N.Y. VAT Law § 465 — New York Code / Act VAT / Title 4 / Article 17-A / Section 465
Procedures relating to warranties and sales incentives
Status: in_force

§ 465. Procedures relating to warranties and sales incentives.  1.\nEvery franchisor shall properly fulfill any warranty agreement and/or\nfranchisor's service contract, including but not limited to all warranty\nrepairs, extended warranty repairs, factory compensated repairs,\nrecalls, diagnostics, parts and other voluntary stop-sell repairs, and\nshall compensate each of its franchised motor vehicle dealers for all\nwarranty, recall, diagnostic labor operations and parts where applicable\nin amounts which reflect reasonable compensation for such work. For\npurposes of this section, reasonable compensation shall be the\nreasonable labor time allowances defined by the retail labor time guide\nreasonably utilized by a franchised motor vehicle dealer for\nnon-warranty customer paid labor operations. All warranty claims and/or\nclaims under a franchisor's service contract made by franchised motor\nvehicle dealers shall be paid within thirty days following their\napproval. For diagnosis work, parts reimbursement, other than\ncomponents, systems, fixtures, appliances, furnishings, accessories and\nfeatures of a house coach that are designed, used and maintained\nprimarily for nonvehicular residential purposes, and for labor\nreimbursement, reasonable compensation shall not be less than the price\nand rate charged by the franchised motor vehicle dealer for like\nservices to non-warranty and/or non-service contract customers. For\npurposes of this section, the price and rate charged by the franchised\nmotor vehicle dealer for parts may be established by submitting to the\nfranchisor one hundred sequential nonwarranty customer-paid service\nrepair orders or the number of sequential nonwarranty customer-paid\nservice repair orders written within a ninety day period, whichever is\nless, covering repairs made no more than one hundred eighty days before\nthe submission, and declaring the price and rate, including average\nmarkup for the franchised motor vehicle dealer as its reimbursement\nrate. The reimbursement rate so declared shall go into effect thirty\ndays following the declaration and shall be presumed to be reasonable,\nhowever a franchisor may rebut such presumption by showing that such\nrate so established is unreasonable in light of the practices of all\nother franchised motor vehicle dealers in the vicinity offering the same\nline make. The franchised motor vehicle dealer shall not request a\nchange in the reimbursement rate more often than once in each calendar\nyear. In establishing the labor reimbursement rate, the franchisor shall\nnot require a franchised motor vehicle dealer to establish said rate by\na methodology, or by requiring information, that is unduly burdensome or\ntime consuming to provide, including, but not limited to, a transaction\nby transaction calculation. For the purposes of this section, the\nfollowing parts or types of repairs shall be excluded from the parts\nand/or labor calculations and the franchisor's reimbursement\nrequirements under this section: (a) parts sold at wholesale; (b) tires;\n(c) routine maintenance not covered under any retail customer warranty\nsuch as fluids, filters and belts not provided in the course of repairs;\n(d) vehicle reconditioning; and (e) batteries replaced as part of a\nroutine maintenance operation. If the franchisor rejects the declaration\nor attempts to rebut the declaration because of an error in the dealer's\nsubmission, the franchisor shall identify with specificity the reason\nfor rejection and identify the error or errors within the submission. In\nthe event the franchisor rejects or rebuts the dealer's initial\ndeclaration, the dealer shall have the opportunity, within sixty days to\nresubmit the full and corrected declaration addressing the alleged error\nor errors identified by the franchisor. The franchisor shall respond\nwithin sixty days. The one hundred eighty day requirement for the repair\norders shall be stayed from the date of initial submission. In any\naction or proceeding held pursuant to this subdivision, the franchisor\nshall have the burden of proving that the rate declared by the dealer\nwas unreasonable as described in this subdivision and that the proposed\nadjustment of the average percentage markup or rejection of the\nsubmission is reasonable pursuant to the provisions of this subdivision.\nA warranty claim timely made shall not be deemed invalid solely because\nunavailable parts cause additional use and mileage on the vehicle.\n  2. All warranty or sales incentive claims shall be either approved or\ndisapproved within thirty days after their receipt. When any such claim\nis disapproved the franchised motor vehicle dealer shall be notified in\nwriting of its disapproval within said period. Each such notice shall\nstate the specific grounds upon which the disapproval is based. Failure\nto disapprove a claim within thirty days shall be deemed approval.\n  3. No franchisor shall conduct an audit or charge back any warranty\npayment, or any sales, advertising or marketing incentive payment\n("incentive payments") or otherwise hold a franchised motor vehicle\ndealer liable for charges more than one year, or five years in the case\nof fraud, after the date the franchisor made such payment to the dealer,\nwithout providing a notice to a franchised motor vehicle dealer of, or a\nmechanism that makes available to a franchised motor vehicle dealer,\ninformation regarding errors or issues regarding such dealer's warranty,\nsales, advertising or marketing incentive claims that are the subject of\nthe audit or chargeback. Nothing in this section shall be deemed to\ngrant a dealer the right to access any file held by the manufacturer\nevaluating such dealer. In connection with a claim for warranty\nreimbursements, the dealer's failure to document properly one part of a\nwarranty repair that contains more than one part shall not be the sole\nbasis to charge back the entire repair. A manufacturer shall not deny a\nclaim submitted under this section based solely on a dealer's incidental\nfailure to comply with a specific claim processing requirement, a\nclerical error, or other administrative technicality, provided that the\nfailure does not call into question the legitimacy of the claim and that\nthe dealer corrects the claim according to franchisor guidelines.\n  4. A franchisor shall not charge a dealer back subsequent to the\npayment of a warranty, sales, advertising or marketing incentive claim\nunless a representative of the franchisor has met in person at the\ndealership, or by telephone, with an officer or employee of the dealer\ndesignated by the dealer and explained in detail the basis for each of\nthe proposed charge backs and thereafter given the dealer's\nrepresentative a reasonable opportunity at the meeting, or during the\ntelephone call, to explain the dealer's position relating to each of the\nproposed charge backs. In the event the dealer was selected for audit or\nreview on the basis that some or all of the dealer's claims were viewed\nas excessive in comparison to average, mean or aggregate data\naccumulated by the franchisor, or in relation to claims submitted by a\ngroup of other franchisees, the franchisor shall, at or prior to the\nmeeting or telephone call with the dealer's representative, provide the\ndealer with a written statement containing the basis or methodology upon\nwhich the dealer was selected for audit or review.\n  5. A franchisor shall not deny or charge back a payment for warranty\nwork claimed by the dealer unless the franchisor satisfies its burden of\nproof that the dealer did not make a good faith effort to comply with\nthe reasonable written procedures of the franchisor or that the dealer\ndid not actually perform the work.\n  6. A franchisor shall not deny or charge back a sales, advertising or\nmarketing incentive payment made to a dealer unless the claim was\nmaterially false or fraudulent or the dealer failed to reasonably\nsubstantiate the claim in accordance with the manufacturer's reasonable\nprocedures.\n  7. After all internal dispute resolution processes provided through\nthe franchisor have been resolved, the franchisor shall give notice to\nthe dealer of the final amount of a proposed warranty, sales,\nadvertising or marketing incentive charge back. If the dealer institutes\nan action pursuant to this article within thirty days of receipt of such\nnotice, the proposed charge back shall be stayed, without bond, during\nthe pendency of such action and until the final judgment has been\nrendered in an adjudicatory proceeding or action as provided in section\nfour hundred sixty-nine of this article. The franchisor shall not impose\nthe chargeback, debit the dealer's account, or otherwise seek to obtain\nall or any part of the chargeback funds from the dealer during the\nthirty-day period in which the dealer has the opportunity to file an\naction as set forth above.\n
N.Y. VAT Law § 404-V*7 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-V*7
Distinctive "Love your library" plates
Status: in_force

* § 404-v. Distinctive "Love your library" plates. 1. Any person\nresiding in this state shall, upon request, be issued a distinctive\n"Love your library" license plate of a design approved by the\ncommissioner. Application for said license plate shall be filed with the\ncommissioner in such form and detail as the commissioner shall\nprescribe.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon the payment of the\nregular registration fee prescribed by section four hundred one of this\narticle provided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plate. All moneys received\nas annual service charges under this section shall be deposited to the\ncredit of the love your library fund established pursuant to section\nninety-nine-l of the state finance law; and shall be used for library\nrelated programs and resources authorized by the commissioner of\neducation. Provided, however, that one year after the effective date of\nthis section, funds in the amount of six thousand dollars, or so much\nthereof as may be available, shall be allocated to the department to\noffset costs associated with the production of such license plates.\n  * NB There are 7 § 404-v's\n
N.Y. RPT Law § 499-CCCC — New York Code / Act RPT / Article 4 / Title 4-C / Section 499-CCCC
Application for tax abatement
Status: in_force

§ 499-cccc. Application for tax abatement.  1. To obtain a tax\nabatement pursuant to this title, an applicant must file an application\nfor tax abatement, which may be filed on or after January first, two\nthousand nine, and on or before January first, two thousand thirty-six.\n  2. Such application shall be filed with a designated agency no later\nthan the March fifteenth before the first tax year, beginning July\nfirst, for which the tax abatement is sought.\n  3. Such application shall contain the following:\n  (a) The name and address of the applicant and the location of the\nsolar electric generating system or the electric energy storage\nequipment.\n  (b) Proof that the applicant received all required certifications,\npermits and other approvals to construct the solar electric generating\nsystem or the electric energy storage equipment.\n  (c) Certifications in a form prescribed by a designated agency, from\nan architect, engineer or other certified or licensed professional whom\na designated agency designates by rule, that (i) a solar electric\ngenerating system or electric energy storage equipment has been placed\nin service in connection with an eligible building in accordance with\nthis title, the rules promulgated hereunder, and local construction and\nfire codes, and (ii) if the solar electric generating system or electric\nenergy storage equipment has been placed on the roof of a building or\nother structure, that a structural analysis has been performed\nestablishing that such building or structure can sustain the load of\nsuch solar electric generating system or electric energy storage\nequipment. All certifications required by this title or the rules\npromulgated hereunder shall set forth the specific findings upon which\nthe certification is based, and shall include information sufficient to\nidentify the eligible building, the certifying engineer, architect or\nother professional, and such other information as may be prescribed by a\ndesignated agency.\n  (d) An agreement to permit a designated agency or its designee to\ninspect the solar electric generating system or electric energy storage\nequipment and any related structures and equipment upon reasonable\nnotice.\n  (e) Any other information or certifications required by a designated\nagency pursuant to this title and the rules promulgated hereunder.\n  4. An application for tax abatement shall be in any format prescribed\nby a designated agency, including electronic form.\n  5. An application for tax abatement shall be approved by a designated\nagency upon determining that the applicant has submitted proof\nacceptable to such agency that the requirements for obtaining a tax\nabatement pursuant to this title and the rules promulgated hereunder\nhave been met. The burden of proof shall be on the applicant to show by\nclear and convincing evidence that the requirements for granting a tax\nabatement have been satisfied.\n  6. Upon notification from a designated agency that an application for\ntax abatement has been approved, the department of finance shall apply\nthe tax abatement, provided there are no outstanding real estate taxes,\nwater and sewer charges, payments in lieu of taxes or other municipal\ncharges with respect to the eligible building.\n
N.Y. PBH Law § 4661*2 — New York Code / Act PBH / Article 46-B / Title 4 / Section 4661*2
Resident funds
Status: in_force

* § 4661. Resident funds. An assisted living operator or employee of a\nresidence or any other entity which is a representative payee of a\nresident of such residence pursuant to designation by the social\nsecurity administration or which otherwise assumes management\nresponsibility over the funds of a resident shall maintain such funds in\na fiduciary capacity to the resident. Any interest on money received and\nheld for the resident shall be the property of the individual resident.\n  * NB There are 2 § 4661's\n
N.Y. PBA Law § 877 — New York Code / Act PBA / Article 4 / Title 4 / Section 877
Genesee Valley Regional Market District
Status: in_force

§ 877. Genesee Valley Regional Market District. There is hereby\ncreated and established a district to be known as the "Genesee Valley\nRegional Market District", which shall embrace the area and territory\nbounded and described as follows: All the territory included within the\nfollowing-named counties: Monroe, Ontario, Livingston, Orleans, Genesee,\nWyoming, Steuben, Yates, and all that territory in Wayne county lying\nwest of the new pre-emption line.\n
N.Y. PBA Law § 1689 — New York Code / Act PBA / Article 8 / Title 4 / Section 1689
Board of cooperative educational services school facilities
Status: in_force

