N.Y. VAT Law § 2267 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2267
Dealers and manufacturers
Status: in_force

§ 2267. Dealers and manufacturers. 1. No person shall engage in the\nbusiness of selling limited use vehicles unless there shall have been\nissued to him a dealer registration in accordance with section four\nhundred fifteen of this chapter. The commissioner may, by regulation,\nprovide for identification of dealers as dealers in limited use\nvehicles, and he shall make provision for the issuance of appropriate\ndealer demonstrator number plates to such dealers.\n  2. No dealer shall acquire any limited use vehicle for the purpose of\nresale for use on the public highways within this state unless such\nlimited use vehicle has a vehicle identification number in a form and\nmanner acceptable to the commissioner permanently affixed to the frame\nby the manufacturer or authorized agent of the manufacturer.\n  3. The commissioner may prescribe, by regulation, procedures to be\nfollowed by dealers with respect to record keeping and documents\nrequired upon the sale of a limited use vehicle, and procedures to be\nfollowed by manufacturers with respect to the assignment and affixing of\nvehicle identification numbers.\n
N.Y. PBA Law § 1266-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-A
Medical emergency services
Status: in_force

§ 1266-a. Medical emergency services. The authority is hereby\nauthorized and directed to prepare and develop a medical emergency\nservices program to be implemented at a time to be specified in such\nprogram for the benefit of persons utilizing transportation and other\nrelated services of the authority. Such program may include but not be\nlimited to provision for the following: The training of designated\nemployees in first aid, emergency techniques and procedures, handling\nand positioning of stricken commuters, and knowledge of procedures and\nequipment used for respiratory and cardiac emergencies. Such program\nshall be submitted to the legislature not later than one hundred eighty\ndays next succeeding the effective date of this section.\n
N.Y. ENV Law § 71-1101 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1101
Applicability of title
Status: in_force

§ 71-1101. Applicability of title.\n  In addition to the provisions of sections 71-0101 and 71-0301 and\ntitle 5 of this article, the provisions of this title shall be\napplicable to the enforcement of article 15.\n
N.Y. PBA Law § 1299-Q — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-Q
Station operation and maintenance
Status: in_force

§ 1299-q. Station operation and maintenance. The operation,\nmaintenance and use of passenger stations shall be public purposes of\nthe counties of Erie and Niagara. The total cost to the authority and\neach of its subsidiary corporations of operation, maintenance and use of\neach passenger station within the district serviced by one or more\nrailroad facilities of the authority or of such subsidiary corporation,\nincluding the buildings, appurtenances, platforms, lands and approaches\nincidental or adjacent thereto, shall be borne by the county within the\ndistrict in which such station is located. On or before June first of\neach year, the authority shall determine and certify to the counties of\nErie and Niagara the total cost to the authority and its subsidiary\ncorporations, for the twelve-month period ending the preceding March\nthirty-first, of operation, maintenance and use of each such passenger\nstation within each county, respectively. On or before the following\nSeptember first, of each year, each such county shall pay to the\nauthority such cost so certified to it on or before the preceding June\nfirst. If for any such twelve-month period the authority determines that\nthe total revenues of any railroad facility will be such as not to\nrequire payment for the full amount of the costs of operation,\nmaintenance and use of the passenger stations served by such facility,\nthe authority in its discretion may reduce by a uniform percentage of\nestablished costs the amounts required of each county so served,\nprovided however, that the amount required of any such county shall not\nbe reduced for any such twelve-month period below the total cost to the\nauthority and its subsidiary corporations so certified of maintenance\nand use of such passenger stations so served in such county. Each county\nshall have power to finance such costs to it by the issuance of budget\nnotes pursuant to section 29.00 of the local finance law.\n
N.Y. PBA Law § 1303 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1303
Capital District transportation authority
Status: in_force

§ 1303. Capital District transportation authority.  1. (a) There is\nhereby created the Capital District transportation authority. The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. It shall consist of not less than eight nor more\nthan fifteen members, including a chairman and shall have one non-voting\nmember as described in paragraph (b) of this subdivision. At least one\nvoting member shall be a transit dependent individual who shall be\nappointed by the governor. If a vacancy occurs for such transit\ndependent individual member position, a replacement shall be appointed\nwithin six months, subject to the same appointment process within this\nparagraph. The members shall be appointed by the governor by and with\nthe advice and consent of the senate. The governor shall make initial\nappointments to the authority in such number and from lists submitted as\nfollows: three members shall be appointed to the authority from a list\nof six names, all of whom shall be residents of the county of Albany,\nfour of which names shall be submitted to the governor by the majority\nparty of the legislature of the county of Albany and two of which names\nshall be submitted by the minority party of such legislature; two\nmembers shall be appointed to the authority from a list of four names,\nall of whom shall be residents of the county of Schenectady, three of\nwhich names shall be submitted to the governor by the majority party of\nthe legislature of the county of Schenectady and one of which names\nshall be submitted by the minority party of such legislature; two\nmembers shall be appointed to the authority from a list of four names,\nall of whom shall be residents of the county of Rensselaer, three of\nwhich names shall be submitted to the governor by the majority party of\nthe legislature of the county of Rensselaer and one of which names shall\nbe submitted by the minority party of such legislature; two members\nshall be appointed to the authority from a list of four names, all of\nwhom shall be residents of the county of Saratoga, three of which names\nshall be submitted to the governor by the majority party of the\nlegislature of the county of Saratoga and one of which names shall be\nsubmitted by the minority party of such legislature.  Other counties\nelecting to participate shall each submit to the governor a list of two\npersons each of whom shall be a resident of such county, one of which\nnames shall be submitted to the governor by the majority party of the\nlegislature of such county and one of which names shall be submitted by\nthe minority party of such legislature, from which number the governor\nshall appoint one member for each such county so electing to\nparticipate. In addition to the members representing each county, the\ngovernor shall appoint one voting member who is a transit dependent\nindividual who resides in a county within the district. Any local or\nstatewide transit advocacy organization may recommend one or more\ntransit dependent individuals to be considered for appointment pursuant\nto this section.\n  (b) The non-voting member of the authority, who shall not be\nconsidered in determining a quorum, shall be recommended to the governor\nby the labor organization representing the plurality of the employees\nwithin the authority and shall be a resident of the Capital District\ntransportation district as described in section thirteen hundred two of\nthis title. The non-voting member shall be appointed for a term of five\nyears, provided, however, that if at any time during the term of\nappointment the non-voting member ceases to be affiliated with the labor\norganization representing the plurality of employees within the\nauthority, then such labor organization may at any time during such term\nrecommend a new member to the governor who shall serve the remainder of\nthe term. If the local bargaining unit decertifies its existing union\naffiliation and certifies a new union, the union which represents the\nplurality of the employees may recommend a new member to the governor\nwho shall serve the remainder of the term. The chairman of the\nauthority, at his or her discretion, may exclude such non-voting member\nfrom attending any portion of a meeting of the authority or of any\ncommittee held for the purpose of discussing negotiations with labor\norganizations, pending litigation involving the labor organization, or\nthe investigation, evaluation, or discipline of an employee.\n  2. The members of the authority shall continue in office until their\nsuccessors are appointed and shall have qualified. One of the members\nappointed from the county of Albany shall be appointed for a term ending\nJuly thirty-first, nineteen hundred seventy-two; one of the members\nappointed from the counties of Albany, Schenectady, Rensselaer and\nSaratoga, respectively, shall be appointed for terms ending July\nthirty-first, nineteen hundred seventy-three, respectively; one of the\nmembers appointed from the counties of Albany, Schenectady, Rensselaer\nand Saratoga, respectively, shall be appointed for terms ending July\nthirty-first, nineteen hundred seventy-four, respectively. The member\n(or members) who is (or are) appointed from the other counties shall be\nappointed for a term (or terms) of five years, but all terminating on\nthe thirty-first day of July of the fifth year. Thereafter, upon\nexpiration of the term of a member of the authority a successor shall be\nappointed by the governor for a term expiring five years after the\nexpiration of the term of his predecessor. If a vacancy shall occur by\nreason of a death, disqualification, resignation or removal of a member,\nthe successor shall be appointed by the governor for the unexpired term\nof, from the same area and by the same procedure as his predecessor.\nMembers of the authority shall, before entering upon the duties of their\noffice, take the constitutional oath of office and file the same in the\noffice of the secretary of state. No person while serving in any\nelective office shall be eligible to serve as a member of the authority.\n  3. The members of the authority shall not receive a salary or other\ncompensation, but each member shall be entitled to reimbursement of\nactual and necessary expenses incurred in the performance of his or her\nofficial duties.\n  4. A majority of the whole number of members of the authority shall\nconstitute a quorum for the transaction of business or the exercise of\nany power of the authority. Except as otherwise specified in this act,\nfor the transaction of any business or the exercise of any power of the\nauthority, the authority shall have power to act by a majority of the\nmembers present at any meeting at which a quorum is in attendance.\n  5. The authority shall organize by the selection from its members of a\nchairman, vice-chairman and secretary. It shall adopt such rules as it\nmay deem necessary and proper for the government of its own proceedings,\nand shall keep a record of such proceedings.\n  6. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  7. Notwithstanding any inconsistent provision of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall be entitled to reimbursement for his actual and necessary expenses\nincurred in the performance of such services.\n  8. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  9. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n  10. Each of the counties that elect to become participating members of\nthe Capital District transportation district may do so by resolution\nadopted by a majority of the membership of its governing body and such\nelection by a county shall take effect upon the filing of a duly\ncertified copy of such resolution with the authority and with the\nsecretary of state, and the mailing of a certified copy thereof to the\ncounty clerk of each county which is granted the power of election under\nthe provisions of this act.\n
N.Y. SOS Law § 367-E — New York Code / Act SOS / Article 5 / Title 11 / Section 367-E
Payment for AIDS home care programs
Status: in_force

§ 367-e. Payment for AIDS home care programs. 1. If an AIDS home care\nprogram as defined under article thirty-six of the public health law is\nprovided in the social services district for which he has authority, the\nlocal social services official, before he authorizes care in a nursing\nhome or intermediate care facility or before he authorizes home health\nservices or personal care services for a person eligible to receive\nservices under this title, shall notify the person in writing of the\nprovisions of this section.\n  2. If a person eligible to receive services under the provisions of\nthis title desires to remain and is deemed by his physician able to\nremain in his own home or the home of a responsible relative or other\nresponsible adult if the necessary services are provided, such person or\nhis representative shall so inform the local social services official.\nIf an AIDS home care program as defined under article thirty-six of the\npublic health law is provided in the social services district for which\nhe has authority, such official shall authorize an assessment under the\nprovision of section three thousand six hundred sixteen of the public\nhealth law. If the results of the assessment indicate that the person\ncan receive the appropriate level of care at home, the official shall\nprepare for that person a plan for the provision of services comparable\nto those that would be rendered in a hospital or residential health care\nfacility, as appropriate for the patient. In developing such plan, the\nofficial shall consult with those persons performing the assessment and\nshall assure that such plan is appropriate to the patient's needs and\nwill result in an efficient use of services. The services shall be\nprovided by a long term home health care program authorized by the\ncommissioner of health under article thirty-six of the public health law\nto provide an AIDS home care program.\n  3. The commissioner shall apply for any waivers, including home and\ncommunity based services waivers pursuant to section nineteen hundred\nfifteen-c of the social security act, necessary to implement AIDS home\ncare programs. Notwithstanding any inconsistent provision of law but\nsubject to expenditure limitations of this section, the commissioner,\nsubject to the approval of the state director of the budget, may\nauthorize the utilization of medical assistance funds to pay for\nservices provided by AIDS home care programs in addition to those\nservices included in the medical assistance program under section three\nhundred sixty-five-a of this chapter, so long as federal financial\nparticipation is available for such services. Expenditures made under\nthis subdivision shall be deemed payments for medical assistance for\nneedy persons and shall be subject to reimbursement by the state in\naccordance with the provisions of section three hundred sixty-eight-a of\nthis chapter.\n  4. No social services district shall make payment for a person\nreceiving an AIDS home care program while payments are being made for\nthat person for inpatient care in a residential health care facility or\nhospital.\n  6. This section shall be effective if, and as long as, federal\nfinancial participation is available.\n
N.Y. VAT Law § 2251 — New York Code / Act VAT / Title 11 / Article 48 / Section 2251
Registration
Status: in_force

§ 2251. Registration. 1. No person shall operate or permit the\noperation of a vessel on the navigable waters of the state, or on any\nother waters within the boundaries of the state, except waters which are\nprivately owned, unless such vessel is registered and numbered and bears\na current validation sticker in accordance with the provisions of this\narticle.\n  2. Issuance and period of validity. The commissioner is authorized to\nregister a vessel, issue a registration certificate, validation sticker\nor stickers and assign a registration number to such vessel. Unless\notherwise prescribed by the commissioner, any such registration shall be\nvalid for a period of three years unless, prior to such expiration date,\nit is surrendered, cancelled, revoked or suspended pursuant to the\nprovisions of this article, or the vessel is transferred to another\nowner.\n  3. Fees. The triennial fee for registration of a vessel shall be:\ntwenty-two dollars and fifty cents if less than sixteen feet in length;\nforty-five dollars if sixteen feet or over but less than twenty-six feet\nin length; seventy-five dollars if twenty-six feet or over.\n  4. Application. The owner of each vessel requiring registration under\nthis section shall present an application for registration to the\ncommissioner, or an agent designated by the commissioner, on a blank to\nbe prepared and furnished by the commissioner for that purpose. Such\napplication shall contain or be accompanied by such evidence of the\nownership of the vessel described in the application as may be required\nby the commissioner.\n  5. Renewal. Every owner of a vessel shall renew his registration at\nsuch times and in such manner as the commissioner shall prescribe, on\npayment of the same registration fees as are provided in subdivision\nthree of this section except that, in implementing the purposes of this\nact, the commissioner may schedule the commencement dates, duration and\nexpiration dates of such renewals to provide for a cycle of registration\nrenewals through the course of a fiscal year. For registrations issued\nfor less than the three year registration period, a portion of a month\nshall be considered a month and the registration fee shall be levied on\na prorated basis.\n  6. Change of address. The owner of any vessel registered pursuant to\nthe provisions of this section shall notify the commissioner in writing\nof any change in his address within ten days after such change occurs\nand the new address of such owner shall be noted by him on the\ncertificate of registration for such vessel.\n  7. Change of ownership. Upon the change in ownership of a vessel\nregistered pursuant to this section, unless otherwise provided by\nregulation of the commissioner, the certificate of registration shall be\nsigned and dated by the owner and surrendered to the new owner and at\nthe same time the commissioner shall be notified by the former owner, in\na manner prescribed by the commissioner, of the name and address of the\npurchaser, the date of transfer and the identification number.\n  8. Destruction, theft, loss or abandonment of vessel. The owner of any\nvessel registered pursuant to the provisions of this section shall\nnotify the commissioner in writing of the destruction, theft, loss or\nabandonment of such vessel within fifteen days thereafter, and in the\nevent of the loss, destruction or abandonment of such vessel, the\ncertificate of registration shall be surrendered with such notice.\n  9. Duplicate certificates of registration or validating stickers. In\nthe event of loss, mutilation or destruction of any certificate of\nregistration or validation sticker, the owner of the registered vessel\nmay file with the department such statement and proof of the facts as\nthe commissioner shall require with a fee of two dollars, with the\ndepartment, for the issuance of a duplicate or substitute.\n
N.Y. PBA Law § 1950 — New York Code / Act PBA / Article 8 / Title 11 / Section 1950
Short title
Status: in_force

§ 1950. Short title. This title may be cited as the "Troy Industrial\nDevelopment Authority Act."\n
N.Y. PBA Law § 1962 — New York Code / Act PBA / Article 8 / Title 11 / Section 1962
Bonds legal investments for public officers
Status: in_force

§ 1962. Bonds legal investments for public officers. The bonds or\nnotes are hereby made securities in which all public officers and bodies\nof this state and all municipalities and municipal subdivisions, all\ninsurance companies and associations and other persons carrying on an\ninsurance business, all banks, bankers, trust companies, savings banks\nand savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, and all other persons whatsoever except\nas hereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem: provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds shall not be eligible for the\ninvestment of funds, including capital, of trusts, estates or\nguardianships under the control of individual administrators, guardians,\nexecutors, trustees and other individual fiduciaries. The bonds or notes\nare also hereby made securities which may be deposited with and shall be\nreceived by all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions for any purpose for which the\ndeposit of bonds or other obligations of this state is now or may\nhereafter be authorized.\n
N.Y. PBA Law § 1277 — New York Code / Act PBA / Article 5 / Title 11 / Section 1277
Station operation and maintenance
Status: in_force

