N.Y. PBA Law § 3102-B — New York Code / Act PBA / Article 10-A / Title 1 / Section 3102-B
Centers for advanced technology
Status: in_force

§ 3102-b. Centers for advanced technology. In order to encourage\ngreater collaboration between private industry and the universities of\nthe state in the development and application of new technologies, the\nfoundation is authorized to designate for advanced technology such areas\nas integrated electronics, optics, biotechnology, telecommunications,\nautomation and robotics, electronics packaging, imaging technology and\nothers identified by the foundation as having significant potential for\neconomic growth in New York, or in which the application of new\ntechnologies could significantly enhance the productivity and stability\nof New York businesses. Such designations shall be made in accordance\nwith the standards and criteria set forth in subdivision two of this\nsection. Centers so designated shall be eligible for support from the\nfoundation in the manner provided for in subdivision three of this\nsection, and for such additional support as may otherwise be provided by\nlaw.\n  1. As used in this section:\n  (a) "center for advanced technology" or "center" means a university or\nuniversity-affiliated research institute or a consortium of such\ninstitutions, designated by the foundation, which conducts a continuing\nprogram of basic and applied research, development, and technology\ncommercialization in one or more technological areas, in collaboration\nwith and through the support of private business and industry; and\n  (b) "applicant" means a university or university-affiliated research\ninstitute or a consortium of such institutions which request designation\nas a center in accordance with such requirements as are established by\nthe foundation for this purpose.\n  2. The foundation shall:\n  (a) identify technological areas for which centers should be\ndesignated including technological areas that are related to industries\nwith significant potential for economic growth and development in New\nYork state and technological areas that are related to the enhancement\nof productivity in various industries located in New York state.\n  (b) establish criteria that applicants must satisfy for designation as\na center, including, but not limited to the following:\n  (i) an established record of research, development and instruction in\nthe area or areas of technology involved;\n  (ii) the capacity to conduct research and development activities in\ncollaboration with business and industry;\n  (iii) the capacity to secure substantial private and other\ngovernmental funding for the proposed center, in amounts at least equal\nto the total of support sought from the state;\n  (iv) the ability and willingness to cooperate with other institutions\nin the state in conducting research and development activities, and in\ndisseminating research results; and to work with technical and community\ncolleges in the state to enhance the quality of technical education in\nthe area or areas of technology involved;\n  (v) the ability and willingness to cooperate with the foundation and\nother economic development agencies in promoting the growth and\ndevelopment in New York state of industries based upon or benefiting\nfrom the area or areas of technology involved.\n  (c) establish such requirements as it deems appropriate for the\nformat, content and filing of applications for designation as centers\nfor advanced technology.\n  (d) establish such procedures as it deems appropriate for the\nevaluation of applications for designation as centers for advanced\ntechnology, including the establishment of peer review panels composed\nof nationally recognized experts in the technological areas and\nindustries to which the application is related.\n  3. (a) From such funds as may be appropriated for this purpose by the\nlegislature, the foundation may provide financial support, through\ncontracts or other means, to designated centers for advanced technology,\nin order to enhance and accelerate the development of such centers.\nFunds received pursuant to this subdivision may be used for purchase of\nequipment and fixtures, employment of faculty and support staff,\nprovision of graduate fellowships, and other purposes approved by the\nfoundation, but may not be used for capital construction. In each case,\nthe amount provided by the foundation to a center shall be matched by\ncommitments of support from private and governmental other than state\nsources provided that:\n  (i) funds or in-kind resources provided by the public or private\nuniversity of which the center is a part may be counted towards the\nmatch;\n  (ii) such match shall not be required on a project-by-project basis;\n  (iii) matching funds received from businesses with no more than one\nhundred employees shall count as double the actual dollar amount toward\nthe center's overall match requirement;\n  (iv) funds used by the center for any workforce development activities\nrequired by the foundation shall not be included as part of the center's\naward when determining the amount of matching funds required by the\nfoundation. Such activities shall include, but are not limited to,\nhelping incumbent workers expand their skill sets through short courses,\nseminars, and workshops; providing industry-driven research assistant\nopportunities for students, and aiding in the development of\nundergraduate and graduate courses in the center's technology focus to\nhelp ensure that students are trained to meet the needs of industry;\n  (v) centers may use not more then twenty-five percent of indirect\ncosts towards any match requirements.\n  (b) The amount provided by the foundation shall be made in accordance\nwith the following:\n  (i) for the academic year in which it is first funded as a designated\ncenter, and the five subsequent years, the amount provided by the\nfoundation to a center shall be matched equally by the center;\n  (ii) beginning in the sixth academic year following the academic year\nin which a center is first funded as a designated center and for each\nacademic year thereafter, amounts provided by the foundation of up to\nseven hundred fifty thousand dollars shall be matched equally by the\ncenter, amounts in excess of seven hundred fifty thousand dollars shall\nbe matched by the center in amounts of at least the percentage set forth\nherein: in the sixth year, one hundred twenty percent; in the seventh\nyear, one hundred forty percent; in the eighth year, one hundred sixty\npercent; in the ninth year, one hundred eighty percent; in the tenth\nyear and each year thereafter, two hundred percent;\n  (iii) beginning in the ninth academic year following the academic year\nin which a center is first funded as a designated center, the foundation\nshall evaluate such center's area of advanced technology to determine\nwhether it has continued significant potential for enhancing economic\ngrowth in New York, or whether the application of technologies in the\narea could significantly enhance the productivity and stability of New\nYork businesses;\n  (iv) upon a finding by the foundation that an area of advanced\ntechnology has continued significant potential for enhancing economic\ngrowth in New York, or that the application of technologies in the area\ncould significantly enhance the productivity and stability of New York\nbusinesses, the foundation will initiate a redesignation process in\naccordance with the standards and criteria set forth in paragraph (b) of\nsubdivision two and in accordance with paragraphs (c) and (d) of\nsubdivision two of this section.\n  (1) In the event a new center is selected in the redesignation\nprocess, the foundation shall provide funds to such new center in\naccordance with the funding match requirements set forth in\nsubparagraphs (i) and (ii) of paragraph (a) of this subdivision.\n  (2) In the event a previously designated center is redesignated in the\nsame area of technology, which redesignation is effective for the tenth\nacademic year following the first academic year of both designation and\nfunding, then, in that year and in each year thereafter, the foundation\nshall provide funds of up to seven hundred fifty thousand dollars to be\nmatched equally by the center, amounts in excess of seven hundred fifty\nthousand dollars shall be matched by the center in amounts of at least\ntwo hundred percent.\n  (3) In the event a currently designated center is not selected in the\nredesignation process for an additional term, or upon a finding by the\nfoundation that the area of advanced technology does not have\nsignificant potential for enhancing economic growth in New York, or upon\na finding that the application of technologies in that area would not\nsignificantly enhance the productivity and stability of New York\nbusinesses, then the foundation shall, in the tenth academic year\nfollowing such center's first both designation and funding, which year\nshall be the final year of funding for such center, provide an amount of\nup to five hundred thousand dollars.\n  (c) Continued funding of the operations of each center shall be based\nupon a showing that: the center continues to comply with the criteria\nestablished by the foundation pursuant to paragraph (b) of subdivision\ntwo of this section; a demonstration of assistance to small businesses\nin New York state through research, technology transfer or other means\nas approved by the foundation; evidence of partnerships with other\nappropriate entities to develop outreach networks and ensure that\ncompanies receive access to appropriate federal funding for technology\ndevelopment and commercialization as well as non-research assistance\nsuch as general business consulting. Appropriate partners are those with\nwhich the center demonstrates a relationship that enhances and advances\nthe center's ability to aid economic growth in New York state; and\ncompliance with the rules, regulations and guidelines of the foundation;\nand, compliance with any contracts between the foundation and the\ndesignated center.\n  (d) Each center shall report on its activities to the foundation in a\nmanner and according to the schedule established by the foundation, and\nshall provide such additional information as the foundation may require\nprovided, that quantifiable economic development impact measures are not\nrestricted to any period less than five years and that centers provide a\nfull description of all non-quantifiable measures. The foundation shall\nevaluate center operations using methods such as site visits, reporting\nof specified information and peer review evaluations using experts in\nthe field of technology in which the center was designated. The\nfoundation shall notify each center of the results of its evaluations\nand findings of deficiencies in the operation of such center or its\nresearch, education, or technology commercialization activities and\nshall work with such centers to remedy such findings. If such factors\nare not remedied, the foundation may withdraw the state funding support,\nin whole or in part, or withdraw the center designation.\n  (e) In order to encourage that the results of center research benefit\nNew York state, designation and continued funding of each center shall\nbe contingent upon each center's establishing within its licensing\nguidelines the following: after payment of the inventor's share, a\nreduced payment due to the university of any royalty, income or other\nconsideration earned from the license or sale of intellectual property\nrights created or developed at, or through the use of, the facilities of\nthe center by any person or entity if the manufacturing or use resulting\nfrom such intellectual property rights occurs within New York state. The\nfoundation shall promulgate rules and regulations regarding the\nprovisions of the licensing guidelines described herein as they apply to\nsuch reduced payment, and such provisions shall be subject to the\napproval of the foundation.\n  4. From such funds as may be appropriated for this purpose by the\nlegislature, the foundation may provide grants to any one university or\nuniversity-affiliated research institution for purposes of planning and\nprogram development aimed at enabling such university or\nuniversity-affiliated research institution to qualify for designation as\na center. Such grants shall be awarded on a competitive basis, and shall\nbe available only to those applicants which in the judgment of the\nfoundation may reasonably be expected to be designated as centers. No\napplicant shall receive more than one such grant.\n  5. (a) From such funds as may be appropriated for the purpose of\nincentive grants or other funds which may be available from the\nfoundation to enhance center activities in areas of crucial interest in\nthe state's economic development, the foundation may provide grants, on\na competitive basis, to centers for projects including, but not limited\nto, those which:\n  (i) explore new technologies with commercial application conducted\njointly by two or more centers or a center and non-center university,\ncollege or community college;\n  (ii) are aimed at enhancing or accelerating the process of bringing\nnew products, particularly those under development by new small\nbusinesses, to the marketplace; or\n  (iii) increase technology transfer projects with the state's mature\nmanufacturing industries in applying technology in their manufacturing\nprocesses or for new product development.\n  (b) State support for incentive grants may be matched on an individual\nbasis by the foundation, which may consider the type of project and the\navailability of amounts from private, university and governmental, other\nthan state, sources.\n  6. (a) The foundation shall make an annual report of the centers for\nadvanced technology program to the governor and the legislature not\nlater than September first of each year. Such report shall include, but\nnot be limited to, the results of the foundation's evaluation of each\ncenter, a description of the achievement of each center, any\ndeficiencies in the operation of each center or its research, education\nand technology commercialization activities, remedial actions\nrecommended by the foundation, remedial actions taken by each center, a\ndescription of the small business assistance provided by each center, a\ndescription of any incentive grant program awarded a grant by the\nfoundation and the achievements of such program, and the amount of\nfinancial assistance provided by the foundation and the level of\nmatching funds provided by each center and the uses of such monies.\n  (b) Annual reports shall include a discussion of any fields of\ntechnology that the foundation has identified as having significant\npotential for economic growth or improved productivity and stability of\nNew York businesses and in which no center for advanced technology has\nbeen designated and recommendations of the foundation as to actions that\nshould be taken.\n
N.Y. GMU Law § 883 — New York Code / Act GMU / Article 18-A / Title 1 / Section 883
Conflicts of interest
Status: in_force

§ 883. Conflicts of interest. All members, officers, and employees of\nan agency or industrial development authority established by this\nchapter or created by the public authorities law shall be subject to the\nprovisions of article eighteen of this chapter.\n
N.Y. SOS Law § 141 — New York Code / Act SOS / Article 5 / Title 1 / Section 141
Burial of the dead
Status: in_force

§ 141. Burial of the dead. 1. (a) If a recipient of public assistance\nor care or other person dies leaving no funds or insurance sufficient to\npay the expense of his burial, the relatives who survive him who were or\nwould have been responsible for his support, pursuant to section one\nhundred one of this chapter, shall be responsible for such expense to\nthe extent that they are able to pay the same in whole or in part; and\nthe public welfare official paying such expense or any part thereof may\nrecover all or part of the amounts expended by him from such relatives,\nwho shall be severally and jointly liable therefor in accordance with\ntheir respective abilities.\n  (b) Except as otherwise provided the public welfare district, town or\ncity which was or would have been responsible for furnishing public\nassistance or care to the person while alive shall provide for the care,\nremoval and burial of the body of a recipient of public assistance or\ncare who shall die, or of a person found dead in the public welfare\ndistrict.\n  2. If, when such provision is made by a public welfare district, town\nor city, the deceased leave no funds or insurance sufficient to pay the\nexpense of his burial and there are no known relatives, friends or\npersonal representatives liable or willing to become responsible for\nsuch expense, the expense of such burial shall be a charge on such\npublic welfare district, town or city but the public welfare official\nthereof may recover the same in whole or in part from the relatives of\nthe deceased liable therefor.\n  3. (a) When burial arrangements for a recipient of public assistance\nor care are made by relatives or friends of the deceased and the expense\nof such burial does not exceed the amount fixed by the appropriate\npublic welfare official or the local appropriating body for similar\nburials in similar circumstances, such public welfare official may:\n  (1) if such relatives or friends were required to pay the expense of\nsuch burial in order to arrange the same, wholly or partly reimburse\nthem, from assets transferred or assigned to such social services\nofficial by or on behalf of the deceased recipient; but he shall not\nreimburse a legally responsible relative of the deceased for any part of\nthe amount paid by him which in the judgment of such social services\nofficial such relative is able to bear; nor shall such official expend\nfrom such assets for such purpose more than is permitted by or pursuant\nto this section, other provisions of this chapter and regulations of the\ndepartment.\n  (2) pay part of the expense of such burial, if, and to the extent and\nunder the circumstances, permitted by his local policy, which shall not\nbe inconsistent with this chapter, and the regulations of the\ndepartment; but in no case shall such social services official pay more\nthan the balance remaining to be paid after the total of the amounts\npaid or to be paid by all other sources, including payments made or to\nbe made by such legally responsible relatives of the deceased as are in\nthe judgment of such official able to bear the same, is credited to and\ndeducted from such expense.\n  (b) In no case shall a public welfare official expend, pursuant to the\nprovisions of this section or any other provision of this chapter, for\nthe burial of a recipient of public assistance or care, from assets\ntransferred or assigned to him by or on behalf of such recipient, an\namount which shall be in excess of five hundred dollars.\n  4. For purposes of this section, the term "recipient of public\nassistance and care" shall include persons receiving federal\nsupplemental security income benefits pursuant to title sixteen of the\nfederal social security act and/or additional state payments pursuant to\ntitle six of article five of this chapter.\n  5. Expenditures for burial made by social services districts, cities\nand towns pursuant to the provisions of this chapter shall, if approved\nby the department, be subject to reimbursement by the state, in\naccordance with the regulations of the department to the extent of one\nhundred per centum thereof in the case of needy Native Americans and\nmembers of their families residing on a reservation within the state and\nfifty per centum in all other cases, and such reimbursement shall be\nclaimed and paid in accordance with the procedure prescribed by and\npursuant to section one hundred fifty-three. However, only so much of\nsuch an expenditure as does not exceed two hundred fifty dollars for\nexpenditures made prior to October first, nineteen hundred eighty-six,\nfour hundred dollars for expenditures made on and after October first,\nnineteen hundred eighty-six and prior to April first, nineteen hundred\neighty-seven and nine hundred dollars for expenditures made on and after\nApril first, nineteen hundred eighty-seven shall be subject to\nreimbursement by the state.\n  6. If an applicant for or a recipient of public assistance or care or\nof medical assistance under section two hundred nine or three hundred\nsixty-six of this chapter establishes an irrevocable trust for the\npayment of his or her funeral expenses, or those of a family member,\nunder section four hundred fifty-three of the general business law, any\nfunds remaining in such trust after the payment of all funeral expenses\nmust be paid over to the social services official responsible for\narranging for burials under this section in the local government\nsubdivision where the decedent resided.\n
N.Y. PBA Law § 3309 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3309
Remedies of bondholders
Status: in_force

§ 3309. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the corporation shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe corporation shall fail or refuse to comply with the provisions of\nthis title or shall default in any agreement made with the holders of\nany issue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the corporation is located and proved\nor acknowledged in the same manner as a deed to be recorded, may appoint\na trustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the corporation to collect rents, rates, fees and charges\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates, fees and charges and to require the corporation to carry out any\nother agreements with the holders of such bonds to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the corporation to account as if\nit were the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\nper centum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the\ncorporation.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all monies and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the corporation\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the corporation under the direction of\nthe court.  In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n
N.Y. ELD Law § 223 — New York Code / Act ELD / Article 2 / Title 1 / Section 223
Economically sustainable transportation demonstration program
Status: in_force

§ 223. Economically sustainable transportation demonstration program.\n1.  Definitions. As used in this section:\n  (a) "Economically sustainable transportation provider" shall mean a\nnon-profit provider of transportation services that submits to the\ndirector and obtains approval of a plan demonstrating that the provider\nis capable of providing economically sustainable transportation\nservices.\n  (b) "Economically sustainable transportation services" shall mean\ndemand-responsive transportation services that are provided:\n  (1) by automobile;\n  (2) to qualified individuals;\n  (3) twenty-four hours a day, seven days a week; and\n  (4) by volunteer or paid drivers.\n  (c) "Qualified individual" shall mean an individual who is:\n  (1) an older individual, as defined in section 102 of the Older\nAmericans Act of 1965 (42 U.S.C. 3002); or\n  (2) an individual who is blind, within the meaning of the\nRehabilitation Act of 1973 (29 U.S.C. 701 et seq.), an individual who\nhas significant visual impairment described in section 751 of the\nRehabilitation Act of 1973 (29 U.S.C. 796j), or an individual who is\neligible for benefits under title II or XVI of the Social Security Act\n(42 U.S.C. 401 et seq., 1381 et seq.) on the basis of blindness.\n  (d) "Qualified transportation account" shall mean an account\nestablished for a qualified individual for the purpose of acquiring\ntransportation services from an economically sustainable transportation\nprovider.\n  (e) "Director" shall mean the director of the New York state office\nfor the aging.\n  (f) "Eligible entity" shall mean a private non-profit organization\nwith experience in establishing and replicating the independent\ntransportation network to provide economically sustainable\ntransportation services for qualified individuals.\n  2. The director shall establish the economically sustainable\ntransportation demonstration program for the purpose of enabling seniors\nto remain independent and mobile in their community. The program would\nprovide an on demand transit service for seniors that would use\nautomobiles driven by volunteer and paid drivers to transport seniors to\nwhere they need and want to go. After a period of five years, the\nprogram would no longer be eligible for state funding and would be\ncompletely self-sustaining, relying on consumer fares and voluntary\ncommunity support to remain operational.\n  3. Before carrying out the economically sustainable transportation\ndemonstration program, the director shall enter into a contract or a\ncooperative agreement with an eligible entity to provide recommendations\nand support to the director regarding the administration of such a\nprogram.\n  (a) The eligible entity that enters into a contract or agreement under\nsubdivision three of this section shall:\n  (1) Provide initial and ongoing technical assistance and support to\nthe director for the administration of the sustainable transportation\ndemonstration program.\n  (2) Provide initial and ongoing technical assistance to economically\nsustainable transportation providers.\n  (3) Provide recommendation to the director about the establishment of,\nand requirements concerning locations where the economically sustainable\ntransportation services will be provided in the state.\n  (4) Provide recommendations to the director for the creation and use\nof qualified transportation accounts for the transportation services,\nincluding the provisions that such an account:\n  (i) may be funded with credits or funds equal to the value of a\nvehicle traded to an economically sustainable transportation provider\nby, or on behalf of, a qualified individual, or by other means;\n  (ii) shall be used only to provide transportation services to the\nqualified individual;\n  (iii) shall have a designated beneficiary; and\n  (iv) shall be transferable to an individual other than the qualified\nindividual.\n  (5) Provide recommendations to the director regarding participation in\nany federal grant program for an economically sustainable transportation\nprogram.\n  4. After receiving the recommendations and support described in\nsubdivision three of this section, the director shall develop a request\nfor proposal to carry out the economically sustainable demonstration\nprogram.\n  5. Copyrights and trademarks. Nothing in this section shall affect the\nrights of the eligible entity under the copyright or trademark laws of\nthe United States. Nothing in this section shall require the disclosure\nof information to which Federal law relating to trade secrets (including\nsection 552(b)(4) of title 5, United States Code) applies. In entering\ninto a contract or cooperative agreement under this section, the\ndirector shall not establish any conditions that affect such rights or\nrequire such disclosure.\n  6. Within amounts appropriated, the director shall make grants\navailable to qualified economically sustainable transportation providers\nof no less than fifty-five thousand dollars per grantee in the first\nyear of the operation of the program. Such providers shall be eligible\nto receive funding under this section annually for up to five years.\nAfter such time, providers must be able to provide economically\nsustainable transportation services without receiving further public\nfinancial assistance for operating or capital expenses.\n  7. To be eligible to receive a grant under this section, an\neconomically sustainable transportation provider shall commit to raising\nmatching funds from non-state sources equal to fifty percent of the\nstate grant.  Up to ten percent of the provider match may be provided\nin-kind.\n  8. The office may use up to twelve percent of the total of any funding\nappropriated pursuant to this section for administration.\n
N.Y. EDN Law § 667 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 667
Tuition assistance program awards
Status: in_force

