N.Y. RPT Law § 485-J — New York Code / Act RPT / Article 4 / Title 2 / Section 485-J
Residential property improvement exemption; certain cities
Status: in_force

* § 485-j. Residential property improvement exemption; certain cities.\n1.  Construction of improvements to residential real property initiated\non or after the first day of January, two thousand six in the cities\nwith a population of not less than one hundred thirty thousand and not\nmore than one hundred sixty thousand may be exempt from city and school\ntaxation as provided in this section.\n  2. (a)(i) Such real property shall be exempt for a period of one year\nto the extent of one hundred per centum of the increase in assessed\nvalue thereof attributable to such construction and for an additional\nperiod of four years provided, however, that the extent of such\nexemption shall be decreased by twenty per centum each year during such\nadditional period of four years and such exemption shall be computed\nwith respect to the "exemption base". The exemption base shall be the\nincrease in assessed value due to improvements as determined by the\nassessor in the initial year of such five year period following the\nfiling of an original application.\n  (ii) The following table shall illustrate the computation of the city\ntax exemption:\nYear of exemption                  Percentage of exemption\n        1                                    100\n        2                                    80\n        3                                    60\n        4                                    40\n        5                                    20\n  (iii) Exemptions granted pursuant to this section shall apply to real\nproperty taxes imposed for both city and school district purposes.\n  (b) No such exemption shall be granted unless: (i) such construction\nof improvements was commenced on or after the first day of January two\nthousand six or such later date as may be specified by local law;\n  (ii) the residential real property is situate in a city with a\npopulation of not less than one hundred thirty thousand and not more\nthan one hundred sixty thousand;\n  (iii) the value of such construction exceeds the sum of ten thousand\ndollars; and\n  (iv) such construction is documented by a building permit, if\nrequired, for the improvements, or other appropriate documentation as\nrequired by the assessor.\n  (c) For purposes of this section the term "construction of\nimprovements" shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a city with a population\nof not less than one hundred thirty thousand and not more than one\nhundred sixty thousand on or before the appropriate taxable status date\nof such city and within one year from the date of completion of such\nconstruction of improvements.\n  4. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies by a city with a population of\nnot less than one hundred thirty thousand and not more than one hundred\nsixty thousand as provided in this section commencing with the\nassessment roll prepared after the taxable status date referred to in\nsubdivision three of this section. The assessed value of any exemption\ngranted pursuant to this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption shown in a separate column.\n  5. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for eligible purposes, the\nexemption granted pursuant to this section shall cease.\n  6. A city with a population of not less than one hundred thirty\nthousand and not more than one hundred sixty thousand may, by local law,\nestablish a date for the commencement of effectiveness of the exemption\noffered pursuant to this section. A copy of all such local laws shall be\nfiled with the commissioner and the assessor of the city.\n  * NB There are 5 § 485-j's\n
N.Y. ELN Law § 5-220 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-220
Registration; challenge after registered
Status: in_force

§ 5-220. Registration; challenge after registered. 1. Any person may\nchallenge the registration of a voter by executing and delivering to the\nboard of elections or a board taking registrations, his affidavit that\nhe has reason to believe that such voter's registration should be\ncancelled. Such affidavit shall contain the affiant's full name,\nresidence, and business address, the name of his employer, the\nregistration serial number of the person challenged and a recital of the\nreasons and the facts supporting affiant's belief that the person\nchallenged lacks the qualifications for voting prescribed in this\nchapter and specified in such affidavit. The affidavit shall state if\nthe reasons for challenge are based upon the affiant's personal\nknowledge, or upon information received from another person. If the\naffiant's belief is based upon information furnished by another, the\naffidavit shall recite the name of the person furnishing the information\nand the basis for his information. After the affiant has signed such\naffidavit a member of such board shall read to him and request him to\nsign the following oath, which shall be subscribed by such affiant: "I\ndo solemnly swear (or affirm) that the foregoing statement made by me on\n(insert day, month and year) is a truthful disclosure of the reasons for\nmy belief that the registered voter therein named is not qualified to\ncontinue to be registered in the election district in which he is now\nregistered." If the affiant shall take and sign such oath, the members\nof the board shall sign their names as witnesses below the affiant's\nsubscription to such oath. Each such affidavit shall be directed toward\nthe challenge of only one registrant. The board shall give full\nassistance to any person desiring to execute such an affidavit. The\nboard of elections shall furnish the necessary forms. Upon receipt of\nsuch affidavit the board of elections forthwith shall conduct an\ninvestigation of the voter's qualifications to remain registered in the\nsame manner as provided for applications for personal registration by\nmail. Any person whose registration is so challenged shall be notified\nthereof by the board of elections by registered or certified mail within\nfive days after the affidavit is received by it.\n  2. If the board of elections cannot complete its investigation, or\ncannot make a determination before the next election at which the\nregistrant could vote, it shall place his name on a challenge list as a\nperson to be challenged when voting.\n
N.Y. EDN Law § 2575-E — New York Code / Act EDN / Title 2 / Article 52 / Section 2575-E
Eligibility of retirees for membership in the board of education retirement system of the city of New York
Status: in_force

§ 2575-e. Eligibility of retirees for membership in the board of\neducation retirement system of the city of New York.  Notwithstanding\nany inconsistent provision of sections 13-267 and 13-379 of the\nadministrative code of the city of New York, or any other provision of\nthis chapter, or the code, or any other law, a person otherwise eligible\nfor membership in the board of education retirement system of the city\nof New York, who files with the board a statement duly executed and\nacknowledged consenting for the period of his or her active membership\nin the system to the suspension of all present benefits provided wholly\nor partly by the city through any other retirement system or pension\nfund and consenting and agreeing to membership and to the deductions for\nannuity purposes prescribed in this chapter shall be a member of the\nboard of education retirement system of the city of New York.  Upon the\nsubsequent retirement of such person from the board of education\nretirement system of the city of New York, he or she shall receive\nbenefits based on creditable service not included in the service upon\nwhich his or her retirement allowance or pension from such other\nretirement system or pension fund is or would be based, and, upon such\nsubsequent retirement, payment of the benefits provided through such\nother retirement system or pension fund, which had been suspended, shall\nbe resumed.\n
N.Y. GMU Law § 890-C — New York Code / Act GMU / Article 18-A / Title 2 / Section 890-C
Counties of Warren and Washington industrial development agency
Status: in_force

* § 890-c. Counties of Warren and Washington industrial development\nagency. For the benefit of the counties of Warren and Washington and the\ninhabitants thereof, an industrial development agency, to be known as\nthe COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY, is\nhereby established for the accomplishment of any or all of the purposes\nspecified in title one of article eighteen-A of this chapter. It shall\nconstitute a body corporate and politic, and be perpetual in duration.\nIt shall have the powers and duties now or hereafter conferred by title\none of article eighteen-A of this chapter upon industrial development\nagencies and provided that the exercise of the powers by such agency\nwith respect to the acquisition of real property whether by purchase,\ncondemnation or otherwise, shall be limited to the corporate limits of\nthe counties of Warren and Washington, and such agency shall take into\nconsideration the local zoning and planning regulations as well as the\nregional and local comprehensive land use plans. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing bodies of the counties of Warren and Washington. The\nagency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of title\none of article eighteen-A of this chapter, except that notwithstanding\nthe provisions of subdivision two of section eight hundred fifty-six of\narticle eighteen-A of this chapter, the counties of Warren and\nWashington industrial development agency shall consist of not less than\nsix nor more than ten members who shall be appointed by the governing\nbody of each municipality and who shall serve at the pleasure of the\nappointing authority.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 2018-F — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2018-F
Early mail ballots for school district elections by poll registration
Status: in_force

§ 2018-f. Early mail ballots for school district elections by poll\nregistration. 1. Notwithstanding the provisions of sections two thousand\nfourteen and two thousand eighteen-e of this part, the trustees or the\nboard of education of any common, union free, central or central high\nschool district which does not provide for the personal registration of\nvoters for school district meetings and elections but which elects\ntrustees or school board members by ballot, shall provide for early mail\nballots for the election of the trustees or members of the board and\nschool district public library trustees, the adoption of the annual\nbudget and school district public library budget and referenda.\n  1-a. Notwithstanding the provisions of sections two thousand fourteen\nand two thousand eighteen-e of this part, in any county with a\npopulation of one million or more, the trustees or the board of\neducation of any common, union free, central or central high school\ndistrict which does not provide for the personal registration of voters\nfor school district meetings and elections but which elects trustees or\nschool board members by ballot shall provide for early mail ballots for\nthe election of the trustees or members of the board and school district\npublic library trustees, the adoption of the annual budget and school\ndistrict public library budget and referenda.\n  2. a. An applicant for such an early mail ballot shall submit an\napplication setting forth (1) their name and residence address,\nincluding the street and number, if any, or town and rural delivery\nroute, if any; (2) that they are or will be, on the day of the school\ndistrict election, a qualified voter of the school district in which he\nresides in that he is or will be, on such date, over eighteen years of\nage, a citizen of the United States and has or will have resided in the\ndistrict for thirty days next preceding such date. Such application must\nbe received by the district clerk or designee of the trustees or school\nboard at least seven days before the election if the ballot is to be\nmailed to the voter, or the day before the election, if the ballot is to\nbe delivered personally to the voter.\n  b. Such application shall include the following statement to be signed\nby the voter.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of application for early mail\nballot, I shall be guilty of a misdemeanor.\nDate ................... Signature of Voter ............................\n  3. If, upon examining the application required under the provisions of\nsubdivision two of this section, and upon such inquiry as it deems\nproper, the clerk of the school district or designee of the trustees or\nschool board shall be satisfied that the applicant is a qualified voter\nof the district, and entitled to vote by early mail ballot, such clerk\nof the school district or designee of the trustees or school board shall\ncause to be issued or mailed to the applicant an early mail voter's\nballot and the clerk of the school district or designee of the trustees\nor school board shall make an appropriate entry on the poll list\npursuant to section two thousand twenty-nine of this part.\n  4. The clerk of the school district or a designee of the trustees or\nschool board shall also mail an early mail ballot to every qualified\nvoter otherwise eligible for such ballot, who requests an early mail\nballot from such clerk or trustees or school board designee in a letter\nwhich is signed by the voter and received by the clerk or trustees or\nschool board designee not earlier than the thirtieth day nor later than\nthe seventh day before the election for which the ballot is first\nrequested and which states the address where the voter resides and to\nwhich the ballot is to be mailed. The clerk or designee of the trustees\nor school board shall enclose with such ballot a form of application for\nearly mail ballot. The early mail ballot of a voter who requested such\nballot by letter, rather than application, shall not be counted unless a\nvalid application form, signed by such voter, is received by the clerk\nof the school district or designee of the trustees or school board with\nsuch ballot.\n  5. Ballots for early mail voters shall be, as nearly as practicable,\nin the same form as those to be voted at the district election; if the\nvote at such election shall be by ballot, the early mail ballot shall\nconform to the regular ballot; if the vote of such election shall be by\nvoting machine, the early mail ballot shall conform as closely as\npossible to the manner in which the names of the candidates, the\nquestions and the propositions appear on the voting machines, except\nthat the early mail ballot shall also contain a space for a write-in or\nwrite-ins. On the back of such early mail ballots shall be printed words\n"Official Ballot, Early Mail Voter".\n  6. a. The clerk of the school district or designee of the trustees or\nschool board shall enclose each early mail voter's ballot in an envelope\nwhich shall be labelled:\n                             ELECTION MATERIAL\n                             PLEASE EXPEDITE\n  On one side of such envelope shall be printed:\n                    OFFICIAL BALLOT, EARLY MAIL VOTER\n                                   for\n                        School District Election\nName of Voter ............\nResidence (street and number, if any) ...............\nCity (or Town) of  .....................\nCounty of ....................\nSchool District ...................\nSchool Election District (if applicable) ................\n  The date of the election and name of the school district shall be\nprinted, and the name of the voter, residence, school district and\nschool election district (if applicable) shall be included.\n  b. On the reverse side of such envelope shall be printed the following\nstatement:\n                      STATEMENT OF EARLY MAIL VOTER\n  I do declare that I am a citizen of the United States, and will be at\nleast eighteen years of age on the date of the school district election;\nthat I will have been a resident of this state and of the school\ndistrict and school election district, if any, shown on the reverse side\nof this envelope for thirty days next preceding the said election and\nthat I am or on such date will be, a qualified voter of said school\ndistrict; that I have not qualified, or do I intend to vote, elsewhere\nthan as set forth on the reverse side of this envelope; that I have not\nreceived or offered, do not expect to receive, have not paid, offered or\npromised to pay, contributed, offered or promised to contribute to\nanother to be paid or used, any money or other valuable thing, as a\ncompensation or reward for the giving or withholding of a vote at this\nschool district election, and have not made any promise to influence the\ngiving or withholding of any such votes; that I have not made or become\ndirectly or indirectly interested in any bet or wager depending upon the\nresult of this school district election; and that I have not been\nconvicted of bribery or any infamous crime, or, if so convicted, that I\nhave been pardoned or restored to all the rights of a citizen, without\nrestriction as to the right of suffrage, or have received a certificate\nof relief from disabilities or a certificate of good conduct pursuant to\narticle twenty-three of the correction law removing my disability to\nvote.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of early mail voter, I shall\nbe guilty of a misdemeanor.\nDate .................. Signature of Voter .............................\n  c. The envelope shall be gummed, ready for sealing, and shall have\nprinted thereon, on the side opposite the statement, instructions as to\nthe duties of the voter after the marking of the ballot, which\ninstructions shall include a specific direction stating that the\nenvelope must reach the office of the clerk of the school district or\ndesignee of the trustees or school board not later than five P.M. on the\nday of the election in order that their vote may be canvassed.\n  d. A person who shall make any material false statement in the\nstatement of the early mail voter appearing on the reverse side of the\nenvelope as provided in this subdivision, shall be guilty of a\nmisdemeanor.\n  7. The clerk of the school district or designee of the trustees or\nschool board shall make a list of all persons to whom early mail voter's\nballots shall have been issued and maintain such list where it shall be\navailable for public inspection during regular office hours until the\nday of the election. Any qualified voter may, upon examination of such\nlist, file a written challenge of the qualifications as a voter of any\nperson whose name appears on such list, stating the reasons for such\nchallenge. A challenge to an early mail ballot may not be made on the\nbasis that the voter should have applied for an absentee ballot. Such\nwritten challenge shall be transmitted by the clerk or the designee of\nthe trustees or school board to the inspectors of election on election\nday.\n  8. a. The clerk of the school district or designee of the trustees or\nschool board shall be authorized to call upon the commissioner of police\nand the officers and members of the police force for such assistance in\nthe enforcement of the provisions of this section as such trustees or\nboard shall require, and such commissioner and officers and members of\nthe police force shall be authorized to render such assistance.\n  b. The clerk of the school district or designee of the trustees or\nschool board may require any person to attend before it at the office of\nthe clerk of the school district or the office of the designee of the\ntrustees or school board and be examined by the trustees or board as to\nany matter in relation to which such trustees or board is charged with a\nduty under this section, and may issue a subpoena therefor. Each member\nof such trustees or board shall be authorized to administer any oath\nthat may be required or authorized by law in this connection.\n  9. No early mail voter's ballot shall be canvassed, unless it shall\nhave been received in the office of the clerk of the school district or\ndesignee of the trustees or school board not later than five P.M. on the\nday of the election.\n  10. The clerk of the district or designee of the trustees or school\nboard shall, on the day of the election, transmit all early mail voters'\nenvelopes, received by him in accordance with subdivision eight of this\nsection, to the inspectors of election.\n  11. If a person whose name is on an envelope as a voter shall have\nalready voted in person at such school district election, or if there is\nno signature on the envelope, this envelope shall be laid aside unopened\nand be returned unopened to the clerk of the district or designee of the\ntrustees or school board. If such person has not so voted in person, and\nif no objection is made, or if an objection made be not sustained, the\nenvelope shall be opened and the ballot withdrawn without unfolding and\ndeposited in the proper box or boxes.\n  12. If the inspectors of election shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the inspectors\nshall make a memorandum showing that the ballot is missing. When the\ncasting of early mail voters' ballots shall have been completed, the\ninspectors shall ascertain the number of such ballots which have been\ndeposited in the ballot box by deducting from the number of envelopes\nopened the number of missing ballots, and shall make a separate return\nthereof in duplicate. The number of early mail voters' ballots deposited\nin the ballot box shall be added to the number of other ballots to be\naccounted for in the ballot box. Such ballots shall then be counted or\ncanvassed by the inspectors of election along with the other ballots\ncast at such school district election, or, where voting machines are\nused, shall be added to the votes recorded on such machines.\n
N.Y. EDN Law § 1802 — New York Code / Act EDN / Title 2 / Article 37 / Section 1802
Organization procedure
Status: in_force

