charter school shall require, for\npurposes of a criminal history record check, the fingerprinting of all\nprospective employees pursuant to section three thousand thirty-five of\nthis chapter, who do not hold valid clearance pursuant to such section\nor pursuant to section three thousand four-b of this chapter or section\nfive hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and\ntraffic law. Prior to initiating the fingerprinting process, the\nprospective employer shall furnish the applicant with the form described\nin paragraph (c) of subdivision thirty of section three hundred five of\nthis chapter and shall obtain the applicant's consent to the criminal\nhistory records search. Every set of fingerprints taken pursuant to this\nparagraph shall be promptly submitted to the commissioner for purposes\nof clearance for employment.\n  (ii) Upon the recommendation of the chief executive officer of the\ncharter school, the board of trustees of a charter school may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by subparagraph (i) of\nthis paragraph. Such appointment shall not commence until notification\nby the commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted, the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n  (iii) Upon the recommendation of the chief executive officer of the\ncharter school, the board of trustees of a charter school may make an\nemergency conditional appointment when an unforeseen emergency vacancy\nhas occurred. When such appointment is made, the process for conditional\nappointment pursuant to subparagraph (ii) of this paragraph must also be\ninitiated. Emergency conditional appointment may commence prior to\nnotification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted, the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (1) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (2) when no other qualified person\nis available to fill the vacancy temporarily; and (3) when emergency\nconditional appointment is necessary to maintain services which the\ncharter school is legally required to provide or services necessary to\nprotect the health, education or safety of students or staff. The\nprovisions of clause one of this subparagraph shall not apply if the\nboard finds that the charter school has been unable to fill the vacancy\ndespite good faith efforts to fill such vacancy in a manner which would\nhave allowed sufficient time for clearance or conditional clearance.\n  (iv) Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n  (a-3) The board of trustees of a charter school shall upon\ncommencement and termination of employment of an employee by the charter\nschool district, provide the commissioner with the name of and position\nheld by such employee.\n  (b) The school employees of a charter school that has been converted\nfrom an existing public school who are eligible for representation under\narticle fourteen of the civil service law shall be deemed to be included\nwithin the negotiating unit containing like titles or positions, if any,\nfor the school district in which such charter school is located and\nshall be subject to the collective bargaining agreement covering that\nschool district negotiating unit; provided, however, that a majority of\nthe members of a negotiating unit within a charter school may modify, in\nwriting, a collective bargaining agreement for the purposes of\nemployment in the charter school with the approval of the board of\ntrustees of the charter school.\n  (b-1) The employees of a charter school that is not a conversion from\nan existing public school shall not be deemed members of any existing\ncollective bargaining unit representing employees of the school district\nin which the charter school is located, and the charter school and its\nemployees shall not be subject to any existing collective bargaining\nagreement between the school district and its employees. Provided,\nhowever, that (i) if the student enrollment of the charter school on the\nfirst day on which the charter school commences student instruction\nexceeds two hundred fifty or if the average daily student enrollment of\nsuch school exceeds two hundred fifty students at any point during the\nfirst two years after the charter school commences student instruction,\nall employees of the school who are eligible for representation under\narticle fourteen of the civil service law shall be deemed to be\nrepresented in a separate negotiating unit at the charter school by the\nsame employee organization, if any, that represents like employees in\nthe school district in which such charter school is located; (ii) the\nprovisions of subparagraph (i) of this paragraph may be waived in up to\nten charters issued on the recommendation of the charter entity set\nforth in paragraph (b) of subdivision three of section twenty-eight\nhundred fifty-one of this article; (iii) the provisions of subparagraph\n(i) of this paragraph shall not be applicable to the renewal or\nextension of a charter; and (iv) nothing in this sentence shall be\nconstrued to subject a charter school subject to the provisions of this\nparagraph or its employees to any collective bargaining agreement\nbetween any public school district and its employees or to make the\nemployees of such charter school part of any negotiating unit at such\nschool district. The charter school may, in its sole discretion, choose\nwhether or not to offer the terms of any existing collective bargaining\nto school employees.\n  (c) The employees of the charter school may be deemed employees of the\nlocal school district for the purpose of providing retirement benefits,\nincluding membership in the teachers' retirement system and other\nretirement systems open to employees of public schools. The financial\ncontributions for such benefits shall be the responsibility of the\ncharter school and the school's employees. The commissioner, in\nconsultation with the comptroller, shall develop regulations to\nimplement the provisions of this paragraph in a manner that allows\ncharter schools to provide retirement benefits to its employees in the\nsame manner as other public school employees.\n  (c-1) Reasonable access. (i) If employees of the charter school are\nnot represented, any charter school chartered pursuant to this article\nmust afford reasonable access to any employee organization during the\nreasonable proximate period before any representation question is\nraised; or\n  (ii) If the employee organization is a challenging organization,\nreasonable access must be provided to any organization seeking to\nrepresent employees beginning with a date reasonably proximate to a\nchallenge period. Reasonableness is defined, at a minimum, as access\nequal to that provided to the incumbent organization.\n  (c-2) Employer neutrality. It shall be an improper practice for a\ncharter school board of directors, chief administrative officer and\ntheir agents to commit any of the acts set forth in subdivision one of\nsection two hundred nine-a of the civil service law and could in\naccordance with section twenty-eight hundred fifty-five of this article,\nresult in the revocation of the charter.\n  (d) A teacher employed by a school district may make a written request\nto the board of education for an extended leave of absence to teach at a\ncharter school. Approval for such a leave of absence for a period of\nthree years or less shall not be unreasonably withheld. If such approval\nis granted to a teacher by the school district, the teacher may return\nto teach in the school district during such period of leave without the\nloss of any right of certification, retirement, seniority, salary status\nor any other benefit provided by law or by collective bargaining\nagreement. If an appropriate position is unavailable, the teacher's name\nshall be placed on a preferred eligible list of candidates for\nappointment to a vacancy that may thereafter occur in an office or\nposition similar to the one such teacher filled in such school district\nimmediately prior to the leave of service.\n  (d-1) In a school district of a city having a population of one\nmillion or more, a principal employed by such school district may make a\nwritten request to the board of education for an extended leave of\nabsence to serve as a principal of a charter school. Approval for such a\nleave of absence for a period of three years or less shall not be\nunreasonably withheld. If such approval is granted to a principal by the\nschool district, the principal may return to serve as a principal in the\nschool district during such period of leave without the loss of any\nright of certification, retirement, seniority, salary status or any\nother benefit provided by law or by collective bargaining agreement. If\nan appropriate position is unavailable, the principal's name shall be\nplaced on a preferred eligible list of candidates for appointment to a\nvacancy that may thereafter occur in an office or position similar to\nthe one such principal filled in such school district immediately prior\nto the leave of service.\n