§ 1277. Station operation and maintenance. 1. The operation,\nmaintenance and use of passenger stations shall be public purposes of\nthe city of New York and the counties within the district. The total\ncost to the authority and each of its subsidiary corporations of\noperation, maintenance and use of each passenger station within the\ndistrict serviced by one or more railroad facilities of the authority or\nof such subsidiary corporation, including the buildings, appurtenances,\nplatforms, lands and approaches incidental or adjacent thereto, shall be\nborne by the city of New York if such station is located in such city\nor, if not located in such city, by such county within the district in\nwhich such station is located. On or before June first of each year, the\nauthority shall, in accordance with the method specified herein,\ndetermine and certify to the city of New York and to each county within\nthe district the respective allocation of costs related to the\noperation, maintenance and use of passenger stations within such city\nand each such other county, for the twelve month period ending the\npreceding March thirty-first.\n  a. For the year commencing April first, nineteen hundred ninety-nine,\nthe total payment amount to be billed by the authority for the\noperation, maintenance and use of each passenger station within the city\nof New York and the counties of Nassau, Suffolk, Westchester, Dutchess,\nPutnam, Orange, and Rockland shall be calculated by summing the total\namount listed in the base amount table plus an adjustment to such base\nyear amount equal to the base amount times the increase or decrease in\nthe Consumer Price Index for Wage Earners and Clerical Workers for the\nNew York, Northeastern-New Jersey Standard Metropolitan Statistical Area\nfor the twelve-month period being billed.\n                            BASE AMOUNT TABLE\n       County                                Base Amount\n       Nassau                                $19,200,000\n       Suffolk                               $11,834,091\n       Westchester                           $13,269,310\n       Dutchess                              $ 1,581,880\n       Putnam                                $   618,619\n       Orange                                $   327,247\n       Rockland                              $    34,791\n       City of New York                      $61,435,330\n  b. For each year thereafter, such total payment for each such county\nshall be the same amount as the total payment during the immediately\nprior year, plus an adjustment equal to the prior year amount times the\nincrease or decrease in the Consumer Price Index for Wage Earners and\nClerical Workers for the New York, Northeastern-New Jersey Standard\nMetropolitan Statistical Area for the twelve-month period being billed.\n  2. On or before the following September first, of each year, such city\nand each such county shall pay to the authority such cost or amount so\ncertified to it on or before the preceding June first. Such city and\neach such county shall have power to finance such costs to it by the\nissuance of budget notes pursuant to section 29.00 of the local finance\nlaw. For the year beginning April first, two thousand four, the\nauthority, the city of New York and the counties of Nassau, Suffolk,\nWestchester, Dutchess, Putnam, Orange, and Rockland may, after having\nreached an agreement, recommend to the legislature modifications to the\namounts set forth above based upon changes made to commuter services\nincluding but not limited to changes in the number of passenger stations\nwithin such counties or the level of commuter rail service provided to\nany such passenger stations. Failure between the authority and between\nthe counties to reach agreement will be referred to the state\ncomptroller for mediation. If the mediation is unsuccessful, each party\nand the state comptroller may submit a recommendation to the governor\nand the legislature for legislative action.\n  3. In the event that a city or county shall fail to make payment to\nthe authority for station maintenance as required pursuant to this\nsection, or any part thereof, the chief executive officer of the\nauthority or such other person as the chairman shall designate shall\ncertify to the state comptroller the amount due and owing the authority\nat the end of the state fiscal year and the state comptroller shall\nwithhold an equivalent amount from the next succeeding state aid\nallocated to such county or city from the motor fuel tax and the motor\nvehicle registration fee distributed pursuant to former section one\nhundred twelve of the highway law, or amounts distributed pursuant to\nsection ten-c of the highway law, or per capita local assistance\npursuant to section fifty-four of the state finance law subject to the\nfollowing limitations: prior to withholding amounts due the authority\nfrom such county or city, the comptroller shall pay in full any amount\ndue the state of New York municipal bond bank agency, on account of any\nsuch county's or city's obligation to such agency; the city university\nconstruction fund pursuant to the provisions of the city university\nconstruction fund act; the New York city housing development\ncorporation, pursuant to the provisions of the New York city housing\ndevelopment corporation act (article twelve of the private housing\nfinance law); and the transit construction fund pursuant to the\nprovisions of title nine-A of article five of this chapter. The\ncomptroller shall give the director of the budget notification of any\nsuch payment. Such amount or amounts so withheld by the comptroller\nshall be paid to the authority and the authority shall use such amount\nfor the repayment of the state advances hereby authorized. When such\namount or amounts are received by the authority, it shall credit such\namounts against any amounts due and owing by the city or county on whose\naccount such amount was withheld and paid.\n
N.Y. PBA Law § 1299-TT — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-TT
Interest of members or employees of authority in contracts prohibited
Status: in_force

§ 1299-tt. Interest of members or employees of authority in contracts\nprohibited. It shall be a misdemeanor for a member of the authority or\nan officer, agent, servant or employee employed by or appointed by the\nauthority, to be in any way or manner interested, directly or\nindirectly, as principal, surety or otherwise, in a contract, the\nexpense or consideration whereof is payable out of the funds of the\nauthority.\n
N.Y. PBA Law § 1301 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1301
Definitions
Status: in_force

§ 1301. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section thirteen\nhundred three of this title.\n  2. "Transportation district" and "district" shall mean the Capital\nDistrict transportation district created by section thirteen hundred two\nof this title.\n  3. "Participating county" shall mean any of the counties defined in\nsection thirteen hundred two of this title.\n  4. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  5. "Governor" shall mean the governor of the state of New York.\n  6. "Comptroller" shall mean the comptroller of the state of New York.\n  7. "Director of the budget" shall mean the director of the budget of\nthe state of New York.\n  8. "State" shall mean the state of New York.\n  9. "State agency" shall mean any officer, department, board,\ncommission, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n  10. "Municipality" shall mean a city, town, village or county not\nwholly contained within a city.\n  11. "Municipal corporation" shall mean a city, town, village, county\nnot wholly contained within a city, special transportation district,\npublic benefit corporation or other public corporation, or two or more\nof the foregoing acting jointly.\n  12. "Personal property" shall mean chattels and other tangible things\nof a movable or removable nature.\n  13. "Property" shall mean both real and personal property.\n  14. "Master plan" shall mean the long range regional transportation\nplan for the upper Hudson planning and development region including, but\nnot limited to that prepared by the capital district transportation\nstudy and approved by the commissioner.\n  15. "Joint service arrangement" shall mean agreements between or among\nthe authority and any common carrier or freight forwarder, the state,\nany state agency, the federal government, any other state or agency or\ninstrumentality thereof, any public authority of this or any other\nstate, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, divisions, allowances or charges\n(including charges between operators of railroad, omnibus, marine and\naviation facilities), or rules or regulations pertaining thereto, for or\nin connection with or incidental to transportation in part or upon\nrailroad, omnibus, marine or aviation facilities located within the\ndistrict and in part in or upon railroad, omnibus, marine or aviation\nfacilities located outside the district.\n  16. "Project" shall mean any undertaking by the authority within the\ndistrict including but not limited to port or harbor facilities,\ntransportation properties, access and service roads and bridges, serving\nrailroad, omnibus, marine and air facilities, equipment, appurtenances,\nutilities, airport facilities and any other improvement under authority\njurisdiction within the district.\n  17. "Facility" shall mean, among other things, such properties,\nstructures, appurtenances, utilities, terminals, wharves, docks, piers,\nrailroad trackage, warehouses, elevators, equipment for handling\nfreight, passengers and vehicles and such other works, properties,\nbuildings or allied items necessary or desirable in connection with\ndevelopment, operation, maintenance or improvement of port, airport and\npublic transportation needs for the accommodation, safety or comfort of\nthe public and commercial enterprise for the regional transportation\ndistrict.\n  18. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,\nmarine or surface craft, motors, boilers, engines, and other\ninstrumentalities used or useful therefor or in connection therewith.\n  19. "Omnibus facilities" shall mean motor vehicles, of the type\noperated by carriers subject to the jurisdiction of the public service\ncommission, engaged in the transportation of passengers and their\nbaggage, express and mail between points within the district or pursuant\nto joint service arrangements, and equipment, property, buildings,\nstructures, improvements, loading or unloading areas, parking areas,\nberthing facilities or other facilities, necessary, convenient or\ndesirable for the accommodation of such motor vehicles or their\npassengers, including but not limited to buildings, structures and areas\nnotwithstanding that portions may not be devoted to any omnibus purpose\nother than the production of revenues available for the costs and\nexpenses of all or any facilities of the authority.\n  20. "Railroad facilities" shall mean right-of-way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices and other real estate or personalty used or held for\nor incidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the district or\npursuant to joint service arrangements, including but not limited to\nbuildings, structures, and areas notwithstanding that portions thereof\nmay not be devoted to any railroad purpose other than the production of\nrevenues available for the costs and expenses of all or any facilities\nof the authority.\n  21. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and any\nand all things and rights included within said term and includes not\nonly fees simple absolute but also any and all lesser interests\nincluding but not limited to easements, rights-of-way, uses, leases,\nlicenses and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms for years and\nliens thereon by way of judgments, mortgages or otherwise.\n  22. "Marine and aviation facilities" shall mean equipment and craft\nfor the transportation of passengers, mail and cargo between points from\nand to and within the district or pursuant to joint service\narrangements, by marine craft and aircraft of all types including but\nnot limited to hydrofoils, ferries, lighters, tugs, barges, helicopters,\namphibians, seaplanes or other contrivances now or hereafter used in\nnavigation or movement on waterways or in the navigation of or flight in\nairspace. It shall also mean any airport facility within the\ntransportation district, including but not limited to any facility or\nreal property necessary, convenient or desirable for the landing, taking\noff, accommodation or servicing of such aircraft, and shall include such\nfacilities, property, structures and appurtenances as may be necessary\nor convenient in the operation, maintenance, development or improvement\nof airports including facilities, property, structures, and\nappurtenances, leased by the authority to persons, firms or corporations\nengaged in air transportation or the production or development of\nmaterials, goods or equipment for airports or air transportation or in\nproviding facilities for the accommodation, safety or comfort of the\ntraveling public and for purposes related or incidental to one or more\nof the foregoing purposes. It shall also mean port facilities in the\ntransportation district including, but not limited to, (a) one or more\ndocks, elevators, wharves, piers, bulkheads, slips, basins, harbors,\nrailroad connections, side tracks or sidings, freight terminals,\nwarehouses, bridges, tunnels, and areas for storage of cargoes,\nmaterials, goods, wares, and merchandise of any kind and for the\nloading, unloading, interchange or transfer of any such cargoes,\nmaterials, goods, wares and merchandise; (b) other buildings,\nstructures, facilities or improvements necessary to accommodate\nsteamships or other vessels and their cargoes or passengers; and (c) all\nreal and personal property, driveways, roads, approaches, mechanical\nequipment and all appurtenances and facilities either on, above or under\nthe ground which are necessary, convenient or desirable for the\ndevelopment, control and operation of port facilities in the\ntransportation district.\n  23. "Transportation facility" shall mean any railroad, omnibus,\nmarine, aviation or parking facility and any person, firm, partnership,\nassociation or corporation which owns, leases or operates any such\nfacility or any other facility used for service in the transportation of\npassengers, United States mail or personal property as a common carrier\nfor hire and any portion thereof and the rights, leaseholds or other\ninterest therein together with routes, tracks, extensions, connections,\nparking lots, garages, warehouses, yards, storage yards, maintenance and\nrepair shops, terminals, stations and other related facilities thereof,\nthe devices, appurtenances, and equipment thereof and power plants and\nother instrumentalities used or useful therefor or in connection\ntherewith.\n  24. "Commissioner" shall mean commissioner of transportation of the\nstate of New York.\n  25. "Action plan" shall mean a plan for implementation of improvements\nto such means of public transportation and related services by omnibus,\nrailroad and marine and aviation facilities as the authority may\ncontemplate within the capital district transportation district to\neffectuate the purposes of this act.\n  26. "Transit dependent individual" shall mean an individual who is\nlimited to public transit as their primary mode of transportation\nbecause the individual has a permanent disability.\n
N.Y. SOS Law § 364-A — New York Code / Act SOS / Article 5 / Title 11 / Section 364-A
Cooperation of state departments
Status: in_force

§ 364-a. Cooperation of state departments. 1. There shall be such\ncooperative arrangements, between and among the department of health and\nother state departments and agencies as shall be necessary to assure\nthat the purposes and objectives of this title will be effectively\naccomplished. The commissioner of the department of health shall have\nthe authority to delegate responsibility under this title to other state\ndepartments and agencies and to enter into memoranda of understanding as\nmay be necessary to carry out the provisions of this title.\n  2. Notwithstanding any inconsistent provision of law, the department\nof health shall enter into a cooperative agreement with the office of\nmental health which shall;\n  (i) provide for the office of mental health, on or after the date of\nthe agreement, to administer and supervise the medical care, health\ncare, habilitative, rehabilitative and maintenance services provided\npursuant to this title at residential treatment facilities for children\nand youth licensed by the office of mental health pursuant to article\nthirty-one of the mental hygiene law, and\n  (ii) authorize the office of mental health to perform such\nadministration and supervision, either directly or by contract, as the\noffice of mental health may from time-to-time determine. On or after the\neffective date of such agreement, all of the functions provided for in\nthis title for the administration and supervision of medical care,\nhealth care, habilitative, rehabilitative and maintenance services\nprovided hereunder by residential treatment facilities for children and\nyouth licensed by the office of mental health pursuant to article\nthirty-one of the mental hygiene law shall be performed by the office of\nmental health to the extent permitted by applicable federal law and to\nthe extent that federal reimbursement for such care and services is not\nimpaired. A cooperative agreement previously entered into by the\ndepartment of social services pursuant to this subdivision shall\ncontinue in effect until modified or terminated by the department of\nhealth.\n  * 3. Notwithstanding any inconsistent provision of law, the department\nof health shall enter into a cooperative agreement with the office of\nmental health which shall:\n  (i) provide for the office of mental health, on or after the date of\nthe agreement, to administer and supervise the medical care, health\ncare, habilitative, rehabilitative and maintenance services provided\npursuant to this title at comprehensive psychiatric emergency programs\nlicensed by the office of mental health pursuant to article thirty-one\nof the mental hygiene law, and\n  (ii) authorize the office of mental health to perform such\nadministration and supervision, either directly or by contract, as the\noffice of mental health may determine to be necessary. On or after the\neffective date of such agreement, all of the functions provided for in\nthis title for the administration and supervision of medical care,\nhealth care, habilitative, rehabilitative and maintenance services\nprovided at comprehensive psychiatric emergency programs licensed by the\noffice of mental health pursuant to article thirty-one of the mental\nhygiene law shall be performed by the office of mental health to the\nextent permitted by federal law and to the extent that federal\nreimbursement for such care and services is not impaired. A cooperative\nagreement previously entered into by the department of social services\npursuant to this subdivision shall continue in effect until modified or\nterminated by the department of health.\n  * NB Repealed July 1, 2027\n
N.Y. PBA Law § 1338 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1338
Right of state to require redemption of bonds
Status: in_force

§ 1338. Right of state to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the authority to\nredeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than twenty years after the date of the\nbonds of such issue at one hundred five per centum of their face value\nand accrued interest or at such lower redemption price as may be\nprovided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers published and circulating in the counties of the\ntransportation district, at least twice, the first publication to be at\nleast thirty days before the date of redemption.\n
N.Y. VAT Law § 2410 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2410
Operation by minors
Status: in_force

§ 2410. Operation by minors.  1. Except as provided by subdivision two\nof this section, no person under the age of sixteen years shall operate\nan ATV except upon lands owned or leased by his or her parent or\nguardian, unless he or she is under general supervision of a person\neighteen years of age or over.  "Leased lands" as herein used shall not\ninclude lands leased by an organization of which said operator or his or\nher parent or guardian is a member.\n  2. A person fourteen years of age but less than sixteen years of age\nwho has received safety training as prescribed by the commissioner and\nhas received the appropriate ATV safety certificate issued by the\ncommissioner may operate an ATV in the same manner as a person who is\nsixteen years of age or older.\n  3. The failure of a person to exhibit an ATV safety certificate upon\ndemand to any magistrate or any other officer having authority to\nenforce the provisions of this article shall not be an offense, but\nshall be presumptive evidence that such person is not the holder of such\ncertificate.\n  4. No parent or guardian shall authorize or knowingly permit his child\nor ward, if under sixteen years of age, to operate an ATV in violation\nof any provision of this article, any rules or regulations promulgated\nthereunder, or the provisions of any local law or ordinance.\n  5. No owner or other person in possession of any ATV shall authorize\nor knowingly permit any person under sixteen years of age to operate\nsuch an ATV in violation of any provision of this article, any rules or\nregulations promulgated thereunder, or the provisions of any local law\nor ordinance.\n
N.Y. ENV Law § 54-1105 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1105
State assistance payments for coastal rehabilitation projects
Status: in_force

§ 54-1105. State assistance payments for coastal rehabilitation\n             projects.\n  1. The commissioner is authorized to provide on a competitive basis,\nwithin amounts appropriated, state assistance payments to a municipality\nor a not-for-profit corporation toward the cost of any coastal\nrehabilitation project approved by the commissioner provided that the\ncommissioner determines that future physical climate risk due to sea\nlevel rise, and/or storm surges and/or flooding, based on available data\npredicting the likelihood of future extreme weather events, including\nhazard risk analysis data if applicable, has been considered.\n  2. The commissioner and a municipality or not-for-profit corporation\nmay enter into a contract for the undertaking of a coastal\nrehabilitation project. Such project shall be recommended to the\ncommissioner by the governing body of the municipality or not-for-profit\ncorporation as that term is defined pursuant to subdivision six of\nsection 54-0101, and when approved by the commissioner, undertaken by\nthe municipality or not-for-profit corporation pursuant to this article\nand any other applicable provisions of law.\n  3. State assistance payments shall not exceed fifty percent of the\nproject cost or two million dollars, whichever is less. Such costs are\nsubject to final computation and determination by the commissioner upon\ncompletion of the project, and shall not exceed the maximum eligible\ncost set forth in the contract.\n  4. Prior to processing applications for state assistance payments\ntoward the cost of coastal rehabilitation projects, the commissioner\nshall promulgate rules and regulations which shall include criteria for\ndetermining eligible expenditures and procedures for governing the\ncommitment and disbursement of funds appropriated in accordance with\nthis title. The commissioner shall also promulgate rules and regulations\nwhich shall include application procedures, review processes, and\nproject approval guidelines and criteria consistent with section\n54-1107.\n
N.Y. SOS Law § 369-BB — New York Code / Act SOS / Article 5 / Title 11-C / Section 369-BB
Drug utilization review board
Status: in_force

