N.Y. PBH Law § 4657*2 — New York Code / Act PBH / Article 46-B / Title 4 / Section 4657*2
Residency admission
Status: in_force

* § 4657. Residency admission. 1. An assisted living operator shall\nconduct an initial pre-admission evaluation of a prospective resident to\ndetermine whether or not the individual is appropriate for admission to\nthe assisted living residence. Such evaluation shall be conducted by the\noperator and, if necessary, in conjunction with a home care services\nagency or appropriate employee pursuant to paragraph (d) of subdivision\none of section four thousand six hundred fifty-five of this article. The\noperator shall conduct all such evaluations using an evaluation tool\ndeveloped by the department, to be based on the recommendations of the\ntask force created pursuant to section five of the chapter of the laws\nof two thousand four which added this section or one developed by the\noperator that receives approval by the department.\n  2. The assisted living operator shall not admit any resident if the\noperator is not able to meet the care needs of the resident within the\nscope of services authorized under this article, and the individualized\nservice plan; provided, further that no operator shall admit any\nresident in need of twenty-four hour skilled nursing care.\n  3. (a) At the time of the admission to an assisted living residence, a\nresident shall submit to the facility a written report from a physician,\na physician assistant or a nurse practitioner, which report shall state:\n  (i) that the physician, physician assistant or nurse practitioner has\nphysically examined the resident within one month and the date of such\nexamination;\n  (ii) that the resident is not in need of acute or long term medical or\nnursing care which would require placement in a hospital or residential\nhealth care facility; and\n  (iii) that the resident is not otherwise medically or mentally\nunsuitable for care in the facility.\n  (b) For the purpose of creating an accessible and available record and\nassuring that a resident is properly placed in such a facility, the\nreport shall contain the resident's significant medical history and\ncurrent conditions, the prescribed medication regimen, recommendations\nfor diet, the assistance needed in the activities of daily living, and\nwhere appropriate, recommendations for exercise, recreation and\nfrequency of medical examinations.\n  (c) Such resident shall thereafter be examined by a physician, a\nphysician assistant or a nurse practitioner at least annually, and shall\nsubmit an annual written report in conformity with the provisions of\nthis subdivision.\n  (d) Following a resident's stay in a hospital or residential health\ncare facility, upon return to the assisted living residence, the\nassisted living residence shall not be required to obtain the report in\nparagraph (a) of this subdivision, and instead shall obtain a statement\nfrom the discharging facility which shall:\n  (i) state that the resident is appropriate to return to the residence;\nand\n  (ii) include the reason for the stay, the treatment plan to be\nfollowed, and any new or changed orders, including medications.\n  The statement shall be completed by a physician, a physician assistant\nor a nurse practitioner.\n  (e) Nothing required in this subdivision shall require the use of an\nidentical form in adult care facilities and assisted living residences,\neither upon admission or return.\n  * NB There are 2 § 4657's\n
N.Y. RPT Law § 579 — New York Code / Act RPT / Article 5 / Title 4 / Section 579
Coordinated assessment programs
Status: in_force

§ 579. Coordinated assessment programs. 1. Establishment of program.\nTwo or more assessing units, except villages, within the same county or\nadjoining counties may establish a coordinated assessment program,\nwithout referendum, by entering into an agreement meeting the criteria\nset forth in this section at least forty-five days before the taxable\nstatus date of the first assessment roll to which such program is to\napply. Any agreement entered into hereunder shall be approved by each\nparticipating assessing unit by a majority vote of the voting strength\nof its governing body. A copy of each such agreement shall be filed with\nthe commissioner on or before such taxable status date. As used in this\nsection, the term "voting strength" has the meaning set forth in section\none hundred nineteen-n of the general municipal law.\n  2. Types of agreements. (a) Coordinated assessment programs with\ndirect county involvement. Two or more assessing units, except villages,\nwithin the same county may establish a coordinated assessment program by\nentering into an agreement with the county pursuant to subdivision four\nof section one thousand five hundred thirty-seven of this chapter, which\nprovides for the county to provide assessment services to all of the\nparticipating assessing units, and which contains the additional\nprovisions set forth in this section.\n  (b) Coordinated assessment programs without direct county involvement.\nTwo or more assessing units, except villages, within the same county or\nadjoining counties may establish a coordinated assessment program by\njointly entering into a municipal cooperative agreement between or among\nthemselves pursuant to section five hundred seventy-six of this title\nand article five-G of the general municipal law, which provides for a\nsingle assessor to be appointed to hold the office of assessor in all\nthe participating assessing units, and which contains the additional\nprovisions set forth in this section.\n  (c) No agreement pursuant to this section may be entered into by an\nassessing unit which has retained elective assessors.\n  2-a. When an assessing unit is required to change its assessment\ncalendar in order to comply with the requirements of paragraph (c) of\nsubdivision three of this section, the establishment of the coordinated\nassessment program shall be deemed contingent upon the implementation of\nthe required assessment calendar changes pursuant to law.\n  3. Additional provisions. In addition to any other requirements of\nlaw, an agreement for a coordinated assessment program shall provide for\nthe following:\n  (a) Single assessor. Effective no later than sixty days after the date\non which the agreement is effective, the same individual shall be\nappointed to hold the office of the assessor in all of the assessing\nunits participating in the coordinated assessment program. The term of\noffice of such assessor shall be such term as set forth in section three\nhundred ten of this chapter. Upon the expiration of the term of the\nassessor so appointed, or in the event that the assessor so appointed\nshall resign or otherwise be unable to remain in office, a single\nindividual shall be appointed to succeed him or her in all the\nparticipating assessing units.\n  (b) Standard of assessment. Effective with the first assessment roll\nproduced pursuant to this section, all real property shall be assessed\nat the same uniform percentage of value in all of the assessing units\nparticipating in the coordinated assessment program throughout the term\nof the agreement.  Such percentage may be expressly prescribed by the\nagreement.\n  (c) Assessment calendar. The dates applicable to the assessment\nprocess in each participating assessing unit, including taxable status\ndate, and the dates for the filing of the tentative and final assessment\nrolls, shall be as provided in this article and article three of this\nchapter.\n  4. Modifications of existing programs. (a) Addition of new\nparticipants.  An agreement for a coordinated assessment program may be\namended to add one or more eligible assessing units to the program. The\namended agreement shall be approved in the same manner as an original\nagreement; provided that the amended agreement must be approved at least\nforty-five days before the taxable status date of the first assessment\nroll to which the amended agreement is to apply. A copy of the amended\nagreement shall be filed with the commissioner on or before such taxable\nstatus date.\n  (b) Withdrawal of participants. An assessing unit may withdraw from a\ncoordinated assessment program by local law or resolution; provided,\nhowever, that the local law or resolution providing for the withdrawal\nmust be approved by a majority of the voting strength of its governing\nbody at least forty-five days before the taxable status date of the\nfirst assessment roll to which it is to apply and filed with the\ncommissioner on or before such taxable status date. Upon the withdrawal\nof an assessing unit from a coordinated assessment program, the\nagreement between or among the remaining participants shall be deemed\namended to remove any references to the assessing unit that has\nwithdrawn.\n  (c) Termination of program. A coordinated assessment program may be\nterminated (i) by the adoption of local laws or resolutions providing\nfor the termination of the program by at least fifty percent of the\nparticipating assessing units; or (ii) in the case of a program with\ndirect county involvement, by the adoption by the county of a local law\nor resolution providing for the termination of the program; provided,\nhowever, that in either case the local laws or resolutions providing for\nthe termination must be approved by a majority of the voting strength of\nits governing body at least forty-five days before the taxable status\ndate of the first assessment roll to which it is to apply and filed with\nthe commissioner on or before such taxable status date.\n  (d) Automatic termination of program. A coordinated assessment program\nshall be automatically terminated in the event the commissioner becomes\naware, on or before the taxable status date of the assessment roll to\nwhich such program applies, that the same individual is no longer\nserving as assessor in all of the assessing units that comprise a\ncoordinated assessment program.\n  (e) Continuation of program. A coordinated assessment program shall be\ndeemed to continue unless it is so terminated pursuant to paragraphs (c)\nor (d) of this subdivision.\n  5. Equalization. In addition to the provisions set forth in article\ntwelve of this chapter, state equalization for assessing units\nparticipating in a coordinated assessment program shall be subject to\nthe following:\n  (a) Market value surveys. For any market value survey commenced after\nthe first assessment roll produced pursuant to this section, the\ncommissioner shall conduct a common market value survey including all\nthe assessing units participating in the program, using data collected\npursuant to subdivision three of section twelve hundred of this chapter.\n  (b) Equalization rates. The commissioner shall establish the same\nequalization rate which is to be applicable to all of the assessing\nunits participating in a coordinated assessment program. Equalization\nrates shall be established in accordance with the provisions of this\nsection beginning with the first assessment roll prepared by the\ncoordinated assessment program. If the commissioner is unable to\nestablish an equalization rate prior to the levy of taxes on the first\nassessment rolls prepared for a coordinated assessment program, the\ncommissioner shall establish special equalization rates as follows:\n  (i) For the apportionment of school taxes pursuant to article thirteen\nof this chapter, such rate shall be the quotient of the aggregate total\nassessed value of taxable real property on the assessment rolls\ncompleted by the assessing units in the year prior to the first\nassessment rolls of the coordinated assessment program divided by the\naggregate full value estimate for the assessment rolls of the\nparticipating municipalities in the coordinated assessment program as\nestablished in the market value survey with the same full value standard\nas the other special equalization rates certified by the commissioner\nfor that apportionment; this quotient shall be adjusted for a material\nchange in level of assessment occurring on the first assessment rolls of\nthe coordinated assessment program.\n  (ii) For the apportionment of county taxes pursuant to title two of\narticle eight of this chapter, such rate shall be the quotient of the\naggregate total assessed value of taxable real property on the\nassessment rolls completed by the assessing units in the year prior to\nthe first assessment rolls of the coordinated assessment program divided\nby the aggregate full value estimate for the assessment rolls of the\nparticipating municipalities in the coordinated assessment program as\nestablished in the market value survey with the same full value standard\nas the other county equalization rates certified by the commissioner for\nthat apportionment; this quotient shall be adjusted for any change in\nlevel of assessment occurring on the first assessment rolls of the\ncoordinated assessment program.\n  (c) Administrative review. (i) If an assessing unit participating in a\ncoordinated assessment program files a complaint with the commissioner\nagainst a tentative equalization rate, it shall simultaneously, in\naddition to any other requirement, serve a copy of its complaint upon\nall the other assessing units participating in the coordinated\nassessment program. Where such a complaint has been filed, the assessor\nshall be authorized to provide the specific parcel objections in support\nof the complaint.\n  (ii) If an assessing unit participating in a coordinated assessment\nprogram should wish to support, object to, or express an opinion on a\ncomplaint filed by another assessing unit participating in the program,\nit shall have the right to file written statements with the commissioner\non or before the date on which the complaint is scheduled to be heard.\nSimultaneously, a copy of any such statements shall be served by that\nassessing unit upon all the other participating assessing units.\n  (iii) Any change made to the tentative equalization rate as a result\nof administrative review shall apply to all of the participating\nassessing units.\n  (d) Judicial review. If an assessing unit participating in a\ncoordinated assessment program petitions for judicial review of a final\nequalization rate, a copy of its petition shall simultaneously be served\nby that assessing unit upon the other participating assessing units. Any\nchange made to the final equalization rate as a result of such judicial\nreview shall apply to all of the participating assessing units.\n  (e) Where the commissioner prepares the same equalization rate for\nparticipating municipalities pursuant to this subdivision, in conducting\nthe market value survey pursuant to article twelve of this chapter, the\ncommissioner may treat the coordinated assessment program as a single\nsurvey unit.\n  6. Rules. The commissioner may promulgate such rules as may be\nnecessary to implement the provisions of this section.\n
N.Y. RPT Law § 964 — New York Code / Act RPT / Article 9 / Title 4 / Section 964
Deposit and delivery of conditional tax receipts
Status: in_force

§ 964. Deposit and delivery of conditional tax receipts. 1.\nImmediately upon the execution of the loan contract between the taxpayer\nand the loan corporation, the loan corporation shall pay to the\nmunicipal corporation the moneys provided for therein. The taxpayer\nshall make payments on the loan to the banking institution with which\nthe conditional tax receipt has been deposited for the account of the\nloan corporation.\n  2. When made, such payments shall be entered and acknowledged by the\nbanking institution upon the conditional tax receipt, which receipt\nshall remain in the possession of the banking institution until either\nthe loan is fully discharged or a default occurs thereon. In the event\nthe loan is fully discharged, the conditional tax receipt shall be\nendorsed "paid" and delivered to the taxpayer or person making the\npayment. In the event of default, the conditional tax receipt shall be\nreturned to the loan corporation at its option.\n
N.Y. PBH Law § 370 — New York Code / Act PBH / Article 3 / Title 4 / Section 370
Certain cities; duty in case of peril to public health
Status: in_force

§ 370. Certain cities; duty in case of peril to public health.  1. In\ncase of great and imminent peril to the public health of the city, it\nshall be the duty of the commissioner of health or health officer in\ncities having a population of less than one hundred seventy-five\nthousand, with the approval and consent of the common council or similar\nlegislative authority if it be practicable to convene that authority for\nprompt action, or if not, when approved by the board of estimate and\napportionment or authority of similar powers, to take such measures and\nto do, order or cause to be done such acts and to make such\nextraordinary expenditures, in excess of the sum appropriated to the\ndepartment of health, as provided by law, for the preservation and\nprotection of the public health of such city, as he may deem necessary\nand proper.\n  2. Such peril to public health shall be deemed to exist only when and\nfor such period as the commissioner of health and board of estimate and\napportionment in cities having a population of fifty thousand to one\nhundred seventy-five thousand, and in cities having a population of less\nthan fifty thousand, the health officer and the board of estimate and\napportionment or authority having similar power and the common council\nor similar legislative authority in a city having no board of estimate\nand apportionment or authority with similar power, shall determine.\n
N.Y. ELN Law § 3-412 — New York Code / Act ELN / Article 3 / Title 4 / Section 3-412
Election inspectors and poll clerks; training
Status: in_force

§ 3-412. Election inspectors and poll clerks; training.  1. Each board\nof elections shall, at least once every year, conduct a mandatory school\nfor the instruction of election inspectors, poll clerks and election\ncoordinators. Such instruction may be given in person or online at\nvarious times throughout the year, provided that online instruction\nshall be offered over a two week period that includes the date for\nin-person instruction. Such training shall be offered no less frequently\nthan on a quarterly basis. Certain online participants may be required\nto supplement online instruction with in-person instruction that\nincludes the use of voting machines or other matters requiring\nspecialized training. Written notice shall be given to participants\nstating the time and place at which such in-person instruction shall be\nheld, the option to obtain instruction online with direction on how to\naccess the online option, and identifying the participants that must\nattend in-person instruction in addition to online instruction.\n  1-a. The state board of elections shall establish a mandatory core\ncurriculum for poll worker training which includes the requirements in\nsubdivision two of this section, and the rights of voters at the polls\nand obligation of election workers to protect those rights while\nmaintaining the integrity of the franchise, including assisting voters\nwith disabilities or with limited or no proficiency in the English\nlanguage, handling, processing and entitlement to ballots, including\naffidavit and emergency ballots, proper identification requirements,\nprocedures to be followed with respect to voters whose names are not on\nthe list of registered voters or whose identities have not been\nverified, electioneering and other violations of the elective franchise\nas defined in this chapter, solicitation by individuals and groups at\nthe polling place and procedures to be followed after the polls close.\nEach board of elections shall augment the core curriculum with local\nprocedures not inconsistent with the core curriculum adopted by the\nstate board of elections and which includes procedures relating to\nproper operation of, and remedying problems with, the voting machine or\nsystem in use in that jurisdiction.\n  1-b. The state board of elections shall establish and host an\neducation and training institute which shall be responsible for the\ndevelopment and implementation of a statewide program wherein persons\ncan become certified poll worker trainers. This institute shall also\ncreate a train-the-trainer program, in order for county boards of\nelections to implement an effective training program at their respective\nlocal level of program delivery. The state board's trainers shall\ninclude in the trainer curriculum to be developed, attention to, inter\nalia, poll worker ability to serve a diverse electorate with complete\nconfidence and respect; professionalizing the delivery of all election\nday services; providing assistance to voters with disabilities and those\nwith limited English language proficiency, ensuring the dignity and\nprivacy of such individuals; and to individuals who are members of\nracial or ethnic minorities, complete familiarity and comfort with all\nvoting systems in use in poll sites, including ballot marking devices or\nother systems/services available to voters with disabilities; and poll\nworker ability to recognize and resolve a variety of issues which may\narise in poll sites. The state board's trainers and all certified poll\nworker instructors shall utilize industry-proven training techniques\naimed at adult learners including role-based training and hands-on\ntraining opportunities using official election day forms and poll site\nvoting systems and may further include a web-based component and\ncompanion video.\n  1-c. County boards shall enroll trainers in the program in such\nquantities to ensure that an adequate contingent of fully trained and\ncertified poll worker trainers are available to meet the training needs\nof such county. Each county board of elections shall enroll not less\nthan two persons designated by the county board on a bipartisan basis,\nin the state board of elections training institute. Certified trainers\nmust maintain their certification by attending once every two years, a\ncontinuing education program, to ensure the professionalism of the poll\nworker training agenda set by the state board of elections. Enrollees\nwho have successfully completed the state board's training program and\nbeen awarded a "certified poll worker instructor" certificate may serve\nat the county board as a trainer of poll workers as well as a trainer of\nother bi-partisan designees of the county board, however the conferring\nof the title "certified poll worker instructor" may be made only by the\nstate board of elections.\n  1-d. The state board of elections shall adopt such rules and\nregulations which may be necessary to create the training institute and\nassociated curricula provided for in subdivisions one-a, one-b and one-c\nof this section, including a process whereby attendees who successfully\ncomplete a state board-sponsored training program shall be awarded a\ncertificate conferring upon him or her, the title of "certified poll\nworker instructor".\n  2. Election inspectors, poll clerks and election coordinators shall be\ninstructed concerning, but not limited to, the following topics: the\nelection law and any relevant statutory updates, the taking of\nregistrations, the use of voting machines, disability etiquette,\naffidavit and emergency voting processes, use of electronic poll books,\nproviding assistance to voters with limited English language proficiency\nand their duties in connection therewith as soon as possible after their\ndesignation.\n  3. Election inspectors, poll clerks and election coordinators as\nrequired by this section shall, upon their original designation, and\nevery year thereafter, complete a course of instruction, and, before\ncertification, pass an examination thereon. Such examination shall be\ngiven both online and in person, provided that those participants whose\ninstructions include the use of voting machines or other matters\nrequiring specialized training may be required to pass an examination on\nsuch matters in person. The state board of elections shall supply each\nboard of elections with instructional material to be used in the\npreparation for such examinations and shall give each such board of\nelections uniform directions for the conduct of such examinations, which\nit shall be the duty of the board to follow. Every such board may\nutilize additional materials selected by it in the course of\ninstruction. No person taking such examination shall be permitted to\nknow the questions or answers in advance or be given access to the\nanswers during the examination. If such inspectors, poll clerks or\ncoordinators pass such examination, the board of elections shall certify\nthe designated election inspector, poll clerk or coordinator.\n  4. The county board of elections shall within two weeks notify those\nwho have passed the examination, that they are certified to serve.\n  5. Each board of elections shall reproduce a booklet of instructions\nfor participants prepared by the state board of elections. A copy of\nsuch booklet, or digital version, shall be given to each participant at\nthe time such participant attends the course of instruction. At least\none copy of such booklet shall be included with the supplies sent to\neach election district for each election and day of local registration.\n
N.Y. GOB Law § 5-415 — New York Code / Act GOB / Article 5 / Title 4 / Section 5-415
Certain transfers of property in pursuance of lottery, void
Status: in_force