N.Y. RPT Law § 466-E*3 — New York Code / Act RPT / Article 4 / Title 2 / Section 466-E*3
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-e. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than twenty-six thousand\ninhabitants but less than twenty-seven thousand five hundred\ninhabitants, determined in accordance with the latest decennial federal\ncensus, shall be exempt from taxation to the extent of ten percent of\nthe assessed value of such property for city, village, town, part town,\nspecial district, county or school district purposes, exclusive of\nspecial assessments, provided that the governing body of a village,\ntown, city, county or school district, after a public hearing, adopts a\nlocal law, ordinance or resolution providing therefor; provided further,\nhowever, that such exemption shall in no event exceed three thousand\ndollars multiplied by the latest state equalization rate for the\nassessing unit in which such real property is located.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town, village or school\ndistrict which is served by such incorporated volunteer fire company or\nfire department or incorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a\nvillage, town, city, county or school district, after a public hearing,\nadopts a local law, ordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 4 § 466-e's\n  * NB Repealed December 9, 2028\n
N.Y. EDN Law § 1906 — New York Code / Act EDN / Title 2 / Article 39 / Section 1906
District meetings; vote upon school taxes
Status: in_force

§ 1906. District meetings; vote upon school taxes. 1. The annual\nmeeting and election of a central high school district shall be held on\nthe third Tuesday in May, provided, however, that such annual meeting\nand election shall be held on the second Tuesday in May if the\ncommissioner at the request of a local school board certifies no later\nthan March first that such election would conflict with religious\nobservances, and any school budget revote shall be held on the date\nspecified in subdivision three of section two thousand seven of this\ntitle. The board of education of every central high school district\nshall hold a budget hearing prior to each annual meeting and election or\nspecial district meeting at which a school budget vote will occur, and\nshall prepare and present to the voters at such budget hearing a\nproposed school district budget for the ensuing school year. Special\nmeetings may be called in the same manner and for the same purposes as\nspecial meetings in union free school districts. Such meetings shall be\nheld for the same purposes and in the same manner, and be subject to the\nsame provisions of law, except as may be provided otherwise in\nsubdivision two of this section, as like meetings in union free school\ndistricts, and all persons who are qualified electors of the school\ndistricts included in such central high school district may vote at such\nmeetings.\n  2. For any annual or special meeting the board of education may on its\nown motion divide the central high school district into such number of\nelection districts as there shall be union free school districts within\nthe central high school district. The boundaries of such election\ndistricts shall be coterminous with the boundaries of such union free\nschool districts. Such meetings shall be held so far as possible in the\npublic schoolhouse within each such election district designated by the\nboard of education. The schoolhouse or other place so designated for\neach election district shall be stated in the notice of the meeting. The\nlegal voters present in each election district shall elect a chairman\nand secretary and the chairman so elected shall appoint at least three\ninspectors of election who shall canvass the result of the election in\nsuch election district and prepare and sign a statement showing the\nresults of the voting. Each such statement shall be forthwith delivered\nto the district clerk. The district clerk shall forthwith examine and\ntabulate the statements and prepare a certificate of the combined\nresults of the voting, announce the result thereof and record the\ncertificate with the records of the meeting. The proceedings, in the\nevent of such division, in all other respects shall be the same as if\nthe school meeting were held in one place.\n  3. The board of education of such district shall present at the annual\nmeeting a detailed statement in writing of the estimated expenditures\nrequired for the support and maintenance of the central high school\ntherein for the ensuing year. The said meeting shall vote the necessary\ntaxes to meet such expenditures, in the same manner as taxes are voted\nat a district meeting in a union free school district. The provisions of\nsections seventeen hundred twenty-five and seventeen hundred sixteen to\nseventeen hundred nineteen, inclusive, of this chapter, and all other\nprovisions relative to the making of appropriations, the voting of\ntaxes, and the expenditure of moneys for the support, maintenance and\nexpenses of public schools in union free school districts, shall apply\nto the support, maintenance, and expenses of a central high school\ndistrict.\n  4. a. Whenever the board of education of a central high school\ndistrict in the county of Nassau shall have provided for the personal\nregistration of voters at school meetings or elections in such district,\nsuch board of education shall fix the day or days for registration by\nresolution adopted not later than the fortieth day preceding each annual\nor special meeting or election in such district. The last day for such\nregistration shall not be more than eleven nor less than three days\npreceding each annual or special meeting or election. Such board shall\nforthwith notify the clerk of each component union free school district\nproviding for personal registration, of such registration day or days\nfor each annual meeting. Such board shall also notify each such clerk of\nevery special meeting or election in such central high school district\nat least ten days prior thereto. The board of registration of the\ncentral high school district shall meet on the day or days fixed by such\nboard of education for the purpose of preparing a register,\ncomplementary to the register or registers of any component union free\nschool district providing for personal registration, for the personal\nregistration of qualified voters within any component union free school\ndistrict providing for personal registration, which voters have not\nregistered for the annual or any subsequent special meeting or election\nin such union free school district, and for the personal registration of\nqualified voters of any component union free school district not\nproviding for personal registration.