§ 667. Tuition assistance program awards.  1. Recipient\nqualifications. Tuition assistance program awards are available for all\nstudents who are enrolled in approved programs and who demonstrate the\nability to complete such courses, in accordance with standards\nestablished by the commissioner provided, however, that no award shall\nbe made unless tuition (exclusive of educational fees) and, if\napplicable, the college fee levied by the state university of New York\npursuant to the April first, nineteen hundred sixty-four financing\nagreements with the New York state dormitory authority charged for the\nprogram in which the student is enrolled total at least two hundred\ndollars a year, and provided further that, no award can exceed one\nhundred percent of the amount of tuition charged.\n  2. Duration. No undergraduate shall be eligible for more than four\nacademic years of study, or five academic years if the program of study\nnormally requires five years. Students enrolled in a program of remedial\nstudy, approved by the commissioner in an institution of higher\neducation and intended to culminate in a degree in undergraduate study\nshall, for purposes of this section, be considered as enrolled in a\nprogram of study normally requiring five years. An undergraduate student\nenrolled in an eligible two year program of study approved by the\ncommissioner shall be eligible for no more than three academic years of\nstudy. An undergraduate student enrolled in an approved two or four-year\nprogram of study approved by the commissioner who must transfer to\nanother institution as a result of permanent college closure shall be\neligible for up to two additional semesters, or their equivalent, to the\nextent credits necessary to complete the student's program of study were\ndeemed non-transferable from the closed institution or were deemed not\napplicable to such student's program of study by the new institution.\nAny semester, quarter, or term of attendance during which a student\nreceives any award under this article, after the effective date of the\nformer scholar incentive program and prior to academic year nineteen\nhundred eighty-nine--nineteen hundred ninety, shall be counted toward\nthe maximum term of eligibility for tuition assistance under this\nsection, except that any semester, quarter or term of attendance during\nwhich a student received an award pursuant to section six hundred\nsixty-six of this subpart shall be counted as one-half of a semester,\nquarter or term, as the case may be, toward the maximum term of\neligibility under this section. Any semester, quarter or term of\nattendance during which a student received an award pursuant to section\nsix hundred sixty-seven-a of this subpart shall not be counted toward\nthe maximum term of eligibility under this section.\n  3. Tuition assistance program awards.\n  a. Amount. The president shall make awards to students enrolled in\ndegree-granting institutions or registered not-for-profit business\nschools qualified for tax exemption under § 501(c)(3) of the internal\nrevenue code for federal income tax purposes in the following amounts:\n  (i) For each year of undergraduate study, assistance shall be provided\nas computed on the basis of the amount which is the lesser of the\nfollowing:\n  (A) (1) In the case of students who have not been granted an exclusion\nof parental income, who have qualified as an orphan, foster child, or\nward of the court for the purposes of federal student financial aid\nprograms authorized by Title IV of the Higher Education Act of 1965, as\namended, or had a dependent for income tax purposes during the tax year\nnext preceding the academic year for which application is made, except\nfor those students who have been granted exclusion of parental income\nwho have a spouse but no other dependent:\n  (a) Five thousand dollars, except starting in two thousand\nfourteen-two thousand fifteen such students shall receive five thousand\none hundred sixty-five dollars, and except starting in two thousand\ntwenty-one--two thousand twenty-two and thereafter such students shall\nreceive five thousand six hundred sixty-five dollars, provided however\nthat nothing herein shall be construed as increasing any award made\npursuant to this section for an academic year prior to two thousand\ntwenty-one--two thousand twenty-two; or\n  (b) For undergraduate students enrolled in a program of study at a\nnon-public degree-granting institution that does not offer a program of\nstudy that leads to a baccalaureate degree, or at a registered\nnot-for-profit business school qualified for tax exemption under section\n501(c)(3) of the internal revenue code for federal income tax purposes\nthat does not offer a program of study that leads to a baccalaureate\ndegree, four thousand dollars, except starting in two thousand\ntwenty-one--two thousand twenty-two and thereafter such students shall\nreceive four thousand five hundred dollars. Provided, however, that this\nsubitem shall not apply to students enrolled in a program of study\nleading to a certificate or degree in nursing.\n  (2) In the case of students receiving awards pursuant to subparagraph\n(iii) of this paragraph and those students who have been granted\nexclusion of parental income who have a spouse but no other dependent\nbeginning in the two thousand twenty-one--two thousand twenty-two\nacademic year and thereafter, three thousand five hundred twenty-five\ndollars, provided that nothing herein shall be construed as increasing\nany award made for any prior academic year; or\n  (B) (1) Ninety-five percent of the amount of tuition (exclusive of\neducational fees) charged and, if applicable, the college fee levied by\nthe state university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority.\n  (2) For the two thousand one--two thousand two academic year and\nthereafter one hundred percent of the amount of tuition (exclusive of\neducational fees) charged and, if applicable, the college fee levied by\nthe state university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority.\n  (ii) Except for students as noted in subparagraph (iii) of this\nparagraph, the base amount as determined from subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income                    Schedule of reduction\n                                    of base amount\n(A) Less than seven thousand        None\n    dollars\n(B) Seven thousand dollars or       Seven per centum of excess\n    more, but less than eleven      over seven thousand dollars\n    thousand dollars\n(C) Eleven thousand dollars or      Two hundred eighty dollars\n    more, but less than eighteen    plus ten per centum of excess\n    thousand dollars                over eleven thousand dollars\n(D) Eighteen thousand dollars or    Nine hundred eighty dollars\n    more, but not more than one     plus twelve per centum of\n    hundred twenty-five             excess over eighteen\n    thousand dollars                thousand dollars\n  (iii) (A) For students who have been granted exclusion of parental\nincome and were single with no dependent for income tax purposes during\nthe tax year next preceding the academic year for which application is\nmade, the base amount, as determined in subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income                    Schedule of reduction\n                                    of base amount\n(1) Less than three thousand        None\n    dollars\n(2) Three thousand dollars or       Thirty-one per centum of\n    more, but not more than thirty  amount in excess of three\n    thousand dollars                thousand dollars\n(B) For those students who have been granted exclusion of parental\nincome who have a spouse but no other dependent, for income tax purposes\nduring the tax year next preceding the academic year for which\napplication is made, the base amount, as determined in subparagraph (i)\nof this paragraph, shall be reduced in relation to income as follows:\nAmount of income                    Schedule of reduction\n                                    of base amount\n(1) Less than seven thousand        None\n    dollars\n(2) Seven thousand dollars or       Seven per centum of excess\n    more, but less than eleven      over seven thousand dollars\n    thousand dollars\n(3) Eleven thousand dollars or      Two hundred eighty dollars\n    more, but less than eighteen    plus ten per centum of excess\n    thousand dollars                over eleven thousand dollars\n(4) Eighteen thousand dollars or    Nine hundred eighty dollars\n    more, but not more than sixty   plus twelve per centum of\n    thousand dollars                excess over eighteen\n                                    thousand dollars\n  (iv) If the amount of reduction is not a whole dollar, it shall be\nreduced to the next lowest whole dollar. In the case of any student who\nhas received four or more payments pursuant to any and all awards\nprovided for in this subdivision, for the two thousand--two thousand one\nacademic year the base amount shall be reduced by an additional one\nhundred fifty dollars for the two thousand one--two thousand two\nacademic year and thereafter the base amount shall be reduced by an\nadditional one hundred dollars.\n  (v) The award shall be the net amount of the base amount determined\npursuant to subparagraph (i) of this paragraph reduced pursuant to\nsubparagraph (ii) or (iii) of this paragraph but the award shall not be\nreduced for the two thousand--two thousand one and two thousand one--two\nthousand two academic years below two hundred seventy-five dollars if\nthe amount of income is eighty thousand dollars or less and more than\nseventy thousand dollars, three hundred twenty-five dollars if the\namount of income is seventy thousand dollars or less and more than sixty\nthousand dollars and four hundred twenty-five dollars if the amount of\nincome is sixty thousand dollars or less.\n  (vi) For the two thousand two--two thousand three through two thousand\ntwenty-three--twenty-four academic years, the award shall be the net\namount of the base amount determined pursuant to subparagraph (i) of\nthis paragraph reduced pursuant to subparagraph (ii) or (iii) of this\nparagraph but the award shall not be reduced below five hundred dollars.\n  (vii) For the two thousand twenty-four--two thousand twenty-five\nacademic year and thereafter, the award shall be the net amount of the\nbase amount determined pursuant to subparagraph (i) of this paragraph\nreduced pursuant to subparagraph (ii) or (iii) of this paragraph but the\naward shall not be reduced below one thousand dollars.\n  b. Amount. The president shall make awards to students enrolled in two\nyear programs offered in registered private business schools except for\nregistered not-for-profit business schools qualified for tax exemption\nunder section 501(c)(3) of the internal revenue code for federal income\ntax purposes in the following amounts:\n  (i) For each year of study, assistance shall be provided as computed\non the basis of the amount which is the lesser of the following:\n  (A) (1) one thousand three hundred dollars, or\n  (2) for students receiving awards pursuant to subparagraph (iii) of\nthis paragraph, one thousand one hundred forty dollars; or\n  (B) (1) Ninety-five percent of the amount of tuition (exclusive of\neducational fees) charged.\n  (2) For the two thousand one--two thousand two academic year and\nthereafter one hundred percent of the amount of tuition (exclusive of\neducational fees).\n  (ii) Except for students as noted in subparagraph (iii) of this\nparagraph, the base amount as determined in subparagraph (i) of this\nparagraph, shall be reduced in relation to income as follows:\nAmount of income                    Schedule of reduction\n                                    of base amount\n(A) Less than seven thousand        None\n    dollars\n(B) Seven thousand dollars or       Seven per centum of the excess\n    more, but less than eleven       over seven thousand dollars\n    thousand dollars\n  (iii) For students who have been granted exclusion of parental income\nand were single with no dependent for income tax purposes during the tax\nyear next preceding the academic year for which application is made, the\nbase amount, as determined in subparagraph (i) of this paragraph, shall\nbe reduced in relation to income as follows:\nAmount of income                    Schedule of reduction of\n                                    base amount\n(A) Less than three thousand        None\n    dollars\n(B) Three thousand dollars or       Thirty-one per centum of the ex-\n    more, but not more than ten     cess over three thousand dollars\n    thousand dollars\n  (iv) If the amount of reduction is not a whole dollar, it shall be\nreduced to the next lowest whole dollar. In the case of any student who\nhas received four or more payments pursuant to any and all awards\nprovided for in this subdivision, for the two thousand--two thousand one\nacademic year the base amount shall be reduced by an additional one\nhundred fifty dollars for the two thousand one--two thousand two\nacademic year and thereafter the base amount shall be reduced by an\nadditional one hundred dollars.\n  (v) The award shall be the net amount of the base amount determined\npursuant to subparagraph (i) of this paragraph reduced pursuant to\nsubparagraph (ii) or (iii) of this paragraph but the award shall not be\nreduced below one hundred dollars. If the income exceeds the maximum\namount of income allowable under subparagraph (ii) or (iii) of this\nparagraph, no award shall be made.\n  c. Restrictions. In no even shall shall any award:\n  (i) be made unless the annual tuition (exclusive of educational fees)\nand, if applicable, the college fee levied by the state university of\nNew York pursuant to the April first, nineteen hundred sixty-four\nfinancing agreement with the New York state dormitory authority charged\nfor the program in which the student is enrolled total at least two\nhundred dollars; or\n  (ii) exceed the amount by which such annual tuition (exclusive of\neducational fees) and, if applicable, the college fee levied by the\nstate university of New York pursuant to the April first, nineteen\nhundred sixty-four financing agreement with the New York state dormitory\nauthority exceed the total of all other state, federal, or other\neducational aid that is received or receivable by such student during\nthe school year for which such award is applicable and that, in the\njudgment of the commissioner, would duplicate the purposes of the award;\nor\n  (iii) be made when income exceeds the maximum income set forth in this\nsubdivision. The commissioner shall list in his regulations all major\nstate and federal financial aid available to New York state students and\nidentify any forms of aid that are duplicative of the purposes of the\ntuition assistance program. For the purposes of this subdivision,\nneither United States war orphan educational benefits nor benefits under\nthe veterans' readjustment act of nineteen hundred sixty-six shall be\nconsidered as federal or other educational aid.\n
N.Y. ACA Law § 60.05 — New York Code / Act ACA / Title V-1 / Article 60 / Section 60.05
Private remedies
Status: in_force

§ 60.05. Private remedies. Any consumer injured by the failure of a\ndealer to provide a certificate of authenticity containing the\ninformation required by section 60.02 of this article, or by the\nfurnishing by a dealer of a certificate of authenticity that contains\ninformation that the dealer knows or has reason to believe is materially\nfalse may bring an action for recovery of damages after giving the\ndealer fifteen days notice by certified mail, return receipt requested.\nIn any such action the court may allow the prevailing consumer the costs\nof the action together with reasonable attorney's fees and expert\nwitnesses' fees. A dealer may assert the tender of a refund of the\noriginal purchase price as a full defense to such an action when such\nrefund has been tendered prior to the commencement of such action. This\nremedy shall not bar or be deemed inconsistent with the exercise of\nadditional remedies otherwise available to the consumer.\n
N.Y. EDN Law § 184 — New York Code / Act EDN / Title 1 / Article 3 / Part 5 / Section 184
Survivor's benefits
Status: in_force

§ 184. Survivor's benefits.  In the case of the death of any electing\nemployee after the effective date of his election and before retirement,\nthe value of the death benefits provided by the contract or contracts\ncontinued under the education department optional retirement program\nwhich is attributable to the state's contribution as determined by the\ncommissioner, shall be deemed to be an ordinary death benefit provided\nunder a public pension plan within the meaning of section one hundred\nfifty-four of the civil service law.\n
N.Y. EDN Law § 318 — New York Code / Act EDN / Title 1 / Article 7 / Section 318
Distribution of surplus computers
Status: in_force

§ 318. Distribution of surplus computers. 1. General definitions. As\nused in this section:\n  (a) "Computer" means a computer central processing unit (CPU) and,\nwhere attached to a CPU, such computer cases, computer memory, cards and\nother peripheral devices as may reasonably be viewed functionally as one\nunit.\n  (b) "Computer software" means executable computer programs and related\ndata files on computer-related media, including but not limited to\nfloppy disks, hard disks, optical and magneto-optical computer data\nstorage devices.\n  (c) "Computer equipment" means computers, computer memory, cards, and\nassociated peripheral devices, including but not limited to floppy disk\ndrives, hard disk drives, printers, modems, computer-related cables and\nnetworking devices, scanners, computer monitors and computer software.\n  2. The commissioner and the commissioner of general services shall,\nwithin one hundred eighty days of the effective date of this section, in\nconsultation with members of the computer industry, representatives of\nschool boards associations, and teachers' organizations, develop\nguidelines by which the monetary value of surplus computer equipment can\nbe compared with its potential educational value, in order to assist the\ncommissioner of general services to implement the provisions of section\none hundred sixty-eight of the state finance law.\n  3. The commissioner shall, within one hundred eighty days of the\neffective date of this section, and with the advice and counsel of the\noffice of general services:\n  (a) develop guidelines governing distribution of state owned surplus\ncomputer equipment to learning institutions involved in the repair and\nrestoration of such computer equipment; such guidelines shall identify\ntechnical educational programs in the colleges and schools within the\nstate with the capacity to repair and restore computer equipment and\nwhich may use the repair of such equipment in the technological training\nof their students;\n  (b) develop guidelines under which repaired and restored computer\nequipment shall be equitably distributed, subject to the following\nguidelines:\n  (i) distribution of state-owned surplus computer equipment shall be\nprovided to public schools, the division for youth, public libraries,\nand other public and private institutions for secular educational use,\nand to not-for-profit institutions for use by individuals with\ndisabilities, upon proof of need, and subordinate to the requirements of\nthe public schools, the division for youth and libraries of New York\nstate;\n  (ii) distribution of surplus computer equipment shall be based on\ncompetitive proposals from schools, the division for youth, libraries,\nand other public and private educational programs for secular\neducational use, including not-for-profit institutions serving persons\nwith disabilities, which shall demonstrate need and specific plans for\nthe use of such equipment; and\n  (iii) the department shall assist applicants in preparing such\nproposals.\n  4. (a) The commissioner is hereby authorized to seek and to accept the\ntransfer of title of surplus computer equipment of educational value\nfrom agencies of the state and from the office of general services for\nfurther distribution consistent with the purposes of this section and\npursuant to the guidelines developed under subdivisions two and three of\nthis section. Such distribution shall be performed by the office of\ngeneral services upon the request of the commissioner. Any\ntransportation costs for shipping such surplus equipment shall be borne\nby the office of general services.\n  (b) The department shall periodically distribute copies of an\ninventory of surplus computer equipment that is available for\ndistribution contemplated by this section to educational institutions\nunder its supervision and to such other institutions as the commissioner\nshall have designated, and make it known that those institutions may\nsubmit proposals to obtain such computer equipment. Upon a proposal\nhaving been approved pursuant to this section, the office of general\nservices shall deliver such computer equipment to the recipient pursuant\nto paragraph (c) of this subdivision.\n  (c) The office of general services may charge reasonable fees to the\nfinal recipients of such computer equipment for shipping and handling,\nincluding costs associated with shipping such computer equipment to\ninstitutions authorized pursuant to this section to repair or restore\nsuch computer equipment, provided that such fees shall not exceed\none-half the value of the computer equipment as determined pursuant to\nsubdivision two of this section, provided that such fees are published,\nupdated, and distributed with the inventories to the department, and\nprovided that requests for proposals for such computer equipment contain\na summary of accompanying fees. Nothing herein shall be construed to\nprohibit such institutions involved in the repair and restoration of\nsuch computer equipment from arranging for the shipping and handling of\nsuch computer equipment to and/or from such institution on its own.\n  5. The commissioner may accept any and all donations of money,\nequipment, supplies, materials or services, from any person, firm,\nassociation, foundation, or corporation, and may receive and utilize the\nsame in fulfilling the purposes and provisions of this section. Any\ndonation so accepted shall be reported in the report required by\nsubdivision six of this section. Such report shall include the nature\nand amount of the donation and the identity of each donor, except where\nsuch donor has requested anonymity in writing.\n  6. The commissioner shall:\n  (a) Keep inventory of computer equipment distributed under this\nsection to educational facilities based on information provided to the\ncommissioner by the office of general services; and\n  (b) In collaboration with the commissioner of general services, report\nevery two years to the governor, the temporary president of the senate,\nthe speaker of the assembly, the inspector general and the state\ncomptroller. The initial report shall be submitted on the first of July,\nnot more than two years after the date on which this section shall have\nbecome law. The report shall include but not be limited to current\ninventories of surplus computer equipment in the possession of the\ndepartment and of the office of general services, inventories of surplus\ncomputer equipment that have been distributed to educational\ninstitutions, summaries of requests and deliveries to the various\ninstitutions, the criteria used in determining which institutions\nreceived what equipment, and recommendations for more effective means of\ncarrying out their duties under this section.\n  7. To promote the purposes of this section, the commissioner shall\nexamine alternative methods for service, repair, and distribution of\ncomputer equipment and may apply for and utilize such state and\nfederally funded programs as may appear effective and consistent with\nthe purposes of this section. Any grant or services accepted under this\npart shall be reported in the biennial report required by subdivision\nsix of this section. Such report shall include the nature, amount and\nsource of each grant or services.\n  8. Nothing in this section shall limit the authority of the\ncommissioner or the commissioner of general services to establish\nmechanisms by which donated or state-owned surplus property that is not\ncomputer equipment, but has educational usefulness for enhancing\ntechnological and scientific literacy that substantially exceeds its\nmonetary value, may be provided to public and private institutions for\neducational use.\n  9. In developing and carrying out guidelines under this section, the\ncommissioner of general services and the commissioner shall ensure that\nsoftware will not be transferred pursuant hereto if such transfer would\ncause a breach of a computer software license agreement or an\ninfringement of a copyright.\n
N.Y. ACA Law § 60.01 — New York Code / Act ACA / Title V-1 / Article 60 / Section 60.01
Definitions
Status: in_force