§ 369-bb. Drug utilization review board.  1. A twenty-three-member\ndrug utilization review board is hereby created in the department. The\nboard is responsible for the establishment and implementation of medical\nstandards and criteria for the retrospective and prospective DUR\nprogram.\n  2. The members of the DUR board shall be appointed by the commissioner\nand shall serve a three-year term. Members may be reappointed upon the\ncompletion of other terms. The membership shall be comprised of the\nfollowing:\n  (a) Six persons licensed and actively engaged in the practice of\nmedicine in the state, with expertise in the areas of mental health,\nHIV/AIDS, geriatrics, pediatrics or internal medicine and who may be\nselected based on input from professional associations and/or advocacy\ngroups in New York state.\n  (b) Six persons licensed and actively practicing in pharmacy in the\nstate who may be selected based on input from professional associations\nand/or advocacy groups in New York state.\n  (c) Two persons with expertise in drug utilization review who are\nhealth care professionals licensed under Title VIII of the education law\nat least one of whom is a pharmacologist.\n  (d) Three persons that are consumers or consumer representatives of\norganizations with a regional or statewide constituency and who have\nbeen involved in activities related to health care consumer advocacy,\nincluding issues affecting Medicaid or EPIC recipients.\n  (e) One person licensed and actively practicing as a nurse\npractitioner or midwife.\n  (f) Two persons who are health care economists.\n  (g) One person who is an actuary.\n  (h) One person representing the department of financial services.\n  (i) The commissioner shall designate a person from the department to\nserve as chairperson of the board.\n  3. The appointed members to the board, or its agents shall have no\nsanctions against them by medicare or medicaid.\n  4. The appointments to this board shall be made so that the length of\nthe terms are staggered. In making the appointments, the commissioner\nshall consider geographic balance in the representation on the board.\n  5. (a) The functions, powers and duties of the former pharmacy and\ntherapeutics committee as established in article two-A of the public\nhealth law shall now be considered a function of the drug utilization\nreview board, including but not limited to:\n  (i) conducting an executive session for the purpose of receiving and\nevaluating drug pricing information related to supplemental rebates, or\nreceiving and evaluating trade secrets, or other information which, if\ndisclosed, would cause substantial injury to the competitive position of\nthe manufacturer; and\n  (ii) evaluating and providing recommendations to the commissioner of\nhealth on other issues relating to pharmacy services under Medicaid or\nEPIC, including, but not limited to: therapeutic comparisons; enhanced\nuse of generic drug products; enhanced targeting of physician\nprescribing patterns; and\n  (iii) collaborating with managed care organizations to address drug\nutilization concerns and to implement consistent management strategies\nacross the fee-for-service and managed care pharmacy benefits.\n  (b) Any business or other matter undertaken or commenced by the\npharmacy and therapeutics committee pertaining to or connected with the\nfunctions, powers, obligations and duties are hereby transferred and\nassigned to the drug utilization review board and pending on the\neffective date of this subdivision, may be conducted and completed by\nthe drug utilization review board in the same manner and under the same\nterms and conditions and with the same effect as if conducted and\ncompleted by the pharmacy and therapeutics committee. All books, papers,\nand property of the pharmacy and therapeutics committee shall continue\nto be maintained by the drug utilization review board.\n  (c) All rules, regulations, acts, orders, determinations, and\ndecisions of the pharmacy and therapeutics committee pertaining to the\nfunctions and powers herein transferred and assigned, in force at the\ntime of such transfer and assumption, shall continue in full force and\neffect as rules, regulations, acts, orders, determinations and decisions\nof the drug utilization review board until duly modified or abrogated by\nthe commissioner of health.\n  6. Members of the DUR utilization review board and all its employees\nand agents shall be deemed to be an "employee" for purposes of section\nseventeen of the public officers law.\n  7. The department shall provide administrative support to the DUR\nboard.\n  8. The duties of the DUR board are as follows:\n  (a) The development and application of the predetermined criteria and\nstandards to be used in retrospective and prospective DUR that ensure\nthat such criteria and standards are based on the compendia and that\nthey are developed with professional input in a consensus fashion with\nprovisions for timely revisions and assessments as necessary. Further,\nthat the DUR standards shall reflect the appropriate practices of\nphysicians in order to monitor:\n  (i) Therapeutic appropriateness;\n  (ii) Overutilization or underutilization;\n  (iii) Therapeutic duplication;\n  (iv) Drug-disease contraindications;\n  (v) Drug-drug interactions;\n  (vi) Incorrect drug dosage or duration of drug treatment; and\n  (vii) Clinical abuse/misuse.\n  (b) The development, selection, application, and assessment of\ninterventions or remedial strategies for physicians, pharmacists, and\nrecipients that are educational and not punitive in nature to improve\nthe quality of care including:\n  (i) Information disseminated to physicians and pharmacists to ensure\nthat physicians and pharmacists are aware of the board's duties and\npowers;\n  (ii) Written, oral, or electronic reminders of patient-specific or\ndrug-specific information that are designed to ensure recipient,\nphysician, and pharmacist confidentiality, and suggested changes in the\nprescribing or dispensing practices designed to improve the quality of\ncare;\n  (iii) Use of face-to-face discussions between experts in drug therapy\nand the prescriber or pharmacist who has been targeted for educational\nintervention;\n  (iv) Intensified reviews or monitoring of selected prescribers or\npharmacists;\n  (v) The creation of an educational program using data provided through\nDUR to provide for active and ongoing educational outreach programs to\nimprove prescribing and dispensing practices as provided in this\nsubdivision. (This may be done directly or through contract with other\nentities);\n  (vi) The timely evaluation of interventions to determine if the\ninterventions have improved the quality of care; and\n  (vii) The review of case profiles prior to the conducting of an\nintervention.\n  (c) The publication of an annual report which shall be subject to the\ndepartment's comment prior to its issuance to the federal department of\nhealth and human services by December first of each year. The annual\nreport also shall be submitted to the governor and the legislature\nbefore December first of each year. The report shall include the\nfollowing information:\n  (i) A description of the activities of the board, including the nature\nand scope of the prospective and retrospective drug use review programs;\n  (ii) A summary of the interventions used;\n  (iii) An assessment of the impact of these educational interventions\nin quality of care;\n  (iv) An estimate of the cost savings generated as a result of such\nprogram; and\n  (v) Recommendations for program improvement.\n  (d) The development of a working agreement for the DUR board with\nrelated boards or agencies, including, but not limited to: the board of\npharmacy, the board of medicine, the SURS staff, and staff of the\ndepartment of health and the office of mental health, in order to\nclarify the areas of responsibility for each where such areas may\noverlap.\n  (e) The establishment of a process where physicians or pharmacists\nwill have the opportunity to submit responses to the DUR educational\nletters.\n  (f) The publication and dissemination of educational information to\nphysicians and pharmacists on the DUR board and the DUR program to\ninclude information on:\n  (i) Identifying and reducing the frequency of patterns of fraud,\nabuse, gross overuse, or inappropriate or medically unnecessary care\namong physicians, pharmacists, and recipients;\n  (ii) Potential or actual severe/adverse reactions to drugs;\n  (iii) Therapeutic appropriateness;\n  (iv) Overutilization or underutilization;\n  (v) Appropriate use of generics;\n  (vi) Therapeutic duplication;\n  (vii) Drug-disease contraindications;\n  (viii) Drug-drug interactions;\n  (ix) Incorrect drug dosage/duration of drug treatments;\n  (x) Drug allergy interactions; and\n  (xi) Clinical abuse/misuse.\n  (g) The evaluation of specific drugs submitted to the board for review\npursuant to section two hundred eighty of the public health law, and the\nformulation of recommended target supplemental rebates, in accordance\nwith the standards established in such section.\n  (h) The adoption and implementation of procedures designed to ensure\nthe confidentiality of any information collected, stored, retrieved,\nassessed or analyzed by the DUR board, staff to the board, or\ncontractors to the DUR program, that identifies individual physicians,\npharmacists, or recipients. The board may have access to identifying\ninformation for purposes of carrying out intervention activities, but\nsuch identifying information may not be released to anyone other than a\nmember of the DUR board or the department and its agents.\n  (i) The improper release of identifying information in violation of\nthis article may subject that person to criminal or civil penalties.\n  (j) The board may release cumulative non-identifying information for\npurposes of legitimate research.\n  9. The relationship of the DUR board to the department is as follows:\n  (a) The department shall monitor the DUR board's compliance to federal\nand state statute and regulation.\n  (b) The DUR board shall serve at the discretion of the commissioner.\n  (c) The department shall have authority on all fiscal matters relating\nto the DUR program.\n  (d) The department shall have authority on all administrative matters\nrelating to the administration of the medical assistance program within\nthe DUR program.\n  (e) The DUR board shall have responsibility for all medical matters\nrelating to the DUR program.\n  (f) The DUR board may utilize medical consultants and review\ncommittees as necessary, subject to department approval.\n
N.Y. PBA Law § 1276-D — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-D
Independent audit by the legislature
Status: in_force

§ 1276-d. Independent audit by the legislature. After the submission\nof the annual independent audit report to the legislature pursuant to\nsection two thousand eight hundred two of this chapter, and after review\nof such report, the temporary president of the senate and the speaker of\nthe assembly may commission an auditing firm, every two years, after the\nyear two thousand nine, to conduct an independent audit of the\nauthority, including its subsidiaries. The temporary president of the\nsenate and the speaker of the assembly shall set the scope of such\naudit, and determine the terms of the request for proposal for such\naudit. Such audit shall be performed for the year two thousand nine. The\nauthority shall fully cooperate with and assist in such an audit.\n
N.Y. RSS Law § 101 — New York Code / Act RSS / Article 2 / Title 11 / Section 101
Reduction or suspension of benefits
Status: in_force

§ 101. Reduction or suspension of benefits. a. If a retired member,\nreceiving a retirement allowance for other than physical disability,\nreturns to active public service, except as otherwise provided in this\nsection or section two hundred eleven or two hundred twelve of this\nchapter, and is eligible for membership in the retirement system, he\nthereupon shall become a member and his retirement allowance shall\ncease. In such event, he shall contribute to the retirement system as if\nhe were a new member. Upon his subsequent retirement he shall:\n  1. Be credited with all member service earned by him since he last\nbecame a member of the retirement system, and\n  2. Receive a retirement allowance which shall consist of:\n  (a) An annuity which is the actuarial equivalent of all his\naccumulated contributions, and\n  (b) The pension including the\npension-providing-for-increased-take-home-pay which he was receiving\nimmediately prior to his last restoration to membership, plus a pension\nincluding the pension-providing-for-increased-take-home-pay based upon\nthe member service credit earned by him since he last became a member.\nSuch latter pensions shall be computed as if he were a new member when\nhe last became a member.\n  Where such member shall have earned at least two years of member\nservice credit after restoration to active service, the total service\ncredit to which he was entitled at the time of his earlier retirement\nmay, at his option, again be credited to him and upon his subsequent\nretirement he shall be credited in addition with all member service\nearned by him subsequent to his last restoration to membership. Such\ntotal service credit to which he was entitled at the time of his earlier\nretirement shall be so credited only in the event that such member\nreturns to the retirement system with regular interest the actuarial\nequivalent of the amount of the retirement allowance he received, or in\nthe event that such amount is not so repaid the actuarial equivalent\nthereof shall be deducted from his subsequent retirement allowance.\n  Notwithstanding the foregoing provisions of this subdivision, a\nretired member who is receiving a retirement allowance for other than\nphysical disability, and who returns to active public service, may elect\nnot to be restored to membership in the retirement system until he has\nrendered one year of service following his return to public service. In\nsuch event his retirement allowance shall be suspended during such year\nof service as provided in subdivision b of this section. Upon\nrestoration to membership following completion of such year of service,\nhis service in such year shall be deemed to be service while a member\nfor purposes of subdivision b of section sixty of this chapter. He may\npurchase member service credit for such year, which shall be deemed\nearned member service credit. This paragraph shall not be construed to\nauthorize the return to public service of any person who is otherwise\nnot eligible therefor on account of having reached age seventy.\n  If a retired member receiving a retirement allowance for other than\nphysical disability, returns to active public service, and is then\nineligible for membership in the retirement system, his retirement\nallowance shall be suspended in the same manner as provided in\nsubdivision b of this section.\n  b. Temporary service.\n  1. The payment of any retirement allowance, or of any benefit in lieu\nthereof, on account of retirement for other than physical disability\nshall be suspended as provided herein, during the time that the\nbeneficiary thereof is in receipt of other compensation paid from direct\nor indirect state or municipal taxes:\n  (a) For temporary government or temporary public service other than\njury duty, or\n  (b) For service pursuant to subdivision d of this section where the\nretired member continues as a beneficiary of the retirement system, or\n  (c) For service pursuant to subdivision e of this section where the\nretired member has not elected to again become a member of the\nretirement system.\n  2. In the case of a retirement allowance, without option, the amount\nof the pension portion, including the\npension-providing-for-increased-take-home-pay, suspended for any period\nshall be equal to the amount of such other compensation for the same\nperiod.\n  3. In the case where an optional benefit in lieu of a retirement\nallowance without option shall have been selected, the pension portion\nthereof, including the pension-providing-for-increased-take-home-pay,\nshall be suspended in such manner as the comptroller shall approve. The\namount so suspended shall be equal to the actuarial equivalent of the\namount by which the pension portion of the retirement allowance,\nincluding the pension-providing-for-increased-take-home-pay, as it would\nbe without option, would be suspended pursuant to paragraph two of this\nsubdivision b. The retired member, however, may pay to the fund or funds\nfrom which the pension portion of his retirement allowance, including\nthe pension-providing-for-increased-take-home-pay, is payable the\ndifference between the suspended portion thereof, without option, and\nthe suspended portion of the optional pension portion of the retirement\nallowance, including the pension-providing-for-increased-take-home-pay,\ngranted to him. In such event any payments to his beneficiary shall be\nmade as if no suspension occurred.\n  4. In the case of a member whose compensation for public service is\nequal to or greater than his final salary as defined herein, the annuity\nportion of his retirement allowance shall be suspended during the period\nthat he is receiving such compensation. In the case of a member whose\ncompensation for public service is less than his final salary as defined\nherein and who has retired without option, he shall be entitled to\nreceive that portion of his annuity computed without option which, when\nadded to his compensation for public service, does not exceed the\naforesaid final salary, except that in the case of a retired judge or\njustice who serves as an official referee he shall receive that portion\nof his annuity computed without option, which when added to the\ncompensation he is receiving from the state shall not exceed such final\nsalary paid by the state. Where an optional benefit has been selected in\nlieu of a retirement allowance without option, the amount of the annuity\nsuspended shall be the actuarial equivalent of the amount that would\nhave been suspended if the retirement allowance had been without option.\nIn such a case the retired member may pay to the fund or funds, from\nwhich the annuity portion of his retirement allowance is payable, the\ndifference between that portion of the annuity which is actually\nsuspended, in accordance with the provisions of this paragraph, and the\ncorresponding portion of the annuity without option. In such event any\npayments to his beneficiary shall be made as if no suspension occurred.\nThe term "final salary", as used in this paragraph, shall mean the\nmaximum salary or compensation which the retired member currently would\nbe receiving in the position from which he last retired, if he had not\nso retired, except in the case of an official referee shall mean his\nfinal average salary had he retired at age seventy. If the position from\nwhich he was so retired has been abolished the comptroller, upon the\nbasis of salary or compensation currently paid in similar or comparable\npositions, shall determine the maximum amount of salary or compensation\nwhich the retired member currently would be receiving in the abolished\nposition.\n  c. Retired judges or justices certified for service as justices of the\nsupreme court.\n  1. In the event that a judge or justice shall:\n  (a) Have retired and is receiving a retirement allowance from this\nretirement system, or another retirement system of which he was a\nmember, and\n  (b) Be certified for service as a justice of the supreme court\npursuant to section one hundred fourteen or one hundred fifteen of the\njudiciary law, his retirement allowance shall cease. He thereupon again\nshall become a member of the retirement system of which he formerly was\na member. In such event he shall contribute, as if he were a new member,\nto the annuity savings fund of this retirement system or to the\nequivalent fund of such other retirement system.\n  2. Upon his subsequent retirement he shall:\n  (a) Be credited by the appropriate retirement system with all member\nservice earned by him since he last became a member thereof, and\n  (b) Receive a retirement allowance from such system which shall\nconsist of:\n  (1) An annuity which is the actuarial equivalent of all of the\nmember's accumulated contributions, and\n  (2) The pension, including the\npension-providing-for-increased-take-home-pay, which he was receiving\nimmediately prior to his last restoration to membership, plus a pension,\nincluding the pension-providing-for-increased-take-home-pay, based upon\nthe member service credit earned by him since he last became a member.\nSuch latter pensions shall be computed as if he were a new member when\nhe last became a member.\n  3. The provisions of this subdivision c shall be controlling\nnotwithstanding any other provision of this chapter.\n  d. Election or appointment of retired members to certain public\noffices.\n  1. A retired member, unless otherwise disqualified, shall be eligible\nto:\n  (a) Election to a state office, or\n  (b) Appointment to fill a vacancy in an elective state office, or\n  (c) Appointment as an official referee.\n  2. In the event a retired member is so elected, except a retired\nmember so elected and who is receiving less than ten thousand dollars in\nretirement allowance or benefit payments in any one year, or appointed,\nor so qualifies, he may:\n  (a) Upon written notice to the comptroller, receive from the\nretirement system the then present value of the annuity earned by his\naccumulated contributions, and upon receipt thereof cease to be a\nbeneficiary of the retirement system, or\n  (b) Continue as a beneficiary of the retirement system, but with\npayments of any retirement allowance or any benefit in lieu thereof, on\naccount of retirement for other than physical disability, suspended\nduring the time he is in receipt of compensation for state or public\nservice. Such suspension shall be governed by the provisions of\nparagraphs two, three and four of subdivision b of this section.\n  3. The provisions of section one hundred fifty of the civil service\nlaw shall govern with respect to state and local elective public\nofficers.\n  e. Legislative officers and employees.\n  In the case of any person who shall have retired after having served\nas an officer or employee of the legislature for a period in excess of\nfifteen years and whose return to active service shall be requested, in\na written certificate of and filed with the comptroller by:\n  1. The president pro tem of the senate, if the service be in the\nsenate, or\n  2. The speaker of the assembly, if the service be in the assembly, or\n  3. Both such officers, if the service be under the jurisdiction of the\nsenate and assembly jointly, except that the president of the senate and\nthe speaker of the assembly shall be authorized to make such request in\na case where they are empowered to make such an appointment,\nthe provisions of subdivision a of this section shall not be applicable\nunless the officer or employee so returned to active service shall file\nwith the comptroller, within thirty days thereafter, a written notice\nthat he elects to be subject to the provisions thereof. In the event he\ndoes not so elect, the provisions of subdivision b of this section shall\nbe applicable to him.\n
N.Y. PBA Law § 1951 — New York Code / Act PBA / Article 8 / Title 11 / Section 1951
Definitions
Status: in_force