§ 5-415. Certain transfers of property in pursuance of lottery, void.\nEvery grant, bargain, sale, conveyance, or transfer of any real estate,\nor of any goods, chattels, things in action, or any personal property,\nwhich shall hereafter be made in pursuance of any lottery, or for the\npurpose of aiding and assisting in such lottery, game or other device,\nto be determined by lot or chance is hereby declared void and of no\neffect.\n
N.Y. PBA Law § 1084 — New York Code / Act PBA / Article 5 / Title 4 / Section 1084
Agreements of the state
Status: in_force

§ 1084. Agreements of the state. The state of New York does pledge to\nand agree with the holders of the bonds that the state will not limit or\nalter the rights hereby vested in the authority to acquire, construct,\nmaintain, operate, reconstruct and improve the properties, to establish\nand collect the revenues, rates, rentals, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds, or in any way impair the rights and\nremedies of the bondholders, until the bonds, together with interest\nthereon, interest on any unpaid installments of interest, and all costs\nand expenses in connection with any action or proceeding by or on behalf\nof the bondholders, are fully met and discharged.\n
N.Y. EDN Law § 3218 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3218
Evidence of age
Status: in_force

§ 3218. Evidence of age.  1. Evidence showing that the minor is of the\nrequired age shall be presented as follows:\n  a. A duly certified transcript of a birth certificate filed according\nto law, or duly certified transcript of a record of baptism, giving the\ndate of birth; or, if not available,\n  b. A passport showing the date of birth of the minor; or, if not\navailable,\n  c. Other documentary evidence or other recorded evidence in existence\ntwo years or more, and satisfactory to the certificating officer, except\nan affidavit of age.\n  2. Certificate of age.  A person over eighteen years of age may apply\nfor a certificate of age to the superintendent of schools, the district\nsuperintendent, or to the certificating officer. Upon such application a\ncertificate of age, containing the name, date of birth, address and\nsignature of the applicant, shall be issued to him if he furnishes such\nevidence that he is over eighteen years of age as is required for the\nissuance of an employment certificate. Such a certificate of age or an\nemployment certificate previously issued for such person shall be\nconclusive evidence for an employer that the person has reached the age\ncertified to therein.\n
N.Y. PBA Law § 200 — New York Code / Act PBA / Article 2 / Title 4 / Section 200
Short title
Status: in_force

* § 200. Short title. This title may be cited as the "Bethpage Park\nAuthority Act."\n  * NB (Abolished in 1975)\n
N.Y. PBA Law § 1475-G — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-G
Construction contracts
Status: in_force

§ 1475-g. Construction contracts. 1. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts of the city, except that where the\nestimated expense of a contract does not exceed five thousand dollars,\nsuch contract may be entered into without public letting. Nothing in\nthis section shall be construed to limit the power of the authority to\ndo any construction directly by the officers, agents and employees of\nthe authority.\n  2. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and all contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n
N.Y. VAT Law § 405-D — New York Code / Act VAT / Title 4 / Article 14-A / Section 405-D
Registration period
Status: in_force

§ 405-d. Registration period. The registration period for any vehicle\nregistered pursuant to this article shall take effect and expire on\ndates determined by the commissioner after consultation with appropriate\nrepresentatives of the commercial trucking industry in New York state.\n
N.Y. RPT Law § 576 — New York Code / Act RPT / Article 5 / Title 4 / Section 576
Assessment under cooperative agreements
Status: in_force

§ 576. Assessment under cooperative agreements. 1. A person may be\nappointed to and hold the office of assessor in more than one city,\ntown, village or combination thereof pursuant to municipal cooperative\nagreements entered into in accordance with article five-g of the general\nmunicipal law or any other similar authorization of law.\n  2. The commissioner shall advise and assist localities in the\ndevelopment of plans for cooperative action.\n  3. Whenever a person is assessor of more than one city, town or\nvillage or combination thereof, the cost of travel and other actual and\nnecessary expenses incurred by such assessor in attending courses of\ntraining and education as may be required by law shall be shared by the\ncity or town or combination thereof in which he is the assessor or for\nwhich he has been appointed as assessor for the forthcoming term in\nproportion to their taxable full values unless otherwise apportioned by\nagreement between such cities and towns.\n
N.Y. RPT Law § 499-EEEE — New York Code / Act RPT / Article 4 / Title 4-C / Section 499-EEEE
Revocation of tax abatement
Status: in_force

§ 499-eeee. Revocation of tax abatement. 1. The department of finance\nshall revoke, in whole or in part, any tax abatement granted pursuant to\nthis title whenever a designated agency has determined and notified the\ndepartment of finance that:\n  (a) an applicant has failed to comply with a requirement of this title\nor any rule promulgated hereunder at any time during the compliance\nperiod, including without limitation any of the continuing requirements\nset forth in subdivision one of section four hundred ninety-nine-dddd of\nthis title;\n  (b) an eligible building has not been in compliance at any time during\nthe compliance period with a requirement of this title or any rule\npromulgated hereunder;\n  (c) the solar electric generating system or electric energy storage\nequipment for which a tax abatement was granted has at any time during\nthe compliance period failed to meet any requirement for a solar\nelectric generating system or electric energy storage equipment pursuant\nto this title or any rule promulgated hereunder;\n  (d) the solar electric generating system or electric energy storage\nequipment has become a fire or safety hazard at any time during the\ncompliance period; or\n  (e) an application, certification, report or other document submitted\nby the applicant contains a false or misleading statement as to a\nmaterial fact or omits to state any material fact necessary in order to\nmake the statement therein not false or misleading.\n  2. The department of finance may revoke, in whole or in part, any tax\nabatement granted pursuant to this title whenever it has determined that\nan applicant has failed to comply with the continuing requirement set\nforth in subdivision two of section four hundred ninety-nine-dddd of\nthis title.\n  3. Where it has been determined by a designated agency, after notice\nand an opportunity to be heard, that any of the provisions of\nsubdivision one of this section have not been complied with, such\ndesignated agency shall so notify the department of finance no later\nthan the ninetieth day after the last day of the compliance period.\n  4. An applicant shall pay, with interest, such part of any tax\nabatement received pursuant to this title that represents the period of\nnon-compliance as determined by the designated agency or the department\nof finance, as the case may be. In addition, a designated agency may\ndeclare any applicant ineligible for future tax abatement pursuant to\nthis title if any application, certification, report or other document\nsubmitted by the applicant contains a false or misleading statement as\nto a material fact or omits to state any material fact necessary in\norder to make the statement therein not false or misleading.\n
N.Y. PBA Law § 1085 — New York Code / Act PBA / Article 5 / Title 4 / Section 1085
Contracts for sale of water wholesale
Status: in_force

§ 1085. Contracts for sale of water wholesale. Any municipality is\nhereby authorized to contract with the authority for the purchase of\nwater from the authority at wholesale for a period not exceeding thirty\nyears except that, in the case of a fire protection district or a fire\nalarm district such period shall not exceed five years, and in the case\nof a fire district, such period shall not exceed ten years. Such\ncontract shall provide that the liability of such purchaser for the\npayment of any sums pursuant to such contract shall arise only at such\ntime as such water has been actually delivered to such purchaser. Such\ncontract shall state the rates, fees or charges to be paid for such\nwater, shall provide for the adjustment thereof either by increase or\ndecrease from time to time by mutual agreement of the parties thereto,\nsubject however to any provisions contained in any resolution of the\nauthority authorizing obligations relating to the imposition of rates,\nfees or charges and the revision or adjustment thereof. Prior to the\nexecution of such contract the governing board of any such purchaser\nshall call a public hearing to consider the subject matter and the\ndesirability of the execution of the proposed contract and shall publish\nnotice thereof in a newspaper of general circulation in the territorial\nboundaries of such purchaser, at least once and not less than fifteen\ndays before the date of such public hearing. Such notice shall briefly\nstate the terms of the proposed contract, the date and place of the\npublic hearing and further state that at such time and place the\ngoverning board will hear all persons interested. If after considering\nthe evidence adduced at such hearing, such governing body shall conclude\nthat the execution of such contract is in the public interest it may\nauthorize the execution thereof by the adoption of a resolution to such\neffect.\n
N.Y. ELN Law § 3-400 — New York Code / Act ELN / Article 3 / Title 4 / Section 3-400
Election inspectors and poll clerks; provision for
Status: in_force

§ 3-400. Election inspectors and poll clerks; provision for. 1. There\nshall be for each election district of the state four election\ninspectors.\n  2. At every general election in each election district where two\nvoting machines are used, there shall be two clerks in addition to the\nfour inspectors of election, except that in an election district located\nin a town, where one voting machine is used, the town board may direct\nthe board of elections to appoint not more than two clerks in such\ndistrict if in the discretion of such board the service of such clerk or\nclerks is reasonably necessary for the proper conduct of the election.\nIn each election district where paper ballots, in addition to one voting\nmachine, are used at a general election, there shall be two clerks in\naddition to the four inspectors of election. In each election district\nwhere paper ballots, in addition to more than one voting machine are\nused at a general election there shall be four clerks in addition to the\nfour inspectors. The duties of such clerks shall be such as shall be\nprescribed by the board of elections and they shall serve at the general\nelection only. When deemed necessary in any election or primary, the\nboard of election may require additional poll clerks to be designated in\nany election district.\n  3. Appointments to the offices of election inspector or poll clerk in\neach election district, shall be equally divided between the major\npolitical parties.\n  4. Before entering on their duties, the election inspectors of each\nelection district outside the city of New York shall appoint one of\ntheir number chairman, to serve as such during his term of office. If a\nmajority shall not agree upon such an appointment, they shall draw lots\nfor that position.\n  5. In the city of New York in each odd numbered election district a\nchairman shall be designated who shall be an inspector named by the\npolitical party which polled the highest number of votes for governor at\nthe last preceding election for such officer and in each even numbered\nelection district a chairman shall be designated who shall be an\ninspector named by the political party which polled the second highest\nnumber of votes for governor at the last preceding election for such\nofficer.\n  6. No person shall be certified or act as an election inspector or\npoll clerk who is not a registered voter (unless such person is duly\nqualified under subdivision eight of this section) and a resident of the\ncounty in which he or she serves, or within the city of New York, of\nsuch city, who holds any elective public office, or who is a candidate\nfor any public office to be voted for by the voters of the district in\nwhich he or she is to serve, or the spouse, parent, or child of such a\ncandidate, or who is not able to speak and read the English language and\nwrite it legibly.\n  7. The board of elections may employ election inspectors or poll\nclerks to work split shifts with adjusted compensation, provided,\nhowever, that at least one election inspector and one poll clerk from\neach of the two major political parties is present at the poll site for\nthe entire time that the polls are open. Each county board of elections\nshall prescribe the necessary rules and procedures to ensure proper poll\nsite operation.\n  8. A person seventeen years of age who is enrolled in a school\ndistrict and fulfilling the requirements of section thirty-two hundred\nseven-a of the education law shall be eligible to be appointed as, and\nto perform the duties of, an election inspector or poll clerk as\nprovided in this chapter.\n  9. Notwithstanding any inconsistent provisions of this article,\nelection inspectors or poll clerks, if any, at polling places for early\nvoting, shall consist of either board of elections employees who shall\nbe appointed by the commissioners of such board or duly qualified\nindividuals, appointed in the manner set forth in this section.\nAppointments to the offices of election inspector or poll clerk in each\npolling place for early voting shall be equally divided between the\nmajor political parties. The board of elections shall assign staff and\nprovide resources to ensure a voter's wait time to vote at an early\nvoting site shall not exceed thirty minutes.\n
N.Y. RPT Law § 499-HH — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-HH
Confidentiality
Status: in_force

§ 499-hh. Confidentiality.  1. Except in accordance with a proper\njudicial order or as otherwise provided by law, it shall be unlawful for\nthe commissioner of finance, any officer or employee of the department\nof finance, the president or a commissioner or employee of the tax\ncommission, any person engaged or retained by such department or such\ncommission on an independent contract basis, or any person who, pursuant\nto this title, is permitted to inspect any information submitted by an\napplicant to the department of finance pursuant to this title or to whom\na copy, an abstract or a portion of any such information is furnished,\nto divulge or make known in any manner any such information to any\nperson not authorized pursuant to this title to inspect such\ninformation. The officers charged with custody of such information shall\nnot be required to produce any of it or evidence of anything contained\nin it in any action or proceeding in any court except on behalf of the\ncommissioner of finance in an action or proceeding under the provisions\nof this title, or on behalf of any party to any action or proceeding\nunder the provisions of this title when such information or facts shown\nthereby are directly involved in such action or proceeding, in either of\nwhich events the court may require the production of, and may admit in\nevidence so much of such information or of the facts shown thereby, as\nare pertinent to the action or proceeding and no more. Nothing herein\nshall be construed to prohibit the inspection by the legal\nrepresentatives of the department of finance or the tax commission of\nsuch information submitted by any applicant who shall bring an action to\ncorrect an assessment. Nothing herein shall be construed to prohibit the\ndelivery to an applicant or the applicant's duly authorized\nrepresentative of a certified copy of any information submitted by an\napplicant to the department of finance pursuant to this title; or to any\nagency or any department of any city having a population of one million\nor more provided the same is requested for official business; nor to\nprohibit the inspection for official business of such information by the\ncorporation counsel or other legal representatives of a city having a\npopulation of one million or more or by the district attorney of any\ncounty within such city; nor to prohibit the publication of statistics\nso classified as to prevent the identification of such information or\nparticular items thereof. Information submitted by an applicant to the\ndepartment of finance pursuant to this title shall not be subject to\ndisclosure pursuant to article six of the public officers law.\n  2. Any violation of the provisions of subdivision one of this section\nshall be punished by a fine not exceeding one thousand dollars or by\nimprisonment not exceeding one year, or both, at the discretion of the\ncourt, and if the offender be an officer or employee of the department\nof finance or of the tax commission, the offender shall be dismissed\nfrom office.\n
N.Y. PBH Law § 2141 — New York Code / Act PBH / Article 21 / Title 4 / Section 2141
Compulsory vaccination
Status: in_force

§ 2141. Compulsory vaccination. 1. Every dog, cat and domesticated\nferret shall be actively immunized against rabies in accordance with\nregulations promulgated by the commissioner. Every dog, cat and\ndomesticated ferret shall have all initial vaccinations administered no\nlater than four months after birth. Every dog, cat and domesticated\nferret shall have a second vaccination within one year of the first.\nTerms of subsequent vaccine administration and duration of immunity must\nbe in compliance with USDA licenses of vaccines used. The veterinarian\nimmunizing or supervising any person authorized by law to immunize such\nanimal shall provide the owner with a certificate of immunization\nconsistent with the requirements of section one hundred nine of the\nagriculture and markets law. The veterinarian immunizing or supervising\nany person authorized by law to immunize such animal shall provide any\npublic health official with the certificate of immunization in any case\ninvolving a dog, cat or domesticated ferret which has been or may have\nbeen exposed to rabies or in any case of possible exposure of a person\nor another animal to rabies.\n  2. Subdivision one of this section shall not apply to any feral animal\nor any dog, cat or domesticated ferret:\n  (a) that is transported through the state and remains in the state\nfifteen days or fewer;\n  (b) confined to the premises of an incorporated society devoted to the\ncare of lost, stray or homeless animals;\n  (c) for which vaccination against rabies would adversely affect the\nanimal's health, as determined by a licensed veterinarian; or\n  (d) confined for the purposes of research to the premises of a college\nor other educational or research institution.\n  3. (a) Every veterinarian providing treatment to a dog, cat or\ndomesticated ferret shall verify, in accordance with standards\nestablished by the commissioner, if such animal is actively immunized\nagainst rabies or is exempt under subdivision two of this section. If\nactive immunization or exemption cannot be verified, the veterinarian\nshall immunize the animal at the owner's request.\n  (b) If the animal is exempt from the provisions of subdivision one of\nthis section, pursuant to paragraph (c) of subdivision two of this\nsection, the veterinarian shall provide the owner of the dog, cat or\ndomesticated ferret with a certified statement verifying that the animal\nis exempt from immunization because the immunization would adversely\naffect the health of the animal, and verifying the nature and duration\nof such exemption. The certified statement shall be in a form prescribed\nby the commissioner and shall be consistent with the requirements of\nsection one hundred nine of the agriculture and markets law. Medical\nexemptions are to be renewed on an annual basis.\n  4. The owning of a dog, cat or domesticated ferret by any person in\nviolation of subdivision one of this section shall constitute a\nviolation, and shall be subject to a fine not to exceed two hundred\ndollars for each offense.\n
N.Y. EDN Law § 3303 — New York Code / Act EDN / Title 4 / Article 66 / Section 3303
Applicability
Status: in_force

§ 3303. Applicability. 1. Except as otherwise provided in subdivision\ntwo of this section, this compact shall apply to the children of:\n  (a) active duty members of the uniformed services as defined in this\ncompact, including members of the National Guard and Reserve on active\nduty orders pursuant to 10 U.S.C. sections 1209 and 1211;\n  (b) members or veterans of the uniformed services who are severely\ninjured and medically discharged or retired for a period of one year\nafter medical discharge or retirement; and\n  (c) members of the uniformed services who die on active duty or as a\nresult of injuries sustained on active duty for a period of one year\nafter death.\n  2. The provisions of this interstate compact shall only apply to local\neducational agencies as defined in this compact.\n  3. The provisions of this compact shall not apply to the children of:\n  (a) inactive members of the national guard and military reserves;\n  (b) members of the uniformed services now retired, except as provided\nin subdivision one of this section;\n  (c) veterans of the uniformed services, except as provided in\nsubdivision one of this section; and\n  (d) other United States department of defense personnel and other\nfederal agency civilian and contract employees not defined as active\nduty members of the uniformed services.\n
N.Y. PBH Law § 3343-A — New York Code / Act PBH / Article 33 / Title 4 / Section 3343-A
Prescription monitoring program registry
Status: in_force