§ 1802. Organization procedure.  1. New central school districts shall\nbe organized as provided in this subdivision.\n  a. When an order laying out a central school district has been made\nand entered as provided in section eighteen hundred one of this chapter,\na petition may be presented by persons qualified to vote at school\ndistrict meetings asking for the organization of a central school\ndistrict and the establishment of a central school therein. Said\npetition shall be signed by at least one hundred of such qualified\nvoters or by a number of such qualified voters equal to at least ten per\ncentum of the pupils of said central school district as determined by\nthe last school census, whichever shall be less.\n  b. Said petition shall be filed with the commissioner and shall\nrequest that a meeting of the qualified voters within said territory be\ncalled for the purpose of determining whether or not such territory\nshall be organized as a central school district and a central school be\nestablished therein for instruction in elementary or elementary and high\nschool subjects. If the commissioner is satisfied that the petition has\nbeen duly signed as provided in this section, he shall fix a time and\nplace for a special meeting of the qualified voters within the central\nschool district, which meeting shall be held not more than thirty days\nafter the filing of the petition aforesaid.  The commissioner shall\ncause notice of such meeting to be posted at least ten days before the\nmeeting in three conspicuous places in each school district wholly or\npartly within the central school district. In addition to the posting of\nsuch notice, a copy thereof shall be published at least three days\nbefore the meeting in a daily or weekly newspaper published within the\nterritory or in a newspaper circulating therein. The expense of posting\nand publishing of the notice shall be borne equally by the several\nschool districts within the territory, unless a central school district\nis organized, in which event such expense shall become a charge upon\nsaid central school district.\n  2. Territory shall be annexed to a central school district as provided\nin this subdivision.\n  a. When an order annexing territory to a central school district has\nbeen made and entered as provided in section eighteen hundred one of\nthis chapter, the commissioner shall within ten days thereafter cause\ncertified copies of said order to be filed with the clerk of the central\nschool district and the trustee or trustees of each school district\naffected thereby. Said order annexing territory to the central school\ndistrict shall become final sixty days after such filing of the\ncertified copy thereof, unless a permissive referendum is requested as\nhereinafter provided. Said order may state that it shall take effect on\na date specified therein which date shall not, however, be earlier than\nsixty days after such filing.\n  b. When at least one hundred of the qualified voters residing in a\ncentral school district, as it existed prior to the order of annexation,\nor a number of such qualified voters equal to at least ten per centum of\nthe pupils therein, as determined by the last school census, whichever\nshall be less; or when at least one hundred qualified voters residing\nwithin any school district affected by such order or a number of such\nqualified voters equal to at least ten per centum of the pupils therein,\nas determined by the last school census, whichever shall be less, shall,\nwithin sixty days after the last filing of the copies of the aforesaid\norder, file a petition with the commissioner requesting a special\nmeeting of the qualified voters of such district affected thereby, a\nspecial meeting shall be held pursuant to notice, as hereinafter set\nforth, to determine whether the order annexing the school district or\ndistricts, or any one of such districts, shall be approved. If the\ncommissioner determines that the petition has been duly signed by the\nnumber of qualified voters required, he shall fix a time and place,\nwithin thirty days after the receipt by him of said petition, for a\nspecial meeting of the qualified voters of the central school district\nor school district in respect of which a petition has been filed as\naforesaid. The commissioner shall cause notice thereof to be posted at\nleast ten days before the meeting in ten conspicuous places in such\ncentral school district or such school district. In addition to the\nposting of such notice a copy thereof shall be duly published, at least\nthree days before the meeting, in a daily or weekly newspaper published\nwithin such central school district or any of the school districts in\nwhich such meeting is to be held, or in a newspaper circulating in the\nterritory. The expense of posting and publishing the notice aforesaid\nshall be a charge upon the central school district or school district\nconducting such meeting.\n
N.Y. EDN Law § 2588 — New York Code / Act EDN / Title 2 / Article 52 / Section 2588
Seniority, retention and displacement rights in connection with abolition of positions in city school districts of cities having more tha...
Status: in_force

§ 2588. Seniority, retention and displacement rights in connection\nwith abolition of positions in city school districts of cities having\nmore than one million inhabitants. 1. For the purposes of this section,\nthe tenure areas applicable to all professional education positions\nshall be defined as the license areas established by the city board\npursuant to subdivision ten of section twenty-five hundred seventy-three\nof this chapter, provided that, effective July first, nineteen hundred\nseventy-six, there shall be a single elementary teaching tenure area\nencompassing kindergarten through grade six. Such groupings of related\nlicense areas shall not affect the rights of persons whose services had\nbeen discontinued prior to the effective date of such groupings nor\nshall such groupings be applicable for purposes other than those of this\nsection; and provided that, on the effective date of this subdivision,\nthere shall be a single tenure area for personnel properly assigned or\nappointed prior to the effective date of this subdivision as assistant\nprincipals of day elementary school and supervisors of early childhood;\nand a single tenure area for personnel properly assigned or appointed\nprior to the effective date of this subdivision as assistant\nprincipals--junior high school--supervision, assistant\nprincipals--junior high school--administration, and supervisors of art,\nmusic, home economics, school library service, health and physical\neducation, audio-visual instruction, industrial arts, and bilingual\neducation. The tenure areas applicable to all intermediate supervisors\nproperly assigned or appointed on or after the effective date of this\nsubdivision shall be defined as the license areas established by the\ncity board.\n  2. If a position within a tenure area is abolished and another\nposition is created in such area for the performance of duties similar\nto those performed in the abolished position, the person filling such\noffice or position at the time of its abolition shall be appointed to\nthe position thus created without reduction in salary or increment,\nprovided the record of such person has been one of faithful, competent\nservice in the office or position he has filled.\n  3. (a) Whenever a teaching position is abolished under this chapter,\nthe services of the person holding a position within the tenure area of\nthe position which is to be abolished who has the least seniority in the\ncity school district, including all full-time equivalent substitute\nservice and all full-time equivalent service as a paraprofessional,\nshall be discontinued, provided that the services of a person who has\nacquired tenure within such tenure area shall not be discontinued if\nanother person holding a position within such tenure area has not\nacquired tenure.\n  (b) Whenever a supervisory position is abolished under this chapter,\nthe services of the member of the supervisory staff, except associate,\nassistant and other superintendents, principals and intermediate\nsupervisors serving in schools or programs under the jurisdiction of a\ncommunity school board or serving under the jurisdiction of the\nchancellor, having the least seniority within the tenure area of the\nposition abolished in the city school district, shall be discontinued.\nWhenever a principalship or intermediate supervisory position in a\nschool or program under the jurisdiction of a community school board is\nabolished under this chapter, the principal or intermediate supervisor\nserving in such position shall be entitled to be placed in any vacancy\nwithin the tenure area of such position within such community district\nwhich may exist, and if no such vacancies exist, he shall be entitled to\ndisplace the principal or intermediate supervisor with the least\nseniority within the tenure area of such position in the community\ndistrict, if he has greater seniority within the tenure area of such\nposition in the community district, than such person. Whenever a\nprincipalship or an intermediate supervisory position under the\njurisdiction of the chancellor is abolished under this chapter, the\nprincipal or intermediate supervisor serving in such position shall be\nentitled to be placed in any vacancy within the tenure area of such\nposition which may exist under the chancellor's jurisdiction, and if no\nsuch vacancies exist he shall be entitled to displace the principal or\nintermediate supervisor with the least seniority within the tenure area\nof such position under the jurisdiction of the chancellor if he has\ngreater seniority within the tenure area of such position under the\njurisdiction of the chancellor, than such person. Notwithstanding any\nother provision of law, an intermediate supervisor appointed or properly\nassigned prior to the effective date of this paragraph whose position is\nabolished shall be entitled to be placed in any vacancy within the\ntenure area of such position in the city school district, and if no such\nvacancy exists, shall be entitled to displace the intermediate\nsupervisor with the least seniority within that tenure area in the city\nschool district. For purposes of this section, an intermediate\nsupervisor shall be any person serving by appointment or properly\nassigned in the supervisory license area of: assistant principal--junior\nhigh school--administration, assistant principal--junior high\nschool--supervision, assistant principal--day elementary school,\neducation administrator--instruction specialist, assistant\nadministrative director, supervisor of a subject area.\n  (c) No later than September first, nineteen hundred seventy-six, the\nchancellor shall promulgate a list of the seniority rankings of all\nmembers of the teaching or supervisory staff computed in accordance with\nthe provisions of this subdivision. Such list shall be revised at least\nannually thereafter.\n  4. (a) A member of the teaching staff who has been regularly appointed\nor a member of the supervisory staff who has been properly assigned or\nappointed and whose services are terminated pursuant to this section,\nshall be entitled to be placed, upon his application, in a vacancy\nwithin the tenure area of a position where such individual shall have\npreviously served under regular appointment as a teacher or proper\nassignment or appointment as a supervisor, and if no such vacancies\nexist he shall be entitled to displace the person with least seniority\nserving in the tenure area of such other position, if he has greater\nseniority, based on length of service as a member of the teaching or\nsupervising staff in the city school district, including all full-time\nequivalent substitute service and all full-time equivalent service as a\nparaprofessional, than such person. A supervisor who reverts to a prior\nsupervisory license in which he had the right to placement within the\ncity school district shall retain such right and a supervisor who\nreverts to a prior supervisory license in which he previously had the\nright to placement only in a community school district shall be entitled\nto reversion solely in the community school district from which he is\ncurrently laid off. His salary thenceforth shall be fixed as though all\nservice rendered by him was in the position to which he is returned.\nProvided, however, that a member of the supervisory staff applying to\ndisplace a classroom teacher pursuant to this subdivision may include no\nmore than three years of service in a supervisory position in\ncalculating his seniority hereunder, and provided further that the\nseniority of any principal seeking to displace another supervisor in\naccordance with the provisions of this subdivision, shall be computed in\naccordance with the provisions of paragraph (b) of subdivision three of\nthis section.\n  (b) A person who returns to a position in a tenure area in which he\nhad previously served pursuant to the provisions of this subdivision\nshall retain any tenure rights he had previously acquired pursuant to\nthe provisions of section twenty-five hundred seventy-three of this\nchapter in such tenure area.\n  5. Notwithstanding any other provision of law, no classroom teaching\nposition may be abolished after the fifth school day of the fall school\nterm or after the fifth school day of the spring school term and all\ntransfers or personnel changes resulting from such abolitions which\nwould cause the displacement of a classroom teacher shall be completed\nprior to the fifteenth school day of such terms, provided that the\nchancellor, after counsulting with any affected community school board,\nmay waive the aforesaid limitations in a specific instance because of\nemergency conditions or for reasons of special hardship.\n  6. Notwithstanding any other provisions of law, except subdivisions\nfour and seven of this section, any member of the teaching staff whose\nservices have been terminated in accordance with the provision of this\nsection shall be eligible to be appointed to a vacant position for which\nsuch individual does not hold appropriate licensure, provided that the\nchancellor, upon the recommendation of the board of examiners, certifies\nthat such member is competent to serve in such vacant position and\nprovided further that such individual at the time of appointment meets\nthe minimum education and experience requirements for recertification\nestablished, for such position, shows satisfactory evidence of\nprogression toward licensure as defined by the city board, and meets the\nfull requirements for licensure in such position not later than three\nyears from the date of the appointment therein. Such member shall serve\nin such position at the salary of such position. Any person appointed to\na position for which he does not hold appropriate licensure prior to the\neffective date of this section, may continue to serve in such position\nonly if he meets the minimum education and experience requirements\nestablished for the position by February first, nineteen hundred\nseventy-eight, shows satisfactory evidence of progression toward\nlicensure as defined by the city board and meets the full requirements\nfor licensure in such position not later than three years from the date\nof appointment therein.\n  7. If an office or position is abolished or if it is consolidated with\nanother position without creating a new position, the person filling\nsuch position at the time of its abolition or consolidation, or a person\ndisplaced by a person with higher seniority as provided in this section,\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin the tenure area of such position, without reduction in salary or\nincrement, provided the record of such person has been one of faithful,\ncompetent service in the office or position he has filled. The persons\non such preferred list shall be reinstated or appointed to such\nvacancies in the order of their length of service in the city school\ndistrict, including all full-time equivalent substitute service and all\nfull-time equivalent service as a paraprofessional, provided that in the\ncase of vacancies in principalship positions under the jurisdiction of a\ncommunity school board, such persons shall be reinstated or reappointed\nin order of their length of service in the tenure area of the position\nin the community district and provided that intermediate supervisors\nproperly assigned or appointed on or after the effective date of this\nsubdivision to positions in a community district and who have been\nplaced on a preferred eligible list shall be entitled to reinstatement\nor reappointment to vacancies in their tenure area within that community\ndistrict in order of their length of service in the tenure area of the\nposition in the community district.\n  8. Notwithstanding any other provision of law or of this section, any\nperson whose services were discontinued because of the abolition of a\nposition during the period July first, nineteen hundred seventy-five and\nJune thirtieth, nineteen hundred eighty-eight shall be deemed to have\nbeen on leave of absence without pay and shall be entitled to include\nsuch period of discontinuance of services in computing his seniority in\nthe city school district for purposes of this section, provided the\nrecord of such person has been one of faithful, competent service in the\noffice or position he has filled and provided further that such person\nshall not receive pension credit or incremental salary step credit for\nsuch period of discontinuance of service.\n  * 9. (a) The use of artificial intelligence systems as defined by\nsection one hundred three-e of the state technology law shall not affect\n(i) the existing rights of employees pursuant to an existing collective\nbargaining agreement, or (ii) the existing representational\nrelationships among employee organizations or the bargaining\nrelationships between the employer and an employee organization.\n  (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\nexisting collective bargaining agreements; or (ii) transfer of existing\nduties and functions currently performed by the teaching and supervisory\nstaff of the city school district to an artificial intelligence system.\n  (c) The use of such artificial intelligence system shall not alter the\nrights or benefits, and privileges, including but not limited to terms\nand conditions of employment and civil service status. The collective\nbargaining unit membership status of all existing employees of the board\nof education shall be preserved and protected.\n  * NB Repealed July 1, 2028\n
N.Y. PBH Law § 613 — New York Code / Act PBH / Article 6 / Title 2 / Section 613
State aid; immunization
Status: in_force

§ 613. State aid; immunization. 1. (a) The commissioner shall develop\nand supervise the execution of a program of immunization, surveillance\nand testing, to raise to the highest reasonable level the immunity of\nthe children of the state against communicable diseases including, but\nnot limited to, influenza, poliomyelitis, measles, mumps, rubella,\nhaemophilus influenzae type b (Hib), diphtheria, pertussis, tetanus,\nvaricella, hepatitis B, pneumococcal disease, and the immunity of adults\nof the state against diseases identified by the commissioner, including\nbut not limited to influenza, smallpox, hepatitis and such other\ndiseases as the commissioner may designate through regulation.\nMunicipalities in the state shall maintain local programs of\nimmunization to raise the immunity of the children and adults of each\nmunicipality to the highest reasonable level, in accordance with an\napplication for state aid submitted by the municipality and approved by\nthe commissioner. Such programs shall include assurance of provision of\nvaccine, serological testing of individuals and educational efforts to\ninform health care providers and target populations or their parents, if\nthey are minors, of the facts relative to these diseases and\nimmunizations to prevent their occurrence.\n  (b) In connection with efforts to raise the immunity of children\nagainst influenza, the commissioner shall administer a program of\ninfluenza education to the families of children ages six months to\neighteen years of age who attend licensed and registered day care\nprograms, nursery schools, pre-kindergarten, kindergarten, school age\nchild care programs, public schools or non-public schools. Such program\nshall include educational materials on influenza and the benefits of\ninfluenza immunizations to be made available on the department's website\nin anticipation of times of highest risk for contraction of influenza as\ndetermined by the commissioner. The office of children and family\nservices, the department of education, and the New York city department\nof health and mental hygiene shall, as part of their routine\nnotification processes, notify licensed and registered day care\nprograms, nursery schools, pre-kindergarten programs, kindergarten\nprograms, school age child care programs, public schools and non-public\nschools that the information regarding immunizations for influenza is\nfree and accessible on the department's website and such information\nshall be posted in such licensed and registered day care programs,\nnursery schools, pre-kindergartens, kindergartens, school age child care\nprograms, public schools and non-public schools in plain view in\nanticipation of such times of highest risk for contraction of influenza\nas determined by the commissioner.\n  (c) The commissioner shall invite and encourage the active assistance\nand cooperation in such education activities of: the medical societies,\norganizations of other licensed health personnel, hospitals,\ncorporations subject to article forty-three of the insurance law, trade\nunions, trade associations, parents and teachers and their associations,\norganizations of child care resource and referral agencies, the media of\nmass communication, and such other voluntary groups and organizations of\ncitizens as he or she shall deem appropriate. The public health and\nhealth planning council, the department of education, the department of\nfamily assistance, and the department of mental hygiene shall provide\nthe commissioner with such assistance in carrying out the program as he\nor she shall request. All other state agencies shall also render such\nassistance as the commissioner may reasonably require for this program.\nNothing in this subdivision shall authorize mandatory immunization of\nadults or children, except as provided in sections twenty-one hundred\nsixty-four and twenty-one hundred sixty-five of this chapter.\n  2. The commissioner shall set such standards as he shall deem\nnecessary for the proper, safe, and efficient administration of the\nprogram. He shall direct an annual survey to determine the immunization\nlevel of children entering school, and shall conduct annually an audit\nof such survey and an audit of the immunization level of children\nattending school. State aid provided by this article shall be reduced by\nten percent, provided however that state aid for essential public health\nactivities shall not be reduced, unless a municipality has submitted, in\ncooperation with local school districts, a plan within ninety days after\nthe commissioner shall have certified to such municipality the results\nof his survey of the immunization level of children entering schools in\nsuch local school districts. Such plan shall be submitted for the next\nensuing school year and a subsequent plan shall be submitted annually\nthereafter for assuring that immunizing agents are administered to\npre-school children within a reasonable time prior to but, in any event,\nno later than their entrance into school, and to students generally, as\nrequired pursuant to section twenty-one hundred sixty-four of this\nchapter. Such plan shall include the manner in which immunization\nactivities are coordinated among the local health authority and the\nschool districts. Such reduction in state aid and the requirement that a\nmunicipality submit an immunization plan shall not be applicable to any\nmunicipality where ninety percent or more of its children entering\nschool are immunized. The determination of the percentage of\nimmunization shall be made by the commissioner based upon his audit of\nimmunization surveys.\n  3. The commissioner shall expend such funds as the legislature shall\nmake available for the purpose of adult and child immunization programs,\nincluding quality assurance and immunization education:\n  (a) directly through the department;\n  (b) by allocation to municipalities with qualifying programs for\nreimbursement in accordance with provisions of this section; or\n  (c) by contract.\n  4. The commissioner shall expend such funds as the legislature shall\nmake available for the purchase of the vaccines described in subdivision\none of this section. Vaccines purchased with funds made available under\nthis section shall be made available without charge to licensed private\nphysicians, hospitals, clinics and such others as the commissioner shall\ndetermine, and no charge shall be made to any patient for such vaccines.\n
N.Y. RPT Law § 421-O — New York Code / Act RPT / Article 4 / Title 2 / Section 421-O
Exemption of capital improvements to multiple dwelling buildings within certain cities
Status: in_force