§ 1951. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the Troy Industrial Development\nAuthority, the corporation created by section nineteen hundred fifty-two\nof this title;\n  2. The term "board" shall mean the members of the authority;\n  3. The term "city" shall mean the city of Troy;\n  4. The term "bonds" shall mean the bonds, notes, interim certificates\nand other obligations or evidences of indebtedness issued by the\nauthority pursuant to this title;\n  5. The term "project" shall mean any land in one or more areas of the\ncity and any building, structure, facility or other improvement thereon,\nincluding, but not limited to machinery and equipment and all real and\npersonal property deemed necessary in connection therewith, whether or\nnot now in existence or under construction, which shall be necessary or\nsuitable for manufacturing, warehousing, research, commercial or\nindustrial purposes and which may include or mean an industrial\npollution control facility.\n  6. The term "project occupant" shall mean the industrial manufacturing\nor commercial enterprise which proposes to use a project, as defined in\nsubdivision five of this section, undertaken by the authority.\n  7. The term "revenues" shall mean any revenues, rents, fees or other\ncharges derived by or on behalf of the authority from any project.\n  8. The term "state" shall mean the state of New York.\n  9. The term "industrial pollution control facility" shall mean any\nequipment, improvement, structure or facility or any land and any\nbuilding, structure, facility or other improvement thereon, or any\ncombination thereof, and all real and personal property deemed necessary\ntherewith, which are not of a character or nature then or formerly\nfurnished or supplied by the city, having to do with or the end purpose\nof which is the control, abatement or prevention of land, sewer, water,\nair, noise or general environmental pollution deriving from the\noperation of industrial, manufacturing, warehousing, commercial and\nresearch facilities, including, but not limited to any air pollution\ncontrol facility, noise abatement facility, water management facility,\nwaste water collecting system, waste water treatment works, sewage\ntreatment works system, sewage treatment system or solid waste disposal\nfacility or site.\n  11. "Financial assistance" shall mean the proceeds of bonds issued by\nthe authority, straight-leases, or exemptions from taxation claimed by a\nproject occupant as a result of the authority taking title, possession\nor control (by lease, license or otherwise) to the property or equipment\nof such project occupant or of such project occupant acting as an agent\nof the authority.\n  12. "Straight-lease transaction" shall mean a transaction in which the\nauthority takes title, possession or control (by lease, license or\notherwise) to the property or equipment of a project occupant, entitling\nsuch property or equipment to be exempt from taxation according to the\nprovisions of section nineteen hundred sixty-three of this title, and no\nfinancial assistance in the form of the proceeds of bonds issued by the\nauthority is provided to the project occupant.\n  13. "Affected tax jurisdiction" shall mean any municipality or school\ndistrict, in which a project is located, which will fail to receive real\nproperty tax payments, or other tax payments which would otherwise be\ndue, except for the tax exempt status of the authority involved in a\nproject.\n  14. "Payments in lieu of taxes" shall mean any payment made to an\nagency, or affected tax jurisdiction, equal to the amount, or a portion,\nof real property taxes, or other taxes, which would have been levied by\nor on behalf of an affected tax jurisdiction if the project was not tax\nexempt by reason of authority involvement.\n  15. "Highly distressed area" means (a) a census tract or tracts or\nblock numbering areas or areas or such census tract or block numbering\narea contiguous thereto which, according to the most recent census data\navailable, has:\n  (i) a poverty rate of at least twenty percent for the year to which\nthe data relates or at least twenty percent of households receiving\npublic assistance; and\n  (ii) an unemployment rate of at least 1.25 times the statewide\nunemployment rate for the year to which the data relates; or\n  (b) a city, town, village or county within a city with a population of\none million or more for which: (i) the ratio of the full value property\nwealth, as determined by the comptroller for the year nineteen hundred\nninety, per resident to the statewide average full value property wealth\nper resident; and (ii) the ratio of the income per resident; as shown in\nthe nineteen hundred ninety census to the statewide average income per\nresident; are each fifty-five percent or less of the statewide average;\nor\n  (c) an area which was designated an empire zone pursuant to article\neighteen-B of the general municipal law.\n
N.Y. VAT Law § 2258 — New York Code / Act VAT / Title 11 / Article 48 / Section 2258
Rules and regulations
Status: in_force

§ 2258. Rules and regulations. The commissioner is hereby empowered to\nmake such rules and regulations as he may deem necessary to carry out\nthe provisions of this article.\n
N.Y. SOS Law § 367-Q — New York Code / Act SOS / Article 5 / Title 11 / Section 367-Q
Personal care services worker recruitment and retention program
Status: in_force

§ 367-q. Personal care services worker recruitment and retention\nprogram. 1. The commissioner of health shall, subject to the\navailability of federal financial participation adjust personal care\nservices medical assistance rates of payment established pursuant to\nthis title for personal care services providers located in local social\nservice districts which do not include a city with a population of over\none million persons in accordance with subdivisions two and three of\nthis section for purposes of improving recruitment and retention of\npersonal care services workers or any worker with direct patient care\nresponsibility in the following aggregate amounts for the following\nperiods:\n  (a) for the period April first, two thousand two through December\nthirty-first, two thousand two, seven million dollars;\n  (b) for the period January first, two thousand three through December\nthirty-first, two thousand three, fourteen million dollars;\n  (c) for the period January first, two thousand four through December\nthirty-first, two thousand four, twenty-one million dollars;\n  (d) for the period January first, two thousand five through December\nthirty-first, two thousand five, twenty-seven million dollars;\n  (e) for the period January first, two thousand six through December\nthirty-first, two thousand six, thirty-one million dollars, provided\nhowever that for the period August first, two thousand six through\nDecember thirty-first, two thousand six, such rate adjustments shall be\nincreased by an additional aggregate amount of four million dollars;\n  (f) for the period January first, two thousand seven through June\nthirtieth, two thousand seven, thirteen million five hundred thousand\ndollars;\n  (g) for the period July first, two thousand seven through March\nthirty-first, two thousand eight, twenty-six million two hundred fifty\nthousand dollars;\n  (h) for the period April first, two thousand eight through March\nthirty-first, two thousand nine, twenty-eight million five hundred\nthousand dollars;\n  (i) for the period April first, two thousand nine through March\nthirty-first, two thousand ten, twenty-eight million five hundred\nthousand dollars;\n  (j) for the period April first, two thousand ten through March\nthirty-first, two thousand eleven, twenty-eight million five hundred\nthousand dollars;\n  (k) for the period April first, two thousand eleven through March\nthirty-first, two thousand twelve, twenty-eight million five hundred\nthousand dollars;\n  (l) for the period April first, two thousand twelve through March\nthirty-first, two thousand thirteen, up to twenty-eight million five\nhundred thousand dollars;\n  (m) for the period April first, two thousand thirteen through March\nthirty-first, two thousand fourteen, up to twenty-eight million five\nhundred thousand dollars;\n  (n) for the period April first, two thousand fourteen through March\nthirty-first, two thousand fifteen, up to twenty-eight million five\nhundred thousand dollars;\n  (o) for the period April first, two thousand fifteen through March\nthirty-first, two thousand sixteen, up to twenty-eight million five\nhundred thousand dollars; and\n  (p) for the period April first, two thousand sixteen through March\nthirty-first, two thousand seventeen, up to twenty-eight million five\nhundred thousand dollars;\n  (q) for the period April first, two thousand seventeen through March\nthirty-first, two thousand eighteen, up to twenty-eight million five\nhundred thousand dollars;\n  (r) for the period April first, two thousand eighteen through March\nthirty-first, two thousand nineteen, twenty-eight million five hundred\nthousand dollars;\n  (s) for the period April first, two thousand nineteen through March\nthirty-first, two thousand twenty, twenty-eight million five hundred\nthousand dollars;\n  (t) for the period April first, two thousand twenty through March\nthirty-first, two thousand twenty-one, up to twenty-eight million five\nhundred thousand dollars;\n  (u) for the period April first, two thousand twenty-one through March\nthirty-first, two thousand twenty-two, up to twenty-eight million five\nhundred thousand dollars;\n  (v) for the period April first, two thousand twenty-two through March\nthirty-first, two thousand twenty-three, up to twenty-eight million five\nhundred thousand dollars;\n  (w) for the period April first, two thousand twenty-three through\nMarch thirty-first, two thousand twenty-four, up to twenty-eight million\nfive hundred thousand dollars;\n  (x) for the period April first, two thousand twenty-four through March\nthirty-first, two thousand twenty-five, up to twenty-eight million five\nhundred thousand dollars;\n  (y) for the period April first, two thousand twenty-five through March\nthirty-first, two thousand twenty-six, up to twenty-eight million five\nhundred thousand dollars;\n  (z) for the period April first, two thousand twenty-six through March\nthirty-first, two thousand twenty-seven, up to twenty-eight million five\nhundred thousand dollars;\n  (aa) for the period April first, two thousand twenty-seven through\nMarch thirty-first, two thousand twenty-eight, up to twenty-eight\nmillion five hundred thousand dollars;\n  (bb) for the period April first, two thousand twenty-eight through\nMarch thirty-first, two thousand twenty-nine, up to twenty-eight million\nfive hundred thousand dollars.\n  2. Such adjustments to rates of payments shall be allocated\nproportionally based on each personal care services providers' total\nannual hours of personal care services provided, as reported in each\nsuch provider's nineteen hundred ninety-nine cost report as submitted to\nthe department of health prior to November first, two thousand one,\nprovided, however, that for periods on and after July first, two\nthousand seven, such payments shall be in the form of a percentage\nadd-on to rates of payments of eligible providers based on the\nproportion of each personal care services providers' total annual hours\nof personal care services provided to recipients of medical assistance\nto the total annual hours of personal care services provided by such\nproviders.\n  3. Payments made pursuant to this section shall not be subject to\nsubsequent adjustment or reconciliation.\n  4. Personal care services providers which have their rates adjusted\npursuant to this section shall use such funds for the purpose of\nrecruitment and retention of non-supervisory personal care services\nworkers or any worker with direct patient care responsibility only and\nare prohibited from using such funds for any other purpose. Each such\npersonal care services provider shall submit, at a time and in a manner\nto be determined by the commissioner of health, a written certification\nattesting that such funds will be used solely for the purpose of\nrecruitment and retention of non-supervisory personal care services\nworkers or any worker with direct patient care responsibility. The\ncommissioner of health is authorized to audit each such provider to\nensure compliance with the written certification required by this\nsubdivision and shall recoup any funds determined to have been used for\npurposes other than recruitment and retention of non-supervisory\npersonal care services workers or any worker with direct patient care\nresponsibility. Such recoupment shall be in addition to any other\npenalties provided by law.\n
N.Y. PBA Law § 1270-E — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-E
Implementation of the Transportation Infrastructure Bond Act of 2000
Status: in_force

* § 1270-e. Implementation of the Transportation Infrastructure Bond\nAct of 2000. 1. In accordance with the provisions of the Transportation\nInfrastructure Bond Act of 2000 authorizing the creation of general\nobligation debt in the amount of three billion eight hundred million\ndollars ($3,800,000,000), the moneys received by the state from the sale\nof the bonds and/or notes shall be expended for uses eligible pursuant\nto the Transportation Infrastructure Bond Act of 2000 pursuant to annual\nappropriations as follows:\n  (a) One billion nine hundred million dollars ($1,900,000,000) as\nauthorized by paragraph (a) of subdivision two of section four hundred\nseventy of the transportation law;\n  (b) Three hundred million dollars ($300,000,000) as authorized by\nparagraph (b) of subdivision two of section four hundred seventy of the\ntransportation law; and\n  (c) One billion six hundred million dollars ($1,600,000,000) as\nauthorized by subdivision two of this section.\n  2. One billion six hundred million dollars of moneys received by the\nstate from the sale of bonds and/or notes sold pursuant to the\nTransportation Infrastructure Bond Act of 2000 for uses eligible\npursuant to subdivision c of section four of the Transportation\nInfrastructure Bond Act of 2000 shall be expended pursuant to annual\nappropriations for the construction, reconstruction, replacement,\nimprovement, reconditioning, rehabilitation and preservation including\nengineering, construction management, the preparation of designs, plans,\nspecifications, estimates, environmental impact statements, appraisals\nand surveys, and the acquisition of real property and interests therein\nand site preparation and clearances, required or expected to be required\nin connection therewith, of urban and commuter passenger and freight\nrail, omnibus, mass transit and rapid transit systems, facilities and\nequipment, including acquisition, and including the full-length Second\nAvenue subway and the Long Island Rail Road East-Side access project,\nall of which are capital elements described in the two thousand--two\nthousand four capital program plans approved by the metropolitan\ntransportation authority capital program review board.\n  3. All actions taken by the authority in connection with the receipt\nand expenditure of moneys received from the state from the sale of bonds\npursuant to the Transportation Infrastructure Bond Act of 2000 shall be\nreviewed for consistency with provisions of the federal internal revenue\ncode and regulations thereunder, in accordance with procedures\nestablished in connection with the issuance of any such tax exempt\nbonds, to preserve the tax exempt status of such bonds.\n  * NB Not effective due to defeat of the Transportation Bond Act of\n2000\n
N.Y. RSS Law § 102 — New York Code / Act RSS / Article 2 / Title 11 / Section 102
Recovery of disability beneficiaries
Status: in_force

§ 102. Recovery of disability beneficiaries. a. Once each year\nfollowing the retirement of a member on a disability allowance, the\ncomptroller may, and, upon the beneficiary's application, shall require\nsuch disability beneficiary to undergo a medical examination. Such\nexamination shall be made at the place of residence of such beneficiary,\nor at any other place mutually agreed upon by the comptroller and such\nbeneficiary. In the event that any such disability beneficiary shall\nrefuse to submit to a medical examination, the pension portion of his\nretirement allowance, including the\npension-providing-for-increased-take-home-pay, shall be discontinued\nuntil his withdrawal of such refusal. If such refusal shall continue for\none year, all his rights in and to his pension shall be forfeited.\n  b. The pension, including the pension-providing-for-increased-take-\nhome-pay, of a disability beneficiary shall be reduced in the event that\nany such disability beneficiary is engaged in a gainful occupation\npaying more than the difference between his retirement allowance, as it\nwould be without optional modification and if not reduced by the\nactuarial equivalent of any outstanding loan and if not increased by the\nactuarial equivalent of any additional contributions, and his final\nsalary. Such reduction shall be to a sum which, when added to an\nannuity, as so computed, plus the amount so earnable by him, shall equal\nhis final salary. If his earning capacity thereafter changes, his\npension may be further altered. Any such altered pension shall not\nexceed:\n  1. The pension, including the pension-providing-for-increased-take-\nhome-pay, originally granted to such beneficiary, nor\n  2. An amount which, when added to an annuity, as so computed, plus the\nsum earned by him, shall equal his final salary.\n  In the case where an optional benefit has been selected, such\nreduction shall be the same as the reduction would have been without\noptional modification. Where such reduction is greater than the pension,\nincluding the pension-providing-for-increased-take-home-pay, payable\nunder the option selected, the excess may be paid by the pensioner into\nthe funds of the system, in which case the benefit due under the option\nshall be paid as if no reduction had occurred. If such excess is not\npaid by the pensioner, the benefit otherwise due under the option shall\nbe reduced by the actuarial equivalent of such excess. In no event shall\nthe payment to the funds be greater than the difference between the\npension, including the pension-providing-for-increased-take-home-pay,\nwithout optional modification and the pension, including the pension-\nproviding-for-increased-take-home-pay, under the option selected. The\npension, including the pension-providing-for-increased-take-home-pay of\na disability pensioner, shall not be reduced after he has attained the\nmandatory retirement age applicable to him or shall have attained the\nage or performed the period of service specified by applicable law for\neligibility for a service retirement benefit.\n  c. In the event that the comptroller shall determine that a disability\nbeneficiary is able to engage in a gainful occupation, he shall, if such\nbeneficiary so requires, certify the name of such beneficiary to the\nstate civil service department or appropriate civil service commission.\nThe state civil service department or such municipal commission shall\nplace the name of such beneficiary, as a preferred eligible, on the\nappropriate eligible lists prepared by it for positions for which such\nbeneficiary is stated to be qualified in a salary grade not exceeding\nthat from which he was last retired. If any such beneficiary shall be\noffered a position as a result of the placing of his name on any such\ncivil service list, the amount of his disability pension, including the\npension-providing-for-increased-take-home-pay, shall be reduced. Such\nreduction shall be to an amount which, when added to the amount earned\nor earnable by him in such position, shall not exceed his final salary.\nA disability beneficiary restored to active service shall not be\neligible to membership in the retirement system so long as he receives\nany pension, including the\npension-providing-for-increased-take-home-pay.\n  d. In the event that a disability beneficiary is restored to active\nservice of an employer, at a salary equal to or in excess of his final\nsalary, his retirement allowance shall cease. Such person thereupon\nagain shall become a member of the retirement system. He thereafter\nshall contribute to the retirement system in the same manner as and at\nthe same rate that he paid prior to his disability retirement. The total\nservice credit, to which he was entitled at the time of such retirement,\nagain shall be credited to him. Upon his subsequent retirement, he shall\nbe credited, in addition, with all member service earned by him\nsubsequent to his last restoration to membership.\n  e. In the event that a disability retiree is restored to active\nservice of an employer, at a salary less than his final salary but equal\nto or in excess of the current minimum salary for the position from\nwhich he was last retired for disability, such person, if he so elects,\nshall again become a member of the retirement system and his retirement\nallowance shall cease. He thereafter shall contribute to the retirement\nsystem in the same manner as and at the same rate that he paid prior to\nhis disability retirement. The total service credit, to which he was\nentitled at the time of such retirement, again shall be credited to him.\nUpon his subsequent retirement, he shall be credited, in addition, with\nall member service earned by him subsequent to his last restoration to\nmembership.\n  e-1. Notwithstanding any other provision of this section or any other\nprovision of law, a retiree of any New York state police or fire\nretirement system on a disability allowance who returns to gainful\nemployment as an elected public official shall continue to receive the\nfull amount of his or her retirement allowance, including the\npension-providing-for-increased-take-home-pay.\n  f. Notwithstanding any other provision of this article, the term\n"final salary", as used in this section, shall mean the maximum salary\nor compensation which the retired member currently would be receiving in\nthe position next higher from which he was last retired for disability,\nif he had not been so retired, provided, however, that if the position\nfrom which he was so retired has been abolished, the comptroller, upon\nthe basis of salary or compensation currently paid by the retired\nmember's last employer to persons in similar or comparable positions,\nshall determine, for the purposes of this section, the maximum amount of\nsalary or compensation which such retired member currently would be\nreceiving in such position.\n
N.Y. PBA Law § 1965 — New York Code / Act PBA / Article 8 / Title 11 / Section 1965
Remedies of bondholders
Status: in_force