§ 60.01. Definitions. As used in this article, the following terms\nshall have the following meanings:\n  1. "Autographed" means bearing the actual signature of a sports\npersonality, signed by such individual's own hand.\n  2. "Collectible" means an autographed sports item including, but not\nlimited to, a photograph, book, ticket, plaque, sports program, trading\ncard, item of sports equipment or clothing, or other sports memorabilia\nsold or offered for sale in or from this state by a dealer to a consumer\nfor twenty-five dollars or more.\n  3. "Consumer" means any natural person who purchases an autographed\nsports collectible from a dealer for personal, family or household\npurposes.\n  4. "Dealer" means a person who is in the business of selling or\noffering for sale in or from this state, exclusively or non-exclusively,\nautographed sports collectibles or a person who by his occupation holds\nhimself out as having knowledge or skill peculiar to such collectibles,\nor to whom such knowledge or skill may be attributed by his employment\nof an agent or other intermediary who by his occupation holds himself\nout as having such knowledge or skill. The term "dealer" includes an\nauctioneer who sells such collectibles at public auction, and includes\npersons who are consignors or principals of auctioneers.\n  5. "Description" means any representation in writing, including but\nnot limited to a representation contained in an advertisement, invoice,\ncatalog, flyer, sign, brochure, or other commercial or promotional\nmaterial. Such term shall also include a representation contained in a\nprepared script and made for the purpose of selling an autographed\nsports collectible in a radio or television broadcast to the public in\nor from this state.\n  6. "Person" means any natural person, partnership, corporation,\ncompany, trust, association or other entity, however organized.\n  7. "Supplier" means any person who provides collectibles to a dealer\nspecifically for the purposes of re-sale.\n
N.Y. ENV Law § 19-0107 — New York Code / Act ENV / Article 19 / Title 1 / Section 19-0107
Definitions
Status: in_force

§ 19-0107. Definitions.\n  When used in this article:\n  1. "Person" means any individual, public or private corporation,\npolitical subdivision, agency, board, department or bureau of the state,\nmunicipality, partnership, association, firm, trust, estate or any other\nlegal entity whatsoever which is recognized by law as the subject of\nrights and duties.\n  2. "Air contaminant" means a dust, fume, gas, mist, odor, smoke,\nvapor, pollen, noise or any combination thereof.\n  3. "Air pollution" means the presence in the outdoor atmosphere of one\nor more air contaminants in quantities, of characteristics and of a\nduration which are injurious to human, plant or animal life or to\nproperty or which unreasonably interfere with the comfortable enjoyment\nof life and property throughout the state or throughout such areas of\nthe state as shall be affected thereby; excluding however all conditions\nsubject to the requirements of the Labor Law and Industrial Code.\n  4. "Air contamination" means the presence in the outdoor atmosphere of\none or more air contaminants which contribute or which are likely to\ncontribute to a condition of air pollution.\n  5. "Air contamination source" means any source at, from or by reason\nof which there is emitted into the atmosphere any air contaminant,\nregardless of who the person may be who owns or operates the building,\npremises or other property in, at or on which such source is located or\nthe facility, equipment or other property by which the emission is\ncaused or from which the emission comes. Without limiting the generality\nof the foregoing, this term includes all types of commercial and\nindustrial plants and works, heating and power plants and stations,\nshops and stores; buildings and other structures of all types, including\nsingle and multiple family residences, apartment houses, office\nbuildings, public buildings, hotels, restaurants, schools, hospitals,\nchurches, and other institutional buildings; automobiles, trucks,\ntractors, buses and other motor vehicles (hereinafter called "motor\nvehicles"); garages; vending and service locations and stations;\nrailroad locomotives; ships, boats and other waterborne craft; aircraft;\nportable fuel-burning equipment; incinerators of all types, indoor and\noutdoor; and refuse dumps and piles.\n  6. "Air cleaning installation" means any method, process or equipment\nwhich removes, reduces or renders less noxious air contaminants\ndischarged into the atmosphere.\n  7. "Area of the state" means any county, city, town, village, or other\ngeographical area of the state as may be designated by the department.\n  8. "The Act" means the Federal Clean Air Act, 42 U.S.C. Section 7401\net seq., as amended by Public Law 101-549, November fifteenth, nineteen\nhundred ninety.\n  9. "Administrator" means the administrator of the United States\nenvironmental protection agency.\n  10. "Affected source" or "affected unit" shall have the meaning given\nto it in the regulations promulgated under Title IV of the Act.\n  11. "Clean alternative fuels" means fuels, for use in motor vehicles\nwhich meet the requirements of section 7511a(c)(4) of the Act.\n  12. "Clean fuel vehicle" means a vehicle in a class or category of\nvehicles which has been certified to meet, for any model year, the clean\nfuel vehicle standards for clean fuel vehicles specified in this article\npursuant to section 7583 of the Act.\n  13. "Covered fleet" means ten or more motor vehicles which are owned\nor operated by a single person in an area designated as being a severe\nozone non-attainment area by the administrator pursuant to Title I of\nthe Act. In determining the number of motor vehicles owned or operated\nby a single person for the purposes of this article, all motor vehicles\nowned or operated, leased or otherwise controlled by such person, by any\nperson who controls such person, by any person controlled by such\nperson, and by any person under common control with such person shall be\ntreated as owned by such person. The term "covered fleet" shall not\ninclude motor vehicles held for lease or rental to the general public,\nmotor vehicles held for sale by motor vehicle dealers including\ndemonstration vehicles, motor vehicles used for motor vehicle\nmanufacturer product evaluations or tests, law enforcement and other\nemergency vehicles, or non-road vehicles including farm and construction\nvehicles.\n  14. "Covered fleet vehicle" means only a motor vehicle which is (i) in\na covered fleet which is centrally fueled or is capable of being\ncentrally fueled and (ii) in a vehicle class for which standards are\napplicable under this article.\n  15. "Emission offset" or "offset" means emission reductions or\nemission reduction credits which are required to be obtained by an air\ncontamination source in order to obtain approval for a permit to\nconstruct a new air contamination source, or modify an existing air\ncontamination source, in a non-attainment area pursuant to Title I of\nthe Act.\n  16. "Emission reduction" or "emission reduction credit" means the\nactual decrease in emissions of a regulated air contaminant in tons per\nyear. Emission reductions may be created by, but not limited to,\nproduct, process, pollution control or housekeeping changes that:\n  a.  reduce emissions beyond that which is required by the Act;\n  b. are real and actually occur;\n  c. are quantifiable;\n  d. are enforceable by the commissioner or the administrator; and\n  e. are assured for the life of a corresponding increase.\n  17. "Fugitive emissions" means those emissions of regulated air\ncontaminants which could not reasonably pass through a stack, chimney,\nvent or other functionally-equivalent openings.\n  18. "Operating permit" means a permit issued pursuant to section\n19-0311 of this article.\n  19. "Major air contamination source" or "major stationary source"\nmeans any stationary source or any group of stationary sources located\nwithin a contiguous area and under common control and belonging to a\nsingle major industrial grouping that:\n  a. emits or has the potential to emit one hundred tons per year of any\nregulated air contaminant; or\n  b. emits or has the potential to emit ten tons per year of any air\ncontaminant or twenty-five tons per year of any combination of air\ncontaminants listed under section 7412(b) of the Act, including fugitive\nemissions of such contaminants, or lesser quantities as the\nadministrator may establish pursuant to the Act; or\n  c. emits or has the potential to emit twenty-five tons per year of\nvolatile organic compounds or oxides of nitrogen, including fugitive\nemissions of such contaminants if located in an area designated a\n"severe non-attainment area" pursuant to section 7511 of the Act; or\n  d. emits or has the potential to emit fifty tons per year of volatile\norganic compounds or one hundred tons of oxides of nitrogen if located\nin an ozone transport region pursuant to section 7511(c) of the Act.\n  Fugitive emissions from a stationary source must be considered in\ndetermining whether such stationary source is a major stationary source\nfor permit requirements if the source belongs to one of the categories\nof stationary sources identified by the administrator in regulation\npursuant to section 7602(j) of the Act.\n  20. "Major industrial grouping" means all activities belonging to the\nsame major group identified in the Standard Industrial Classification\nManual (1987) published by the United States department of commerce.\n  21. "Potential to emit" means the maximum capacity of a stationary\nsource to emit any regulated air contaminant under its physical and\noperational design. Any physical or operational limitation on the\ncapacity of such source to emit a regulated air contaminant, including\nair pollution control equipment and restrictions on hours of operation\nor on the type or amount of material combusted, stored, or processed,\nshall be treated as part of its design if the limitation is enforceable\nby the commissioner and the administrator of the United States\nenvironmental protection agency provided, however, that physical or\noperational limitations enforceable by the commissioner shall be treated\nas part of a source's design, if the commissioner is given such\nauthorization by the administrator.\n  22. "Regulated air contaminant" means the following:\n  a. oxides of nitrogen;\n  b. volatile organic compounds;\n  c. sulfur dioxide;\n  d. particulate;\n  e. carbon monoxide;\n  f. any class I or II substance subject to a standard promulgated\npursuant to section 7671 of the Act;\n  g. any other air contaminant for which a national ambient air quality\nstandard has been promulgated; or\n  h. any air contaminant that is regulated under section 7411 or 7412\n(b) and (c) of the Act and which the commissioner has listed in\nregulation. The department may use emergency rulemaking pursuant to\nsubdivision six of section two hundred two of the state administrative\nprocedure act if necessary, in order to timely list such air\ncontaminants.\n  23. "State implementation plan" or "SIP" means documents prepared by\nthe department, and submitted to the administrator for approval, which\nidentify actions and programs to be undertaken by the state and its\nsubdivisions to implement the Act.\n  24. "Stationary source" means any building, structure, facility or\ninstallation that emits or may emit any regulated air contaminant.\n
N.Y. ENV Law § 27-0107 — New York Code / Act ENV / Article 27 / Title 1 / Section 27-0107
Local solid waste management plans; purpose and scope
Status: in_force

§ 27-0107. Local solid waste management plans; purpose and scope.\n  1. Purpose and scope. (a) A planning unit may undertake and complete a\ntimely process leading to a local solid waste management plan for such\nunit for at least a ten-year period. For purposes of this section and\nsection 27-0109 of this article, "planning unit" shall mean a county,\ntwo or more counties acting jointly, a local government agency or\nauthority established pursuant to state law for the purposes of managing\nsolid waste, any city located in the county of Nassau, or two or more\nother municipalities which the department determines to be capable of\nimplementing a regional solid waste management program.\n  (b) The local solid waste management plan shall:\n  (i) characterize the solid waste stream to be managed in the planning\nperiod and methods to increase waste diversion including, but not\nlimited to recycling and composting;\n  (ii) assess existing and alternate proposed solid waste management\nprograms and facilities;\n  (iii) address to the maximum extent practicable the comments and views\nexpressed by concerned governmental, environmental, commercial and\nindustrial interests and the public on the waste reduction, recycling,\nreuse and disposal alternatives;\n  (iv) identify the parties with responsibility to implement each\nelement of the plan and the steps which must be undertaken by each;\n  (v) set forth a timetable for implementing the plan;\n  (vi) describe the participation in the preparation of the plan of each\nmunicipality which has chosen to participate in such preparation; and\n  (vii) describe (A) measures undertaken by the municipalities\nparticipating in the planning unit to secure participation of\nneighboring jurisdictions, (B) the limitations, if any, imposed by the\nproposed plan on solid waste management alternatives available to such\nneighboring jurisdictions, and (C) alternatives which would be available\nif a local solid waste management plan including such jurisdictions were\nprepared. Specific written suggestions received from neighboring\njurisdictions shall be summarized and reflected in the plan.\n  (c) Such plan shall take into account the objectives of the state\nsolid waste management policy, provide for or take into account\nmanagement of all solid waste within the planning unit, and embody, as\nmay be appropriate to the circumstances, sound principles of solid waste\nmanagement, natural resources conservation, energy production, and\nemployment creating opportunities.\n  (d) Such plan is authorized to include and shall utilize, to the\nextent practicable, prepared resource materials or generic analyses so\nas to minimize the development and use of original data to degrees of\ndetail not pertinent to the circumstances.\n  (e) A plan may be submitted to the department by a planning unit on\nits own initiative or upon the request of the participating\nmunicipalities. The department shall review such plan and advise the\nplanning unit that:\n  (i) the plan contains the elements set forth in paragraph (b) of this\nsubdivision. Thereafter such plan shall become the local solid waste\nmanagement plan in effect for such municipalities; or\n  (ii) the plan as submitted does not contain the elements set forth in\nparagraph (b) of this subdivision. The department shall state the\nreasons for its determination under this subparagraph.\n  (f) For purposes of this subdivision, the department shall not serve\nas lead agency as defined in subdivision six of section 8-0111 of this\nchapter.\n  (g) For purposes of this section, "solid waste" shall have the same\nmeaning as is found in subdivision one of section 27-0701 of this\narticle, but shall not include source, special nuclear or by-product\nmaterial as defined in the atomic energy act of 1954, as amended, or\nhazardous waste which appears on the list or satisfies the\ncharacteristics of hazardous waste promulgated pursuant to section\n27-0903 of this article or, low level radioactive waste as defined in\nsection 29-0101 of this chapter.\n  2. The department shall promulgate rules and regulations in accordance\nwith the provisions of the state administrative procedure act for the\nimplementation of this section and section 27-0109 of this article.\n
N.Y. SOS Law § 149 — New York Code / Act SOS / Article 5 / Title 1 / Section 149
Penalty for bringing a needy person into the state
Status: in_force

§ 149. Penalty for bringing a needy person into the state.  1. Any\nperson who knowingly brings, or causes to be brought, a needy person\nfrom out of the state into this state for the purpose of making him a\npublic charge, shall be guilty of a misdemeanor punishable by a fine of\none hundred dollars, and shall be obligated to convey such person out of\nthe state or to support him at his own expense.\n  2. The commissioner of public welfare of the district to which such\nneedy person is brought may bring a suit in a court of competent\njurisdiction to enforce this obligation.\n  3. The court shall require satisfactory security from such person that\nhe will convey the needy person out of the state within the time fixed\nby the court or will indemnify the public welfare district for all\ncharges and expenses incurred for the assistance and care or\ntransportation of such needy person. If such person refuses to give\nsecurity when so required the court may commit him to jail for not\nexceeding three months.\n
N.Y. GMU Law § 862-A — New York Code / Act GMU / Article 18-A / Title 1 / Section 862-A
Additional restrictions on funds of the agency in connection with continuing care retirement communities
Status: in_force

§ 862-a. Additional restrictions on funds of the agency in connection\nwith continuing care retirement communities.  No resolution authorizing\nthe issuance of bonds, notes or other obligations of the agency, or for\nproviding financial assistance in any respect, for any continuing care\nretirement community project shall be adopted unless and until the\nproject has received a certificate of authorization pursuant to section\nforty-six hundred four-a of the public health law, and unless the\nproject will serve the public purposes of this article by preserving\npermanent, private sector jobs or increasing the overall number of\npermanent, private sector jobs in the state.\n
N.Y. PBH Law § 506 — New York Code / Act PBH / Article 5 / Title 1 / Section 506
Unlawful interference with research laboratory operations
Status: in_force

§ 506. Unlawful interference with research laboratory operations. An\nagency as defined in subdivision three of section eighty-six of the\npublic officers law may deny access to records or portions thereof\nconcerning biomedical research or biomedical teaching conducted at an\ninstitution of higher education authorized by the state education\ndepartment or at an institution within the state that receives state or\nfederal funding to conduct such biomedical research or such biomedical\nteaching that, if disclosed, could endanger the life or safety of any\nperson or would be reasonably likely to endanger the security of such\nbiomedical research laboratory.\n
N.Y. ELN Law § 14-120 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-120
Campaign contribution to be under true name of contributor
Status: in_force