* § 421-o. Exemption of capital improvements to multiple dwelling\nbuildings within certain cities. 1. Multiple dwelling buildings,\nreconstructed, altered, converted back to an owner occupied single\nfamily dwelling located in any city having a population of more than\neight thousand inhabitants but fewer than nine thousand inhabitants,\nthat is located in a county having a population of more than\nninety-seven thousand inhabitants but fewer than ninety-nine thousand\ninhabitants, determined in accordance with the latest federal decennial\ncensus, that are reconstructed, altered or improved subsequent to the\neffective date of a local law or resolution pursuant to this section\nshall be exempt from taxation and special ad valorem levies to the\nextent provided hereinafter. After a public hearing, the governing board\nof such city may adopt a local law to grant the exemption authorized\npursuant to this section. A copy of such local law shall be filed with\nthe commissioner and the assessor of such city who prepares the\nassessment roll on which the taxes of such city are levied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such reconstruction, alteration or\nimprovement and for an additional period of eleven years subject to the\nfollowing:\n  (i) The extent of such exemption shall be decreased by eight and\none-third percent of the "exemption base" each year during such\nadditional period. The "exemption base" shall be the increase in\nassessed value as determined in the initial year of the term of the\nexemption, except as provided in subparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) Such exemption shall be limited to one hundred thousand dollars\nin increased market value, or such other sum less than one hundred\nthousand dollars, but not less than ten thousand dollars as may be\nprovided by the local law or resolution, of the property attributable to\nsuch reconstruction, alteration or improvement and any increase in\nmarket value greater than such amount shall not be eligible for the\nexemption pursuant to this section. For the purposes of this section,\nthe market value of the reconstruction, alteration or improvement shall\nbe equal to the increased assessed value attributable to such\nreconstruction, alteration or improvement divided by the most recently\nestablished state equalization rate for such city. Where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, the increase in assessed value attributable to such\nreconstruction, alteration or improvement shall be deemed to equal the\nmarket value of such reconstruction, alteration or improvement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or converted improvement was\ncommenced subsequent to the effective date of the local law adopted\npursuant to subdivision one of this section by such city;\n  (ii) the value of such reconstruction, alteration or improvement\nexceeds five thousand dollars; and\n  (iii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. For purposes of this section, an owner occupied single family\ndwelling shall mean any building or structure designed and occupied as\nthe temporary or permanent residence or home of one family.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  7. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing residence building structure\nto prevent physical deterioration of the structure or to comply with\napplicable building, sanitary, health and/or fire codes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  * NB There are 2 § 421-o's\n
N.Y. EDN Law § 1530 — New York Code / Act EDN / Title 2 / Article 32 / Section 1530
Proceedings to compel filing of statements or corrected statements of campaign expenditures and contributions
Status: in_force

§ 1530. Proceedings to compel filing of statements or corrected\nstatements of campaign expenditures and contributions.  1. The supreme\ncourt or a justice thereof, in a proceeding instituted by any candidate\nvoted for at the election or by any five qualified voters may compel by\norder, any candidate required under the provisions of this chapter to\nfile a statement of expenditures or contributions for campaign purposes,\nwho has not filed any such statement within the time prescribed by this\nchapter, to file such statement within five days after notice of the\norder.\n  2. The supreme court or a justice thereof, in a proceeding instituted\nby any candidate voted for at the election or by any five qualified\nvoters, may compel by order any candidate or other person or persons\nrequired under the provisions of this chapter to file a statement of\nexpenditures or contributions for campaign purposes, who has filed a\nstatement which does not conform to the requirements of this chapter in\nrespect to its truth, sufficiency in detail or otherwise, to file a new\nor supplemental statement which shall make the statement or statements\ntrue and complete within five days after notice of the order.\n  3. In every proceeding instituted under this section, the court may\nconfer immunity in accordance with the provisions of section 50.20 of\nthe criminal procedure law; provided, however, that no immunity shall be\nconferred except upon twenty-four hours prior written notice to both the\nattorney general and the appropriate district attorney having an\nofficial interest therein.\n
N.Y. EDN Law § 2018-B — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2018-B
Absentee ballots for school district elections by poll registration
Status: in_force

§ 2018-b. Absentee ballots for school district elections by poll\nregistration.  1. Notwithstanding the provisions of sections two\nthousand fourteen and two thousand eighteen-a of this article, the\ntrustees or the board of education of any common, union free, central or\ncentral high school district which does not provide for the personal\nregistration of voters for school district meetings and elections but\nwhich elects trustees or school board members by ballot, shall provide\nfor absentee ballots for the election of the trustees or members of the\nboard and school district public library trustees, the adoption of the\nannual budget and school district public library budget and referenda.\n  1-a. Notwithstanding the provisions of sections two thousand fourteen\nand two thousand eighteen-a of this article, in any county with a\npopulation of one million or more, the trustees or the board of\neducation of any common, union free, central or central high school\ndistrict which does not provide for the personal registration of voters\nfor school district meetings and elections but which elects trustees or\nschool board members by ballot shall provide for absentee ballots for\nthe election of the trustees or members of the board and school district\npublic library trustees, the adoption of the annual budget and school\ndistrict public library budget and referenda.\n  2. a. An applicant for such an absentee ballot shall submit an\napplication setting forth:\n  (1) such applicant's full name, date of birth and residence address,\nincluding the street and number, if any, or town and rural delivery\nroute, if any, mailing address if different from the residence address\nand an address to which the ballot shall be mailed;\n  (2) that such applicant is or will be, on the day of the school\ndistrict election, a qualified voter of the school district;\n  (3) a statement, as appropriate, that on the day of such election the\napplicant expects in good faith to be in one of the following\ncategories:\n  (a) a resident or patient in a hospital, including a veteran's\nadministration hospital, or unable to appear personally at the polling\nplace on such day because of illness or physical disability, or duties\nrelated to the primary care of one or more individuals who are ill or\nphysically disabled; or\n  (b) absent from the county of such applicant's residence; provided,\nhowever, if the applicant expects to be absent from such county for a\nduration covering more than one election and seeks an absentee ballot\nfor each election, such applicant shall state the dates when they expect\nto begin and end such absence; or\n  (c) detained in jail awaiting action by a grand jury or awaiting trial\nor confined in jail or prison after a conviction for an offense other\nthan a felony and stating the place where such applicant is so detained\nor confined.\n  b. Such application must be received by the district clerk or designee\nof the trustees or school board at least seven days before the election\nif the ballot is to be mailed to the voter, or the day before the\nelection, if the ballot is to be delivered personally to the voter.\n  c. Such application shall include the following statement to be signed\nby the voter.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of application for absentee\nballots, I shall be guilty of a misdemeanor.\nDate...................   Signature of Voter ...........................\n  d. The clerk of the school district or a designee of the trustees or\nschool board shall request registration lists from the board of\nelections pursuant to subdivision three of section 5-612 of the election\nlaw for those voters whose registration record has been marked\n"permanently disabled". An applicant whose ability to appear personally\nat the polling place of the school district of which such applicant is a\nqualified voter is substantially impaired by reason of permanent illness\nor physical disability and whose registration record has been marked\n"permanently disabled" as determined by the board of elections pursuant\nto the provisions of this chapter and who has previously applied for an\nabsentee ballot shall be entitled to receive subsequent absentee ballots\npursuant to the provisions of this section without making separate\napplication for such absentee ballot, and the clerk of the school\ndistrict or a designee of the trustees or school board shall send an\nabsentee ballot to such voter at such voter's last known address with a\nrequest to the postal authorities not to forward same but to return same\nin five days in the event that it cannot be delivered to the addressee.\nThe clerk of the school district or a designee of the trustees or school\nboard shall determine whether such ballot shall be sent by first class\nor by certified mail. All such ballots shall be mailed in the same\nmanner as determined by the trustees or the board of education.\n  3. If, upon examining the application required under the provisions of\nsubdivision two of this section, and upon such inquiry as it deems\nproper, the clerk of the school district or designee of the trustees or\nschool board shall be satisfied that the applicant is a qualified voter\nof the district, and entitled to vote by absentee ballot, such clerk of\nthe school district or designee of the trustees or school board shall\ncause to be issued or mailed to the applicant an absentee voter's ballot\nand the clerk of the school district or designee of the trustees or\nschool board shall make an appropriate entry on the poll list pursuant\nto section two thousand twenty-nine of this part.\n  4. The clerk of the school district or a designee of the trustees or\nschool board shall also mail an absentee ballot to every qualified voter\notherwise eligible for such ballot, who requests an absentee ballot from\nsuch clerk or trustees or school board designee in a letter which is\nsigned by the voter and received by the clerk or trustees or school\nboard designee not earlier than the thirtieth day nor later than the\nseventh day before the election for which the ballot is first requested\nand which states the address where the voter resides and to which the\nballot is to be mailed. The clerk or designee of the trustees or school\nboard shall enclose with such ballot a form of application for absentee\nballot. The absentee ballot of a voter who requested such ballot by\nletter, rather than application, shall not be counted unless a valid\napplication form, signed by such voter, is received by the clerk of the\nschool district or designee of the trustees or school board with such\nballot.\n  5. Ballots for absentee voters shall be, as nearly as practicable, in\nthe same form as those to be voted at the district election; if the vote\nat such election shall be by ballot, the absentee ballot shall conform\nto the regular ballot; if the vote of such election shall be by voting\nmachine, the absentee ballot shall conform as closely as possible to the\nmanner in which the names of the candidates, the questions and the\npropositions appear on the voting machines, except that the absentee\nballot shall also contain a space for a write-in or write-ins. On the\nback of such absentee ballots shall be printed words "Official Ballot,\nAbsentee Voter."\n  6. a. The clerk of the school district or designee of the trustees or\nschool board shall enclose each absentee voter's ballot in an envelope\nwhich shall be labelled:\n                            ELECTION MATERIAL\n                             PLEASE EXPEDITE\n  On one side of such envelope shall be printed:\n                     OFFICIAL BALLOT, ABSENTEE VOTER\n                                   for\n                        School District Election\nName of Voter ..........................................................\nResidence (street and number, if any) ..................................\nCity (or Town) of ......................................................\nCounty of ..............................................................\nSchool District ........................................................\nSchool Election District (if applicable) ...............................\n  The date of the election and name of the school district shall be\nprinted, and the name of the voter, residence, school district and\nschool election district (if applicable) shall be included.\n  b. On the reverse side of such envelope shall be printed the following\nstatement:\n                       STATEMENT OF ABSENTEE VOTER\n  I do declare that I am a citizen of the United States, and will be at\nleast eighteen years of age on the date of the school district election;\nthat I will have been a resident of this state and of the school\ndistrict and school election district, if any, shown on the reverse side\nof this envelope for thirty days next preceding the said election and\nthat I am or on such date will be, a qualified voter of said school\ndistrict; that I will be unable to appear personally on the day of said\nschool district election at the polling place of the said district in\nwhich I am or will be a qualified voter because of the reason stated on\nmy application heretofore submitted; that I have not qualified, or do I\nintend to vote, elsewhere than as set forth on the reverse side of this\nenvelope; that I have not received or offered, do not expect to receive,\nhave not paid, offered or promised to pay, contributed, offered or\npromised to contribute to another to be paid or used, any money or other\nvaluable thing, as a compensation or reward for the giving or\nwithholding of a vote at this school district election, and have not\nmade any promise to influence the giving or withholding of any such\nvotes; that I have not made or become directly or indirectly interested\nin any bet or wager depending upon the result of this school district\nelection; and that I have not been convicted of bribery or any infamous\ncrime, or, if so convicted, that I have been pardoned or restored to all\nthe rights of a citizen, without restriction as to the right of\nsuffrage, or have received a certificate of relief from disabilities or\na certificate of good conduct pursuant to article twenty-three of the\ncorrection law removing my disability to vote.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of absentee voter, I shall be\nguilty of a misdemeanor.\n  Date....................Signature of Voter ...........................\n  c. The envelope shall be gummed, ready for sealing, and shall have\nprinted thereon, on the side opposite the statement, instructions as to\nthe duties of the voter after the marking of the ballot, which\ninstructions shall include a specific direction stating that the\nenvelope must reach the office of the clerk of the school district or\ndesignee of the trustees or school board not later than five P.M. on the\nday of the election in order that his vote may be canvassed.\n  d. A person who shall make any material false statement in the\nstatement of the absentee voter appearing on the reverse side of the\nenvelope as provided in this subdivision, shall be guilty of a\nmisdemeanor.\n  7. The clerk of the school district or designee of the trustees or\nschool board shall make a list of all persons to whom absentee voter's\nballots shall have been issued and maintain such list where it shall be\navailable for public inspection during regular office hours until the\nday of the election. Any qualified voter may, upon examination of such\nlist, file a written challenge of the qualifications as a voter of any\nperson whose name appears on such list, stating the reasons for such\nchallenge. A challenge to an absentee ballot may not be made on the\nbasis that the voter should have applied for an early mail ballot. Such\nwritten challenge shall be transmitted by the clerk or the designee of\nthe trustees or school board to the inspectors of election on election\nday.\n  8. a. The clerk of the school district or designee of the trustees or\nschool board shall be authorized to call upon the commissioner of police\nand the officers and members of the police force for such assistance in\nthe enforcement of the provisions of this section as such trustees or\nboard shall require, and such commissioner and officers and members of\nthe police force shall be authorized to render such assistance.\n  b. The clerk of the school district or designee of the trustees or\nschool board may require any person to attend before it at the office of\nthe clerk of the school district or the office of the designee of the\ntrustees or school board and be examined by the trustees or board as to\nany matter in relation to which such trustees or board is charged with a\nduty under this section, and may issue a subpoena therefor. Each member\nof such trustees or board shall be authorized to administer any oath\nthat may be required or authorized by law in this connection.\n  9. No absentee voter's ballot shall be canvassed, unless it shall have\nbeen received in the office of the clerk of the school district or\ndesignee of the trustees or school board not later than five P.M. on the\nday of the election.\n  10. The clerk of the district or designee of the trustees or school\nboard shall, on the day of the election, transmit all absentee voters'\nenvelopes, received by him in accordance with subdivision eight of this\nsection, to the inspectors of election.\n  11. If a person whose name is on an envelope as a voter shall have\nalready voted in person at such school district election, or if there is\nno signature on the envelope, this envelope shall be laid aside unopened\nand be returned unopened to the clerk of the district or designee of the\ntrustees or school board. If such person has not so voted in person, and\nif no objection is made, or if an objection made be not sustained, the\nenvelope shall be opened and the ballot withdrawn without unfolding and\ndeposited in the proper box or boxes.\n  12. If the inspectors of election shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the inspectors\nshall make a memorandum showing that the ballot is missing. When the\ncasting of absentee voters' ballots shall have been completed, the\ninspectors shall ascertain the number of such ballots which have been\ndeposited in the ballot box by deducting from the number of envelopes\nopened the number of missing ballots, and shall make a separate return\nthereof in duplicate. The number of absentee voters' ballots deposited\nin the ballot box shall be added to the number of other ballots to be\naccounted for in the ballot box. Such ballots shall then be counted or\ncanvassed by the inspectors of election along with the other ballots\ncast at such school district election, or, where voting machines are\nused, shall be added to the votes recorded on such machines.\n
N.Y. RPT Law § 489-W — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-W
Railroad ceiling; transitional adjustment
Status: in_force

§ 489-w. Railroad ceiling; transitional adjustment. 1. Any reduction\nin a railroad ceiling established pursuant to this title or title two-B\nof this article resulting from amendments to this title or title two-B\nof this article effective in the year two thousand three for assessment\nrolls filed in two thousand three through two thousand eight shall be\nadjusted as follows:\n  (a) Ceilings for assessment rolls filed in two thousand three and two\nthousand four shall only be reduced by one-fourth of the difference\nbetween the ceilings or assessments against which taxes were levied on\nassessment rolls filed in two thousand and the ceilings that would be\nestablished for the two thousand three and two thousand four assessment\nrolls but for the provisions of this section.\n  (b) Ceilings for assessment rolls filed in two thousand five and two\nthousand six shall only be reduced by one-half of the difference between\nthe ceilings or assessments against which taxes were levied on\nassessment rolls filed in two thousand, and the ceilings that would be\nestablished for the two thousand five and two thousand six assessment\nrolls but for the provisions of this section.\n  (c) Ceilings for assessment rolls filed in two thousand seven and two\nthousand eight shall only be reduced by three-quarters of the difference\nbetween the ceilings or assessments against which taxes were levied on\nassessment rolls filed in two thousand and the ceilings that would be\nestablished for the two thousand seven and two thousand eight assessment\nrolls but for the provisions of this section.\n  (d) In calculating the limitations created by this section, the\ncommissioner shall reflect any material change in level of assessment\ncalculated pursuant to article twelve of this chapter and any new\nconstruction or demolition in the net amount of five hundred thousand\ndollars or more in any one year.\n  2. State assistance shall be paid pursuant to this section, beginning\nin the year two thousand three, to municipal corporations and special\ndistricts that are affected by amendments to this title or title two-B\nof this article enacted in the year two thousand two; provided that the\ndetermination of such assistance shall be subject to the approval of the\ndirector of the budget.\n  (a) Upon issuance of a warrant by a tax-levying body for an assessment\nroll filed in the year two thousand three, the chief fiscal officer of\nsuch tax-levying body shall report to the commissioner the amount of\ntaxes due on any assessment of railroad transportation property\nappearing on such roll, or the taxes that would have been due on the\nrailroad ceiling for that property if such ceiling were higher than the\nassessment, and the taxes paid on the same assessment of such railroad\nreal property appearing on the assessment roll filed in the year two\nthousand. A county shall prepare a single report for the cities, towns,\nand special districts for which it levies taxes. The commissioner shall\nthereupon certify to the comptroller payment of state assistance in the\namount by which the amount of taxes paid on those assessments or\nceilings on the assessment roll filed in the year two thousand exceed\nthe taxes due on the lower of the assessment or ceiling of railroad\ntransportation property appearing on the assessment roll filed in the\nyear two thousand three.\n  (b) Upon annexation of a warrant to an assessment roll filed in two\nthousand four through two thousand six, the commissioner shall certify\npayments in the same amount as those certified for assessment rolls\ncompleted in two thousand three. Upon annexation of a warrant to an\nassessment roll filed in two thousand seven and two thousand eight, the\ncommissioner shall certify payments in the amount of one hundred fifty\npercent of the amount certified for assessment rolls completed in two\nthousand three. For assessment rolls completed in two thousand nine\nthrough two thousand twelve, the commissioner shall certify payments in\nthe amount of two hundred percent of the amount certified for assessment\nrolls completed in two thousand three. Any state aid pursuant to this\nsection may be reduced proportionately to reflect an increase in\nrailroad ceilings due to the failure of the owner to receive increased\ndepreciation as provided in section four hundred eighty-nine-g or\nsection four hundred eighty-nine-ii of this article. Such state\nassistance shall not be available for assessment rolls completed in two\nthousand thirteen and thereafter.\n  (c) The amount of any assistance certified pursuant to this section\nmay be modified to reflect proportionally new construction or demolition\nin the net amount of five hundred thousand dollars or more in any one\nyear.\n  (d) No payment of state aid shall be made pursuant to this section if\na railroad ceiling, adjusted pursuant to paragraph (c) of this\nsubdivision, is higher than the ceiling established for the assessment\nroll filed in the year two thousand.\n  (e) No payment of state aid shall be made pursuant to this section if\nthe amount of such payment would be less than one hundred dollars.\n  3. State assistance shall be paid pursuant to this section to\nmunicipal corporations and special districts that are affected by any\nexemption of railroad real property as a result of acquisition by a\npublic authority, or lease or sublease of such railroad real property by\nthe public authority; provided that such contract for acquisition, or\nlease or sublease of such railroad real property by the public authority\nwent into effect in the year two thousand three. Such assistance shall\nbe equivalent to the amount the municipality or special district would\nhave received pursuant to subdivision two of this section as if such\nacquisition, lease or sublease of such railroad real property by such\npublic authority had not occurred.\n
N.Y. RPT Law § 485-W — New York Code / Act RPT / Article 4 / Title 2 / Section 485-W
Newly constructed single-family and multi-family residential exemption; certain villages
Status: in_force