\n  b. Whenever personal registration of voters shall have been provided\nfor in any such central high school district, any qualified voter of a\ncomponent union free school district who is duly registered in such\nunion free school district for the annual meeting or a subsequent\nspecial meeting or election therein, shall be deemed duly registered for\nand entitled to vote at the annual meeting or any special meeting or\nelection in such central high school district occurring between the date\nof such registration and the next ensuing annual meeting.\n  c. Whenever the board of education of such central high school\ndistrict shall have so provided for registration of voters, the board of\neducation of any component union free school district in such central\nhigh school district, which board of education shall have provided or\nshall provide for personal registration of voters at school meetings or\nelections of such union free school district, shall designate the day or\ndays for registration so that the last day for such registration shall\nnot be more than eleven nor less than five days preceding each such\nschool meeting. In designating the day or days of registration for the\nannual meeting such board shall include the day or days which shall have\nbeen theretofore designated by the board of education of the central\nhigh school district as the registration day or days for the annual\nmeeting of the central high school district. The register prepared in\nsuch union free school district, in addition to complying with the\nrequirements of subdivision two of section two thousand fourteen of this\nchapter, shall include columns or space to make the proper entries\nrelating to any annual or special central high school district meeting\nor election. Such register shall be delivered by the clerk of such union\nfree school district to the custody of the clerk of the central high\nschool district on the day preceding the meeting or election of the\ncentral high school district at which it is to be used. It shall be\nreturned to the clerk of the union free school district on the day\nfollowing such meeting or election. Such register shall at all\nreasonable times be open to inspection by any qualified voter of the\ncentral high school district, even though in the possession of the clerk\nof such union free school district.\n  d. The provisions of sections two thousand four, two thousand fourteen\nand two thousand fifteen of this chapter shall be applicable in any\ncentral high school district providing for personal registration, except\nas otherwise provided in this subdivision.\n  e. Nothing contained in this subdivision shall be deemed to require\nthe board of education of any component union free school district to\nprovide for personal registration of voters for meetings or elections in\nsuch union free school district.\n  5. a. The board of education of a central high school district in the\ncounty of Nassau, which has provided for the personal registration of\nvoters at school meetings and elections in such central high school\ndistrict, may, by resolution duly adopted and entered upon its minutes,\non its own motion divide the central high school district into election\ndistricts. The boundaries of such election districts shall be\ncoterminous with the boundaries of the union free school districts\nwithin the central high school district, except that where a component\nunion free school district, in turn, shall have been or hereafter is\ndivided into school election districts pursuant to section two thousand\nseventeen of this chapter, such school election districts of such union\nfree school districts shall in such case, without further action of the\nboard of education of the central high school district, become and be\nelection districts of the central high school district.\n  b. Where the board of education shall have so divided the central high\nschool district into election districts pursuant to the provisions of\nthis subdivision, notwithstanding the provisions of subdivisions one and\nthree of this section, the vote upon the appropriation of the necessary\nfunds to meet the estimated expenditures of the central high school\ndistrict and upon any propositions involving the expenditure of money by\nthe central high school district or upon any other matter which may\nproperly be brought before the annual meeting or election of the central\nhigh school district, shall be held at the same time as the annual\nmeetings or elections of the component union free school districts. The\nclerk of the central high school district shall give the notices\nrequired by subdivision one of section two thousand four of this\nchapter, in relation to such annual meeting.\n  c. Where the procedure of this subdivision is used, the board of\neducation of the central high school district shall notify the clerk of\neach component union free school district of such determination, not\nlater than thirty days preceding the date of such annual meeting. In\nsuch case, also, the board of education of the central high school\ndistrict shall complete the statement required by section seventeen\nhundred sixteen of this chapter and shall forward a sufficient number of\ncopies thereof to the clerk of each component union free school district\ntherein, not later than ten days preceding such annual meeting or\nelection, and such copies shall thereupon be made available by the clerk\nof each such component union free school district, together with the\ncopies of the statement relating to such component union free school\ndistrict, provided, however, that an additional supply of copies of such\nstatement shall also be made available to the annual meeting of the\ncentral high school district by the clerk of such district.\n  d. Each clerk of a component union free school district shall\nthereupon include in the notices required by section two thousand four\nof this chapter, relating to the annual meeting or election in such\ncomponent union free school district, a statement to the effect that the\nmeeting or election will also vote on the appropriation of the necessary\nfunds to meet the estimated expenditures of the central high school\ndistrict and upon any propositions involving the expenditure of moneys\nby the central high school district or upon any other matter which may\nbe properly brought before the annual meeting or election of the central\nhigh school district. Such appropriation and propositions, if any, shall\nthen appear separately upon the ballot or voting machines used at such\nmeetings or elections in such component union free school districts. The\ncanvass of the result of the vote on each such appropriation and\nproposition relating to the central high school district shall forthwith\nbe certified to the clerk of each such component union free school\ndistrict, who in turn shall forthwith certify such canvass to the clerk\nof the central high school district. Such clerk shall forthwith examine\nand tabulate such statements and prepare a certificate of the combined\nresults of the vote, announce the result thereof to the board of\neducation of the central high school district and record the certificate\nwith the records of the meeting or election.\n  e. Where the board of education of a central high school district\nproceeds under the provisions of this subdivision, the registration of a\nqualified voter of a component union free school district upon the\nregister of such union free school district shall be a sufficient\nregistration for the purpose of the vote of such voter on the\nappropriation and propositions of the central high school district.