§ 14-120. Campaign contribution to be under true name of contributor.\n1.  No person shall in any name except his own, directly or indirectly,\nmake a payment or a promise of payment to a candidate or political\ncommittee or to any officer or member thereof, or to any person acting\nunder its authority or in its behalf or on behalf of any candidate, nor\nshall any such committee or any such person or candidate knowingly\nreceive a payment or promise of payment, or enter or cause the same to\nbe entered in the accounts or records of such committee, in any name\nother than that of the person or persons by whom it is made.\n  2. Notwithstanding subdivision one of this section, a partnership, as\ndefined in section ten of the partnership law, may be considered a\nseparate entity for the purposes of this section, and as such may make\ncontributions in the name of said partnership without attributing such\ncontributions to the individual members of the partnership provided that\nany such contribution made by a partnership to a candidate or to a\npolitical committee, shall not exceed, twenty-five hundred dollars. In\nthe event that such partnership contribution to any such candidate or\npolitical committee exceeds twenty-five hundred dollars, the aggregate\namount of such contribution shall be attributed to each partner whose\nshare of the contribution exceeds ninety-nine dollars.\n  3. (a) Notwithstanding any law to the contrary, all contributions made\nto a campaign or political committee by a limited liability company\nshall be attributed to each member of the limited liability company in\nproportion to the member's ownership interest in the limited liability\ncompany.\n  (b) If, by application of paragraph (a) of this subdivision, a\ncampaign contribution is attributed to a limited liability company, the\ncontributions shall be further attributed to each member of the limited\nliability company in proportion to the member's ownership interest in\nthe limited liability company.\n  (c) The state board of elections shall enact regulations that prevent\nthe avoidance of the rules set forth in paragraphs (a) and (b) of this\nsubdivision.\n
N.Y. MRE Law § 204 — New York Code / Act MRE / Article 6 / Title 1 / Section 204
Bulkheads
Status: in_force

§ 204. Bulkheads. Every stair and fire-stair required by this chapter\nto extend to the level of the roof shall extend to and through a\nfireproof bulkhead or other fireproof enclosure in such roof. Such\nbulkhead or enclosure shall give unobstructed access at all times to\nsuch roof by means of a fireproof door and door assembly with the door\nself-closing. Stairs to a bulkhead or enclosure shall have a handrail.\nWhere the roof of a dwelling is pitched or sloped more than fifteen\ndegrees, no bulkhead or stairs leading thereto shall be required.\n
N.Y. ENV Law § 52-0113 — New York Code / Act ENV / Article 52 / Title 1 / Section 52-0113
Minority and women-owned business enterprise program
Status: in_force

§ 52-0113. Minority and women-owned business enterprise program.\n  1. a. In the performance of projects pursuant to this article minority\nand women-owned business enterprises shall be given the opportunity for\nmeaningful participation. The department or the office shall establish\nmeasures and procedures to secure meaningful participation and identify\nthose contracts and items of work for which minority and women-owned\nbusiness enterprises may best bid to actively and affirmatively promote\nand assist their participation in the projects, so as to facilitate the\naward of a fair share of contracts to such enterprises; provided,\nhowever, that nothing in this article shall be construed to limit the\nability of the department or office to assure that qualified minority\nand women-owned business enterprises may participate in the program. For\npurposes hereof, minority business enterprise shall mean any business\nenterprise which is at least fifty-one per centum owned by, or in the\ncase of a publicly owned business, at least fifty-one per centum of the\nstock of which is owned by citizens or permanent resident noncitizens\nwho are Black, Hispanic, Asian or American Indian, Pacific Islander or\nAlaskan natives and such ownership interest is real, substantial and\ncontinuing and have the authority to independently control the day to\nday business decisions of the entity for at least one year; and\nwomen-owned business enterprise shall mean any business enterprise which\nis at least fifty-one per centum owned by, or in the case of a publicly\nowned business, at least fifty-one per centum of the stock of which is\nowned by citizens or permanent resident noncitizens who are women, and\nsuch ownership interest is real, substantial and continuing and have the\nauthority to independently control the day to day business decisions of\nthe entity for at least one year.\n  The provisions of this paragraph shall not be construed to limit the\nability of any minority or women-owned business enterprise to bid on any\ncontract.\n  b. In the implementation of this section, the department or the office\nshall consider compliance by any contractor with the requirements of any\nfederal, state, or local law concerning minority and women-owned\nbusiness enterprises, which may effectuate the requirements of this\nsection. If the department or the office determines that by virtue of\nthe imposition of the requirements of any such law, in respect to\ncapital project contracts, the provisions thereof duplicate or conflict\nwith such law, the department may waive the applicability of this\nsection to the extent of such duplication or conflict.\n  c. Nothing in this section shall be deemed to require that overall\nstate and federal requirements for participation of minority and\nwomen-owned business enterprises in programs authorized under this\narticle be applied without regard to local circumstances to all projects\nor in all communities.\n  2. In order to implement the requirements and objectives of this\nsection, the department and the office shall establish procedures to\nmonitor the contractors' compliance with provisions hereof, provide\nassistance in obtaining competing qualified minority and women-owned\nbusiness enterprises to perform contracts proposed to be awarded, and\ntake other appropriate measures to improve the access of minority and\nwomen-owned business enterprises to these contracts.\n
N.Y. EDN Law § 264 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 264
Injuries to property
Status: in_force

§ 264. Injuries to property.  Whoever intentionally injures, defaces\nor destroys any property belonging to or deposited in any incorporated\nlibrary, reading-room, museum or other educational institution, shall be\npunished by imprisonment in a state prison for not more than three\nyears, or in a county jail for not more than one year, or by a fine of\nnot more than five hundred dollars, or by both such fine and\nimprisonment.\n
N.Y. RPT Law § 1408 — New York Code / Act RPT / Article 14 / Title 1 / Section 1408
Hearing of complaints
Status: in_force

§ 1408. Hearing of complaints. 1. At the time and place and during the\nhours specified in the notice given pursuant to section fourteen hundred\nsix of this chapter, the board of review shall meet to hear complaints\nrelating to assessments brought before it. The board of trustees and\nassessors, or a committee of such board constituting at least a majority\nthereof and the assessors or a board of assessment review constituted\npursuant to section five hundred twenty-three of this chapter, or as\nprovided by subdivision five of section fifteen hundred thirty-seven of\nthis chapter, if applicable, shall constitute the board of review.\n  2. Complaints with respect to assessments shall be filed with the\nvillage clerk on or before the day of the meeting of the board of review\non the form prescribed by the commissioner pursuant to subdivision three\nof section five hundred twenty-four of this chapter.\n  3. The board of review shall have the same powers and duties in\nrelation to the hearing and determining of complaints as are exercised\nand performed by a board of review in a town pursuant to section five\nhundred twelve of this chapter; provided, however, that the hearings\nshall not be adjourned beyond the fifteenth day of the following month.\n
N.Y. PAB Law § 3 — New York Code / Act PAB / Title 1 / Section 3
Local agency set-aside
Status: in_force

* § 3. Local agency set-aside. A set-aside of statewide ceiling for\nlocal agencies for any calendar year shall be an amount which bears the\nsame ratio to one-third of the statewide ceiling as the population of\nthe jurisdiction of such local agency bears to the population of the\nentire state. The commissioner shall administer allocations of such\nset-aside to local agencies.\n* NB Repealed January 1, 1991\n
N.Y. EDN Law § 238 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 238
Chair on geriatrics in the state university
Status: in_force

§ 238. Chair on geriatrics in the state university.  1. There is\nhereby established in the state university of New York, under the\njurisdiction of its board of trustees, one distinguished chair on\ngeriatrics at a state operated institution in the state university for\nprofessional education in medicine.\n  2. The state university board of trustees shall select the location of\nsuch chair and shall determine the fields of knowledge to be included\nwithin the term "geriatrics" as used in this section.\n  3. The state university board of trustees are hereby authorized,\nwithin annual appropriations made for this purpose, to appoint\noutstanding scholars to fill the chair on geriatrics established by this\nsection, on such terms and conditions and for such duration as may be\nagreed upon by the parties.\n
N.Y. DOM Law § 111-B — New York Code / Act DOM / Article 7 / Title 1 / Section 111-B
Determination of issue of paternity by surrogate; limitations
Status: in_force

§ 111-b. Determination of issue of paternity by surrogate;\nlimitations. 1. In the course of an adoption proceeding conducted\npursuant to this article the surrogate shall have jurisdiction to\ndetermine any issue of paternity arising in the course of the same\nproceeding and to make findings and issue an order thereon.\n  2. Such determination shall be made substantially in accordance with\nthe relevant and otherwise consistent provisions of the family court act\nexcept that the surrogate shall have no power to grant any relief\nrelating to support of the child as an incident thereto.\n  3. A judge of the family court shall continue to exercise all of the\npowers relating to adoption and declaration of paternity conferred upon\nthe family court by law.\n
N.Y. SOS Law § 393*2 — New York Code / Act SOS / Article 6 / Title 1 / Section 393*2
Consideration of blindness during guardianship, custody or adoption proceedings
Status: in_force

* § 393. Consideration of blindness during guardianship, custody or\nadoption proceedings. 1. The department may not deny, decide or oppose a\npetition or request for guardianship, custody or visitation under this\narticle solely on the basis that the petitioner, parent, guardian or\ncustodian is blind. The blindness of the petitioner, parent, guardian or\ncustodian shall be considered relevant only to the extent that the\nblindness affects the best interests of the child whose guardianship,\ncustody or visitation is the subject of the petition.\n  2. The department shall not seek custody or guardianship of a child\nsolely because the child's parent, guardian or custodian is blind. The\nblindness of the parent, guardian or custodian shall be considered\nrelevant only to the extent that the blindness affects the best\ninterests of the child whose guardianship, custody or visitation is the\nsubject of the petition.\n  3. As used in this section, "blind" or "blindness" means:\n  a. vision that is 20/200 or less in the best corrected eye; or\n  b. vision that subtends an angle of not greater than twenty degrees in\nthe best corrected eye.\n  * NB There are 2 § 393's\n
N.Y. EDN Law § 517 — New York Code / Act EDN / Title 1 / Article 11 / Section 517
Annuity reserve fund; pension accumulation fund
Status: in_force

§ 517. Annuity reserve fund; pension accumulation fund. 1. The annuity\nreserve fund shall be the fund from which shall be paid all annuities\nand all benefits in lieu of annuities.\n  2. The pension accumulation fund shall be the fund in which shall be\naccumulated all reserves for the payment of all benefits with the\nexception of the annuities provided by the accumulated contributions of\nmembers, and with the exception of supplemental retirement allowances\npayable in accordance with section five hundred thirty-two of this\nchapter. Contributions to and payments from the pension accumulation\nfund shall be made as follows:\n  a. On account of each teacher who is a member of the retirement system\nthere shall be paid annually into the pension accumulation fund by\nemployers, a certain percentage of the earnable compensation of each of\nsuch members of the retirement system to be known as the "normal\ncontribution" and a further percentage known as the "deficiency\ncontribution." The rates per centum of such contributions shall be fixed\non the basis of the liabilities of the retirement system as shown by\nactuarial valuations.\n  b. On the basis of regular interest and of such mortality and other\ntables as shall be adopted by the retirement board, the actuary engaged\nby the retirement board to make each valuation required by this article\nduring the period over which the deficiency contribution is payable,\nimmediately after making such valuation, shall determine the uniform and\nconstant percentage of the earnable compensation of the average new\nentrant, who is a contributor, which if contributed on the basis of the\ncompensation of such contributor throughout his entire period of active\nservice, would be sufficient to provide for the payment of a death\nbenefit payable on his account and to provide at the time of his\nretirement the total amount of his pension reserve. The rate per centum\nso determined shall be known as the "normal contribution" rate. After\nthe deficiency contribution has ceased to be payable, the normal\ncontribution shall be the rate per centum of the earnable salary of all\ncontributors obtained by deducting from the total liabilities of the\npension fund the amount of the funds in hand to the credit of that fund\nand dividing the remainder by one per centum of the present value of the\nprospective future salaries of all contributors as computed on the basis\nof the mortality and service tables adopted by the retirement board and\non the basis of regular interest. The normal rate of contribution shall\nbe determined by the actuary after each valuation and shall continue in\nforce until a new valuation and certification.\n  c. The actuary engaged by the retirement board shall compute the rate\nper centum of the total compensation of all contributors during the\npreceding school year which is equivalent to four per centum of the\namount of the total pension liability on account of all contributors and\nbeneficiaries not dischargeable by the aforesaid normal contribution\nmade on account of such contributors during the remainder of their\nactive service. The contribution derived by deductions at the rate per\ncentum, so determined or at a rate increased therefrom as hereinafter\nprovided shall be known as the "deficiency contribution." On the basis\nof the actuarial valuation as of the thirtieth day of June, nineteen\nhundred fifty-seven, the actuary shall determine the amount of the\npension liability which is not dischargeable by the funds in hand and\nthe present value of the normal and deficiency contributions otherwise\npayable. Such pension liability shall be known as the special\ndeficiency. The actuary shall determine the annual payment which if made\nin each fiscal year commencing with the year beginning the first day of\nJuly, nineteen hundred fifty-eight, for a period of thirty years will\nprovide for such special deficiency and the per centum of the total\ncompensation of all contributors during the preceding school year which\nis equivalent to such annual payment shall be known as the special\ndeficiency contribution rate. Notwithstanding anything to the contrary\nin this chapter, the special deficiency contribution rate for use in\ndetermining the annual payments to be made in each fiscal year\ncommencing with the year beginning with the first day of July, nineteen\nhundred sixty, shall be increased to liquidate the total unfunded\nspecial deficiency adjusted to include the prospective deficit in the\nannuity reserve fund as shown by the valuation as of the thirtieth day\nof June, nineteen hundred fifty-nine in the period originally set, and\nuntil the special deficiency so increased has been liquidated an annual\ncontribution at the increased special deficiency rate but not less than\nthe annual payment determined on the basis of the valuation as of the\nthirtieth day of June, nineteen hundred fifty-nine, shall be made by\nemployers in addition to the regular normal and deficiency\ncontributions.\n  d. The total amount payable annually by all employers into the pension\naccumulation fund shall be certified by the retirement board to the\ncommissioner of education and such amount shall equal the sum of the\nrates per centum known as the normal contribution rate and the\ndeficiency contribution rate of the total compensation earnable by all\ncontributors during the preceding school year, provided that the amount\nof each annual deficiency contribution shall be at least three per\ncentum greater than the preceding annual payment. The aggregate of all\nsuch payments by employers shall be sufficient, when combined with the\namounts in the pension accumulation fund, to provide the pensions\npayable out of the fund during the year then current, and if not, the\nadditional amount so required shall be collected by means of an\nincreased contribution which shall continue in force for the period of\none year, anything to the contrary notwithstanding.\n  e. The deficiency contribution shall be discontinued as soon as the\naccumulated reserve in the pension accumulation fund shall equal the\npresent value, as actuarially computed and approved by the retirement\nboard, of the total liability of such fund less the present value,\ncomputed on the basis of the normal contribution rate then in force, of\nthe normal contributions to be received on account of teachers who are\nat that time contributors.\n  f. Any other provision of law to the contrary notwithstanding,\nbeginning with the valuation for the fiscal year ending June thirtieth,\nnineteen hundred seventy, the actuarial valuation of the liabilities,\nrequired by subdivision five of section five hundred eight of this\narticle, shall be made on the following basis:\n  1. On the basis of the valuation rate of interest and of such\nmortality and other tables as have been adopted by the retirement board,\nthe actuary shall determine, as of June thirtieth, nineteen hundred\nseventy, the additional accrued liability which exists as of that date,\non account of service rendered prior to that date, by reason of\nlegislation enacted during the years nineteen hundred sixty-eight,\nnineteen hundred sixty-nine and nineteen hundred seventy, affecting\narticle eleven of the education law. The actuary shall then determine a\nschedule of annual contributions which will amortize such additional\naccrued liability and interest thereon over a period of twenty-five\nyears. Such interest shall be at the rate of four and one-half per cent\nduring the first ten years beginning July first, nineteen hundred\nseventy and at the rate of four per cent thereafter, compounded\nannually. Each contribution after the first shall equal one hundred four\nper cent of the preceding contribution. Each year, the actuary shall\ndetermine a rate of contribution which is equivalent to the amount of\nthe contribution next due in accordance with the aforesaid schedule.\nHowever, in no event shall such rate of contribution be less than the\nrate of contribution determined in the first year in accordance with the\nprovisions of this subdivision. The amount of the contribution produced\nby such rate which is in excess of the amount required according to the\naforesaid schedule shall be added to the contingency reserve. Such\ncontingency reserve shall be maintained in the pension accumulation fund\nfor the purpose of providing for such future strengthening of the\nretirement system's reserve basis as the retirement board, upon the\nrecommendation of its actuary, deems appropriate.\n  2. On the basis of the valuation rate of interest and of such\nmortality and other tables as have been adopted by the retirement board,\nthe actuary shall compute the rate of normal contribution in the\nfollowing manner. From the total actuarial liabilities as of each\nvaluation date, there shall be deducted the sum of the funds in hand and\nthe present value of the remaining contributions still to be paid under\nthe provisions of sub-paragraph one of this paragraph. The remainder\nshall be divided by one per cent of the present value of the prospective\nfuture salaries of all members of the system, to obtain the rate of\nnormal contribution.\n  3. Notwithstanding any other provision of law to the contrary, for\ncontributions determined on the basis of the June thirtieth, nineteen\nhundred sixty-eight valuation and subsequent annual valuations, the\npayment of employer contributions pursuant to section five hundred nine\nof this article shall be discontinued and the lump sum actuarial cost\nattributable to the purchase of prior service, as authorized therein,\nshall be included in the actuarial liabilities used for the\ndetermination of the rate of normal contribution.\n  4. The retirement board is hereby empowered to re-establish employer\ncontribution rates based upon the annual valuation as of June thirtieth,\nnineteen hundred sixty-eight.\n  g. All pensions with the exception of those payable to new entrants\nshall be paid from the pension accumulation fund and benefits provided\nunder section five hundred twelve, subdivision b, paragraph two and\nsection five hundred fourteen shall be paid from the pension\naccumulation fund.\n  h. Upon the retirement of a new entrant, an amount equal to his\npension reserve shall be transferred from the pension accumulation fund\nto the pension reserve fund.\n  i. The retirement board from time to time shall transfer from the\npension accumulation fund to the annuity reserve fund such amounts as\nare necessary under this article.\n
N.Y. MDW Law § 151 — New York Code / Act MDW / Article 5 / Title 1 / Section 151
Spaces under stairs
Status: in_force

§ 151. Spaces under stairs. 1. It shall be unlawful to have a closet\nof any kind under any public stair.\n  2. The space beneath every stair from the foot of the stair to a point\nwhere the soffit is four feet or more above the floor shall be entirely\nenclosed with unpierced fire-retarded partitions. Such enclosure beneath\na flight of public stairs leading from the entrance story to the story\nnext above shall be fireproof.\n  3. Any unenclosed portion of the space beneath a flight of public\nstairs leading from the entrance story to the story next above shall be\nleft entirely open and kept clear and free from encumbrance.\n
N.Y. EDN Law § 101-A — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 101-A
Promulgation of rules and regulations of commissioner relating to the supervision of services for the public good conducted under supervi...
Status: in_force