* § 485-w. Newly constructed single-family and multi-family\nresidential exemption; certain villages. 1. Single-family and\nmulti-family residential properties constructed subsequent to the\neffective date of a local law adopted pursuant to this section shall be\nexempt from village taxes to the extent provided in this section. After\na public hearing, the governing board of a village with a population\ngreater than three thousand six hundred fifty and less than three\nthousand six hundred sixty, based upon the latest federal decennial\ncensus may, by local law, provide for the exemption of real property\nfrom taxation as provided in this section. A copy of such local law\nshall be filed with the commissioner and the assessor of such\nmunicipality who prepares the assessment roll on which the taxes of such\nmunicipality are levied.\n  2. (a)(i) Eligible newly constructed single-family and multi-family\nresidential property shall be exempt according to the following\nschedule:\n   CONSTRUCTION OF SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL PROPERTY\n                    Year of exemption   Exemption\n                          1                25%\n                          2                20%\n                          3                15%\n                          4                10%\n                          5                 5%\n  (ii) Such exemption shall apply solely to the increase in assessed\nvalue thereof attributable to the construction of the single-family and\nmulti-family residential property.\n  (b) No such exemption shall be granted unless:\n  (i) Such construction occurred on vacant, predominantly vacant or\nunder-utilized land; and\n  (ii) Such construction commenced on or after the effective date of the\nlocal law described in subdivision one of this section, but no later\nthan five years after the effective date of this section.\n  3. Application for exemption under this section shall be made on a\nform prescribed by the commissioner and filed with such assessor on or\nbefore the applicable taxable status date and within one year from the\ndate of completion of such construction.\n  4. If such assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation as provided in this section commencing with the assessment roll\nprepared after the taxable status date referred to in subdivision three\nof this section. The assessed value of any exemption granted pursuant to\nthis section shall be entered by the assessor on the assessment roll\nwith the taxable property, with the amount of the exemption shown in a\nseparate column.\n  5. The provisions of this section shall apply to real property used as\nthe primary residence of the owner.\n  6. A village with a population greater than three thousand six hundred\nfifty and less than three thousand six hundred sixty, based upon the\nlatest federal decennial census may, by local law, establish a date for\nthe commencement of effectiveness of the exemption offered pursuant to\nthis section and may provide that such amount calculated pursuant to\nsubparagraph (ii) of paragraph (a) of subdivision two of this section\nshall not exceed three hundred seventy-five thousand dollars per\nproperty.\n  7. A local law adopted pursuant to this section may be repealed by the\ngoverning body of the applicable village. In the event of such a repeal,\nthe exemption granted pursuant to this section shall cease.\n  * NB Repealed August 17, 2032\n
N.Y. GMU Law § 902-C — New York Code / Act GMU / Article 18-A / Title 2 / Section 902-C
City of Mount Vernon industrial development agency
Status: in_force

* § 902-c. City of Mount Vernon industrial development agency. (a) For\nthe purposes of this section "governing body" as used in title one of\narticle eighteen-A of this chapter shall mean the mayor of the city, and\n"city" shall mean the city of Mount Vernon.\n  (b) For the benefit of the city of Mount Vernon and the inhabitants\nthereof, an industrial development agency, to be known as the CITY OF\nMOUNT VERNON INDUSTRIAL DEVELOPMENT AGENCY, is hereby established for\nthe accomplishment of any or all of the purposes specified in title one\nof article eighteen-A of this chapter. It shall constitute a body\ncorporate and politic, and be perpetual in duration. It shall have the\npowers and duties now or hereafter conferred by title one of article\neighteen-A of this chapter upon industrial development agencies, except\nthat the agency's power of condemnation shall not be exercised without\nprior approval of the city council of the city, and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property, whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Mount Vernon, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter,\nexcept that the members shall be appointed by the mayor of said city and\nshall serve at the pleasure of the mayor. The mayor shall designate the\nfirst chairman. Except as otherwise provided in this section, the\nagency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of title\none of article eighteen-A of this chapter.\n  (c) The city shall have the power to make, or contract to make grants\nor loans, including but not limited to grants or loans of money, to the\nagency in such amounts, upon such terms and conditions and for such\nperiod or periods of time as in the judgment of the city and the agency\nare necessary or appropriate for the accomplishment of any of the\npurposes of the agency.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. GMU Law § 917 — New York Code / Act GMU / Article 18-A / Title 2 / Section 917
City of Poughkeepsie industrial development agency
Status: in_force

* § 917. City of Poughkeepsie industrial development agency. For the\nbenefit of the City of Poughkeepsie and the inhabitants thereof, an\nindustrial development agency, to be known as the CITY OF POUGHKEEPSIE\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the City of Poughkeepsie, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the City of\nPoughkeepsie. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n  * NB There are 2 § 917's\n
N.Y. RPT Law § 1431 — New York Code / Act RPT / Article 14 / Title 2 / Section 1431
Town receiver of taxes in certain counties as village receiver
Status: in_force

§ 1431. Town receiver of taxes in certain counties as village\nreceiver.  In each village in this state within a county having a\npopulation of more than three hundred thousand, and less than four\nhundred thousand, according to the state enumeration taken in nineteen\nhundred fifteen, when in and for any such county a special tax act has\nbeen heretofore or hereafter enacted, providing for, among other things\na town receiver of taxes with duties to collect all state, county, town,\nschool and town district taxes and assessments levied or assessed upon\nany taxable property within such town for the state, county, town,\nschool or town tax district or part thereof therein, and in each village\nin the town of Ramapo, Rockland county, the board of trustees may by\nresolution designate and appoint the town receiver of taxes as a village\nreceiver of taxes at a compensation per annum not to exceed one per\ncentum of the total of the village tax roll of each year respectively,\nand such designation and appointment shall be made annually at the first\nmeeting of the village board after the commencement of the term of\nmembers of the board elected at the immediately preceding village\nelection, and the term of office as village receiver of taxes of such\ntown receiver when so designated and appointed shall continue for one\nyear or if his term of office as town receiver expires within the year,\nthen shall continue until the expiration within such year of his term of\noffice as town receiver and in the event that his term of office as town\nreceiver expires within such year the vacancy in the office of village\nreceiver of taxes thus created shall be filled by a like designation and\nappointment by the village board of the successor in office of such town\nreceiver of taxes which said new designation and appointment of said\nsuccessor in office of such town receiver of taxes shall continue for\nthe remainder of said year and until the next annual like designation\nand appointment of the town receiver of taxes as village receiver of\ntaxes by the village board.  The said town receiver of taxes when so\ndesignated and appointed as village receiver of taxes shall in respect\nto the collection of village taxes and as to all his duties with respect\nto village taxes be deemed to act exclusively as the village tax\nreceiver, and as such village receiver of taxes he shall before entering\nupon the duties of such office execute to the village and file with the\nvillage clerk an official undertaking in such sum and with such sureties\nas the village board of trustees shall direct and approve, and the\nvillage board of trustees may at any time require such officer to file a\nnew official undertaking for such sum and with such sureties as the\nvillage board shall approve, and in any village where the town receiver\nof taxes has been designated as village receiver of taxes, as herein\nprovided, thereafter there shall be no village collector of taxes\nelected until such time as after a period of two years following the\nadoption of such resolution, a resolution shall be adopted by the board\nof trustees revoking the designation and appointment of the town\nreceiver of taxes as village receiver of taxes as aforesaid. Provided,\nhowever, that in any village where prior to the effective date of this\nsection, a proposition has been adopted at a special election, called\nfor that purpose, authorizing the board of trustees to designate and\nappoint the town receiver of taxes as village receiver of taxes,\nthereafter there shall be no village collector elected until such time\nas after a period of two years following the adoption of such\nproposition, a proposition shall be adopted, at a special election\ncalled for that purpose, revoking the authority of the board of village\ntrustees to designate and appoint the town receiver of taxes as village\nreceiver of taxes. From and after the passage of this section it shall\nbe the duty of any such town receiver of taxes in addition to the other\nduties imposed upon him by law, to file an undertaking as herein\nrequired and to collect village taxes and perform all the other duties\nherein required of a village receiver of taxes and all of the provisions\nof the general village law relating to a collector of taxes, and as to\nvillages incorporated under special laws, of any special laws applicable\nto any such village not incorporated under the general village law, and\nall provisions at the time of the passage of this section in force\nrelating to the collection of taxes, not inconsistent with this section,\nshall be deemed to continue in force and to apply to said receiver of\ntaxes in the collection of village taxes, and shall be deemed to apply\nto the collection of village taxes, provided, however, that the\npenalties to be collected under said law or laws shall belong to the\nvillage, and provided further that all such village taxes, assessments,\nand penalties thereon shall be daily deposited in the village bank\naccount and a duplicate deposit slip or receipt therefor together with\nan itemized statement of the taxes, assessments and penalties paid shall\nbe transmitted to the treasurer of the village, and an itemized report\nthereof when required by the village board shall be submitted to said\nboard.\n
N.Y. EDN Law § 2122 — New York Code / Act EDN / Title 2 / Article 43 / Part 2 / Section 2122
Powers and duties of district treasurer in common school district
Status: in_force

§ 2122.  Powers and duties of district treasurer in common school\ndistrict.  1. The treasurer of a school district shall be the chief\naccounting officer and the custodian of all moneys belonging to the\ndistrict from whatever source derived, and it is hereby made the duty of\nthe trustees of such district to pay to such treasurer any and all\nmoneys that may come into their hands belonging to such district derived\nfrom sales of personal or real property of the district, from insurance\npolicies, from bonds of the district issued and sold by them, or from\nany other source whatever.\n  2. Such treasurer is hereby authorized and empowered to receive from\nthe collector of such district all moneys collected by such collector\nunder and by virtue of any tax list and warrant issued and delivered to\nhim.\n  3. Such treasurer is hereby authorized and empowered to demand and\nreceive from the county treasurer of the county in which such school\ndistrict is situated all public money apportioned to said district.\n  4. It shall be the duty of such treasurer before entering upon the\ndischarge of his duties to execute and deliver to the trustees of such\ndistrict, his official undertaking in such sum as shall have been fixed\nby a district meeting or as such trustees with the approval of the\ndistrict superintendent of schools shall require, with a corporate\nsurety to be approved by such trustees and by the district\nsuperintendent of schools, conditioned to faithfully discharge the\nduties of his office, and to well and truly account for all moneys\nreceived by him, and to pay over any sums of money remaining in his\nhands to his successor in office. Such official undertaking when so\nexecuted and approved by resolution of such trustees shall be filed with\nthe clerk of the district. The expense of any undertaking executed\npursuant to this section shall be a school district charge.\n  5. No moneys shall be paid out or disbursed by such treasurer, except\nupon the written orders of a sole trustee, or a majority of the\ntrustees.\n  6. Such treasurer shall, whenever required by such trustees, report to\nthem a detailed statement of the moneys received by him and of his\ndisbursements, and at the annual meeting of such district he shall\nrender a full account of all moneys received by him and from what\nsource, and when received, and all disbursements made by him and to whom\nand the dates of such disbursements respectively, and the balance of\nmoneys remaining in his hands.\n
N.Y. RPT Law § 489-CCC — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-CCC
Functions, powers and duties of the board; annual designation of exemption areas and restricted commercial uses
Status: in_force

§ 489-ccc. Functions, powers and duties of the board; annual\ndesignation of exemption areas and restricted commercial uses. 1. The\nmembers of the board shall have the following functions, powers and\nduties:\n  (a) to receive and review applications for certificates of eligibility\npursuant to this title and pursuant to any local law authorized by\nchapter seven hundred seventy-two of the laws of nineteen hundred\nsixty-six, containing provisions analogous to subsection four-d thereof;\n  (b) to make findings and determinations on the qualification of\napplicant for certificates of eligibility pursuant to this title and\npursuant to any local law authorized by chapter seven hundred\nseventy-two of the laws of nineteen hundred sixty-six, containing\nprovisions analogous to subdivision (f) of subsection one hundred one\nthereof;\n  (c) to issue certificates of eligibility and amendments thereto;\n  (d) to make recommendations to the tax commission on the termination\nof a tax exemption pursuant to section four hundred eighty-nine-ggg of\nthis title;\n  (e) to designate annually, pursuant to subdivision two of this\nsection, areas in which exemptions for commercial construction or\nreconstruction shall be granted as of right, areas from which such\nexemptions shall be excluded and commercial uses for which the granting\nof exemptions shall be restricted; and\n  (f) to make and promulgate rules and regulations to carry out the\npurposes of the board.\n  2. (a) Not later than October first of each year the board shall\npublish a notice at least once in the official paper or a newspaper of\ngeneral circulation in the city setting forth: (i) the proposed\nboundaries of areas in which commercial construction or reconstruction\nshall be granted exemptions as of right, proposed boundaries of areas\nfrom which exemptions for commercial construction or reconstruction\nshall be excluded and proposed restricted commercial uses; and (ii) the\ndate, not earlier than ten nor later than thirty days following the\npublication of such notice, on which the board will hold a public\nhearing to hear all persons interested in the designation of such\nboundaries and restricted commercial uses.\n  (b) Not earlier than ten nor later than thirty days following the\nconclusion of the public hearing provided for in paragraph (a) of this\nsubdivision, the board shall designate the boundaries of areas in which\nexemptions for commercial construction or reconstruction shall be\ngranted as of right and areas from which such exemptions shall be\nexcluded and shall also designate restricted commercial uses. Such\ndesignations shall be made upon the following determinations:\n  (i) With respect to areas in which exemption for commercial\nconstruction or reconstruction shall be granted as of right, the board\nshall determine that market conditions in each area are such that\nexemptions are required to attract commercial construction or\nreconstruction to the area and that attracting such construction or\nreconstruction, and the granting of exemptions therefor, are in the\npublic interest. In making such determination, the board may consider,\namong other factors, that the area is experiencing economic distress or\nis characterized by an unusually large number of vacant, underutilized,\nunsuitable or substandard structures, or by other substandard,\nunsanitary, deteriorated or deteriorating conditions, with or without\ntangible blight, or that commercial development in the area will be\nbeneficial to the city's economy.\n  (ii) With respect to areas from which exemptions for commercial\nconstruction or reconstruction are to be excluded, the board shall\ndetermine that market conditions in each area are such that exemptions\nare not required to attract commercial construction or reconstruction to\nthe area, or that it is not in the public interest to grant exemptions\nfor commercial construction or reconstruction in the area. No\napplications for exemptions for commercial construction or\nreconstruction shall be accepted from such areas.\n  (iii) With respect to restricted commercial uses, the board shall\ndetermine that it is not in the public interest to grant exemptions for\nsuch uses unless the board further determines that in certain areas\ndesignated pursuant to this subdivision, such uses will have an\nespecially positive impact on the area's economy. All applications for\nexemptions for restricted commercial uses shall be determined pursuant\nto paragraphs (b) and (c) of subdivision two of section four hundred\neighty-nine-eee of this title.\n  (c) Designations made pursuant to this subdivision shall be effective\non the first day of January of each year.\n  3. So far as practicable and subject to the approval of the mayor, the\nservices of all other city departments and agencies shall be made\navailable by their respective heads to the board for the carrying out of\nthe functions stated in this title. The head of any department or agency\nshall furnish information in the possession of such department or agency\nwhen the board, after consultation with the mayor, so requests.\n
N.Y. PBH Law § 3508 — New York Code / Act PBH / Article 35 / Title 2 / Section 3508
Registration of schools
Status: in_force