§ 1689. Board of cooperative educational services school facilities.\n1.  For all the purposes of this section sixteen hundred eighty-nine the\nterm "board of cooperative educational services school facilities" shall\nmean any interest in real property, any building, library, laboratory,\nclassroom, or other building or structure essential, necessary or useful\nin a career education or other program of any board of cooperative\neducational services.\n  2. a. The authority is hereby authorized and empowered upon\napplication of the board of cooperative educational services concerned\nto construct, acquire, reconstruct, rehabilitate and improve, and\nfurnish and equip or otherwise provide a board of cooperative\neducational services school facility. The board for whose students any\nsuch board of cooperative educational services school facility is\nintended to be provided shall approve plans and specifications and the\nlocation of such board of cooperative educational services facilities.\nThe authority shall have the same power and authority in respect to such\nboard of cooperative educational services school facilities erected\npursuant to this section that it has relative to dormitories.\n  b. The authority shall have power to acquire, in the name of the\nauthority, on terms necessary or convenient by purchase, condemnation,\ngift or devise, real property, leasehold interest in real property or\nrights of easement in relation to the board of cooperative educational\nservices school facilities erected pursuant to this section.\n  c. When authorized by the voters of the board of cooperative\neducational services, any board of cooperative educational services\nshall have power to convey to the authority real property, leasehold\ninterest in real property or rights of easement, the title of which is\nvested in the board, in relation to the board of cooperative educational\nservices school facilities to be erected pursuant to this section, and,\nwhen so authorized, any board of cooperative educational services shall\nhave power to enter into any lease or other agreement with the authority\nin connection with the provision of a board of cooperative educational\nservices school facility.\n  d. The authority shall have power to accept gifts of real and personal\nproperty in the name of the authority for the purposes of this section.\n  e. The authority may lease any such board of cooperative educational\nservices school facilities to the board for which such board of\ncooperative educational services school facilities are erected. At such\ntime as the liabilities of the authority incurred for any such board of\ncooperative educational services school facilities have been discharged\nand the bonds of the authority issued therefor have been paid or such\nliabilities and bonds have otherwise been discharged, the authority\nshall transfer title to all real and personal property of such board of\ncooperative educational services school facilities vested in the\nauthority to the board to which such board of cooperative educational\nservices school facilities are then leased, provided, however, that if\nat such time the board of cooperative educational services school\nfacilities are not located in any board or any successor thereto in the\nstate of New York, then such title shall vest in the people of the state\nof New York.\n  f. Any lease of a board of cooperative educational services school\nfacility authorized by this section may contain provisions which shall\nbe a part of the contract with the holder of the bonds of the authority\nissued for such board of cooperative educational services school\nfacility, as to\n  (1) pledging all or any part of the moneys, income or revenues of the\nlessee or other personal property of the lessee, to secure payments\nrequired under the terms of such lease;\n  (2) the setting aside of reserves and the creation of special funds\nand the regulation and disposition thereof;\n  (3) the procedure, if any, by which the terms of such lease may be\namended, the amount of bonds the holders of which must consent thereto,\nand the manner in which such consent may be given;\n  (4) vesting in a trustee or trustees such specified properties,\nrights, powers and duties as shall be deemed necessary or desirable for\nthe security of the holders of the bonds of the authority issued for\nsuch board of cooperative educational services school facilities;\n  (5) the obligations of the lessee with respect to the replacement,\nreconstruction, maintenance, operations, repairs and insurance of such\nboard of cooperative educational services school facilities;\n  (6) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the lessee, and providing for\nthe rights and remedies of the authority and of its bondholders in the\nevent of such default;\n  (7) any other matters, of like or different character, which may be\ndeemed necessary or desirable for the security or protection of the\nauthority or the holders of its bonds.\n  3. Whenever the authority under the provisions of this section\nundertakes to construct or otherwise provide a board of cooperative\neducational services school facility and to lease the same to a board of\ncooperative educational services, such lease shall be the general\nobligation of the board and any successor thereto. Such lessee shall be\nresponsible for the direct costs of operation, maintenance, repair and\nreplacement of such board of cooperative educational services school\nfacility, and in addition shall be responsible for the over-all\nsupervision of each board of cooperative educational services school\nfacility, for the overhead and general administrative costs of the\nlessee which are incurred because of such board of cooperative\neducational services school facility and for the integration of the\noperation of each such board of cooperative educational services school\nfacility into the lessee's educational program.\n  4. All the provisions of this title four not inconsistent with the\nprovisions of this section sixteen hundred eighty-nine shall be\napplicable with respect to any bonds of the authority issued to obtain\nfunds for any purpose authorized under this section sixteen hundred\neighty-nine and with respect to the powers of the authority hereunder.\n  5. To obtain funds for the purposes of this section, the authority\nshall have power from time to time to issue negotiable bonds or notes of\nthe authority. Unless the context shall clearly indicate otherwise\nwhenever the words "bond" or "bonds" are used in this section, such\nwords shall include a note or notes of the authority.\n  6. Any pledge of or other security interest in moneys, earnings,\nincome, revenues, accounts, contract rights, general intangibles or\nother personal property made or created by the authority shall be valid,\nbinding and perfected from the time when such pledge or other security\ninterest attaches, without any physical delivery of the collateral or\nfurther act. The lien of any such pledge or other security interest\nshall be valid, binding and perfected as against all parties having\nclaims of any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or other security interest is created\nnor any financing statement need be recorded or filed. This subdivision\nshall apply notwithstanding the provisions of the uniform commercial\ncode.\n  7. Whenever the authority undertakes under the provisions of this\nsection to construct, acquire, reconstruct, rehabilitate and improve,\nand furnish and equip or otherwise provide a board of cooperative\neducational services school facility, each board of cooperative\neducational services in connection with which such board of cooperative\neducational services school facility is built is authorized to assign\nand pledge to the authority a sufficient portion of any and all public\nfunds to be apportioned or otherwise to be made payable by the state of\nNew York to the board of cooperative educational services to cover the\npayments required under the lease between the authority and the board of\ncooperative educational services. All state and local officials\nconcerned are hereby authorized to apportion and pay all such funds so\nassigned and pledged to the authority. Such assignment and pledge by any\nboard of cooperative educational services shall be irrevocable and shall\ncontinue until the date on which the liabilities of the authority and\nany such board of cooperative educational services school facilities\nhave been discharged and the bonds of the authority issued therefor have\nbeen paid or such bonds have otherwise been discharged.\n  8. No board of cooperative educational services school facility shall\nbe constructed or otherwise provided by the authority under the\nprovisions of this section unless approved by the voters of the board of\ncooperative educational services and unless any and all necessary\napprovals of the commissioner of education under section four hundred\neight of the education law have been obtained.\n  9. Any payment required to be made by a board of cooperative\neducational services to the authority shall be deemed an administrative\nor capital expense within the meaning of section nineteen hundred fifty\nof the education law.\n  10. a. The total amount payable annually to the authority by a board\nshall be certified by the authority to the commissioner of education and\nthe authority shall annually prepare and certify to the commissioner of\neducation a statement of the total amount necessary to be paid by all\nboards of cooperative educational services for the ensuing school year.\n  b. The commissioner of education shall include in the certificate\nwhich he files with the state comptroller showing the amount of state\nfunds apportioned to the board of cooperative educational services a\nstatement showing the amount to be owed by the board to the authority\nfor the ensuing school year.\n  c. The comptroller shall deduct from any state funds to become due to\nany such board of cooperative educational services an amount equal to\nthe amount required to be paid by such board to the authority as shown\nby the certificate of the commissioner of education filed with the\ncomptroller as required by paragraph b of this subdivision.\n  d. The state of New York hereby covenants with the purchasers, holders\nand owners from time to time of the bonds of the authority that it will\nnot repeal, revoke, rescind, modify or amend the provisions of this\nsubdivision ten so as to limit, impair or impede the rights and remedies\ngranted hereby or otherwise diminish the security pledged to such\npurchasers, holders and owners or significantly impair the prospect of\npayment of any such bond, nor shall any lien or charge on or pledge,\nassignment, diversion, withholding, payment or other use of or deduction\nfrom any state funds due or to become due or appropriated to or to be\nappropriated to or to be apportioned and paid to any board of\ncooperative educational services be created which is prior in time or\nsuperior in right to the deduction required by paragraph c of this\nsubdivision; provided, however, that nothing herein contained shall be\ndeemed or construed as requiring the state to continue the payment of\nthe state aid or assistance to any board of cooperative educational\nservices or as limiting or prohibiting the state from repealing or\namending any law theretofore or hereafter enacted providing for the\npayment or apportionment of state aid to a board of cooperative\neducational services or the manner, time or amount thereof.\n  11. In the event that the amount paid to the authority pursuant to the\nprovisions of subdivision ten of this section is insufficient to meet\nany payment required by the board of cooperative educational services to\nthe authority any such amount still due and owing shall be paid directly\nto the authority by the board.\n  12. (a) After: (i) a proposition has been approved by the voters of a\nboard of cooperative educational services for the construction or\nproviding by the authority of a board of cooperative educational\nservices school facility or facilities and any and all necessary\napprovals of the commissioner of education have been obtained, all as\nprovided by subdivision eight of this section; (ii) an agreement and a\nlease have been executed by and between such board of cooperative\neducational services and the dormitory authority relating to the\nconstruction or otherwise providing of such board of cooperative\neducational services school facility or facilities, the leasing thereof\nby the dormitory authority to such board of cooperative educational\nservices and the financing thereof by the dormitory authority by the\nissuance of its obligations; and (iii) the dormitory authority has\nadopted its resolution authorizing obligations of the dormitory\nauthority for such purpose, the dormitory authority may determine to\nprovide that the validity of such agreement, lease, resolution of the\nauthority authorizing the issuance of obligations and the obligations\nauthorized and issued pursuant thereto may be contested only if:\n  1. Such agreement, lease, resolution and the obligations to be issued\npursuant to such resolution are authorized for a board of cooperative\neducational services school facility or facilities for which the board\nof cooperative educational services and the dormitory authority are not\nauthorized to execute an agreement and a lease or for which the\ndormitory authority is not authorized to issue obligations, or\n  2. The provisions of law which should be complied with at the date of\nthe publication of the notice hereinafter provided for, are not\nsubstantially complied with, and an action, suit or proceeding\ncontesting such validity is commenced within twenty days after the date\nof such publication, or\n  3. Such obligations are authorized in violation of the provisions of\nthe constitution.\n  (b) If the dormitory authority shall determine to utilize the\nprovisions of this subdivision, the dormitory authority shall publish or\nshall cause a notice to be published in the manner hereinafter provided,\nwhich notice shall be in substantially the following form:\n  The (here insert the name of the board of cooperative educational\nservices) and the dormitory authority of the state of New York have\nentered into an agreement dated as of the ----- day of -----, 19---, and\na lease dated as of the ----- day of -----, 19---, and the dormitory\nauthority has adopted a resolution on the ----- day of -----, 19---, and\nthe validity of such agreement, lease, resolution and the obligations\nissued pursuant thereto may be hereafter contested only if such\nagreement, lease, resolution and the obligations issued pursuant thereto\nwere authorized for a board of cooperative educational services school\nfacility or facilities for which such board of cooperative educational\nservices and the dormitory authority are not authorized to enter into an\nagreement, lease and for which the dormitory authority is not authorized\nto issue such obligations or if the provisions of law which should have\nbeen complied with as of the date of publication of this notice were not\nsubstantially complied with, and an action, suit or proceeding\ncontesting such validity is commenced within twenty days after the date\nof publication of this notice, or such obligations were authorized in\nviolation of the provisions of the constitution.\n  By such agreement and lease such board of cooperative educational\nservices and the dormitory authority have agreed that the dormitory\nauthority shall provide the board of cooperative educational services\nschool facility or facilities described therein, that the dormitory\nauthority shall lease the same to such board of cooperative educational\nservices, which board of cooperative educational services shall pay\nannual rentals as agreed upon in such lease sufficient to pay the\nprincipal of and interest on the obligations of the authority issued to\nfinance such facility or facilities, the amounts required by such\nresolution to establish and maintain the reserve funds, if any, required\nby such resolution, any expenditures of the authority for insurance,\nfees and expenses of auditing and fees and expenses of the trustee, all\nas required by the resolution, all other expenditures reasonably and\nnecessarily incurred by the authority by reason of its ownership,\nfinancing and leasing of the project and the annual administrative fee\npayable to the authority. Such resolution authorizes an issue of $-----\nobligations of the authority, which amount is equal to the sum of: (i)\nthe estimated cost of construction and equipment of such board of\ncooperative educational services school facility or facilities after\nfirst deducting federal grants-in-aid to be received; (ii) the amount\nrequired by the authority, if any, to be paid to reserve funds created\nby the resolution of the authority authorizing the bonds; and (iii) the\namounts required to make payments for legal, financing, administrative\nand other costs and expenses of the authority in connection with such\nboard of cooperative educational services school facilities and the\nfinancing thereof.\n  Executed counterparts of such agreement and lease and a certified copy\nof the resolution of the dormitory authority authorizing such\nobligations are on file in the office of the clerk of such board of\ncooperative educational services at (here insert the address of the\noffice of such clerk) and at the office of the dormitory authority (here\ninsert the address of such office) and such documents may be inspected\nat either of said offices during regular business hours.\n                   DORMITORY AUTHORITY OF THE STATE OF\n                NEW YORK and (here insert the name of the\n                board of cooperative educational services)\n  (c) The notice described in subparagraph (b) of this subdivision shall\nbe published once in each of two newspapers, if there shall be two, or\nin one newspaper, if there shall be but one, having general circulation\nwithin the board of cooperative educational services, but if no\nnewspaper shall then have general circulation therein, such notice shall\nbe posted in at least twenty of the most public places in said board of\ncooperative educational services.\n  (d) After the publication of such notice, the validity of the\nobligations authorized thereby may be contested only if:\n  1. Such agreement, lease, resolution of the dormitory authority\nauthorizing the obligations, and the obligations of the dormitory\nauthority were authorized for a board of cooperative educational\nservices school facility or facilities for which such board of\ncooperative educational services and the dormitory authority were not\nauthorized to execute an agreement and a lease or for which the\ndormitory authority is not authorized to issue obligations, or\n  2. The provisions of law which should be complied with at the date of\npublication of the notice hereinabove provided for, are not\nsubstantially complied with, and an action, suit or proceeding\ncontesting such validity is commenced within twenty days after the date\nof such publication, or\n  3. Such obligations are authorized in violation of the provisions of\nthe constitution.\n  (e) If an action, suit or proceeding contesting the validity of such\nagreement, lease, resolution authorizing the obligations or the\nobligations authorized thereby is commenced within twenty days from the\ndate of publication of such notice, the court in which such action, suit\nor proceeding is commenced shall determine whether or not such\nagreement, lease, resolution and obligations were authorized for a board\nof cooperative educational services school facility or facilities for\nwhich the board of cooperative educational services and the dormitory\nauthority were authorized to enter into an agreement and a lease and for\nwhich the authority was authorized to issue obligations or the\nprovisions of law which should have been complied with were\nsubstantially complied with. The court may determine that the provisions\nof law which should have been complied with were substantially complied\nwith if:\n  1. The aggregate amount of obligations authorized does not exceed an\namount equal to the sum of; (i) the estimated cost of construction and\nequipment of such a board of cooperative educational services school\nfacility or facilities after first deducting federal grants-in-aid to be\nreceived; (ii) the amount, if any, required by the authority by the\nresolution to be paid to reserve funds created by the resolution of the\nauthority authorizing the obligations; and (iii) the amounts estimated\nby the authority to be required to make payments for legal, financing,\nadministrative and other costs and expenses of the authority in\nconnection with the providing of the facilities and the financing\nthereof.\n  2. Such agreement and lease were executed after a proposition\nauthorizing the same had been submitted to and approved by a majority of\nthe duly qualified voters of such board of cooperative educational\nservices.\n  (f) Such determination of the court as described in subparagraph (e)\nhereof may be arrived at notwithstanding any irregularity or failure to\nobserve a technicality in:\n  1. The form of such proposition approved by the duly qualified voters\nof such board of cooperative educational services.\n  2. The notice of the meeting at which such proposition was submitted.\n  3. The time or manner of the publication of such notice.\n  4. The conduct of the meeting at which such proposition was adopted.\n  5. Like matters in such proceedings.\n  (g) If the dormitory authority shall have utilized the provisions of\nthis subdivision, the obligations of the authority issued pursuant to\nthe resolution authorizing the same shall contain a recital\nsubstantially to the effect that the procedure for the validation of\nsuch bonds set forth in this section have been complied with and such\nrecital shall bind the board of cooperative educational services and the\ndormitory authority, and twenty days after such notice shall have been\npublished and after such obligations have been purchased in good faith\nand for fair value by any person, the validity of such agreement, lease,\nresolution and of the obligations issued pursuant to such resolution\nshall not be questioned by such board of cooperative educational\nservices or by any taxpayer thereof in any court.\n  (h) If the dormitory authority and such board of cooperative\neducational services shall deem it necessary to increase the amount of\nobligations of the authority to be issued in connection with the\nconstruction or providing of a board of cooperative educational services\nschool facility or facilities and shall have authorized the issuance of\nsuch additional obligations by the execution of a supplemental agreement\nand a supplemental lease between the dormitory authority and such board\nof cooperative educational services and the authority has adopted a\nsupplemental resolution authorizing such additional obligations, the\nprovisions of this subdivision also shall be applicable to such\nsupplemental agreement, supplemental lease, supplemental resolution and\nadditional obligations authorized and issued pursuant thereto.\n  13. No authorization given by the voters of a board of cooperative\neducational services prior to April first, nineteen hundred seventy-six\nof a lease or other agreement with the authority in connection with the\nprovision of a board of cooperative educational services school facility\nshall be held invalid by reason of any irregularity or failure to\nobserve a technicality in:\n  a. The form of such proposition approved by the duly qualified voters\nof such board of cooperative educational services,\n  b. The notice of the meeting at which such proposition was submitted,\n  c. The time or manner of the publication of such notice,\n  d. The conduct of the meeting at which such proposition was adopted,\n  e. Like matters in such proceedings, in any action or proceeding\ncommenced more than two years after the date of approval by such voters\nof the proposition authorizing such lease or other agreement. The\nforegoing limitation shall not be construed as extending any limitation\nperiod otherwise provided by law or authorizing any action or\nproceeding.\n
N.Y. VAT Law § 491 — New York Code / Act VAT / Title 4 / Article 17-A* / Section 491
Period of validity of identification card; required fees
Status: in_force

§ 491. Period of validity of identification card; required fees. 1.\nPeriod of validity. An identification card shall be valid from the date\nof issuance until the date of expiration determined by the commissioner,\nexcept that (a) any person sixty-two years of age or older or (b) any\nrecipient of supplemental security income benefits defined in section\ntwo hundred eight of the social services law, shall be eligible for a\ncard which expires ten years after the date of issuance. Such dates of\nissuance and expiration shall be noted on the identification card.\nHowever, the prior identification card shall expire on the date of\nissuance of a renewal of such prior identification card. The\ncommissioner may extend the period of validity of an identification card\nin a manner and form prescribed by the commissioner.\n  2. Fees. (a) The fee for an identification card shall be fifty cents\nfor each six months, or any portion thereof of the identification card's\nvalidity, except that the fee which shall be charged for the issuance of\nany original, duplicate, or renewal identification card issued (i) any\nperson sixty-two years of age or older or (ii) any recipient of\nsupplemental security income benefits as defined in section two hundred\neight of the social services law, shall be one dollar and fifty cents\nfor a period of ten years.\n  (b) The fee for a duplicate of an identification card shall be three\ndollars.\n  (c) In addition to other fees prescribed herein, an additional fee\nshall be charged for the issuance of any original, duplicate or renewal\nidentification card which contains a photograph of the holder. Such fee\nshall not exceed the additional cost of providing a photograph on an\nidentification card rounded to the next highest twenty-five cents.\n  (d) There shall be no fee other than a fee prescribed in paragraph (c)\nof this subdivision for an amended identification card.\n  (e) In addition to any other fee prescribed in this section, an\nadditional fee of thirty dollars shall be charged for any non-driver\nidentification card, issued to a New York state resident who is a\ncitizen of the United States, that can be used for certain land and sea\nborder crossings pursuant to section 7209 of the Intelligence Reform and\nTerrorism Prevention Act of Two Thousand Four, Public Law 108-458, or\nthe regulations promulgated thereunder.\n  3. Waiver of fee. The commissioner may waive the payment of fees\nrequired by subdivision two of this section if the applicant is (a) an\nincarcerated individual in an institution or correctional facility under\nthe jurisdiction of a state department or agency, or (b) a victim of a\ncrime and the identification card applied for is a replacement for one\nthat was lost or destroyed as a result of the crime.\n
N.Y. LAB Law § 300 — New York Code / Act LAB / Article 11 / Title 4 / Section 300
Size of rooms; air space per person
Status: in_force

§ 300. Size of rooms; air space per person. No greater number of\npersons shall be employed in any room of a factory between six o'clock\nin the morning and six o'clock in the evening than will allow each\nperson so employed two hundred and fifty cubic feet of air space nor,\nunless by written permit of the commissioner, than will allow four\nhundred cubic feet of air space for each person employed between six\no'clock in the evening and six o'clock in the morning. Such rooms shall\nbe lighted by electricity whenever persons are employed therein between\nsix o'clock in the evening and six o'clock in the morning.\n
N.Y. ELN Law § 5-403 — New York Code / Act ELN / Article 5 / Title 4 / Section 5-403
Rejection of ballot of unqualified voter; notice of action by board
Status: in_force

§ 5-403. Rejection of ballot of unqualified voter; notice of action by\nboard. If the ballot of any person, voted in an affidavit envelope in\nthe manner prescribed by this chapter, is rejected under the provisions\nof this chapter on the grounds that such person is not a qualified voter\nof the election district wherein he or she sought to vote, or is not\nduly enrolled in the party in whose primary he or she sought to vote and\nif such person has completed the application for registration and\nenrollment or change of enrollment on such affidavit envelope, the board\nof elections shall process such an application in the same manner as\nother applications for registration and enrollment or change of\nenrollment. The board of elections shall immediately notify such person\nby first class mail directed to the address given in his or her\naffidavit, of the rejection of his or her ballot, together with the\nreason therefor and, if such person has not completed the application\nfor registration by mail, the appropriate information on the times and\nplaces where he or she may register, re-register, enroll, or change or\ncorrect his or her enrollment. Where appropriate, a form of application\nfor personal registration by mail shall be included with such notice.\n
N.Y. PBA Law § 2877-A — New York Code / Act PBA / Article 9 / Title 4 / Section 2877-A
The New York state buy American salt act
Status: in_force

§ 2877-a. The New York state buy American salt act. 1. Use of American\nmaterials. (a) Notwithstanding any other provision of law, when\nsoliciting a contract for the purchase of rock salt or sodium chloride,\nany public authority may award such contract to the responsible and\nreliable bidder offering to supply rock salt or sodium chloride that is\nmined or hand harvested in the United States, and which offer is within\nten percent of the lowest price or best value offer, rather than to the\nlowest responsible and reliable bidder.\n  (b) If it has been determined by a court or federal or state agency\nthat any person intentionally:\n  (i) affixed a label bearing a "Made in America" inscription, or any\ninscription with the same meaning, to any rock salt, or sodium chloride\nproduct used in projects to which this section applies, sold in or\nshipped to the United States that was not mined or hand harvested in the\nUnited States; or\n  (ii) represented that any rock salt, or sodium chloride product\nprocured in a contract to which this section applies that was not\nproduced in the United States, was produced in the United States; then\nthat person shall be ineligible to receive any contract or subcontract\nwith this state pursuant to the debarment or suspension provisions\nprovided under section one hundred thirty-nine-a of the state finance\nlaw.\n  (c) This section shall be applied in a manner consistent with the\nstate's obligations under any applicable international agreements\npertaining to government procurement.\n  2. Definitions. For the purposes of this section, the following words\nshall have the following meanings unless specified otherwise:\n  (a) "Public authority" means a state, local or interstate authority as\nthose terms are defined in section two of this chapter;\n  (b) "Mined or hand harvested in the United States" means: extracted or\ncollected from land or ponds within the boundary of the United States,\nfrom the initial separation from the earth through the addition of any\nadditives necessary for commercial sale;\n  (c) "United States" means the United States of America and includes\nall territory, continental or insular, subject to the jurisdiction of\nthe United States.\n
N.Y. PBH Law § 4141 — New York Code / Act PBH / Article 41 / Title 4 / Section 4141
Death certificate; form and content
Status: in_force