§ 3343-a. Prescription monitoring program registry. 1. Establishment\nof system. (a) The commissioner shall, in accordance with the provisions\nof this section, establish and maintain an electronic system for\ncollecting, monitoring and reporting information concerning the\nprescribing and dispensing of controlled substances, to be known as the\nprescription monitoring program registry. The registry shall include\ninformation reported by pharmacies on a real time basis, as set forth in\nsubdivision four of section thirty-three hundred thirty-three of this\narticle.\n  (b) The registry shall include, for each person to whom a prescription\nfor controlled substances has been dispensed, all patient-specific\ninformation covering such period of time as is deemed appropriate and\nfeasible by the commissioner, but no less than six months and no more\nthan five years. Such patient-specific information shall be obtained\nfrom the prescription information reported by pharmacies pursuant to\nsubdivision four of section thirty-three hundred thirty-three of this\narticle and by practitioners who dispense pursuant to subdivision six of\nsection thirty-three hundred thirty-one of this article, and shall be\nprocessed and included in the registry by the department without undue\ndelay. For purposes of this article, "patient-specific information"\nmeans information pertaining to individual patients included in the\nregistry, which shall include the following information and such other\ninformation as is required by the department in regulation:\n  (i) the patient's name;\n  (ii) the patient's residential address;\n  (iii) the patient's date of birth;\n  (iv) the patient's gender;\n  (v) the date on which the prescription was issued;\n  (vi) the date on which the controlled substance was dispensed;\n  (vii) the metric quantity of the controlled substance dispensed;\n  (viii) the number of days supply of the controlled substance\ndispensed;\n  (ix) the name of the prescriber;\n  (x) the prescriber's identification number, as assigned by the drug\nenforcement administration;\n  (xi) the name or identifier of the drug that was dispensed; and\n  (xii) the payment method.\n  (c) The registry shall be secure, easily accessible by practitioners\nand pharmacists, and compatible with the electronic transmission of\nprescriptions for controlled substances, as required by section two\nhundred eighty-one of this chapter, and section sixty-eight hundred ten\nof the education law, and any regulations promulgated pursuant thereto.\nTo the extent practicable, implementation of the electronic transmission\nof prescriptions for controlled substances shall serve to streamline\nconsultation of the registry by practitioners and reporting of\nprescription information by pharmacists. The registry shall be\ninteroperable with other similar registries operated by federal or state\ngovernments, to the extent deemed appropriate by the commissioner, and\nsubject to the provisions of section thirty-three hundred seventy-one-a\nof this article.\n  (d) The department shall establish and implement such protocols as are\nreasonably necessary to ensure that information contained in the\nregistry is maintained in a secure and confidential manner and is\naccessible only by practitioners, pharmacists or their designees for the\npurposes established in subdivisions two and three of this section, or\nas otherwise set forth in sections thirty-three hundred seventy-one and\nthirty-three hundred seventy-one-a of this article. Such protocols shall\ninclude a mechanism for the department to monitor and record access to\nthe registry, which shall identify the authorized individual accessing\nand each controlled substance history accessed.\n  2. Duty to consult prescription monitoring program registry;\npractitioners. (a) Every practitioner shall consult the prescription\nmonitoring program registry prior to prescribing or dispensing any\ncontrolled substance listed on schedule II, III or IV of section\nthirty-three hundred six of this article, for the purpose of reviewing a\npatient's controlled substance history as set forth in such registry;\nprovided, however, that nothing in this section shall preclude an\nauthorized practitioner, other than a veterinarian, from consulting the\nregistry at his or her option prior to prescribing or dispensing any\ncontrolled substance. The duty to consult the registry shall not apply\nto:\n  (i) veterinarians;\n  (ii) a practitioner dispensing pursuant to subdivision four of section\nthirty-three hundred fifty-one of this article;\n  (iii) a practitioner administering a controlled substance;\n  (iv) a practitioner prescribing or ordering a controlled substance for\nuse on the premises of an institutional dispenser pursuant to section\nthirty-three hundred forty-two of this title;\n  (v) a practitioner prescribing a controlled substance in the emergency\ndepartment of a general hospital, provided that the quantity of\ncontrolled substance prescribed does not exceed a five day supply if the\ncontrolled substance were used in accordance with the directions for\nuse;\n  (vi) a practitioner prescribing a controlled substance to a patient\nunder the care of a hospice, as defined by section four thousand two of\nthis chapter;\n  (vii) a practitioner when:\n  (A) it is not reasonably possible for the practitioner to access the\nregistry in a timely manner;\n  (B) no other practitioner or designee authorized to access the\nregistry, pursuant to paragraph (b) of this subdivision, is reasonably\navailable; and\n  (C) the quantity of controlled substance prescribed does not exceed a\nfive day supply if the controlled substance were used in accordance with\nthe directions for use;\n  (viii) a practitioner acting in compliance with regulations that may\nbe promulgated by the commissioner as to circumstances under which\nconsultation of the registry would result in a patient's inability to\nobtain a prescription in a timely manner, thereby adversely impacting\nthe medical condition of such patient;\n  (ix) a situation where the registry is not operational as determined\nby the department or where it cannot be accessed by the practitioner due\nto a temporary technological or electrical failure, as set forth in\nregulation; or\n  (x) a practitioner who has been granted a waiver due to technological\nlimitations that are not reasonably within the control of the\npractitioner, or other exceptional circumstance demonstrated by the\npractitioner, pursuant to a process established in regulation, and in\nthe discretion of the commissioner.\n  (b) For purposes of this section, a practitioner may authorize a\ndesignee to consult the prescription monitoring program registry on his\nor her behalf, provided that: (i) the designee so authorized is employed\nby the same professional practice or is under contract with such\npractice; (ii) the practitioner takes reasonable steps to ensure that\nsuch designee is sufficiently competent in the use of the registry;\n(iii) the practitioner remains responsible for ensuring that access to\nthe registry by the designee is limited to authorized purposes and\noccurs in a manner that protects the confidentiality of the information\nobtained from the registry, and remains responsible for any breach of\nconfidentiality; and (iv) the ultimate decision as to whether or not to\nprescribe or dispense a controlled substance remains with the\npractitioner and is reasonably informed by the relevant controlled\nsubstance history information obtained from the registry. The\ncommissioner shall establish in regulation reasonable parameters with\nregard to a practitioner's ability to authorize designees pursuant to\nthis section, which shall include processes necessary to allow the\ndepartment to: (A) grant access to the registry in a reasonably prompt\nmanner to as many designees as are authorized by practitioners, up to\nthe number deemed appropriate by the commissioner for particular\nprofessional practices or types of practices, taking into account the\nneed to maintain security of the registry and the patient-specific\ninformation maintained therein, and the objective of minimizing burdens\nto practitioners to the extent practicable; (B) require that\npractitioners notify the department upon terminating the authorization\nof any designee; and (C) establish a mechanism to prevent such\nterminated designees from accessing the registry in a reasonably prompt\nmanner following such notification.\n  3. Authority to consult prescription monitoring program registry;\npharmacists. (a) A pharmacist may consult the prescription monitoring\nprogram registry in order to review the controlled substance history of\nan individual for whom one or more prescriptions for controlled\nsubstances is presented to such pharmacist.\n  (b) For purposes of this section, a pharmacist may designate another\npharmacist, a pharmacy intern, as defined by section sixty-eight hundred\nsix of the education law, or other individual as may be permitted by the\ncommissioner in regulation, to consult the prescription monitoring\nprogram registry on the pharmacist's behalf, provided that such designee\nis employed by the same pharmacy or is under contract with such\npharmacy. The commissioner shall establish in regulation reasonable\nparameters with regard to a pharmacist's ability to authorize designees\npursuant to this section, which shall include processes necessary to\nallow the department to: (A) grant access to the registry in a\nreasonably prompt manner to as many designees as are authorized by\npharmacists, up to the number deemed appropriate by the commissioner for\nparticular pharmacies, taking into account the need to maintain security\nof the registry and the patient-specific information maintained therein,\nand the objective of minimizing burdens to pharmacists to the extent\npracticable; (B) require that pharmacists notify the department upon\nterminating the authorization of any designee; and (C) establish a\nmechanism to prevent such terminated designees from accessing the\nregistry in a reasonably prompt manner following such notification.\n  4. Immunity. No practitioner or pharmacist, and no person acting on\nbehalf of such practitioner or pharmacist as permitted under this\nsection, acting with reasonable care and in good faith shall be subject\nto civil liability arising from any false, incomplete or inaccurate\ninformation submitted to or reported by the registry or for any\nresulting failure of the system to accurately or timely report such\ninformation; provided, however, that nothing in this subdivision shall\nbe deemed to alter the obligation to submit or report prescription\ninformation to the department as otherwise set forth in this article or\nin regulations promulgated pursuant thereto.\n  5. Guidance to practitioners and pharmacists. The commissioner shall,\nin consultation with the commissioner of education, provide guidance to\npractitioners, pharmacists, and pharmacies regarding the purposes and\nuses of the registry established by this section and the means by which\npractitioners and pharmacists can access the registry. Such guidance\nshall reference educational information available pursuant to the\nprescription pain medication awareness program established pursuant to\nsection thirty-three hundred nine-a of this article.\n  6. Individual access to controlled substance histories. The\ncommissioner shall establish procedures by which an individual may: (a)\nrequest and obtain his or her own controlled substances history\nconsisting of patient-specific information or, in appropriate\ncircumstances, that of a patient who lacks capacity to make health care\ndecisions and for whom the individual has legal authority to make such\ndecisions and would have legal access to the patient's health care\nrecords; or (b) seek review of any part of his or her controlled\nsubstances history or, in appropriate circumstances, that of a patient\nwho lacks capacity to make health care decisions and for whom the\nindividual has legal authority to make such decisions and would have\nlegal access to the patient's health care records, that such individual\ndisputes. Such procedures shall require the department to promptly\nrevise any information accessible through the registry that the\ndepartment determines to be inaccurate. Such procedures shall be\ndescribed on the department's website and included with the controlled\nsubstances history provided to an individual pursuant to a request made\nunder this subdivision or under subparagraph (iv) of paragraph (a) of\nsubdivision two of section thirty-three hundred seventy-one of this\narticle.\n  7. Department analysis of data. The department shall periodically\nanalyze data contained in the prescription monitoring program registry\nto identify information that indicates that a violation of law or breach\nof professional standards may have occurred and, as warranted, provide\nany relevant information to appropriate entities as permitted under\nsection thirty-three hundred seventy-one of this article. The department\nshall keep a record of the information provided, including, but not\nlimited to, the specific information provided and the agency to which\nsuch information was provided, including the name and title of the\nperson to whom such information was provided and an attestation from\nsuch person that he or she has authority to receive such information.\n  8. Funding the prescription monitoring program registry. (a) The\ncommissioner shall make reasonable efforts to apply for monies available\nfrom the federal government and other institutions, to the extent deemed\nappropriate by the commissioner, and use any monies so obtained to\nsupplement any other monies made available for the purposes of this\ntitle.\n  (b) Operation of the registry established by this section shall not be\nfunded, in whole or in part, by fees imposed specifically for such\npurposes upon practitioners, pharmacists, designees or patients subject\nto this section.\n  9. Rules and regulations. The commissioner shall promulgate such rules\nand regulations as are necessary to effectuate the provisions of this\nsection, in consultation with the work group established pursuant to\nsubdivision three of section thirty-three hundred nine-a of this\narticle.\n
N.Y. VAT Law § 404-EE*2 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-EE*2
Distinctive Down's syndrome awareness license plates
Status: in_force

* § 404-ee. Distinctive Down's syndrome awareness license plates. 1.\nAny person residing in this state shall, upon request, be issued a\ndistinctive license plate in support of Down's syndrome awareness and\nresearch bearing the phrase "Down's Syndrome Awareness" and any other\nphrases and design approved by the commissioner. Application for said\nlicense plate shall be filed with the commissioner in such form and\ndetail as the commissioner shall prescribe.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon the payment of the\nregular registration fee prescribed by section four hundred one of this\narticle; provided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plates.\n  3. Each twenty-five dollars received as the annual service charge\nunder this section shall be deposited to the credit of the "Down's\nsyndrome research fund" established pursuant to section ninety-nine-ee\nof the state finance law and shall be used for research undertaken\npursuant to section ninety-nine-ee of the state finance law.\n  * NB There are 4 § 404-ee's\n
N.Y. DOM Law § 78-A — New York Code / Act DOM / Article 5-A / Title 4 / Section 78-A
Severability clause
Status: in_force

§ 78-a. Severability clause. If any provision of this article or its\napplication to any person or circumstance is held invalid, the\ninvalidity does not affect other provisions or applications of this\narticle which can be given effect without the invalid provision or\napplication, and to this end the provisions of this article are\nseverable.\n
N.Y. VAT Law § 416-A — New York Code / Act VAT / Title 4 / Article 16 / Section 416-A
Bumper quality label requirements
Status: in_force

§ 416-a. Bumper quality label requirements. 1. It shall be unlawful\nafter January first, nineteen hundred ninety-three for any manufacturer\nto sell or lease or to offer to sell or lease in this state for the\npurpose of registration in this state any new passenger type motor\nvehicle manufactured or assembled after said date designated as a\nnineteen hundred ninety-three or subsequent model, except omnibus and\nmultipurpose passenger vehicles, unless such vehicle has affixed thereto\na bumper quality label, placed conspicuously upon that window or\nwindshield where the manufacturer's suggested retail price sticker has\nbeen posted. The commissioner shall determine the size, type legibility\nand placement of such label. Such label shall include the following\ninformation: "This vehicle is equipped with a front bumper that has been\ntested at an impact speed of (specified by vehicle manufacturer) _____\nmiles per hour and a rear bumper that has been tested at an impact speed\nof (specified by the vehicle manufacturer) _______ miles per hour, and\nhas sustained no damage to the vehicle's body and minimal damage to the\nbumper and attachment hardware. Minimal damage to the bumper means\ndamage that can be repaired with the use of a common repair materials\nand without replacing any parts. The stronger the bumper, the less\nlikely the car will require repair after a low-speed collision."\n  2. The impact speed required to be specified in the notice pursuant to\nsubdivision one of this section is the maximum speed of impact upon the\nbumper of the vehicle at which the vehicle sustains no damage to the\nbody and safety systems and only minimal damage to the bumper when\nsubjected to the fixed barrier and pendulum impact tests, and when\nsubjected to the corner impact test at not less than sixty percent of\nthat maximum speed, conducted pursuant to the practices, procedures and\nregulations promulgated under the concurrent authority of the Federal\nMotor Vehicle Information and Cost Savings Act (Cost Savings Act)(15\nU.S.C. 1901 et seq.) and the National Traffic and Motor Vehicle Safety\nAct (15 U.S.C. 1381, et seq.)\n  3. For purposes of this section, "no damage" means that, when a\npassenger vehicle is subjected to applicable impact testing practices\nand procedures, the exterior surfaces shall have no separations of\nsurface materials, paint, polymeric coatings or other covering materials\nfrom the surface to which they are bonded, and no permanent deviations\nfrom their original contours thirty minutes after completion of each\npendulum and barrier impact test, except where such damage occurs to the\nbumper face bar and the components and associated fasteners that\ndirectly attach the bumper face bar to the chassis frame. There shall be\nno breakage or release of fasteners or joints except as described above.\n  4. Any manufacturer who violates subdivision one of this section,\nwithout just cause, shall be subject to a civil fine of not more than\nfifty dollars per vehicle with respect to which there has been a\nviolation of this section.  Civil penalties so assessed may not be\ndeducted as an expense from any tax liability due to any local or state\ntax jurisdiction.\n
N.Y. PBH Law § 4140 — New York Code / Act PBH / Article 41 / Title 4 / Section 4140
Deaths; registration
Status: in_force

§ 4140. Deaths; registration. 1. The death of each person who has died\nin this state shall be registered immediately and not later than\nseventy-two hours after death or the finding of a dead human body, by\nfiling with the registrar of the district in which the death occurred or\nthe body was found a certificate of such death, in a manner and format\nas prescribed by the commissioner, which shall include through\nelectronic means in accordance with section forty-one hundred\nforty-eight of this title.\n  2. If the certificate of death is properly executed and complete, the\nregistrar of the district in which the death occurred shall then issue a\nburial or removal permit to the funeral director or undertaker. In case\nthe death occurred from a disease which is designated in the sanitary\ncode as a communicable disease, no permit for the removal or other\ndisposition of the body shall be issued by the registrar, except to a\nfuneral director or undertaker licensed in accordance with the\nprovisions of this chapter, under such conditions as may be prescribed\nin the sanitary code.\n  3. The commissioner and the department of health of the city of New\nYork shall deliver to the state board of elections, at least monthly,\nrecords in a format as mutually determined by both agencies, of the\nnames of all persons of voting age for whom death certificates were\nissued. Such records shall be arranged by county of residence and shall\ninclude the name, residence address and birth date of each such person.\n
N.Y. ELN Law § 8-414 — New York Code / Act ELN / Article 8 / Title 4 / Section 8-414
Online absentee ballot tracking system
Status: in_force

§ 8-414. Online absentee ballot tracking system. 1. The state board of\nelections shall establish and maintain an electronic absentee ballot\ntracking system. In accordance with technical specifications provided by\nthe state board of elections, each local board of elections shall\nmaintain an absentee ballot tracking system integrated with the state\nboard's system, and which may be integrated with the United States\npostal service tracking system, to allow a voter who has submitted an\napplication for an absentee ballot to track the status of an absentee\napplication and an absentee ballot on the state board or local board\nwebsite.\n  2. Such website shall not require users to create an account but shall\nrequire verification that the user is accessing his or her own record\nthrough the inclusion of data identifying the voter and the board of\nelections at which the voter is registered, and any other information\nrequired by the state board of elections.\n  3. The ballot tracking system shall indicate to the voter if the\nboard:\n  (a) received such voter's application for an absentee ballot;\n  (b) approved or rejected such application and, if rejected, an\nindication of the reason for such rejection;\n  (c) mailed or delivered an absentee ballot to such voter, the date of\nsuch mailing or delivery, and the expected date of receipt;\n  (d) received the ballot back as undeliverable;\n  (e) received such voter's completed absentee ballot;\n  (f) determined the ballot envelope was subject to a cure; and\n  (g) counted or rejected such voter's completed absentee ballot and, if\nrejected, a brief statement of the reason for rejection.\n
N.Y. VAT Law § 404-V — New York Code / Act VAT / Title 4 / Article 14 / Section 404-V
Distinctive plates for water rescue team members
Status: in_force