§ 3508. Registration of schools. No person, institution or agency\nshall offer a course of study in radiologic technology unless such\ncourse of study is registered by the department or by the department of\neducation and meets such standards of quality, character and competence\nof sponsors and officials, financial resources, public need, and other\npertinent matters as may be prescribed by the commissioner or by the\ncommissioner of education in appropriate rules and regulations. A\nregistered school of radiologic technology may be operated by a medical\nor educational institution, and for the purpose of providing the\nrequisite clinical experience shall be affiliated with one or more\ngeneral hospitals approved by the department or by the department of\neducation.\n
N.Y. RPT Law § 489-R — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-R
Inspection of accounts and property of railroad companies
Status: in_force

§ 489-r. Inspection of accounts and property of railroad companies. 1.\nThe commissioner or its authorized representative shall have access at\nreasonable times to all accounts and records established and maintained\nby a railroad company relating to its property used for transportation\npurposes and the earnings derived therefrom.\n  2. The commissioner or its authorized representative shall have the\npower at reasonable times to enter in or upon and to inspect the road,\nequipment, structures and other property of any railroad company.\n
N.Y. ENV Law § 49-0215 — New York Code / Act ENV / Article 49 / Title 2 / Section 49-0215
Annual budget request
Status: in_force

§ 49-0215. Annual budget request.\n  The commissioners' annual budget request for land acquisition\nreappropriations shall include an itemization of contracts obligated\nfrom such appropriations as of the date of such submission.\n
N.Y. GMU Law § 903 — New York Code / Act GMU / Article 18-A / Title 2 / Section 903
City of Yonkers industrial development agency
Status: in_force

* § 903. City of Yonkers industrial development agency. For the\nbenefit of the city of Yonkers and the inhabitants thereof, an\nindustrial development agency, to be known as the CITY OF YONKERS\nINDUSTRIAL DEVELOPMENT AGENCY, is established to accomplish any or all\nof the purposes specified in title one of this article. It shall\nconstitute a body corporate and politic, and be perpetual in duration.\nIt shall have the powers and duties now or hereafter conferred by title\none of this article upon industrial development agencies and provided\nthat the exercise of the powers by such agency with respect to the\nacquisition of real property whether by purchase, condemnation or\notherwise, shall be limited to the corporate limits of the city of\nYonkers, and such agency shall take into consideration the local zoning\nand planning regulations as well as the regional and local comprehensive\nland use plans. It shall be organized in a manner prescribed by and be\nsubject to the provisions of title one of this article. Six of such\nmembers shall be appointed by the mayor of the city of Yonkers and one\nsuch member shall be appointed by majority vote of the city council of\nthe city of Yonkers. The agency, its members, officers and employees and\nits operations and activities shall in all respects be governed by the\nprovisions of title one of this article.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 489-IIIII — New York Code / Act RPT / Article 4 / Title 2-E / Section 489-IIIII
Penalties for non-compliance, false statements and omissions
Status: in_force

§ 489-iiiii. Penalties for non-compliance, false statements and\nomissions.  1. The department of finance may deny, reduce, suspend,\nterminate or revoke any exemption from tax payments pursuant to this\ntitle whenever (a) a recipient fails to comply with the requirements of\nthis title or the rules promulgated hereunder; or (b) an application,\ncertificate or other document submitted by an applicant or recipient\npursuant to the requirements of this title or the rules promulgated\nhereunder contains a false or misleading statement as to a material fact\nor omits to state any material fact necessary in order to make the\nstatements therein not false or misleading. The department of finance\nmay declare any applicant or recipient referred to in paragraph (a) or\n(b) of this subdivision to be ineligible for future exemption pursuant\nto this title for the same or other property.\n  2. Notwithstanding any other law to the contrary, a recipient shall be\npersonally liable for any taxes owed pursuant to this title whenever\nsuch recipient fails to comply with this title or the rules promulgated\nhereunder or makes such false or misleading statement or omission, and\nthe department of finance determines that such act was due to the\nrecipient's willful neglect, or that under the circumstances such act\nconstituted a fraud on the department of finance or a buyer or\nprospective buyer of the property. The remedy provided herein for an\naction in personam shall be in addition to any other remedy or procedure\nfor the enforcement of collection of delinquent taxes provided by any\ngeneral, special or local law. Any lease provision which obligates a\ntenant to pay taxes which become due because of willful neglect or fraud\nby the recipient, or otherwise relieves or indemnifies the recipient\nfrom any personal liability arising hereunder, shall be void as against\npublic policy except where the imposition of such taxes or liability is\noccasioned by actions of the tenant in violation of the lease.\n
N.Y. ELN Law § 3-212 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-212
Boards of elections; organization, proceedings, reports and records
Status: in_force

§ 3-212. Boards of elections; organization, proceedings, reports and\nrecords. 1. The election commissioners, at their first meeting after the\nfirst day of January of each year, shall organize as a board, electing\none of their number as president, and one as secretary, and if there is\na deadlock, the members shall draw lots for such places. The president\nand secretary shall not belong to the same party.\n  2. All actions of the board shall require a majority vote of the\ncommissioners prescribed by law for such board.\n  3. The records of the board, and all papers and books filed in its\noffice are public records. Minutes of all meetings shall show how each\ncommissioner voted upon any resolution or motion. The board shall keep a\nrecord of its proceedings, of the number of voters registered and\nenrolled with each party for that year in each political subdivision or\npart thereof, data relating to the expenses connected with registration,\nenrollments and elections within the county or city and such other\ninformation relating to elections as this chapter or the state board of\nelections may prescribe.\n  4. (a) Each board of elections shall make an annual report of its\naffairs and proceedings to its local legislative body once every twelve\nmonths and no later than the last day of January in any year. A copy of\nsaid annual report shall be filed with the state board of elections.\n  (b) Said annual report, as required by paragraph (a) of this\nsubdivision, shall include a detailed description of existing programs\ndesigned to enhance voter registration.  Such report shall include a\nvoter registration action plan which details the various activities and\nprograms of each board, including a description of those steps which\nshall be taken in the future to increase registration opportunities,\nespecially for those identifiable groups of persons historically\nunderrepresented on the rolls of registered voters; and coordinate voter\neducation programs with school districts, colleges and universities\nwithin the board's jurisdiction including voter registration of\nqualified applicants and instructional or extracurricular activities\npromoting participation in the electoral process.\n  (1) Each voter registration action plan shall provide for the\ndesignation by the board of a registration activities coordinator.  Such\ndesignee shall be responsible for initiating contact with each school\ndistrict, college and university within the area served by the board to\nrequest that such school district, college and university designate an\nadministrative liaison who, together with the registration activities\ncoordinator, shall plan, prepare and implement voter education and\nregistration programs to enhance electoral participation. The state\nboard of elections shall promulgate rules and regulations providing\nguidelines for county board of election assistance to school districts,\ncolleges and universities in the establishment of electoral\nparticipation programs.\n  (2) Each voter registration action plan shall set forth existing\nactivities and planned programs designed to insure compliance with the\nrequirements of subdivision two of section 5-210 of this chapter\nregarding the distribution of registration application forms.\n  (3) The state board of elections shall review the voter registration\naction plan submitted by each board of elections and assist in the\ndevelopment and implementation of local registration outreach services\nand activities.\n  5. The board of elections of the city of New York, upon the\naffirmative vote of six commissioners, may adopt rules authorizing a\nnumber of commissioners less than the total membership of the board to\nact on behalf of the board on matters required to be performed by boards\nof election pursuant to the provisions of this chapter, provided that\nsuch number shall be comprised of commissioners representing equally the\ntwo political parties entitled to representation on the board.\n
N.Y. PBH Law § 1125 — New York Code / Act PBH / Article 11 / Title 2-A / Section 1125
Water supply emergency plans
Status: in_force

§ 1125. Water supply emergency plans. 1. Definitions. As used in this\ntitle:\n  (a) "Water supply emergency plan" shall mean a plan reviewed and\napproved by the commissioner and filed with the department. The plan\nshall follow a form which shall be specified by the department and which\nshall include, but not be limited to, those items enumerated in this\nsection, and shall address those actions to be taken by a water supplier\nto anticipate emergencies and respond responsibly to emergency\nsituations. The department shall maintain a list of all water suppliers\nrequired to submit a water supply emergency plan pursuant to this\nsection.\n  (b) "Water supplier" shall mean any person who owns or operates a\ncommunity water system that supplies drinking water to more than three\nthousand three hundred people.\n  2. All water suppliers shall prepare a water supply emergency plan;\nprovided, however, if more than one water supplier is responsible for\nthe same system, such plan shall be submitted jointly by such two or\nmore water suppliers. The plan shall identify and outline the steps\nnecessary to ensure that potable water is available during a water\nsupply emergency. The water supply emergency plan shall include, but not\nbe limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system,\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions,\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently,\n  (d) storage capacities,\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency,\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan,\n  (g) general water conservation programs and water use reduction\nstrategies for water supply emergencies,\n  (h) prioritization of water users,\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency,\n  (j) public notification program coordinated with the phased\nimplementation schedule, and\n  (k) a vulnerability analysis assessment, including an analysis of\nvulnerability to terrorist attack and cyber attack, which shall be made\nafter consultation with local and state law enforcement agencies.\n  3. All water suppliers shall, prior to the final submission of the\nwater supply emergency plan, publish a notice in a newspaper of general\ncirculation in the area served by the community water system stating\nthat the proposed water emergency plan is available for review and\ncomment; provided, however, a water supplier shall exempt from public\ndisclosure for public review and comment any information it determines\nto pose a security risk to operation of the water supply system. Such\nnotice shall be printed at least once in each of two successive weeks\nand the water supplier shall accept public comment for at least fourteen\ndays following the date of the first publication. The water supplier\nshall submit all public comments with the water emergency plan to the\ndepartment.\n  4. Water supply emergency plans shall be submitted to the commissioner\non or before December thirty-first, nineteen hundred ninety. All water\nsuppliers who have previously submitted emergency water supply plans\nwhich were approved by the commissioner prior to the effective date of\nthis title are exempt from the provisions of this subdivision. The\ncommissioner shall retain a copy of each water supply emergency plan.\n  5. Every water supplier shall review, and if necessary, revise its\nwater supply emergency plan and report its findings to the commissioner\nby December thirty-first, nineteen hundred ninety-five. Any water\nsupplier whose water supply emergency plan does not include an analysis\nof vulnerability to terrorist attack and cyber attack, shall initiate\nsuch an analysis by June first, two thousand seventeen, and shall revise\nits emergency plan and report its findings to the commissioner by\nJanuary first, two thousand eighteen. Every water supplier shall keep\nits water supply emergency plan up to date, shall provide updated\ncommunication and notification information to the commissioner by\nDecember thirty-first of every year, and shall submit its water supply\nemergency plan to the commissioner for review at least once every five\nyears and within thirty days after major water facility infrastructure\nchanges have been made. The commissioner shall make available for\nreview, following established security protocols, a copy of each\nvulnerability analysis assessment from a water supplier to the\nsuperintendent of state police, commissioner of the division of homeland\nsecurity and emergency services, and chief technology officer.\n  6. (a) The commissioner or a county health department may provide\nguidance and assistance to community water systems on conducting\nvulnerability assessments, preparing water supply emergency plans and\naddressing threats from terrorist attacks, including cyber attacks,\ndesigned to disrupt the provision of safe drinking water or\nsignificantly affect the public health, or significantly affect the\nsafety or supply of drinking water provided to communities or\nindividuals.\n  (b) A community water system, that is not a water supplier, may elect\nto complete a water supply emergency plan. Such community water system\nmay elect to submit the plan to the commissioner for approval. In such a\ncase, the commissioner shall subject the plan to such approval process\nas described in paragraph (a) of subdivision one of this section.\n  7. The commissioner, in his discretion, may provide an opportunity for\npublic hearing for persons served by a community water system.\n  8. The commissioner shall make such rules and regulations which may be\nnecessary to effectuate the purposes of this title.\n  9. The commissioner, superintendent of state police, commissioner of\nthe division of homeland security and emergency services, and chief\ntechnology officer shall keep confidential: (a) all vulnerability\nanalysis assessments and all information derived therefrom; and (b) all\ninformation determined by a water supplier to pose a security risk to\nthe operation of a water supply system. Such assessments and information\nshall be exempt from disclosure under article six of the public officers\nlaw. A person who, without authorization, discloses any such assessment\nor information to another person who has not been authorized to receive\nsuch assessment or information is guilty of a class A misdemeanor.\n
N.Y. PBA Law § 3020 — New York Code / Act PBA / Article 10 / Title 2 / Section 3020
Actions against a municipal assistance corporation; indemnification
Status: in_force

§ 3020. Actions against a municipal assistance corporation;\nindemnification.  1. Except in an action for wrongful death, an action\nagainst a municipal assistance corporation for personal injury or\nproperty damage or founded on tort shall not be commenced more than one\nyear and ninety days after the cause of action shall have accrued nor\nunless a notice of claim shall have been served on a director of such\ncorporation, or an officer or employee thereof designated by the\ncorporation for such purpose, within the time limited by, and in\ncompliance with the requirements of section fifty-e of the general\nmunicipal law. An action against a municipal assistance corporation for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\n  2. The venue of every action, suit or special proceeding brought\nagainst a corporation shall be laid in the county in which the principal\noffice of such corporation is located.\n  3. a. The state shall save harmless and indemnify directors, officers\nand employees of and representatives to a corporation, all of whom shall\nbe deemed officers and employees of the state for purposes of section\nseventeen of the public officers law, against any claim, demand, suit,\nor judgment arising by reason of any act or omission to act by such\ndirector, officer, employee or representative occurring in the discharge\nof his duties and within the scope of his service on behalf of such\ncorporation, including any claim, demand, suit or judgment based on\nallegations that financial loss was sustained by any person in\nconnection with the acquisition, disposition or holding of securities or\nother obligations of a corporation (or those of any other public\ncorporation if such loss allegedly resulted from its dealing with a\nmunicipal assistance corporation). In the event of any such claim,\ndemand, suit or judgment, a director, officer or employee of or\nrepresentative to a municipal assistance corporation shall be saved\nharmless and indemnified, notwithstanding the limitations of section\nseventeen of the public officers law, unless such individual is found by\na final judicial determination not to have acted, in good faith, for a\npurpose which he reasonably believed to be in the best interest of such\ncorporation or not to have had reasonable cause to believe that his\nconduct was lawful.\n  b. In connection with any such claim, demand, suit, or judgment, any\ndirector, officer or employee of or representative to the corporation\nshall be entitled to representation by private counsel of his choice in\nany civil judicial proceeding whenever the attorney general determines\nbased upon his investigation and review of the facts and circumstances\nof the case that representation by the attorney general would be\ninappropriate. The attorney general shall notify the individual in\nwriting of such determination that the individual is entitled to be\nrepresented by private counsel. The attorney general may require, as a\ncondition to payment of the fees and expenses of such representation,\nthat appropriate groups of such individuals be represented by the same\ncounsel. If the individual or group of individuals is entitled to\nrepresentation by private counsel under the provisions of this section,\nthe attorney general shall so certify to the comptroller. Reasonable\nattorney's fees and litigation expenses shall be paid by the state to\nsuch private counsel from time to time during the pendency of the civil\naction or proceeding subject to certification that the individual is\nentitled to representation under the terms and conditions of this\nsection by the chairman of the board of directors of the corporation\nupon the audit and warrant of the comptroller. The provisions of this\nsubdivision shall be in addition to and shall not supplant any\nindemnification or other benefits heretofore or hereafter conferred upon\ndirectors, officers or employees of and representatives to the\ncorporation by section seventeen of the public officers law, by action\nof the corporation, or otherwise. The provisions of this subdivision\nshall inure only to directors, officers and employees of and\nrepresentatives to the corporation, shall not enlarge or diminish the\nrights of any other party, and shall not impair, limit or modify the\nrights and obligations of any insurer under any policy of insurance.\n
N.Y. PBH Law § 2421 — New York Code / Act PBH / Article 24 / Title 2 / Section 2421
Cancer institute; functions; powers and duties
Status: in_force

§ 2421. Cancer institute; functions; powers and duties.  1. The state\ninstitute for the study of malignant diseases, shall conduct\ninvestigations of the cause, mortality, treatment, prevention and cure\nof cancer and allied diseases.\n  2. Persons afflicted with cancer or allied diseases, may be received\nfree of charge in the said state institute for study, experimental or\nother treatment, under regulations established by the commissioner.\n  3. The direction of related research work in whole or in part toward\nmalignant diseases in connection with conditions other than cancer shall\nnot be a violation of the conditions of the grants made pursuant to the\nprovisions of chapter one hundred twenty-eight of the laws of nineteen\nhundred eleven.\n
N.Y. PBA Law § 827 — New York Code / Act PBA / Article 4 / Title 2 / Section 827
Board of directors
Status: in_force

§ 827. Board of directors. The board of directors of the authority,\nhereinafter in this title referred to as "the board," shall consist of\nseventeen voting members, as follows: The commissioner of agriculture\nand markets or the commissioner's representative. The board of\nsupervisors of each of the counties in the district shall each name\ndirectors as follows: Onondaga, three; Oswego, two; Cayuga, two;\nMadison, two; Cortland, one; Oneida, one, and Wayne, one. Additionally,\nthe following shall have appointments to the board: the county executive\nof Onondaga county, two; and the mayor of the city of Syracuse, two; One\nmember from each of the above-named counties may be either a producer or\nnon-producer of agricultural products; the other members named by the\nboard of supervisors of the counties in the district entitled to\nadditional directors shall be persons engaged in farming and deriving a\ngreater part of their income therefrom, and all such appointments made\nafter May first, nineteen hundred forty-four, shall be producers who\nactually sell all or part of their produce on the Central New York\nRegional Market.\n  Each member shall continue as a member during the pleasure of the body\nappointing such member, and upon a vacancy occurring by the filing with\nthe secretary of the authority of a duly certified copy of the\nresolution signifying that an appointment has been terminated, or upon\nresignation of a member, or a vacancy occurring in any other manner, it\nshall be filled in a manner corresponding to the original appointment.\nEach member shall, before entering upon the duties of office, take the\nconstitutional oath of office and file the same in the office of the\nsecretary of state. One more than one half of the duly qualified members\nshall constitute a quorum for the transaction of business and shall be\nnecessary to the validity of any resolution, order or, determination.\nAny member may be removed by the governor for inefficiency, neglect of\nduty or misconduct in office, after a hearing upon charges and an\nopportunity to be heard in person or by counsel upon not less than ten\ndays' notice. The members shall not receive a salary or other\ncompensation, but shall be paid actual expenses incurred in attending\nmeetings of the board and in performing committee work assigned to them\nby the board. Expenses for travel shall not exceed the per mile rate\nallowed state employees for use of personal cars. Expenses of a special\nor extraordinary nature may be allowed by resolution of the board.\n
N.Y. ELN Law § 9-209 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-209
Canvass of early mail, absentee, military and special ballots, and ballots cast in affidavit envelopes
Status: in_force