\n  f. When the board of education of such central high school district\ncalls a special meeting or election of such central high school\ndistrict, the respective boards of registration of the component union\nfree school districts shall meet on such day or days as shall be fixed\nby the board of education of the central high school district and the\nprovisions of section two thousand fourteen of this chapter shall be\napplicable to the registration for special meetings or elections of the\ncentral high school district, except as otherwise provided in this\nsubdivision. The canvass of the result of the voting at such special\nmeeting or election shall forthwith be certified to the clerk of the\ncentral high school district who shall forthwith proceed in the same\nmanner as hereinbefore provided in the case of an annual meeting or\nelection.\n  g. If voting machines are used in any component union free school\ndistrict of such central high school district, the rules printed and\ndistributed pursuant to section two thousand thirty-five of this chapter\nin such union free school district shall also contain the rules\nsimilarly adopted or to be adopted by the board of education of the\ncentral high school district with respect to any propositions relating\nto such central high school district.\n  h. All the provisions of articles thirty-nine and forty-one of this\nchapter shall be applicable to any annual or special meeting or election\nheld pursuant to this subdivision, except as otherwise provided in this\nsubdivision either expressly or by necessary implication.\n  i. Upon an appeal to the commissioner of education, substantial\ncompliance with the procedures herein required shall be sufficient to\nmeet the intent of this subdivision.\n  6. The provisions of this section shall not apply with respect to any\nperson registered to vote pursuant to the provisions of section three\nhundred fifty-two of the election law.\n
N.Y. PBA Law § 3400 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3400
Short title
Status: in_force

§ 3400. Short title. This title shall be known and may be cited as the\n"Nassau Health Care Corporation".\n
N.Y. EDN Law § 1601 — New York Code / Act EDN / Title 2 / Article 33 / Section 1601
Trustees constitute a board and body corporate
Status: in_force

§ 1601. Trustees constitute a board and body corporate.  The sole\ntrustee or the trustees of a common school district shall constitute a\nboard for such district and such board is hereby created a body\ncorporate.\n
N.Y. RPT Law § 489-AAA — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-AAA
Definitions
Status: in_force

§ 489-aaa. Definitions. When used in this title:\n  1. "Applicant" means any person or corporation obligated to pay real\nproperty taxes on the property for which an exemption is sought, or in\nthe case of exempt property, the record owner thereof, provided,\nhowever, that such property is not commercial property located in an\narea designated as excluded pursuant to section four hundred\neighty-nine-ccc of this title;\n  2. "Board" means the industrial and commercial incentive board;\n  3. "Commercial" means any non-residential property used primarily for\nthe buying, selling or otherwise providing of goods or services,\nprovided that the use of such property has not been designated as a\nrestricted commercial use pursuant to section four hundred\neighty-nine-ccc of this title;\n  4. "Construction" means the building of new industrial or commercial\nstructures on vacant or predominantly vacant land, or the modernization,\nrehabilitation or expansion or other improvement of an existing\ncommercial structure where such modernization, rehabilitation, expansion\nor other improvement is not physically or functionally integrated with\nthe existing structure or results in additional usable square footage\nfifty per centum greater than the square footage of the existing\nstructure;\n  5. "Industrial" means property used primarily for the manufacturing or\nassembling of goods or the processing of raw materials;\n  6. "Predominantly vacant land" means land, including land under water,\non which not more than fifteen percent of the lot area contains\nenclosed, permanent improvements; in addition, such land may include\nexisting foundations.  A fence, shed, garage, attendant's booth, paving,\npier, bulkhead, lighting fixtures, and similar items, or any improvement\nhaving an assessed value of less than two thousand dollars shall not\nconstitute an enclosed, permanent improvement;\n  7. "Reconstruction" means the modernization, rehabilitation, expansion\nor other improvement of an existing commercial or industrial structure\nwhere the total proposed project cost is in an amount equal to at least\ntwenty percentum of the assessed value of the property at the time an\napplication for a certificate of eligibility pursuant to this title is\nmade, and where such modernization, rehabilitation, expansion or other\nimprovement is physically and functionally integrated with the existing\nstructure and does not create additional usable square footage greater\nthan fifty per centum of the usable square footage of the existing\nstructure except in a case where the existing structure has been\nsubstantially destroyed by fire or other casualty;\n  8. "Residential property" shall mean property, other than property\nused for hotel purposes, on which will exist upon completion of\nconstruction a building or structure containing more than one\nindependent dwelling unit or where more than one-third of the total\nsquare footage of said structure is to be used for residential purposes;\nit shall also mean, in the case of reconstruction, property on which\nexists or will exist upon completion of the reconstruction a building or\nstructure where more than one-third of the total square footage is used\nor is to be used for dwelling purposes;\n  9. "Vacant land" means land, including land under water, which\ncontains no enclosed, permanent improvement. A fence, shed, garage,\nattendant's booth, paving, pier, bulkhead, lighting fixtures, and\nsimilar items, or any improvement having an assessed value of less than\ntwo thousand dollars shall not constitute an enclosed, permanent\nimprovement;\n
N.Y. VAT Law § 237-A — New York Code / Act VAT / Title 2 / Article 2-B / Section 237-A
Functions, powers and duties of traffic camera violations bureaus
Status: in_force

§ 237-a. Functions, powers and duties of traffic camera violations\nbureaus. The traffic camera violations bureau shall have the following\nfunctions, powers and duties:\n  1. To hear and determine the liability of owners for violations of\nsection eleven hundred seventy-four of this chapter when meeting a\nschool bus marked and equipped as provided in subdivisions twenty and\ntwenty-one-c of section three hundred seventy-five of this chapter\nimposed pursuant to a local law or ordinance imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith school bus red visual signals through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter;\n  2. To provide for penalties in accordance with a local law or\nordinance establishing a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with school bus red visual signals through the installation\nand operation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter;\n  3. To adopt rules and regulations not inconsistent with any applicable\nprovision of law to carry out the purposes of this article, including\nbut not limited to rules and regulations prescribing the internal\nprocedures and organization of the bureau, the manner and time of\nentering pleas, the conduct of hearings, and the amount and manner of\npayment of penalties;\n  4. To issue subpoenas to compel the attendance of persons to give\ntestimony at hearings and to compel the production of relevant books,\npapers and other things;\n  5. To enter judgments and enforce them, without court proceedings, in\nthe same manner as the enforcement of money judgments in civil actions\nin any court of competent jurisdiction or any other place provided for\nthe entry of civil judgment within the state of New York;\n  6. To compile and maintain complete and accurate records relating to\nall notices of liability and dispositions and to prepare complete and\naccurate