* § 404-v. Distinctive plates for water rescue team members. 1. Any\nmember of a water rescue team shall, upon request, be issued a license\nplate bearing the emblem and words "New York State" on the top of the\nlicense plate and "Water Rescue" on the bottom of the license plate. A\ndive flag shall be included on the face of the distinctive plate.\nApplication for said license plate shall be filed with the commissioner\nin such form and detail as the commissioner shall prescribe and shall be\nverified annually by the applicant.\n  2. The distinctive plate authorized in subdivision one of this section\nshall be issued upon proof, satisfactory to the commissioner, that the\napplicant is presently an active member of a water rescue team and shall\nbe surrendered upon the separation from a water rescue team.\n  3. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article,\nprovided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plate. Such annual service\ncharge shall be deposited to the credit of the New York state water\nrescue team awareness and research fund established pursuant to section\nninety-five-f of the state finance law and shall be used for water team\nrescue awareness and research projects approved by the office of parks,\nrecreation and historic preservation. Provided, however, that one year\nafter the effective date of this section funds in the amount of five\nthousand dollars, or so much thereof as may be available, shall be\nallocated to the department to offset costs associated with the\nproduction of such license plates.\n  * NB There are 7 § 404-v's\n
N.Y. PBA Law § 2875-A — New York Code / Act PBA / Article 9 / Title 4 / Section 2875-A
Definitions
Status: in_force

§ 2875-a. Definitions. As used in this article, the following terms\nshall have the following meanings unless otherwise specified:\n  1. "Construction item" means any such item or material used in\nconstruction and which is procured directly by the public authority or\noffice or any such item or material commonly used in construction which\nis procured by a person, other than a municipality, under contract with\nthe public authority or office.\n  2. "Office" means the office of general services.\n  3. "Practicable" means capable of being used without violating the\nfollowing criteria: performance, availability at a reasonable price,\navailability within a reasonable period of time and maintenance of a\nsatisfactory level of competition.\n  4. "Product" means any material, supply, equipment or construction\nitem or other item whether real or personal property which is the\nsubject of any purchase, barter, or other exchange made to procure such\nproduct.\n  5. "Secondary materials" means any material recovered from or\notherwise destined for the waste stream, including but not limited to,\npost-consumer material, industrial scrap material, and overstock or\nobsolete inventories from distributors, wholesalers and other companies\nas defined in rules and regulations promulgated by the commissioner of\ngeneral services but such term does not include those materials and\nbyproducts generated from, and commonly reused within an original\nmanufacturing process.\n  6. "Specification" means any description of the physical or functional\ncharacteristics, or of the nature of a material, supply, equipment or\nconstruction item. It may include a description of any requirement for\ninspecting, testing or preparing a material, supply, equipment or\nconstruction item for delivery.\n
N.Y. PBH Law § 3341 — New York Code / Act PBH / Article 33 / Title 4 / Section 3341
Institutional dispensers certificates of approval
Status: in_force

§ 3341. Institutional dispensers certificates of approval.  1. No\ninstitutional dispenser as herein before defined, shall receive, possess\nor cause controlled substances to be administered or dispensed without\nfirst having been issued a certificate of approval authorizing such\nactivity by the commissioner.\n  2. Upon application of an institutional dispenser for a certificate of\napproval, the commissioner shall issue such certificate if he is\nsatisfied that:\n  (a) the applicant and its managing officers are of good moral\ncharacter;\n  (b) the applicant possesses the necessary land, building,\nparaphernalia and staff to properly carry on the activities described in\nthe application;\n  (c) the applicant will be able to maintain effective control against\ndiversion of controlled substances; and\n  (d) the applicant will be able to comply with all applicable state and\nfederal laws.\n  3. Institutional dispensers to whom such certificates have been issued\nshall thereafter register biennially with the department. The fee for\nsuch certificate and for each biennial registration shall be one hundred\ndollars.\n  4. Certificates and registrations issued under this section shall be\neffective only for and shall specify:\n  (a) the name and address of the institutional dispenser;\n  (b) the nature of the controlled substance, or substances, either by\nname or schedule, or both, for which the certificate or registration is\nissued.\n
N.Y. PBA Law § 1087 — New York Code / Act PBA / Article 5 / Title 4 / Section 1087
Interest in contracts prohibited
Status: in_force

§ 1087. Interest in contracts prohibited. It shall be a misdemeanor\nfor any of the members of the authority, or any officer, agent, servant\nor employee thereof, employed or appointed by them to be in any way or\nmanner interested directly or indirectly in the furnishing of work,\nmaterials, supplies or labor, or in any contract therefor which the\nauthority is empowered by this title to make.\n
N.Y. LFN Law § 53.00 — New York Code / Act LFN / Article 2 / Title 4 / Section 53.00
Obligations redeemable prior to maturity
Status: in_force

§ 53.00 Obligations redeemable prior to maturity. a. The agency\nprescribing the terms, form and contents of bonds may reserve to itself\nthe power to call in and redeem such bonds prior to the date of their\nmaturity. Such power may be exercised upon the giving of notice of such\ncall for redemption by publication at least three times in a financial\nnewspaper published and circulated in the city of New York and in the\nofficial newspaper or newspapers of the municipality, school district or\ndistrict corporation, or, if there be no official newspaper, then in any\nnewspaper having general circulation therein which the agency shall\ndesignate for such purpose, the first publication to be at least thirty\ndays prior to the date set for such redemption or, in the case of\nregistered bonds, by mailing or transmitting such notice to the\nregistered holder at least thirty days prior to such date. The agency\nprescribing the terms, form and contents of notes may reserve to itself\nthe power to call in and redeem such notes prior to the date of their\nmaturity upon the giving of such notices as it shall prescribe.\n  b. If such bonds or notes are payable in installments, the\ninstallments remaining unpaid may be called for redemption only (i) in\nthe inverse order of their maturity or, (ii) in equal proportionate\namounts; provided, however, that for bonds issued during the one-year\nperiod commencing July first, nineteen hundred eighty-eight, and for\nbonds issued during the one-year period commencing July first, nineteen\nhundred eighty-nine, and for bonds issued during the one-year period\ncommencing July first, nineteen hundred ninety, and for bonds issued\nduring the three-year period commencing July first, nineteen hundred\nninety-one, and for bonds issued during the period from July first,\nnineteen hundred ninety-four up until and including July fifteenth,\nnineteen hundred ninety-seven and for bonds issued during the period\nfrom July fifteenth, nineteen hundred ninety-seven up until and\nincluding July fifteenth, two thousand, and for bonds issued during the\nperiod from July fifteenth, two thousand up until and including July\nfifteenth, two thousand three, and for bonds issued during the period\nfrom July fifteenth, two thousand three up until and including July\nfifteenth, two thousand six, and for bonds issued during the period from\nJuly fifteenth, two thousand six up until and including July fifteenth,\ntwo thousand nine, and for bonds issued during the period from July\nfifteenth, two thousand six up until and including July fifteenth, two\nthousand twelve, and for bonds issued during the period from July\nfifteenth, two thousand nine up until and including July fifteenth, two\nthousand fifteen, and for bonds issued during the period from July\nfifteenth, two thousand fifteen up until and including July fifteenth,\ntwo thousand eighteen, and for bonds issued during the period from July\nfifteenth, two thousand eighteen up until and including July fifteenth,\ntwo thousand twenty-one, and for bonds issued during the period from\nJuly fifteenth, two thousand twenty-one up until and including July\nfifteenth, two thousand twenty-four, and for bonds issued during the\nperiod from July fifteenth, two thousand twenty-four up until and\nincluding July fifteenth, two thousand twenty-seven, installments\nremaining unpaid on such bonds may be called for redemption prior to\ntheir date of maturity in such amounts, at such times in such manner and\npursuant to such terms as may be determined by the finance board of a\nmunicipality, school district or district corporation at the time of the\nissuance thereof. Whenever any bonds or notes are called for redemption\nprior to the date of their maturity, interest shall cease to be paid\nthereon after the date for redemption set forth in such call for\nredemption. The sum to be paid to redeem any unpaid installment prior to\nits maturity, exclusive of the interest accruing on such installment to\nthe date of redemption, shall in no event be in excess of the lesser\namount of either (i) the par value of such installment plus one-half of\none per centum of such par value for each calendar year or part thereof\nelapsing between the date for redemption set forth in such call for\nredemption and the date of maturity of such installment, provided,\nhowever, that such amount shall not exceed one hundred five per centum\nof such par value, or (ii) the par value of such installment plus the\ntotal of all unpaid interest on such installment which would have\naccrued from the date of redemption to the date of maturity thereof had\nsuch installment not been redeemed prior to maturity, except that bonds\nsold to the state of New York municipal bond bank agency, which are\nsubject to call as hereinbefore authorized, may provide for the payment\nof a redemption premium not to exceed five per centum of the par value\nof the bonds to be called, payable on the date of the redemption\nthereof; provided, however, that for bonds issued during the one-year\nperiod commencing July first, nineteen hundred eighty-eight, and for\nbonds issued during the one-year period commencing July first, nineteen\nhundred eighty-nine, and for bonds issued during the one-year period\ncommencing July first, nineteen hundred ninety, and for bonds issued\nduring the three-year period commencing July first, nineteen hundred\nninety-one, and for bonds issued during the period from July first,\nnineteen hundred ninety-four up until and including July fifteenth,\nnineteen hundred ninety-seven, and for bonds issued during the period\nfrom July fifteenth, nineteen hundred ninety-seven up until and\nincluding July fifteenth, two thousand, and for bonds issued during the\nperiod from July fifteenth, two thousand up until and including July\nfifteenth, two thousand three, and for bonds issued during the period\nfrom July fifteenth, two thousand three up until and including July\nfifteenth, two thousand six, and for bonds issued during the period from\nJuly fifteenth, two thousand six up until and including July fifteenth,\ntwo thousand nine, and for bonds issued during the period from July\nfifteenth, two thousand nine up until and including July fifteenth, two\nthousand twelve, and for bonds issued during the period from July\nfifteenth, two thousand twelve up until and including July fifteenth,\ntwo thousand fifteen, and for bonds issued during the period from July\nfifteenth, two thousand fifteen up until and including July fifteenth,\ntwo thousand eighteen, and for bonds issued during the period from July\nfifteenth, two thousand eighteen up until and including July fifteenth,\ntwo thousand twenty-one, and for bonds issued during the period from\nJuly fifteenth, two thousand twenty-one up until and including July\nfifteenth, two thousand twenty-four, and for bonds issued during the\nperiod from July fifteenth, two thousand twenty-four up until and\nincluding July fifteenth, two thousand twenty-seven, a municipality,\nschool district, or district corporation may provide for redemption of\nsuch bonds prior to the date of their maturity at a price or prices as\nmay be as determined by the issuer of such bonds or notes at the time of\nthe issuance thereof.\n
N.Y. RPT Law § 561-A — New York Code / Act RPT / Article 5 / Title 4 / Section 561-A
Payments in lieu of taxes; change of assessment; notice
Status: in_force

§ 561-a. Payments in lieu of taxes; change of assessment; notice.\nNotwithstanding any other provision of law, any person, firm,\npartnership, corporation, limited liability company or any other\nbusiness entity which makes payments in lieu of taxes to any agency,\ncounty, town, village, city or school district, shall, prior to filing\nwith such agency, county, town, village, city or school district for a\nchange of assessment, notify such agency, county, town, village, city or\nschool district of such business entity's intention to file for such\nchange; provided however that such notice shall not be required in\ncities with a population of one million or more. Such notification of\nintention shall be made in writing and shall be made at least forty-five\ndays prior to such filing for change of assessment.\n
N.Y. VAT Law § 431 — New York Code / Act VAT / Title 4 / Article 17 / Section 431
Vehicle identification numbers
Status: in_force

§ 431. Vehicle identification numbers. 1. Every manufacturer or\nassembler of a vehicle sold in this state shall provide such vehicle\nwith a vehicle identification number and, upon request of the\ncommissioner, shall inform him concerning the location or locations of\nevery vehicle identification number and other identifying numbers on\nsuch vehicle. The commissioner may refuse to register or issue a\ncertificate of title for a vehicle made by a manufacturer or assembler\nwho fails to comply with this section.\n  2. Whenever a special vehicle identification number has been issued by\nthe commissioner, notification of such fact shall be promptly forwarded\nby the commissioner to the central organization designated by the\nsuperintendent of financial services pursuant to section three thousand\nfour hundred twelve of the insurance law.\n
N.Y. PBA Law § 587 — New York Code / Act PBA / Article 3 / Title 4 / Section 587
Actions against the authority
Status: in_force

§ 587. Actions against the authority. 1. In a case founded upon tort,\na notice of claim shall be required as a condition precedent to the\ncommencement of an action or special proceeding against the authority or\nany officer, appointee, agent or employee thereof, and the provisions of\nsection fifty-e of the general municipal law shall govern the giving of\nsuch notice.\n  2. Except in an action for wrongful death, no action or special\nproceeding shall be commenced more than one year and ninety days after\nthe cause of action therefor shall have accrued, nor until at least\nthirty days have elapsed since the notice of claim referred to in the\npreceding subdivision was so served upon the authority, and the\ncomplaint or petition in any such action or special proceeding shall\ncontain an affirmative allegation to that effect and must also allege\nthat the authority has neglected or refused to make an adjustment or\npayment of such claim or otherwise satisfy the same for thirty days\nafter such service. An action against the authority for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n  3. All actions by or against the authority of whatsoever nature shall\nbe brought in the county or where it has facilities involved in the\naction.\n
N.Y. VAT Law § 404-Y*5 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-Y*5
Distinctive lupus awareness license plates
Status: in_force

* § 404-y. Distinctive lupus awareness license plates. 1. Any person\nresiding in this state shall, upon request, be issued a distinctive\nlicense plate in support of lupus awareness and research bearing the\nphrase "Lupus Awareness". Application for said license plate shall be\nfiled with the commissioner in such form and detail as the commissioner\nshall prescribe.\n  2. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article;\nprovided, however, that an additional annual service charge of\ntwenty-five dollars shall be charged for such plates.\n  3. Each twenty-five dollars received as the annual service charge\nunder this section shall be deposited to the credit of the "lupus\nresearch and education fund" established pursuant to section\nninety-seven-pppp of the state finance law and shall be used for\nresearch and education programs undertaken pursuant to section\nninety-seven-pppp of the state finance law.\n  * NB There are 6 § 404-y's\n
N.Y. EDN Law § 3001 — New York Code / Act EDN / Title 4 / Article 61 / Section 3001
Qualifications of teachers
Status: in_force

§ 3001. Qualifications of teachers. No person shall be employed or\nauthorized to teach in the public schools of the state who is:\n  1. Under the age of eighteen years.\n  2. Not in possession of a teacher's certificate issued under the\nauthority of this chapter or a diploma issued on the completion of a\ncourse in state college for teachers or state teachers college of this\nstate.\n  The provisions of this subdivision shall not prohibit a certified\nteacher from permitting a practice or cadet teacher enrolled in an\napproved teacher education program from teaching a class without the\npresence of the certified teacher in the classroom provided the\nclassroom certified teacher is available at all times and retains\nsupervision of the practice or cadet teacher. The number of certified\nteachers shall not be diminished by reason of the presence of cadet\nteachers.\n  3. Not a citizen. The provisions of this subdivision shall not apply,\nhowever, to a noncitizen teacher now or hereafter employed, provided\nsuch teacher shall make due application to become a citizen and\nthereafter within the time prescribed by law shall become a citizen. The\nprovisions of this subdivision shall not apply, after July first,\nnineteen hundred sixty-seven, to a noncitizen teacher employed pursuant\nto regulations adopted by the commissioner of education permitting such\nemployment. The citizenship requirements of this subdivision shall not\napply to a noncitizen teacher now or hereafter employed whose\nimmigration status is that of a lawful permanent resident of the United\nStates and who would otherwise be eligible to serve as a teacher, or to\napply for or receive permanent certification as a teacher, but for the\nforegoing requirements of this subdivision.\n
N.Y. PBA Law § 1493-L — New York Code / Act PBA / Article 7 / Title 4-A / Section 1493-L
State and city not liable on bonds
Status: in_force

§ 1493-l. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n
N.Y. RPT Law § 499-GGGG — New York Code / Act RPT / Article 4 / Title 4-C / Section 499-GGGG
Tax lien and interest
Status: in_force

§ 499-gggg. Tax lien and interest. All taxes, with interest, required\nto be paid retroactively pursuant to this title shall constitute a tax\nlien as of the date it is determined such taxes and interest are owed.\nAll interest shall be calculated from the date the taxes would have been\ndue but for the tax abatement granted pursuant to this title at the\napplicable rate or rates of interest imposed generally for non-payment\nof real property tax with respect to the eligible building for the\nperiod in question.\n
N.Y. PBH Law § 3333 — New York Code / Act PBH / Article 33 / Title 4 / Section 3333
Dispensing upon official New York state prescription or electronic prescription
Status: in_force