§ 9-209. Canvass of early mail, absentee, military and special\nballots, and ballots cast in affidavit envelopes.\n  Before completing the canvass of votes cast in any primary, general,\nspecial, or other election at which voters are required to sign their\nregistration poll records before voting, the board of elections shall\nproceed in the manner hereinafter prescribed to review, cast and canvass\nearly mail, any absentee, military, special presidential, special\nfederal or other special ballots and any ballots cast in affidavit\nenvelopes, including ballots cast by voters pursuant to section 8-604 of\nthis chapter. Each such ballot shall be retained in the original\nenvelope containing the voter's affidavit and signature, in which it is\ndelivered to the board of elections until such time as it is to be\nreviewed, in order to be cast and canvassed.\n  1. Central board of canvassers. Within four days of the receipt of an\nearly mail, absentee, military or special ballot, the board of elections\nshall designate itself or such of its employees as it shall deem\nappropriate as a set of poll clerks to review such ballot envelopes. The\nboard may designate additional sets of poll clerks and if it designates\nmore than one such set shall apportion among all such sets the election\ndistricts from which such ballots have been received, provided that when\nreviewing ballots, all ballots from a single election district shall be\nassigned to a single set of clerks, and that each such set shall be\ndivided equally between representatives of the two major political\nparties. Each such set of clerks shall be deemed a central board of\ncanvassers for purposes of this section.\n  2. Review of early mail, absentee, military and special ballot\nenvelopes. Within four days of the receipt of an early mail, absentee,\nmilitary or special ballot before the election, and within one day of\nreceipt on or after the election, each central board of canvassers shall\nexamine the ballot affirmation envelopes as nearly as practicable in the\nfollowing manner:\n  (a) If a person whose name is on a ballot envelope as a voter is not\non a registration poll record, the computer-generated list of registered\nvoters or the list of special presidential voters, or if there is no\nname on the ballot envelope, or if the ballot envelope was not timely\npostmarked or received, or if the ballot envelope is completely\nunsealed, such ballot envelope shall be set aside unopened for review\npursuant to subdivision eight of this section with a relevant notation\nindicated on the ballot envelope notwithstanding a split among the\ncentral board of canvassers as to the invalidity of the ballot;\nprovided, however, if the ballot envelope is completely unsealed, such\nvoter shall receive notice pursuant to paragraph (h) of subdivision\nthree of this section.\n  (b) If there is more than one timely ballot envelope executed by the\nsame voter, the one bearing the later date of execution shall be\naccepted and the other rejected. If it cannot be determined which ballot\nenvelope bears the later date, then all such ballot envelopes shall be\nrejected. When the board of elections has issued a second ballot it\nshall set aside the first ballot unopened to provide the voter time to\nreturn the second ballot. Notwithstanding the foregoing, if a ballot\nenvelope for a voter was previously reviewed and opened, then the\nsubsequently received ballot envelope shall be set aside unopened.\n  (c) If such person is found to be registered, the central board of\ncanvassers shall compare the signature, if any, on each ballot envelope\nwith the signature, if any, on the registration poll record, the\ncomputer-generated list of registered voters, or the list of special\npresidential voters, of the person of the same name who registered from\nthe same address. If the signatures are found to correspond, such\ncentral board of canvassers shall certify thereto in a manner provided\nby the state board of elections.\n  (d) If such person is found to be registered and has requested a\nballot, the ballot envelope shall be opened, the ballot or ballots\nwithdrawn, unfolded, stacked face down and deposited in a secure ballot\nbox or envelope. Upon such processing of the ballot, the voter's record\nshall be updated with a notation that indicates that the voter has\nalready voted in such election. The board of elections shall adopt\nprocedures, consistent with regulations of the state board of elections,\nto prevent voters from voting more than once and to secure ballots and\nprevent public release of election results prior to election day. Such\nprocedures shall be filed with the state board of elections at least\nninety days before they shall be effective.\n  (e) In the case of a primary election, the ballot shall be deposited\nin the box only if the ballot is of the party with which the voter is\nenrolled according to the entry on the back of his or her registration\npoll record or in the computer-generated registration list; if not, the\nballot shall be rejected without inspection or unfolding and shall be\nreturned to the ballot envelope which shall be endorsed "not enrolled".\n  (f) If the central board of canvassers determines that a person was\nentitled to vote at such election it shall prepare such ballot to be\nstacked face down and deposited in a secure ballot box or envelope\nconsistent with paragraph (d) of this subdivision if such board finds\nthat ministerial error by the board of elections or any of its employees\ncaused such ballot envelope not to be valid on its face.\n  (g) If the central board of canvassers splits as to whether a ballot\nis valid, it shall prepare such ballot to be cast and canvassed pursuant\nto this subdivision.\n  (h) As each ballot envelope is opened, if one or more of the different\nkinds of ballots to be voted at the election are not found therein, the\ncentral board of canvassers, shall make a memorandum showing what ballot\nor ballots are missing. If a ballot envelope shall contain more than one\nballot for the same offices, all the ballots in such ballot envelope\nshall be rejected. When the review of such ballots shall have been\ncompleted, the central board of canvassers shall ascertain the number of\nsuch ballots of each kind which have been deposited in the ballot box by\ndeducting from the number of ballot envelopes opened with the number of\nmissing ballots, and shall make a return thereof. The number of voters'\nballots deposited in the ballot box shall be added to the number of\nother ballots deposited in the ballot box, in order to determine the\nnumber of all ballots of each kind to be accounted for in the ballot\nbox.\n  3. Curing ballots. (a) At the time a ballot affirmation envelope is\nreviewed pursuant to subdivision two of this section, the board of\nelections shall determine whether it has a curable defect.\n  (b) A curable defect includes instances where the ballot envelope: (i)\nis unsigned; (ii) has a signature that does not correspond to the\nregistration signature; (iii) has no required witness to a mark; (iv) is\nreturned without a ballot affirmation envelope in the return envelope;\n(v) has a ballot affirmation envelope that is signed by the person that\nhas provided assistance to the voter but is not signed or marked by the\nvoter; (vi) contains the signature of someone other than the voter and\nnot of the voter; or (vii) is returned by mail between two and seven\ndays after the election without a postmark.\n  (c) The board shall indicate the issue that must be cured on the\nballot envelope and, within one day of such determination, send to the\nvoter's address indicated in the registration records and, if different,\nthe mailing address indicated on the ballot application, a notice\nexplaining the reason for such rejection and the procedure to cure the\nrejection.  The board shall also contact the voter by either electronic\nmail or telephone, if such information is available to the board in the\nvoter's registration information, in order to notify the voter of the\ndeficiency and the opportunity and the process to cure the deficiency.\n  (d) The voter may cure the aforesaid defects by filing a duly signed\naffirmation attesting to the same information required by the ballot\naffirmation envelope and attesting that the signer of the affirmation is\nthe same person who submitted such ballot envelope; provided, however,\nthat for the defect described in subparagraph (vii) of paragraph (b) of\nthis subdivision, such affirmation shall also include an attestation\nthat the voter mailed the ballot envelope on or before the day of the\nelection. The board shall include a form of such affirmation with the\nnotice to the voter. The affirmation shall be in a form prescribed by\nthe state board of elections, and with such affirmation the board of\nelections shall provide to the voter a domestic postage paid return\nenvelope which may be used if the voter returns the cure affirmation in\npaper form by mail. A cure affirmation, at the option of any voter\nsubmitting such cure affirmation, may be transmitted to the board of\nelections in person, by mail or in electronic form as an attachment to\nan email. Such cure affirmation may also be provided to the board of\nelections as an uploaded electronic document if such board of elections\nprovides such functionality. The cure affirmation, whether in paper or\nelectronic form, shall include the signature of the voter duly affixed\nto the appropriately completed cure affirmation form.\n  (e) Such cure affirmation shall be received by the board no later than\nseven business days after the board's mailing of such curable rejection\nnotice or by five p.m. on the seventh day following the election,\nwhichever is later. Any cure affirmation received electronically as an\nemail attachment or by upload prior to midnight of the last day to cure\nis timely. Provided the board determines that such affirmation addresses\nthe curable defect, the rejected ballot shall be reinstated and prepared\nfor canvassing pursuant to subdivision two of this section. If the board\nof elections is split as to the sufficiency of the cure affirmation,\nsuch envelope shall be prepared for canvassing pursuant to paragraph (d)\nof subdivision two of this section.\n  (f) If the ballot envelope contains one or more curable defects that\nhave not been timely cured, the ballot envelope shall be set aside for\nreview pursuant to subdivision eight of this section.\n  (g) Ballot envelopes are not invalid and do not require a cure if: (i)\na ballot envelope is undated or has the wrong date, provided it is\npostmarked on or prior to election day or is otherwise received timely\nby the board of elections; (ii) the voter signed or marked the ballot\naffirmation envelope at a place on the envelope other than the\ndesignated signature line; (iii) a voter used a combination of ink (of\nany color) or pencil to complete the ballot envelope; (iv) papers found\nin the ballot envelope with the ballot are materials from the board of\nelections, such as instructions or an application sent by the board of\nelections; (v) an extrinsic mark or tear on the ballot envelope appears\nto be there as a result of the ordinary course of mailing or\ntransmittal; (vi) the ballot envelope is sealed using tape, paste or any\nother binding agent or device and there is no indication of tampering;\nor (vii) the ballot envelope is partially unsealed but there is no\nability to access the ballot.\n  (h) When the board of elections invalidates a ballot affirmation\nenvelope and the defect is not curable, the ballot envelope shall be set\naside for review pursuant to subdivision eight of this section and the\nboard shall notify the voter by mail, sent within three business days of\nsuch rejection, and by either electronic mail or telephone, if such\ninformation is available to the board in the voter's registration\ninformation, and notify the voter of other options for voting, and, if\ntime permits, provide the voter with a new ballot.\n  (i) If a ballot affirmation envelope is received by the board of\nelections prior to the election and is found to be completely unsealed\nand thus invalid, the board shall notify the voter by mail, sent within\nthree business days of such determination, and by either electronic mail\nor telephone, if such information is available to the board in the\nvoter's registration information, and notify the voter of other options\nfor voting, and, if time permits, provide the voter with a new ballot.\n  4. Review of federal write-in absentee ballots. (a) Such central board\nof canvassers shall review any federal write-in absentee ballots validly\ncast by an early mail voter, an absentee voter, a military voter or a\nspecial federal voter for the offices of president and vice-president,\nUnited States senator and representative in congress. Such central board\nof canvassers shall also review any federal write-in absentee ballots\nvalidly cast by a military voter for all questions or proposals, public\noffices or party positions for which a military voter is otherwise\neligible to vote as provided in section 10-104 of this chapter.\n  (b) Federal write-in absentee ballots shall be deemed valid only if:\n(i) an application for an early mail, absentee, military or special\nfederal ballot was received from the early mail, absentee, military or\nspecial federal voter; (ii) the federal write-in absentee ballot was\nsubmitted from inside or outside the United States by a military voter\nor was submitted from outside the United States by a special federal\nvoter; (iii) such ballot is received by the board of elections not later\nthan thirteen days following the day of election or seven days after a\nprimary election; and (iv) the early mail, absentee, military or special\nfederal ballot which was sent to the voter is not received by the board\nof elections by the thirteenth day following the day of a general or\nspecial election or the seventh day after a primary election.\n  (c) If such a federal write-in absentee ballot is received after\nelection day, the envelope in which it is received must contain: (i) a\ncancellation mark of the United States postal service or a foreign\ncountry's postal service; (ii) a dated endorsement of receipt by another\nagency of the United States government; or (iii) if cast by a military\nvoter, the signature and date of the voter and one witness thereto with\na date which is ascertained to be not later than the day of the\nelection.\n  (d) If such a federal write-in absentee ballot contains the name of a\nperson or persons in the space provided for a vote for any office, such\nballot shall be counted as a vote for such person or persons. A vote for\na person who is the candidate of a party or independent body either for\npresident or vice-president shall be deemed to be a vote for both the\ncandidates of such party or independent body for such offices. If such a\nballot contains the name of a party or independent body in the space\nprovided for a vote for any office, such ballot shall be deemed to be a\nvote for the candidate or candidates, if any, of such party or\nindependent body for such office. In the case of the offices of\npresident and vice-president a vote cast for a candidate, either\ndirectly or by writing in the name of a party or independent body, shall\nalso be deemed to be votes for the electors supporting such candidate.\nAny abbreviation, misspelling or other minor variation in the form of\nthe name of a candidate or a party or independent body shall be\ndisregarded in determining the validity of the ballot, if the voter's\nintention can be ascertained.\n  5. Nothing in this section prohibits a representative of a candidate,\npolitical party, or independent body entitled to have watchers present\nat the polls in any election district in the board's jurisdiction from\nobserving, without objection, the review of ballot envelopes required by\nsubdivisions two, three, four, and seven of this section.\n  6. Casting and canvassing of early mail, absentee, military and\nspecial ballots. (a) The following provisions shall apply to the casting\nand canvassing of all valid ballots received before, on or after\nelection day and reviewed and prepared pursuant to subdivision two of\nthis section, and all other provisions of this chapter with respect to\ncasting and canvassing such ballots which are not inconsistent with this\nsubdivision shall be applicable to such ballots.\n  (b) The day before the first day of early voting, the central board of\ncanvassers shall scan all valid ballots previously reviewed and prepared\npursuant to this section as nearly as practicable in the following\nmanner:\n  (i) Such ballots may be separated into sections before being placed in\nthe counting machine and scanned;\n  (ii) Upon completion of the scanning of such valid ballots, the\nscanners used for such purpose shall be secured, and no tabulation of\nthe results shall occur until one hour before the close of the polls on\nelection day. Any ballots scanned during this period shall be secured in\nthe same manner as voted ballots cast during early voting or on election\nday. The board of elections shall adopt procedures to prevent the public\nrelease of election results prior to the close of polls on election day\nand such procedures shall be consistent with the regulations of the\nstate board of elections and shall be filed with the state board of\nelections at least ninety days before they shall be effective;\n  (iii) Any valid ballots that cannot be cast on a scanner shall be held\ninviolate and unexamined and shall be duly secured until after the close\nof polls on election day when such ballots shall be examined and\ncanvassed in a manner consistent with subdivision two of section 9-110\nof this article.\n  (c) After the close of the polls on the last day of early voting, the\ncentral board of canvassers shall scan all valid ballots received and\nprepared pursuant to this section, and not previously scanned on the day\nbefore the first day of early voting, in the same manner as provided in\nparagraph (b) of this subdivision using the same or different scanners.\n  (d) In casting and canvassing such ballots, the board shall take all\nmeasures necessary to ensure the privacy of voters.\n  (e) The board of elections may begin to obtain tabulated results for\nall ballots previously scanned, as required by this subdivision, one\nhour before the scheduled close of polls on election day; provided,\nhowever, no unofficial tabulations of election results shall be publicly\nannounced or released in any manner until after the close of polls on\nelection day at which time such tabulations shall be added into the\nelection night vote totals.\n  (f) Upon completing the casting and canvassing of any remaining valid\nballots as hereinabove provided for any election district, the central\nboard of canvassers shall thereupon, as nearly as practicable in the\nmanner provided in this article for early mail, absentee, military and\nspecial ballots, verify the number of ballots so cast, tally the votes\nso cast, add such tally to the previous tally of all votes cast in such\nelection district, and record the result.\n  (g) The record of the vote counted by each scanner and manually for\neach candidate and for and against each ballot proposal, printed by\nelection district, shall be preserved in the same manner and for the\nsame period as the returns of canvass for the election.\n  7. Post-election review and canvassing of affidavit ballots. (a)\nWithin four business days of the election, the board of elections shall\nreview all affidavit ballots cast in the election. If the central board\nof canvassers determines that a person was entitled to vote at such\nelection it shall cast and canvass such affidavit ballot; provided,\nhowever, if the board of elections receives one or more timely early\nmail or absentee ballots from a voter who also cast an affidavit ballot\nat a poll site, the last such timely early mail or absentee ballot\nreceived shall be canvassed and the affidavit ballot shall be set aside\nunopened; and provided further, if a voter was issued an early mail or\nabsentee ballot and votes in person via an affidavit ballot and the\nboard does not receive such early mail or absentee ballot, the affidavit\nballot shall be canvassed if the voter is otherwise qualified to vote in\nsuch election.\n  (b) Affidavit ballots are valid when cast at a polling site permitted\nby law by qualified voters: (i) who moved within the state after\nregistering; (ii) who are in inactive status; (iii) whose registration\nwas incorrectly transferred to another address even though they did not\nmove; (iv) whose registration poll records were missing on the day of\nsuch election; (v) who have not had their identity previously verified;\n(vi) whose registration poll records did not show them to be enrolled in\nthe party in which they are enrolled; (vii) who are incorrectly\nidentified as having already voted; and (viii) who have registered to\nvote pursuant to section 8-604 of this chapter.\n  (c) Affidavit ballots are valid to the extent that ministerial error\nby the board of elections or any of its employees caused such ballot\nenvelope not to be valid on its face.\n  (d) If the central board of canvassers determines that a person was\nentitled to vote at such election, the board shall cast and canvass such\naffidavit ballot if such board finds that the voter appeared at a\npolling place, in the correct county, which is designated as a polling\nplace for the correct assembly district, regardless of the fact that the\nvoter may have appeared in the incorrect election district or polling\nplace, and regardless of whether the voter's name was in the\nregistration poll record; provided, however, that in the event such\nballot includes one or more offices for which such person is not\nentitled to vote at such election, such ballot shall only be cast and\ncanvassed for the offices for which such person is entitled to vote at\nsuch election.\n  (e) If the central board of canvassers finds that a voter submitted a\nvoter registration application through the electronic voter registration\ntransmittal system pursuant to title eight of article five of this\nchapter and signed the affidavit ballot, the board shall cast and\ncanvass such affidavit ballot if the voter is otherwise qualified to\nvote in such election.\n  (f) If the central board of canvassers determines that a person was\nentitled to vote at such election, the board shall cast and canvass such\naffidavit ballot if such board finds that the voter substantially\ncomplied with the requirements of this chapter. For purposes of this\nparagraph, "substantially complied" shall mean the board can determine\nthe voter's eligibility based on the statement of the affiant or records\nof the board.\n  (g) If the central board of canvassers finds that the statewide voter\nregistration list supplies sufficient information to identify a voter,\nfailure by the voter to include on the affidavit ballot envelope the\naddress where such voter was previously registered shall not be a fatal\ndefect and the board shall cast and canvass such affidavit ballot.\n  (h) (i) If a voter registration application for a person was received\nby a board of elections by the tenth day prior to the election, an\naffidavit ballot from the person shall be cast and counted if the voter\nis otherwise qualified to vote in such election, notwithstanding the\nfact that the person's name was omitted from a registration poll record\nor list of registered voters.\n  (ii) If the central board of canvassers finds that the voter\nregistered or pre-registered to vote for the first time pursuant to\ntitle nine of article five of this chapter at least ten days before a\nprimary, appeared at such primary election, and indicated on the\naffidavit ballot envelope the intent to enroll in such party, the\naffidavit ballot shall be cast and canvassed if the voter is otherwise\nqualified to vote in such election.\n  (i) A voter registration submitted by a person registering to vote at\nan early voting polling location pursuant to section 8-604 of this\nchapter shall be processed and an affidavit ballot from such person\nshall be cast and canvassed if the voter is otherwise qualified to vote\nin such election, notwithstanding the fact that the person's name is not\non a registration poll record or list of registered voters.\n  (j) When the central board of canvassers determines that an affidavit\nballot is invalid due to a missing signature on the affidavit ballot\nenvelope, or because the signature on the affidavit ballot envelope does\nnot correspond to the registration signature, such ballots shall be\nsubject to the cure procedure in subdivision three of this section. The\nabsence of a signature on a registration poll record or computer\ngenerated list of registered voters shall not provide a basis for\nrejecting affidavit ballots submitted pursuant to section 8-604 of this\nchapter.\n  (k) At the meeting required pursuant to paragraph (a) of subdivision\neight of this section, each candidate, political party, and independent\nbody shall be entitled to object to the board of elections'\ndetermination that an affidavit ballot is invalid. Such ballots shall\nnot be counted absent an order of the court. In no event may a court\norder a ballot that has been counted to be uncounted.\n  * (l) The board of elections shall enter information into the ballot\ntracking system, as defined in sections 8-414 and 8-712 of this chapter,\nto allow a voter who cast a ballot in an early voting or affidavit\nenvelope to determine if the vote was counted.\n  * NB There are 2 par l's\n  * (l) The provisions of this subdivision shall apply notwithstanding\nany other provision of this chapter.\n  * NB There are 2 par l's\n  8. Post-election review of invalid early mail, absentee, military and\nspecial ballots. (a) Within four business days of the election, the\nboard of elections shall designate itself or such of its employees to\nact as a central board of canvassers as provided in subdivision one of\nthis section and meet to review early mail, absentee, military and\nspecial ballots determined to be invalid pursuant to paragraph (a) of\nsubdivision two of this section, ballot envelopes that were returned to\nthe board as undeliverable, and ballot envelopes containing one or more\ncurable defects that have not been timely cured.\n  (b) At least five days prior to the time fixed for such meeting, the\nboard shall send notice by first class mail to each candidate, political\nparty, and independent body entitled to have had watchers present at the\npolls in any election district in the board's jurisdiction. Such notice\nshall state the time and place fixed by the board for such post-election\nreview.\n  (c) Each such candidate, political party, and independent body shall\nbe entitled to appoint such number of watchers to attend upon each\ncentral board of canvassers as the candidate, political party, or inde-\npendent body was entitled to appoint at the election in any election\ndistrict for which the central board of canvassers is designated to act.\n  (d) Upon assembling at the time and place fixed for such meeting, each\ncentral board of canvassers shall review the ballot envelopes determined\nto be invalid and set aside in the review required by subdivision two of\nthis section, ballot envelopes that were returned as undeliverable, and\nballot envelopes containing one or more curable defects that have not\nbeen timely cured.\n  (e) Each such candidate, political party, and independent body shall\nbe entitled to object to the board of elections' determination that a\nballot is invalid. Such ballots shall not be counted absent an order of\nthe court. In no event may a court order a ballot that has been counted\nto be uncounted.\n  9. State board of elections; powers and duties for canvassing of early\nmail, absentee, military, special and affidavit ballots. The state board\nof elections shall promulgate rules and regulations necessary for the\nimplementation of the provisions of this section. Such rules and\nregulations shall include, but not be limited to, provisions to (a)\nensure an efficient and fair review process that respects the privacy of\nthe voter, (b) ensure the security of the central count scanners used\nbefore election day, and (c) ensure that ballots cast as provided in\nthis section are canvassed and counted as if cast on election day.\n
N.Y. EDN Law § 2022 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2022
Vote on school district budgets and on the election of school district trustees and board of education members
Status: in_force