transcripts of all hearings conducted by the bureau and to\nfurnish such transcripts to the person issued the notice of liability at\nsaid person's own expense upon timely request, and upon said person\ncomplying with the regulations of the bureau;\n  7. To remit to the chief financial officer of the county, city, town,\nor village, on or before the fifteenth day of each month, all monetary\npenalties or fees received by the bureau during the prior calendar\nmonth, along with a statement thereof, and, at the same time, to file\nduplicate copies of such statement with the comptroller; and\n  8. To answer within a reasonable period of time all relevant and\nreasonable inquiries made by a person issued a notice of liability or\nsuch person's attorney concerning the notice of liability issued to that\nperson. The bureau must also furnish within a reasonable period of time\nto the person issued a notice of liability, on such person's request and\nupon complying with the regulations of the bureau, a copy of the\noriginal notice of liability including all information contained\nthereon. Failure by the bureau to comply with the provisions of this\nsubdivision or any part of the provisions of this subdivision, within\nforty-five days of such inquiry, forwarded to the bureau by certified or\nregistered mail, return receipt requested, will result, upon the request\nof the person issued the notice of liability, in an automatic dismissal\nof all liability relating to and only to that notice of liability to\nwhich the inquiry was made.\n
N.Y. RPT Law § 489-II — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-II
Local reproduction cost
Status: in_force

§ 489-ii. Local reproduction cost. 1. The commissioner shall determine\nthe local reproduction cost for each railroad company in each assessing\nunit as follows:\n  (a) Ascertain in each assessing unit the cost of reproduction new less\ndepreciation of the railroad real property other than land;\n  (b) Ascertain in each assessing unit the value of the land portion of\nrailroad real property and the value of rights in land in, above and\nunder any public street, highway or parkway used by such railroad\ncompany;\n  (c) Add the amounts ascertained under paragraphs (a) and (b) above for\neach assessing unit. The result shall be the local reproduction cost.\n  2. Local reproduction cost and the state equalization rates used in\nestablishing railroad ceilings shall be based so far as practicable upon\nthe same period price levels.\n  3. In making determinations under this section, the commissioner shall\nclassify the real property of each railroad company as either\ntransportation or non-transportation so far as may be practicable and\nshall consider the manner in which such property is classified as\nproperty used for transportation purposes in accounts maintained\npursuant to the uniform system of accounts for railroad companies as\nprescribed by the interstate commerce commission and the commissioner of\ntransportation and in the publication of the interstate commerce\ncommission entitled "Elements of Value of Property Used in Common\nCarrier Service" as well as information available from other sources,\nincluding reports required pursuant to section four hundred\neighty-nine-nn of this chapter.\n  4. In ascertaining depreciation of property under this section,\nconsideration may be given to physical condition, average service lives\nof groups of property and other factors, which however, shall not\ninclude earnings.\n  5. As used in this section, the term "value of land" means the value\nof similar land in the immediate vicinity used for other than railroad\ntransportation purposes and the term "value of rights in land in, above\nand under any public street, highway or parkway" means ten per cent of\nthe value of land in the immediate vicinity used for other than railroad\ntransportation purposes.\n  6. The determinations made under this section shall reflect so far as\nmay be practicable the status of the property as of December\nthirty-first of the preceding year.\n  7. In determining local reproduction cost for purposes of railroad\nceilings determined for assessment rolls filed on or after January\nfirst, two thousand three, grading shall be deemed a depreciable asset.\nThe allowance for depreciation of grading shall be eighteen percent for\neach year in service up to a total of ninety percent.\n  8. In determining local reproduction cost for purposes of railroad\nceilings determined for assessment rolls filed on or after January\nfirst, two thousand three, the commissioner shall not include a factor\nfor any construction overhead in its calculation, nor shall such\noverhead costs be included for any new construction begun on or after\nthe effective date of this subdivision.\n  9. In determining a local reproduction cost for purposes of railroad\nceilings established for assessment rolls filed in two thousand three,\nthe commissioner shall allow for increased depreciation of railroad\ntrack. For high speed/high tonnage track and medium speed/high tonnage\ntrack, whether main track or side track, depreciation shall be increased\nto seventy-five percent. For low speed/medium tonnage track, whether\nmain track or side track, depreciation shall be increased to eighty-five\npercent. For low speed/low tonnage track, whether main track or side\ntrack, depreciation shall be increased to ninety percent. Such increased\ndepreciation shall only be granted for railroad ceilings established for\nassessment rolls filed in two thousand four upon application of a\nrailroad company. Any increased depreciation shall be granted to all the\ntracks owned by the railroad in this state not otherwise exempt from\ninclusion in the calculation of railroad ceilings. The commissioner\nshall, in consultation with the department of transportation and the\ndivision of the budget, establish by rule and regulation the schedules\nfor increased depreciation and standards for improved service that shall\nbe met in order for a railroad company to receive such increased\ndepreciation for railroad ceilings established for assessment rolls\nfiled in two thousand four and thereafter. A railroad company that has\nfailed to file an application or failed to meet the standards for\nimproved services contained in the rules and regulations of the\ncommissioner prior to the establishment of railroad ceilings for\nassessment rolls filed in two thousand four shall receive one-half of\nthe benefit for increased depreciation that it would have received had\nsuch application been made or such standards been met in a timely\nfashion. The standards for increased depreciation shall be based upon\nincreased tonnage, increased level of passenger service, increased\nnumber of passenger trains and/or improved on-time performance,\nincreased average speed, and any other factors indicating improved rail\nservice as the commissioner and the department of transportation shall\nspecify.\n
N.Y. EDN Law § 2025 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2025
Procedures at school district meetings
Status: in_force