§ 4141. Death certificate; form and content. 1. The certificate of\ndeath shall contain such information, including but not limited to the\ndecedent's social security number, and shall be in such form as the\ncommissioner may prescribe.\n  2. The personal particulars called for shall be furnished by a\ncompetent person acquainted with the facts.\n  3. The statement of facts relating to the disposition of the body\nshall be signed by the funeral director or undertaker in charge of the\ncorpse.\n  4. (a) The medical certificate shall be made, dated, and signed by the\nphysician or nurse practitioner, if any, last in attendance on the\ndeceased.\n  (b) Indefinite terms, denoting only symptoms of disease or conditions\nresulting from disease, shall not be held sufficient.\n  (c) Any certificate stating the cause of death in terms which the\ncommissioner declares indefinite shall be returned to the physician,\nnurse practitioner, or person making the medical certificate for\ncorrection and more definite statement.\n  (d) Where a death is caused by an opioid overdose, such information\nshall be indicated on the certificate, including, if known to the person\ncompleting the death certificate, the specific opioid that caused the\ndeath of the decedent, along with any other related information as the\ncommissioner may require.\n
N.Y. VAT Law § 404-A — New York Code / Act VAT / Title 4 / Article 14 / Section 404-A
Registration of motor vehicles of severely disabled persons
Status: in_force

§ 404-a. Registration of motor vehicles of severely disabled persons.\n1.  Legislative intent. It is the sense of the legislature to facilitate\nthe usual and special uses of the highways and other motor vehicle\nfacilities accorded to severely disabled residents of this state. The\ncommissioner is hereby empowered to issue to such persons, upon their\napplication, special motor vehicle registrations, one set of vehicle\nidentification plates for motor vehicles owned by such persons to be\nused for the transportation of such severely disabled person and one set\nof vehicle identification plates for each motor vehicle owned by such\npersons and used by a severely disabled member of the owner's family.\n  2. Registration of vehicles owned by severely disabled persons. The\ncommissioner shall assign to such motor vehicles, including any van or\npick-up truck used for transporting persons with disabilities which is\nnot used for commercial purposes, owned by such persons, a distinctive\nnumber and issue and deliver in such manner as the commissioner may\nselect to the owner a certification of registration, in such form as the\ncommissioner shall prescribe and two number plates, called disabled\nperson plates. Said disabled person plates shall conform to the\nrequirements of section four hundred one of this chapter, but shall bear\ndistinctive marks to distinguish them from number plates to be issued to\nother persons, qualifying under this chapter. The commissioner, in his\ndiscretion, may issue, for any registration year, only one plate as a\nset for a motor vehicle, in which event a set of disabled person plates\nfor a motor vehicle shall consist of one plate. Where a severely\ndisabled person owns more than one vehicle and such vehicle or vehicles\nis or are used by severely disabled members of the owner's family who\nreside with the owner, the commissioner shall issue one set of plates\nfor each additional vehicle used by such severely disabled person,\nprovided that such user qualifies as a severely disabled person in the\nmanner required by this section.\n  3. Registration of vehicles owned by severely disabled veterans. The\ncommissioner shall assign to such motor vehicles, including any vans or\npick-up trucks used for transporting handicapped veterans which are not\nused for commercial purposes and which are owned by such veterans or a\nnot-for-profit corporation serving such veterans, a distinctive number\nand issue and deliver in such manner as the commissioner may prescribe\nto the owner a certification of registration, in such form as the\ncommissioner shall prescribe and two number plates, called disabled\nveteran plates. Said severely disabled veteran plates shall conform to\nthe requirements of section four hundred one of this article, but shall\nbear distinctive marks to distinguish them from number plates to be\nissued to other persons, qualifying under this article. The commissioner\nin his discretion, may issue, for any registration year, only one plate\nas a set for a motor vehicle, in which event a set of severely disabled\nveteran plates for a motor vehicle shall consist of one plate. Where a\nseverely disabled veteran owns more than one vehicle and such vehicle or\nvehicles is or are used by severely disabled members of the owner's\nfamily who reside with the owner, the commissioner shall issue one set\nof plates for each additional vehicle used by such severely disabled\nveteran, provided that such user qualifies as a severely disabled\nveteran in the manner required by this section. For purposes of this\nsubdivision, the term "severely disabled veteran" shall mean a veteran\nas defined in section eighty-five of the civil service law, and whose\ndisability qualifies him as a severely disabled person within the\nmeaning of such term as defined in subdivision four of this section.\n  4. Issue of plates. The commissioner shall issue sets of plates to\nsuch person in accordance with subdivision two of this section with\nproof of such disability of such person or such members of his or her\nfamily certified by a physician, physician assistant or nurse\npractitioner, to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law, or podiatrist pursuant to subdivision four-a of this\nsection or optometrist pursuant to subdivision four-b of this section,\nto the satisfaction of the commissioner who is empowered to carry out\nthe effects of this section by formulating rules and regulations.\n  For the purposes of this section, a "severely disabled person" shall\nmean any person having any one or more of the following impairments,\ndisabilities or conditions which are permanent in nature:\n  (a) Has limited or no use of one or both lower limbs;\n  (b) Has a neuro-muscular dysfunction which severely limits mobility;\n  (c) Has a physical or mental impairment or condition which is other\nthan those specified above, but is of such nature as to impose unusual\nhardship in utilization of public transportation facilities and such\ncondition is certified by a physician, physician assistant or nurse\npractitioner, to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law, duly licensed to practice in this state, or, pursuant to\nsubdivision four-a of this section, a podiatrist duly licensed to\npractice podiatry in this state or, pursuant to subdivision four-b of\nthis section, an optometrist duly licensed to practice optometry in this\nstate, as constituting an equal degree of disability (specifying the\nparticular condition) so as to prevent such person from getting around\nwithout great difficulty in accordance with subdivision two of this\nsection; or\n  (d) A blind person.\n  4-a. Certification of disability by a podiatrist. A podiatrist duly\nlicensed to practice podiatry in this state may certify only those\nconditions which he or she treats in the course of the practice of\npodiatry, as defined by section seventy hundred one of the education\nlaw.\n  4-b. Certification of disability by an optometrist. An optometrist\nduly licensed to practice optometry in this state may certify only those\nconditions which he or she treats in the course of the practice of\noptometry, as defined in section seventy-one hundred one of the\neducation law.\n  5. Application for registration. (a) The application for registration\nunder this section shall be filed with the commissioner of motor\nvehicles in such form and detail as the commissioner shall prescribe,\nsetting forth such information as the commissioner may reasonably\nprescribe beyond such information required under section four hundred\none of this chapter.\n  (b) The commissioner may require the applicant for registration to\nfurnish such proof of his or her disability or such proof of disability\nof such members of his or her family from a physician, physician\nassistant or nurse practitioner, to the extent authorized by law and\nconsistent with subdivision three of section six thousand nine hundred\ntwo of the education law, or podiatrist pursuant to subdivision four-a\nof this section or optometrist pursuant to subdivision four-b of this\nsection, as the commissioner deems necessary either for initial\nregistration or renewal thereof; provided, however, that a handicapped\nor disabled permit issued by a municipality to such applicant pursuant\nto section twelve hundred three-a of this chapter shall be deemed\nsufficient proof of disability for purposes of this paragraph.\n  (c) Application under this section shall only apply to a vehicle\nsubject to registration pursuant to subdivision six of section four\nhundred one of this chapter and to a van or pick-up truck as provided in\nsubdivision two of this section.\n  6. Fee requirements. As provided in section four hundred one of this\nchapter, the registration and disabled person plates shall be\naccompanied only by the required fee otherwise required to be paid for\nvehicle registration.\n  7. Refueling notice. Upon the issuance or renewal of a registration\npursuant to this section, the commissioner shall notify the registrant\nof the availability of full service motor vehicle refueling at self\nservice prices as provided for in section three hundred ninety-six-bb of\nthe general business law.\n
N.Y. VAT Law § 404-N — New York Code / Act VAT / Title 4 / Article 14 / Section 404-N
Issuance of distinctive conservation plates
Status: in_force

§ 404-n. Issuance of distinctive conservation plates. 1.  On or after\nApril first, nineteen hundred ninety-four, any person residing in this\nstate, upon filing a complete application and paying a fee as provided\nin subdivision two of this section, shall be issued his or her choice of\na distinctive conservation license plate from those approved by the\ncommissioner.  Application for said license plate shall be filed with\nthe commissioner in such form and detail as the commissioner shall\nprescribe.\n  2. A distinctive conservation plate issued pursuant to this section\nshall be issued in the same manner as other number plates upon the\npayment of the regular registration fee prescribed by section four\nhundred one of this article provided, however, that an additional annual\nservice charge of twenty-five dollars shall be charged for such plate.\nAll moneys received as annual service charges under this section shall\nbe deposited to the credit of the environmental protection fund\nestablished pursuant to section ninety-two-s of the state finance law;\nand shall be used for open space land conservation projects undertaken\npursuant to title three of article fifty-four of the environmental\nconservation law.\n  3. The proceeds under this section shall be deposited in the\nenvironmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n
N.Y. EDN Law § 3008 — New York Code / Act EDN / Title 4 / Article 61 / Section 3008
Certification of teachers by local authorities
Status: in_force

§ 3008. Certification of teachers by local authorities.  A district\nsuperintendent, a city superintendent of schools or such other authority\nof a city school district as may be designated by law may issue such\ncertificate as may be authorized by law or by the regents general rules.\n
N.Y. EDN Law § 3214 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3214
Student placement, suspensions and transfers
Status: in_force