§ 101-a. Promulgation of rules and regulations of commissioner\nrelating to the supervision of services for the public good conducted\nunder supervision of school districts.  The commissioner of education\nshall promulgate rules and regulations for the supervision, by school\ndistricts, of programs of performing services for the public good by\ncertain infants pursuant to the provisions of sections seven hundred\nfifty-eight-a and 353.6 of the family court act.  Such rules and\nregulations,  shall include, but not be limited to, provisions (a)\nassuring that the conditions of work, including wages, meet the\nstandards therefor prescribed pursuant to the labor law; (b) affording\ncoverage to the child under the workers' compensation law; (c) assuring\nthat the entity receiving such services shall not utilize the same to\nreplace its regular employees; and (d) providing for reports to the\nfamily court not less frequently than every six months, unless the\nfamily court orders otherwise.\n
N.Y. PBH Law § 2408 — New York Code / Act PBH / Article 24 / Title 1-A / Section 2408
Annual report
Status: in_force

§ 2408. Annual report. The commissioner shall submit on or before\nDecember first, an annual report to the governor and the legislature\nconcerning the operation of the breast and cervical cancer detection and\neducation program. Commencing in nineteen hundred ninety-five, such\nreports shall include the experience of the program in providing\ncervical cancer early detection and diagnostic services. The annual\nreport shall include strategies for implementation of the cervical\ncancer prevention plan and for promoting the plan to the general public,\nstate and local elected officials, and various public and private\norganizations, associations, businesses, industries, and agencies.\nApproved organizations shall provide such data and assessment as the\ncommissioner may require for such report. Such report shall also include\nany recommendations for additional action to respond to the high\nincidence of breast cancer in this state.\n
N.Y. MRE Law § 108 — New York Code / Act MRE / Article 5 / Title 1 / Section 108
Windows and skylights for public halls and stairs
Status: in_force

§ 108. Windows and skylights for public halls and stairs. 1.  Where a\nwindow or windows are required to light a public hall or part thereof,\nat least one of such windows shall be not less than two feet six inches\nwide and five feet high. Every required window in such a hall shall open\nupon a street, yard or court. On the top story of such a dwelling a\nventilating skylight of the same dimensions shall be accepted in lieu of\na window for that story.\n  2. There shall be in the roof, directly over each required stair and\nfire-stair a ventilating skylight provided with louvres or ventilators\nhaving a minimum open area of forty square inches. The roof of every\nsuch skylight shall be glazed with plain glass and equipped with\nsuitable metal screens above and below. The glazed area of every such\nskylight shall be at least twenty square feet, except that in such a\ndwelling or section thereof two stories or less in height the glazed\narea of such a skylight need be only nine square feet. In lieu of a\nskylight, a window of the same area as prescribed in subdivision one may\nbe provided. If such a window is used in lieu of a skylight, fixed\nlouvres having a minimum opening of forty square inches shall also be\ninstalled in or directly adjacent to such window.\n  3. When any stair, fire-stair or fire-tower in such a dwelling\nterminates at the level of a setback of an outer wall and such setback\nconsists of a terrace at least four feet in width, measured between the\ninside of the parapet wall and the wall of the dwelling and at least ten\nfeet in length, measured parallel to the wall of the dwelling, there may\nbe provided in lieu of such skylight a fireproof door and assembly with\nthe door self-closing giving access from such stair or fire-stair to\nsuch terrace. Such door shall have a panel at least five square feet in\narea glazed with wire glass and shall be equipped with louvres having a\nminimum open area of forty square inches.\n
N.Y. LFN Law § 10.10 — New York Code / Act LFN / Article 2 / Title 1 / Section 10.10
Municipalities and school districts authorized to incur debt to liquidate operating deficits; requirements and procedures; period of prob...
Status: in_force

§ 10.10 Municipalities and school districts authorized to incur debt\nto liquidate operating deficits; requirements and procedures; period of\nprobable usefulness. In the case of a municipality or school district\nthat is authorized by a special or general law to incur debt to\nliquidate an operating deficit:\n  a. no bonds to fund the liquidation of such a deficit may be issued\nunless and until the state comptroller shall first review and confirm\nthe existence of the deficit, as well as certify the amount of the\ndeficit. As soon as practicable after the effective date of the law\nauthorizing the incurrence of debt to fund the deficit, but in no event\nprior to the close of the then current fiscal year of the municipality\nin the case of a projected deficit, the municipality or school district\nshall prepare a report detailing the amount and cause of the deficit and\nsubmit to the state comptroller such report, together with the\nmunicipality's or school district's independent audit report for its\nlast completed fiscal year, if any such audit report has been or is to\nbe prepared, and such other information as the state comptroller may\ndeem necessary. Within thirty days after receiving all necessary reports\nand information, the state comptroller shall:\n  1. perform such reviews as may be necessary;\n  2. confirm the existence and certify the amount of the deficit; and\n  3. provide notification to the finance board of the municipality or\nschool district as to the existence and amount of any such deficit.\n  b. bonds to liquidate such deficit may not be issued in an amount\nexceeding the amount of such deficit as certified by the state\ncomptroller. If the municipality or school district issues bond\nanticipation notes for the purpose of liquidating such deficit prior to\na determination by the state comptroller pursuant to paragraph a of this\nsection in an amount in excess of the amount of such deficit as\nconfirmed by the state comptroller, the municipality or school district\nshall, from funds other than proceeds of bonds or bond anticipation\nnotes, either redeem such bond anticipation notes in the amount by which\nthe amount of such bond anticipation notes exceeds the amount of such\ndeficit as confirmed by the comptroller or deposit a sum equal to the\namount by which such bond anticipation notes exceed the amount of such\ndeficit as confirmed by the comptroller into a reserve fund for the\npayment of bonded indebtedness that shall be established pursuant to\nsection six-h of the general municipal law.\n  c. for each fiscal year occurring during the time deficit bonds or\nbond anticipation notes issued in anticipation of the sale of such bonds\nare outstanding, up to and including the last fiscal year during which\nsuch debt or debt issued to refund such debt is outstanding, the chief\nfiscal officer of the municipality or school district on whose behalf\nsuch deficit bonds or notes have been issued shall monitor budgets of\nthe municipality or school district and for each budget, prepare a\nquarterly report of summarized budget data depicting overall trends of\nactual revenues and budget expenditures for the entire budget rather\nthan individual line items. Such reports shall compare revenue estimates\nand appropriations as set forth in such budget with the actual revenues\nand expenditures made to date. All quarterly reports shall be\naccompanied by a recommendation by the chief executive officer of the\nmunicipality or school district setting forth any remedial action\nnecessary to resolve any unfavorable budget variance including the\noverestimation of revenues and the underestimation of appropriations,\nand shall be completed within thirty days of the end of each quarter.\nThe chief fiscal officer shall also prepare, as part of such report, a\nquarterly trial balance of general ledger accounts. The above quarterly\nbudgetary reports and quarterly trial balances shall be prepared in\naccordance with generally accepted accounting principles. These reports\nshall be submitted to the governing board and chief executive officer of\nsuch municipality or school district, the state director of the budget,\nthe state comptroller, the chair of the assembly ways and means\ncommittee, the chair of the senate finance committee and, in the case of\na school district, the commissioner of education.\n  d. beginning with the fiscal year during which the municipality or\nschool district is authorized to incur debt to finance the deficit, to\nand including the last fiscal year during which such debt or any debt\nincurred to refund such debt is outstanding, the chief executive officer\nor other individual or individuals responsible for the preparation of\nthe tentative budget, or in the case of a town, the preliminary budget,\nshall submit the tentative or preliminary budget for the next succeeding\nfiscal year to the state comptroller and, in the case of a school\ndistrict, also to the commissioner of education, no later than thirty\ndays before the date scheduled for the governing board's vote on the\nadoption of the final budget or the last date on which the budget may be\nfinally adopted, whichever is sooner. The state comptroller and, in the\ncase of a school district, the commissioner of education, shall examine\nsuch proposed budget and make such recommendations as deemed appropriate\nthereon to the municipality or school district prior to the adoption of\nthe budget, but no later than ten days before the date scheduled for the\ngoverning board's vote on the adoption of the final budget or the last\ndate on which the budget must be adopted, whichever is sooner. Such\nrecommendations shall be made after examination into the estimates of\nrevenues and expenditures of such municipality or school district. The\ngoverning board of the municipality or school district, no later than\nfive days prior to the adoption of the budget, shall review any such\nrecommendations and may make adjustments to its proposed budget\nconsistent with any recommendations made by the state comptroller and,\nin the case of a school district, by the commissioner of education. Any\nrecommendations that the board rejects shall be explained in writing to\nthe state comptroller and, in the case of recommendations made by the\ncommissioner of education, to the commissioner. The action or inaction\nof the state comptroller or the commissioner of education under this\nsection shall not be construed to affect the legal validity of any\nbudget of the municipality or school district nor to affect the powers\nor duties of the municipality or school district with respect to the\nlocal budget process, provided, however, that the municipality or school\ndistrict may not issue bonds for any object or purpose unless and until\nadjustments to its proposed budget consistent with any recommendations\nmade by the state comptroller and, in the case of a school district, by\nthe commissioner of education, are made, or any such recommendations\nthat are rejected have been explained in writing to the state\ncomptroller and, in the case of school districts, the commissioner of\neducation.\n  e. beginning with the fiscal year during which the municipality or\nschool district is authorized to incur debt to finance the deficit, to\nand including the last fiscal year during which such debt or any debt\nincurred to refund such debt is outstanding, the chief executive officer\nor other officer or officers responsible for the preparation of the\ntentative budget, or in the case of a town, the preliminary budget, of\nthe municipality or school district, within thirty days after the final\nadoption of the budget for the next succeeding fiscal year, shall\nprepare a three-year financial plan covering the next succeeding fiscal\nyear and the two fiscal years thereafter. The financial plan shall, at a\nminimum, contain projected employment levels, projected annual\nexpenditures for personal service, fringe benefits, non-personal\nservices and debt service; appropriate reserve fund amounts; estimated\nannual revenues including projection of property tax rates, the value of\nthe taxable real property and resulting tax levy, annual growth in sales\ntax and non-property tax revenues; and the proposed use of one-time\nrevenue sources. Copies of the financial plan shall be provided to the\nchief executive and chief fiscal officers of the municipality or school\ndistrict, the state director of the budget, the state comptroller, the\nchair of the assembly ways and means committee and the chair of the\nsenate finance committee. This financial plan requirement shall not\napply to the extent a municipality or school district is subject to a\ndifferent multi-year financial plan requirement under state law.\n  f. beginning with the fiscal year during which the municipality or\nschool district is authorized to incur debt to finance the deficit, to\nand including the last fiscal year during which such debt or any debt\nincurred to refund such debt is outstanding, the chief fiscal officer of\nthe municipality or school district shall notify the state comptroller\nat least fifteen days prior to the issuance of any bonds or notes or\nentering to any installment purchase contract and the state comptroller\nmay review and make recommendations regarding the affordability to the\nmunicipality or school district of any such proposed issuance or\ncontract.\n  g. to facilitate the marketing of bonds authorized pursuant to law to\nbe issued to fund a deficit, the municipality or school district may,\nnotwithstanding any limitation on the private sales of bonds provided by\nlaw and subject to the approval of the state comptroller of the terms\nand conditions of such sales:\n  1. arrange for the underwriting of such bonds at private sale through\nnegotiated fees or by sale of such bonds to an underwriter at a price\nless than the sum of par value of, and the accrued interest on, such\nobligations; or\n  2. arrange for the private sale of such bonds through negotiated\nagreement, with compensation for such sales to be provided by negotiated\nagreement and/or negotiated fee, if required. The cost of such\nunderwriting or private placement shall be deemed a preliminary cost for\npurposes of section 11.00 of this title.\n  h. the financing of a deficit, when authorized by a special or general\nlaw as hereinbefore described, is hereby declared to be an object or\npurpose of the municipality or school district for which indebtedness\nmay be incurred, the period of probable usefulness of which is\ndetermined to be ten years, computed from the date of such bonds or the\ndate of the first bond anticipation note issued in anticipation of the\nsale of such bonds, whichever is earlier.\n  i. except as provided in this section or in the general or special law\nauthorizing the incurrence of debt to finance the deficit, all\nproceedings in connection with the issuance of such debt shall be had\nand taken in accordance with the provisions of this chapter, provided,\nhowever, that any resolution or resolutions authorizing the issuance of\nsuch bonds shall not be subject to either a mandatory or permissive\nreferendum. To the extent the provisions of this section are\ninconsistent with any general, special or local law concerning budget\nprocedures, this section shall apply and any budget schedule set forth\nin any such law shall be modified to conform with this section.\n
N.Y. PBH Law § 3309-A — New York Code / Act PBH / Article 33 / Title 1 / Section 3309-A
Prescription pain medication awareness program
Status: in_force

§ 3309-a. Prescription pain medication awareness program. 1. There is\nhereby established within the department a prescription pain medication\nawareness program to educate the public and health care practitioners\nabout the risks associated with prescribing and taking controlled\nsubstance pain medications.\n  2. Within the amounts appropriated, the commissioner, in consultation\nwith the commissioner of the office of alcoholism and substance abuse\nservices, shall develop and conduct a public health education media\ncampaign designed to alert youth, parents and the general population\nabout the risks associated with prescription pain medications and the\nneed to properly dispose of any unused medication. In developing this\ncampaign, the commissioner shall consult with and use information\nprovided by the work group established pursuant to subdivision four of\nthis section and other relevant professional organizations. The campaign\nshall include an internet website providing information for parents,\nchildren and health care professionals on the risks associated with\ntaking opioids and resources available to those needing assistance with\nprescription pain medication addiction. Such website shall also provide\ninformation regarding where individuals may properly dispose of\ncontrolled substances in their community and include active links to\nfurther information and resources. The campaign shall begin no later\nthan September first, two thousand twelve.\n  3. Course work or training in pain management, palliative care and\naddiction. (a) Every person licensed under title eight of the education\nlaw to treat humans, registered under the federal controlled substances\nact and in possession of a registration number from the drug enforcement\nadministration, United States Department of Justice or its successor\nagency, and every medical resident who is prescribing under a facility\nregistration number from the drug enforcement administration, United\nStates Department of Justice or its successor agency, shall, on or\nbefore July first, two thousand seventeen and once within each three\nyear period thereafter, complete three hours of course work or training\nin pain management, palliative care, and addiction approved by the\ndepartment.\n  (b) Every person licensed on or after July first, two thousand\nseventeen under title eight of the education law to treat humans,\nregistered under the federal controlled substances act and in possession\nof a registration number from the drug enforcement administration,\nUnited States Department of Justice or its successor agency, and every\nmedical resident who begins prescribing under a facility registration\nnumber from the drug enforcement administration, United States\nDepartment of Justice or its successor agency on or after July first,\ntwo thousand seventeen, shall complete such course work or training\nwithin one year of such registration and once within each three year\nperiod thereafter.\n  (c) The commissioner, in consultation with the department of education\nand the office of alcoholism and substance abuse services, shall\nestablish standards and review and approve course work or training in\npain management, palliative care, and addiction and shall publish\ninformation related to such standards, course work or training on the\ndepartment's website.\n  (d) Existing course work or training, including course work or\ntraining developed by a nationally recognized health care professional,\nspecialty, or provider association, or nationally recognized pain\nmanagement association, may be considered in implementing this\nsubdivision.\n  (e) Nothing shall preclude course work or training that meets the\nrequirements of paragraph (c) of this subdivision from counting toward\nthis requirement if taken online.\n  (f) Course work or training shall include, but not be limited to:\nstate and federal requirements for prescribing controlled substances;\npain management; appropriate prescribing; managing acute pain;\npalliative medicine; prevention, screening and signs of addiction;\nresponses to abuse and addiction; and end of life care.\n  (g) Each licensed person required by this subdivision to complete\ncourse work or training shall document to the department by attestation\non a form prescribed by the commissioner that such licensed person has\ncompleted the course work or training required by this subdivision. For\nmedical residents who are prescribing under a facility registration\nnumber from the drug enforcement administration, United States\nDepartment of Justice or its successor agency, such attestation shall be\nmade by the facility.\n  (h) The department shall institute a procedure for application for an\nexemption from said requirement. The department may provide an exemption\nfrom the course work and training required by this subdivision to any\nsuch licensed person who: (i) clearly demonstrates to the department's\nsatisfaction that there would be no need for him or her to complete such\ncourse work or training; or (ii) that he or she has completed course\nwork or training deemed by the department to be equivalent to the course\nwork or training approved by the department pursuant to this\nsubdivision.\n  (i) Nothing herein shall preclude such course work or training in pain\nmanagement, palliative care, and addiction from counting toward\ncontinuing education requirements under title eight of the education law\nto the extent provided in the regulations of the commissioner of\neducation.\n  (j) Nothing herein shall preclude such course work or training in pain\nmanagement, palliative care, and addiction from counting toward\ncontinuing education requirements of a nationally accredited medical\nboard to the extent acceptable to such board.\n  4. Establish a work group, no later than June first, two thousand\ntwelve, which shall be composed of experts in the fields of palliative\nand chronic care pain management and addiction medicine. Members of the\nwork group shall receive no compensation for their services, but shall\nbe allowed actual and necessary expenses in the performance of their\nduties pursuant to this section. The work group shall:\n  (a) Report to the commissioner regarding the development of\nrecommendations and model courses for continuing medical education,\nrefresher courses and other training materials for licensed health care\nprofessionals on appropriate use of prescription pain medication. Such\nrecommendations, model courses and other training materials shall be\nsubmitted to the commissioner, who shall make such information available\nfor the use in medical education, residency programs, fellowship\nprograms, and for use in continuing medication education programs no\nlater than January first, two thousand thirteen. Such recommendations\nalso shall include recommendations on: (i) educational and continuing\nmedical education requirements for practitioners appropriate to address\nprescription pain medication awareness among health care professionals;\n(ii) continuing education requirements for pharmacists related to\nprescription pain medication awareness; and (iii) continuing education\nin palliative care as it relates to pain management, for which purpose\nthe work group shall consult the New York state palliative care\neducation and training council;\n  (b) No later than January first, two thousand thirteen, provide\noutreach and assistance to health care professional organizations to\nencourage and facilitate continuing medical education training programs\nfor their members regarding appropriate prescribing practices for the\nbest patient care and the risks associated with overprescribing and\nunderprescribing pain medication;\n  (c) Provide information to the commissioner for use in the development\nand continued update of the public awareness campaign, including\ninformation, resources, and active web links that should be included on\nthe website; and\n  (d) Consider other issues deemed relevant by the commissioner,\nincluding how to protect and promote the access of patients with a\nlegitimate need for controlled substances, particularly medications\nneeded for pain management by oncology patients, and whether and how to\nencourage or require the use or substitution of opioid drugs that employ\ntamper-resistance technology as a mechanism for reducing abuse and\ndiversion of opioid drugs.\n  5. On or before September first, two thousand twelve, the\ncommissioner, in consultation with the commissioner of the office of\nalcoholism and substance abuse services, the commissioner of education,\nand the executive secretary of the state board of pharmacy, shall add to\nthe workgroup such additional members as appropriate so that the\nworkgroup may provide guidance in furtherance of the implementation of\nthe I-STOP act. For such purposes, the workgroup shall include but not\nbe limited to consumer advisory organizations, health care practitioners\nand providers, oncologists, addiction treatment providers, practitioners\nwith experience in pain management, pharmacists and pharmacies, and\nrepresentatives of law enforcement agencies.\n  6. The commissioner shall report to the governor, the temporary\npresident of the senate and the speaker of the assembly no later than\nMarch first, two thousand thirteen, and annually thereafter, on the work\ngroup's findings. The report shall include information on opioid\noverdose deaths, emergency room utilization for the treatment of opioid\noverdose, the utilization of pre-hospital addiction services and\nrecommendations to reduce opioid addiction and the consequences thereof.\n
N.Y. ELN Law § 14-118 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-118
Treasurer and depository of political committee; filing of name and address
Status: in_force