§ 2022. Vote on school district budgets and on the election of school\ndistrict trustees and board of education members. 1. Notwithstanding any\nlaw, rule or regulation to the contrary, the election of trustees or\nmembers of the board of education, and the vote upon the appropriation\nof the necessary funds to meet the estimated expenditures, in any common\nschool district, union free school district, central school district or\ncentral high school district shall be held at the annual meeting and\nelection on the third Tuesday in May, provided, however, that such\nelection shall be held on the second Tuesday in May if the commissioner\nat the request of a local school board certifies no later than March\nfirst that such election would conflict with religious observances. The\nsole trustee, board of trustees or board of education of every common,\nunion free, central or central high school district and every city\nschool district to which this article applies shall hold a budget\nhearing not less than seven nor more than fourteen days prior to the\nannual meeting and election or special district meeting at which a\nschool budget vote will occur, and shall prepare and present to the\nvoters at such budget hearing a proposed school district budget for the\nensuing school year.\n  2. Except as provided in subdivision four of this section, nothing in\nthis section shall preclude the trustees or board of education, in their\ndiscretion, from submitting additional items of expenditure to the\nvoters for approval as separate propositions or the voters from\nsubmitting propositions pursuant to sections two thousand eight and two\nthousand thirty-five of this part; provided however that such\npropositions shall be subject to the requirements set forth in\nsubdivision nine of section two thousand twenty-three-a of this part.\n  2-a. Every common, union free, central, central high school district\nand city school district to which this article applies shall mail a\nschool budget notice to all qualified voters of the school district\nafter the date of the budget hearing, but no later than six days prior\nto the annual meeting and election or special district meeting at which\na school budget vote will occur. The school budget notice shall compare\nthe percentage increase or decrease in total spending under the proposed\nbudget over total spending under the school district budget adopted for\nthe current school year, with the percentage increase or decrease in the\nconsumer price index, from January first of the prior school year to\nJanuary first of the current school year, and shall also include the\ninformation required by paragraphs a and b of this subdivision. The\nnotice shall also set forth the date, time and place of the school\nbudget vote, in the same manner as in the notice of annual meeting, and\nshall also include the district's tax levy limit pursuant to section two\nthousand twenty-three-a of this part, and the estimated school tax levy,\nexcluding any levy necessary to support the expenditures pursuant to\nsubparagraphs (i) through (iv) of paragraph i of subdivision two of\nsection two thousand twenty-three-a of this part, that would result from\nadoption of the proposed budget. Such notice shall be in a form\nprescribed by the commissioner.\n  a. Commencing with the proposed budget for the two thousand one--two\nthousand two school year, such notice shall also include a description\nof how total spending and the tax levy resulting from the proposed\nbudget would compare with a projected contingency budget adopted\npursuant to section two thousand twenty-three of this article, assuming\nthat such contingency budget is adopted on the same day as the vote on\nthe proposed budget. Such comparison shall be in total and by component\n(program, capital and administrative), and shall include a statement of\nthe assumptions made in estimating the projected contingency budget.\n  b. Commencing with the proposed budget for the two thousand eight--two\nthousand nine school year, such notice shall also include, in a format\nprescribed by the commissioner, an estimate of the tax savings that\nwould be available to an eligible homeowner under the basic school tax\nrelief (STAR) exemption authorized by section four hundred twenty-five\nof the real property tax law if the proposed budget were adopted. Such\nestimate shall be made in the manner prescribed by the commissioner, in\nconsultation with the office of real property services.\n  3. In all elections for trustees or members of boards of education or\nvotes involving the expenditure of money, or authorizing the levy of\ntaxes, the vote thereon shall be by ballot, or, in school districts that\nprior to nineteen hundred ninety-eight conducted their vote at the\nannual meeting, may be ascertained by taking and recording the ayes and\nnoes of such qualified voters attending and voting at such district\nmeetings.\n  4. The budget adoption process shall conform to the requirements set\nforth in section two thousand twenty-three-a of this part. In the event\nthat the original proposed budget is not approved by the voters, the\nsole trustee, trustees or board of education may adopt a final budget\npursuant to subdivision five of this section or resubmit to the voters\nthe original or a revised budget pursuant to subdivision three of\nsection two thousand seven of this part. Upon one defeat of such\nresubmitted budget, the sole trustee, trustees or board of education\nshall adopt a final budget pursuant to subdivision five of this section.\nNotwithstanding any other provision of law to the contrary, the school\ndistrict budget for any school year, or any part of such budget or any\npropositions involving the expenditure of money for such school year\nshall not be submitted for a vote of the qualified voters more than\ntwice.\n  5. If the qualified voters fail to approve the proposed school\ndistrict budget upon resubmission or upon a determination not to\nresubmit for a second vote pursuant to subdivision four of this section,\nthe sole trustee, trustees or board of education, after applying thereto\nthe public school moneys and other moneys received or to be received for\nthat purpose, shall levy a tax for the sum necessary for teachers'\nsalaries and other ordinary contingent expenses in accordance with the\nprovisions of this subdivision and sections two thousand twenty-three\nand two thousand twenty-three-a of this article.\n  6. Notwithstanding the provisions of subdivision four of section\neighteen hundred four and subdivision five of section nineteen hundred\nsix of this title, subdivision one of section two thousand two of this\narticle, subdivision one of this section, subdivision two of section\ntwenty-six hundred one-a of this title and any other provision of law to\nthe contrary, the annual district meeting and election of every common,\nunion free, central and central high school district and the annual\nmeeting of every city school district in a city having a population of\nless than one hundred twenty-five thousand inhabitants that is scheduled\nto be held on the third Tuesday of May, two thousand three is hereby\nadjourned until the first Tuesday in June, two thousand three. The\ntrustees or board of education of each such school district shall\nprovide notice of such adjourned meeting to the qualified voters in the\nmanner prescribed for notice of the annual meeting, and such notice\nshall provide for an adjourned budget hearing. The adjourned district\nmeeting or district meeting and election shall be deemed the annual\nmeeting or annual meeting and election of the district for all purposes\nunder this title and the date of the adjourned meeting shall be deemed\nthe statewide uniform voting day for all purposes under this title.\nNotwithstanding the provisions of subdivision seven of section sixteen\nhundred eight or subdivision seven of section seventeen hundred sixteen\nof this title or any other provision of law, rule or regulation to the\ncontrary, in two thousand three the property tax report card shall be\nsubmitted to the department no later than twenty days prior to the date\nof the adjourned meeting and the department shall make its compilation\navailable electronically at least seven days prior to such date.\n  7. Each school district shall post on its website, if any, a final\nannual budget and any multi-year financial plan adopted by the board of\neducation or trustees.\n
N.Y. RPT Law § 482 — New York Code / Act RPT / Article 4 / Title 2 / Section 482
Quarantined lands
Status: in_force

§ 482.  Quarantined lands. Whenever the state takes possession of farm\nlands for the purpose of enforcing a quarantine and to fumigate or treat\nthe lands against the spread of the golden nematode, the board of\nsupervisors of the county or the financial board of any city, within\nwhich such lands are situated, may, in its discretion, exempt such lands\nfrom taxation for county, city or town purposes, but such lands shall be\nsubject to tax levies for school purposes and special ad valorem levies\nand special assessments.  An exemption granted pursuant to this section\nshall continue only while the lands are in the possession of the state\nand under such quarantine and treatment.\n
N.Y. RPT Law § 489-JJ — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-JJ
State equalization rate
Status: in_force

§ 489-jj. State equalization rate. 1. In determining railroad\nceilings, the commissioner shall apply the latest state equalization\nrate for the appropriate assessing unit, except that, if a special\nequalization rate has been established as provided in subdivision two of\nthis section, such rate shall be applied. For the purposes of this\ntitle, the equalization rate to be applied in computing railroad\nceilings in the city of New York shall be computed by the commissioner\non a city-wide basis, giving appropriate weight to the latest state\nequalization rates or special equalization rates of the five counties\nwithin such city.\n  2. The commissioner shall establish a special equalization rate for\nthe purposes of this section where there has been a change in level of\nassessment on the assessment roll for which a railroad ceiling is to be\ndetermined, subject to the provisions of title two of article twelve of\nthis chapter, or the state equalization rate that would otherwise be\napplied reflects the level of assessment on the property subject to the\nrailroad ceiling or where a final state equalization rate has not been\nestablished for the assessment roll of the preceding year.\n
N.Y. EDN Law § 1803-A — New York Code / Act EDN / Title 2 / Article 37 / Section 1803-A
Alternative voting procedure
Status: in_force

§ 1803-a. Alternative voting procedure. 1. When an order laying out a\ncentral school district has been made and entered as provided in section\neighteen hundred one of this chapter, and the petitions referred to in\nparagraph a of subdivision one of section eighteen hundred two thereof\nhave been, or are being, presented and filed with the commissioner, a\nsecond petition may be presented by persons qualified to vote in any\nschool district, all of which is included in the area of the central\nschool district as laid out by such order, and which school district at\nthe time of such order maintained its own schoolhouse. Such second\npetition may request the alternative voting procedure authorized by this\nsection, and shall be signed by at least one hundred qualified voters of\nsuch district or by a number of such qualified voters equal to at least\nten per centum of the pupils of such district as determined by the last\nschool census, whichever shall be less; provided, however, that such\nsecond petition must, in any event, contain not less than ten\nsignatures. Such second petition shall be filed with the commissioner at\nthe same time as the first petition is filed. If the commissioner is\nsatisfied that both petitions have been duly signed as provided by law,\nhe shall fix a time and place for an election of the qualified voters\nwithin the central school district, which said election shall be held\nnot more than thirty days after the filing of the petitions aforesaid.\nThe commissioner shall cause notice of such election to be posted at\nleast ten days prior thereto in three conspicuous places in each school\ndistrict wholly or partly within the central school district. In\naddition to the posting of such notice, a copy thereof shall be\npublished at least three days before the election in a daily or weekly\nnewspaper published within the territory or in a newspaper circulating\ntherein. The expense of posting and publishing of the notice shall be\nborne equally by the several school districts within the territory,\nunless a central school district is organized, in which event such\nexpense shall become a charge upon said central school district.\n  2. Elections for the establishment of a central school district under\nthe provisions of this section shall be conducted as follows:\n  a. They shall take place on a day and at a place designated by the\ncommissioner for a vote by all the qualified voters within the central\nschool district, except as otherwise provided in paragraph b of this\nsubdivision.\n  b. The qualified voters of any school district from which a second\npetition pursuant to subdivision one of this section has been received,\nshall vote on the designated day at the principal schoolhouse located in\nsuch district. Such petitioning district shall be known as a special\nelection district.\n  c. The election shall take place during at least four consecutive\nhours between the hours of seven o'clock in the forenoon and ten o'clock\nin the evening, as determined by the commissioner of education.\n  d. The ballots for the election shall be furnished by the commissioner\nof education and shall contain a resolution in substantially the\nfollowing form: "Resolved that the ........... central school district\n(add designation) as described in the order of the commissioner of\neducation be organized and a central school for instruction in\nelementary and high school subjects be established."\n  e. Before each person casts his ballot he shall be required to sign a\nstatement contained in a poll book provided for the purpose, declaring\nthat he is a qualified voter within the central school district.\n  f. Provision shall be made for the use of absentee ballots as provided\nunder section two thousand eighteen-a or two thousand eighteen-b of this\ntitle, whichever shall apply, and early mail ballots as provided under\nsection two thousand eighteen-e or two thousand eighteen-f of this\ntitle, whichever shall apply.\n  3. The commissioner shall appoint a board of canvass whose duty it\nshall be to act as a board of elections at the central voting place\ndesignated by the commissioner pursuant to paragraph a of subdivision\ntwo of this section, and also to act as a board of canvass for the\nentire area included in the central school district, including any\ndistrict petitioning pursuant to subdivision one of this section. Such\nboard shall, as soon as the ballot boxes and books containing the names\nof the voters have been delivered to the board of canvass at the place\ndesignated by the commissioner, count the ballots of all those voting in\nthe central school district. Prior to ascertaining the manner in which\nany voter has marked a ballot, the number of ballots from the central\nvoting place and each special election district shall be counted\nseparately without opening them and if the number does not correspond\nwith the number of names contained in the poll book of such central\nvoting place or special election district, the board before canvassing\nthe ballots, shall withdraw therefrom a number sufficient to make the\nnumber of ballots correspond with the number of names in the poll book.\nSuch board shall then canvass the vote of the central voting place and\nof each special election district separately and certify to the\ncommissioner the total number of votes cast at the central voting place\nand at each special election district, the number of valid votes cast\nfor the organization, the number of valid votes cast against the\norganization, the number of void ballots and the number of blank\nballots. A majority of the valid votes cast at the central voting place\nand at each special election district shall be necessary to establish\nthe central school district. The board of canvass shall seal the books\nand the ballots immediately upon the completion of the certificate,\nsetting forth the result and shall retain them in its possession for at\nleast thirty days. If an appeal is brought from an action of the\nmeeting, the ballots shall be available for the inspection of the\ncommissioner. The board of canvass shall file a copy of such certificate\nwith each school superintendent in whose jurisdiction the central school\ndistrict, or any part thereof, is or may thereafterward be located, and\nshall also file a copy thereof with the town clerk of each town in which\nany part of such central school district is or may thereafterward be\nlocated.\n  4. a. The trustee or board of trustees or education of each special\nelection district shall act as an election board for the conduct of the\nelection in such district. The sole trustee or president of the board\nshall administer the challenges. If the president of the board is not\navailable, the board may elect any one of its members in his stead. If\nno one is otherwise available or if during the course of the election it\nbecomes necessary for a trustee in a one-trustee district to absent\nhimself, the district superintendent of schools shall designate a voter\nof the election district to carry out the duties of the election board.\nSuch board shall furnish a padlocked ballot box.\n  b. After the polls are closed, and after all persons within the room\nhave voted, the election board shall forthwith proceed to deliver to the\nboard of canvass at the place designated by the commissioner of\neducation the ballot box and the book containing the names of the\nvoters. Any wilful violation of this paragraph shall be a misdemeanor.\n  5. Upon an appeal to the commissioner of education, substantial\ncompliance with the procedures herein required shall be sufficient to\nmeet the intent of this section.\n  6. If the resolution described in subdivision two of this section\nshall be defeated, no such elections or meeting shall again be called\nwithin one year after such elections. If no elections or meeting shall\nbe called to reconsider the question within two years after such\noriginal elections or if at any such elections or meeting called within\ntwo years of such original elections the resolution shall again fail of\nadoption, the order of the commissioner of education to which the\nresolution relates shall be null and void and of no further force and\neffect.\n  7. If at such election the resolution referred to in subdivision two\nis adopted, the commissioner of education shall fix a time and place for\na special meeting of the qualified voters within the central school\ndistrict for the purpose of electing a board of education. The\ncommissioner shall cause notice of such meeting to be posted at least\nten days before the meeting in three conspicuous places in each former\nschool district wholly or partly within the central school district. In\naddition to the posting of such notice, a copy thereof shall be\npublished at least three days before the meeting in a daily or weekly\nnewspaper published within the territory or in a newspaper circulating\ntherein. The expense of posting and publishing of the notice shall be\nupon said central school district.\n  8. The commissioner of education may order such modifications in the\nmanner of voting on the resolution described in subdivision two of\nsection eighteen hundred three of this chapter and for the election\ndescribed in subdivision seven of this section as are customary in\nschool district elections in the community affected by such vote. Such\nmodifications may include the use of voting machines and the use of\nnominating petitions.\n
N.Y. RPT Law § 489-III — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-III
Prior certificates of eligibility
Status: in_force