§ 3214. Student placement, suspensions and transfers. 1. School\ndelinquent. A minor under seventeen years of age, required by any of the\nprovisions of part one of this article to attend upon instruction, who\nis an habitual truant from such instruction or is irregular in such\nattendance or insubordinate or disorderly or disruptive or violent\nduring such attendance, is a school delinquent.\n  2. Special day schools. The school authorities of any city or school\ndistrict may establish schools or set apart rooms in public school\nbuildings for the instruction of school delinquents, and fix the number\nof days per week and the hours per day of required attendance, which\nshall not be less than is required of minors attending the full time day\nschools.\n  2-a. a. Violent pupil. For the purposes of this section, a violent\npupil is an elementary or secondary student under twenty-one years of\nage who:\n  (1) commits an act of violence upon a teacher, administrator or other\nschool employee;\n  (2) commits, while on school district property, an act of violence\nupon another student or any other person lawfully upon said property;\n  (3) possesses, while on school district property, a gun, knife,\nexplosive or incendiary bomb, or other dangerous instrument capable of\ncausing physical injury or death;\n  (4) displays, while on school district property, what appears to be a\ngun, knife, explosive or incendiary bomb or other dangerous instrument\ncapable of causing death or physical injury;\n  (5) threatens, while on school district property, to use any\ninstrument that appears capable of causing physical injury or death;\n  (6) knowingly and intentionally damages or destroys the personal\nproperty of a teacher, administrator, other school district employee or\nany person lawfully upon school district property; or\n  (7) knowingly and intentionally damages or destroys school district\nproperty.\n  b. Disruptive pupil. For the purposes of this section, a disruptive\npupil is an elementary or secondary student under twenty-one years of\nage who is substantially disruptive of the educational process or\nsubstantially interferes with the teacher's authority over the\nclassroom.\n  3. Suspension of a pupil. a. The board of education, board of trustees\nor sole trustee, the superintendent of schools, district superintendent\nof schools or principal of a school may suspend the following pupils\nfrom required attendance upon instruction:\n  A pupil who is insubordinate or disorderly or violent or disruptive,\nor whose conduct otherwise endangers the safety, morals, health or\nwelfare of others.\n  b. (1) The board of education, board of trustees, or sole trustee,\nsuperintendent of schools, district superintendent of schools and the\nprincipal of the school where the pupil attends shall have the power to\nsuspend a pupil for a period not to exceed five school days. In the case\nof such a suspension, the suspending authority shall provide the pupil\nwith notice of the charged misconduct. If the pupil denies the\nmisconduct, the suspending authority shall provide an explanation of the\nbasis for the suspension. The pupil and the person in parental relation\nto the pupil shall, on request, be given an opportunity for an informal\nconference with the principal at which the pupil and/or person in\nparental relation shall be authorized to present the pupil's version of\nthe event and to ask questions of the complaining witnesses. The\naforesaid notice and opportunity for an informal conference shall take\nplace prior to suspension of the pupil unless the pupil's presence in\nthe school poses a continuing danger to persons or property or an\nongoing threat of disruption to the academic process, in which case the\npupil's notice and opportunity for an informal conference shall take\nplace as soon after the suspension as is reasonably practicable.\n  (2) A teacher shall immediately report and refer a violent pupil to\nthe principal or superintendent for a violation of the code of conduct\nand a minimum suspension period pursuant to section twenty-eight hundred\none of this chapter.\n  c. * (1) No pupil may be suspended for a period in excess of five\nschool days unless such pupil and the person in parental relation to\nsuch pupil shall have had an opportunity for a fair hearing, upon\nreasonable notice, at which such pupil shall have the right of\nrepresentation by counsel, with the right to question witnesses against\nsuch pupil and to present witnesses and other evidence on his or her\nbehalf. Where the pupil is a student with a disability or a student\npresumed to have a disability, the provisions of paragraph g of this\nsubdivision shall also apply. Where a pupil has been suspended in\naccordance with this subparagraph by a superintendent of schools,\ndistrict superintendent of schools, or community superintendent, the\nsuperintendent shall personally hear and determine the proceeding or\nmay, in his or her discretion, designate a hearing officer to conduct\nthe hearing. The hearing officer shall be authorized to administer oaths\nand to issue subpoenas in conjunction with the proceeding before him or\nher. A record of the hearing shall be maintained, but no stenographic\ntranscript shall be required and a tape recording shall be deemed a\nsatisfactory record.  The hearing officer shall make findings of fact\nand recommendations as to the appropriate measure of discipline to the\nsuperintendent. The report of the hearing officer shall be advisory\nonly, and the superintendent may accept all or any part thereof. An\nappeal will lie from the decision of the superintendent to the board of\neducation who shall make its decision solely upon the record before it.\nThe board may adopt in whole or in part the decision of the\nsuperintendent of schools.  Where the basis for the suspension is, in\nwhole or in part, the possession on school grounds or school property by\nthe student of any firearm, rifle, shotgun, dagger, dangerous knife,\ndirk, razor, stiletto or any of the weapons, instruments or appliances\nspecified in subdivision one of section 265.01 of the penal law, the\nhearing officer or superintendent shall not be barred from considering\nthe admissibility of such weapon, instrument or appliance as evidence,\nnotwithstanding a determination by a court in a criminal or juvenile\ndelinquency proceeding that the recovery of such weapon, instrument or\nappliance was the result of an unlawful search or seizure.\n  * NB Effective until June 30, 2027\n  * (1) No pupil may be suspended for a period in excess of five school\ndays unless such pupil and the person in parental relation to such pupil\nshall have had an opportunity for a fair hearing, upon reasonable\nnotice, at which such pupil shall have the right of representation by\ncounsel, with the right to question witnesses against such pupil and to\npresent witnesses and other evidence on his behalf. Where a pupil has\nbeen suspended in accordance with this subdivision by a superintendent\nof schools, district superintendent of schools, or community\nsuperintendent, the superintendent shall personally hear and determine\nthe proceeding or may, in his discretion, designate a hearing officer to\nconduct the hearing. The hearing officer shall be authorized to\nadminister oaths and to issue subpoenas in conjunction with the\nproceeding before him. A record of the hearing shall be maintained, but\nno stenographic transcript shall be required and a tape recording shall\nbe deemed a satisfactory record. The hearing officer shall make findings\nof fact and recommendations as to the appropriate measure of discipline\nto the superintendent. The report of the hearing officer shall be\nadvisory only, and the superintendent may accept all or any part\nthereof. An appeal will lie from the decision of the superintendent to\nthe board of education who shall make its decision solely upon the\nrecord before it. The board may adopt in whole or in part the decision\nof the superintendent of schools. Where the basis for the suspension is,\nin whole or in part, the possession on school grounds or school property\nby the student of any firearm, rifle, shotgun, dagger, dangerous knife,\ndirk, razor, stiletto or any of the weapons, instruments or appliances\nspecified in subdivision one of section 265.01 of the penal law, the\nhearing officer or superintendent shall not be barred from considering\nthe admissibility of such weapon, instrument or appliance as evidence,\nnotwithstanding a determination by a court in a criminal or juvenile\ndelinquency proceeding that the recovery of such weapon, instrument or\nappliance was the result of an unlawful search or seizure.\n  * NB Effective June 30, 2027\n  (2) Where a pupil has been suspended in accordance with this section\nby a board of education, the board may in its discretion hear and\ndetermine the proceeding or appoint a hearing officer who shall have the\nsame powers and duties with respect to the board that a hearing officer\nhas with respect to a superintendent where the suspension was ordered by\nhim. The findings and recommendations of the hearing officer conducting\nthe proceeding shall be advisory and subject to final action by the\nboard of education, each member of which shall before voting review the\ntestimony and acquaint himself with the evidence in the case. The board\nmay reject, confirm or modify the conclusions of the hearing officer.\n  d. (1) Consistent with the federal gun-free schools act, any public\nschool pupil who is determined under this subdivision to have brought a\nfirearm to or possessed a firearm at a public school shall be suspended\nfor a period of not less than one calendar year and any nonpublic school\npupil participating in a program operated by a public school district\nusing funds from the elementary and secondary education act of nineteen\nhundred sixty-five who is determined under this subdivision to have\nbrought a firearm to or possessed a firearm at a public school or other\npremises used by the school district to provide such programs shall be\nsuspended for a period of not less than one calendar year from\nparticipation in such program. The procedures of this subdivision shall\napply to such a suspension of a nonpublic school pupil. A superintendent\nof schools, district superintendent of schools or community\nsuperintendent shall have the authority to modify this suspension\nrequirement for each student on a case-by-case basis. The determination\nof a superintendent shall be subject to review by the board of education\npursuant to paragraph c of this subdivision and the commissioner\npursuant to section three hundred ten of this chapter. Nothing in this\nsubdivision shall be deemed to authorize the suspension of a student\nwith a disability in violation of the individuals with disabilities\neducation act or article eighty-nine of this chapter. A superintendent\nshall refer the pupil under the age of sixteen who has been determined\nto have brought a weapon or firearm to school in violation of this\nsubdivision to a presentment agency for a juvenile delinquency\nproceeding consistent with article three of the family court act except\na student fourteen or fifteen years of age who qualifies for juvenile\noffender status under subdivision forty-two of section 1.20 of the\ncriminal procedure law. A superintendent shall refer any pupil sixteen\nyears of age or older or a student fourteen or fifteen years of age who\nqualifies for juvenile offender status under subdivision forty-two of\nsection 1.20 of the criminal procedure law, who has been determined to\nhave brought a weapon or firearm to school in violation of this\nsubdivision to the appropriate law enforcement officials.\n  (2) Nothing in this paragraph shall be deemed to mandate such action\nby a school district pursuant to subdivision one of this section where\nsuch weapon or firearm is possessed or brought to school with the\nwritten authorization of such educational institution in a manner\nauthorized by article two hundred sixty-five of the penal law for\nactivities approved and authorized by the trustees or board of education\nor other governing body of the public school and such governing body\nadopts appropriate safeguards to ensure student safety.\n  (3) As used in this paragraph:\n  (i) "firearm" shall mean a firearm as defined in subsection a of\nsection nine hundred twenty-one of title eighteen of the United States\nCode; and\n  (ii) "weapon" shall be as defined in paragraph 2 of subsection g of\nsection nine hundred thirty of title eighteen of the United States Code.\n  e. Procedure after suspension. Where a pupil has been suspended\npursuant to this subdivision and said pupil is of compulsory attendance\nage, immediate steps shall be taken for his or her attendance upon\ninstruction elsewhere or for supervision or detention of said pupil\npursuant to the provisions of article seven of the family court act.\nWhere a pupil has been suspended for cause, the suspension may be\nrevoked by the board of education whenever it appears to be for the best\ninterest of the school and the pupil to do so. The board of education\nmay also condition a student's early return to school and suspension\nrevocation on the pupil's voluntary participation in counseling or\nspecialized classes, including anger management or dispute resolution,\nwhere applicable.\n  f. Whenever the term "board of education or superintendent of schools"\nis used in this subdivision, it shall be deemed to include community\nboards of education and community superintendents governing community\ndistricts in accordance with the provisions of article fifty-two-A of\nthis chapter.\n  * g. Discipline of students with disabilities and students presumed to\nhave a disability for discipline purposes. (1) Notwithstanding any other\nprovision of this subdivision to the contrary, a student with a\ndisability as such term is defined in section forty-four hundred one of\nthis chapter and a student presumed to have a disability for discipline\npurposes, may be suspended or removed from his or her current\neducational placement for violation of school rules only in accordance\nwith the procedures established in this section, the regulations of the\ncommissioner implementing this paragraph, and subsection (k) of section\nfourteen hundred fifteen of title twenty of the United States code and\nthe federal regulations implementing such statute, as such federal law\nand regulations are from time to time amended. Nothing in this paragraph\nshall be construed to confer greater rights on such students than are\nconferred under applicable federal law and regulations, or to limit the\nability of a school district to change the educational placement of a\nstudent with a disability in accordance with the procedures in article\neighty-nine of this chapter.\n  (2) As used in this paragraph:\n  (1) a "student presumed to have a disability for discipline purposes"\nshall mean a student who the school district is deemed to have knowledge\nwas a student with a disability before the behavior that precipitated\ndisciplinary action under the criteria in subsection (k) (5) of section\nfourteen hundred fifteen of title twenty of the United States code and\nthe federal regulations implementing such statute; and\n  (ii) a "manifestation team" means a representative of the school\ndistrict, the parent or person in parental relation, and relevant\nmembers of the committee on special education, as determined by the\nparent or person in parental relation and the district.\n  (3) In applying the federal law consistent with this section:\n  (i) in the event of a conflict between the procedures established in\nthis section and those established in subsection (k) of section fourteen\nhundred fifteen of title twenty of the United States code and the\nfederal regulations implementing such statute, such federal statute and\nregulations shall govern.\n  (ii) the trustees or board of education of any school district, a\ndistrict superintendent of schools or a building principal shall have\nauthority to order the placement of a student with a disability into an\nappropriate interim alternative educational setting, another setting or\nsuspension for a period not to exceed five consecutive school days where\nsuch student is suspended pursuant to this subdivision and, except as\notherwise provided in clause (vi) of this subparagraph, the suspension\ndoes not result in a change in placement under federal law.\n  (iii) the superintendent of schools of a school district, either\ndirectly or upon recommendation of a hearing officer designated pursuant\nto paragraph c of this subdivision, may order the placement of a student\nwith a disability into an interim alternative educational setting,\nanother setting or suspension for up to ten consecutive school days,\ninclusive of any period in which the student is placed in an appropriate\ninterim alternative educational setting, another setting or suspension\npursuant to clause (ii) of this subparagraph for the behavior, where the\nsuperintendent determines in accordance with the procedures set forth in\nthis subdivision that the student has engaged in behavior that warrants\na suspension, and, except as otherwise provided in clause (vi) of this\nsubparagraph, the suspension does not result in a change in placement\nunder federal law.\n  (iv) the superintendent of schools of a school district, either\ndirectly or upon recommendation of a hearing officer designated pursuant\nto paragraph c of this subdivision, may order the change in placement of\na student with a disability to an interim alternative educational\nsetting for up to forty-five school days under the circumstances\nspecified in subsection (k)(1)(G) of section fourteen hundred fifteen of\ntitle twenty of the United States code and the federal regulations\nimplementing such statute or a longer period where authorized by federal\nlaw under the circumstances specified in subsection (k)(1)(C) of section\nfourteen hundred fifteen of title twenty of the United States code and\nthe federal regulations implementing such statute, but in neither case\nshall such period exceed the period of suspension ordered by a\nsuperintendent in accordance with this subdivision.\n  (v) the terms "day," "business day," and "school day" shall be as\ndefined in section 300.11 of title thirty-four of the code of federal\nregulations.\n  (vi) notwithstanding any other provision of this subdivision to the\ncontrary, upon a determination by a manifestation team that the behavior\nof a student with a disability was not a manifestation of the student's\ndisability, such student may be disciplined pursuant to this section in\nthe same manner and for the same duration as a nondisabled student,\nexcept that such student shall continue to receive services to the\nextent required under federal law and regulations, and such services may\nbe provided in an interim alternative educational setting.\n  (vii) an impartial hearing officer appointed pursuant to subdivision\none of section forty-four hundred four of this chapter may order a\nchange in placement of a student with a disability to an appropriate\ninterim alternative educational setting for not more than forty-five\nschool days under the circumstances specified in subsections (k)(3) and\n(k)(4) of section fourteen hundred fifteen of title twenty of the United\nStates code and the federal regulations implementing such statutes,\nprovided that such procedure may be repeated, as necessary.\n  (viii) nothing in this section shall be construed to authorize the\nsuspension or removal of a student with a disability from his or her\ncurrent educational placement for violation of school rules following a\ndetermination by a manifestation team that the behavior is a\nmanifestation of the student's disability, except as authorized under\nfederal law and regulations.\n  (ix) the commissioner shall implement this paragraph by adopting\nregulations which coordinate the procedures required for discipline of\nstudents with disabilities, and students presumed to have a disability\nfor discipline purposes, pursuant to subsection (k) of section fourteen\nhundred fifteen of title twenty of the United States code and the\nfederal regulations implementing such statute, with the general\nprocedures for student discipline under this section.\n  * NB Effective until June 30, 2027\n  * g. Discipline of students with disabilities and students presumed to\nhave a disability for discipline purposes. (1) Notwithstanding any other\nprovision of this subdivision to the contrary, a student with a\ndisability as such term is defined in section forty-four hundred one of\nthis chapter and a student presumed to have a disability for discipline\npurposes, may be suspended or removed from his or her current\neducational placement for violation of school rules only in accordance\nwith the procedures established in this section, the regulations of the\ncommissioner implementing this paragraph, and subsection (k) of section\nfourteen hundred fifteen of title twenty of the United States code and\nthe federal regulations implementing such statute, as such federal law\nand regulations are from time to time amended. Nothing in this paragraph\nshall be construed to confer greater rights on such students than are\nconferred under applicable federal law and regulations, or to limit the\nability of a school district to change the educational placement of a\nstudent with a disability in accordance with the procedures in article\neighty-nine of this chapter.\n  (2) As used in this paragraph, a "student presumed to have a\ndisability for discipline purposes" shall mean a student who the school\ndistrict is deemed to have knowledge was a student with a disability\nbefore the behavior that precipitated disciplinary action under the\ncriteria in subsection (k)(8) of section fourteen hundred fifteen of\ntitle twenty of the United States code and the federal regulations\nimplementing such statute.\n  (3) In applying the federal law consistent with this section:\n  (i) in the event of a conflict between the procedures established in\nthis section and those established in subsection (k) of section fourteen\nhundred fifteen of title twenty of the United States code and the\nfederal regulations implementing such statute, such federal statute and\nregulations shall govern.\n  (ii) the trustees or board of education of any school district, a\ndistrict superintendent of schools or a building principal shall have\nauthority to order the placement of a student with a disability into an\nappropriate interim alternative educational setting, another setting or\nsuspension for a period not to exceed five consecutive school days where\nsuch student is suspended pursuant to this subdivision and, except as\notherwise provided in clause (vi) of this subparagraph, the suspension\ndoes not result in a change in placement under federal law.\n  (iii) the superintendent of schools of a school district, either\ndirectly or upon recommendation of a hearing officer designated pursuant\nto paragraph c of this subdivision, may order the placement of a student\nwith a disability into an interim alternative educational setting,\nanother setting or suspension for up to ten consecutive school days,\ninclusive of any period in which the student is placed in an appropriate\ninterim alternative educational placement, another setting or suspension\npursuant to clause (ii) of this subparagraph for the behavior, where the\nsuperintendent determines in accordance with the procedures set forth in\nthis subdivision that the student has engaged in behavior that warrants\na suspension, and, except as otherwise provided in clause (vi) of this\nsubparagraph, the suspension does not result in a change in placement\nunder federal law.\n  (iv) the superintendent of schools of a school district, either\ndirectly or upon recommendation of a hearing officer designated pursuant\nto paragraph c of this subdivision, may order the change in placement of\na student with a disability to an interim alternative educational\nsetting for up to forty-five days, but not to exceed the period of\nsuspension ordered by a superintendent in accordance with this\nsubdivision, under the circumstances specified in subsection (k)(1) of\nsection fourteen hundred fifteen of title twenty of the United States\ncode and the federal regulations implementing such statute.\n  (v) the terms "day," "business day," and "school day" shall be as\ndefined in section 300.9 of title thirty-four of the code of federal\nregulations.\n  (vi) notwithstanding any other provision of this subdivision to the\ncontrary, upon a determination by the committee on special education\nthat the behavior of a student with a disability was not a manifestation\nof the student's disability, such student may be disciplined pursuant to\nthis section in the same manner as a nondisabled student, except that\nsuch student shall continue to receive services to the extent required\nunder federal law and regulations.\n  (vii) an impartial hearing officer appointed pursuant to subdivision\none of section forty-four hundred four of this chapter may order a\nchange in placement of a student with a disability to an appropriate\ninterim alternative educational setting for not more than forty-five\ndays under the circumstances specified in subsections (k)(2) and (k)(7)\nof section fourteen hundred fifteen of title twenty of the United States\ncode and the federal regulations implementing such statutes, provided\nthat such procedure may be repeated, as necessary.\n  (viii) nothing in this section shall be construed to authorize the\nsuspension or removal of a student with a disability from his or her\ncurrent educational placement for violation of school rules following a\ndetermination by the committee on special education that the behavior is\na manifestation of the student's disability, except as authorized under\nfederal law and regulations.\n  (ix) the commissioner shall implement this paragraph by adopting\nregulations which coordinate the procedures required for discipline of\nstudents with disabilities, and students presumed to have a disability\nfor discipline purposes, pursuant to subsection (k) of section fourteen\nhundred fifteen of title twenty of the United States code and the\nfederal regulations implementing such statute, with the general\nprocedures for student discipline under this section.\n  * NB Effective June 30, 2027\n  3-a. Teacher removal of a disruptive pupil. In addition, any teacher\nshall have the power and authority to remove a disruptive pupil, as\ndefined in subdivision two-a of this section, from such teacher's\nclassroom consistent with discipline measures contained in the code of\nconduct adopted by the board pursuant to section twenty-eight hundred\none of this chapter. The school authorities of any school district shall\nestablish policies and procedures to ensure the provision of continued\neducational programming and activities for students removed from the\nclassroom pursuant to this subdivision and provided further that nothing\nin this subdivision shall authorize the removal of a pupil in violation\nof any state or federal law or regulation. No pupil shall return to the\nclassroom until the principal makes a final determination pursuant to\nparagraph c of this subdivision, or the period of removal expires,\nwhichever is less.\n  a. Such teacher shall inform the pupil and the school principal of the\nreasons for the removal. If the teacher finds that the pupil's continued\npresence in the classroom does not pose a continuing danger to persons\nor property and does not present an ongoing threat of disruption to the\nacademic process, the teacher shall, prior to removing the student from\nthe classroom, provide the student with an explanation of the basis for\nthe removal and allow the pupil to informally present the pupil's\nversion of relevant events. In all other cases, the teacher shall\nprovide the pupil with an explanation of the basis for the removal and\nan informal opportunity to be heard within twenty-four hours of the\npupil's removal, provided that if such twenty-four hour period does not\nend on a school day, it shall be extended to the corresponding time on\nthe next school day.\n  b. The principal shall inform the person in parental relation to such\npupil of the removal and the reasons therefor within twenty-four hours\nof the pupil's removal, provided that if such twenty-four hour period\ndoes not end on a school day, it shall be extended to the corresponding\ntime on the next school day. The pupil and the person in parental\nrelation shall, upon request, be given an opportunity for an informal\nconference with the principal to discuss the reasons for the removal. If\nthe pupil denies the charges, the principal shall provide an explanation\nof the basis for the removal and allow the pupil and/or person in\nparental relation to the pupil an opportunity to present the pupil's\nversion of relevant events. Such informal hearing shall be held within\nforty-eight hours of the pupil's removal, provided that if such\nforty-eight hour period does not end on a school day, it shall be\nextended to the corresponding time on the second school day next\nfollowing the pupil's removal. For purposes of this subdivision, "school\nday" shall mean a school day as defined pursuant to clause (v) of\nsubparagraph three of paragraph g of subdivision three of this section.\n  c. The principal shall not set aside the discipline imposed by the\nteacher unless the principal finds that the charges against the pupil\nare not supported by substantial evidence or that the pupil's removal is\notherwise in violation of law or that the conduct warrants suspension\nfrom school pursuant to this section and a suspension will be imposed.\nThe principal's determination made pursuant to this paragraph shall be\nmade by the close of business on the school day next succeeding the end\nof the forty-eight hour period for an informal hearing contained in\nparagraph b of this subdivision.\n  d. The principal may, in his or her discretion, designate a school\ndistrict administrator, to carry out the functions required of the\nprincipal under this subdivision.\n  4. Expense. a. The expense attending the commitment and costs of\nmaintenance of any school delinquent shall be a charge against the city\nor district where he resides, if such city or district employs a\nsuperintendent of schools; otherwise it shall be a county charge.\n  b. The school authorities may institute proceedings before a court\nhaving jurisdiction to determine the liability of a person in parental\nrelation to contribute towards the maintenance of a school delinquent\nunder sixteen years of age ordered to attend upon instruction under\nconfinement. If the court shall find the person in parental relation\nable to contribute towards the maintenance of such a minor, it may issue\nan order fixing the amount to be paid weekly.\n  5. Involuntary transfers of pupils who have not been determined to be\na student with a disability or a student presumed to have a disability\nfor discipline purposes.\n  a. The board of education, board of trustees or sole trustee, the\nsuperintendent of schools, or district superintendent of schools may\ntransfer a pupil who has not been determined to be a student with a\ndisability as defined in section forty-four hundred one of this chapter,\nor a student presumed to have a disability for discipline purposes as\ndefined in paragraph g of subdivision three of this section from regular\nclassroom instruction to an appropriate educational setting in another\nschool upon the written recommendation of the school principal and\nfollowing independent review thereof. For purposes of this section of\nthe law, "involuntary transfer" does not include a transfer made by a\nschool district as part of a plan to reduce racial imbalance within the\nschools or as a change in school attendance zones or geographical\nboundaries.\n  b. A school principal may initiate a non-requested transfer where it\nis believed that such a pupil would benefit from the transfer, or when\nthe pupil would receive an adequate and appropriate education in another\nschool program or facility.\n  No recommendation for pupil transfer shall be initiated by the\nprincipal until such pupil and a person in parental relation has been\nsent written notification of the consideration of transfer\nrecommendation. Such notice shall set a time and place of an informal\nconference with the principal and shall inform such person in parental\nrelation and such pupil of their right to be accompanied by counsel or\nan individual of their choice.\n  c. After the conference and if the principal concludes that the pupil\nwould benefit from a transfer or that the pupil would receive an\nadequate and appropriate education in another school program or\nfacility, the principal may issue a recommendation of transfer to the\nsuperintendent. Such recommendation shall include a description of\nbehavior and/or academic problems indicative of the need for transfer; a\ndescription of alternatives explored and prior action taken to resolve\nthe problem. A copy of that letter shall be sent to the person in\nparental relation and to the pupil.\n  d. Upon receipt of the principal's recommendation for transfer and a\ndetermination to consider that recommendation, the superintendent shall\nnotify the person in parental relation and the pupil of the proposed\ntransfer and of their right to a fair hearing as provided in paragraph c\nof subdivision three of this section and shall list community agencies\nand free legal assistance which may be of assistance. The written notice\nshall include a statement that the pupil or person in parental relation\nhas ten days to request a hearing and that the proposed transfer shall\nnot take effect, except upon written parental consent, until the ten day\nperiod has elapsed, or, if a fair hearing is requested, until after a\nformal decision following the hearing is rendered, whichever is later.\n  Parental consent to a transfer shall not constitute a waiver of the\nright to a fair hearing.\n  6. Transfer of a pupil. Where a suspended pupil is to be transferred\npursuant to subdivision five of this section, he or she shall remain on\nthe register of the original school for two school days following\ntransmittal of his or her records to the school to which he or she is to\nbe transferred. The receiving school shall immediately upon receiving\nthose records transmitted by the original school, review them to insure\nproper placement of the pupil. Staff members who are involved in the\npupil's education must be provided with pertinent records and\ninformation relating to the background and problems of the pupil before\nthe pupil is placed in a classroom.\n  7. Transfer of disciplinary records. Notwithstanding any other\nprovision of law to the contrary, each local educational agency, as such\nterm is defined in subsection thirty of section eighty-one hundred one\nof the Elementary and Secondary Education Act of 1965, as amended, shall\nestablish procedures in accordance with section eighty-five hundred\nthirty-seven of the Elementary and Secondary Education Act of 1965, as\namended, and the Family Educational Rights and Privacy Act of 1974, to\nfacilitate the transfer of disciplinary records relating to the\nsuspension or expulsion of a student to any public or nonpublic\nelementary or secondary school in which such student enrolls or seeks,\nintends or is instructed to enroll, on a full-time or part-time basis.\n
N.Y. SOS Law § 177 — New York Code / Act SOS / Article 5 / Title 4 / Section 177
Care in public homes; consent of veteran or other eligible persons
Status: in_force