§ 14-118. Treasurer and depository of political committee; filing of\nname and address. 1. Every political committee shall have a treasurer\nand a depository, and shall cause the treasurer to keep detailed, bound\naccounts of all receipts, transfers, loans, liabilities, contributions\nand expenditures, made by the committee or any of its officers, members\nor agents acting under its authority or in its behalf. All such accounts\nshall be retained by a treasurer for a period of five years from the\ndate of the filing of the final statement with respect to the election,\nprimary election or convention to which they pertain. No officer, member\nor agent of any political committee shall receive any receipt, transfer\nor contribution, or make any expenditure or incur any liability until\nthe committee shall have chosen a treasurer and depository and filed\ntheir names in accordance with this subdivision. There shall be filed in\nthe office in which the committee is required to file its statements\nunder section 14-110 of this article, within five days after the choice\nof a treasurer and depository, a statement giving the name and address\nof the treasurer chosen, the name and address of any person authorized\nto sign checks by such treasurer, the name and address of the depository\nchosen and the candidate or candidates or ballot proposal or proposals\nthe success or defeat of which the committee is to aid or take part;\nprovided, however, that such statement shall not be required of a\nconstituted committee and provided further that a political action\ncommittee which makes no expenditures, to aid or take part in the\nelection or defeat of a candidate, other than in the form of\ncontributions, shall not be required to list the candidates being\nsupported or opposed by such committee and shall also disclose the name\nand employer for any individual who exerts operational control over the\npolitical action committee as well as any salaried employee of the\npolitical action committee. Such statement shall be signed by the\ntreasurer and all other persons authorized to sign checks. Any change in\nthe information required in any statement shall be reported, in an\namended statement filed in the same manner and in the same office as an\noriginal statement filed under this section, within two days after it\noccurs, except that any change to the mailing address on any such\nstatement filed at the state board may also be made in any manner deemed\nacceptable by the state board. Only a banking organization authorized to\ndo business in this state may be designated a depository hereunder.\n  2. No candidate, political committee, or agent thereof may receive\nfrom any one person an aggregate amount greater than one hundred dollars\nexcept in the form of a check, draft or other instrument payable to the\ncandidate, political committee or treasurer and signed or endorsed by\nthe donor; except that such a candidate, political committee or agent\nmay receive contributions in amounts greater than one hundred dollars\nwhich are made by credit card, provided that such candidate, political\ncommittee or agent preserves, together with the other accounts which\nsuch candidate, committee or agent is required to preserve pursuant to\nthe provisions of this article, a copy of the document which was\nsubmitted to secure payment of the funds so contributed. All such\nchecks, drafts or other instruments shall be deposited in the account of\nthe candidate or committee in the designated depository. No candidate or\npolitical committee shall expend an amount in excess of one hundred\ndollars except by check drawn on the depository and signed by the\ncandidate or person authorized to sign checks by him or in the case of a\npolitical committee, the treasurer or a person authorized to sign checks\nby him.\n  3. (a) Every candidate who receives or expends any money or other\nvaluable thing or incurs any liability to pay money or its equivalent\nshall keep and retain detailed, bound accounts as provided in\nsubdivision one of this section.\n  (b) Every candidate required to file sworn statements pursuant to\nsubdivision one of section 14-104 of this article, other than a\ncandidate who has filed a statement in lieu thereof at or before the\nfirst filing period as set forth in that section, shall file, in the\noffice or offices in which he or she is required to file his or her\nstatements under section 14-110 of this article, on a form prescribed by\nthe state board for such purposes, a statement providing the name and\naddress of the depository at which they maintain the accounts from which\nhe or she conducts his or her own campaign financial activity.\n
N.Y. ELN Law § 8-104 — New York Code / Act ELN / Article 8 / Title 1 / Section 8-104
Polls
Status: in_force

§ 8-104. Polls. 1. The American flag shall be kept displayed at each\npolling place throughout the election. Facsimile ballots, voter\ninformation posting and distance markers shall not be taken down, torn\nor defaced during the election. While the polls are open no person shall\ndo any electioneering within the polling place, or in any public street,\nwithin a one hundred foot radial measured from the entrances designated\nby the inspectors of election, to such polling place or within such\ndistance in any place in a public manner; and no political banner,\nbutton, poster or placard shall be allowed in or upon the polling place\nor within such one hundred foot radial. While the polls are open no\nperson shall consume any alcoholic beverages within the polling place.\nWhile the polls are open no person shall make any change, alteration or\nmodification to any entrance to or exit from the polling place unless\nsuch change, alteration or modification allows for increased access for\npersons with disabilities or is necessary to maintain public safety due\nto the occurrence of an emergency. Any such change, alteration or\nmodification shall be clearly marked on signage placed adjacent to the\nformer entrance or exit.\n  1-a. The election inspectors shall conspicuously post in the polling\nplace before the opening of the polls, a voter information posting,\nwhich shall include: (a) the sample ballot and instructions for the use\nof ballot scanners and ballot marking devices required pursuant to\nsection 7-118 of this chapter; (b) a statement that "today is election\nday" and the hours during which polling places will be open; (c)\ninstructions on how to cast an affidavit ballot and a concise statement\nof a voter's right to such a ballot; (d) instructions relating to\nrequirements for voting on ballot scanners by those registrants who must\nprovide identification pursuant to the federal Help America Vote Act of\n2002; (e) instructions for first-time voters; (f) a voter's bill of\nrights describing voter's rights under applicable federal and state law,\nincluding the right of accessibility and alternate language\naccessibility; (g) information pertaining to voting by election day\npaper ballot, including information about the consequence of casting an\novervote, steps to prevent unintentional undervoting and spoiled\nballots; (h) instructions on how to contact the appropriate officials if\na voter's right to vote or right to otherwise participate in the\nelectoral process has been violated; and (i) general information on\nfederal and state laws regarding prohibitions on acts of fraud and\nmisrepresentation. The state board of elections shall prescribe the form\nand content of the voter information posting, which may be comprised of\none or more pages, provided each page shall be posted separately. The\nstate board of elections shall prescribe an official version of such\nvoter information posting for every language which appears on any\ngeneral, primary or special election ballot in any election district in\nthe state and for such other languages as such board, in its opinion,\ndetermines is appropriate. Such posting shall be used in all\njurisdictions, and a separate posting shall be made by election\ninspectors for each language appearing on the ballot and for such\nadditional languages as the board of elections may require. A board of\nelections may modify or supplement the voter information posting used in\nits jurisdiction to provide additional or local information; provided,\nhowever, any such modification or supplementation shall be submitted to\nthe state board of elections for prior approval.\n  2. The ballot boxes, other secure storage containers and all official\nballots shall be kept within the guard-rail, and at least six feet\ntherefrom, from the opening of the polls until the announcement of the\nresult of the canvass and the signing of the inspectors' returns\nthereof. No person shall be admitted within the guard-rail during such\nperiod except the election officers, authorized watchers, persons\nadmitted by the inspectors to preserve order or enforce the law, voters\nduly admitted for the purpose of voting and children under the age of\nsixteen accompanying their voting parents or guardians; provided,\nhowever, that candidates voted for at the polling place may be within\nthe guard-rail during the canvass.\n  3. The provisions of this chapter concerning the preservation of order\nand apprehension for crime on a day of registration, shall apply to a\nday of election, but a person taken into custody shall not be prohibited\nthereby from voting.\n  4. After a ballot box or other secure storage container has been\nlocked for the purposes of election, it shall not be opened until it is\nopened at the close of the polls for purposes of canvass or by election\nofficials upon the instructions of the board of elections. Each\ninspector shall be responsible personally for the custody of each ballot\nbox and other secure storage container and its contents from the time\nthe election begins until the box or container is delivered, according\nto law, to the person entitled to receive it.\n  5. Voters entitled to vote who are on line or in the polling place at\nthe time fixed by law for the closing of the polls shall be allowed to\nvote.\n  6. In the city of New York, during days of primary, general, special\nand community school board elections, at each premises wherein a polling\nplace or places are located, at least one police officer or peace\nofficer designated by the police commissioner of such city pursuant to\nthe provisions of article two of the criminal procedure law shall be\nassigned for duty from the opening until the closing of the polls.\nAdditional police officers or peace officers may be assigned as is\ndeemed appropriate by the police commissioner of such city.\n  7. This section shall apply on all early voting days as provided for\nin section 8-600 of this article.\n
N.Y. EDN Law § 1123 — New York Code / Act EDN / Title 1 / Article 23-A / Section 1123
Regulations
Status: in_force

§ 1123. Regulations.  The commissioner shall promulgate rules and\nregulations necessary for the implementation of this article.\n
N.Y. GOB Law § 5-101 — New York Code / Act GOB / Article 5 / Title 1 / Section 5-101
Definitions of terms as used in certain sections
Status: in_force

§ 5-101. Definitions of terms as used in certain sections. 1. As used\nin sections 5-331, 5-703 and 5-1115, the term "conveyance" includes\nevery instrument, in writing, except a will, by which any estate or\ninterest in real property is created, transferred, assigned or\nsurrendered.\n  2. As used in sections 5-703, 5-1111 and 5-1115, the terms "estate"\nand "interest in real property" include every such estate and interest,\nfreehold or chattel, legal or equitable, present or future, vested or\ncontingent.\n  3. As used in sections 5-321, 5-323, 5-331, 5-703 and 5-1115, the term\n"real property" is co-extensive in meaning with lands, tenements and\nhereditaments.\n  4. As used in section 5-335 of this article, the term "insurer" means\nany insurance company or other entity which provides for payment or\nreimbursement of health care expenses, health care services, disability\npayments, lost wage payments or any other benefits under a policy of\ninsurance or an insurance contract with an individual or group.\n
N.Y. ENV Law § 54-0101 — New York Code / Act ENV / Article 54 / Title 1 / Section 54-0101
Definitions
Status: in_force

§ 54-0101. Definitions.\n  As used in this article, unless otherwise specified within any title\nof this article, the following terms shall mean and include:\n  1. "Commissioner" means the commissioner of environmental\nconservation; except that within and for the purposes of the projects\nundertaken by the office pursuant to title nine of this article, the\nterm shall mean the commissioner of the office of parks, recreation and\nhistoric preservation.\n  2. "Cost" means the cost of an approved project, which shall include\nengineering and architectural services, plans and specifications,\nconsultant and legal services, and other direct expenses incident to\nsuch project less any federal assistance received or to be received and\nany other assistance from other parties.\n  3. "Department" means the department of environmental conservation.\n  4. "Facility" means any structure or site improvement including paths,\ntrails, roads, bridges, ramps and buildings.\n  5. "Federal assistance" means funds available, other than by loan,\nfrom the federal government, either directly or through allocation by\nthe state for construction or program purposes pursuant to any federal\nlaw or program.\n  6. "Governing body" means:\n  a. in the case of a county outside of the city of New York, the county\nboard of supervisors or other elective governing body;\n  b. in the case of a city or village, the local legislative body\nthereof, as the term is defined in the municipal home rule law;\n  c. in the case of a town, the town board;\n  d. in the case of a public benefit corporation, the board of\ndirectors, members or trustees thereof;\n  e. in the case of a public authority, the governing board of\ndirectors, members, or trustees thereof;\n  f. in the case of a not-for-profit corporation, the board of directors\nthereof or such other body designated in the certificate of\nincorporation to manage the corporation; and\n  g. in the case of an Indian tribe or nation, any governing body\nrecognized by the United States or the state of New York.\n  7. "Municipality" means a local public authority or public benefit\ncorporation, a county, city, town, village, or Indian tribe or nation\nresiding within New York state, or any combination thereof. For the\npurposes of title 5 and title 9 of this article, municipality shall also\ninclude state agencies, state public authorities and state public\nbenefit corporations. For the purposes of title 7 and title 9 of this\narticle, the term municipality shall also include a school district and\na supervisory district.\n  8. "Not-for-profit corporation" means a corporation formed pursuant to\nthe not-for-profit corporation law and qualified for tax-exempt status\nunder the federal internal revenue code.\n  9. "Office" means the office of parks, recreation and historic\npreservation.\n  10. "Solid waste" shall have the definition set forth in title 5 of\narticle 27 of this chapter but shall not include hazardous waste as\ndefined in title 9 of article 27 of this chapter.\n  11. "State assistance payment" means the payment of monies by the\nstate for projects authorized by the environmental protection fund, to\npreserve, enhance, restore and improve the quality of the state's\nenvironment.\n  12. "Secretary" means the secretary of state.\n
N.Y. GOB Law § 13-107 — New York Code / Act GOB / Article 13 / Title 1 / Section 13-107
Claims or demands transferred with bond unless reserved
Status: in_force

§ 13-107. Claims or demands transferred with bond unless reserved. 1.\nUnless expressly reserved in writing, a transfer of any bond shall vest\nin the transferee all claims or demands of the transferrer, whether or\nnot such claims or demands are known to exist, (a) for damages or\nrescission against the obligor on such bond, (b) for damages against the\ntrustee or depositary under any indenture under which such bond was\nissued or outstanding, and (c) for damages against any guarantor of the\nobligation of such obligor, trustee or depositary.\n  2. As used in this section, "bond" shall mean and include any and all\nshares and interests in an issue of bonds, notes, debentures or other\nevidences of indebtedness of individuals, partnerships, associations or\ncorporations, whether or not secured.\n  3. As used in this section, "indenture" means any mortgage, deed of\ntrust, trust or other indenture, or similar instrument or agreement\n(including any supplement or amendment to any of the foregoing), under\nwhich bonds as herein defined are issued or outstanding, whether or not\nany property, real or personal, is, or is to be, pledged, mortgaged,\nassigned, or conveyed thereunder.\n
N.Y. EXC Law § 501-E — New York Code / Act EXC / Article 19-G / Title 1 / Section 501-E
Interstate compact for juveniles
Status: in_force