§ 1965. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Rensselaer and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purposes herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, 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 to collect\nrevenues adequate to carry out any agreement as to, or pledge of, such\nrevenues, and to require the authority to carry out any other agreements\nwith the holders of such bonds and to perform its duties under this\ntitle;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding, enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bond-holders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of\nRensselaer.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\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 bondholders in the enforcement and protection of their\nrights.\n
N.Y. SOS Law § 368-E — New York Code / Act SOS / Article 5 / Title 11 / Section 368-E
Reimbursement to counties for pre-school children with handicapping conditions
Status: in_force

§ 368-e. Reimbursement to counties for pre-school children with\nhandicapping conditions. 1. The department of health shall review claims\nfor expenditures made by counties and the city of New York for medical\ncare, services and supplies which are furnished to preschool children\nwith handicapping conditions or such preschool children suspected of\nhaving handicapping conditions, as such children are defined in the\neducation law. If approved by the department, payment for such medical\ncare, services and supplies which would otherwise qualify for\nreimbursement under this title and which are furnished in accordance\nwith this title and the regulations of the department to such children,\nshall be made in accordance with the department's approved medical\nassistance fee schedules by payment to such county or city which\nfurnished the care, services or supplies either directly or by contract.\nNotwithstanding any provisions of law, rule or regulation to the\ncontrary, any clinic or diagnostic and treatment center licensed under\narticle twenty-eight of the public health law, which as determined by\nthe state education department, in conjunction with the department of\nhealth, has a less than arms length relationship with the provider\napproved under section forty-four hundred ten of the education law\nshall, subject to the approval of the department and based on standards\ndeveloped by the department, be authorized to directly submit such\nclaims for medical assistance, services or supplies so furnished for any\nperiod beginning on or after July first, nineteen hundred ninety-seven.\nThe actual full cost of the individualized education program (IEP)\nrelated services incurred by the clinic shall be reported on the New\nYork State Consolidated Fiscal Report in the education law section\nforty-four hundred ten program cost center in which the student is\nplaced and the associated medical assistance revenue shall be reported\nin the same manner.\n  2. Claims for payment under this section shall be made in such form\nand manner, at such times, and for such periods as the department may\nrequire.\n  3. The commissioner of health is authorized to contract with one or\nmore entities to conduct a study to determine actual direct and indirect\ncosts incurred by counties for medical care, services and supplies,\nincluding related special education services and special transportation,\nfurnished to pre-school children with handicapping conditions.\n  4. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner of health is authorized to enter into a contract or\ncontracts under subdivision three of this section without a competitive\nbid or request for proposal process, provided, however, that:\n  (a) The department of health shall post on its website, for a period\nof no less than thirty days:\n  (i) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n  (ii) The criteria for selection of a contractor or contractors;\n  (iii) The period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (iv) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n  (b) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner of health; and\n  (c) The commissioner of health shall select such contractor or\ncontractors that, in his or her discretion, are best suited to serve the\npurposes of this section.\n  (d) Upon selection of a contractor or contractors, the department of\nhealth shall provide written notification of such selection and a\nsummary of the criteria employed in such selection to the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n  5. The commissioner shall evaluate the results of the study conducted\npursuant to subdivision three of this section to determine, after\nidentification of actual direct and indirect costs incurred by counties\nfor medical care, services, and supplies furnished to pre-school\nchildren with handicapping conditions, whether it is advisable to claim\nfederal reimbursement for expenditures under this section as certified\npublic expenditures. In the event such claims are submitted, if federal\nreimbursement received for certified public expenditures on behalf of\nmedical assistance recipients whose assistance and care are the\nresponsibility of a social services district, results in a decrease in\nthe state share of annual expenditures pursuant to this section for such\nrecipients, then to the extent that the amount of any such decrease when\ncombined with any decrease in the state share of annual expenditures\ndescribed in subdivision six of section three hundred sixty-eight-d of\nthis title exceeds one hundred fifty million dollars for the period\nApril 1, 2011 through March 31, 2013, or exceeds one hundred million\ndollars in state fiscal years 2013-14 and 2014-15, the excess amount\nshall be transferred to such counties in amounts proportional to their\npercentage contribution to the statewide savings; an amount equal to\nthirteen and five hundredths percent of any decrease in the state share\nof annual expenditures pursuant to this section for such recipients in\nstate fiscal year 2015-16 and any fiscal year thereafter shall be\ntransferred to such counties in amounts proportional to their percentage\ncontribution to the statewide savings. Any amount transferred pursuant\nto this section shall not be considered a revenue received by such\nsocial services district in determining the district's actual medical\nassistance expenditures for purposes of paragraph (b) of section one of\npart C of chapter fifty-eight of the laws of two thousand five.\n  The provisions of this section shall be of no force and effect unless\nall necessary approvals under federal law and regulation have been\nobtained to receive federal financial participation in the costs of\nhealth care services provided pursuant to this section.\n
N.Y. SOS Law § 367-G — New York Code / Act SOS / Article 5 / Title 11 / Section 367-G
Authorization and provision of personal emergency response services
Status: in_force

§ 367-g. Authorization and provision of personal emergency response\nservices. 1. Personal care services and home health services shall\ninclude, where appropriate as determined by the social services\ndistrict, the provision of personal emergency response services and\nshared aide services pursuant to the provisions of subdivision two of\nsection three hundred sixty-five-a of this chapter. For the purpose of\nthis section, "personal emergency response services" shall mean (a) the\nprovision and maintenance of electronic communication equipment in the\nhome of an individual which signals a monitoring agency for help when\nactivated by the individual, or after a period of time if a timer\nmechanism has not been reset, or by any other activating method; and (b)\nthe continuous monitoring of such signals by a trained operator and, in\ncase of receipt of such signal, the immediate notification of such\nemergency response organizations or persons, if necessary, as the\nindividual has previously specified.\n  2. The commissioner shall maintain standards for social services\ndistrict's use and approval of personal emergency response services and\nshared aide services, which shall include, but need not be limited to\ndepartment standards:\n  (a) for the personal emergency response system equipment used to\nensure its reliability and appropriate design for the purpose;\n  (b) providing that use of personal emergency response services or\nshared aide services are part of a plan of care for the recipient that\nis based on the comprehensive assessment that such recipient has a\nmedical condition, disability or impairment that warrants use of the\nservice;\n  (c) requiring that the provider of the personal emergency response\nservice have sufficient qualifications and expertise, adequate\ninformation on the client and the plan of care, and the capacity to\nprovide timely information on calls received to the social services\ndistrict or its designee;\n  (d) for coordination between the social services districts and the\nemergency response organization, as well as guidelines for regular\nupdating of information on recipients receiving such service;\n  (e) with respect to appropriate supervision and safety for recipients\nreceiving personal emergency response service or shared aide services;\n  (f) assuring that the assessment determines that the recipient can\nadequately utilize the personal emergency response system;\n  (g) assuring that personal emergency response services or shared aide\nservices are medically appropriate, can meet the needs of the recipient\nfor home care tasks, ensure the quality of the recipient's care and will\nnot jeopardize the health or safety of the recipient;\n  (h) for determining the geographic appropriateness, in relation to\nstaffing, of providing shared aide services and assuring that providers\nof home care services and districts consider the impact of the site\nselection on the staff who will be assigned to work at a shared aide\nsite and that such staff, and any employee organization representing\nsuch staff where appropriate, are consulted with respect to the\nmanagement and operation of a shared aide site;\n  (i) assuring that social services districts have a plan for providing\ninformation to consumers and their representatives concerning personal\nemergency response services and shared aide services, including\ninformation on how to express concerns about the service which they are\nreceiving.\n  3.  The department shall establish and issue the standards required\nunder subdivision two hereof to social services districts on or before\nthe first day of August of nineteen hundred ninety-five, after first\nseeking public comment thereon.  The department, after consultation with\nrepresentatives of social services districts, home health and personal\ncare provider agencies and workers, providers of personal emergency\nresponse services and elderly or disabled persons who are receiving such\nservices shall prepare a report to the governor and the legislature by\nApril first, nineteen hundred ninety-six outlining any changes which are\ndeemed appropriate to the standards for personal emergency response\nservices and shared aide services which have been established by the\ndepartment.\n
N.Y. PBA Law § 1299-H — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-H
Co-operation and assistance of other agencies
Status: in_force

§ 1299-h. Co-operation and assistance of other agencies. --1. To avoid\nduplication of effort and in the interests of economy, the authority may\nmake use of existing studies, surveys, plans, data and other materials\nin the possession of any state agency or any municipality or political\nsubdivision of the state. Each such agency, municipality or subdivision\nis hereby authorized to make the same available to the authority and\notherwise to assist it in the performance of its functions. At the\nrequest of the authority, each such agency, municipality or subdivision\nwhich is engaged in highway or other transportation activities or in\nland use or development planning, or which is charged with the duty of\nproviding or regulating any transportation facility or any other public\nfacility, is further authorized to provide the authority with\ninformation regarding its plans and programs affecting the\ntransportation district so that the authority may have available to it\ncurrent information with respect thereto. The officers and personnel of\nsuch agencies, municipalities or subdivisions, and of any other\ngovernment or agency whatever, may serve at the request of the authority\nupon such advisory committees as the authority shall determine to create\nand such officers and personnel may serve upon such committees without\nforfeiture of office or employment and with no loss or diminution in the\ncompensation, status, rights and privileges which they otherwise enjoy.\n  2. Notwithstanding any contrary provision of law, every municipality\nin this transportation district is authorized and empowered to consent\nto the use by the authority of any real or personal property owned by\nany such municipality and necessary, convenient or desirable in the\nopinion of the authority for any of the facilities or projects\nauthorized under this title, including such real property as has already\nbeen devoted to a public use, and as an incident to such consent, to\nlease or otherwise transfer and convey to the authority any such real or\npersonal property upon such terms as may be determined by the authority\nand any such municipality. Every such municipality is also authorized\nand empowered, as an incident to such consent, to vest in the authority\nthe control, possession, operation, maintenance, rents, charges and any\nand all other revenues of any facilities now owned by any such\nmunicipality, the title to such facilities remaining in such\nmunicipality.\n  3. Notwithstanding any contrary provision of law, every municipality\nin the transportation district may, by ordinance, local law, or\nresolution of its governing body, make covenants with the authority\nwhich shall inure to the benefit of the holders of any bonds or notes\nissued by the authority under this title and which shall be a part of\nthe contract with the holders of such bonds or notes, as to\n  (a). The authorizing of the construction of any facilities which will\nbe competitive with any facilities owned or operated by the authority or\nwithin a reasonable sphere of operation or extension of such facilities\nby the authority;\n  (b). Discontinuing of any facilities owned or operated by the\nmunicipality or any department or agency thereof;\n  (c). Limitations on the licensing of private facilities within the\nterritorial limits of the municipality which may compete with the\nfacilities owned or operated by the authority or within a reasonable\nsphere of operation or extension by the authority; and\n  (d). Transferring to the authority any powers or functions of the\nmunicipality or any department or agency thereof, or the control of any\nproperty thereof.\n  4. The commissioner of general services shall have power, in his\ndiscretion, from time to time to transfer and convey to the authority,\nor to a subsidiary corporation of the authority, and for such\nconsideration as may be determined by him to be paid to the state,\nunappropriated state lands and lands under water which the authority\nshall certify to be necessary or desirable for the corporate purposes of\nthe authority.\n
N.Y. PBA Law § 1299-NN — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-NN
Right of state to require redemption of bonds
Status: in_force

§ 1299-nn. Right of state to require redemption of bonds.\nNotwithstanding and in addition to any provisions for the redemption of\nbonds which may be contained in any contract with the holders of the\nbonds, the state may, upon furnishing sufficient funds therefor, require\nthe authority to redeem, prior to maturity, as a whole, any issue of\nbonds on any interest payment date not less than twenty years after the\ndate of the bonds of such issue at one hundred five per centum of their\nface value and accrued interest or at such lower redemption price as may\nbe provided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers published and circulating in the city of Rochester\nat least twice, the first publication to be at least thirty days before\nthe date of redemption.\n
N.Y. SOS Law § 364 — New York Code / Act SOS / Article 5 / Title 11 / Section 364
Responsibility for standards
Status: in_force

§ 364. Responsibility for standards. To assure that the medical care\nand services rendered pursuant to this title are of the highest quality\nand are available to all who are in need, the responsibility for\nestablishing and maintaining standards for medical care and eligibility\nshall be as follows:\n  1. The department of social services shall be responsible for\n  (a) determining eligibility for care and services pursuant to this\ntitle and consistent with standards established by the commissioner of\nthe department of health and, as authorized by such commissioner, for\nhearing appeals and making findings and recommendations relating\nthereto;\n  (b) auditing payments to providers of care, services and supplies\nunder the medical assistance program; and\n  (c) publishing and distributing to the public, from time to time and\nin consultation with the department of health, information relating to\nthe medical assistance program, to promote maximum public awareness of\nthe availability of, and the procedure for obtaining, such assistance.\n  2. The department of health shall be responsible for\n  (a) establishing and maintaining standards for all hospital and\nrelated services pursuant to article twenty-eight of the public health\nlaw, and for all medical care and services furnished in an institution\noperated by the department of health pursuant to other provisions of the\npublic health law;\n  (b) establishing and maintaining standards for all non-institutional\nhealth care and services rendered pursuant to this title, including but\nnot limited to procedural standards relating to the revocation,\nsuspension, limitation or annulment of qualification for participation\nas a provider of care and services, on a determination that the provider\nis an incompetent provider of specific services or has exhibited a\ncourse of conduct which is either inconsistent with program standards\nand regulations or which exhibits an unwillingness to meet such\nstandards and regulations, or is a potential threat to the public health\nor safety pursuant to section two hundred six of the public health law;\n  (c) reviewing and approving local social services medical plans;\n  (d) establishing by regulation requirements for a uniform system of\nreports relating to the quality of medical care and services furnished\npursuant to this title;\n  (e) reviewing the quality and availability of medical care and\nservices furnished under local social services medical plans, to assure\nthat the quality of medical care and services is in the best interest of\nthe recipients;\n  (f) providing consultative services to hospitals, nursing homes, home\nhealth agencies, clinics, laboratories, and such other institutions as\nthe secretary of the federal department of health and human services may\nspecify in order to assist them: to qualify for payments under the\nprovisions of this title and title XIX of the federal social security\nact; in providing information needed to determine such payments; in\nestablishing and maintaining such fiscal records as may be necessary for\nthe proper and efficient administration of medical assistance;\n  (g) establishing standards of eligibility for medical assistance,\nconsistent with the provisions of this title; and\n  (h) making policy, rules and regulations for maintaining a system of\nhearings for applicants and recipients of medical assistance adversely\naffected by the actions of the department or social service districts\nand for making final administrative determinations and issuing final\ndecisions concerning such matters.\n  3. Each office within the department of mental hygiene shall be\nresponsible for establishing and maintaining standards for medical care\nand services received in institutions operated by it or subject to its\nsupervision pursuant to the mental hygiene law.\n  4. The public health and health planning council shall be responsible\nfor establishing and maintaining qualifications for persons employed by\nsocial services districts as professional directors.\n
N.Y. PBA Law § 1299-EEE — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-EEE
Transit adjudication bureau
Status: in_force