§ 177. Care in public homes; consent of veteran or other eligible\npersons. Any person eligible for veteran assistance may receive care in\na public home with his consent.\n
N.Y. EDN Law § 3028-B — New York Code / Act EDN / Title 4 / Article 61 / Section 3028-B
Notification of teachers' duty to provide information and immunity from liability
Status: in_force

§ 3028-b. Notification of teachers' duty to provide information and\nimmunity from liability. Each school shall annually provide to each\nteacher and all other school officials a written explanation concerning\nthe reporting of pupil drug abuse, child abuse, and child abuse in an\neducational setting including the immunity provisions of section three\nthousand twenty-eight-a of this article and section eleven hundred\ntwenty-six of this chapter and sections four hundred thirteen and four\nhundred nineteen of the social services law. The commissioner, with the\nassistance and cooperation of the commissioner of children and family\nservices and the commissioner of criminal justice services, shall\nfurnish each school district with the required information. Such\ninformation shall be updated by the commissioner at least once each\nschool year.\n
N.Y. EDN Law § 3225 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3225
Special employment certificate
Status: in_force

* § 3225. Special employment certificate.  1. A special employment\ncertificate may be issued to a minor fifteen years of age, found to be\nincapable of profiting by further instruction available upon compliance\nwith the same requirements as in the case of a full-time employment\ncertificate.\n  2. The fact that a minor is incapable of profiting from further\ninstruction available shall be determined in accordance with the\nprovisions of section thirty-two hundred eight of this article and the\nregulations of the commissioner of education.\n  3. A special employment certificate shall not authorize the employment\nof a minor in or in connection with or for a factory.\n  * NB Repealed May 9, 2027\n
N.Y. EDN Law § 3031 — New York Code / Act EDN / Title 4 / Article 61 / Section 3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
Status: in_force

§ 3031. Procedure when tenure not to be granted at conclusion of\nprobationary period or when services to be discontinued. Notwithstanding\nany other provision of this chapter: (a) boards of education, trustees\nof common school districts and boards of cooperative educational\nservices shall review all recommendations not to appoint a person on\ntenure, and, teachers, administrators and supervisors employed on\nprobation by any school district or by any board of cooperative\neducational services, as to whom a recommendation is to be made that\nappointment on tenure not be granted or that their services be\ndiscontinued shall, at least thirty days prior to the board meeting at\nwhich such recommendation is to be considered, be notified of such\nintended recommendation and the date of the board meeting at which it is\nto be considered. Such teacher, administrator and supervisor may, not\nlater than twenty-one days prior to such meeting, request in writing\nthat he be furnished with a written statement giving the reasons for\nsuch recommendation and within seven days thereafter such written\nstatement shall be furnished. Such teacher, administrator and supervisor\nmay file a written response to such statement with the district clerk\nnot later than seven days prior to the date of the board meeting.\n  (b) Where a board of education, trustees of a common school district,\nor board of cooperative educational services votes to reject the\nrecommendation of a superintendent of schools, district superintendent\nor district principal to grant tenure to any teacher, administrator and\nsupervisor employed on probation, such vote shall be considered advisory\nand at least thirty days prior to the board meeting at which such\nrecommendation is to be finally considered, the board shall notify said\nteacher, administrator and supervisor of its intention to deny tenure\nand the date of the board meeting at which it will take final action.\nSuch teacher, administrator and supervisor may, not later than\ntwenty-one days prior to such meeting, request in writing that he be\nfurnished with a written statement giving the board's reasons for such\nintended action and within seven days thereafter such written statement\nshould be furnished. Such teacher, administrator and supervisor may file\na written response to such statement with the district clerk not later\nthan seven days prior to the date of the board meeting.\n  (c) This section shall not be construed as modifying existing law with\nrespect to the rights of probationary teachers or the powers and duties\nof boards of education, trustees of common school districts or boards of\ncooperative educational services, with respect to the discontinuance of\nservices of teachers, administrators and supervisors or appointments on\ntenure of teachers, administrators and supervisors.\n
N.Y. PBH Law § 3339 — New York Code / Act PBH / Article 33 / Title 4 / Section 3339
Refilling of prescriptions for controlled substances
Status: in_force

§ 3339. Refilling of prescriptions for controlled substances. 1.\nPrescriptions for a schedule II controlled substance and those schedule\nIII or schedule IV controlled substances which the commissioner may\nrequire by regulation may not be refilled.\n  2. A prescription, except for a schedule II controlled substance or\nthose schedule III or schedule IV controlled substances which the\ncommissioner may require by regulation may be refilled not more than the\nnumber of times specifically authorized by the prescriber upon the\nprescription, provided however no such authorization shall be effective\nfor a period greater than six months from the date the prescription is\nsigned. In the event that the prescription authorizes the dispensing of\nmore than a thirty day supply of schedule III, schedule IV or schedule V\nsubstances pursuant to regulations of the commissioner enumerating\nconditions warranting specified greater supplies, the prescription may\nbe refilled only once.\n  3. Unless an earlier refilling is authorized by the prescriber, no\nprescription for a controlled substance may be refilled earlier than\nseven days prior to the date the previously dispensed supply would be\nexhausted if used in conformity with the directions for use.\n
N.Y. PBH Law § 4663*2 — New York Code / Act PBH / Article 46-B / Title 4 / Section 4663*2
Penalties and enforcement
Status: in_force

* § 4663. Penalties and enforcement. Any person who violates any\nprovision of this article or any rule or regulation promulgated by the\ndepartment, or the terms or conditions of any order or permit issued by\nthe department pursuant to this article, shall be subject to the maximum\npenalties which may be levied against a licensed adult care facility.\n  * NB There are 2 § 4663's\n
N.Y. PBA Law § 3056 — New York Code / Act PBA / Article 10 / Title 4 / Section 3056
Payments to the corporation; funds of the corporation
Status: in_force

§ 3056. Payments to the corporation; funds of the corporation.  1. Not\nless than one hundred twenty days before the beginning of each fiscal\nyear of the corporation (but not later than October first, nineteen\nhundred ninety-five for the fiscal year ending December thirty-first,\nnineteen hundred ninety-five), the chairman of the board of directors of\nthe corporation shall certify to the state comptroller and to the\ngovernor a schedule setting forth the cash requirements of the\ncorporation for such fiscal year and the time or times when such cash is\nrequired. The total amount so certified by such chairman for such fiscal\nyear shall be equal to: (i) the amounts required to be deposited in the\ndebt service fund of the corporation to pay all interest and all\npayments of principal and redemption premium, if any, on bonds and notes\npayable from the sources hereinafter identified in this section and\nmaturing or otherwise coming due during such fiscal year; (ii) the\namounts required to be deposited in the operating fund of the\ncorporation, as determined by the corporation, to meet the operating\nrequirements and other expenses of the corporation during such fiscal\nyear to the extent not otherwise provided for; (iii) the amounts\nrequired to be deposited in the bond reserve fund created and\nestablished pursuant to the agreements of the corporation made with the\nholders of its bonds or notes issued pursuant to section three thousand\nfifty-three of this title during such fiscal year in order to maintain\nthe bond reserve fund level required in accordance with the agreements\nof the corporation made with the holders of its bonds or notes issued\npursuant to section three thousand fifty-three of this title; (iv) the\namount, if any, due to any provider of any bond or note facility,\nrepresenting payments made by it as provided in the applicable\nresolution or trust indenture, including any related reasonable\ninterest, fees or charges so provided; (v) the amount, if any, required\nto be rebated to the United States to provide for continued federal tax\nexemption for bonds and notes of the corporation; and (vi) the amount,\nif any, required to be paid to the commissioner of environmental\nconservation to secure obligations of the city related to post-closure\ncare and potential corrective measures of the city's landfill. Such\ncertification shall also set forth the amount which would be necessary\nto be appropriated and available for deposit into the special account\nestablished for the corporation under subdivision one of section\nninety-two-e of the state finance law in the next succeeding state\nfiscal year to provide a minimum coverage ratio of one and one-half to\none on the debt service payable by the corporation in such succeeding\nfiscal year; provided, however, that for the purposes of the foregoing\ncalculation the term "debt service payable" shall include redemption\npremiums and the reasonably estimated amount of debt service on bonds\nand notes the corporation expects to issue after the date of the\ncertification and prior to the close of such succeeding fiscal year, and\nshall also include the interest on but not the principal of any notes\nissued or expected to be issued by the corporation pursuant to\nsubdivision two-a of section three thousand fifty-three of this title.\nIn determining the amount certified as necessary to provide the minimum\ncoverage ratio described in the preceding sentence, the chairman shall\nmake estimates covering the period corresponding to the next succeeding\nstate fiscal year of (a) the moneys available from other sources and\npledged to the payment of debt service in accordance with any agreements\nbetween the corporation and the holders of its bonds or notes, (b) the\namount of investment earnings on funds held by the corporation that the\ncorporation will apply to the payment of debt service, and (c) the\nfunding needed to meet the operating requirements and other expenses of\nthe corporation. If any increase shall occur in such cash requirements\nspecified above, or if payments are required at a time or times earlier\nthan previously certified or if the city shall, for any reason, fail to\nmake timely payment of the principal and accrued interest due on any\nobligation issued by the city to the corporation and maturing within the\nsame fiscal year, or if the city shall fail to make timely payment of\nany amount due and owing from the city to the corporation under any\ncontract or agreement between the city and the corporation, such\nchairman shall certify a revised schedule of such additional cash\nrequirements for such fiscal year to the state comptroller and to the\ngovernor. Such chairman shall, as changed conditions or estimates may\nwarrant, certify to the state comptroller and to the governor as to a\nrevised amount which would be necessary to be appropriated and available\nfor deposit into the corporation's special account under subdivision one\nof section ninety-two-e of the state finance law in order to maintain\nthe minimum coverage ratio described above provided, however, that no\nsuch revised certification shall be made after the adoption by the\nlegislature of a budget for the state fiscal year to which the\ncertification pertains. The schedule accompanying each certification, or\nrevision thereof, shall provide for such payment dates as the\ncorporation deems appropriate to assure that sufficient funds will be\navailable from the sources identified below to enable it to meet its\ncurrent obligations under this section as they come due. Upon receipt of\nsuch certification, or any revision thereof, the state comptroller shall\npay such amount to the corporation for deposit in the appropriate funds\nreferred to in this section, in accordance with such certification and\nsubject to agreements with holders of outstanding bonds and notes of the\ncorporation, from the special account established for the corporation in\nthe municipal assistance state aid fund in accordance with subdivision\none of section ninety-two-e of the state finance law subject, however,\nto the provisions of paragraph (b) of subdivision five-a of such\nsection, and from the special account established for the corporation in\nthe municipal assistance tax fund in accordance with subdivision one of\nsection ninety-two-d of the state finance law. Any such payment shall be\nmade within thirty days of receipt of the certification or at the time\nspecified in the certification, whichever is later; provided that any\nsuch amounts shall have been first appropriated by the state for such\npurpose or shall have been otherwise made available. Any amount paid to\nthe corporation from such municipal assistance state aid fund shall be\ndeducted from the amount otherwise payable to the city pursuant to\nsections fifty-four and ninety-two-e of the state finance law and,\nexcept as to amounts paid to the corporation pursuant to paragraph (b)\nof subdivision five-a of section ninety-two-e of the state finance law,\nshall not obligate the state to make, nor entitle the city to receive,\nany additional payments. Any amount so paid to the corporation from the\nmunicipal assistance tax fund shall be deducted from the amount\notherwise payable to the city from the municipal assistance tax fund and\nshall not obligate the state to make, nor entitle the city to receive,\nany additional payments from such municipal assistance tax fund. The\ncity shall pay to the corporation such additional payments as may be\nnecessary to fund items (i), (ii), (iii), (iv), (v) and (vi) of this\nsubdivision.\n  2. Nothing contained in this title shall be deemed to restrict the\nright of the state to amend, repeal, modify or otherwise alter sections\nfifty-four and ninety-two-e of the state finance law or section twenty\nof a chapter of the laws of nineteen hundred ninety-six entitled "AN ACT\nto amend chapter 721 of the laws of 1994 authorizing the city of Troy to\nissue serial bonds for the purpose of liquidating cumulative and\nprojected deficits in the city's general fund, establishing a\nsupervisory board, and establishing a debt service fund, in relation to\ngranting a lien to the county of Rensselaer relating to certain taxes\ncollected on behalf of such county by the city of Troy" which chapter\nadded a new paragraph (b) to subdivision five-a of section ninety-two-e\nof the state finance law. The corporation shall not include within any\nresolution, contract or agreement with holders of the bonds or notes\nissued under this title any provision which provides that a default\noccurs as a result of the state exercising its right to amend, repeal,\nmodify or otherwise alter sections fifty-four and ninety-two-e of the\nstate finance law or the above described section twenty of such chapter\nof the laws of nineteen hundred ninety-six.\n  3. The corporation shall create a bond reserve fund, a debt service\nfund and an operating fund and may create and establish such other fund\nor funds as may be necessary or desirable for its corporate purposes.\n  4. The fiscal year of the corporation shall be the same as the fiscal\nyear of the city.\n
N.Y. VAT Law § 409 — New York Code / Act VAT / Title 4 / Article 14-B / Section 409
Notice of withdrawal
Status: in_force

§ 409. Notice of withdrawal. Unless otherwise provided in any statute\nwithdrawing this state from participation in the agreement, the governor\nshall be the officer to give notice of withdrawal therefrom.\n
N.Y. PBA Law § 1679-A — New York Code / Act PBA / Article 8 / Title 4 / Section 1679-A
Health education assistance loan financing program
Status: in_force