* § 501-e. Interstate compact for juveniles. The interstate compact\nfor juveniles is hereby enacted into law and entered into with all other\njurisdictions legally joining therein in a form substantially as\nfollows:\n                  THE INTERSTATE COMPACT FOR JUVENILES\n                                ARTICLE I\n                                 PURPOSE\n  The compacting states to this interstate compact recognize that each\nstate is responsible for the proper supervision or return of juveniles,\ndelinquents and status offenders who are on probation or parole and who\nhave absconded, escaped or run away from supervision and control and in\nso doing have endangered their own safety and the safety of others. The\ncompacting states also recognize that each state is responsible for the\nsafe return of juveniles who have run away from home and in doing so\nhave left their state of residence. The compacting states also recognize\nthat congress, by enacting the Crime Control Act, 4 U.S.C. Section 112\n(1965), has authorized and encouraged compacts for cooperative efforts\nand mutual assistance in the prevention of crime. It is the purpose of\nthis compact, through means of joint and cooperative action among the\ncompacting states to:\n  A. ensure that the adjudicated juveniles and status offenders subject\nto this compact are provided adequate supervision and services in the\nreceiving state as ordered by the adjudicating judge or parole authority\nin the sending state;\n  B. ensure that the public safety interests of the citizens, including\nthe victims of juvenile offenders, in both the sending and receiving\nstates are adequately protected;\n  C. return juveniles who have run away, absconded or escaped from\nsupervision or control or have been accused of an offense to the state\nrequesting their return;\n  D. make contracts for the cooperative institutionalization in public\nfacilities in member states for delinquent youth needing special\nservices;\n  E. provide for the effective tracking and supervision of juveniles;\n  F. equitably allocate the costs, benefits and obligations of the\ncompacting states;\n  G. establish procedures to manage the movement between states of\njuvenile offenders released to the community under the jurisdiction of\ncourts, juvenile departments, or any other criminal or juvenile justice\nagency which has jurisdiction over juvenile offenders;\n  H. insure immediate notice to jurisdictions where defined offenders\nare authorized to travel or to relocate across state lines;\n  I. establish procedures to resolve pending charges (detainers) against\njuvenile offenders prior to transfer or release to the community under\nthe terms of this compact;\n  J. establish a system of uniform data collection on information\npertaining to juveniles subject to this compact that allows access by\nauthorized juvenile justice and criminal justice officials, and regular\nreporting of compact activities to heads of state executive, judicial,\nand legislative branches and juvenile and criminal justice\nadministrators;\n  K. monitor compliance with rules governing interstate movement of\njuveniles and initiate interventions to address and correct\nnoncompliance;\n  L. coordinate training and education regarding the regulation of\ninterstate movement of juveniles for officials involved in such\nactivity; and\n  M. coordinate the implementation and operation of the compact with the\ninterstate compact for the placement of children, the interstate compact\nfor adult offender supervision and other compacts affecting juveniles\nparticularly in those cases where concurrent or overlapping supervision\nissues arise.\n  It is the policy of the compacting states that the activities\nconducted by the interstate commission created herein are the formation\nof public policies and therefore are public business. Furthermore, the\ncompacting states shall cooperate and observe their individual and\ncollective duties and responsibilities for the prompt return and\nacceptance of juveniles subject to the provisions of this compact. The\nprovisions of this compact shall be reasonably and liberally construed\nto accomplish the purposes and policies of the compact.\n                               ARTICLE II\n                               DEFINITIONS\n  As used in this compact, unless the context clearly requires a\ndifferent construction:\n  A. "Bylaws" means those bylaws established by the interstate\ncommission for its governance, or for directing or controlling its\nactions or conduct;\n  B. "Compact administrator" means the individual in each compacting\nstate appointed pursuant to the terms of this compact, responsible for\nthe administration and management of the state's supervision and\ntransfer of juveniles subject to the terms of this compact, the rules\nadopted by the interstate commission and policies adopted by the state\ncouncil under this compact;\n  C. "Compacting state" means any state which has enacted the enabling\nlegislation for this compact;\n  D. "Commissioner" means the voting representative of each compacting\nstate appointed pursuant to article III of this compact;\n  E. "Court" means any court having jurisdiction over delinquent,\nneglected, or dependent children;\n  F. "Deputy compact administrator" means the individual, if any, in\neach compacting state appointed to act on behalf of a compact\nadministrator pursuant to the terms of this compact responsible for the\nadministration and management of the state's supervision and transfer of\njuveniles subject to the terms of this compact, the rules adopted by the\ninterstate commission and policies adopted by the state council under\nthis compact;\n  G. "Interstate commission" means the interstate commission for\njuveniles created by article III of this compact;\n  H. "Juvenile" means any person defined as a juvenile in any member\nstate or by the rules of the interstate commission, including any:\n  1. "accused delinquent" which means a person charged with an offense\nthat, if committed by an adult, would be a criminal offense;\n  2. "adjudicated delinquent" which means a person found to have\ncommitted an offense that, if committed by an adult, would be a criminal\noffense;\n  3. "accused status offender" which means a person charged with an\noffense that would not be a criminal offense if committed by an adult;\n  4. "adjudicated status offender" which means a person found to have\ncommitted an offense that would not be a criminal offense if committed\nby an adult; and\n  5. "non-offender" which means a person in need of supervision who has\nnot been accused or adjudicated a status offender or delinquent;\n  I. "Non-compacting state" means any state which has not enacted the\nenabling legislation for this compact;\n  J. "Probation" or "parole" means any kind of supervision or\nconditional release of juveniles authorized under the laws of the\ncompacting states;\n  K. "Rule" means a written statement by the interstate commission\npromulgated pursuant to article VI of this compact that is of general\napplicability, implements, interprets or prescribes a policy or\nprovision of the compact, or an organizational, procedural, or practical\nrequirement of the commission, and has the force and effect of statutory\nlaw in a compacting state, and includes the amendment, repeal, or\nsuspension of an existing rule; and\n  L. "State" means a state of the United States, the District of\nColumbia (or its designee), the Commonwealth of Puerto Rico, the U.S.\nVirgin Islands, Guam, American Samoa, and the Northern Marianas Islands.\n                               ARTICLE III\n                   INTERSTATE COMMISSION FOR JUVENILES\n  A. The compacting states hereby create the "interstate commission for\njuveniles." The commission shall be a body corporate and joint agency of\nthe compacting states. The commission shall have all the\nresponsibilities, powers and duties set forth herein, and such\nadditional powers as may be conferred upon it by subsequent action of\nthe respective legislatures of the compacting states in accordance with\nthe terms of this compact.\n  B. The interstate commission shall consist of commissioners appointed\nby the appropriate appointing authority in each state pursuant to the\nrules and requirements of each compacting state and in consultation with\nthe state council for interstate juvenile supervision created hereunder.\nThe commissioner shall be the compact administrator, deputy compact\nadministrator or designee from that state who shall serve on the\ninterstate commission in such capacity under or pursuant to the\napplicable law of the compacting state.\n  C. In addition to the commissioners who are the voting representatives\nof each state, the interstate commission shall include individuals who\nare not commissioners, but who are members of interested organizations.\nSuch non-commissioner members must include a member of the national\norganizations of governors, legislators, state chief justices, attorneys\ngeneral, interstate compact for adult offender supervision, interstate\ncompact for the placement of children, juvenile justice and juvenile\ncorrections officials, and crime victims. All non-commissioner members\nof the interstate commission shall be ex-officio (non-voting) members.\nThe interstate commission may provide in its bylaws for such additional\nex-officio (non-voting) members, including members of other national\norganizations, in such numbers as shall be determined by the commission.\n  D. Each compacting state represented at any meeting of the commission\nis entitled to one vote. A majority of the compacting states shall\nconstitute a quorum for the transaction of business, unless a larger\nquorum is required by the bylaws of the interstate commission.\n  E. The commission shall meet at least once each calendar year. The\nchairperson may call additional meetings and, upon the request of a\nsimple majority of the compacting states, shall call additional\nmeetings. Public notice shall be given of all meetings and meetings\nshall be open to the public.\n  F. The interstate commission shall establish an executive committee,\nwhich shall include commission officers, members, and others as\ndetermined by the bylaws. The executive committee shall have the power\nto act on behalf of the interstate commission during periods when the\ninterstate commission is not in session, with the exception of\nrulemaking and/or amendment to the compact. The executive committee\nshall oversee the day-to-day activities of the administration of the\ncompact managed by an executive director and interstate commission\nstaff; administer enforcement and compliance with the provisions of the\ncompact, its bylaws and rules, and perform such other duties as directed\nby the interstate commission or set forth in the bylaws.\n  G. Each member of the interstate commission shall have the right and\npower to cast a vote to which that compacting state is entitled and to\nparticipate in the business and affairs of the interstate commission. A\nmember shall vote in person and shall not delegate a vote to another\ncompacting state. However, a commissioner, in consultation with the\nstate council, shall appoint another authorized representative, in the\nabsence of the commissioner from that state, to cast a vote on behalf of\nthe compacting state at a specified meeting. The bylaws may provide for\nmembers' participation in meetings by telephone or other means of\ntelecommunication or electronic communication.\n  H. The interstate commission's bylaws shall establish conditions and\nprocedures under which the interstate commission shall make its\ninformation and official records available to the public for inspection\nor copying. The interstate commission may exempt from disclosure any\ninformation or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests.\n  I. Public notice shall be given of all meetings and all meetings shall\nbe open to the public, except as set forth in the rules or as otherwise\nprovided in the compact. The interstate commission and any of its\ncommittees may close a meeting to the public where it determines by\ntwo-thirds vote that an open meeting would be likely to:\n  1. relate solely to the interstate commission's internal personnel\npractices and procedures;\n  2. disclose matters specifically exempted from disclosure by statute;\n  3. disclose trade secrets or commercial or financial information which\nis privileged or confidential;\n  4. involve accusing any person of a crime, or formally censuring any\nperson;\n  5. disclose information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\n  6. disclose investigative records compiled for law enforcement\npurposes;\n  7. disclose information contained in or related to examination,\noperating or condition reports prepared by, or on behalf of or for the\nuse of, the interstate commission with respect to a regulated person or\nentity for the purpose of regulation or supervision of such person or\nentity;\n  8. disclose information, the premature disclosure of which would\nsignificantly endanger the stability of a regulated person or entity; or\n  9. specifically relate to the interstate commission's issuance of a\nsubpoena, or its participation in a civil action or other legal\nproceeding.\n  J. For every meeting closed pursuant to this provision, the interstate\ncommission's legal counsel shall publicly certify that, in the legal\ncounsel's opinion, the meeting may be closed to the public, and shall\nreference each relevant exemptive provision. The interstate commission\nshall keep minutes which shall fully and clearly describe all matters\ndiscussed in any meeting and shall provide a full and accurate summary\nof any actions taken, and the reasons therefor, including a description\nof each of the views expressed on any item and the record of any roll\ncall vote (reflected in the vote of each member on the question). All\ndocuments considered in connection with any action shall be identified\nin such minutes.\n  K. The interstate commission shall collect standardized data\nconcerning the interstate movement of juveniles as directed through its\nrules which shall specify the data to be collected, the means of\ncollection and data exchange and reporting requirements. Such methods of\ndata collection, exchange and reporting shall insofar as is reasonably\npossible conform to up-to-date technology and coordinate its information\nfunctions with the appropriate repository of records.\n                               ARTICLE IV\n             POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n  The commission shall have the following powers and duties:\n  A. To provide for dispute resolution among compacting states;\n  B. To promulgate rules to effect the purposes and obligations as\nenumerated in this compact, which shall have the force and effect of\nstatutory law and shall be binding in the compacting states to the\nextent and in the manner provided in this compact;\n  C. To oversee, supervise and coordinate the interstate movement of\njuveniles subject to the terms of this compact and any bylaws adopted\nand rules promulgated by the interstate commission;\n  D. To enforce compliance with the compact provisions, the rules\npromulgated by the interstate commission, and the bylaws, using all\nnecessary and proper means, including but not limited to the use of\njudicial process;\n  E. To establish and maintain offices which shall be located within one\nor more of the compacting states;\n  F. To purchase and maintain insurance and bonds;\n  G. To borrow, accept, hire or contract for services of personnel;\n  H. To establish and appoint committees and hire staff which it deems\nnecessary for the carrying out of its functions including, but not\nlimited to, an executive committee as required by article III of this\ncompact which shall have the power to act on behalf of the interstate\ncommission in carrying out its powers and duties hereunder;\n  I. To elect or appoint such officers, attorneys, employees, agents, or\nconsultants, and to fix their compensation, define their duties and\ndetermine their qualifications; and to establish the interstate\ncommission's personnel policies and programs relating to, inter alia,\nconflicts of interest, rates of compensation, and qualifications of\npersonnel;\n  J. To accept any and all donations and grants of money, equipment,\nsupplies, materials, and services, and to receive, utilize, and dispose\nof it;\n  K. To lease, purchase, accept contributions or donations of, or\notherwise to own, hold, improve or use any property, real, personal, or\nmixed;\n  L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or\notherwise dispose of any property, real, personal, or mixed;\n  M. To establish a budget and make expenditures and levy dues as\nprovided in article VIII of this compact;\n  N. To sue and be sued;\n  O. To adopt a seal and bylaws governing the management and operation\nof the interstate commission;\n  P. To perform such functions as may be necessary or appropriate to\nachieve the purposes of this compact;\n  Q. To report annually to the legislatures, governors, judiciary, and\nstate councils of the compacting states concerning the activities of the\ninterstate commission during the preceding year. Such reports shall also\ninclude any recommendations that may have been adopted by the interstate\ncommission;\n  R. To coordinate education, training and public awareness regarding\nthe interstate movement of juveniles for officials involved in such\nactivity;\n  S. To establish uniform standards of the reporting, collecting and\nexchanging of data; and\n  T. The interstate commission shall maintain its corporate books and\nrecords in accordance with the bylaws.\n                                ARTICLE V\n         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\n  A. Bylaws.\n  The interstate commission shall, by a majority of the members present\nand voting, within twelve months after the first interstate commission\nmeeting, adopt bylaws to govern its conduct as may be necessary or\nappropriate to carry out the purposes of the compact, including, but not\nlimited to:\n  a. establishing the fiscal year of the interstate commission;\n  b. establishing an executive committee and such other committees as\nmay be necessary;\n  c. providing for the establishment of committees governing any general\nor specific delegation of any authority or function of the interstate\ncommission;\n  d. providing reasonable procedures for calling and conducting meetings\nof the interstate commission, and ensuring reasonable notice of each\nsuch meeting;\n  e. establishing the titles and responsibilities of the officers of the\ninterstate commission;\n  f. providing a mechanism for concluding the operations of the\ninterstate commission and the return of any surplus funds that may exist\nupon the termination of the compact after the payment and/or reserving\nof all of its debts and obligations;\n  g. providing "start-up" rules for initial administration of the\ncompact; and\n  h. establishing standards and procedures for compliance and technical\nassistance in carrying out the compact.\n  B. Officers and staff.\n  1. The interstate commission shall, by a majority of the members,\nelect annually from among its members a chairperson and a\nvice-chairperson, each of whom shall have such authority and duties as\nmay be specified in the bylaws. The chairperson or, in the chairperson's\nabsence or disability, the vice-chairperson shall preside at all\nmeetings of the interstate commission. The officers so elected shall\nserve without compensation or remuneration from the interstate\ncommission; provided that, subject to the availability of budgeted\nfunds, the officers shall be reimbursed for any ordinary and necessary\ncosts and expenses incurred by them in the performance of their duties\nand responsibilities as officers of the interstate commission.\n  2. The interstate commission shall, through its executive committee,\nappoint or retain an executive director for such period, upon such terms\nand conditions and for such compensation as the interstate commission\nmay deem appropriate. The executive director shall serve as secretary to\nthe interstate commission, but shall not be a member and shall hire and\nsupervise such other staff as may be authorized by the interstate\ncommission.\n  C. Qualified immunity, defense and indemnification.\n  1. The interstate commission's executive director and employees shall\nbe immune from suit and liability, either personally or in their\nofficial capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused or arising out of or\nrelating to any actual or alleged act, error, or omission that occurred,\nor that such person had a reasonable basis for believing occurred within\nthe scope of interstate commission employment, duties, or\nresponsibilities; provided, that any such person shall not be protected\nfrom suit or liability for any damage, loss, injury, or liability caused\nby the intentional or willful and wanton misconduct of any such person.\n  2. The liability of any commissioner, or the employee or agent of a\ncommissioner, acting within the scope of such person's employment or\nduties for acts, errors, or omissions occurring within such person's\nstate may not exceed the limits of liability set forth under the\nconstitution and laws of that state for state officials, employees, and\nagents. Nothing in this subdivision shall be construed to protect any\nsuch person from suit or liability for any damage, loss, injury, or\nliability caused by the intentional or willful and wanton misconduct of\nany such person.\n  3. The interstate commission shall defend the executive director or\nthe employees or representatives of the interstate commission and,\nsubject to the approval of the attorney general of the state represented\nby any commissioner of a compacting state, shall defend such\ncommissioner or the commissioner's representatives or employees in any\ncivil action seeking to impose liability arising out of any actual or\nalleged act, error, or omission that occurred within the scope of\ninterstate commission employment, duties, or responsibilities, or that\nthe defendant had a reasonable basis for believing occurred within the\nscope of interstate commission employment, duties, or responsibilities,\nprovided that the actual or alleged act, error, or omission did not\nresult from intentional or willful and wanton misconduct on the part of\nsuch person.\n  4. The interstate commission shall indemnify and hold the commissioner\nof a compacting state, or the commissioner's representatives or\nemployees, or the interstate commission's representatives or employees,\nharmless in the amount of any settlement or judgment obtained against\nsuch persons arising out of any actual or alleged act, error, or\nomission that occurred within the scope of interstate commission\nemployment, duties, or responsibilities, or that such persons had a\nreasonable basis for believing occurred within the scope of interstate\ncommission employment, duties, or responsibilities, provided that the\nactual or alleged act, error, or omission did not result from\nintentional or willful and wanton misconduct on the part of such\npersons.\n                               ARTICLE VI\n            RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n  A. The interstate commission shall promulgate and publish rules in\norder to effectively and efficiently achieve the purposes of the\ncompact.\n  B. Rulemaking shall occur pursuant to the criteria set forth in this\narticle and the bylaws and rules adopted pursuant thereto. Such\nrulemaking shall substantially conform to the principles of the "Model\nState Administrative Procedures Act," 1981 act, uniform laws annotated,\nvol. 15, p.1 (2000), or such other administrative procedures acts, as\nthe interstate commission deems appropriate, consistent with due process\nrequirements under the United States Constitution as now or hereafter\ninterpreted by the United States supreme court. All rules and amendments\nshall become binding as of the date specified, as published with the\nfinal version of the rules as approved by the interstate commission.\n  C. When promulgating a rule, the interstate commission shall, at a\nminimum:\n  1. publish the proposed rule's entire text stating the reason or\nreasons for that proposed rule;\n  2. allow and invite any and all persons to submit written data, facts,\nopinions and arguments, which information shall be added to the record,\nand be made publicly available;\n  3. provide an opportunity for an informal hearing if petitioned by ten\nor more persons;\n  4. promulgate a final rule and its effective date, if appropriate,\nbased on input from state or local officials, or interested parties; and\n  5. allow, not later than sixty days after a rule is promulgated, any\ninterested person to file a petition in the United States district court\nfor the District of Columbia or in the federal district court where the\ninterstate commission's principal office is located for judicial review\nof such rule. If the court finds that the interstate commission's action\nis not supported by substantial evidence in the rulemaking record, the\ncourt shall hold the rule unlawful and set it aside. For purposes of\nthis subdivision, evidence is substantial if it would be considered\nsubstantial evidence under the model state administrative procedures\nact.\n  D. If a majority of the legislatures of the compacting states rejects\na rule, those states may, by enactment of a statute or resolution in the\nsame manner used to adopt the compact, cause such rule to have no\nfurther force and effect in any compacting state.\n  E. The existing rules governing the operation of the interstate\ncompact on juveniles superseded by this act shall be null and void\ntwelve months after the first meeting of the interstate commission\ncreated hereunder.\n  F. Upon determination by the interstate commission that a state of\nemergency exists, it may promulgate an emergency rule which shall become\neffective immediately upon adoption, provided that the usual rulemaking\nprocedures provided hereunder shall be retroactively applied to said\nrule as soon as reasonably possible, but no later than ninety days after\nthe effective date of the emergency rule.\n                               ARTICLE VII\n          OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE\n                          INTERSTATE COMMISSION\n  A. Oversight.\n  1. The interstate commission shall oversee the administration and\noperations of the interstate movement of juveniles subject to this\ncompact in the compacting states and shall monitor such activities being\nadministered in non-compacting states which may significantly affect\ncompacting states.\n  2. The courts and executive agencies in each compacting state shall\nenforce this compact and shall take all actions necessary and\nappropriate to effectuate the compact's purposes and intent. The\nprovisions of this compact and the rules promulgated hereunder shall be\nreceived by all the judges, public officers, commissions, and\ndepartments of the state government as evidence of the authorized\nstatute and administrative rules. All courts shall take judicial notice\nof the compact and the rules. In any judicial or administrative\nproceeding in a compacting state pertaining to the subject matter of\nthis compact which may affect the powers, responsibilities, or actions\nof the interstate commission, it shall be entitled to receive all\nservice of process in any such proceeding, and shall have standing to\nintervene in the proceeding for all purposes.\n  B. Dispute resolution.\n  1. The compacting states shall report to the interstate commission on\nall issues and activities necessary for the administration of the\ncompact as well as issues and activities pertaining to compliance with\nthe provisions of the compact and its bylaws and rules.\n  2. The interstate commission shall attempt, upon the request of a\ncompacting state, to resolve any disputes or other issues which are\nsubject to the compact and which may arise among compacting states and\nbetween compacting and non-compacting states. The commission shall\npromulgate a rule providing for both mediation and binding dispute\nresolution for disputes among the compacting states.\n  3. The interstate commission, in the reasonable exercise of its\ndiscretion, shall enforce the provisions and rules of this compact using\nany or all means set forth in article XI of this compact.\n                              ARTICLE VIII\n                                 FINANCE\n  A. The interstate commission shall pay or provide for the payment of\nthe reasonable expenses of its establishment, organization and ongoing\nactivities.\n  B. The interstate commission shall levy on and collect an annual\nassessment from each compacting state to cover the cost of the internal\noperations and activities of the interstate commission and its staff\nwhich must be in a total amount sufficient to cover the interstate\ncommission's annual budget as approved each year. The aggregate annual\nassessment amount shall be allocated based upon a formula to be\ndetermined by the interstate commission, taking into consideration the\npopulation of each compacting state and the volume of interstate\nmovement of juveniles in each compacting state and shall promulgate a\nrule binding upon all compacting states which governs said assessment.\n  C. The interstate commission shall not incur any obligations of any\nkind prior to securing the funds adequate to meet the same; nor shall\nthe interstate commission pledge the credit of any of the compacting\nstates, except by and with the authority of the compacting state.\n  D. The interstate commission shall keep accurate accounts of all\nreceipts and disbursements. The receipts and disbursements of the\ninterstate commission shall be subject to the audit and accounting\nprocedures established under its bylaws. However, all receipts and\ndisbursements of funds handled by the interstate commission shall be\naudited yearly by a certified or licensed public accountant and the\nreport of the audit shall be included in and become part of the annual\nreport of the interstate commission.\n                               ARTICLE IX\n                            THE STATE COUNCIL\n  Each member state shall create a state council for interstate juvenile\nsupervision. While each state may determine the membership of its own\nstate council, its membership must include at least one representative\nfrom the legislative, judicial, and executive branches of government,\nvictims groups, and the compact administrator, deputy compact\nadministrator or designee. Each compacting state retains the right to\ndetermine the qualifications of the compact administrator or deputy\ncompact administrator. Each state council will advise and may exercise\noversight and advocacy concerning that state's participation in\ninterstate commission activities and other duties as may be determined\nby that state, including but not limited to, development of policy\nconcerning operations and procedures of the compact within that state.\n                                ARTICLE X\n             COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT\n  A. Any state, the District of Columbia (or its designee), the\nCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American\nSamoa, and the Northern Marianas Islands as defined in article II of\nthis compact is eligible to become a compacting state.\n  B. The compact shall become effective and binding upon legislative\nenactment of the compact into law by no less than thirty-five of the\nstates. The initial effective date shall be the later of July first, two\nthousand four or upon enactment into law by the thirty-fifth\njurisdiction. Thereafter it shall become effective and binding as to any\nother compacting state upon enactment of the compact into law by that\nstate. The governors of non-member states or their designees shall be\ninvited to participate in the activities of the interstate commission on\na nonvoting basis prior to adoption of the compact by all states and\nterritories of the United States.\n  C. The interstate commission may propose amendments to the compact for\nenactment by the compacting states. No amendment shall become effective\nand binding upon the interstate commission and the compacting states\nunless and until it is enacted into law by unanimous consent of the\ncompacting states.\n                               ARTICLE XI\n        WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT\n  A. Withdrawal.\n  1. Once effective, the compact shall continue in force and remain\nbinding upon each and every compacting state; provided that a compacting\nstate may withdraw from the compact by specifically repealing the\nstatute which enacted the compact into law.\n  2. The effective date of withdrawal is the effective date of the\nrepeal.\n  3. The withdrawing state shall immediately notify the chairperson of\nthe interstate commission in writing upon the introduction of\nlegislation repealing this compact in the withdrawing state. The\ninterstate commission shall notify the other compacting states of the\nwithdrawing state's intent to withdraw within sixty days of its receipt\nthereof.\n  4. The withdrawing state is responsible for all assessments,\nobligations and liabilities incurred through the effective date of\nwithdrawal, including any obligations, the performance of which extend\nbeyond the effective date of withdrawal.\n  5. Reinstatement following withdrawal of any compacting state shall\noccur upon the withdrawing state reenacting the compact or upon such\nlater date as determined by the interstate commission.\n  B. Technical assistance, fines, suspension, termination and default.\n  1. If the interstate commission determines that any compacting state\nhas at any time defaulted in the performance of any of its obligations\nor responsibilities under this compact, or the bylaws or duly\npromulgated rules, the interstate commission may impose any or all of\nthe following penalties:\n  a. Remedial training and technical assistance as directed by the\ninterstate commission;\n  b. Alternative dispute resolution;\n  c. Fines, fees, and costs in such amounts as are deemed to be\nreasonable as fixed by the interstate commission; and\n  d. Suspension or termination of membership in the compact, which shall\nbe imposed only after all other reasonable means of securing compliance\nunder the bylaws and rules have been exhausted and the interstate\ncommission has therefore determined that the offending state is in\ndefault. Immediate notice of suspension shall be given by the interstate\ncommission to the governor, the chief justice or the chief judicial\nofficer of the state, the majority and minority leaders of the\ndefaulting state's legislature, and the state council. The grounds for\ndefault include, but are not limited to, failure of a compacting state\nto perform such obligations or responsibilities imposed upon it by this\ncompact, the bylaws, or duly promulgated rules and any other grounds\ndesignated in commission bylaws and rules. The interstate commission\nshall immediately notify the defaulting state in writing of the penalty\nimposed by the interstate commission and of the default pending a cure\nof the default. The commission shall stipulate the conditions and the\ntime period within which the defaulting state must cure its default. If\nthe defaulting state fails to cure the default within the time period\nspecified by the commission, the defaulting state shall be terminated\nfrom the compact upon an affirmative vote of a majority of the\ncompacting states and all rights, privileges and benefits conferred by\nthis compact shall be terminated from the effective date of termination.\n  2. Within sixty days of the effective date of termination of a\ndefaulting state, the commission shall notify the governor, the chief\njustice or chief judicial officer, the majority and minority leaders of\nthe defaulting state's legislature, and the state council of such\ntermination.\n  3. The defaulting state is responsible for all assessments,\nobligations and liabilities incurred through the effective date of\ntermination including any obligations, the performance of which extends\nbeyond the effective date of termination.\n  4. The interstate commission shall not bear any costs relating to the\ndefaulting state unless otherwise mutually agreed upon in writing\nbetween the interstate commission and the defaulting state.\n  5. Reinstatement following termination of any compacting state\nrequires both a reenactment of the compact by the defaulting state and\nthe approval of the interstate commission pursuant to the rules.\n  C. Judicial enforcement.\n  The interstate commission may, by majority vote of the members,\ninitiate legal action in the United States district court for the\nDistrict of Columbia or, at the discretion of the interstate commission,\nin the federal district where the interstate commission has its offices,\nto enforce compliance with the provisions of the compact, its duly\npromulgated rules and bylaws, against any compacting state in default.\nIn the event judicial enforcement is necessary the prevailing party\nshall be awarded all costs of such litigation including reasonable\nattorney's fees.\n  D. Dissolution of compact.\n  1. The compact dissolves effective upon the date of the withdrawal or\ndefault of any compacting state, which reduces membership in the compact\nto one compacting state.\n  2. Upon the dissolution of this compact, the compact becomes null and\nvoid and shall be of no further force or effect, and the business and\naffairs of the interstate commission shall be concluded and any surplus\nfunds shall be distributed in accordance with the bylaws.\n                               ARTICLE XII\n                      SEVERABILITY AND CONSTRUCTION\n  A. The provisions of this compact shall be severable, and if any\nphrase, clause, sentence or provision is deemed unenforceable, the\nremaining provisions of the compact shall be enforceable.\n  B. The provisions of this compact shall be liberally construed to\neffectuate its purposes.\n                              ARTICLE XIII\n                BINDING EFFECT OF COMPACT AND OTHER LAWS\n  A. Other laws.\n  1. Nothing herein prevents the enforcement of any other law of a\ncompacting state that is not inconsistent with this compact.\n  2. All compacting states' laws other than state constitutions and\nother interstate compacts conflicting with this compact are superseded\nto the extent of the conflict.\n  B. Binding effect of the compact.\n  1. All lawful actions of the interstate commission, including all\nrules and bylaws promulgated by the interstate commission, are binding\nupon the compacting states.\n  2. All agreements between the interstate commission and the compacting\nstates are binding in accordance with their terms.\n  3. Upon the request of a party to a conflict over meaning or\ninterpretation of interstate commission actions, and upon a majority\nvote of the compacting states, the interstate commission may issue\nadvisory opinions regarding such meaning or interpretation.\n  4. In the event any provision of this compact exceeds the\nconstitutional limits imposed on the legislature of any compacting\nstate, the obligations, duties, powers or jurisdiction sought to be\nconferred by such provision upon the interstate commission shall be\nineffective and such obligations, duties, powers or jurisdiction shall\nremain in the compacting state and shall be exercised by the agency\nthereof to which such obligations, duties, powers or jurisdiction are\ndelegated by law in effect at the time this compact becomes effective.\n  * NB Repealed September 1, 2030\n
N.Y. VAT Law § 117-E — New York Code / Act VAT / Title 1 / Article 1 / Section 117-E
Human organ delivery vehicle
Status: in_force