§ 1299-eee. Transit adjudication bureau. 1. Establishment. There is\nhereby created in the authority a transit adjudication bureau. The head\nof such bureau shall be the director, who shall be appointed by the\nchairman of the authority. The director may delegate the powers and\nduties conferred upon the director by this section to such qualified\nofficers and employees of the bureau as he may designate.\n  2. Hearing officers. The chairman of the authority shall appoint\nhearing officers who shall preside at hearings for the adjudication of\ncharges of transit infractions, as hereinafter defined, and who, as\nprovided below, may be designated to serve on the appeals board of the\nbureau. Every hearing officer shall have been admitted to the practice\nof law in this state for a period of at least five years, and shall be\ncompensated for his services on a per diem basis determined by the\nbureau.\n  3. Jurisdiction. The bureau shall have, with respect to acts or\nincidents in or on the transit facilities of the authority,\nnon-exclusive jurisdiction over violations of the rules which may from\ntime to time be established by the authority. Matters within the\njurisdiction of the bureau shall be known for purposes of this section\nas transit infractions. Nothing herein shall be construed to divest\njurisdiction from any court now having jurisdiction over any criminal\ncharge relating to any act committed in a transit facility, or to impair\nthe ability of a police officer to conduct a lawful search of a person\nin a transit facility. The criminal court within which jurisdiction the\ntransit authority shall operate transit facilities shall continue to\nhave jurisdiction over any criminal charge brought for violation of the\nrules of the authority, as well as jurisdiction relating to any act\nwhich may constitute a crime or an offense under any law of the state of\nNew York or any municipality or political subdivision thereof and which\nmay also constitute a violation of such rules.\n  4. General powers. The bureau shall have the following functions,\npowers and duties:\n  a. To accept pleas (whether made in person or by mail) to, and to hear\nand determine, charges of transit infractions within its jurisdiction;\n  b. To impose civil penalties not to exceed a total of two hundred\nfifty dollars for any transit infraction within its jurisdiction, in\naccordance with a penalty schedule established by the authority;\n  c. In its sole discretion, to suspend or forgive penalties or any\nportion of penalties imposed on the condition that the respondent\nvoluntarily agrees to perform and actually does satisfactorily perform\nunpaid services on transit facilities as assigned by the authority, such\nas, without limitation, cleaning of rolling stock;\n  d. To adopt, amend and rescind rules and regulations not inconsistent\nwith any applicable provision of law to carry out the purposes of this\nsection, including but not limited to rules and regulations prescribing\nthe internal procedures and organization of the bureau, the manner and\ntime of entering pleas, the conduct of hearings, and the amount and\nmanner of payment of penalties;\n  e. To enter judgments and enforce them, without court proceedings, in\nthe same manner as the enforcement of money judgments in civil actions,\nas provided below;\n  f. To compile and maintain complete and accurate records relating to\nall charges and dispositions, which records shall be deemed exempt from\ndisclosure under the freedom of information law as records compiled for\nlaw enforcement purposes;\n  g. To apply to a court of competent jurisdiction for enforcement of\nany decision or order issued by such bureau or of any subpoena issued by\na hearing officer as provided in paragraph d of subdivision seven of\nthis section;\n  h. To enter into contracts with other government agencies, with\nprivate organizations, or with individuals to undertake on its behalf\nsuch functions as data processing, debt collections, mailing, and\ngeneral administration, as the director deems appropriate, except that\nthe conduct by hearing officers of hearings and of appeals may not be\nperformed by outside contractors; and\n  i. To accept payment of penalties and to remit same to the authority.\n  5. Notices of violation. The bureau shall prepare and distribute\nnotices of violation in blank to the Niagara Frontier transportation\nauthority security officer, ticket inspector, and any other person\nempowered by law, rule and regulation to serve such notices. The form\nand wording of the notice of violation shall be prescribed by the\ndirector, and it may be the same as any other notice of violation or\nsummons form already in use if said form meets the requirements hereof.\nThe notice of violation may include provisions to record information\nwhich will facilitate the identification and location of respondents,\nincluding but not limited to name, address, telephone numbers, date of\nbirth, social security number if otherwise permitted by law, place of\nemployment or school, and name and address of parents or guardian if a\nminor. Notices of violation shall be served by delivering the notice\nwithin the state to the person to be served. A copy of each notice of\nviolation served hereunder shall be filed and retained by said bureau,\nand shall be deemed a record kept in the ordinary course of business,\nand, if sworn to or affirmed, shall be prima facie evidence of the facts\ncontained herein. Said notice of violation shall contain information\nadvising the person charged of the manner and the time within which such\nperson may either admit or deny the offense charged in the notice. Such\nnotice of violation shall also contain a warning to advise the person\ncharged that failure to plead in the manner and within the time stated\nin the notice may result in a default decision and order being entered\nagainst such person.\n  6. Defaults. Where a respondent has failed to plead within the time\nallowed by the rules of said bureau or has failed to appear on a\ndesignated hearing date or a subsequent date following an adjournment,\nsuch failure to plead or appear shall be deemed, for all purposes, to be\nan admission of liability and shall be grounds for rendering a default\ndecision and order imposing a penalty in such amount as may be\nprescribed by the authority.\n  7. Hearings. a. Whenever a person charged with a transit infraction\nreturnable to the bureau enters a plea of not guilty, the bureau shall\nadvise such person personally, or by registered or certified mail, of\nthe date on which he or she must appear to answer the charge at a\nhearing. The form and content of such notice of hearing shall be\nprescribed by the director, and shall contain a warning to advise the\nperson so pleading that failure to appear on the date designated, or any\nsubsequent adjourned date, shall be deemed for all purposes, an\nadmission of liability, and that a default judgment may be rendered and\npenalty may be prescribed.\n  b. Every hearing for the adjudication of a charge of a transit\ninfraction hereunder shall be held before a hearing officer in\naccordance with the rules and regulations promulgated by the bureau.\n  c. The hearing officer shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n  d. The hearing officer when the defendant refuses to stipulate to the\ncontents of the notice of violation, unless the hearing officer\ndetermines that the notice of violation should be dismissed, shall\nrequire the person who served the petition to attend the hearing and may\nissue subpoenas to compel the appearance of that person or of other\npersons to give testimony, and issue subpoenas duces tecum to compel the\nproduction for examination or introduction into evidence of any book,\npaper or other thing relevant to the charges.\n  e. In the case of a refusal to obey a subpoena, the bureau may make\napplication to the Supreme Court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of evidence.\n  f. The bureau shall make and maintain a sound recording or other\nrecord of every hearing.\n  g. After due consideration of the evidence and arguments, the hearing\nofficer shall determine whether the charges have been established. No\ncharge may be established except upon clear and convincing evidence.\nWhere the charges have not been established, an order dismissing the\ncharges shall be entered. Where a determination is made that a charge\nhas been established or if an answer admitting the charge has been\nreceived, the hearing officer shall set a penalty in accordance with the\npenalty schedule established by the authority, and an appropriate order\nshall be entered in the records of the bureau. The respondent shall be\ngiven notice of such entry in person or by mail. This order shall\nconstitute the final determination of the hearing officer, and for\npurposes of review it shall be deemed to incorporate any intermediate\ndeterminations made by said officer in the course of the proceeding.\nWhen no appeal is filed this order shall be the final order of the\nbureau.\n  8. Administrative and judicial review. a. There shall be appeals\nboards within the bureau which shall consist of three or more hearing\nofficers, as the director shall determine. The director shall select a\nchairman for each appeals board from the members so appointed. No\nhearing officer may sit on an appeals board considering an appeal from a\ndetermination made by said hearing officer.\n  b. A party aggrieved by a final determination of a hearing officer may\nobtain a review thereof by serving upon the bureau within thirty days of\nthe sending of the notice of entry of such order a notice of appeal\nsetting forth the reasons why the determination should be reversed or\nmodified. There shall be no interlocutory appeals.\n  c. An appeal from a final determination of a hearing officer shall be\nsubmitted to the appeals board, which shall have power to review the\nfacts and the law, but shall not consider any evidence which was not\npresented to the hearing officer, and shall have power to reverse or\nmodify any judgment appealed from for error of fact or law.\n  d. Appeals shall be made without the appearance of the appellant and\nappellant's attorney unless the presence of either or both are requested\nby the appellant, appellant's attorney, or the appeals board.  Within\ntwenty days after a request for an appearance, made by the appellant,\nappellant's attorney or the board, the bureau shall advise the appellant\nor appellant's attorney, either personally or by registered or certified\nmail, of the date on which he or she shall appear. The appellant shall\nbe notified in writing of the decision of the appeals board.\n  e. A party may request and obtain a record of the proceedings\nresulting in a determination for which an appeal is sought, but the\nparty shall pay to the bureau the cost of providing such record. When a\nrecord is timely requested for the purpose of preparing an appeal, the\nbureau shall not thereafter cause the appeal to be heard or submitted\nless than ten days after the delivery or mailing of the record to\nappellant or appellant's attorney.\n  f. The service of a notice of appeal shall not stay the enforcement of\nan order appealed from unless the appellant shall have posted a bond in\nthe amount of penalties imposed in the order appealed from at the time\nof, or before, the service of such notice.\n  g. No determination of a hearing officer which is appealable under the\nprovisions of this section shall be reviewed in any court unless an\nappeal has been filed and determined in accordance with this\nsubdivision. When an appeal has been filed, the order of the appeals\nboard shall be the final order of the bureau. Judicial review may be\nsought pursuant to article seventy-eight of the civil practice law and\nrules.\n  9. Enforcement of judgments. a. The bureau shall have the power to\nenforce its final decisions and orders imposing civil penalties for\nviolations of laws, rules and regulations enforced by it as if they were\nmoney judgments, without court proceedings, in the manner described\nherein.\n  b. Any final order of the bureau imposing a civil penalty, whether the\nadjudication was had by hearing or upon default or otherwise, shall\nconstitute a judgment rendered by the bureau which may be entered in the\ncounty court of Erie or Niagara county or any other place provided for\nthe entry of civil judgments within the state, provided that no\nproceeding for judicial review shall be pending and the time for\ninitiation of such proceeding shall have expired, and may be enforced\nwithout court proceedings in the same manner as the enforcement of money\njudgments entered in civil actions. Any final order shall be a bar to\nany criminal proceeding for conduct upon which the order was based.\n  c. Notwithstanding the foregoing provisions, before a judgment based\nupon a default may be so entered the bureau must have attempted to\nnotify the respondent by first class mail, in such form as the bureau\nmay direct: (i) of the default decision and order and the penalty\nimposed; (ii) that a judgment will be entered in the county court of\nErie or Niagara county or any other place provided for the entry of\ncivil judgments within the state; and (iii) the entry of such judgments\nmay be avoided by requesting a stay of default for good cause shown and\neither requesting a hearing or entering a plea pursuant to the rules of\nthe bureau within thirty days of the mailing of such notice.\n  10. Funds. All penalties collected pursuant to the provisions of this\nsection shall be paid to the authority.\n
N.Y. PBH Law § 1382 — New York Code / Act PBH / Article 13 / Title 11 / Section 1382
Powers and duties of the commissioner
Status: in_force

§ 1382. Powers and duties of the commissioner.  In administering and\nenforcing the provisions of this title, the commissioner shall:\n  1. make an estimate of funds or appropriations for inclusion annually\nin the executive budget;\n  2. receive applications for state aid in such form and containing such\ninformation as he may require;\n  3. qualify municipalities for state aid and advise them concerning\nsuch qualifications;\n  4. approve detailed plans submitted by the applicant for the\nconstruction of solid waste management facilities or for improvement of\nexisting solid waste management facilities where the same are found to\nbe consistent with sound, comprehensive solid waste management planning,\ntake into adequate account the feasibility of a recycling facility to\nshred, compress, pyrolize, separate or otherwise process the solid waste\nfor resource recovery, the potential resources to be recovered, ultimate\nland use and are otherwise acceptable to him; provided, however, plans\nfurther:\n  a. describe the components of the solid waste estimated to be\ngenerated, by weight or volume;\n  b. describe the proposed method of transporting to be utilized from\nits source to the solid waste management facility, and the estimated\ncost therefor;\n  c. detail the separation techniques proposed to be utilized at the\nsolid waste management facility; and\n  d. specify what and where the available markets are for recovered\nmaterials within the region covered by the plan, and/or within fifty\nmiles outside the region covered by the plan;\n  5. approve vouchers for payment of state aid grants;\n  6. perform such other and further acts and promulgate such rules and\nregulations as may be necessary, proper or desirable to carry out\neffectively the provisions of this title.\n
N.Y. PBA Law § 1967-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1967-A
Equal opportunity
Status: in_force

§ 1967-a. Equal opportunity. 1. The authority shall ensure that all\nemployees and applicants for employment are afforded equal employment\nopportunity without discrimination.\n  2. Except as is otherwise provided by collective bargaining contracts\nor agreements, new employment opportunities created as a result of\nprojects of the agency shall be listed with the New York State\nDepartment of Labor Community Services Division, and with the\nadministrative entity of the service delivery area created by the\nfederal job training partnership act (P.L. No. 97-300) in which the\nproject is located. Except as is otherwise provided by collective\nbargaining contracts or agreements, sponsors of projects shall agree,\nwhere practicable, to first consider persons eligible to participate in\nfederal job training partnership (P.L. No. 97-300) programs who shall be\nreferred by administrative entities of service delivery areas created\npursuant to such act or by community services division of the department\nof labor for such new employment opportunities.\n
N.Y. PBA Law § 1327 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1327
Central New York regional transportation district
Status: in_force

§ 1327. Central New York regional transportation district. 1.  There\nis hereby created and established a transportation district to be known\nas the central New York regional transportation district. This district\nshall embrace the county of Onondaga and such of the following counties\nas may elect to become members by action of their governing bodies:\nCayuga, Cortland, Jefferson, Madison, Oneida and Oswego. The\ntransportation district shall also include all lands and water and all\nlands under water and all rivers, lakes, bays and harbors within any of\nthe counties of said district.\n
N.Y. PBA Law § 1299-A — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-A
Definitions
Status: in_force

§ 1299-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section twelve\nhundred ninety-nine-c of this title.\n  2. "Authority facilities" shall mean the authority's railroad,\nomnibus, marine and aviation facilities and operations pursuant to joint\nservice arrangements.\n  3. "Comptroller" shall mean the comptroller of the state of New York.\n  4. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,\nmarine or surface craft, motors, boilers, engines, wires, ways, conduits\nand mechanisms, machinery, tools, implements, materials, supplies,\ninstruments and devices of every nature whatsoever used or useful for\ntransportation purposes or for the generation or transmission of motive\npower including but not limited to all power houses, and all apparatus\nand all devices for signalling, communications and ventilation as may be\nnecessary, convenient or desirable for the operation of a transportation\nfacility.\n  5. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  6. "Governor" shall mean the governor of the state of New York.\n  7. "Joint service arrangements" shall mean agreements between or among\nthe authority and any common carrier or freight forwarder, the state,\nany state agency, the federal government, any other state or agency or\ninstrumentality thereof, any public authority of this or any other\nstate, any political subdivision or municipality of the state, or the\nnation, relating to property, buildings, structures, facilities,\nservices, rates, fares, classifications, divisions, allowances or\ncharges (including charges between operators of railroad, omnibus,\nmarine and aviation facilities), or rules or regulations pertaining\nthereto, for or in connection with or incidental to transportation in\npart in or upon railroad, omnibus, marine or aviation facilities located\nwithin the district and in part in or upon railroad, omnibus, marine or\naviation facilities located outside the district.\n  8. "Marine and aviation facilities" shall mean equipment and craft for\nthe transportation of passengers, mail and cargo between points within\nthe district or pursuant to joint service arrangements, by marine craft\nand aircraft of all types including but not limited to hydrofoils,\nferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or\nother contrivances now or hereafter used in navigation or movement on\nwaterways or in the navigation of or flight in airspace. It shall also\nmean port facilities in the transportation district including, but not\nlimited to, (a) one or more docks, elevators, wharves, piers, bulkheads,\nslips, basins, harbors, railroad connections, side tracks or sidings,\nfreight terminals, warehouses, bridges, tunnels, and areas for storage\nof cargoes, materials, goods, wares, and merchandise of any kind and for\nthe loading, unloading, interchange or transfer of any such cargoes,\nmaterials, goods, wares and merchandise; (b) other buildings,\nstructures, facilities or improvements necessary to accommodate\nsteamships or other vessels and their cargoes or passengers; and (c) all\nreal and personal property, driveways, roads, approaches, mechanical\nequipment and all appurtenances and facilities either on, above or under\nthe ground which are necessary, convenient or desirable for the\ndevelopment, control and operation of port facilities in the\ntransportation district. It shall also mean any airport facility within\nthe transportation district, including but not limited to any facility\nor real property necessary, convenient or desirable for the landing,\ntaking off, accommodation or servicing of such aircraft and shall\ninclude such facilities, property, structures and appurtenances as may\nbe necessary or convenient in the operation, maintenance, development or\nimprovement of airports including facilities, property, structures, and\nappurtenances, leased by the Authority to persons, firms or corporations\nengaged in air transportation or the production or development of\nmaterials, goods or equipment for airports or air transportation or in\nproviding facilities for the accommodation, safety or comfort of the\ntraveling public and for purposes related or incidental to one or more\nof the foregoing purposes. It shall also mean any airport facility\nwithin the transportation district or within ten miles of the boundaries\nthereof.\n  9. "Omnibus facilities" shall mean motor vehicles, of the type\noperated by carriers subject to the jurisdiction of the public service\ncommission, engaged in the transportation of passengers and their\nbaggage, express and mail between points within the district or pursuant\nto joint service arrangements, and equipment, property, buildings,\nstructures, improvements, loading or unloading areas, parking areas or\nother facilities, necessary, convenient or desirable for the\naccommodation of such motor vehicles or their passengers, including but\nnot limited to buildings, structures and areas notwithstanding that\nportions may not be devoted to any omnibus purpose other than the\nproduction of revenues available for the costs and expenses of all or\nany facilities of the authority.\n  10. "Railroad facilities" shall mean right of way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices and other real estate or personalty used or held for\nor incidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the district or\npursuant to joint service arrangements, including but not limited to\nbuildings, structures, and areas notwithstanding that portions thereof\nmay not be devoted to any railroad purpose other than the production of\nrevenues available for the costs and expenses of all or any facilities\nof the authority.\n  11. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  12. "State" shall mean the state of New York.\n  13. "State agency" shall mean any officer, department, board,\ncommissioner, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n  14. "Transportation facility" shall mean any railroad, omnibus, marine\nor aviation facility and any person, firm, partnership, association or\ncorporation which owns, leases or operates any such facility or any\nother facility used for service in the transportation of passengers,\nUnited States mail or personal property as a common carrier for hire and\nany portion thereof and the rights, leaseholds or other interest therein\ntogether with routes, tracks, extensions, connections, parking lots,\ngarages, warehouses, yards, storage yards, maintenance and repair shops,\nterminals, stations and other related facilities thereof, the devices,\nappurtenances, and equipment thereof and power plants and other\ninstrumentalities used or useful therefor or in connection therewith.\n  15. "Transportation district" and "district" shall mean the Niagara\nFrontier transportation district created by section twelve hundred\nninety-nine-b of this title.\n  16. "Niagara Frontier Port Authority" shall mean the corporation\ncontinued by a chapter of the laws of nineteen hundred sixty-nine\nentitled "An act to effect a consolidation of the Niagara Frontier port\nauthority and the Niagara Frontier transportation authority, and to\namend the public authorities law and chapter two hundred sixty of the\nlaws of nineteen hundred fifty-seven, entitled 'An act to designate the\nNiagara Frontier port authority to receive certain future payments from,\nand subsequent to July first, nineteen hundred ninety-two, to exercise\njurisdiction over the property and assets acquired and held in the state\nof New York by the Buffalo and Fort Erie public bridge authority, and\nmaking other provision with respect to such payments, property and\nassets', in relation thereto".\n  17. "Nation" shall mean the Seneca Nation of Indians.\n  18. "Transit dependent individual" shall mean an individual who is\nlimited to public transit as their primary mode of transportation\nbecause the individual has a permanent disability.\n
N.Y. PBA Law § 1596-N — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-N
Tax contract by the state
Status: in_force