§ 2025. Procedures at school district meetings.  1. District meetings\nin common school districts shall be called to order by the trustee or\nthe chairman of the board of trustees or by a person chosen by the\ntrustee or trustees. The qualified voters present and voting shall\nnominate and elect a qualified voter of the district as permanent\nchairman.\n  2. In union free and central school districts the board of education\nshall appoint a qualified voter of the district as permanent chairman of\neach meeting or election to call such meeting or election to order. When\nhours have been set for voting in the notice of meeting or election, the\nchairman shall declare the polls open and closed at the appropriate\ntime. No motions shall be in order during the hours specified in the\nnotice for voting. In districts divided into election districts, the\nchief election inspector in each district shall declare the polls open\nand closed at the appropriate time.\n  3. The clerk of the district shall serve as clerk of all meetings and\nelections.\n  a. In common school districts the voters present and voting may elect\na clerk of the meeting if the district clerk is not present. The voters\nmay also elect assistant clerks and election inspectors as required. At\nleast two election inspectors shall be elected for each ballot box or\nvoting machine used. The inspectors shall choose a chief inspector of\nelection.\n  b. In union free and central school districts the board of education\nshall appoint a qualified voter as acting clerk in the absence or\ninability to act of the district clerk. The board of education shall\nalso appoint assistant clerks and election inspectors as required. At\nleast two election inspectors shall be appointed for each ballot box or\nvoting machine. The board of education shall designate a chief election\ninspector, and if the district is divided into election districts the\nboard of education shall appoint a chief election inspector for each\nelection district.\n  4. The clerk and assistant clerk or clerks of the meeting or election\nshall keep a true and accurate written record of all of the proceedings\nof the meeting or election and shall file such written record with the\nclerk of the district within twenty-four hours after the meeting or\nelection.\n  5. Each assistant clerk and election inspector appointed by a board of\neducation shall be entitled to compensation at a rate fixed by such\nboard of education.\n  6. A person seventeen years of age who is enrolled in a school\ndistrict and fulfilling the requirements of section thirty-two hundred\nseven-a of this chapter shall be eligible to be appointed as, and to\nperform the duties of, an election inspector or poll clerk as provided\nin this part.\n
N.Y. GMU Law § 912-B — New York Code / Act GMU / Article 18-A / Title 2 / Section 912-B
Orange county industrial development agency
Status: in_force

* § 912-b. Orange county industrial development agency. 1. For the\nbenefit of the county of Orange and the inhabitants thereof, an\nindustrial development agency, to be known as the ORANGE COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\nthis article. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of this article upon industrial\ndevelopment agencies. It shall be organized in a manner prescribed by\nand be subject to the provisions of title one of this article. Its\nmembers shall be appointed by the governing body of the county of\nOrange. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of this article.\n  ** 2. For purposes of this section:\n  (a) "financial assistance" shall mean any financial assistance offered\nby the Orange county industrial development agency for any project,\nincluding but not limited to, a payment in lieu of taxes agreement, an\nagreement to waive sales tax, or an agreement to waive mortgage\nrecording taxes.\n  (b) "monitor" shall mean the independent monitor appointed by the\nstate inspector general under paragraph (a) of subdivision three of this\nsection.\n  (c) "funding corporation" shall mean the Orange County Funding\nCorporation, a local development corporation established pursuant to\nsection fourteen hundred eleven of the not-for-profit corporation law.\n  ** NB Repealed May 3, 2030\n  ** 3. (a) In accordance with the powers of the office of the state\ninspector general established by subdivision eight of section fifty-four\nof the executive law, the state inspector general shall appoint an\nindependent monitor to carry out the provisions of this section\nincluding but not limited to providing guidance and technical assistance\nrelated to the policies, practices, programs and decisions of the Orange\ncounty industrial development agency and the funding corporation,\nincluding but not limited to decisions, actions and policies related to\ncontracts and financial assistance agreements. The state inspector\ngeneral shall appoint such monitor within ninety days of the effective\ndate of this subdivision or as soon thereafter as is practicable. After\nsuch appointment, the inspector general may only remove the monitor for\nviolations of law.\n  (b) The reasonable and necessary expenses incurred by the monitor\nwhile performing their official duties shall be paid by the industrial\ndevelopment agency and the funding corporation, in such proportions as\nthe state inspector general shall verify and determine are attributable\nto each entity's matters. The state inspector general shall determine\nand verify: (i) the reasonable and necessary expenses incurred by the\nmonitor in the performance of duties under this section; (ii) any\nreasonable and necessary expenses and costs, including but not limited\nto attorneys' fees and litigation costs, incurred by the monitor or the\noffice of the state inspector general in connection with the\nappointment, retention, administration, oversight, defense,\nindemnification, representation, enforcement or continuation of the\nmonitor; and (iii) the proportion of such expenses and costs\nattributable to the industrial development agency and the funding\ncorporation. The obligation to pay pursuant to this paragraph shall\napply to all such expenses and costs incurred on and after the date the\nmonitor was first appointed pursuant to paragraph (a) of this\nsubdivision, whether or not previously invoiced, noticed or demanded.\nNot later than thirty days after the effective date of the chapter\namending the laws of two thousand twenty-six that amended this\nparagraph, each such entity shall pay all unpaid amounts determined and\nverified by the state inspector general pursuant to this paragraph;\nprovided, however, that if the state inspector general provides written\nnotice of any additional amount due after such date, such amount shall\nbe paid within thirty days after receipt of such notice. For each state\nfiscal year thereafter, each such entity shall pay any amount determined\nand verified by the state inspector general pursuant to this paragraph\nnot later than thirty days after receipt of written notice from the\nstate inspector general of the amount due. Notwithstanding any other\nprovision of law to the contrary, if the industrial development agency\nor the funding corporation fails to pay any amount required to be paid\npursuant to this paragraph by the applicable date required by this\nparagraph, any contract or financial assistance entered into or proposed\nto be entered into on or after such applicable date by such industrial\ndevelopment agency or funding corporation shall not be legally binding\nor effective and may not be reconsidered until the state inspector\ngeneral certifies in writing that all amounts required to be paid by\nsuch agency or corporation pursuant to this paragraph, including all\nunpaid amounts incurred before the effective date of the chapter of the\nlaws of two thousand twenty-six that amended this paragraph, have been\npaid in full; provided, however, that nothing in this sentence shall\naffect the validity of any contract or financial assistance entered into\nbefore such applicable date. Notice of any suspension of the industrial\ndevelopment agency or funding corporation's ability to enter contracts\nor provide financial assistance pursuant to this section shall be\npublicly posted both on the website of the state inspector general, and\non the website or websites of the industrial development agency or\nfunding corporation. Any action taken in violation of this paragraph\nshall be void and shall not be legally binding or effective.\nNotwithstanding any other provision of law, while acting within the\nscope of their authority, the monitor shall not be subject to any\nliability resulting from carrying out any of the powers expressly given\nin this section, and the monitor shall be entitled to defense and\nindemnification by the industrial development agency and the funding\ncorporation.