§ 117-e. Human organ delivery vehicle. 1. Any vehicle which is owned\nand operated by a certified organ procurement organization for the sole\npurpose of transporting human organs and/or medical personnel for the\npurpose of organ recovery or transplantation while engaged in an\nemergency operation. For the purpose of this chapter, the term "organ\nprocurement organization" shall mean an organ procurement organization\nas defined in subdivision five of section forty-three hundred sixty of\nthe public health law which is certified as a qualified organ\nprocurement organization by the federal centers for medicare and\nmedicaid services pursuant to section 273(b) of title 42 of the United\nStates code and section 486.303 of title 42 of the code of federal\nregulations.\n  2. No human organ delivery vehicle shall be operated as an authorized\nemergency vehicle unless: (a) the certified organ procurement\norganization which owns and operates such vehicle is in compliance with\narticle forty-three-B of the public health law and rules and regulations\npromulgated thereunder; (b) such vehicle is used solely for the purpose\nof transporting human organs and/or medical personnel for the purpose of\norgan recovery or transplantation while engaged in an emergency\noperation; (c) such vehicle is designated and clearly identified as a\nhuman organ delivery vehicle, and, prior to its operation as a human\norgan delivery vehicle the certified organ procurement organization\nwhich owns and operates such vehicle has received written authorization\nfrom the commissioner of health for the operation of such vehicle as a\nhuman organ delivery vehicle; (d) such vehicle is operated in compliance\nwith this chapter and with regulations promulgated pursuant thereto\nincluding subdivision three of this section; and (e) the driver of such\nvehicle has undergone training for the operation of authorized emergency\nvehicles during emergency operations as approved pursuant to subdivision\nthree of this section, and a defensive driving course. The commissioner\nof health may revoke or suspend a written authorization issued pursuant\nto paragraph (c) of this subdivision on proof that a certified organ\nprocurement organization has failed to comply with the provisions of\nthis section or any rules and regulations promulgated pursuant thereto.\nProvided, however, that any such revocations or suspensions shall be\nsubject to the same requirements for revocations, suspensions, hearings,\nnotice and review as set forth in subdivision two of section forty-three\nhundred sixty-six of the public health law.\n  3. The commissioner of health, in consultation with the commissioner,\nshall promulgate regulations to establish standards for the operation of\nhuman organ delivery vehicles as authorized emergency vehicles pursuant\nto this chapter. Such regulations shall, at a minimum: (a) establish\nstandards for the issuance of written authorization for the operation of\nsuch vehicles; (b) establish standards for human organ delivery vehicle\noperations, vehicles and equipment including compliance with this\nchapter, and the training of human organ delivery vehicle drivers for\nthe safe operation of such vehicles during an emergency operation; (c)\nrequire certified organ procurement organizations to establish and\nenforce written policies concerning minimum qualifications and physical\nrequirements for human organ delivery vehicle drivers and for the\nequipping and maintenance of such vehicles; and (d) include such other\nstandards or requirements as the commissioner of health and the\ncommissioner deem necessary for the safety and well being of the people\nof the state.\n
N.Y. SOS Law § 384-C — New York Code / Act SOS / Article 6 / Title 1 / Section 384-C
Notice in certain proceedings to fathers of children born out-of-wedlock
Status: in_force

§ 384-c. Notice in certain proceedings to fathers of children born\nout-of-wedlock.  1. Notwithstanding any inconsistent provision of this\nor any other law, and in addition to the notice requirements of any law\npertaining to persons other than those specified in subdivision two of\nthis section, notice as provided herein shall be given to the persons\nspecified in subdivision two of this section of any proceeding initiated\npursuant to sections three hundred fifty-eight-a and three hundred\neighty-four of this title, involving a child born out-of-wedlock.\nPersons specified in subdivision two of this section shall not include\nany person who has been convicted of one or more of the following sexual\noffenses in this state or convicted of one or more offenses in another\njurisdiction which, if committed in this state, would constitute one or\nmore of the following offenses, when the child who is the subject of the\nproceeding was conceived as a result: (a) rape in first or second\ndegree; (b) course of sexual conduct against a child in the first\ndegree; (c) predatory sexual assault; or (d) predatory sexual assault\nagainst a child.\n  2. Persons entitled to notice, pursuant to subdivision one of this\nsection, shall include:\n  (a) any person adjudicated by a court in this state to be the father\nof the child;\n  (b) any person adjudicated by a court of another state or territory of\nthe United States to be the father of the child, when a certified copy\nof the court order has been filed with the putative father registry,\npursuant to section three hundred seventy-two-c of this chapter;\n  (c) any person who has timely filed an unrevoked notice of intent to\nclaim paternity of the child, pursuant to section three hundred\nseventy-two-c of this chapter;\n  (d) any person who is recorded on the child's birth certificate as the\nchild's father;\n  (e) any person who is openly living with the child and the child's\nmother at the time the proceeding is initiated or at the time the child\nwas placed in the care of an authorized agency, and who is holding\nhimself out to be the child's father;\n  (f) any person who has been identified as the child's father by the\nmother in written, sworn statement;\n  (g) any person who was married to the child's mother within six months\nsubsequent to the birth of the child and prior to the execution of a\nsurrender instrument or the initiation of a proceeding pursuant to\nsection three hundred eighty-four-b; and\n  (h) any person who has filed with the putative father registry an\ninstrument acknowledging paternity of the child, pursuant to section\n4-1.2 of the estates, powers and trusts law.\n  3. The provisions of this section shall not apply to persons entitled\nto notice pursuant to section one hundred eleven of the domestic\nrelations law. The sole purpose of notice under this section shall be to\nenable the person served pursuant to subdivision two of this section to\npresent evidence to the court relevant to the best interests of the\nchild.\n  4. Notice under this section shall be given at least twenty days prior\nto the proceeding by delivery of a copy of the petition and notice to\nthe person. Upon a showing to the court, by affidavit or otherwise, on\nor before the date of the proceeding or within such further time as the\ncourt may allow, that personal service cannot be effected at the\nperson's last known address with reasonable effort, notice may be given,\nwithout prior court order therefor, at least twenty days prior to the\nproceeding by registered or certified mail directed to the person's last\nknown address or, where the person has filed a notice of intent to claim\npaternity pursuant to section three hundred seventy-two-c, to the\naddress last entered therein. Notice by publication shall not be\nrequired to be given to a person entitled to notice pursuant to the\nprovisions of this section.\n  5. A person may waive his right to notice under this section by\nwritten instrument subscribed by him and acknowledged or proved in the\nmanner required for the execution of a surrender instrument pursuant to\nsection three hundred eighty-four of this chapter.\n  6. The notice given to persons pursuant to this section shall inform\nthem of the time, date, place and purpose of the proceeding and shall\nalso apprise such persons that their failure to appear shall constitute\na denial of their interest in the child which denial may result, without\nfurther notice, in the transfer or commitment of the child's care,\ncustody or guardianship or in the child's adoption in this or any\nsubsequent proceeding in which such care, custody or guardianship or\nadoption may be at issue.\n  7. No order of the court in any proceeding pursuant to section three\nhundred fifty-eight-a or three hundred eighty-four of this title or in\nany subsequent proceeding involving the child's custody, guardianship or\nadoption shall be vacated, annulled or reversed upon the application of\nany person who was properly served with notice in accordance with this\nsection but failed to appear, or who waived notice pursuant to\nsubdivision five of this section. Nor shall any order of the court in\nany proceeding involving the child's custody, guardianship or adoption\nbe vacated, annulled or reversed upon the application of any person who\nwas properly served with notice in accordance with this section in any\nprevious proceeding in which the court determined that the transfer or\ncommitment of the child's care, custody or guardianship to an authorized\nagency was in the child's best interests.\n
N.Y. EXC Law § 501-B — New York Code / Act EXC / Article 19-G / Title 1 / Section 501-B
Intervention as of right; notice
Status: in_force

§ 501-b. Intervention as of right; notice. The division for youth,\npursuant to paragraph one of subdivision (a) of section ten hundred\ntwelve of the civil practice law and rules, shall be permitted to\nintervene in any action involving an appeal from a decision of any Court\nof this State which relates to programs, conditions or services provided\nby the division for youth. Written notice shall be given to the attorney\ngeneral and the director of the division for youth by the party taking\nthe appeal.\n
N.Y. EDN Law § 224 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 224
Prohibitions
Status: in_force

§ 224. Prohibitions.  1. a. No individual, association, partnership or\ncorporation not holding university, college or other degree conferring\npowers by special charter from the legislature of this state or from the\nregents, shall confer any degree or use, advertise or transact business\nunder the name university or college, or any name, title or descriptive\nmaterial indicating or tending to imply that said individual,\nassociation, partnership or corporation conducts, carries on, or is a\nschool of law, medicine, dentistry, pharmacy, veterinary medicine,\nnursing, optometry, podiatry, architecture or engineering, unless the\nright to do so shall have been granted by the regents in writing under\ntheir seal.\n  b. Notwithstanding any other provision of law to the contrary, no\nindividual, association, partnership or corporation operating an\ninstitution on a for-profit basis and holding degree-conferring powers\ngranted by the regents pursuant to this subdivision shall, through a\nchange of ownership or control, convey, assign or transfer such\ndegree-conferring authority without the consent of the regents. For\npurposes of this subdivision, a change of ownership or control shall\ninclude, but shall not be limited to, merger or consolidation with any\ncorporation; sale, lease, exchange or other disposition of all or\nsubstantially all of the assets of the institution; and the transfer of\na controlling interest of the stock of a corporation.\n  2. No person shall buy, sell or fraudulently or illegally make or\nalter, give, issue or obtain or attempt to obtain by fraudulent means\nany diploma, certificate or other instrument purporting to confer any\nliterary, scientific, professional or other degree, or to constitute any\nlicense, or a duplicate thereof, or any certificate of registration, or\nto certify to the completion in whole or in part of any course of study\nin any university, college, academy or other educational institution.\n  3. No person, firm, association or corporation shall offer or\notherwise advertise a college degree in the state of New York without\nthe prior written approval of the department, in accordance with the\nregulations of the commissioner of education, unless the institution\noffering or advertising such a degree is accredited by at least one\naccrediting commission recognized by the United States commissioner of\neducation as a reliable authority for the purpose of accreditation at\nthe post secondary level or unless the program leading to such degree is\nregistered with the department of education of the state of New York. A\nviolation of this subdivision is a violation punishable by a fine not to\nexceed five hundred dollars.  Any newspaper or other advertising medium\nwhich carries said advertisement shall be exempt from the provisions of\nthis subdivision.\n  3-a. Notwithstanding the provisions of subdivision three of this\nsection, the commissioner of education, boards of education, school\nauthorities, or authorized school officers shall not be required to\naccept for purposes of certification, recertification, licensure,\nappointment, promotional increment, or salary differential for pedagogic\npersonnel, any diploma, degree or course credit from a university,\ncollege, academy, school or other institution of learning located\noutside the state of New York if such diploma, degree or course credit\nwas granted without the requirement of on-campus attendance and if\ninstruction and testing was transacted primarily by correspondence.\n  Any person making application for certification, recertification,\nlicensure, appointment, promotional increment or salary differential may\nbe required by the commissioner, or by boards of education, school\nauthorities or authorized school officers to submit a signed statement\nor affidavit as part of such application to identify any diploma, degree\nor course credit which was granted by a university, college, academy,\nschool or other institution of learning located outside the state of New\nYork if such diploma, degree or course credit was granted without the\nrequirement of on-campus attendance and if instruction and testing was\ntransacted primarily by correspondence. A willful and wrongful\nmisrepresentation on such application shall constitute grounds for\ndisciplinary action in accordance with the provisions of this chapter,\nthe rules of the regents, the regulations of the commissioner, or the\nby-laws, rules or regulations of such school authorities.\n  The provisions of this subdivision shall not apply to any diploma,\ndegree or course credit completed before the effective date of this\nsubdivision.\n  4. No diploma or degree shall be conferred in this state except by a\nregularly organized institution of learning meeting all requirements of\nlaw and of the university, nor shall any person, with intent to deceive,\nfalsely represent himself to have received any such degree or\ncredential, nor shall any person append to his name any letters in the\nsame form registered by the regents as entitled to the protection\naccorded to university degrees, unless he shall have received from a\nduly authorized institution the degree or certificate for which the\nletters are registered. Counterfeiting or falsely or without authority\nmaking or altering in a material respect any such credential issued\nunder seal shall be a felony; any other violation of this section shall\nbe a misdemeanor; and any person who aids or abets another, or\nadvertises or offers himself to violate the provisions of this section,\nshall be liable to the same penalties.\n