§ 3333. Dispensing upon official New York state prescription or\nelectronic prescription. 1. A licensed pharmacist may, in good faith and\nin the course of his or her professional practice, sell and dispense to\nan ultimate user controlled substances only upon the delivery of an\nofficial New York state prescription or the receipt of an electronic\nprescription to such pharmacist, within thirty days of the date such\nprescription was signed by an authorized practitioner; provided,\nhowever, a pharmacist may dispense a part or portion of such\nprescription in accordance with regulations of the commissioner in\nconsultation with the commissioner of education. No pharmacy or\npharmacist may sell or dispense greater than a thirty day supply of a\ncontrolled substance to an ultimate user unless and until the ultimate\nuser has exhausted all but a seven day supply of the controlled\nsubstance provided pursuant to any previously issued prescription,\nexcept that a pharmacy or pharmacist may sell or dispense up to a three\nmonth supply of a controlled substance if there appears, on the official\nNew York state prescription or electronic prescription, a statement that\nthe controlled substance has been prescribed to treat one of the\nconditions that have been enumerated by the regulations of the\ncommissioner as warranting the prescribing of greater than a thirty day\nsupply of a controlled substance. A pharmacy or pharmacist may sell or\ndispense up to a six month supply of any substance listed in subdivision\n(h) of Schedule II of section thirty-three hundred six of this article\nif there appears, on the official New York state prescription or on an\nelectronic prescription, a statement that the substance has been\nprescribed to treat one of the conditions that have been enumerated by\nthe regulations of the commissioner as warranting the prescribing of a\nspecified greater supply.\n  2. No controlled substance may be so dispensed or sold unless it is\nenclosed within a suitable container, and:\n  (a) Affixed to such container is a label upon which is indelibly\ntyped, printed, or otherwise legibly written the following:\n  (i) the name and address of the ultimate user for whom the substance\nis intended, or if intended for use upon an animal, the species of such\nanimal and the name and address of the owner or person in custody of\nsuch animal;\n  (ii) the name, address, and telephone number of the pharmacy from\nwhich such substance is dispensed;\n  (iii) specific directions for use as stated on the prescription;\n  (iv) the name of the prescribing practitioner;\n  (v) the legend, prominently marked or printed in either boldface or\nupper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS\nDIRECTED";\n  (vi) the number of the prescription under which it is recorded in the\npharmacist's prescription file;\n  (vii) such code number assigned by the department for the particular\nsubstance pursuant to section thirty-three hundred eighteen of this\narticle, or when requested by the practitioner, the name of such\nsubstance;\n  (b) Such container shall be identified as a controlled substance by\neither:\n  (i) an orange label;\n  (ii) a label of another color over which is superimposed an orange\ntransparent adhesive tape; or\n  (iii) an auxiliary orange label affixed to the front of such container\nand bearing the legend, prominently marked or printed "Controlled\nSubstance, Dangerous Unless Used As Directed";\n  (c) Any label, transparency, or auxiliary label shall be applied in a\nmanner which would inhibit its removal.\n  3. The pharmacist filling the controlled substance prescription shall\nendorse upon the original official New York state prescription the date\nof delivery and his or her signature or, if an electronic prescription,\nhis or her electronic signature.\n  4. The endorsed original prescription shall be retained by the\nproprietor of the pharmacy for a period of five years. The proprietor of\nthe pharmacy shall file or cause to be filed such prescription\ninformation with the department by electronic means on a real time basis\nas the commissioner in consultation with the commissioner of education\nshall, by regulation, require; provided, however, that the commissioner\nmay, pursuant to a process established in regulation, grant a waiver\nallowing a pharmacy to make such filings within a longer period of time\nif and to the extent that the commissioner finds it warranted, in his or\nher discretion, due to economic hardship, technological limitations that\nare not reasonably within the control of the pharmacy, or other\nexceptional circumstance demonstrated by the pharmacy; and provided,\nfurther, however, that such regulations shall specify the manner in\nwhich such requirements shall apply to the delivery of controlled\nsubstances to individuals in this state by means of mail or licensed\nexpress delivery services.\n  5. When filing prescription information electronically pursuant to\nsubdivision four of this section, the proprietor of the pharmacy shall\ndispose of any electronically recorded prescription information in such\nmanner as the commissioner shall by regulation require.\n
N.Y. PBH Law § 365 — New York Code / Act PBH / Article 3 / Title 4 / Section 365
Certain cities; undertakings required of health officers
Status: in_force

§ 365. Certain cities; undertakings required of health officers.\nBefore entering upon the discharge of the duties of their respective\noffices, the commissioner of health, deputy commissioner of health or\nhealth officer in cities having a population of less than one hundred\nseventy-five thousand, shall each execute and file with the city clerk\nsuch official undertakings as the common council or similar legislative\nauthority shall prescribe.\n
N.Y. SOS Law § 409-K — New York Code / Act SOS / Article 6 / Title 4-B / Section 409-K
Case plan and service record
Status: in_force

§ 409-k. Case plan and service record. 1. With respect to each\nindividual who is identified as requiring case management services\npursuant to this title, the social services district shall, within\nthirty days of such identification, perform or have performed an initial\njoint assessment with the individual, and other persons where\nappropriate, for the purpose of identifying those problems that have an\nimpact on family stability and hinder the potential for economic\nindependence. A social services district shall prior to implementing the\nprovisions of this title submit a plan for a service case management\nsystem to the commissioner for approval.\n  2. Upon completion of the assessment provided in subdivision one of\nthis section, the social services district shall, in consultation with\nthe individual, establish and maintain or have established and\nmaintained a case plan and service record prescribed pursuant to\nregulations of the department which shall include at least the\nfollowing:\n  (a) identification of short term and long range goals which will\nameliorate the problems indicated in subdivision one of this section.\nSuch identification shall also include an estimate of the time period\nnecessary to meet these goals;\n  (b) identification of services needed by the client, and a description\nof the available resources in the community to meet identified needs; if\nservices are not available the record should reflect such;\n  (c) documentation of the arrangements made for the referral of the\nclient to service providers;\n  (d) listing of all services rendered, both direct and those provided\nby other public and private agencies in the community;\n  (e) follow-up action taken to assure clients are in receipt of\nservices, and any actions taken to remove any existing barriers which\nimpede the maximum efficiency of service delivery; and\n  (f) recordation of the types, cost and auspices of services provided.\n  3. The case plan and service record shall be reviewed and may be\nrevised, in consultation with the individual, at least once every six\nmonths after the plan and record have been prepared. Such review shall\ninclude an evaluation of the effectiveness of services rendered and any\nnecessary revisions in goals or planned services as they meet the\nobjectives indicated in paragraph (a) of subdivision two of this\nsection.\n  4. The case plan and service record shall include information for the\npurpose of obtaining information regarding services rendered and the\ncost of such services based on assessed values or the value of services\nrendered, where no fees are charged as in other publicly financed\nprograms together with such other information as may be required by\nrules and regulations of the department.\n  5. The department is authorized and directed to make such rules and\nregulations as are necessary to carry out the provisions of this title.\n
N.Y. EDN Law § 3228 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3228
Newspaper carrier
Status: in_force

* § 3228. Newspaper carrier. 1. Definition: A "newspaper carrier" is a\nminor between the ages of eleven and eighteen years of age who engages\nin the occupation of delivering, or selling and delivering, newspapers,\nshopping papers or periodicals to customers at their homes or places of\nbusiness. For purposes of this section shopping papers shall mean those\ncommunity publications distributed, for the purposes of advertising and\npublic information, to the consumer without consideration being paid\ntherefor by the consumer.\n  Such papers shall:\n  (i) be distributed to the public on a community-wide basis;\n  (ii) be published at stated intervals at least fifty times a year;\n  (iii) have continuity as to title and general nature of content from\nissue to issue;\n  (iv) contain in each issue community notices or editorial comment or\narticles by different authors; and\n  (v) contain in each issue advertisements from numerous unrelated\nadvertisers including non-commercial advertisements.\n  The term "shopping papers" shall not include mail order and other\ncatalogs, advertising fliers, travel brochures, house organs, theatre\nprograms, telephone directories, shopping and restaurant guides, racing\ntip and form sheets, shopping center advertising sheets and similar\npublications.\n  2. A "newspaper carrier" shall possess a newspaper carrier permit and\nshall carry it upon his or her person when engaged in the occupation of\ndelivering, or selling and delivering, newspapers, shopping papers or\nperiodicals to homes or places of business.\n  3. A newspaper carrier permit shall be issued on a form prescribed by\nthe commissioner of education to a minor qualified to participate in\nphysical training as provided for in section thirty-two hundred four of\nthis chapter. Minors that are not participating in physical training may\nbe issued a permit with the approval of the school physician.\n  4. No newspaper carrier shall be engaged in delivering, or selling and\ndelivering, newspapers, shopping papers or periodicals before five\no'clock in the morning nor after seven o'clock in the evening or thirty\nminutes prior to sunset, whichever is later, nor during the time the\nminor is required to attend upon instruction, nor for more than four\nhours in any one day when school is in session, nor more than five hours\nin any one day when school is not in session.\n  5. No minor under eleven years of age may engage in the occupation of\ndelivering, or selling and delivering, newspapers, shopping papers or\nperiodicals to customers at their homes or places of business.\n  6. The school authorities may revoke the permit for cause after due\nnotice.\n  7. Enforcement. The police shall enforce the provisions of this\nsection except with respect to the issuance and revocation of permits.\nThe industrial commissioner shall have concurrent power to enforce this\nsection except with respect to the issuance and revocation of permits.\n  8. It shall be unlawful for any person or corporation to wilfully and\nknowingly deliver or cause to be delivered newspapers, shopping papers\nor periodicals to a newspaper carrier who is not in compliance with the\nprovisions of this section.\n  * NB Repealed May 9, 2027\n
N.Y. EDN Law § 3004-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3004-A
National board for professional teaching standards certification grant program
Status: in_force

§ 3004-a. National board for professional teaching standards\ncertification grant program. 1. Notwithstanding any inconsistent\nprovision of law, the commissioner shall establish the Albert Shanker\nnational board for professional teaching standards certification grant\nprogram, to be used by the department to defray any costs incurred by an\neligible teacher, as that term is described in subdivision two of this\nsection and his or her sponsoring school district, where such eligible\nteacher seeks national board certification from the national board for\nprofessional teacher standards.\n  2. As used in this section, "eligible teacher" shall mean a New York\nstate tenured public school teacher who:\n  (a) is currently teaching in New York state;\n  (b) has graduated from an accredited college or university; and\n  (c) holds a valid New York state teaching certificate.\n  3. Under the provisions of this section and subject to the filing\nrequirement described in subdivision four of this section, a grant in an\namount of up to two thousand five hundred dollars ($2,500) shall be made\navailable from the Albert Shanker national board for professional\nteaching standards certification grant program to each eligible teacher\nto defray the expenses of certification by the national board for\nprofessional teaching standards. Such sum may include the direct\nreimbursement by the department to the eligible teacher's sponsoring\nschool district from the total grant award to cover the cost of hiring a\nsubstitute teacher for up to three days or the duration of such eligible\nteacher's approved leave, whichever is less.\n  4. The commissioner shall be responsible for promulgating any\nregulations necessary to effectuate the provisions of this section,\nincluding:\n  (a) establishing within the department an application form and filing\ndeadline requirements to be utilized by eligible teachers applying for\nthe Albert Shanker national board for professional teaching standards\ngrant program;\n  (b) establishing a mechanism for processing and approving applications\nwithin the department;\n  (c) establishing a mechanism to allocate grant awards to approved\neligible teachers; and\n  (d) establishing a mechanism to reimburse sponsoring school districts\nfor up to three days of approved leave as described in subdivision three\nof this section.\n  5. An eligible teacher for whom the state pays a participation fee\nshall be liable for repayment of the grant to the department if such\neligible teacher:\n  (a) does not complete the process; or\n  (b) completes the process, but does not teach in a New York state\npublic school for at least one full year after achieving national board\nfor professional teaching standards certification.\n  6. Repayment of the grant is not required:\n  (a) if the certification process is not completed or if the eligible\nteacher fails to teach for one full year after completion due to his or\nher death or disability or some other extenuating circumstances as may\nbe recognized by the board of regents; or\n  (b) if the eligible teacher completes the process but does not achieve\ncertification.\n
N.Y. RPT Law § 582 — New York Code / Act RPT / Article 5 / Title 4 / Section 582
Valuation of agricultural structures
Status: in_force

§ 582. Valuation of agricultural structures. Structures used on land\nused in agricultural production located within an agricultural district\nand/or on property receiving an agricultural assessment as provided in\narticle twenty-five-AA of the agriculture and markets law shall be\nassessed at an amount not to exceed the cost of replacement new at\ncurrent prices less a deduction for physical depreciation calculated in\naccordance with the assessor's manual distributed by the office of real\nproperty services, and if applicable, functional and economic\nobsolescence. For the purpose of this section, structures shall be\ndefined as those used:\n  1. For the production or storage of crops, livestock, or livestock\nproducts as defined in section three hundred one of the agriculture and\nmarkets law;\n  2. For the storage of equipment and/or supplies used in such\nproduction;\n  3. In whole or in part as farm labor dwellings, except for structures\nwhich are used as the principal residence of the owner of such\nstructure; or\n  4. For on farm processing or on farm retail merchandising, so long as\nat least seventy-five percent of the annual volume of such processing or\nsuch merchandising utilizes crops, crop products, livestock or livestock\nproducts, as defined in section three hundred one of the agriculture and\nmarkets law, produced on such land owned or operated by such applicant.\n
N.Y. PBA Law § 585 — New York Code / Act PBA / Article 3 / Title 4 / Section 585
Bonds and notes to be tax exempt
Status: in_force

§ 585. Bonds and notes to be tax exempt. 1. It is hereby determined\nthat the creation of the authority and the carrying out of its corporate\npurposes is a public purpose, and the authority shall be regarded as\nperforming a governmental function in the exercise of the powers\nconferred upon it by this title and shall be required to pay no taxes or\nassessments upon any of the property acquired by it or under its\njurisdiction or control or supervision or upon its activities, or upon\nthe income therefrom.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n
N.Y. PBH Law § 375 — New York Code / Act PBH / Article 3 / Title 4 / Section 375
Certain cities; actions to restrain nuisances
Status: in_force

§ 375. Certain cities; actions to restrain nuisances. The commissioner\nof health or health officer of a city having a population of less than\none hundred seventy-five thousand, is authorized, by and with the advice\nand consent of the corporation counsel or city attorney, in the name of\nthe city to maintain actions to restrain the threatened performance or\nthe continued performance of any act contrary to his orders, directions,\ndecisions or ordinances, and to restrain and abate nuisances, and for\nthe purpose of obtaining a temporary injunction in any such action no\nundertaking shall be required.\n
N.Y. VAT Law § 462 — New York Code / Act VAT / Title 4 / Article 17-A / Section 462
Definitions
Status: in_force

§ 462. Definitions. Whenever used in this article:\n  1. "Distributor" means any person who primarily offers, sells or\ndistributes new motor vehicles to franchised motor vehicle dealers or\nmaintains distributor representatives within the state.\n  2. "Distributor branch" means a branch office maintained by a\ndistributor which offers, sells or distributes new motor vehicles to\nfranchised motor vehicle dealers in this state.\n  3. "Distributor representative" means a representative employed by a\ndistributor branch or distributor.\n  4. "Factory branch" means a branch office maintained for directing and\nsupervising the representatives of the manufacturer or which office is\nmaintained for the sale of motor vehicles.\n  5. "Factory representative" means a representative employed by a\nfactory branch for the purpose of making or promoting the sale of motor\nvehicles or for supervising, servicing, instructing or contacting\nfranchised motor vehicle dealers or prospective motor vehicle dealers.\n  6. "Franchise" means a written arrangement for a definite or\nindefinite period in which a manufacturer or distributor grants to a\nfranchised motor vehicle dealer a license to use a trade name, service\nmark or related characteristic, and in which there is a community of\ninterest in the marketing of motor vehicles or services related thereto\nat wholesale, retail, by lease or otherwise and/or pursuant to which a\nfranchised motor vehicle dealer purchases and resells or offers (as\nagent, principal, or otherwise) products associated with the name or\nmark or related components of the franchise.\n  7. "Franchised motor vehicle dealer" means: (a) any person required to\nbe registered pursuant to section four hundred fifteen of this title\nwhich has been granted a franchise as defined in subdivision six of this\nsection, or (b) any person engaged in the business of selling\nsnowmobiles, all terrain vehicles and/or personal watercraft at\nwholesale or retail who has been granted a franchise; provided, however,\nthat any person primarily engaged in the sale of vessels and other\nmarine items who meets the definition of "dealer" as provided in\nsubdivision one of section eight hundred ten of the general business law\nshall not be a "franchised motor vehicle dealer" pursuant to this\narticle.\n  8. "Franchisor" means any manufacturer, distributor, distributor\nbranch or factory branch, importer or other person, partnership,\ncorporation, association, or entity, whether resident or non-resident,\nwhich enters into or is presently a party to a franchise with a\nfranchised motor vehicle dealer.\n  8-a. "Good faith" means, in addition to any common law definitions of\nthat term, honesty in fact and the observation of reasonable commercial\nstandards of fair dealing in the trade.\n  9. "Manufacturer" means any person, partnership, corporation,\nassociation, factory branch or other entity engaged in the business of\nmanufacturing or assemblying new and unused motor vehicles for sale in\nthis state.\n  10. "Motor vehicle" means: (a) any motor vehicle as defined in section\none hundred twenty-five of this chapter, (b) any snowmobile as defined\nin article forty-seven of this chapter, (c) any all terrain vehicle as\ndefined in article forty-eight-B of this chapter and (d) any personal\nwatercraft as defined in section two of the navigation law, provided the\ncommissioner shall have authority to except by regulation vehicles other\nthan passenger automobiles, trucks and motorcycles from such definition.\n  11. "New motor vehicle" means a vehicle sold or transferred by a\nmanufacturer, distributor or dealer, which has not been placed in\nconsumer use or used as a demonstrator.\n  12. "New motor vehicle product" means any motor vehicle which is of\nthe same line make of motor vehicle as those which the franchisor has\nauthorized its existing franchised motor vehicle dealers to sell under\nthe existing franchises between franchised motor vehicle dealers and the\nfranchisor.\n  13. "Line make" means all models of a specific brand of motor vehicle\nmanufactured by a manufacturer that may manufacture several brands, each\nof which are a separate line of make; except that, as such term applies\nto the sale of any new house coach, means that group or those groups of\nhouse coaches, as defined by the terms of the written franchise.\n  14. Notwithstanding the provisions of section one hundred nineteen of\nthis chapter, for purposes of this article the term "house coach" shall\nmean any vehicle motivated by a power connected therewith or propelled\nby a power within itself, which is designed to provide temporary living\nquarters, and which is built onto, as an integral part of, or is\npermanently attached to a motor vehicle chassis, and contains at least\nfour of the following independent life support systems if each is\npermanently installed and designed to be removed only for purposes of\nrepair or replacement and meets the standards of the American National\nStandards Institute for recreation vehicles:\n  (a) a cooking facility with an on-board fuel source;\n  (b) a gas or electric refrigerator;\n  (c) a toilet with exterior evacuation;\n  (d) a heating or air conditioning system with an on-board power or\nfuel source separate from the vehicle engine;\n  (e) a potable water supply system that includes at least a sink, a\nfaucet and a water tank with an exterior service supply connection; and\n  (f) a 110-125 volt electric power supply.\n  15. "Relevant market area" means:\n  (a) if the proposed additional or relocated motor vehicle dealer is to\nbe located in a county having a population in excess of one hundred\nthousand, the area within the radius of six miles of the intended site\nof the proposed or relocated dealer. Such six mile distance shall be\ndetermined by measuring the distance between the nearest surveyed\nboundary of the existing new motor vehicle dealer's principal place of\nbusiness and the nearest surveyed boundary line of the proposed or\nrelocated new motor vehicle dealer's place of business; or\n  (b) if the proposed additional or relocated motor vehicle dealer is to\nbe within a county having a population of less than one hundred\nthousand, the area within the radius of ten miles of the intended site\nof the proposed or relocated dealer. Such ten mile distance shall be\ndetermined by measuring the distance between the nearest surveyed\nboundary line of the existing new motor vehicle dealer's principal place\nof business and the nearest surveyed boundary line of the proposed or\nrelocated new motor vehicle dealer's principal place of business.\n  In determining the population of a county, the most recent census by\nthe U.S. Bureau of Census or the most recent population update, either\nfrom the National Planning Data Corporation or other similar recognized\nsource, shall be used.\n  16. "Captive finance source" means any finance source that provides\nautomotive-related loans, or purchases retail installment contracts or\nlease contracts for motor vehicles and is, directly or indirectly,\nowned, operated or controlled, in whole or in part, by a manufacturer,\nfactory branch, distributor or distributor branch.\n  17. "Termination" and "terminate" as such terms are used in connection\nwith the removal of a franchise by a franchisor, means a franchisor's\nproposed termination, cancellation, non-renewal, or rescission.\n
N.Y. EDN Law § 3306 — New York Code / Act EDN / Title 4 / Article 66 / Section 3306
Eligibility
Status: in_force