\n  (c) The monitor shall be entitled to attend all meetings of the\nindustrial development agency and the funding corporation, including\nexecutive sessions; provided however, such monitor shall not be\nconsidered for purposes of establishing a quorum of the board, provided\nfurther that the monitor may be excused from executive sessions when\nproposed, pending or current litigation involving the monitor or the\noffice of the state inspector general are being discussed. The\nindustrial development agency shall cooperate with any monitor with\naccess, within forty-eight hours of such request from the monitor, to\nany necessary documents and records of the industrial development agency\nincluding but not limited to databases and planning documents, financial\nassistance agreements, and contracts consistent with all applicable\nstate and federal statutes. The monitor shall provide a copy of such\nrequest for any document or record to the industrial development agency\nboard.\n  (d) The board shall provide the monitor with copies of any meeting\nagendas and all resolutions and motions on such agenda for each board\nmeeting no later than seventy-two hours prior to such board meeting. If\na proposed resolution or motion is for the purpose of approving a\ncontract or any financial assistance for a project, the board clerk\nshall provide the monitor with copies of the proposed contract or\nfinancial assistance language at least seven days prior to such meeting.\n  (e) In the event the monitor is not provided with copies of proposed\nresolutions or motions seventy-two hours prior to a board meeting or in\nthe case of a proposed motion or resolution for the purpose of approving\na contract or financial assistance, seven days prior to the next board\nmeeting, the monitor may, at their discretion, remove an item including\nboard resolutions or motions, from consideration by the board at such\nmeeting. Upon failure of the board to provide proposed resolutions or\nmotions as required by this section, the monitor shall provide notice of\nfailure to the board. An item removed from consideration by the monitor\nmay not be reconsidered by the board until the next board meeting.\n  (f) The monitor shall have the power to review any modification to the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article, contract or\nfinancial assistance proposed for consideration by the industrial\ndevelopment agency proposed by the board on or after the effective date\nof this subdivision; provided however, that all such proposed\nmodifications to the industrial development agency's uniform tax\nexemption policy required by section eight hundred seventy-four of this\narticle, contracts or agreements shall be provided by the industrial\ndevelopment agency board to the monitor at least seven days prior to\nadoption.\n  (i) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees of the industrial\ndevelopment agency, in writing, of the existence of violations of the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article, actual or potential\nconflicts of interest, or violations of law arising from a proposed\ncontract or financial assistance agreement that the industrial\ndevelopment agency shall consider before entering into any such contract\nor agreement.\n  (ii) The board shall document for its own records the existence and\nresolution of any actual or potential conflict of interest or other\nviolation identified by the monitor.\n  (iii) No such contract or agreement may be voted on, approved or\nentered into by the industrial development agency unless such actual or\npotential conflict of interest or violation has been resolved to the\nsatisfaction of the monitor, and unless the monitor has advised the\nboard or employees, in writing, of their approval.\n  (iv) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees, in writing, of their\ndisapproval of any changes to the industrial development agency's\nuniform tax exemption policy; provided additionally, that within thirty\ndays after their appointment, the monitor shall advise such board or\nemployees, in writing, of their disapproval of any changes to the\nindustrial development agency's uniform tax exemption policy made by the\nboard that were made on or after the effective date of this subdivision\nuntil such monitor's appointment. Any such change to the uniform tax\nexemption policy disapproved by the monitor shall not be effective, and\nshall not be reconsidered by the board for at least ten days or until\nthe next board meeting; provided, however, that any change to the\nuniform tax exemption policy that was made by the board on or after the\neffective date of this subdivision until such monitor's appointment that\nis disapproved by the monitor shall not affect the validity of any prior\nagreement entered into prior to the monitor's appointment.\n  (v) At least seventy-two hours prior to adoption by the board, the\nmonitor shall advise the board or employees, in writing, of their\ndisapproval of any proposed contract or agreement with a project\napplying for financial assistance that would permit a deviation from the\nindustrial development agency's uniform tax exemption policy required by\nsection eight hundred seventy-four of this article. Any such proposed\ncontract or financial assistance agreement that would permit a deviation\nfrom such policy shall not be effective, and may not be reconsidered by\nthe board for at least ten days or until the next board meeting.\n  (vi) The monitor shall have seventy-two hours after any contract or\nfinancial assistance is approved to review such financial assistance or\ncontract, and if a violation of policy related to the industrial\ndevelopment agency's uniform tax exemption policy required by section\neight hundred seventy-four of this article, a conflict of interest, or a\nviolation of law is identified during such time period, the monitor\nshall notify the industrial development agency in writing. Any such\ncontract or financial assistance so identified by the monitor shall not\nbe legally binding or effective, and may not be reconsidered by the\nboard for at least ten days or until the next board meeting.\n  (g) The board, in consultation with the monitor, shall adopt a\nconflict of interest policy, or revise an existing conflict of interest\npolicy, that complies with all existing applicable laws, rules and\nregulations, including article eighteen of this chapter. The conflict of\ninterest policy shall include, but not be limited to:\n  (i) a definition of the circumstances that constitute a conflict of\ninterest;\n  (ii) procedures for identifying, disclosing and resolving a conflict\nof interest to the board;\n  (iii) a requirement that the person with the conflict of interest not\nbe present at or participate in board deliberations or votes on the\nmatter giving rise to such conflict, provided that nothing in this\nparagraph shall prohibit the board from requesting that the person with\nthe conflict of interest present information as background or answer\nquestions at a board meeting prior to the commencement of deliberations\nor voting thereto;\n  (iv) a prohibition against any attempt by the person with the conflict\nto influence improperly the deliberation or voting on the matter giving\nrise to such conflict;\n  (v) compliance with all applicable state laws and regulations; and\n  (vi) a requirement that the existence and resolution of the conflict\nbe documented in the board's records, including in the minutes of any\nmeeting at which the conflict was discussed or voted upon.\n  (h) The monitor may advise the board and any industrial development\nagency officers, employees or agents to undergo any training as deemed\nnecessary.