§ 1596-n. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom, and\nall moneys, funds and revenues pledged to pay or secure the payment of\nsuch bonds, shall at all times be free from taxation except for estate\ntaxes and taxes on transfers by or in contemplation of death.\n
N.Y. PBA Law § 1596-C — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-C
City of Yonkers parking authority
Status: in_force

§ 1596-c. City of Yonkers parking authority. A board to be known as\n"City of Yonkers parking authority" is hereby created. Such board shall\nbe a body corporate and politic, constituting a public benefit\ncorporation, and its existence shall commence upon the appointment of\nthe members as herein provided. It shall consist of a chairman,\nappointed by the mayor of the city of Yonkers, and four other members,\nwho shall also be appointed by the mayor. The appointment of the\nchairman shall be for a term of five years and of each of the other\nmembers for terms of one, two, three and four years from the first day\nof April, nineteen hundred sixty-four. At the expiration of such terms,\nthe terms of office of their successors shall be five years so that the\nterm of office of one-fifth of such members shall expire on the\nthirty-first day of March in each year. Each member shall continue to\nserve until the appointment and qualification of his successor.\nVacancies in such board occurring otherwise than by the expiration of\nsuch term, shall be filled for the unexpired term. The members of the\nboard shall choose from their number a vice-chairman. The mayor may\nremove any member of the board for inefficiency, neglect of duty or\nmisconduct in office, giving him a copy of the charges against him and\nan opportunity of being heard in person, or by counsel, in his defense\nupon not less than ten days' notice. The members of the board shall be\nentitled to no compensation for their services but shall be entitled to\nreimbursement for their actual and necessary expenses incurred in the\nperformance of their official duties. The powers of the authority shall\nbe vested in and exercised by a majority of the members of the board\nthen in office. Such board may delegate to one or more of its members or\nto its officers, agents and employees such powers and duties as it may\ndeem proper. Such board and its corporate existence shall continue only\nto the thirty-first day of December, nineteen hundred ninety-nine, and\nthereafter until all its liabilities have been met and its bonds have\nbeen paid in full or such liabilities or bonds have otherwise been\ndischarged. Upon its ceasing to exist, all its rights and properties\nshall pass to the city.\n
N.Y. VAT Law § 2282 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2282
Registration and permit
Status: in_force

§ 2282. Registration and permit. 1. Except as hereinafter provided, no\nperson shall operate any ATV within the state unless such ATV has been\nregistered and numbered in accordance with the provisions of this\narticle, and the registration number for such ATV is in full force and\neffect and displayed as provided under this article and regulations\npromulgated thereunder.\n  2. The commissioner is authorized to register an ATV, issue a\nregistration certificate and assign a registration number to such ATV.\nAll such registrations shall be valid for a period prescribed by the\ncommissioner unless, prior to expiration of the period prescribed by the\ncommissioner, it is surrendered, cancelled, revoked or suspended\npursuant to the provisions of this article.\n  3. Unless otherwise prescribed by regulation of the commissioner, a\nnumber once assigned under this section shall remain with the registered\nATV until the ATV is destroyed, abandoned or permanently removed from\nthe state, or until changed or terminated by the commissioner.\n  4. Fees. Fees for registration of ATVs to be collected by the\ncommissioner under this article are as follows.\n  (a) An annual fee of twelve dollars and fifty cents for each\nindividual resident registration.\n  (b) An annual fee of twelve dollars and fifty cents for each\nindividual nonresident registration.\n  (c) An annual fee of twenty-five dollars for each dealer registration.\n  (d) An annual fee of five dollars for each additional dealer\ndemonstrator registration number.\n  (e) A fee of three dollars for replacement of a lost, mutilated or\ndestroyed certificate.\n  (f) Provided, however, that the provisions of paragraphs (c) and (d)\nof this subdivision with respect to the payment of dealer registration\nfees shall not apply to dealers registered pursuant to section four\nhundred fifteen of this chapter.\n  (g) Annual fees shall not be prorated and such fees shall be\napplicable to a year or any portion of a year.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in paragraphs (a) and\n(b) of this subdivision in effect on and after September first, two\nthousand nine and the fees set forth in such paragraphs in effect prior\nto such date shall be deposited to the credit of the dedicated highway\nand bridge trust fund.\n  5. Application. The owner of each ATV requiring registration under\nthis section shall present an application for registration to the\ncommissioner, on a blank to be prepared and furnished by the\ncommissioner for that purpose. Such application shall contain or be\naccompanied by such evidence of the ownership of the ATV described in\nthe application as may be required by the commissioner.\n  6. Dealers. (a) Any person who is a dealer, and who is not registered\nas a dealer pursuant to section four hundred fifteen of this chapter,\nshall register as an ATV dealer and operate in accordance with the rules\nand regulations of the commissioner for ATV dealers. The commissioner,\nupon receipt of an application and the required fee, shall assign a\ndistinctive dealer registration number to the registrant and issue an\nappropriate registration certificate to him and assign two dealer\ndemonstrator registration numbers and upon the payment of the\nappropriate fee, such additional numbers as shall be requested. Dealer\nregistrations and dealer demonstrator registration numbers shall not be\ntransferable. Provided, however, the commissioner may limit the number\nof dealer demonstration registration numbers issued to a dealer.\n  (b) No dealer shall sell or offer for retail sale any ATV, other than\nan ATV identified and sold for use only in off-highway competitions,\nwhich is not equipped with all equipment necessary for the registration\nof an ATV.\n  6-a. Registration at time of sale. Every all terrain vehicle defined\nby section twenty-two hundred eighty-one of this article sold by a\ndealer shall be registered at the time of sale of such vehicle. Such\nregistration shall be valid until the thirty-first day of August\nfollowing the date of such sale; provided, however, that any all terrain\nvehicle sold after April first of each year shall be issued a\nregistration valid until the thirty-first day of August in the year\nfollowing that in which the all terrain vehicle is sold. Any all terrain\nvehicle purchased for use exclusively outside of the state of New York\nshall not require registration at the time of purchase, and the\npurchaser of such all terrain vehicle shall sign a declaration, provided\nby the dealer, which shall state that such purchaser understands the\nconditions under which an all terrain vehicle must be registered and the\npenalty for violation of such registration provisions. Each signed\ndeclaration shall be forwarded by the dealer to the commissioner. The\nform of such declaration shall be provided by the commissioner to each\ndealer.\n  7. Renewal. Every owner of an ATV and dealer shall renew his\nregistration in such manner as the commissioner shall prescribe, on\npayment of the same registration fees as provided in subdivision four of\nthis section.\n  8. Indicia of registration. At the time of the original registration\nand at the time of each renewal thereof, the commissioner shall also\nissue validating forms in a manner he has prescribed indicating the\nvalidity of the current registration and the expiration date thereof,\nwhich indicia of registration shall be affixed to the vehicle in such\nmanner as the commissioner may prescribe.\n  No ATV shall be considered as validly registered within the meaning of\nthis section unless a current registration certificate, registration\nnumber and current indicia of registration have been issued.\n  9. Equipment required. No ATV shall be registered, nor shall such a\nregistration be renewed, unless the ATV is equipped with brakes,\nmuffler, spark arrester and tires as prescribed in subdivision one of\nsection twenty-four hundred six of this chapter.\n  10. ATVs owned by governmental agencies. A registration number shall\nbe assigned, without payment of a fee, for ATVs owned by governmental\nagencies, or by volunteer organizations if used exclusively for\nemergency purposes, provided that each such ATV shall display the proper\nregistration number assigned to it.\n  11. Exemption. No registrations shall be required for the following\ndescribed ATVs:\n  (a) ATVs owned and used by the United States, another state, or a\npolitical subdivision thereof, but such ATV shall display the name of\nthe owner on the vehicle thereof.\n  (b) ATVs covered by a valid registration or license of another state,\nprovince or country, as provided in subdivision twelve of this section.\n  12. Out of state ATV registration. The registration provisions of this\narticle shall not apply to non-resident owners who have registered their\nATVs in compliance with the registration and licensing laws of the\nstate, province, district or country of residence, provided that the ATV\nis appropriately identified in accordance with the laws of the state of\nresidence. The provisions of this subdivision shall not apply to a\nresident of another state, province, district or country which does not\nhave an ATV registration and identification law. Nothing in this\nsubdivision shall be construed to authorize the operation of any ATV\ncontrary to the provisions of this article.\n
N.Y. ENV Law § 71-1117 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1117
Enforcement of section 15-1745
Status: in_force

§ 71-1117. Enforcement of section 15-1745.\n  1. Any person or public corporation violating subdivision 1 of section\n15-1745, shall be guilty of a violation punishable by a fine of not more\nthan five thousand dollars.\n  2. In addition, the department may, in an action instituted by it in\nany court of competent jurisdiction, recover from any such person or\npublic corporation the sum of one hundred fifty dollars per day for each\nday that such person or public corporation continues to take, draw,\ndivert or make use of any part or portion of such waters.\n  3. The department may bring actions through the Attorney General to\nenjoin violations of section 15-1745.\n  4. The prima facie evidence provision in subdivision 2 of section\n15-1745 shall apply in all proceedings, criminal or civil, under this\nsection 71-1117.\n
N.Y. PBA Law § 1266-G — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-G
Excess loss fund
Status: in_force

§ 1266-g. Excess loss fund. 1. Subject to the provisions of this\nsection, the authority is authorized to issue bonds and notes, in\naccordance with section twelve hundred sixty-nine of this title, in such\nprincipal amounts not in excess of the seventy-five million dollar\nlimitation established in subdivision four of this section as, in the\nopinion of the authority, shall be necessary to provide sufficient funds\nto meet the capital and reserve requirements of a trust, pooling\narrangement or other entity established for the purpose of providing\nreimbursement and funding to the authority and its subsidiaries, the New\nYork city transit authority and its subsidiaries and Triborough bridge\nand tunnel authority for excess or extraordinary losses for damages to\nreal or personal property or for the destruction thereof or for personal\ninjuries or death and for certain property damage losses which may be\nincurred or sustained by any of them in connection with the use and\noperation of their respective facilities and in the conduct of their\nrespective activities (the trust, pooling arrangement or other entity\nestablished in order to provide such benefits to such participants being\nreferred to in this section as the "excess loss fund"). Prior to the\nissuance of any bonds or notes, other than refunding bonds or notes,\nauthorized by this section, the authority shall make a finding that such\nissue is expected to result, on a present value basis, in a lower\neffective cost to the participating authorities than funding the\nrequirements of the excess loss fund solely through the payment of\npremiums and assessments by such participating authorities.\n  2. In order to effectuate the purposes of the excess loss fund, the\nauthority shall, subject to the provisions of this section, have all the\npowers provided elsewhere in this title and may:\n  (a) accept the notes, bonds and other contractual obligations of the\nexcess loss fund for funds provided to it by the authority;\n  (b) obtain security for the payment by the excess loss fund of its\nnotes, bonds and other contractual obligations issued to the authority,\nincluding a pledge of all or any part of the assets and revenues of the\nexcess loss fund, including its receipts and rights to receive premiums,\nassessments, reimbursements and other payments from the participants in\nthe excess loss fund, which pledge may contain covenants with respect to\nthe charging and fixing by actuarial estimates, where appropriate, of\npremiums, assessments, reimbursements and other payments and the use and\ndisposition thereof; and\n  (c) enter into contracts with the excess loss fund and with the\nparticipants therein, on such terms and conditions as the parties may\nagree, with respect to the payment of premiums, assessments,\nreimbursements and other payments to the excess loss fund and the nature\nand extent of the benefits to be paid by the excess loss fund to such\nparticipants.\n  3. The bonds and notes of the authority authorized by this section\nshall not constitute general obligations of the authority, but shall be\nspecial obligations of the authority payable as to principal, redemption\npremium, if any, and interest solely from the security, sources of\npayment and funds obtained from or on behalf of the excess loss fund,\nall in the manner more particularly provided by the authority in the\nresolution under which such bonds and notes shall be authorized to be\nissued.\n  4. The aggregate principal amount of bonds and notes issued for the\npurposes enumerated in subdivision one of this section shall not exceed\nseventy-five million dollars, excluding: (a) bonds and notes issued to\nfund costs of issuance and any reasonably required debt service reserve\nfund for such bonds or notes; (b) an amount equal to any original issue\ndiscount from the principal amount of any bonds or notes issued; and (c)\nbonds and notes issued to refund or otherwise repay bonds or notes\ntheretofore issued for such purposes, provided, however, that upon any\nsuch refunding or repayment the total aggregate principal amount of\noutstanding bonds and notes (including for purpose of such calculation\nthe principal amount of the refunding bonds or notes then to be issued\nand excluding the principal amount of the bonds or notes so to be\nrefunded or repaid and any amounts excluded under paragraph (a) or (b)\nof this subdivision) may be greater than seventy-five million dollars,\nonly if the present value of the aggregate debt service of the refunding\nor repayment bonds or notes to be issued shall not exceed the present\nvalue of the aggregate debt service of the bonds or notes so to be\nrefunded or repaid. For purposes of paragraph (c) of this subdivision,\nthe present values of the aggregate debt service of the refunding or\nrepayment bonds or notes and of the aggregate debt service of the bonds\nor notes so to be refunded or repaid, shall be calculated by utilizing\nthe effective interest rate of the refunding or repayment bonds or\nnotes, which shall be that rate arrived at by doubling the semi-annual\ninterest rate (compounded semi-annually) necessary to discount the debt\nservice payments on the refunding or repayment bonds or notes from the\npayment dates thereof to the date of issue of the refunding or repayment\nbonds or notes and to the price bid including estimated accrued interest\nor proceeds received by the authority including estimated accrued\ninterest from the sale thereof.\n  5. The term "excess loss fund" as used in this section shall not\ninclude any trust, pooling arrangements or other entity (a) which\nprovides or offers to provide reimbursement or funding for losses or\nliabilities to any entity other than the authority and its subsidiaries,\nthe New York city transit authority and its subsidiaries and Triborough\nbridge and tunnel authority, or (b) in which any entity other than the\nauthority and its subsidiaries, the New York city transit authority and\nits subsidiaries and Triborough bridge and tunnel authority holds an\nequity interest.\n
N.Y. ENV Law § 9-1103 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1103
Additional powers of the department
Status: in_force

§ 9-1103. Additional powers of the department.\n  In addition to the powers provided in section 9-0105 and in connection\nwith the control of fire, the department shall have the power to:\n  1. Maintain a system of forest fire protection in such areas of the\nstate as the department determines necessary.\n  2. Purchase necessary equipment, tools or supplies, employ men or\nincur other expenses as may be necessary to furnish adequate forest fire\nprotection.\n  3. Establish, maintain, equip and operate forest fire observation\nstations, telephone lines or other structures therefor as the public\ninterest requires.\n  4. Make contracts, agreements or purchases either for construction,\noperation or maintenance of telephone lines for fire protection\npurposes. Any telephone company may grant the state a preferred rate.\n  5. With consent of owner build or improve fire roads, ditches, trails\nor fire lines. No action for trespass shall lie on account of injury to\nprivate property on such account, if the act is performed in the\nprotection of the forests from fire.\n  6. Appoint necessary employees to perform such duties as are required\nby this title 11.\n  7. Order removed from service, on forty-eight hours' notice, any\nrailroad locomotive, operating in the fire towns, not properly equipped\nwith fire protection devices.\n  8. Grant an extension of time in which owners may comply with section\n9-1113 when the department is satisfied that such an extension of time\nwill not endanger the forests to fire, but in no case shall an extension\nbe granted for a period of more than six weeks from the time of cutting,\nexcept in connection with operations for the clearing of a reservoir\nsite under the authority of section 15-1507.\n  9. Relieve railroads from maintaining railroad fire patrol, or\nclearing right of way when in the judgment of the department the absence\nof such patrol or clearing will not subject the forests to fire menace.\n  10. Request the Public Service Commission to hear and determine\nwhether any railroad, person or company operating railroad locomotives\nthrough forest land is using such devices and precautions against the\nsetting of forest fires, as the public interest requires.\n  11. Designate persons who shall have authority to issue permits as\nrequired by subdivision 5 of section 9-1105.\n  12. Enter into working agreements with land owners for the purpose of\nsecuring better forest fire protection in the fire towns.\n  13. Make rules and regulations to secure better fire protection within\nall or any portion of those areas designated as fire districts under\nsubdivision 2 of section 9-1109 or defined as fire towns by section\n9-1107.\n
N.Y. SOS Law § 367-C — New York Code / Act SOS / Article 5 / Title 11 / Section 367-C
Payment for long term home health care programs
Status: in_force