§ 3306. Eligibility. 1. (a) When properly executed under applicable\nlaw, a special power of attorney, relative to the guardianship of a\nmilitary child, shall be considered sufficient for the sole purpose of\nestablishing residency of a transferring student into a local\neducational agency and for all other actions in the local educational\nagency requiring parental participation and consent, for the duration of\nthe guardianship. For students attending school in New York, a special\ndesignation of person in parental relation pursuant to title fifteen-A\nof article five of the general obligations law, in the form prescribed\nin paragraph (b) of this subdivision, shall constitute a special power\nof attorney for such purpose, provided that notwithstanding any other\nprovision of law to the contrary, such delegation shall remain in effect\nuntil revoked or the child re-establishes residence with a parent.\n  (b) A local educational agency shall be prohibited from charging local\ntuition to a transitioning military child placed in the care of a\nnon-custodial parent or other person standing in loco parentis with a\nspecial designation of person in parental relation pursuant to title\nfifteen-A of article five of the general obligations law and this\nparagraph who lives in a jurisdiction other than that of the custodial\nparent. The special designation of person in parental relation shall be\nin the form prescribed by section 5-1552 of the general obligations law,\nexcept that it shall clearly identify the student as a transitioning\nmilitary child and shall provide that the designation shall continue in\neffect until revoked or the child re-establishes residence with a\nparent. Notwithstanding any provisions of law to the contrary, such\ndesignation shall not be for a fixed period and shall result in a change\nin the school district of residence for purposes of this chapter to the\nschool district in which the designee resides.\n  (c) A transitioning military child, placed in the care of a\nnon-custodial parent or other person standing in loco parentis who lives\nin a jurisdiction other than that of the custodial parent, may continue\nto attend the school within New York in which he or she was enrolled\nwhile residing with the custodial parent until the child completes the\nhighest grade level in such school. Nothing in this paragraph shall be\nconstrued to require a local educational agency to provide\ntransportation services to such student while residing outside of the\ndistrict for distances greater than the maximum transportation limit\nestablished under school district policy.\n  2. State and local educational agencies shall facilitate the\nopportunity for transitioning military children's inclusion in\nextracurricular activities, regardless of application deadlines, to the\nextent they are otherwise qualified.\n
N.Y. LAB Law § 551 — New York Code / Act LAB / Article 18 / Title 4 / Section 551
Unemployment administration fund
Status: in_force

§ 551. Unemployment administration fund. 1. Purpose. The unemployment\nadministration fund shall be continued. It shall consist of all moneys\nreceived by the state or the commissioner for the administration of this\narticle. Such fund shall be handled by the commissioner of taxation and\nfinance and state comptroller as other state moneys are handled; but it\nshall be expended solely for the administration of this article; and its\nbalance shall not lapse at any time but shall remain continuously\navailable to the commissioner for expenditures consistent herewith. All\nfederal moneys allotted or apportioned to the state by any agency of the\nUnited States for the administration of this article shall be paid into\nthe unemployment administration fund, except that moneys received from\nthe federal railroad retirement board as compensation for services or\nfacilities supplied to such agency shall be paid into the unemployment\nadministration fund or the special "employment service account" thereof,\nin the same proportion in which expenditures are made for such services\nor facilities from such fund and account. A special "employment service\naccount" of funds received by the state in accordance with the\nprovisions of the Wagner-Peyser act shall be maintained as a part of\nsuch fund. All moneys allotted or apportioned to the state by any agency\nof the United States, for the administration of this article, paid into\nthe unemployment administration fund, shall be expended solely for the\npurpose and in the amounts found necessary by such agency for the proper\nand efficient administration of this article.\n  2. Replacements from the special fund or general state funds. If any\nmoneys received after June thirtieth, nineteen hundred forty-one, from\nthe United States pursuant to the provisions of the federal social\nsecurity act, or any unencumbered balances in the unemployment\nadministration fund as of that date, or any moneys granted to this state\npursuant to the provisions of the Wagner-Peyser act, or any moneys made\navailable by this state or its political subdivisions and matched by\nsuch moneys granted to this state pursuant to the provisions of the\nWagner-Peyser act, are found by the appropriate agency of the United\nStates because of any action or contingency, to have been lost or\nexpended for the purposes other than, or in amounts in excess of, those\nfound necessary by such agency for the proper administration of this\narticle, it is the policy of this state that such moneys shall be\nreplaced by moneys to be transferred from the special fund or\nappropriated for such purpose from the general funds of this state to\nthe unemployment administration fund for expenditure as provided\nhereunder, but, for the purposes of this subdivision, such moneys shall\nnot include any amount determined by such agency to have been expended\nin accordance with rules, standards, instructions, limitations,\nregulations, or other action by such agency, applicable to such amount\nand prescribed by it prior to the expenditure thereof. Upon receipt of\nnotice of such finding by such agency, the commissioner shall, with the\napproval of the director of the budget, direct the transfer of the\nnecessary moneys from the special fund into the unemployment\nadministration fund. If the moneys available in the special fund are not\nsufficient for this purpose, the commissioner shall promptly report the\nadditional amount required for such replacement to the governor and the\ngovernor shall, at the earliest opportunity, submit to the legislature a\nrequest for the appropriation of such amount.\n  The provisions of this subdivision shall not be construed to require\nthe replacement of any amount disbursed for the payment of expenses in\nrelation to the operation of public employment offices by the federal\ngovernment provided the liability resulting in such expenditures has\nbeen incurred in accordance with the request or with the approval of a\nduly authorized agency or official of the federal government.\n  3. Payment of administrative expenses. The total amount of expenses\nincurred by the commissioner in connection with the administration of\nthis article and such proportion of the total expenses of maintaining\nthe public employment offices as established under this chapter and for\nthe purposes of this article, as shall be determined to be necessary and\nrequired by the provisions of this article and so certified by the\ncommissioner, shall, upon audit by the comptroller, be disbursed from\nthe unemployment administration fund. Annually, as soon as practicable\nafter April first, the commissioner and the comptroller shall ascertain\nthe total amount of such expenses incurred during the preceding fiscal\nyear. An itemized statement of the total expenses so ascertained shall\nbe open to public inspection in the office of the commissioner after\nnotice in an official publication of the department. All disbursements\nfrom such fund shall be made by the commissioner of taxation and finance\non the warrant of the comptroller.\n
N.Y. EDN Law § 3208 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3208
Attendance; screening of new entrants; prohibition against mandatory medication
Status: in_force

* § 3208. Attendance; screening of new entrants; prohibition against\nmandatory medication. 1. A person included by the provisions of this\npart shall be required to attend upon instruction only if in proper\nmental and physical condition.\n  2. A person whose mental or physical condition is such that his or her\nattendance upon instruction under the provisions of this part would\nendanger the health or safety of such person or of others shall not be\npermitted to attend, provided that nothing in this section shall be\nconstrued to authorize a denial of access to education based on\ndisability in violation of state or federal law.\n  3. If a person's mental or physical condition, by virtue of which he\nor she is not required or permitted to attend upon instruction, is due\nto a mental or physical condition which may be remedied by the taking of\nreasonable measures, such mental or physical condition shall justify\nonly the temporary failure of the person to attend.\n  4. The determination of mental or physical condition under the\nprovisions of this part shall be based upon actual examination made by a\nperson or persons qualified by appropriate training and experience, in\naccordance with regulations of the department. The department shall\ndesignate persons having the required qualifications to make such mental\nor physical examinations on behalf of any local school authorities,\nexcept that in a city having a population of one million or more the\nsuperintendent of schools shall designate such persons.\n  4-a. Officers or employees of the state, a school district, a board of\ncooperative educational services, a charter school, an approved private\nschool for the education of students with disabilities approved pursuant\nto paragraph e, f, g or h of subdivision two of section forty-four\nhundred one of this chapter, an approved provider of preschool special\neducation approved pursuant to section forty-four hundred ten of this\nchapter or a state-supported school operating pursuant to article\nforty-five of this chapter, shall be prohibited from requiring a child\nwho is entitled to attend school pursuant to subdivision one of section\nthirty-two hundred two of this part to obtain a prescription for a\nsubstance covered by the federal controlled substances act, section\neight hundred one of title twenty-one of the United States code, et\nseq., as a condition of attending school, receiving an evaluation or\nreevaluation pursuant to article eighty-nine of this chapter or any\nother provision of law relating to students with disabilities or\nreceiving special education programs or services.\n  5. a. Each board of education or trustees of each school district\nshall provide for the screening of every new entrant to school to\ndetermine which pupils are or may be children with disabilities or\ngifted children, as well as all pupils who score below level two on\neither the third grade English language arts or mathematics assessments\nfor New York state elementary schools, in accordance with regulations of\nthe commissioner to determine whether such pupils may have disabilities.\n  b. Such screening shall include, but not be limited to:\n  (1) A physical examination pursuant to the provisions of sections nine\nhundred one, nine hundred three and nine hundred four of this chapter,\nincluding proof of immunization as required by section twenty-one\nhundred sixty-four of the public health law.\n  (2) A language development assessment.\n  c. If such screening indicates a suspected disability, which may\nrequire the provision of special education services or programs, a\nreferral shall be made to the committee on special education.\n  d. If such screening indicates a possibly gifted child, the name and\nfinding shall be reported to the superintendent of schools of such\ndistrict and to the parent or legal guardian of such child. Such\nnotification shall not be construed as an entitlement for services for\nany such child identified as possibly gifted.\n  * NB Effective until June 30, 2027\n  * § 3208. Attendance; proper mental and physical condition. 1. A\nperson included by the provisions of part one of this article shall be\nrequired to attend upon instruction only if in proper mental and\nphysical condition.\n  2. A person whose mental or physical condition is such that his\nattendance upon instruction under the provisions of part one of this\narticle would endanger the health or safety of himself or of others\nshall not be permitted to attend.\n  3. If a person's mental or physical condition, by virtue of which he\nis not required or permitted to attend upon instruction, is due to\nphysical defects or to a physical condition which may be remedied by the\ntaking of reasonable measures, such mental or physical condition shall\njustify only the temporary failure of the person to attend.\n  4. The determination of mental or physical condition under the\nprovisions of part one of this article shall be based upon actual\nexamination made by a person or persons qualified by appropriate\ntraining and experience, in accordance with regulations of the state\neducation department. The state education department shall designate\npersons having the required qualifications to make such mental or\nphysical examinations on behalf of any local school authorities, except\nthat in a city having a population of one million or more the\nsuperintendent of schools shall designate such persons.\n  5. a. Each board of education or trustees of each school district\nshall provide for the screening of every new entrant to school to\ndetermine which pupils are or may be children with handicapping\nconditions or gifted, as well as all pupils who score below level two on\neither the third grade reading or mathematics tests for New York state\nelementary schools and all students who obtain a comparable percentile\nscore on the regents preliminary competency test, in accordance with\nregulations of the commissioner to determine whether such pupils may\nhave handicapping conditions.\n  b. Such screening shall include, but not be limited to:\n  (1) A physical examination pursuant to the provisions of sections nine\nhundred one, nine hundred three and nine hundred four of this chapter,\nincluding proof of immunization as required by section twenty-one\nhundred sixty-four of the public health law.\n  (2) A language development assessment.\n  c. If such screening indicates a suspected handicapping condition,\nwhich may require the provision of special education services or\nprograms, a referral shall be made to the committee on special\neducation.\n  d. If such screening indicates a possibly gifted child, the name and\nfinding shall be reported to the superintendent of schools of such\ndistrict and to the parent or legal guardian of such child. Such\nnotification shall not be construed as an entitlement for services for\nany such child identified as possibly gifted.\n  * NB Effective June 30, 2027\n
N.Y. EDN Law § 3033 — New York Code / Act EDN / Title 4 / Article 61 / Section 3033
New York state mentor teacher-internship program
Status: in_force

§ 3033. New York state mentor teacher-internship program.  1. Boards\nof education and boards of cooperative educational services are hereby\nauthorized to participate in the New York state mentor\nteacher-internship program in accordance with the provisions of this\nsection.\n  2. Each board of education or board of cooperative educational\nservices which applies for funds under this section shall prepare a plan\nfor implementation of a mentor teacher-internship program consistent\nwith article fourteen of the civil service law. The plan shall be\ndeveloped in accordance with this section and regulations of the\ncommissioner. The board of education or board of cooperative educational\nservices shall submit an application and plan by May first of the\ncurrent year for approval by the commissioner; provided however for the\nnineteen hundred ninety-seven--ninety-eight school year, such plan may\nbe submitted by November first, nineteen hundred ninety-seven.\n  3. Each board of education and board of cooperative educational\nservices which determines to participate in the program shall select\npersons eligible to serve as mentor teachers from a list of persons who\nhave demonstrated their mastery of pedagogical and subject matter\nskills, given evidence of superior teaching abilities and interpersonal\nrelationship qualities, and who have indicated their willingness to\nparticipate in such program. Such list of persons eligible to serve as\nmentor teachers shall be developed by a selection committee composed of\ncertified or licensed personnel employed by the school district or the\nboard of cooperative educational services, a majority of whom shall be\nclassroom teachers chosen by the certified or recognized teachers\nemployee organization. The assignment of particular mentor teachers and\nteacher interns to work together shall be made by the superintendent of\nthe participating district or district superintendent of the\nparticipating board of cooperative educational services. Each person\ndesignated as a mentor teacher shall continue to provide classroom\ninstruction for at least sixty percent of the time spent in performance\nof such individual's duties during the school year or such person may so\nserve on a full-time basis for not more than two school years out of\nfive consecutive school years, provided that such service as a mentor\nteacher shall not diminish or impair the tenure and seniority rights of\nthe mentor teacher.\n  4. Each board of education and board of cooperative educational\nservices which determines to participate in the mentor\nteacher-internship program shall require those first or second year\neligible teachers which it chooses to include in the program to perform\ntheir duties under the guidance of a mentor teacher, and shall ensure\nthat such teacher intern and mentor carry no more than a ninety percent\nclassroom instruction assignment in order to allow such teacher intern\ntime to receive special assistance from a mentor teacher. In order to\nparticipate as a teacher intern in a mentor teacher-internship program,\na first or second year teacher shall hold a provisional or permanent\nteaching certificate, temporary emergency license, regular license, or\ntemporary per diem certificate for a field in which no licensed person\nis available to teach and shall not have participated in such program in\nthe previous year.\n  5. A school district or board of cooperative educational services\nparticipating in an approved mentor teacher-internship program in the\ncurrent year shall be eligible for aid including but not limited to\ncosts related to release time of the intern and mentor teacher up to ten\npercent of the mentor teacher's salary and up to ten percent of the\nteacher intern's salary respectively in accordance with the provisions\nof this subdivision. To receive such assistance, a school district or\nboard of cooperative educational services must file a claim with the\ncommissioner by October first of the current school year in a form\nprescribed by the commissioner which shall include the actual salary of\neach program participant as of September fifteenth of such year. The\ncommissioner shall pay one-half of the amount of such assistance by\nJanuary fifteenth of each year and shall pay the remaining amount based\nupon a final report filed by the school district by August fifteenth of\neach year.\n  6. Each board of education and board of cooperative educational\nservices which participates in the program shall file a report with the\ncommissioner on or before August first of each school year concerning\ncompliance with the requirements of the program during the preceding\nschool year.  Such report shall be in such form and in such manner as\nthe commissioner may require. The commissioner shall evaluate such\nprograms and file a report with the legislature on or before December\nfirst, nineteen hundred eighty-seven.\n
N.Y. SOS Law § 409-L — New York Code / Act SOS / Article 6 / Title 4-B / Section 409-L
Advisory board
Status: in_force

§ 409-l. Advisory board. An advisory board shall be established by the\ncommissioner to assist in the development and implementation of the case\nmanagement provisions. It will be the responsibility of this board to\nassist in the development of various service models that local social\nservices districts shall employ, assist in the formulation of\nappropriate procedures for evaluating such case management services, and\ndetermine the fiscal impact of such services as defined in section four\nhundred nine-j of this title.  Appointments to the advisory board shall\nbe obtained from public and private organizations providing teenage and\nchild welfare services.\n
N.Y. EXC Law § 529 — New York Code / Act EXC / Article 19-G / Title 4 / Section 529
Reimbursement for institutional care, aftercare supervision and foster care
Status: in_force