§ 489-iii.  Prior certificates of eligibility.  Any project for which\na certificate of eligibility has been approved by the industrial and\ncommercial incentive board prior to the enactment of this section shall\nbe eligible for a tax exemption computed according to the tax exemption\ntables and formulae in effect on the date of such approval.\n
N.Y. PBH Law § 13 — New York Code / Act PBH / Article 1 / Title 2 / Section 13
Enforcement: against officers
Status: in_force

§ 13. Enforcement: against officers.  The performance of any duty or\nthe doing of any act enjoined, prescribed or required by this chapter,\nmay be enforced by a proceeding pursuant to article seventy-eight of the\ncivil practice law and rules at the instance of the department or of a\nlocal board of health, or of any citizen of full age resident of the\nmunicipality where the duty should be performed or the act done.\n
N.Y. VAT Law § 216 — New York Code / Act VAT / Title 2 / Article 2 / Section 216
Automotive-medical research division
Status: in_force

§ 216 Automotive-medical research division. The commissioner shall\nestablish an automotive-medical research division with such facilities\nand such expert assistants as are necessary to do medical and\nengineering research in the field of motor vehicle safety. The\ncommissioner shall from time to time make reports and recommendations to\nthe governor, and the legislature on the findings and studies of the\nagency. The commissioner shall be empowered to contract with the\ndepartment of health for medical research necessary to carry out the\npurposes of this section, and, subject to the provisions of the state\nfinance law, to take and administer for the state any grant, gift or\nbequest to be applied, principal or income, or both, for the purposes\nspecified in such grant, to the maintenance and operation of a research\nprogram under this section.\n
N.Y. PBH Law § 231 — New York Code / Act PBH / Article 2 / Title 2-B / Section 231
New York state health service corps
Status: in_force

* § 231. New York state health service corps. 1. The commissioner\nshall establish within the department the New York state health service\ncorps (hereinafter "corps"). The commissioner shall have central\nresponsibility for administering the provisions of this title with\nrespect to increasing the availability of health services in certain\neligible facilities and institutions.\n  2. For purposes of this title: (a) "health corps professional" means a\nnurse, physician's assistant, dental hygienist, occupational therapist,\nspeech-language pathologist, audiologist, physical therapist, midwife or\nsuch other health professional, other than a physician or dentist, who\nis determined by the commissioner, in consultation with the\ncommissioners of education, correctional services, mental health, mental\nretardation and developmental disabilities and the president of the\ncivil service commission, to possess the skills and training appropriate\nto the needs of eligible institutions and facilities;\n  (b) "eligible institutions and facilities" shall include: (i)\nfacilities operated by the department of correctional services, office\nof mental health and office of mental retardation and developmental\ndisabilities; (ii) non-profit agencies possessing operating certificates\nissued by the office of mental health or office of mental retardation\nand developmental disabilities or under contract with the commission for\nthe blind and visually handicapped; (iii) not-for-profit diagnostic and\ntreatment centers licensed under article twenty-eight of this chapter\nwhich have a critical shortage of health personnel, as determined by the\ncommissioner and which serve the medically indigent and medicaid\neligible persons; (iv) AIDS service sites, as defined in this section;\n(v) health care facilities operated by the department, provided that at\nany time the total number of placements in such facilities shall not\nexceed ten percent of the total number of placements under this section;\nand (vi) in the case of midwives, not-for-profit facilities licensed\nunder article twenty-eight of this chapter which serve the medically\nindigent and medicaid eligible women;\n  (c) "president" means the president of the New York state higher\neducation services corporation.\n  (d) "AIDS service sites" means health care facilities and non-profit\nor public agencies, designated by the commissioner, which provide care\nor treatment to persons infected with the human immunodeficiency virus\n(HIV) or who have acquired immunodeficiency syndrome (AIDS) and which\nare currently experiencing a shortage of health personnel to\nspecifically serve such person.\n  * NB Expired July 18, 1996\n
N.Y. PBA Law § 3868 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3868
Bonds, notes or other obligations legal for investment and deposit
Status: in_force

§ 3868. Bonds, notes or other obligations legal for investment and\ndeposit. The bonds, notes or other obligations of the authority are\nhereby made securities in which all public officers and bodies of the\nstate and all public corporations, municipalities and municipal\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nconservators, guardians, executors, trustees and other fiduciaries, and\nall other persons whatsoever who are now or may hereafter be authorized\nto invest in bonds, notes or other obligations of the state, may\nproperly and legally invest funds, including capital, in their control\nor belonging to them. The bonds, notes or other obligations are also\nhereby made securities which may be deposited with and may be received\nby all public officers and bodies of the state and all municipalities\nand public corporations for any purpose for which the deposit of bonds,\nnotes or other obligations of the state is now or may hereafter be\nauthorized.\n
N.Y. PBH Law § 2896-G — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-G
Registration
Status: in_force

§ 2896-g. Registration. 1. Every licensee must register biennially\nwith the department. The department shall mail to every person who has\nreceived a license under this article an application form for\nregistration requesting such information as the board and the\ncommissioner may require. Such licensee shall promptly fill out, sign\nand forward such application to the department, together with a fee of\nforty dollars; however, initial registration shall not require such fee.\nUpon receipt and approval of such application and fee, the department\nshall issue a certificate of biennial registration. The commissioner\nshall establish by rule and regulation the beginning date of the\nbiennial registration period.  In the event that a change in the\nestablished beginning date of the biennial registration period requires\nan adjustment in the duration of a registration period, there shall be a\nproportionate adjustment in the prescribed fee.\n  2. Licensees who apply for registration subsequent to the first year\nof any biennial registration period shall pay a fee of twenty dollars;\nhowever, initial registration shall not require such fee; upon receipt\nand approval of such application and fee, the department shall issue a\ncertificate of registration for the balance of the biennial registration\nperiod.\n  3. Registration subsequent to the thirty-first day of December,\nnineteen hundred seventy-three, shall require satisfactory completion of\nsuch continuation education programs or courses of study as the board\nshall determine are required to assure the licensee's retention of\nprofessional competence in nursing home administration and development\nof necessary different, new or advanced nursing home administration\nskills and techniques.\n  4. A nursing home administrator who fails or neglects to apply for\nregistration before the first day of the next ensuing biennial\nregistration period as required by the provisions of this section shall\nbe required to pay for registration an additional fee of five dollars\nfor each month or part thereof that he is in default, provided, however,\nthat the additional fee shall not be more than one hundred twenty\ndollars.\n  5. A practicing nursing home administrator who fails to apply and\nqualify for registration before the first day of the next ensuing\nbiennial registration period, shall be an illegal practitioner whose\nlicense may be suspended or revoked and who may be subjected to a civil\npenalty, censured or reprimanded by the board in accordance with the\nprovisions of this article.\n  6. No person shall be entitled to register as a nursing home\nadministrator unless he shall hold a license as provided for in this\narticle. Every unrevoked certificate of registration issued as provided\nin this article shall be presumptive evidence in all courts and places\nthat the person named therein is legally registered.\n  7. A nursing home administrator who has been heretofore duly licensed\nand registered to practice in this state whose license shall not have\nbeen revoked or suspended, and who either before or after registration,\nas required by this section, shall have temporarily abandoned the\npractice of nursing home administration and surrendered his registration\ncertificate, may reregister within this state upon complying with the\nprovisions of this section for registration, including payment of any\nfees due as of the date of surrender.\n  8. Upon receipt of satisfactory evidence that a certificate of\nregistration has been lost, mutilated or destroyed, the department may\nissue a duplicate certificate upon such terms and conditions as the\nboard shall prescribe with the approval of the commissioner, and upon\nthe payment of a fee of ten dollars.\n
N.Y. ELN Law § 6-200 — New York Code / Act ELN / Article 6 / Title 2 / Section 6-200
Application of title
Status: in_force

§ 6-200. Application of title. 1. This title applies to all general\nand special village elections for officers which are conducted by the\nboard of elections on a date other than the date of the general election\nand all the provisions of this chapter, not inconsistent with this\ntitle, shall apply.\n  2. For the purposes of this title, a village shall be deemed to be\nlocated within a county if more than fifty percent of the population of\nthe village as shown by the last federal decennial, or special census\nresides in that portion of the village located in that county.\n
N.Y. RPT Law § 1440 — New York Code / Act RPT / Article 14 / Title 2 / Section 1440
Civil actions to recover unpaid taxes
Status: in_force

§ 1440.  Civil actions to recover unpaid taxes. 1. After the lapse of\nthirty days from the return of the treasurer, an action may be\nmaintained, as upon contract, by the village to recover the amount of an\nunpaid tax, together with any interest thereon, as set forth herein.\n  2. (a) After receiving the account of unpaid taxes and not later than\nthe seventh day of February or such other date as may be applicable\npursuant to section 5-510 of the village law, the board of trustees may\ndetermine by resolution that all or a portion of such unpaid taxes shall\nbe collected by civil action.\n  (b) The board shall thereupon cause proceedings to be brought as to\nthat portion which it has determined to collect by civil action. A\ncertified copy of the resolution shall be delivered to the village\ntreasurer. However, as to those parcels of property which are subject to\ndelinquent tax liens from prior years, it shall not be necessary to\nattempt to collect such taxes by civil action.\n  (c) An order of attachment against the property of the defendant may\nbe granted upon the application of the plaintiff as provided by the\ncivil practice law and rules, irrespective of the amount of such tax. A\njudgment in such action for any amount, when docketed in the office of\nthe county clerk, shall be a lien upon the real property of the\ndefendant, having the same priority, as such lien, as the taxes upon\nwhich there was a recovery recovered in such action, and an execution\nupon the judgment may be issued and enforced against the real property\nof the defendant irrespective of the amount of such judgment.\nEnforcement proceedings may also be taken for such tax in accordance\nwith the provisions of section nine hundred ninety of this chapter,\nirrespective of the amount of such judgment.\n
N.Y. PBA Law § 3865 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3865
Resources of the authority
Status: in_force

§ 3865. Resources of the authority. 1. Subject to the provisions of\nthis title, the directors of the authority shall receive, accept,\ninvest, administer, expend and disburse for its corporate purposes all\nmoneys of the authority from whatever source derived including (a)\nrevenues and (b) proceeds of bonds, notes or other obligations.\n  2. Subject to the provisions of any contract with bondholders,\nrevenues of the authority shall be paid to the authority and shall not\nbe commingled with any other money.\n  3. The money in any of the authority's accounts shall be paid out on\nchecks signed by the treasurer of the authority, or by other lawful and\nappropriate means such as wire or electronic transfer, on requisitions\nof the chairperson of the authority or of such other officer as the\ndirectors shall authorize to make such requisition, or pursuant to a\nbond resolution or trust indenture.\n  4. All deposits of authority money shall be secured by obligations of\nthe United States or of the state or of the city at a market value at\nleast equal at all times to the amount of the deposit, and all banks and\ntrust companies are authorized to give such security for such deposits.\nThe authority shall have the power, notwithstanding the provisions of\nthis section, to contract with the holders of any of its bonds, notes or\nother obligations as to the custody, collection, securing, investment\nand payment of any money of the authority or any money held in trust or\notherwise for the payment of bonds, notes or other obligations or in any\nway to secure bonds, notes or other obligations, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the other provisions of this title. Money held in trust or\notherwise for the payment of bonds, notes or other obligations or in any\nway to secure bonds, notes or other obligations, and deposits of such\nmoney, may be secured in the same manner as money of the authority, and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n  5. Revenues of the authority shall be applied in the following order\nof priority: first to pay debt service or for set asides to pay debt\nservice on the authority's bonds, notes, or other obligations and to\nreplenish any reserve funds securing such bonds, notes or other\nobligations of the authority, in accordance with the provision of any\nindenture or bond resolution of the authority; then to pay the\nauthority's operating expenses not otherwise provided for; and then,\nsubject to the authority's agreement with the city, for itself or on\nbehalf of the city's dependent school district and any other covered\norganization, to transfer as frequently as practicable the balance of\nrevenues not required to meet contractual or other obligations of the\nauthority to the city or the city's dependent school district as\nprovided in subdivision seven of this section.\n  6. (a) Any such payment of state aid revenues to the authority shall\nnot obligate the state to make available, nor entitle the city to\nreceive, any additional state aid.\n  (b) Nothing contained in this title shall be construed to create a\ndebt of the state within the meaning of any constitutional or statutory\nprovisions. Any provision with respect to state aid or state aid\nrevenues shall be deemed executory only to the extent of moneys\navailable, and no liability shall be incurred by the state beyond the\nmoneys available for that purpose, and any such payment by the\ncomptroller of state aid revenues is subject to annual appropriation of\nstate aid by the state legislature.\n  (c) Nothing contained in this title shall be deemed to restrict the\nright of the state to amend, repeal, modify, or otherwise alter section\nfifty-four of the state finance law or any provision relating to state\naid to municipalities. The authority shall include within any\nresolution, contract, or agreement with holders of its bonds, notes or\nother obligations a provision which states that no default occurs as a\nresult of the state's exercising its right to amend, repeal, modify, or\notherwise alter section fifty-four of the state finance law or any other\nprovision relating to state aid to municipalities.\n  7. On a monthly basis, the authority shall prepare and provide to the\ncity and the city's dependent school district a detailed separate\naccounting of all revenues received and payments and debt service set\nasides made, as attributable to the city and the city's dependent school\ndistrict. Such accounting shall reflect (a) the amount of state aid\nrevenues, city tax revenues and school district tax revenues received\nduring such month, (b) the respective portion of debt service paid or\nset aside during such month by the authority for its notes, bonds and\nother obligations attributable to the city and the city's dependent\nschool district; (c) the respective portion of reserve fund\nreplenishment made or set aside during such month by the authority in\nconnection with its notes, bonds and other obligations attributable to\nthe city and the city's dependent school district; and (d) the\nrespective portion of administrative expenses of the authority paid or\nset aside during such month by the authority attributable to the city\nand the city's dependent school district. As soon as practicable after\neach monthly payment or set aside, the authority shall make respective\npayments of the remaining monthly balance or revenues to the city and\nthe city's dependent school district in accordance with such separate\naccounting. To the extent that such respective monthly payments of the\nremaining balance of revenues result in an overpayment or underpayment\nto the city or the city's dependent school district, the authority shall\nin the immediately subsequent month, after making debt service payments\nor debt service set asides, replenishing any reserve funds and paying\nthe administrative expenses of the authority for such month, make an\nadjustment in favor of the city or the city's dependent school district,\nas the case may be, before determining the remaining amount of the\nbalance of revenues for such subsequent month and paying such remaining\nmonthly balance of revenues to the city and the city's dependent school\ndistrict. Nothing in this title shall be deemed to restrict the\nauthority of the state comptroller and the commissioner of taxation and\nfinance to adjust for overpayments or underpayments pursuant to the tax\nlaw.\n