\n  (i) (i) The funding corporation shall provide the monitor with copies\nof any meeting agendas and all proposed resolutions and motions to be\nconsidered by the board of directors no later than seventy-two hours\nprior to such meeting. If a proposed resolution or motion is for the\npurpose of authorizing or approving a contract, agreement, financing,\nissuance of bonds, notes or other obligations, property transaction, or\nproject, the funding corporation shall provide the monitor with copies\nof the proposed transactional documents and material supporting\ndocumentation at least seven days prior to such meeting.\n  (ii) In the event the monitor is not provided with materials within\nthe time periods required by this paragraph, the monitor may, in their\ndiscretion, remove an item from consideration by the board of directors\nat such meeting. An item removed from consideration by the monitor may\nnot be reconsidered by the board of directors until the next meeting.\n  (iii) At least seventy-two hours prior to consideration by the board\nof directors, the monitor shall advise the funding corporation, in\nwriting, of the existence of: (A) any actual or potential conflicts of\ninterest; (B) any violations of the funding corporation's conflict of\ninterest policy; (C) any violations of section seven hundred fifteen or\nsection seven hundred fifteen-a of the not-for-profit corporation law;\n(D) any failure to comply with the funding corporation's certificate of\nincorporation; or (E) any other violations of law arising from a\nproposed transaction or project.\n  (iv) The board of directors shall document for its own records the\nexistence and resolution of any actual or potential conflict of interest\nor other violation identified by the monitor.\n  (v) No such contract, agreement, financing, issuance, property\ntransaction, or project may be voted on, approved, authorized, or\nentered into by the funding corporation unless such actual or potential\nconflict of interest or violation has been resolved to the satisfaction\nof the monitor and the monitor has advised the funding corporation, in\nwriting, of the monitor's approval.\n  (vi) In determining whether to approve a proposed project or\nfinancing, the monitor may require the funding corporation to\ndemonstrate that there is a commitment of funds sufficient to finance\nthe acquisition and construction of the project, taking into\nconsideration commitments of funds, projections of fees or other\nrevenues, and security.\n  ** NB Repealed May 3, 2030\n  ** 4. The monitor shall undertake an enhanced review of the budget\ndecisions and financial assistance agreements of the industrial\ndevelopment agency.\n  (a) The board shall annually submit the industrial development\nagency's proposed budget for the next succeeding fiscal year to the\nmonitor no later than forty-five days prior to its adoption. The monitor\nshall review the budget to ensure that it, to the greatest extent\npossible, is consistent with purposes and necessary activities of the\nOrange county industrial development agency, and that it does not\nsubstantially conflict with the long term economic interests of Orange\ncounty and its constituents.\n  (b) The board shall provide quarterly reports to the monitor and\nannual reports to the state inspector general on the operational status\nof the industrial development agency. In addition, the monitor shall\nprovide semi-annual reports to the state inspector general, the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly on the fiscal and operational status of the industrial\ndevelopment agency.  Such semi-annual report shall include a summary of\nall the contracts that the board entered into throughout the year. All\nreports shall be subject to review by the comptroller.\n  (c) The monitor shall advise the board in the development and revision\nof the industrial development agency's goals, implementation of its\npriorities and budgetary recommendations.\n  (d) The monitor may recommend, and the board may consider by vote of a\nresolution at the next scheduled meeting of the board, cost saving\nmeasures including, but not limited to, shared service agreements.\n  (e) Upon receiving a recommendation, in writing, from the monitor, the\nboard shall consider such recommendation and, within forty-five days of\nreceiving such recommendation, hold a vote on accepting such\nrecommendation. Such recommendation shall only be rejected upon at least\nfive members of the board voting to reject such recommendation. Such\nrecommendations requiring such a vote shall include, but not be limited\nto, recommendations relating to contracts, budget decisions, and\nfinancial assistance agreements.\n  ** NB Repealed May 3, 2030\n  ** 5. The monitor shall, at their discretion, direct the board to\nrecoup financial assistance, in full or in part, where the recipient of\nfinancial assistance failed to execute and complete the terms of a\ncontract, agreement or understanding including, but not limited to, job\ncreation goals and the development of promised facilities or operations.\n  ** NB Repealed May 3, 2030\n  ** 6. The Orange county funding corporation, established by Orange\ncounty resolution number one hundred twenty-five of the year two\nthousand ten is a local development corporation established pursuant to\nsection fourteen hundred eleven of the not-for-profit corporation law.\nThe funding corporation shall comply with the applicable provisions of\nsubdivision three of this section, and the monitor shall have the powers\nset forth in paragraph (i) of subdivision three of this section with\nrespect to the funding corporation.\n  ** NB Repealed May 3, 2030\n  ** 7. Notwithstanding any other provision of law to the contrary, the\nmonitor may commence an action or special proceeding in any court of\ncompetent jurisdiction to enjoin unlawful acts or practices by the\nindustrial development agency or the funding corporation and to compel\ncompliance with this section, including the recovery of amounts due to\nthe monitor for reasonable and necessary expenses and costs, including\nbut not limited to attorneys' fees and litigation costs, authorized by\nthis section.\n  ** NB Repealed May 3, 2030\n  ** 8. Nothing in this section shall be construed to abrogate the\nduties and responsibilities of the board consistent with applicable\nstate law and regulations.\n  ** NB Repealed May 3, 2030\n  * NB Agency expires per §§ 856 and 882\n
N.Y. SOS Law § 472-M — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-M
Power of corporation as to children in its care; corporation to act as guardian
Status: in_force

§ 472-m.  Power of corporation as to children in its care; corporation\nto act as guardian. Said corporation shall have the custody and control\nof all children surrendered, committed, placed or transferred to it\nunder sections four hundred seventy-two-j to four hundred seventy-two-l,\nand shall have authority by its officers or agents to restrain and\ndirect them, to assign them to suitable employments, to determine their\nhours of labor, study and rest, to care for their sustenance and health,\nand to instruct them in useful knowledge; and shall have power to place\nsuch children in suitable homes where they may be adopted into families\nor taken on trial or for a limited time, or to place such children in\ngroup homes or group residences operated by the corporation or by other\nagencies; or, in its discretion, to return them to their former home or\ntheir parents or guardians under the supervision and guidance of the\ncorporation.  And said corporation may, with the consent of any other\nagency authorized by law to take the custody and control of children,\ntransfer to such other agency the custody and control of any child\nwhenever such transfer is deemed by said corporation to be necessary and\nproper for the welfare of such child or for the discipline or protection\nof other children  in its charge, provided that there be first obtained\nfrom a judge of a court of record  an order of approval of such\ntransfer.\n