§ 529. Reimbursement for institutional care, aftercare supervision and\nfoster care. 1. Definitions. As used in this section:\n  (a) "authorized agency", "certified boarding home", "local charge" and\n"state charge" shall have the meaning ascribed to such terms by the\nsocial services law;\n  (b) "aftercare supervision" shall mean supervision of released or\ndischarged youth, not in foster care; and,\n  (c) "foster care" shall mean residential care, maintenance and\nsupervision provided released or discharged youth, or youth otherwise in\nthe custody of the division for youth, in a division foster family home\ncertified by the division.\n  (d) "division foster family home" means a service program provided in\na home setting available to youth under the jurisdiction of the division\nfor youth.\n  2. Expenditures made by the office of children and family services for\ncare, maintenance and supervision furnished youth, including alleged and\nadjudicated juvenile delinquents and persons in need of supervision,\nplaced or referred, pursuant to titles two or three of this article, and\njuvenile offenders, youthful offenders and adolescent offenders\ncommitted pursuant to the penal law, in the office's programs and\nfacilities, shall be subject to reimbursement to the state by the social\nservices district from which the youth was placed or by the social\nservices district in which the juvenile offender resided at the time of\ncommitment, in accordance with this section and the regulations of the\noffice, as follows: fifty percent of the amount expended for care,\nmaintenance and supervision of local charges including juvenile\noffenders.\n  4. Expenditures made by the division for youth for foster care shall\nbe subject to reimbursement to the state by the social services district\nfrom which the youth was placed, in accordance with the regulations of\nthe division, as follows: fifty percent of the amount expended for care,\nmaintenance and supervision of local charges.\n  5. (a) Expenditures made by the division for youth for aftercare\nsupervision shall be subject to reimbursement to the state by the social\nservices district from which the youth was placed, in accordance with\nregulations of the division, as follows: fifty percent of the amount\nexpended for aftercare supervision of local charges.\n  (b) Expenditures made by social services districts for aftercare\nsupervision of adjudicated juvenile delinquents and persons in need of\nsupervision provided (prior to the expiration of the initial or extended\nperiod of placement or commitment) by the aftercare staff of the\nfacility from which the youth has been released or discharged, other\nthan those under the jurisdiction of the division for youth, in which\nsaid youth was placed or committed, pursuant to directions of the family\ncourt, shall be subject to reimbursement by the state, upon approval by\nthe division and in accordance with its regulations, as follows:\n  (1) the full amount expended by the district for aftercare supervision\nof state charges;\n  (2) fifty percent of the amount expended by the district for aftercare\nsupervision of local charges.\n  (c) Expenditures made by the division for youth for contracted\nprograms and contracted services pursuant to subdivision seven of\nsection five hundred one of this article, except with respect to urban\nhomes and group homes, shall be subject to reimbursement to the state by\nthe social services district from which the youth was placed, in\naccordance with this section and the regulations of the division as\nfollows: fifty percent of the amount expended for the operation and\nmaintenance of such programs and services.\n  5-a. The social services district responsible for reimbursement to the\nstate shall remain the same if during a period of placement or extension\nthereof, a child commits a criminal act while in a division facility,\nduring an authorized absence therefrom or after absconding therefrom and\nis returned to the division following adjudication or conviction for the\nact by a court with jurisdiction outside the boundaries of the social\nservices district which was responsible for reimbursement to the state\nprior to such adjudication or conviction.\n  6. Separate per diem rates shall be computed, as provided below, for\nall of the following categories of care reimbursable pursuant to this\nsection: institutional care in office of children and family services\nfacilities; foster care provided by the office of children and family\nservices; contracted programs and contracted services pursuant to\nsubdivision seven of section five hundred one of this article; programs\nprovided by the office of children and family services as alternatives\nto institutional care; aftercare supervision provided by the office;\nand, aftercare supervision provided by authorized agencies, other than\nthe office, on behalf of social services districts.\n  (a) No later than December thirty-first each year, the office of\nchildren and family services shall provide the speaker of the assembly,\nthe temporary president of the senate, and social services districts\nwith a detailed report on total cost and the operating capacity at\noffice of children and family services facilities during the prior\ncalendar year. Such report shall include but need not be limited to\ninformation on costs related to labor, physical plant maintenance and\nfood and utility expenditures as well as information on the maximum\nnumber of juveniles that can be placed in office facilities and staffing\nlevels at such facilities. Such report shall also include information on\njuveniles that have been moved from one facility to another during the\ncalendar year and shall name the facilities from which such juveniles\nwere moved and in which they were later placed. If the report provided\npursuant to this paragraph is based, in whole or in part, on an audit\nperformed on behalf of the office of children and family services, the\noffice of children and family services shall provide the state\nlegislature and social services districts with a copy of such audit at\nthe time it provides the report for the prior calendar year.\n  (b) The director of the division for youth, subject to approval of the\ndirector of the budget and certification to the chairmen of the senate\nfinance and assembly ways and means committees, shall compute a separate\nrate according to which all social services districts shall be\nreimbursed for care, maintenance and supervision provided by each\nauthorized agency; provided, however, the basic rate for each agency may\nbe supplemented or reduced to reflect cost variations attributable to\ntransportation, medical care and other direct costs.\n  (c) The director of the division for youth, subject to the approval of\nthe director of the budget and certification to the chairmen of the\nsenate finance and assembly ways and means committees, may establish a\nsingle per diem rate for all division facilities or may establish\nseparate rates as may be appropriate to reflect the differentials in\ncost of specific division programs.\n  8. The director of the division for youth may adopt, amend or rescind\nall rules and regulations, subject to the approval of the director of\nthe budget and certification to the chairmen of the senate finance and\nassembly ways and means committees, necessary to carry out the\nprovisions of this section, including those necessary to insure that\nreimbursement for care, maintenance and supervision in division and\nnon-division facilities is determined according to comparable criteria.\n  9. All reimbursement made by social services districts for care,\nmaintenance and supervision under this section shall be paid directly to\nthe state through the office of children and family services for deposit\ninto a miscellaneous special revenue fund known as the youth facility\nper diem account.\n
N.Y. PBA Law § 2879-C — New York Code / Act PBA / Article 9 / Title 4 / Section 2879-C
Iranian energy sector divestment
Status: in_force

§ 2879-c. Iranian energy sector divestment. 1. As used in this\nsection:\n  a. "Energy sector" shall have the same meaning as defined in paragraph\n(a) of subdivision one of section one hundred sixty-five-a of the state\nfinance law.\n  b. "Financial institution" shall have the same meaning as defined in\nparagraph (b) of subdivision one of section one hundred sixty-five-a of\nthe state finance law.\n  c. "Investment" shall have the same meaning as defined in paragraph\n(c) of subdivision one of section one hundred sixty-five-a of the state\nfinance law.\n  d. "Iran" shall have the same meaning as defined in paragraph (d) of\nsubdivision one of section one hundred sixty-five-a of the state finance\nlaw.\n  e. "Person" shall have the same meaning as defined in paragraph (e) of\nsubdivision one of section one hundred sixty-five-a of the state finance\nlaw.\n  2. For purposes of this section, a person engages in investment\nactivities in Iran if:\n  a. The person provides goods or services of twenty million dollars or\nmore in the energy sector of Iran, including a person that provides oil\nor liquefied natural gas tankers, or products used to construct or\nmaintain pipelines used to transport oil or liquefied natural gas, for\nthe energy sector of Iran; or\n  b. The person is a financial institution that extends twenty million\ndollars or more in credit to another person, for forty-five days or\nmore, if that person will use the credit to provide goods or services in\nthe energy sector in Iran.\n  3. Notwithstanding any other provision of this chapter or any other\nlaw to the contrary, no state or local public authority or an interstate\nor international authority, or subsidiary thereof, shall enter into any\ncontract for work or services performed or to be performed or goods sold\nor to be sold, with a person that is identified on a list created\npursuant to paragraph (b) of subdivision three of section one hundred\nsixty-five-a of the state finance law as a person engaging in investment\nactivities in Iran as described in subdivision two of this section.\n  4. Notwithstanding any other provision of this chapter or any other\nlaw to the contrary, every contract entered into with a state or local\npublic authority or an interstate or international authority for work or\nservices performed or to be performed or goods sold or to be sold, shall\ncontain the following statement subscribed by and affirmed by the person\nentering into the contract as true under the penalties of perjury:\n  a. "By signing this contract, each person and each person signing on\nbehalf of any other party certifies, and in the case of a joint bid or\npartnership each party thereto certifies as to its own organization,\nunder penalty of perjury, that to the best of its knowledge and belief\nthat each person is not on the list created pursuant to paragraph (b) of\nsubdivision 3 of section 165-a of the state finance law."\n  b. Notwithstanding paragraph a of this subdivision, the statement of\nnon-investment in the Iranian energy sector may be submitted\nelectronically.\n  c. A contract shall not be considered nor shall any contract be\nentered into where the condition set forth in paragraph a of this\nsubdivision has not been complied with; provided, however, that if in\nany case the person cannot make the foregoing certification, the person\nshall so state and shall furnish with the contract a signed statement\nwhich sets forth in detail the reasons therefor. A public authority may\naward or enter into a contract with a person who cannot make the\ncertification pursuant to paragraph a of this subdivision on a\ncase-by-case basis if:\n  (1) The investment activities in Iran were made before the effective\ndate of this section, the investment activities in Iran have not been\nexpanded or renewed after the effective date of this section, and the\nperson has adopted, publicized, and is implementing a formal plan to\ncease the investment activities in Iran and to refrain from engaging in\nany new investments in Iran; or\n  (2) The public authority makes a determination that the goods or\nservices are necessary for the public authority to perform its functions\nand that, absent such an exemption, the public authority would be unable\nto obtain the goods or services for which the contract is offered. Such\ndetermination shall be made in writing and shall be a public document.\n
N.Y. PBH Law § 450 — New York Code / Act PBH / Article 4 / Title 4 / Section 450
Directors of hospitals; qualifications and appointment
Status: in_force

§ 450. Directors of hospitals; qualifications and appointment. 1.\nThere shall be a director of each state hospital in the department, who\nshall be in the competitive class of civil service, and who shall be\nappointed by the commissioner.\n  2. The director shall possess the qualifications prescribed by law,\nor, if no such qualifications be prescribed, such qualifications as may\nbe prescribed in the sanitary code.\n  3. Before making the appointment of a director of a hospital, the\ncommissioner shall give notice of his intended action to the members of\nthe board of visitors, by registered mail, naming the person whom he\nproposes to appoint and his place of residence, and shall specify a day,\nnot less than ten days from the mailing of the notice, before which the\nboard of visitors may submit to the commissioner the objections of the\nboard of visitors, if any, to such appointment; and the person named\nshall not be appointed before such day, except in the case of an express\napproval by the board of visitors.\n  4. Subject to removal in the manner provided by law, the director of\neach hospital in the department now in office is hereby continued in\noffice.\n
N.Y. PBH Law § 4144 — New York Code / Act PBH / Article 41 / Title 4 / Section 4144
Deaths; burial and removal permits; transportation of remains
Status: in_force

§ 4144. Deaths; burial and removal permits; transportation of remains.\n1. The body of any person whose death occurs in this state, or which\nshall be found dead herein shall not be interred, deposited in a vault\nor tomb, cremated or otherwise disposed of, or removed from this state,\nor be temporarily held pending further disposition more than seventy-two\nhours after death, unless a permit for burial, removal, or other\ndisposition thereof shall have been properly issued by the registrar of\nvital statistics of the registration district in which the death\noccurred or the body was found; provided, however, that a licensed\nfuneral director may apply for and receive such permit on behalf of any\nperson or institution authorized by article forty-two or forty-three of\nthis chapter to receive unclaimed cadavers or anatomical gifts.\n  2. (a) No burial or removal permit shall be issued by any registrar\nuntil, wherever practicable, a complete and satisfactory certificate of\ndeath has been filed with him as provided in this article.\n  (b) The funeral director or undertaker who shall make any removal\nbefore a permit is issued by the registrar, shall return the body to the\nregistration district where death occurred, whenever the coroner,\nmedical examiner, or district attorney shall request such return of the\nbody for investigation or post-mortem examination.\n  (c) Except as specifically provided in this section, the existing\ngeneral duties of, and remuneration received by, local registrars in\naccepting and filing certificates of death and issuing burial and\nremoval permits pursuant to any statute or regulation shall be\nmaintained, and not altered or abridged in any way by this section.\n  3. No registrar of vital statistics shall receive any fee for the\nissuance of burial or removal permits under this chapter except as\nreferenced by section forty-one hundred forty-eight of this title and\nother than the compensation provided in this article.\n  4. When the body of a deceased person is transported from outside of\nthe state into a registration district in this state for burial or other\ndisposition, the transit or removal permit issued in accordance with the\nlaw and health regulations of the place where the death occurred shall\nbe given the same force and effect as the burial permit herein provided\nfor.\n  5. If the interment, or other disposition of the body of a deceased\nperson is to be made within the state, the wording of the burial or\nremoval permit may be limited to a statement by the registrar, and over\nhis signature, that a satisfactory certificate of death, having been\nfiled with him, as required by law, permission is granted to inter,\nremove or otherwise dispose of the body, stating the name, age, sex,\ncause of death, and other necessary details in a manner and format as\nmay be required by the commissioner.\n  6. Notwithstanding any other provision of law, the commissioner shall\nhave power to promulgate rules with reference to the removal of bodies\nof persons whose deaths occur on trains, boats or other carriers engaged\nin the transportation of persons within this state, and with reference\nto the removal of bodies as provided herein.\n
N.Y. BNK Law § 4001-B — New York Code / Act BNK / Article 15 / Title 4 / Section 4001-B
Formation of limited liability trust companies
Status: in_force

§ 4001-b. Formation of limited liability trust companies. 1.\nNotwithstanding the provisions of section four thousand one of this\ntitle and when authorized by the superintendent as provided in article\ntwo of this chapter, five or more persons may form a limited liability\ntrust company pursuant to the provisions of article three of this\nchapter. Such person or persons shall subscribe and acknowledge the\narticles of organization in duplicate, which shall specifically state:\n  (a) the name by which the limited liability trust company is to be\nknown;\n  (b) the place where its office is to be located;\n  (c) the amount of its capital contributions;\n  (d) if the company is to have classes or groups of members, the\nrelative rights, powers, preferences, limitations, and voting powers of\neach such class or group;\n  (e) the names and places of residence of the persons forming the\ncompany;\n  (f) the duration of the company;\n  (g) the number of managers charged with the management of the company\nas its board, provided that such number shall be in accordance with the\nrequirements set forth in section seven thousand two of this article;\nand\n  (h) the names of the persons who shall manage the company until the\nfirst annual meeting of the members, provided that such persons must\npossess the qualifications as to citizenship and residence specified in\nsection seven thousand one of this article.\n  2. No limited liability trust company shall be authorized to exercise\nthe powers set forth in this chapter or the limited liability company\nlaw unless its capital contributions amount to not less than the amounts\nprescribed by the superintendent.\n
N.Y. EDN Law § 3019-A — New York Code / Act EDN / Title 4 / Article 61 / Section 3019-A
Notice of termination of service by teachers
Status: in_force

§ 3019-a. Notice of termination of service by teachers.  A teacher who\ndesires to terminate his services to a school district at any time,\nshall file a written notice thereof with the school authorities of such\nschool district or with the board of cooperative educational services or\ncounty vocational education and extension board at least thirty days\nprior to the date of such termination of services.  School authorities\nor such boards which desire to terminate the services of a teacher\nduring the probationary period shall give a written notice thereof to\nsuch teacher at least thirty days prior to the effective date of such\ntermination of services.\n
N.Y. PBA Law § 1697*2 — New York Code / Act PBA / Article 8 / Title 4-A* / Section 1697*2
Withdrawal of designation of small business set-asides
Status: in_force

* § 1697. Withdrawal of designation of small business set-asides. If\nthe total number of small businesses responding to the invitation to bid\nand considered capable of meeting the specifications and terms of the\ninvitation to bid is less than three, or if the chairman determines that\nacceptance of the best bid will result in the payment of an unreasonable\nprice, the chairman shall reject all bids and withdraw the designation\nof small business set-aside.\n  If the chairman withdraws the designation of small business set-aside\nit shall notify the bidders of the reason why the bids were rejected.\nInvitations to bid containing the same or rewritten specifications and\nterms shall then be re-issued as otherwise so provided under this title,\nwithout the designation of small business set-aside.\n  * NB There are 2 § 1697's\n
N.Y. PBH Law § 3345 — New York Code / Act PBH / Article 33 / Title 4 / Section 3345
Possession of controlled substances by ultimate users original container
Status: in_force

§ 3345. Possession of controlled substances by ultimate users original\ncontainer.  Except for the purpose of current use by the person or\nanimal for whom such substance was prescribed or dispensed, it shall be\nunlawful for an ultimate user of controlled substances to possess such\nsubstance outside of the original container in which it was dispensed.\n  Violation of this provision shall be an offense punishable by a fine\nof not more than fifty dollars.\n
N.Y. PBA Law § 3566 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3566
Tax exemption and tax contract by the state
Status: in_force

§ 3566. Tax exemption and tax contract by the state.  1.  It is hereby\ndetermined that the creation of the corporation and the fulfillment of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\ncorporation shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the corporation shall not be required to pay any fees, taxes,\nspecial ad valorem levies or assessments of any kind, except as provided\npursuant to the public health law, whether state or local, including but\nnot limited to fees, taxes, special ad valorem levies or assessments on\nreal property, franchise taxes, sales taxes, transfer taxes, mortgage\ntaxes or other taxes, upon or with respect to any property owned by it\nor under its jurisdiction, control or supervision, or upon the uses\nthereof, or upon or with respect to its activities or operations in\nfurtherance of the powers conferred upon it by this title, or upon or\nwith respect to any fares, tolls, rentals, rates, charges, fees,\nrevenues or other income received by the corporation.  Provided however,\nthat the corporation shall continue to pay any fee, charge, assessment\nor payment in lieu of taxes which had been heretofore paid by the state\nin conjunction with the operation of Roswell Park Cancer Institute at\nthe effective date of transfer.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be free from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the corporation\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the corporation issued pursuant\nto this title and the income therefrom shall at all times be free from\ntaxation.\n  4. The corporation may pay, or may enter into agreements with any\nmunicipality to pay, a sum or sums annually or otherwise or to provide\nother considerations with respect to real property owned by the\ncorporation located within such municipality.\n
N.Y. PBA Law § 1078-E — New York Code / Act PBA / Article 5 / Title 4 / Section 1078-E
Acquisition by eminent domain
Status: in_force

§ 1078-e. Acquisition by eminent domain. Notwithstanding any provision\nof the eminent domain procedure law to the contrary, in any proceeding\nbrought by the authority pursuant to such law, title shall vest in the\nauthority and compensation shall be paid only (a) upon a decision by the\nsupreme court that compensation for the real property so condemned shall\nbe determined solely by the income capitalization method of valuation,\nbased on the actual net income as allowed by the public service\ncommission, and (b) upon such court's determination of the amount of\nsuch compensation, based upon the income capitalization method, entry of\nthe final judgment, the filing of the final decree, and the conclusion\nof any appeal or expiration of the time to file an appeal related to the\ncondemnation proceeding. If any court shall utilize any method of\ncompensation other than the income capitalization method, or if the\nproposed compensation is more than the rate base of the assets taken in\ncondemnation as utilized by the public service commission in setting\nrates and as certified by the public service commission, the authority\nmay withdraw the condemnation proceeding without prejudice or costs to\nany party.\n
N.Y. EDN Law § 3017 — New York Code / Act EDN / Title 4 / Article 61 / Section 3017
Individual liability of trustees
Status: in_force

§ 3017. Individual liability of trustees.  Any person employed in\ndisregard of section three thousand eleven or of section three thousand\nsixteen shall have no claim for wages against the district, but may\nenforce the specific contract made against the trustees or board of\neducation consenting to such employment as individuals.\n
N.Y. VAT Law § 417-C — New York Code / Act VAT / Title 4 / Article 16 / Section 417-C
Mandatory disclosures by sellers prior to resale
Status: in_force