§ 1679-a. Health education assistance loan financing program. 1. The\npurpose of the health education assistance loan financing program,\nhereafter referred to as the HEAL loan financing program, is to make\navailable to students attending public and independent institutions for\nhigher education financial assistance beyond the grants and loans\navailable from state, federal and private sources, other than\nsupplemental higher education loans pursuant to section sixteen hundred\nseventy-nine of this chapter, where such students demonstrate remaining\nfinancial need. Such program is created to encourage the participation\nof HEAL eligible institutions in conjunction with, but not in\nsubstitution for, the participation of financial or credit institutions\nin increasing the availability of HEAL loans to all eligible students.\nThe authority and institutions for higher education participating in\nsuch program shall to the extent practicable ensure that borrowers of\nsuch loans include individuals who are underrepresented or unrepresented\nin the health professions.\n  2. In furtherance of its powers under this title with respect to the\nHEAL loan financing program, the authority is authorized:\n  (a) to receive and accept from any source loans, contributions or\ngrants for or in aid of the HEAL loan financing program or any portion\nthereof and, when desirable, to use such funds, property or labor only\nfor the purposes for which it was loaned, contributed or granted;\n  (b) to make HEAL direct loans to students attending, and HEAL\neducation loans to participating independent institutions for higher\neducation, and require that the proceeds of HEAL education loans be used\nfor making HEAL student loans, funding reserves, providing for\ncapitalized interest and paying other costs and fees involved in making\nHEAL student loans or issuing bonds; and\n  (c) to purchase HEAL student loans solely from participating\nindependent institutions for higher education under terms and conditions\nwhich require that such loans were originated after the effective date\nof this section in contemplation of participation by such institutions\nfor higher education in the HEAL loan financing program of the authority\nauthorized by this section and in anticipation of the purchase of such\nloans by the authority, provided, however, that prior to the sale of\nbonds any portion of the proceeds of which shall be used for the\npurchase, acquisition or taking by assignment or otherwise of HEAL\nstudent loans, the authority shall by resolution adopt specific\nguidelines setting forth the terms and conditions upon which such\npurchases, acquisitions and taking by assignment or otherwise shall be\nmade. No such resolution shall be adopted until at least forty-five days\nafter the delivery of a copy of such proposed guidelines to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly for comment.\n  (d) to sell HEAL direct loans, HEAL education loans and HEAL student\nloans purchased, acquired or taken by assignment or otherwise by the\nauthority to the extent necessary to assure the marketability of and\nadequacy of the security for the bonds of the authority.\n  3. The authority shall adopt guidelines, subject to review by the\nadvisory committee, created pursuant to subdivision ten of section\nsixteen hundred seventy-nine of this chapter, and consistent with\nfederal law and regulations to the extent applicable, which shall\ninclude but not be limited to: (a) eligibility criteria for making HEAL\neducation loans and HEAL direct loans; (b) limitations upon the\nprincipal amounts and the terms of HEAL education loans and HEAL direct\nloans; (c) qualifications and characteristics of borrowers; and (d)\nprocedures for allocating HEAL education loans among independent\ninstitutions and for allocating direct loans among students attending\npublic institutions. Such guidelines shall also include such eligibility\nstandards for borrowers as the authority shall determine are necessary\nor desirable in order to effectuate the purposes of this section\nincluding the following: (a) each student shall have a certificate of\nenrollment or acceptance for enrollment at a specific participating\ninstitution for higher education; (b) each student shall satisfy such\nfinancial qualifications as the authority shall establish to effectuate\nthe purposes of this section; and (c) each student shall submit such\ninformation as may be required by the authority to his or her\ninstitution for higher education. Such guidelines shall also establish\nspecific criteria governing the making of HEAL direct loans, HEAL\neducation loans and HEAL student loans, provisions for default, the\nestablishment of default reserve funds, the purchase of default\ninsurance, the provision of debt service reserve funds and the\nfurnishing by the participating independent institutions for higher\neducation of such additional guarantees of, and security with respect\nto, HEAL education loans, HEAL student loans or the bonds as the\nauthority shall determine, all of such criteria to be established to\nassure the marketability of the bonds and the adequacy of the security\nfor the bonds to finance fully federally insured HEAL direct loans, HEAL\neducation loans, and HEAL student loans.\n  4. The authority shall contract with financial institutions, the New\nYork state higher education services corporation established by the\nprovisions of section six hundred fifty-two of the education law or\nother qualified loan origination and servicing organizations, which may\nassist in pre-qualifying borrowers for HEAL student loans and HEAL\ndirect loans and which may service and administer each HEAL student loan\nand HEAL direct loan and each institution's respective HEAL loan series\nportfolio.\n  5. The maximum amount of a HEAL student loan or HEAL direct loan shall\nnot exceed the student's cost of attendance for the period of time for\nwhich the loan is made, minus the following amounts applicable to such\nperiod of time:\n  (a) the maximum net loan proceeds which the student receives, or will\nreceive, under the guaranteed student loan program as defined under (i)\ntitle IV, part B, of the "Higher Education Act of 1965", as now or\nhereafter amended, and (ii) the regulations implementing such program\npromulgated at 34 Code of Federal Regulations, part 682, as now or\nhereafter amended;\n  (b) the maximum net loan proceeds which the student's parents receive,\nor will receive, under the parent loan to undergraduate students program\nas defined under (i) title IV, part B, of the "Higher Education Act of\n1965", as now or hereafter amended, and (ii) the regulations\nimplementing such program promulgated at 34 Code of Federal Regulations,\npart 683, as now or hereafter amended;\n  (c) the maximum net loan proceeds which the student receives, or will\nreceive, under the auxiliary loan to assist students program as defined\nunder (i) title IV, part B, of the "Higher Education Act of 1965", as\nnow or hereafter amended, and (ii) the regulations implementing such\nprogram promulgated at 34 Code of Federal Regulations, part 683, as now\nor hereafter amended;\n  (d) the amount of scholarships, grants or other nonrepayable\nassistance received from government agencies, educational institutions\nor private institutions or organizations.\n  6. Notwithstanding any other provisions contained in this title, but\npursuant to guidelines, the authority may commingle and pledge as\nsecurity for a series or issue of bonds, with the consent of all of the\ninstitutions for higher education which are participating in such series\nor issue, the HEAL student loan series portfolios and some or all future\nHEAL student loan series portfolios of such institutions for higher\neducation provided that HEAL student loan series portfolios and other\nsecurity and moneys set aside in any fund or funds pledged for any\nseries of bonds or issue of bonds shall be held for the sole benefit of\nsuch series or issue separate and apart from HEAL student loan series\nportfolios and other security and moneys pledged for any other series or\nissue of bonds of the authority, and provided further that in no event\nshall HEAL student loan series portfolios be commingled with student\nloan series portfolios comprised of student loans made pursuant to the\nsupplemental higher education loan financing program authorized by\nsection sixteen hundred seventy-nine of this act or with any other loan\nportfolio. Bonds may be issued in series under one or more resolutions\nin the discretion of the authority.\n  7. The authority shall require that HEAL education loans be used\nsolely to make HEAL student loans and that HEAL direct loans be used\nsolely for the purpose of financing the cost of attendance at public\ninstitutions for higher education. The authority shall require that\nindependent institutions for higher education shall require that each\nborrower under a HEAL student loan shall use the proceeds solely for\nsuch cost of attendance and that each such borrower shall so certify.\n  8. Any student otherwise eligible for a HEAL student loan or for a\nHEAL direct loan shall not be disqualified by reason of his or her being\nunder the age of eighteen years and, for the purposes of applying for,\nreceiving and repaying such a loan, any such student shall be deemed to\nhave full legal capacity to act; provided, however, that the signatures\nof one parent of an unemancipated applicant shall be required for the\npurpose of receiving such a loan unless the authority determines in\naccordance with guidelines established by the board of the authority\nthat unusual family circumstances preclude the availability of such\nsignature.\n  9. The authority may charge to and apportion among participating\ninstitutions of higher education and students its administrative and\noperating costs and expenses incurred in the exercise of the powers and\nduties conferred by this section.\n  10. Bonds issued by the authority for the HEAL loan financing program\nshall be within the two hundred million dollar limitation set forth in\nparagraph (c) of subdivision two of section sixteen hundred seventy-nine\nof this chapter and each such issuance shall be subject to the approval\nof the public authorities control board.\n  11. The authority shall report annually to the governor and the\nlegislature on or before February first concerning its findings,\nconclusions and recommendations with respect to the operation of the\nprograms provided for in this section.\n
N.Y. VAT Law § 499-B — New York Code / Act VAT / Title 4 / Article 17-C / Section 499-B
Collection of supplemental fee
Status: in_force

§ 499-b. Collection of supplemental fee. All registrants of motor\nvehicles who reside in the metropolitan commuter transportation district\nshall pay to the commissioner or his or her agent the supplemental\nregistration fee provided for in this article upon registration or\nrenewal of motor vehicles subject to registration fees pursuant to the\nfollowing sections of this chapter: paragraph a of subdivision six of\nsection four hundred one; schedules A, B, C, E, F, G, I and K of\nsubdivision seven of section four hundred one; paragraph a of\nsubdivision eight of section four hundred one; paragraph a of\nsubdivision five of section four hundred ten; and section four hundred\neleven-b.\n
N.Y. RSS Law § 31-F — New York Code / Act RSS / Article 2 / Title 4 / Section 31-F
Participation by the Henry Viscardi school
Status: in_force

* § 31-f. Participation by the Henry Viscardi school. a. The Henry\nViscardi school may, by resolution adopted by its board of trustees and\napproved by the comptroller, elect to participate in the retirement\nsystem. Acceptance of its employees for membership in the retirement\nsystem shall be optional with the comptroller, who shall determine the\namounts of contribution payable by such employer and its employees,\nshall resolve questions of credit for prior service, and shall in all\nother respects assure that such employees share the same rights,\nobligations and benefits as other members of the retirement system.\n  b. The officers and employees of such employer shall be credited with\nsuch periods of prior service as shall be certified by such employer for\nservice rendered to it, or the state, or in any other capacity approved\nby such employer and the comptroller. Service for such employer after\nthe date on which it commences to participate in the retirement system\nshall be considered as member service. An officer or employee of such\nemployer who, as of the date he or she is so approved for membership in\nthe retirement system, is already a member thereof, shall not have his\nor her total credit reduced by such approval. Any reserve held on\naccount of any such officer or employee in the pension accumulation fund\nshall be used as an offset against the deficiency contribution payable\nthereafter by such employer on account of such officer or employee for\nany prior service credit and any such previous credit.\n  c. Notwithstanding the election by the Henry Viscardi School to\nparticipate in the retirement system, employees of such employer, who\nare employed by the employer prior to the effective date of this\nsection, shall have the option to continue participation in the employer\nsponsored retirement plan. Provided, however, an employee, who exercises\nthe option to continue participation in the employer sponsored\nretirement plan, shall not be entitled to be a member of the retirement\nsystem. Such election shall be irrevocable.\n  * NB There are 2 § 31-f's\n
N.Y. PML Law § 1327 — New York Code / Act PML / Article 13 / Title 4 / Section 1327
Duration and renewal of vendor registration
Status: in_force

§ 1327. Duration and renewal of vendor registration. 1. A casino\nvendor registration shall be effective upon issuance, and shall remain\nvalid for five years unless revoked, suspended, voided by law, limited,\nor otherwise restricted by the commission. Such registrations may be\nrenewed by the holder thereof upon application, on a form prescribed by\nthe commission, and payment of the applicable fee. Notwithstanding the\nforegoing, if a vendor registrant has not conducted business with a\ngaming facility for a period of three years, the registration of that\nvendor registrant shall lapse.\n  2. The commission shall establish by regulation reasonable and\nappropriate fees to be imposed on each vendor registrant who provides\ngoods or services to a gaming facility, regardless of the nature of any\ncontractual relationship between the vendor registrant and gaming\nfacility, if any. Such fees shall be paid to the commission.\n
N.Y. PBA Law § 586 — New York Code / Act PBA / Article 3 / Title 4 / Section 586
Remedies of bondholders
Status: in_force

§ 586. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any of the\nbonds after the same shall become due, whether at maturity or upon call\nfor redemption, and such default shall continue for a period of thirty\ndays, or in the event that the authority shall fail or refuse to comply\nwith the provisions of this title, or shall default in any agreement\nmade with the holders of the bonds, the holders of twenty-five per\ncentum in aggregate principal amount of the bonds then outstanding by\ninstrument or instruments, filed in the office of the clerk of the\ncounty of Jefferson and proved or acknowledged in the same manner as a\ndeed to be recorded, may appoint a trustee to represent the bondholders\nfor the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of the bonds then outstanding\nshall, in his or its own name:\n  (a) by suit, action or special proceeding, enforce all rights of the\nbondholders, including the right to require the authority and the board\nto collect tolls and rentals adequate to carry out any agreement as to,\nor pledge of, such tolls and rentals, and to require the authority and\nthe board to carry out any other agreements with the bondholders and to\nperform its and their duties under this title;\n  (b) bring suit upon the bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders;\n  (e) declare all bonds due and payable and if any default shall be made\ngood to annul such declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceedings shall be laid in Jefferson county.\n  4. Before declaring the principal of all bonds due and payable the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not all bonds have been declared due\nand payable, shall be entitled as of right to the appointment of a\nreceiver who may enter and take possession of the bridges and road then\nunder the jurisdiction of the authority or any part or parts thereof and\noperate and maintain the same and collect and receive all tolls, rentals\nand other revenues thereafter arising from the American channel bridge\nin the same manner as the authority itself might do and shall deposit\nall such moneys in a separate account and apply the same in such manner\nas the court shall direct. In any suit, action or proceeding by the\ntrustee the fees, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\ntolls, rentals and other revenues derived from the American channel\nbridge.\n  6. 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 the bondholders in the enforcement and protection of\ntheir rights.\n
N.Y. VAT Law § 411 — New York Code / Act VAT / Title 4 / Article 15 / Section 411
Distinctive number; form of number plates
Status: in_force

§ 411. Distinctive number; form of number plates. 1. No person shall\noperate or drive a motorcycle on the public highways of this state\nunless such motorcycle shall have a distinctive number assigned to it by\nthe commissioner and a number plate issued by the commissioner with a\nnumber corresponding to that of the certificate of registration\nconspicuously displayed on the rear of such motorcycle, securely\nfastened so as to prevent the same from swinging.\n  2. Such number plates shall be of such material, form, design and\ndimensions and contain or set forth such distinguishing number or other\nidentification marks as the commissioner shall prescribe, provided,\nhowever, that there shall be at all times a marked contrast between the\ncolor of the number plates and that of the numerals or letters thereon,\nand provided further that no motorcycle shall display the number plates\nof more than one state at a time, nor shall any plate be used other than\nthose issued by the commissioner.\n  3. No person shall operate or drive a motorcycle upon the public\nhighways of this state having displayed thereon a number plate not\nproper for such motorcycle under the provisions of this chapter and,\nupon conviction for this offense, the number plate shall be surrendered\nto the court for delivery to the commissioner.\n  4. No person shall knowingly authorize or permit a number plate issued\nfor a motorcycle owned and registered by him to be displayed on any\nmotorcycle other than a motorcycle to which such number plate has been\nassigned by the commissioner, or upon which such number plate may\nlegally be displayed under a temporary certificate of registration\nissued by a dealer under the provisions of section four hundred twenty\nof this chapter.\n
N.Y. VAT Law § 499-A — New York Code / Act VAT / Title 4 / Article 17-C / Section 499-A
Metropolitan commuter transportation district supplemental registration fee
Status: in_force

§ 499-a. Metropolitan commuter transportation district supplemental\nregistration fee. Registrants residing in the metropolitan commuter\ntransportation district shall upon the registration or renewal of a\nmotor vehicle be charged a supplemental registration fee to be paid to\nthe commissioner or his or her agent in accordance with the provisions\nof this article.\n
N.Y. PBA Law § 1493-I — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-I
Bonds of the authority
Status: in_force

§ 1493-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any purpose mentioned in section fourteen hundred\nninety-three-d hereof, including the acquisition, construction,\nreconstruction and repair of personal and real property of all kinds\ndeemed by the board to be necessary or desirable to carry out such\npurpose, as well as to pay such expenses as may be deemed by the board\nnecessary or desirable to the financing thereof and placing the project\nor projects in operation in the aggregate principal amount of not\nexceeding seventy-five million dollars outstanding at any one time. The\nauthority shall have power from time to time and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose hereinabove described.  The refunding bonds may be exchanged for\nthe bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold and the proceeds applied to the purchase or payment of\nthe bonds to be refunded. In computing the total amount of bonds of the\nauthority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange for new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues. Notwithstanding the fact that the bonds may be payable from a\nspecial fund, if they are otherwise of such form and character as to be\nnegotiable instruments under article eight of the uniform commercial\ncode the bonds shall be and are hereby made negotiable instruments\nwithin the meaning of and for all the purposes of article eight of the\nuniform commercial code, subject only to the provisions of the bonds for\nregistration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates as such resolution may provide, be in such denominations, be in\nsuch form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine provided, however, that any private\nsale shall be subject to the approval of the state comptroller, where\nsuch sale is not to the comptroller, or the director of the budget,\nwhere such sale is to the comptroller.\n  3. Any resolution or resolutions, authorizing any bonds or any issue\nof bonds may contain provisions, which shall be a part of the contract\nwith the holders of the bonds thereby authorized, as to (a) pledging all\nor any part of the revenues of a project or projects to secure the\npayment of the bonds, subject to such agreements with bondholders as may\nthen exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereof, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section fourteen hundred ninety-three-p hereof,\nand limiting or abrogating the right of the bondholders to appoint a\ntrustee under said section or limiting the rights, duties and powers of\nsuch trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims, of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fourteen\nhundred ninety-three-h of this title the authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of the project or projects to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section fourteen\nhundred ninety-three-p upon a trustee appointed by bondholders.\n
N.Y. VAT Law § 423 — New York Code / Act VAT / Title 4 / Article 17 / Section 423
Peace officers and their duties
Status: in_force

§ 423. Peace officers and their duties. The officers and members of\nthe state police, any local police department and any peace officer\nacting pursuant to his special duties shall have and exercise the power\nand it shall be their duty to investigate and make arrests for\nviolations of the provisions of this chapter. They shall investigate any\ntheft of a motor vehicle or trailer, of which they receive notice or\nhave information, and arrest or cause the arrest of any person where\nreasonable grounds exist to believe that such person has stolen a motor\nvehicle or trailer, and, when necessary for such arrest, make complaint\non information before the proper court or magistrate.\n
N.Y. PBA Law § 3560 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3560
Bonds or notes of the corporation
Status: in_force