§ 367-c. Payment for long term home health care programs. 1. If a long\nterm home health care program as defined under article thirty-six of the\npublic health law is provided in the social services district for which\nhe has authority, the local social services official, before he\nauthorizes care in a nursing home or intermediate care facility for a\nperson eligible to receive services under this title, shall notify the\nperson in writing of the provisions of this section.\n  2. If a person eligible to receive services under the provisions of\nthis title who requires care, treatment, maintenance, nursing or other\nservices in a nursing home desires to remain and is deemed by his\nphysician able to remain in his own home or the home of a responsible\nrelative or other responsible adult if the necessary services are\nprovided, such person or his representative shall so inform the local\nsocial services official. If a long term home health care program as\ndefined under article thirty-six of the public health law is provided in\nthe social services district for which he has authority, such official\nshall authorize an assessment under the provisions of section thirty-six\nhundred sixteen of the public health law. If the results of the\nassessment indicate that the person can receive the appropriate level of\ncare at home, the official shall prepare for that person a plan for the\nprovision of services comparable to those that would be rendered in a\nnursing home. In developing such plan, the official shall consult with\nthose persons performing the assessment. The services shall be provided\nby a certified home health agency, hospital, or residential health care\nfacility authorized by the commissioner of health under article\nthirty-six of the public health law to provide a long term home health\ncare program. At the time of the initial assessment, and at the time of\neach subsequent assessment performed under the provisions of section\nthirty-six hundred sixteen of the public health law, or more often if\nthe person's needs require, the official shall establish a monthly\nbudget in accordance with which he shall authorize payment for the\nservices provided under such plan. Total monthly expenditures made under\nthis title for such person shall not exceed a maximum of seventy-five\nper cent, or such lesser percentage as may be determined by the\ncommissioner, of the average of the monthly rates payable under this\ntitle for nursing home services within the social services district for\nwhich the official has authority. However, if a continuing assessment of\nthe person's needs demonstrates that he requires increased services, the\nsocial services official may authorize the expenditure of any amount\naccrued under this section during the past twelve months as a result of\nthe expenditures for that person not exceeding such maximum. If an\nassessment of the person's needs demonstrates that he requires services\nthe payment for which would exceed such monthly maximum, but it can be\nreasonably anticipated that total expenditures for required services for\nsuch person will not exceed such maximum calculated over a one year\nperiod, the social services official may authorize payment for such\nservices.\n  3. If a person eligible to receive services under the provisions of\nthis title who requires health related care and services in an\nintermediate care facility desires to remain and is deemed by his\nphysician able to remain in his own home or the home of a responsible\nrelative or other responsible adult if the necessary services are\nprovided, such person or his representative shall so inform the local\nsocial services official.  If a long term home health care program as\ndefined under article thirty-six of the public health law is provided in\nthe social services district for which he has authority, such official\nshall authorize an assessment under the provisions of section thirty-six\nhundred sixteen of the public health law. If the results of the\nassessment indicate that the person can receive the appropriate level of\ncare at home, the official shall prepare for that person a plan for the\nprovision of services comparable to those that would be rendered in an\nintermediate care facility. In developing such plan, the official shall\nconsult with those persons performing the assessment. The services shall\nbe provided by a certified home health agency, hospital, or residential\nhealth care facility authorized by the commissioner of health under\narticle thirty-six of the public health law to provide a long term home\nhealth care program. At the time of the initial assessment and at the\ntime of each subsequent assessment performed under the provisions of\nsection thirty-six hundred sixteen of the public health law, or more\noften if the person's needs require, the official shall establish a\nmonthly budget in accordance with which he shall authorize payment for\nthe services provided under that plan. Total monthly expenditures made\nunder this title for such person shall not exceed a maximum of\nseventy-five per cent, or such lesser percentage as may be determined by\nthe commissioner, of the average of the monthly rates paid under this\ntitle for the provision of health related care and services in\nintermediate care facilities within the social services district for\nwhich the official has authority. However, if a continuing assessment of\nthe person's needs demonstrates that he requires increased services, the\nsocial services official may authorize the expenditure of any amount\naccrued under this section during the past twelve months as a result of\nthe expenditures for that person not exceeding such maximum. If an\nassessment of the person's needs demonstrates that he requires services\nthe payment for which would exceed such monthly maximum, but it can be\nreasonably anticipated that total expenditures for required services for\nsuch person will not exceed such maximum calculated over a one year\nperiod, the social services official may authorize payment for such\nservices.\n  3-a. (a) Notwithstanding any inconsistent provision of this section,\nthe commissioner is authorized and directed to establish a demonstration\nprogram for the purpose of determining the impact of raising the\nlimitation on expenditures for the delivery of long term home health\ncare services to persons with special needs as defined in this\nsubdivision. Pursuant to such program, the commissioner shall permit\nlocal social services officials to authorize, at their discretion, and\nonly after a determination that the maximum expenditure available\npursuant to subdivisions two and three of this section is not sufficient\nto provide or continue to provide long term home health care services to\npersons with special needs, maximum monthly expenditures for services\nunder this title to such persons, not to exceed one hundred percent of\nthe average of the monthly rates payable under this title for services\nin a nursing home or intermediate care facility within the social\nservices district for which the social services official has authority.\nHowever, if a continuing assessment of a person with special needs\ndemonstrates that he requires increased services, the social services\nofficial may authorize the expenditure of any amount accrued under this\nsection during the past twelve months as a result of the expenditures\nfor that person not having exceeded such maximum. If an assessment of a\nperson with special needs demonstrates that he requires increased\nservices the payment for which would exceed such monthly maximum, but it\ncan be reasonably anticipated that total expenditures for required\nservices for such person will not exceed such maximum calculated over a\none year period, the social services official may authorize payment for\nsuch services.\n  (b) As used in this subdivision, the term "person with special needs"\nshall mean a person for whom a plan of care has been developed pursuant\nto subdivision two or three of this section who (1) needs care including\nbut not limited to respiratory therapy, tube feeding, decubitus care or\ninsulin therapy which cannot be appropriately provided by a personal\ncare aide as defined in regulations issued by the commissioner, or (2)\nhas one or more of the following conditions: mental disability as\ndefined in section 1.03 of the mental hygiene law, acquired immune\ndeficiency syndrome, or dementias, including Alzheimer's disease.\n  (c) The number of persons with special needs for whom a local social\nservices official may authorize payment for services pursuant to\nparagraph (a) of this subdivision shall be limited to twenty-five\npercent of the total number of persons, all long term home health care\nprograms, within a social services district are authorized to serve;\nprovided, however, in any district containing a city having a population\nof one million or more, such limit shall be fifteen percent.\n  (d) In the event that a district reaches the limitation specified in\nparagraph (c) of this subdivision, the local social services official\nmay, upon the approval of the commissioner, authorize payment for\nservices, pursuant to paragraph (a) of this subdivision, for additional\npersons with special needs.\n  4. Notwithstanding any inconsistent provision of this section, if two\nmembers of this same household, eligible to receive services under this\ntitle, require care and services in either a nursing home or an\nintermediate care facility, and assessments conducted pursuant to the\nprovisions of this section indicate that such persons can receive the\nappropriate level of care at home, then such care may be provided at\nhome where total monthly expenditures made under this title for such\npersons shall not exceed a maximum of seventy-five percent, or such\nlesser percentage as may be determined by the commissioner, of the\nmonthly rates which would be payable under this title for both members\nof the household for nursing home and/or intermediate care facility\nservices within the social services district. If assessments of such\npersons' needs demonstrate that they require services the payment for\nwhich would exceed such monthly maximum, but it can be reasonably\nanticipated that total expenditures for required services for such\npersons will not exceed the maximum calculated over a one year period, a\nsocial services official may authorize payment for such services.\n  5. If a person eligible to receive services under the provisions of\nthis title who is medically eligible for care, treatment, maintenance,\nnursing or other services in a nursing home or is medically eligible for\nhealth related care and services in an intermediate care facility\ndesires to and is deemed by his or her physician able to remain in an\nadult care facility, other than a shelter for adults, which is able and\nwilling to retain such person if the necessary services are provided,\nsuch person or his or her representatives shall so inform the local\nsocial services official. If a long term home health care program is\nprovided in a social services district, an official of such district\nshall authorize an assessment under the provisions of section three\nthousand six hundred sixteen of the public health law. If the results of\nthe assessment indicate that the person can receive the appropriate\nlevel of care at such location, and meets the appropriate standards for\ncontinued stay for such facility as are established by law and\nregulation, such official shall prepare for that person a plan for the\nprovision of services. In developing such plan, the official shall\nconsult with those persons performing the assessment and with the\noperator of the adult care facility. The services shall be provided by a\nlong term home health care program authorized pursuant to article\nthirty-six of the public health law, provided, however that\nnotwithstanding the provisions of section three thousand six hundred\nsixteen of such law, services shall not be provided prior to the\ncompletion of the assessment. At the time of the initial assessment and\nat the time of each subsequent assessment performed under the provisions\nof section three thousand six hundred sixteen of the public health law,\nor more often if the person's needs require, the official shall\nestablish a monthly budget in accordance with which he shall authorize\npayment for the services provided under that plan, provided, however\nthat no services shall be authorized in the plan which the operator of\nthe facility is required by law and regulation to provide. The long term\nhome health care program providing services authorized in such plan\nshall be solely responsible for managing and providing or arranging for\nsuch authorized services. The operator of the adult care facility shall\nbe solely responsible for managing and providing those services which\nthe facility is required by law or regulation to provide. However, the\ntwo entities shall collaborate to assure coordination. Total monthly\nexpenditures made under this title for such person shall not exceed a\nmaximum of fifty percent, or such lesser percentage as may be determined\nby the commissioner, of the average of the monthly rates paid under this\ntitle for the provision of nursing home services or health related care\nand services in intermediate care facilities, whichever is appropriate,\nwithin the social services district for which the official has\nauthority. However, if a continuing assessment of the person's needs\ndemonstrates that he or she requires increased services, the social\nservices official may authorize the expenditure of any amount accrued\nunder this section during the past twelve months as a result of the\nexpenditures for that person not exceeding such maximum. If an\nassessment of the person's needs demonstrates that he or she requires\nservices the payment for which would exceed such monthly maximum, but it\ncan be reasonably anticipated that total expenditures for required\nservices for such person will not exceed such maximum calculated over a\none year period, the social services official may authorize payment for\nsuch services. The provisions of this subdivision shall not be deemed to\nalter standards for admission to an adult care facility nor shall the\nadmission of a person into such facility be contingent on such person's\nenrollment in a long term home health care program.\n  6. Notwithstanding any inconsistent provision of law but subject to\nexpenditure limitations of this section, the commissioner, subject to\nthe approval of the state director of the budget, may authorize the\nutilization of medical assistance funds to pay for services provided by\nspecified long term home health care programs in addition to those\nservices included in the medical assistance program under section three\nhundred sixty-five-a of this chapter, so long as federal financial\nparticipation is available for such services. Expenditures made under\nthis subdivision shall be deemed payments for medical assistance for\nneedy persons and shall be subject to reimbursement by the state in\naccordance with the provisions of section three hundred sixty-eight-a of\nthis chapter.\n  7. No social services district shall make payments pursuant to title\nXIX of the federal Social Security Act for benefits available under\ntitle XVIII of such act without documentation that title XVIII claims\nhave been filed and denied.\n  8. No social services district shall make payment for a person\nreceiving a long term home health care program while payments are being\nmade for that person for inpatient care in a residential health care\nfacility or hospital.\n  9. The commissioner, together with the commissioner of health, shall\nsubmit a report to the governor, president pro tem of the senate and\nspeaker of the assembly by the first day of February, nineteen hundred\neighty, on the implementation of this section. Such report shall include\na statement of the scope and status of long term home health care\nprograms, the extent to which such programs have affected\ninstitutionalization, the costs associated with such programs, any\nrecommendations for legislative action, and such other matters as may be\npertinent.\n  10. This section shall be effective if, and as long as, federal aid is\navailable therefor.\n
N.Y. ENV Law § 23-1101 — New York Code / Act ENV / Article 23 / Title 11 / Section 23-1101
Procedure for obtaining oil and gas production lease
Status: in_force

§ 23-1101. Procedure for obtaining oil and gas production lease.\n  1. The department may make leases on behalf of this state, upon such\nterms and conditions including consideration as to the department seem\njust and proper for:\n  a. The exploration, development and production of gas in state-owned\nlands, except state park lands, state forests, reforestation areas,\nwildlife management areas, unique areas, the marine and coastal district\nas defined in section 13-0103 of this chapter, and the lands under the\nwaters of Lake Ontario or along its shoreline; and\n  b. The exploration, development and production of oil in state-owned\nlands, except state park lands, state forests, reforestation areas,\nwildlife management areas, unique areas, the marine and coastal district\nas defined in section 13-0103 of this chapter, and the lands under the\nwaters of Lake Erie and Lake Ontario or along their shorelines.\n  2. All oil and gas leases shall:\n  a. Be limited in duration to a period not to exceed ten years and as\nlong thereafter as oil and gas is produced in commercially paying\nquantities;\n  b. Provide for payment to the agency having jurisdiction over the\nleased lands of such consideration, royalties, rentals, bonuses and\nother compensation as shall, in the discretion of the department, be in\nthe best interests of the people of the state of New York;\n  c. Provide for prompt exploration followed within a reasonable time by\noperations for the production of oil and gas, if such be found, and\nshall also contain provisions for the termination of such lease by\nreason of the lessee's failure to so explore or operate;\n  d. Be invalid unless they shall have the prior approval of such state\ndepartment, division, bureau or agency thereof, or state agency having\njurisdiction over the land in question; and authority to give such\nconsent is hereby conferred upon the head of any such state department,\nor a division, bureau or agency thereof, or any state agency, and with\nrespect to lands under water held by the state in its sovereign\ncapacity, jurisdiction is deemed to be in the Commissioner of General\nServices; and\n  e. Be inapplicable to any state park lands and to any lands the\nleasing of which is prohibited by the State Constitution.\n  3. In addition to the requirements contained in paragraphs a, c and e\nof subdivision two of this section, all gas leases with respect to the\nlands under the waters of Lake Erie shall:\n  a. Provide for payment to the general fund of the state such\nconsideration, royalties, rentals, bonuses or other compensation as\nshall, in the discretion of the department, be in the best interests of\nthe people of the state of New York.\n  b. Require that no well shall be permitted nearer than one-half mile\nfrom the shore, two miles from public water intake areas, and one\nthousand feet from any other structure or installation in or on Lake\nErie.\n  c. Require that the following procedures be established if there is\nevidence suggesting that liquid hydrocarbons may exist in a stratum\npenetrated by the well bore:\n  (i) Drilling or completion operations shall cease immediately.\n  (ii) The department shall be notified of the evidence indicating the\npresence of liquid hydrocarbons, pursuant to such notification\narrangements as the department shall prescribe.\n  (iii) A formation test shall be conducted in the presence of a\ndepartment representative.\n  (iv) If the formation test indicates the presence of appreciable\nliquid hydrocarbons, the well bore shall be permanently plugged and\nabandoned from total depth to the lake bottom with cement.\n  (v) If the formation test does not indicate the presence of\nappreciable liquid hydrocarbons, drilling may be resumed after an\nintermediate string of casing has been set, cemented and tested.\n  (vi) If there is any further indication of liquid hydrocarbons the\nprocedures outlined in paragraphs one through five hereof shall be\nrepeated.\n  d. Require that each lessee, or other person desiring to install a\npipeline, bury the most shoreward portion of each pipeline, in\naccordance with rules and regulations which shall be promulgated by the\ndepartment, to obviate the risk of damage from ice, wave and wind\nconditions.\n  e. Be conditioned upon the posting by the responsible parties of a\nliability bond or liability insurance coverage in such form as the\ndepartment may by regulation require and in such amount as the\ndepartment shall deem to be reasonably sufficient to correct, repair or\nremedy to the satisfaction of the department any environmental damage or\nhazardous discharge resulting from gas exploration or recovery.\n  f. Provide that each lessee shall be strictly liable to the state for\nall reasonable expenses involved in the restoration of fresh water\nsupplies, cleanup of beaches, piers and other similar facilities, which\nmay be required as a result of exploration, drilling or production\noperations, and for liability claims arising therefrom.\n  g. Require each lessee to immediately notify the department of any\ndischarge of oil or other pollutant, to act expeditiously to terminate\nsuch discharge and to remove the substance discharged.\n  h. Provide for the use and regular inspection of modern anti-pollution\ndevices, including blow-out preventors on every drilling rig.\n  i. Provide that when a well is permanently abandoned for any reason it\nshall be permanently plugged by filling the well bore for its total\ndepth, with cement or other suitable material.\n  j. Provide that, where in the department's opinion, damage to the\nenvironment is imminent or an emergency exists, the department shall\norder the immediate plugging and abandonment, either temporary or\npermanent, of any well on lands beneath Lake Erie.\n  3-a. For any lease relating to the exploration, development, and\nproduction of gas or oil in state forests, reforestation areas, wildlife\nmanagement areas, and unique areas, which was entered into, on, or\nbefore the effective date of a chapter of the laws of two thousand\ntwenty-five which amended subdivision one of this section, any\nassignment, transfer, or modification of such lease shall not be\nconsidered the making of a lease under such law; provided, however, that\nno such assignment, transfer, or modification shall allow for an\nincrease in acreage under the lease, the expansion of existing gas or\noil wells, the drilling of new gas or oil wells, or the expansion or\nbuilding of any other new gas or oil infrastructure other than\nwell-plugging and remediation activities; and provided, further, that no\nsuch lease shall be continued or renewed upon expiration.\n  4. Any such oil, gas, or oil and gas lease or leases made and granted\npursuant to this section shall be awarded to the highest responsible\nbidder after advertisement for sealed bids. Such advertisements for bids\nshall be published in the official newspaper or newspapers, if any, or\notherwise in a newspaper or newspapers designated for such purpose. Such\nadvertisement shall contain a statement of the time and place where all\nbids received pursuant to such notice will be publicly opened and read.\nAll bids received shall be publicly opened and read at the time and\nplace specified. At least thirty days shall elapse between the first\npublication of such advertisement and the date specified for the opening\nand reading of bids. Bids shall be submitted on forms provided by the\ndepartment, which forms shall indicate the method or methods for\ncomputing compensation to the state for the lease and shall contain such\nother directions as may be appropriate to secure comparability of bids\nsubmitted for any given lease. The department, in its discretion, shall\ndetermine the highest bid after taking into consideration the\nanticipated compensation to be returned to the state under any such\nlease by way of royalty payments, delayed lease rental payments, bonuses\nor other compensation or consideration, or by a combination of any or\nall of the same. In cases where two or more responsible bidders submit\nidentical bids, the department in its discretion, may award the lease\ninvolved to any of such bidders. The department in its discretion, may\nalso reject any or all bids and readvertise for new bids. The department\nmay disallow any bid if the bidder upon request fails to furnish\nsatisfactory evidence of responsibility.\n  5. Notwithstanding the requirements contained in subdivision four of\nthis section, the department may negotiate and grant an oil or gas lease\non small parcels of stateowned land without public bid in order to\nconsolidate large drilling or production units controlled by a single\nentity. The department shall make a determination that public bid of\nsuch property is unreasonable or impracticable and publish such\ndetermination in the state register prior to the granting of any such\nlease.\n  6. Notwithstanding subdivision four of this section, the department\nmay negotiate and grant an oil or gas lease of lands identified in\nsubdivision one of this section where oil and gas exploration and\ndevelopment rights are co-owned by the state and another owner,\nincluding the United States. The department shall publish its intention\nto enter into negotiations on such lease in the state register prior to\nthe granting of any such lease.\n