§ 3560. Bonds or notes of the corporation.  1. The corporation shall\nhave power as hereby authorized from time to time to issue negotiable\nbonds in conformity with applicable provisions of the uniform commercial\ncode provided, however, that such power shall only be exercised to the\nextent authorized in the contract between the corporation and the\ndepartment of health provided for in subdivision two of section four\nhundred three of the public health law.  The corporation shall have\npower from time to time to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other corporate purpose.  Except as may otherwise be expressly\nprovided by the corporation, every issue of new bonds shall be general\nobligations payable out of any moneys or revenues of the corporation,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues.\n  2. Such bonds shall be authorized by resolution of the board, be in\nsuch denominations and shall bear such date or dates, mature at the time\nor times not exceeding forty years from their respective dates, bear\ninterest at such rate or rates payable at such times, be in such form,\neither coupon or registered, carry such registration privileges, be\nexecuted in such manner, be payable in such medium of payment at such\nplace or places, and be subject to such terms of redemption as such\nresolution or resolutions may provide.  Such bonds may be sold at public\nor private sale for such price or prices as the corporation shall\ndetermine.\n  3. Such bonds may be issued for any corporate purposes of the\ncorporation.\n  4. Bonds issued by the corporation may be general obligations secured\nby the faith and credit of the corporation or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the corporation under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The corporation may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the corporation is authorized to pay.\n  5. Any resolution or resolutions authorizing any bonds may contain\nprovisions which may be a part of the contract with the holders of the\nbonds as to:\n  (a) pledging all or any part of the moneys or property of the\ncorporation to secure the payment of its bonds, including, but not\nlimited to, the revenues of designated facilities of the corporation,\nthe proceeds of any grant in aid of the corporation received from any\nprivate or public source, any federally guaranteed security and moneys\nreceived therefrom whether such security is initially acquired by the\ncorporation or otherwise, any moneys received under the terms of any\nlease, loan or other agreement executed pursuant to this title, or any\nother revenues which may be received by the corporation;\n  (b) the setting aside of reserves or sinking funds and the regulation\nor disposition thereof;\n  (c) the purposes and limitations thereon to which the proceeds of sale\nof any issue of bonds then or thereafter to be issued may be applied,\nincluding as authorized purposes, all costs and expenses necessary or\nincidental to the issuance of bonds, to the acquisition of or commitment\nto acquire any federally guaranteed security and to the issuance and\nobtaining of any federally insured mortgage note;\n  (d) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (e) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto and the manner in which such consent may\nbe given;\n  (f) the creation of special funds into which any moneys of the\ncorporation may be deposited;\n  (g) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the corporation may determine which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section three thousand five hundred\nsixty-one of this title and limiting or abrogating the right of the\nbondholders to appoint a trustee under such section or limiting the\nrights, duties and powers of such trustee;\n  (h) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the corporation to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of default, including as a matter of right the appointment\nof a receiver, providing, that such rights and remedies shall not be\ninconsistent with the general laws of this state and other provisions of\nthis title; and\n  (i) any other matters, of like or different character, which in any\nway affect the security and protection of the bonds.\n  6. (a) The bonds of the corporation issued pursuant to this section\nshall be sold to the bidder offering the lowest true interest cost,\ntaking into consideration any premium or discount.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, whenever in the judgment of the corporation the interests\nof the corporation will be served thereby, the directors of the\ncorporation, on the written recommendation of the chairperson may\nauthorize the sale of such bonds at private or public sale on either a\ncompetitive or negotiated basis.  The corporation shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the corporation shall\ninclude, but not be limited to, a requirement that where the interests\nof the corporation will be served by a private or public sale of bonds,\nthe corporation shall select underwriters for each private or public\nbond sale conducted pursuant to a request for proposal process\nundertaken from time to time and consideration of proposals from\nqualified underwriters as determined by the corporation.  Bonds of the\ncorporation shall not be sold by the corporation at a private sale\nunless such sale and the terms thereof have been approved in writing by\nthe comptroller where such sale is not to the comptroller, or by the\ndirector of the budget where such sale is to the comptroller.\n  (c) The corporation shall have the power from time to time to amend\nsuch private bond sale guidelines in accordance with the provisions of\nthis subdivision.\n  (d) The corporation shall annually prepare and approve a bond sale\nreport which shall include the private or public bond sale guidelines as\nspecified in this subdivision, amendments to such guidelines since the\nlast private or public bond sale report, an explanation of the bond sale\nguidelines and amendments, and the results of any sale of bonds\nconducted during the fiscal year. Such bond sale report may be a part of\nany other annual report that the corporation is required to make.\n  (e) The corporation shall annually submit its bond sale report to the\nstate comptroller, the senate finance committee and the assembly ways\nand means committee.\n  (f) The corporation shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (g) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  7. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the corporation may also contain provisions which may be a part\nof the contract with the holders of the bonds thereby authorized as to:\n  (a) the rates, rents, fees and other charges to be fixed and collected\nby the corporation and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (b) limitations on the right of the corporation to restrict and\nregulate the use of the project or part thereof in connection with which\nbonds are issued;\n  (c) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (d) limitations on the power of the corporation to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (e) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\ncorporation;\n  (f) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the corporation may\ndetermine; and\n  (g) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  8. In addition to the powers herein conferred upon the corporation to\nsecure its bonds, the corporation shall have the power in connection\nwith the issuance of bonds to adopt resolutions and enter into such\ntrust indentures, agreements or other instruments as the corporation may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act which the\ncorporation would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\ncorporation shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the corporation by this title and to perform the\nobligations undertaken in such resolutions, trust indentures, agreements\nor other instruments. The provisions of any such resolutions, trust\nindentures, agreements or other instruments may be made a part of the\ncontract with the holders of bonds of the corporation.\n  9. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the corporation shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the corporation\nirrespective of whether such parties have notice thereof. No instrument\nby which such a pledge or security interest is created nor any financing\nstatement need be recorded or filed.\n  10. Whether or not the bonds of the corporation are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  11. Neither the directors nor the officers of the corporation nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  12. Subject to such agreements with bondholders as may then exist, the\ncorporation shall have power out of any funds available therefor to\npurchase bonds of the corporation, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  13. The corporation shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n
N.Y. PBA Law § 1683 — New York Code / Act PBA / Article 8 / Title 4 / Section 1683
State not liable on bonds
Status: in_force

§ 1683. State not liable on bonds. The bonds and other obligations of\nthe authority shall not be a debt of the state of New York nor shall the\nstate be liable thereon, nor shall they be payable out of any funds\nother than those of the authority.\n
N.Y. GOB Law § 5-421 — New York Code / Act GOB / Article 5 / Title 4 / Section 5-421
Losers of certain sums may recover them
Status: in_force

§ 5-421. Losers of certain sums may recover them. Every person who\nshall, by playing at any game, or by betting on the sides or hands of\nsuch as do play, lose at any time or sitting, the sum or value of\ntwenty-five dollars or upwards, and shall pay or deliver the same or any\npart thereof, may, within three calendar months after such payment or\ndelivery, sue for and recover the money or value of the things so lost\nand paid or delivered, from the winner thereof.\n
N.Y. PBH Law § 376 — New York Code / Act PBH / Article 3 / Title 4 / Section 376
Certain cities; enforcement
Status: in_force

§ 376. Certain cities; enforcement. The head of the police department\nshall whenever requested in writing by the commissioner of health or\nhealth officer in cities having a population of less than one hundred\nseventy-five thousand, with the approval of the mayor, detail such\nnumber of regular police officers as shall be specified in such request\nwho shall while so detailed serve under the direction of the\ncommissioner of health or health officer.\n
N.Y. ENV Law § 27-0403 — New York Code / Act ENV / Article 27 / Title 4 / Section 27-0403
Legislative intent
Status: in_force

§ 27-0403. Legislative intent.\n  The legislature hereby finds and declares that development and\nimplementation of local programs to conserve energy through sound solid\nwaste management efforts can be of broad benefit to the state. Through\nutilization of resource reuse and other programs, primary raw materials\ncan be conserved, energy savings can be gained, the amount of waste\ndisposed of in landfills can be reduced, and, through proper management\nof the waste stream, improved operations at waste-to-energy facilities\nmay be realized. In recognition of the potential benefits to be accrued\nfrom implementing sound solid waste management programs, the legislature\nhereby declares that a program directed toward enhancing the state's\nresource reuse efforts will provide energy, economic and environmental\nbenefits for New York state.\n
N.Y. VAT Law § 404-DD — New York Code / Act VAT / Title 4 / Article 14 / Section 404-DD
Distinctive plates for members of AMVETS
Status: in_force

* § 404-dd. Distinctive plates for members of AMVETS. 1. Any member of\nAMVETS residing in this state shall, upon request, be issued a license\nplate bearing the word "AMVETS". Application for said license plate\nshall be filed with the commissioner in such form and detail as the\ncommissioner shall prescribe.\n  2. The distinctive plate authorized herein shall be issued upon proof,\nsatisfactory to the commissioner, that the applicant is a member of\nAMVETS.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article,\nprovided, however, that an additional one-time service charge of ten\ndollars shall be charged for such plate.\n  4. For the purposes of this section, "AMVETS" shall mean the veterans\nservice organization chartered by congress as a membership corporation\ncreated pursuant to chapter 227 of title 36 of the United States code.\n  * NB There are 2 § 404-dd's\n
N.Y. VAT Law § 403-B — New York Code / Act VAT / Title 4 / Article 14 / Section 403-B
Sales of special number or distinctive license plates by certain dealers
Status: in_force

§ 403-b. Sales of special number or distinctive license plates by\ncertain dealers. 1. A dealer, retail dealer, new motor vehicle dealer or\nqualified dealer holding a certificate of registration issued pursuant\nto section four hundred fifteen of this title shall be authorized to\nobtain or order special number or distinctive license plates for a\npurchaser of a vehicle from such dealer in return for a processing fee\nnot to exceed five dollars. Such dealer shall not be required to secure\na license pursuant to section three hundred ninety-five of this chapter.\n  2. The commissioner is hereby authorized to promulgate rules and\nregulations necessary to implement the provisions of this section\nincluding, but not limited to, the provision of a credit for number\nplates or other interim or temporary plates issued in advance of the\nreceipt of the special number or distinctive plate, and the requirement\nthat dealers authorized by this section disclose the initial and annual\nfees applicable to any special number and distinctive plates that are\nordered. The processing fee authorized in subdivision one of this\nsection shall apply only upon orders of special or distinctive plates\nand shall be in addition to any other fee or fees authorized by\nregulation and charged by such dealers for obtaining motor vehicle\nregistrations and/or titles.\n
N.Y. ELN Law § 8-400 — New York Code / Act ELN / Article 8 / Title 4 / Section 8-400
Absentee voting; application for ballot
Status: in_force

§ 8-400. Absentee voting; application for ballot.  1. A qualified\nvoter may vote as an absentee voter under this chapter if, on the\noccurrence of any village election conducted by the board of elections,\nprimary election, special election, general election or New York city\ncommunity school board district or city of Buffalo school district\nelection, he or she expects to be:\n  (a) absent from the county of his or her residence, or, if a resident\nof the city of New York absent from said city; or\n  (b) unable to appear personally at the polling place of the election\ndistrict in which he or she is a qualified voter because of illness or\nphysical disability or duties related to the primary care of one or more\nindividuals who are ill or physically disabled, or because he or she\nwill be or is a patient in a hospital; or\n  (c) a resident or patient of a veterans health administration\nhospital; or\n  (d) absent from his or her voting residence because he or she is\ndetained in jail awaiting action by a grand jury or awaiting trial, or\nconfined in jail or prison after a conviction for an offense other than\na felony, provided that he or she is qualified to vote in the election\ndistrict of his or her residence.\n  2. A qualified voter desiring to vote at such election as an absentee\nvoter for any reason specified in subdivision one hereof must make\napplication for an absentee ballot on a form to be obtained and filed as\nprovided herein, by letter as provided in paragraph (d) of this\nsubdivision, or through the electronic absentee ballot application\ntransmittal system pursuant to section 8-408 of this title.\n  (a) Application forms shall be furnished by and may be obtained from\nany board of elections at any time until the day before such election,\nor on the electronic absentee ballot application transmittal system.\nApplication forms shall also be supplied by the board of inspectors of\nthe election district in which applicant is a qualified voter on all of\nthe days provided for local registration. In addition, application forms\nshall be supplied upon the request of the person authorized to vote\npursuant to this section, any such person's spouse, parent or child, a\nperson residing with the applicant as a member of his household, or the\napplicant's duly authorized agent. Application forms sent outside of the\nUnited States to a country other than Canada or Mexico, shall be sent\nairmail. Any reference to "board of elections" in the remaining\nprovisions of this section, except with respect to the furnishing and\nobtaining of applications for absentee ballots, means only the board of\nelections of the county or city in which the applicant is a qualified\nvoter.\n  (b) Applications may be filed with the board of elections, through the\nelectronic absentee ballot application transmittal system or in person\nwith the board of inspectors of the election district in which the\napplicant is a qualified voter on one of the days provided for local\nregistration.\n  (c) All applications requesting an absentee ballot by mail or through\nthe electronic absentee ballot application transmittal system must be\nreceived by the board of elections not later than the tenth day before\nthe election for which a ballot is first requested. Applications for an\nabsentee ballot that will be delivered in person at the board of\nelections to the voter or to an agent of the voter must be received by\nsuch board not later than the day before such election.\n  (d) The board of elections shall mail an absentee ballot to every\nqualified voter otherwise eligible for such a ballot, who requests such\nan absentee ballot from such board of elections in writing in a letter,\ntelefax indicating the address, phone number and the telefax number from\nwhich the writing is sent or other written instrument, or an electronic\napplication submitted by the voter through the electronic absentee\nballot application transmittal system established by the state board of\nelections, which is signed by the voter and received by the board of\nelections not later than the tenth day before the election for which the\nballot is first requested and which states the address where the voter\nis registered and the address to which the ballot is to be mailed;\nprovided, however, a military voter may request a military ballot or\nvoter registration application or an absentee ballot application in a\nletter as provided in subdivision three of section 10-106 of this\nchapter; and provided further, a special federal voter may request a\nspecial federal ballot or voter registration application or an absentee\nballot application in a letter as provided in paragraph d of subdivision\none of section 11-202 of this chapter. The board of elections shall\nenclose with such ballot a form of application for absentee ballot if\nthe applicant is registered with such board of elections.\n  (e) When mailing an absentee ballot application to a voter the board\nof elections shall provide a domestic postage paid return envelope. When\nproviding an absentee ballot application to a voter in-person, the board\nof elections shall offer the voter a domestic postage paid return\nenvelope and provide one if requested.\n  3. The application for an absentee ballot when filed must contain in\neach instance the following information:\n  (a) Applicant's full name, date of birth, and residence address,\nincluding the street and number, if any, rural delivery route, if any,\nmailing address if different from the residence address and his or her\ntown or city and an address to which the ballot shall be mailed.\n  (b) A statement that the applicant is a qualified and registered\nvoter.\n  (c) A statement, as appropriate, that on the day of such election the\napplicant expects in good faith to be in one of the following\ncategories:\n  (i) absent from the county of his or her residence, or if a resident\nof the city of New York absent from said city; provided, however, if the\napplicant expects to be absent from such county or city for a duration\ncovering more than one election and seeks an absentee ballot for each\nelection, he or she shall state the dates when he or she expects to\nbegin and end such absence; or\n  (ii) unable to appear at a polling place because of illness or\nphysical disability or duties related to the primary care of one or more\nindividuals who are ill or physically disabled; or\n  (iii) a resident or patient of a veterans health administration\nhospital; or\n  (iv) detained in jail awaiting action by a grand jury or awaiting\ntrial or confined in jail or prison after a conviction for an offense\nother than a felony and stating the place where he or she is so detained\nor confined.\n  (d) Such application shall permit the applicant to apply for an\nabsentee ballot for either a primary election or the general election in\nany year and for those persons who will be continuously absent from\ntheir county of residence during the period between the fall primary\nelection and the general election in any year to apply for ballots for\nboth such elections in such year. A voter who applies for an absentee\nballot shall be sent an absentee ballot for any special election or\nwinter primary that occurs during the period of absence specified in the\napplication.\n  4. A voter who claims permanent illness or physical disability may\nmake application for an absentee ballot and the right to receive an\nabsentee ballot for each election thereafter as provided herein without\nfurther application, by filing with the board of elections an\napplication which shall contain a statement to be executed by the voter.\nUpon filing of such application the board of elections shall cause the\nregistration records of the voter to be marked "Permanently Disabled"\nand thereafter shall send an absentee ballot for each succeeding\nprimary, special or general election to such voter at his or her last\nknown address by first class mail with a request to the postal\nauthorities not to forward such ballot but to return it in five days in\nthe event that it cannot be delivered to the addressee. The mailing of\nsuch ballot for each election shall continue until such voter's\nregistration is cancelled.\n  5. The application for an absentee ballot shall contain the following\nlanguage printed in bold face directly above the signature line: "I\nCERTIFY THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT AND\nUNDERSTAND THAT THIS APPLICATION WILL BE ACCEPTED FOR ALL PURPOSES AS\nTHE EQUIVALENT OF AN AFFIDAVIT AND, IF IT CONTAINS A MATERIAL FALSE\nSTATEMENT, SHALL SUBJECT ME TO THE SAME PENALTIES AS IF I HAD BEEN DULY\nSWORN." Such application shall be accepted for all purposes as the\nequivalent of an affidavit and if it contains a material false statement\nshall subject the person signing it to the same penalties as if he had\nbeen duly sworn.\n  6. For purposes of this section, the use of titles, initials or\ncustomary abbreviations of given names by the signers of, or witnesses\nto, an absentee ballot request letter, an absentee ballot application\nform or an absentee ballot envelope, or the use of customary\nabbreviations of addresses of such signers or witnesses, shall not\ninvalidate such voter's signature or witness's signature on an\napplication for an absentee ballot or upon canvass or recanvass of the\nballot pursuant to this chapter.\n  7. If a person entitled to an absentee ballot is unable to sign his\napplication because of illness, physical disability or inability to\nread, he shall be excused from signing upon making a statement, in\nsubstantially the following form, which shall be witnessed by one\nperson:\n"I hereby state that I am unable to sign my application for an absentee\nballot without assistance because I am unable to write by reason of my\nillness or physical disability or because I am unable to read. I have\nmade, or have received assistance in making, my mark in lieu of my\nsignature."\n(Date)...........................\n                    ...........................(Mark)\n                             (Name of Voter)\n"I, the undersigned, hereby certify that the above named voter affixed\nhis mark to this application in my presence and I know him to be the\nperson who affixed his mark to said application and understand that this\nstatement will be accepted for all purposes as the equivalent of an\naffidavit and if it contains a material false statement, shall subject\nme to the same penalties as if I had been duly sworn."\n                       ...........................\n                          (Signature of Witness)\n                       ...........................\n                           (Address of Witness)\nSuch statement shall be included in the application form furnished by\nthe board of elections.\n  8. Printed forms of applications for absentee ballots in accordance\nwith the requirements of this section shall be provided by the board of\nelections. An appropriate number shall be retained by the board of\nelections for the purpose of furnishing an application form to each\nqualified voter who applies therefor before the board of elections,\neither in person or by mail, and an appropriate number shall be\ndelivered to each board of inspectors on registration days with the\nelection supplies, and the board of inspectors shall retain the\ncompleted and unused applications and return them to the board of\nelections with their election supplies and an appropriate number shall\nbe available for distribution to officers of political parties, county\nclerks, city, town and village clerks, colleges, libraries, hospitals,\nnursing homes, senior citizens centers and any other convenient\ndistribution source which is approved by the local or state board of\nelections and which requests such forms.\n  10. The state board of elections shall prescribe a standard\napplication form for use under this section. The use of any application\nform which substantially complies with the provisions of this section\nshall be acceptable and any application filed on such a form shall be\naccepted for filing.\n
N.Y. PBA Law § 1699-E — New York Code / Act PBA / Article 8 / Title 4-B / Section 1699-E
Definitions
Status: in_force

§ 1699-e. Definitions. 1. "Agency" shall mean the New York state\nmedical care facilities finance agency created by section four of\nsection one of chapter three hundred ninety-two of the laws of nineteen\nhundred seventy-three, as amended, and operating pursuant to the New\nYork state medical care facilities finance agency act.\n  2. "Authority" shall mean the dormitory authority created by section\nsixteen hundred seventy-seven of this article and operating pursuant to\nthe dormitory authority act.\n  3. "Corporation" shall mean the facilities development corporation\ncreated by section four of section one of chapter three hundred\nfifty-nine of the laws of nineteen hundred sixty-eight, as amended, and\noperating pursuant to the facilities development corporation act.\n
N.Y. PBA Law § 884 — New York Code / Act PBA / Article 4 / Title 4 / Section 884
State and counties not liable on bonds
Status: in_force

§ 884. State and counties not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state or of any\ncounty or counties, and the board shall have no power to make them\npayable out of any moneys except those of the authority.\n
N.Y. PBA Law § 1680-Q — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-Q
State university of New York dormitory facilities
Status: in_force

* § 1680-q. State university of New York dormitory facilities. 1. As\nused in or referred to in this section, unless a different meaning\nappears from the context, the following terms shall have the following\nrespective meanings:\n  (a) "Agreement" means an agreement by and between the authority and\nthe state university entered into pursuant to this section.\n  (b) "Dormitory facilities revenue fund" means the fund established\npursuant to subdivision three of this section.\n  (c) "Dormitory facilities revenues" means all moneys, including rents,\nfees and charges, derived from the use or occupancy of dormitory\nfacilities.\n  (d) "Dormitory facility" means a dormitory, as such term is defined in\nparagraph (a) of subdivision two of section sixteen hundred seventy-six\nof this title.\n  (e) "Dormitory facility revenue bond" means any note or bond of the\nauthority (i) issued on or after the first day of April, two thousand\nthirteen for the purposes of financing dormitory facilities or\nrefinancing notes or bonds issued previously in connection with\ndormitory facilities, including notes or bonds issued to pay costs\nincurred in connection with the issuance of such notes or bonds, to fund\nany reserve for the payment of debt service on such bonds, to fund any\nreserve established for the improvement, repair, maintenance or\noperations of dormitory facilities, or to pay or provide for the payment\nof any note or bond previously issued for any such purpose, and (ii) is\npayable from moneys on deposit in the dormitory facilities revenue fund\nand is not payable from any revenue of the state.\n  (f) "Prior dormitory facility bond" means any note or bond of the\nauthority issued prior to April first, two thousand thirteen in\nconnection with dormitory facilities.\n  (g) "State university" means the state university of New York, a\ncorporation within the state education department and within the\nuniversity of the state of New York created by section three hundred\nfifty-two of the education law.\n  2. The authority may, from and after April first, two thousand\nthirteen, issue dormitory facility revenue bonds in an amount not to\nexceed one billion eight hundred forty-four million dollars.\nNotwithstanding any other rule or law, such bonds shall not be a debt of\nthe state of New York or the state university nor shall the state or the\nstate university be liable thereon, nor shall they be payable out of any\nfunds other than those of the authority constituting dormitory\nfacilities revenues. Such amount shall be exclusive of bonds and notes\nissued to fund any reserve fund or funds, cost of issuance, original\nissue premium, and to refund any prior dormitory facility bonds or any\ndormitory facility revenue bonds. The authority and the state university\nare hereby authorized to enter into agreements relating to, among other\nthings, the acquisition of property or interests therein, the\nconstruction, reconstruction, rehabilitation, improvement, equipping and\nfurnishing of dormitory facilities, the operation and maintenance of\ndormitory facilities, and the billing, collection and disbursement of\ndormitory facilities revenues, the title to which has been conveyed,\nassigned or otherwise transferred to the authority pursuant to paragraph\ny of subdivision two of section three hundred fifty-five of the\neducation law. In no event shall the state university have any\nobligation under the agreement to make payment with respect to, on\naccount of or to pay dormitory facilities revenue bonds, and such bonds\nshall be payable solely from the dormitory facilities revenues assigned\nto the authority by the state university. No debt shall be contracted\nexcept to finance capital works or purposes. Notwithstanding any other\nprovision of law, dormitory facility revenues shall not be deemed to be\nrevenues of the state.  Notwithstanding any other rule or law, the state\nshall not be liable for any payments on any dormitory facility revenue\nbonds, and such bonds shall not be a debt of the state and shall not be\npayable out of any funds other than the dormitory facilities revenues\nassigned to the authority by the state university.\n  3. (a) There is hereby established in the custody of the commissioner\nof taxation and finance a special fund to be known as the dormitory\nfacilities revenue fund. Such fund shall consist of all dormitory\nfacilities revenues conveyed, assigned or otherwise transferred to the\nauthority pursuant to paragraph y of subdivision two of section three\nhundred fifty-five of the education law, which upon receipt by the\ncommissioner of taxation and finance shall be deposited in such fund and\nheld by the commissioner of taxation and finance pursuant to subdivision\nfour of section four of the state finance law. The moneys in the fund\nshall be the sole and exclusive property of the authority. The moneys\nheld in the fund shall be held separate and apart from and not\ncommingled with any moneys of the state or any other moneys in the\ncustody of the commissioner of taxation and finance. All deposits of\nmoneys shall, if required by the commissioner of taxation and finance,\nbe secured by obligations of the United States of America or of the\nstate having a market value equal at all times to the amount of such\ndeposits and all banks and trust companies are authorized to give\nsecurity for such deposits. Any moneys in such fund may, in the\ndiscretion of the commissioner of taxation and finance, be invested in\nobligations described in section ninety-eight of the state finance law.\nThe commissioner of taxation and finance shall certify to the authority\nand the state university not later than the fifteenth day of each month\nthe amount of dormitory facilities revenues deposited in the fund during\nthe preceding calendar month and the amount held in the fund as of the\nlast day of such preceding calendar month.\n  (b) During each twelve month period commencing July first of a\ncalendar year and ending on June thirtieth of the succeeding calendar\nyear, the commissioner of taxation and finance shall pay, without\nappropriation, to or upon the order of the authority from the moneys in\nthe fund the amount certified to the commissioner of taxation and\nfinance by the authority pursuant to paragraph (c) of this subdivision.\nAny moneys remaining in the fund after payment to the authority of the\namount so certified shall be paid by the commissioner of taxation and\nfinance in accordance with the agreement. All rights, title and interest\nin and to any moneys paid to or upon the order of the state university\npursuant to the agreement shall vest in the state university and be the\nabsolute property of the state university, and the authority shall no\nlonger have any interest in such moneys.\n  (c) The authority shall, not later than by the first day of June of\neach calendar year, certify to the commissioner of taxation and finance\nand to the state university: (i) the amount of the rentals, including\nthe amounts required for payment of the principal of, and interest on\nprior dormitory facility bonds required to be made by the state\nuniversity to the authority during the twelve month period commencing on\nthe succeeding July first and ending on the succeeding June thirtieth\npursuant to the agreement between the authority and the state\nuniversity, dated as of the twentieth day of September, nineteen hundred\nninety-five, as amended and restated; (ii) the amount required to\nmaintain any reserves for the repair and replacement of dormitory\nfacilities or the operations and maintenance of dormitory facilities in\nconnection with the prior dormitory facility bonds; (iii) the amount\nrequired for payment of the principal of, whether at maturity or due\nthrough mandatory redemption, and interest on dormitory facility revenue\nbonds payable on January first of such twelve month period and on July\nfirst next succeeding such twelve month period; (iv) the amount required\nto maintain any reserves for the repair and replacement of dormitory\nfacilities or the operations and maintenance of dormitory facilities in\nconnection with the dormitory facility revenue bonds; (v) the amount\nrequired to restore any reserve for the payment of debt service on\ndormitory facility revenue bonds to its requirement; and (vi) the costs,\nexpenses and overhead of the dormitory authority to be incurred during\nsuch twelve month period in connection with and reasonably related to\ndormitory facilities financed through the issuance of dormitory facility\nrevenue bonds. Each such amount shall be separately stated and\nidentified in such certificate. Any such certificate submitted by the\ndormitory authority may be amended by the dormitory authority from time\nto time as necessary to adjust the amounts set forth therein. The moneys\npaid to the authority pursuant to paragraph (b) of this subdivision\nshall be applied by the authority in the order of priority in which the\namounts set forth in such certification are stated in this paragraph.\n  4. (a) The dormitory authority, in consultation with the state\nuniversity of New York, shall prepare an annual report due on September\nthirtieth, commencing on September thirtieth, two thousand fourteen, of\nevery calendar year relating to the provisions of paragraph y of\nsubdivision two of section three hundred fifty-five of the education\nlaw; subdivision eight of section three hundred fifty-five of the\neducation law; and this section. The report shall include, but not be\nlimited to: (i) the total dormitory facilities revenues assigned or\notherwise transferred from the state university of New York to the\ndormitory authority in the prior state university fiscal year and the\nsum of such transfers made in the five prior fiscal years; (ii) the sum\nof monies, if any, transferred to the state university of New York from\nthe dormitory facilities revenue fund in the prior state university\nfiscal year; (iii) a list of any increase in rents, fees and other\ncharges that relate to dormitory facilities per campus to students; (iv)\na summary of all costs associated with the construction, reconstruction,\nrehabilitation, improvement, equipping, furnishing, repair, maintenance\nand operations of dormitory facilities that the dormitory authority\nfunded with dormitory facilities revenues and the proceeds of dormitory\nfacility revenue bonds; (v) a summary and justification of dormitory\nauthority administrative expenses and costs incurred related to the\ndormitory facilities revenue fund; (vi) the issuance amounts, debt\nservice costs and savings, if any, of all state university of New York\ndormitory bonds issued prior to April first, two thousand thirteen and\nrefinanced by the dormitory authority with dormitory facility revenue\nbonds; (vii) total amount of debt service payments made per year on\ndormitory facility revenue bonds; and (viii) an estimated date when the\ndormitory authority will reach the cap on dormitory facility revenue\nbonds.\n  (b) The report authorized by this section shall be submitted to the\ngovernor, the director of the budget, the speaker of the assembly, the\ntemporary president of the senate, chairs of the senate and assembly\nhigher education committees, the chair of the senate finance committee\nand the chair of the assembly ways and means committee.\n  * NB There are 2 § 1680-q's\n
N.Y. VAT Law § 404-T*3 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-T*3
Distinctive "peace at home" license plates
Status: in_force

* § 404-t. Distinctive "peace at home" license plates. 1. Any person\nresiding in this state shall, upon request, be issued a distinctive\n"peace at home" license plate of a design approved by the commissioner\nin support of domestic violence awareness and prevention. Application\nfor said license plate shall be filed with the commissioner in such form\nand detail as the commissioner shall prescribe.\n  2. A distinctive "peace at home" license plate issued pursuant to this\nsection shall be issued in the same manner as other number plates upon\nthe payment of the regular registration fee prescribed by section four\nhundred one of this article, provided, however, that an additional\nannual service charge of twenty-five dollars shall be charged for such\nplate. Each twenty-five dollars received as annual service charges under\nthis section shall be deposited to the credit of the domestic violence\nawareness fund established pursuant to section ninety-seven-yyy of the\nstate finance law and shall be used for educational and prevention\nprograms undertaken pursuant to article twenty-one of the executive law.\nProvided, however that one year after the effective date of this section\nfunds in the amount of six thousand dollars, or so much thereof as may\nbe available, shall be allocated to the department to offset costs\nassociated with the production of such license plates.\n  * NB There are 3 § 404-t's\n
N.Y. VAT Law § 402 — New York Code / Act VAT / Title 4 / Article 14 / Section 402
Distinctive number; form of number plates; trailers
Status: in_force

§ 402. Distinctive number; form of number plates; trailers. 1. (a) No\nperson shall operate, drive or park a motor vehicle on the public\nhighways of this state unless such vehicle shall have a distinctive\nnumber assigned to it by the commissioner and a set of number plates\nissued by the commissioner with a number and other identification matter\nif any, corresponding to that of the certificate of registration\nconspicuously displayed, one on the front and one on the rear of such\nvehicle, each securely fastened so as to prevent the same from swinging\nand placed, whenever reasonably possible, not higher than forty-eight\ninches and not lower than twelve inches from the ground; provided,\nhowever, that in any registration year for which only one number plate\nis issued, such number plate shall constitute a set of number plates for\nthe time in which such use is authorized, shall be displayed on the rear\nof the vehicle and none shall be displayed on its front, except in case\nof a tractor, when such number plate shall be displayed on the front of\nthe vehicle and none shall be displayed on its rear.\n  (b) (i) Number plates shall be kept clean and in a condition so as to\nbe easily readable.\n  (ii) Number plates shall not be knowingly covered or coated with any\nmaterial or substance that conceals or obscures such number plates or\nthat distorts a recorded or photographic image of such number plates.\n  (ii-a) Number plates shall not be covered by glass or any plastic\nmaterial, nor shall they be covered with a material appearing to be a\nnumber plate for display as proof of lawful registration but which has\nnot been lawfully issued by the commissioner, the commissioner's agent,\nor the equivalent official or agents from another state, territory,\ndistrict, province, nation or other jurisdiction.\n  (iii) The view of such number plates shall not be obstructed by any\npart of the vehicle or by anything carried thereon, except for a\nreceiver-transmitter issued by a publicly owned tolling facility in\nconnection with electronic toll collection when such\nreceiver-transmitter is affixed to the exterior of a vehicle in\naccordance with mounting instructions provided by the tolling facility.\n  2. Such number plates shall be of such material, form, design and\ndimensions and contain or set forth such distinguishing number or other\nidentification marks as the commissioner shall prescribe, provided,\nhowever, that there shall be at all times a marked contrast between the\ncolor of the number plates and that of the numerals or letters thereon,\nand provided further that no vehicle shall display the number plates of\nmore than one state at a time except where the vehicle is required to be\nregistered in more than one state, and provided further that the number\nplates of a rental vehicle shall not display any indication of the\nrental status of such vehicle nor shall any plate be used other than\nthose issued by the commissioner.\n  3. No person shall operate or drive a motor vehicle drawing a trailer\non the public highways of the state, unless such trailer shall have a\ndistinctive number assigned to it by the commissioner and a number plate\nissued by such commissioner with a number corresponding to that of the\ncertificate of registration displayed and fastened on the rear in the\nmanner provided for number plates on the rear of a motor vehicle. The\nprovisions of subdivision two of this section relating to number plates\nfor motor vehicles shall apply to number plates for any such trailer.\nThe provisions of this subdivision shall not apply when a newly\nconstructed trailer is being drawn to or from a weighing station solely\nfor the purpose of determining the weight thereof.\n  4. No person shall operate or drive a motor vehicle upon the public\nhighways of this state having displayed thereon number plates not proper\nfor such vehicle under the provisions of this chapter and, upon a\nconviction for this offense, the number plates shall be surrendered to\nthe court for delivery to the commissioner. The failure to produce the\ncertificate of registration or registration renewal stub of a vehicle\nshall be presumptive evidence of displaying number plates not proper for\nthe vehicle. Every annual number plate issued shall remain the property\nof the state until the correct registration fee is paid. Every number\nplate of a permanent nature for use with a removable date tag which\nshall be issued shall remain the property of the state unless and until\nthe commissioner finds that the state no longer has use for it. Number\nplates belonging to the state shall be under the control of the\ncommissioner.\n  5. No person shall knowingly authorize or permit a number plate issued\nfor a motor vehicle or trailer owned and registered by him to be\ndisplayed on any motor vehicle or trailer other than a motor vehicle or\ntrailer to which such number plate has been assigned by the\ncommissioner, or upon which such number plate may legally be displayed\nunder a temporary certificate of registration issued by a dealer under\nthe provisions of section four hundred twenty of this chapter.\n  6. No owner shall knowingly cause or permit a vehicle owned by him to\nbe operated, driven or parked upon the public highways of this state in\nviolation of this section. Any violation of this section that occurs\nwhile a motor vehicle is parked on the public highways of this state\nshall constitute a parking violation.\n  7. It shall be unlawful for any person, firm, partnership,\nassociation, limited liability company or corporation to sell, offer for\nsale or distribute any:\n  (a) artificial or synthetic material or substance for the purpose of\napplication to a number plate that will, upon application to a number\nplate, distort a recorded or photographic image of such number plate; or\n  (b) plate cover, material or device for the purpose of installation\non, near or around a number plate that will, upon installation on, near\nor around a number plate, obstruct or obscure all or any part of the\ndistinguishing number or other identification marks of such number\nplate; or\n  (c) a material appearing to be a number plate for display as proof of\nlawful registration but which has not been lawfully issued by the\ncommissioner, the commissioner's agent, or the equivalent official or\nagents from another state, territory, district, province, nation or\nother jurisdiction.\n  8. A violation of this section shall be punishable by a fine of not\nless than twenty-five nor more than two hundred dollars, except that:\n  (a) A violation of subparagraph (ii), subparagraph (ii-a) or\nsubparagraph (iii) of paragraph (b) of subdivision one of this section\nshall be punishable by a fine of not less than one hundred nor more than\nfive hundred dollars.\n  (b) A person convicted of a violation of subparagraph (ii-a) of\nparagraph (b) of subdivision one of this section shall surrender the\nglass or plastic covering or material appearing to be a number plate, as\napplicable, to the court or administrative tribunal for delivery to the\ncommissioner.\n  (c) Upon conviction of a violation of subparagraph (ii) of paragraph\n(b) of subdivision one of this section, the court or administrative\ntribunal having jurisdiction may, in addition to any penalty that may be\nimposed for such violation, order the removal of any material or\nsubstance that conceals or obscures such number plates or the\nreplacement of such number plates.\n
N.Y. VAT Law § 404-I — New York Code / Act VAT / Title 4 / Article 14 / Section 404-I
Distinctive plates for gold star mothers
Status: in_force

§ 404-i. Distinctive plates for gold star mothers. 1. Any gold star\nmother or the spouse of a gold star mother residing in this state shall,\nupon request, be issued a license plate bearing the words "gold star\nmother". If a distinctive plate is issued to a gold star mother pursuant\nto this section, additional distinctive plates may be issued for every\nvehicle registered in the name of the gold star mother recipient\nresiding in this state or the spouse of such gold star mother.\nApplication for said license plate shall be filed with the commissioner\nin such form and detail as the commissioner shall prescribe.\n  2. The distinctive plate authorized herein shall be issued upon proof,\nsatisfactory to the commissioner, that the applicant or the spouse of\nthe applicant is a gold star mother.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article,\nprovided, however, that no service charge shall be charged for such\nplate.\n