§ 417-c. Mandatory disclosures by sellers prior to resale. 1.\nCertificate of prior nonconformity by manufacturer or dealer. Upon the\nsale or transfer of title by a manufacturer, its agent or any dealer of\nany second-hand fire vehicle or ambulance, previously returned to a\nmanufacturer or dealer for nonconformity to its warranty or after final\ndetermination, adjudication or settlement pursuant to section one\nhundred nine-d of the general municipal law, the manufacturer or dealer\nshall execute and deliver to the buyer an instrument in writing in a\nform prescribed by the commissioner setting forth the following\ninformation printed in conspicuous in ten point, all capital type:\n"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER\nBECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION\nWAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK LAW."\nSuch notice that a vehicle was returned to the manufacturer or dealer\nbecause it did not conform to its warranty shall also be conspicuously\nprinted on the motor vehicle's certificate of title.\n  2. Violation. The failure of a manufacturer or dealer to deliver to\nthe buyer the instrument required by this section or the delivery of an\ninstrument containing false or misleading information shall constitute a\nviolation of this section.\n  3. Private remedy. A consumer injured by a violation of this section\nmay bring an action to recover damages. Judgment may be entered for\nthree times the actual damages suffered by a consumer or one hundred\ndollars, whichever is greater. A court also may award reasonable\nattorneys' fees to a prevailing plaintiff buyer.\n  4. Action by the attorney general. a. Upon any violation of this\nsection, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of the\nviolation. If it shall appear to the satisfaction of the court or\njustice that the defendant has violated this section, an injunction may\nbe issued by the court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding, the court may award\na sum not exceeding two thousand dollars against each defendant, whether\nor not costs have been awarded, and direct restitution.\n  b. Whenever the court shall determine that a violation of this section\nhas occurred, it may impose a civil penalty of not more than one\nthousand dollars for each violation. In connection with an application\nmade under this subdivision, the attorney general is authorized to take\nproof and to make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n
N.Y. PBH Law § 3334 — New York Code / Act PBH / Article 33 / Title 4 / Section 3334
Emergency oral prescriptions for schedule II drugs and certain other controlled substances
Status: in_force

§ 3334. Emergency oral prescriptions for schedule II drugs and certain\nother controlled substances. 1. In an emergency situation, as defined by\nrule or regulation of the department, a practitioner may orally\nprescribe and a pharmacist may dispense to an ultimate user controlled\nsubstances in schedule II and those schedule III or schedule IV\ncontrolled substances as the commissioner may, by regulation, require;\nprovided however the pharmacist shall:\n  (a) contemporaneously reduce such prescription to writing or to the\nextent authorized by federal requirements, to an electronic record;\n  (b) dispense the substance in conformity with the labeling\nrequirements applicable to the type of prescription which would be\nrequired but for the emergency; and\n  (c) make a good faith effort to verify the practitioner's identity, if\nthe practitioner is unknown to the pharmacist.\n  2. No oral prescription shall be filled for a quantity of controlled\nsubstances which would exceed a five day supply if the substance were\nused in accordance with the directions for use.\n  3. Within seventy-two hours after authorizing an emergency oral\nprescription, the prescribing practitioner shall cause to be delivered\nto the pharmacist the original of an official New York state\nprescription or an electronic prescription. Such prescription shall, in\naddition to the information otherwise required, also have upon the\nofficial New York state prescription or upon the electronic prescription\nthe words: "Authorization for emergency dispensing." If the pharmacist\nfails to receive such prescription he or she shall notify the department\nin writing or electronically within seven days from the date of\ndispensing the substance.\n  4. Such official New York state prescription or electronic\nprescription shall be endorsed, and retained and filed in the same\nmanner as is otherwise required for such prescriptions.\n
N.Y. PBA Law § 2603-A — New York Code / Act PBA / Article 9 / Title 4 / Section 2603-A
Letting of certain contracts involving steel products
Status: in_force

§ 2603-a. Letting of certain contracts involving steel products. 1.\nNotwithstanding any other provision of law, all public authorities shall\naward contracts involving steel products as follows:\n  a. All purchase contracts for supplies, material or equipment\ninvolving an estimated expenditure in excess of fifty thousand dollars\nshall require with respect to materials, supplies and equipment made of,\nfabricated from, or containing steel components, that such steel\ncomponents be produced or made in whole or substantial part in the\nUnited States, its territories or possessions. The provisions of this\nparagraph shall not apply to motor vehicles and automobile equipment\nassembled in Canada in conformity with the United States-Canadian trade\nagreements known as the "Automotive Products Trade Act of 1965" or any\namendments thereto.\n  b. All contracts in excess of one hundred thousand dollars for the\nconstruction, reconstruction, alteration, repair, maintenance or\nimprovement of public works shall require that all structural steel,\nreinforcing steel or other major steel items to be incorporated in the\nwork of the contract shall be produced or made in whole or substantial\npart in the United States, its territories or possessions.\n  2. Notwithstanding the provisions of subdivision one of this section,\nall contracts over one million dollars in value made and awarded by the\ndormitory authority, the metropolitan transportation authority, the\nbridge authority or the thruway authority, on its account or for the\nbenefit of a state agency or authority, for the construction,\nreconstruction, alteration, repair, maintenance or improvement of any\nroad or bridge, shall contain a provision that the structural iron and\nstructural steel used or supplied in the performance of the contract or\nany subcontract thereto and permanently incorporated into the surface\nroad or bridge shall be produced or made in whole or substantial part in\nthe United States, its territories or possessions. In the case of a\nstructural iron or structural steel product all manufacturing must take\nplace in the United States, from the initial melting stage through the\napplication of coatings, except metallurgical processes involving the\nrefinement of steel additives. For purposes of this section,\n"permanently incorporated" shall mean an iron or steel product that is\nrequired to remain in place at the end of the project contract, in a\nfixed location, affixed to the public work to which it was incorporated.\nIron and steel products that are capable of being moved from one\nlocation to another are not permanently incorporated into a public\nbuilding or public work.\n  3. The provisions of this section shall not apply if the governing\nboard or body of such public authority, in its discretion, determines\nthat such provisions would result in unreasonable costs or that such\niron, steel products or steel components including without limitation\nstructural iron and steel; cannot be produced or made in the United\nStates in sufficient and reasonably available quantities or of\nsatisfactory quality or design, or would result in the loss or reduction\nof federal funding for the subject contract or the ability to obtain\nsuch federal funding would be limited or jeopardized by compliance with\nthis section; or there is an immediate or emergency need existing for\nsuch structural iron, structural steel products or structural steel\ncomponents; or such steel or iron is not manufactured in the United\nStates in sufficient and reasonably available quantities or of\nsatisfactory quality or design to meet the authority's requirements; or\nobtaining for such iron, steel products or steel components in the\nUnited States would increase the cost of the contract by an unreasonable\namount; or for such iron, steel products or steel components is\nnecessary for the operation of or repairs of critical infrastructure\nthat is necessary to avoid a delay in the delivery of critical services\nthat could compromise the public welfare; or a reciprocal trade\nagreement or treaty has been negotiated by the state or by the United\nStates government on behalf of or including this state with a foreign\nnation or government for nondiscriminatory governmental procurement\npractices or policies with such foreign nation or government.\n  4. Nothing in this section is intended to contravene any existing\ntreaties, laws, trade agreements, or regulations of the United States or\nsubsequent trade agreements entered into between any foreign countries\nand the state or the United States.\n  5. Any authority subject to the provisions of this section shall be\nauthorized to establish rules and regulations for the effective\nadministration of this section, provided however, nothing in this\nsection shall be interpreted to require a contractor to certify that the\niron or steel used in a road or bridge pursuant to this section is made\nin whole or in substantial part in the United States.\n
N.Y. RPT Law § 585 — New York Code / Act RPT / Article 5 / Title 4-A / Section 585
Taxation or exemption of watershed agricultural easements
Status: in_force

§ 585. Taxation or exemption of watershed agricultural easements. 1.\nAny watershed agricultural easement acquired before January first, two\nthousand eleven shall be exempt from taxation on any assessment roll on\nwhich the land subject to the easement qualifies for and receives an\nagricultural assessment pursuant to article twenty-five-AA of the\nagriculture and markets law.\n  2. Any watershed agricultural easement that burdens land which does\nnot receive an agricultural assessment pursuant to article\ntwenty-five-AA of the agriculture and markets law or which is acquired\non or after January first, two thousand seventeen shall be subject to\ntaxation for all purposes. The taxes levied on such easement shall be\nlevied as provided in this title.\n
N.Y. RPT Law § 499-AA — New York Code / Act RPT / Article 4 / Title 4-A / Section 499-AA
Definitions
Status: in_force

§ 499-aa. Definitions. When used in this title, the following terms\nshall mean or include:\n  1. "Abatement base." The lesser of (i) two dollars and fifty cents of\nthe tax liability per square foot or (ii) fifty per centum of the tax\nliability per square foot; provided, however, that with respect to a\nlease commencing on or after April first, nineteen hundred ninety-seven,\nthe abatement base shall equal the tax liability per square foot subject\nto a maximum of two dollars and fifty cents per square foot.\n  2. "Abatement zone." (a) Any area of a city having a population of one\nmillion or more, provided that in the city of New York the abatement\nzone shall be any district that is zoned C4, C5 or C6 in accordance with\nthe zoning resolution of such city in the borough of Manhattan north of\nthe center line of 96th Street or in the boroughs of the Bronx,\nBrooklyn, Queens or Staten Island.\n  (b) In addition to the abatement zone set forth in paragraph (a) of\nthis subdivision, in the city of New York the abatement zone shall be\nany district that is zoned C4, C5, C6, M1, M2 or M3 in accordance with\nthe zoning resolution of such city in any area of such city except the\narea lying south of the center line of 96th Street in the borough of\nManhattan.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, the abatement zone shall also include the special garment\ncenter district as defined by chapter 1 of article XII of the zoning\nresolution of the city of New York.\n  (d) Any tax lot that is partly located inside an abatement zone shall\nbe deemed to be entirely located inside such zone.\n  3. "Aggregate floor area." The sum of the gross areas of the several\nfloors of a building, measured from the exterior faces of exterior walls\nor from the center lines of walls separating two buildings.\n  4. "Applicant." The landlord and the tenant.\n  5. "Benefit period." The period commencing with the first day of the\nmonth immediately following the rent commencement date and terminating\nno later than sixty months thereafter, provided, however, that with\nrespect to a lease commencing on or after April first, nineteen hundred\nninety-seven with an initial lease term of less than five years, but not\nless than three years, the period commencing with the first day of the\nmonth immediately following the rent commencement date and terminating\nno later than thirty-six months thereafter, and provided, further,\nhowever, that with respect to a lease commencing on or after July first,\ntwo thousand five for eligible premises defined in subparagraph (ii) of\nparagraph (b) or paragraph (c) of subdivision ten of this section with\nan initial lease term of not less than three years, the period\ncommencing with the first day of the month immediately following the\nrent commencement date and terminating no later than one hundred twenty\nmonths thereafter. Notwithstanding the foregoing sentence, a benefit\nperiod shall expire no later than March thirty-first, two thousand\nseven, provided, however, that with respect to a lease commencing on or\nafter July first, two thousand for eligible premises defined in\nsubparagraph (i) of paragraph (b) of subdivision ten of this section, a\nbenefit period shall expire no later than June thirtieth, two thousand\nsixteen, provided, further, however that with respect to a lease\ncommencing on or after July first, two thousand five for eligible\npremises defined in subparagraph (ii) of paragraph (b) or paragraph (c)\nof subdivision ten of this section, a benefit period shall expire no\nlater than June thirtieth, two thousand twenty.\n  6. "Billable assessed value." The lesser of the taxable transitional\nor the taxable actual assessed value of the eligible building and the\nland on which the eligible building is located for the fiscal year in\nwhich the benefit period commences, as computed pursuant to subdivision\nthree of section one thousand eight hundred five of this chapter.\n  7. "Department of finance." The department of finance of any city\nhaving a population of one million or more.\n  8. "Eligible building." (a) With respect to the abatement zone defined\nin paragraph (a) of subdivision two of this section, a non-residential\nor mixed-use building that has an aggregate floor area of twenty-five\nthousand square feet or more and that received its initial certificate\nof occupancy or initial temporary certificate of occupancy prior to\nJanuary first, nineteen hundred seventy-five; provided that if no\ncertificate of occupancy was required at the time the building was\nconstructed, other proof acceptable to the department of finance is\nsubmitted that demonstrates that the building was constructed prior to\nJanuary first, nineteen hundred seventy-five; and provided further that\neligible building shall not include any building owned by a governmental\nagency. Each condominium unit in a building that meets the requirements\nof this subdivision shall be considered a separate eligible building.\n  (b) With respect to the abatement zone defined in paragraph (b) of\nsubdivision two of this section for eligible premises defined in\nsubparagraph (i) of paragraph (b) of subdivision ten of this section, a\nnon-residential or mixed-use building that has an aggregate floor area\nof twenty-five thousand square feet or more and that received its\ninitial certificate of occupancy or initial temporary certificate of\noccupancy prior to January first, nineteen hundred ninety-nine; provided\nthat if no certificate of occupancy was required at the time the\nbuilding was constructed, other proof acceptable to the department of\nfinance is submitted that demonstrates that the building was constructed\nprior to January first, nineteen hundred ninety-nine; and provided\nfurther that eligible building shall not include any building owned by a\ngovernmental agency. Each condominium unit in a building that meets the\nrequirements of this subdivision shall be considered a separate eligible\nbuilding.\n  (c) With respect to the abatement zone defined in paragraph (b) of\nsubdivision two of this section for eligible premises defined in\nsubparagraph (ii) of paragraph (b) of subdivision ten of this section\nand the abatement zone defined in paragraph (c) of subdivision two of\nthis section, a non-residential building; provided that eligible\nbuilding shall not include any building owned by a governmental agency.\nEach condominium unit in a building that meets the requirements of this\nsubdivision shall be considered a separate eligible building.\n  9. "Eligibility period." The period commencing April first, nineteen\nhundred ninety-five and terminating March thirty-first, two thousand\none, provided, however, that with respect to eligible premises defined\nin subparagraph (i) of paragraph (b) of subdivision ten of this section,\nthe period commencing July first, two thousand and terminating June\nthirtieth, two thousand twenty-eight, and provided, further, however,\nthat with respect to eligible premises defined in subparagraph (ii) of\nparagraph (b) or paragraph (c) of subdivision ten of this section, the\nperiod commencing July first, two thousand five and terminating June\nthirtieth, two thousand twenty-eight.\n  10. "Eligible premises." (a) With respect to the abatement zone\ndefined in paragraph (a) of subdivision two of this section, premises\nlocated in an eligible building that (a) are occupied or used as offices\n(including ancillary uses) or are occupied or used as retail space and\n(b) are occupied or used by a tenant under a lease that meets the\neligibility requirements of section four hundred ninety-nine-cc of this\ntitle, provided, however, that premises occupied or used as retail space\nshall not be eligible premises unless located in an eligible building\nthe premises of which are occupied or used primarily as offices\n(including ancillary uses);\n  (b) With respect to the abatement zone defined in paragraph (b) of\nsubdivision two of this section, premises located in an eligible\nbuilding that are (i) occupied or used as offices (including ancillary\nuses) or are occupied or used for other lawful commercial business\nactivities, but not premises occupied or used as retail space or for\nhotel or residential purposes; or (ii) occupied or used for industrial\nand manufacturing activities (including ancillary uses), but not\npremises occupied or used for hotel or residential purposes; and\n  (c) With respect to the abatement zone defined in paragraph (c) of\nsubdivision two of this section, premises located in an eligible\nbuilding that are occupied or used for industrial and manufacturing\nactivities (including ancillary uses), but not premises occupied or used\nfor hotel or residential purposes.\n  (d) Notwithstanding the provisions of subparagraph (ii) of paragraph\n(b) or paragraph (c) of this subdivision, premises located in an\neligible building shall not be eligible for the tax abatement granted\npursuant to subdivision one-b of section four hundred ninety-nine-bb of\nthis title unless at least fifty percent of the aggregate floor area of\nsuch premises is occupied or used for industrial and manufacturing\nactivities (exclusive of ancillary uses) as defined in subdivision\nfourteen-a of this section.\n  (e) For eligible premises defined in subparagraph (ii) of paragraph\n(b) or paragraph (c) of this subdivision, retail space shall be (i)\noccupied solely by the tenant of such eligible premises who has applied\nfor and receives a tax abatement pursuant to this title and (ii) used\nfor the purpose of selling or servicing the products of such tenant.\nSuch retail space shall not be deemed to be occupied or used for\nindustrial and manufacturing activities for purposes of paragraph (d) of\nthis subdivision.\n  11. "Expansion premises." Eligible premises leased by an expansion\ntenant to accommodate additional employees.\n  12. "Expansion tenant." A person who (a) occupies premises in an\neligible building under a lease which does not expire during the\neligibility period and (b) executes a lease for expansion premises in\nsuch eligible building or in another eligible building which lease meets\nthe eligibility requirements of section four hundred ninety-nine-cc of\nthis title. For purposes of determining whether expansion premises are\nlocated in the same or in another eligible building, the last sentence\nof subdivision eight of this section shall not be applicable.\n  13. "Fiscal year." The fiscal year of any city having a population of\none million or more.\n  14. "Governmental agency." The United States of America or any agency\nor instrumentality thereof, the state of New York, the city of New York,\nany public corporation (including a body corporate and politic created\npursuant to agreement or compact between the state of New York and any\nother state), public benefit corporation, public authority or other\npolitical subdivision of the state.\n  14-a. "Industrial and manufacturing activities." Activities involving\nthe assembly of goods to create a different article, or the processing,\nfabrication, or packaging of goods. Industrial and manufacturing\nactivities shall not include waste management or utility services.\n  15. "Landlord." Any person who (a) controls all non-residential\nportions of an eligible building, including, without limitation, the\nrecord owner, the lessee under a ground lease, any mortgagee in\npossession or any receiver, and (b) who grants the right to use or\noccupy eligible premises to any tenant, provided that landlord shall not\ninclude any lessee who at any time during the lease term occupied or\nused or occupies or uses any part of the non-residential portions of\nsuch eligible building, other than premises occupied or used by such\nlessee to provide rental or management services to such building.\n  16. "Lease commencement date." The date set forth in the lease on\nwhich the term of the lease commences.\n  17. "Mixed-use building." A building used for both residential and\ncommercial purposes, provided that more than twenty-five per centum of\nthe aggregate floor area of such building is used or held out for use as\ncommercial, community facility or accessory use space.\n  18. "New tenant." A person who (a) (i) is relocating or expanding from\npremises in a relocation area to eligible premises, or (ii) occupies\npremises in an eligible building under a lease which expires during the\neligibility period and is relocating or expanding to eligible premises,\nor (iii) occupies premises in the abatement zone in a building which is\nnot an eligible building and is relocating or expanding to eligible\npremises, or (iv) does not occupy any premises immediately prior to\nexecuting a lease for eligible premises, or (v) is an owner of a\nbuilding in the abatement zone who is relocating or expanding to\neligible premises, and (b) executes a lease which meets the eligibility\nrequirements of section four hundred ninety-nine-cc of this title.\n  19. "Person." An individual, corporation, limited liability company,\npartnership, association, agency, trust, estate, foreign or domestic\ngovernment or subdivision thereof, or other entity.\n  20. "Relocation area." Any area except the abatement zone as defined\nin subdivision two of this section.\n  21. "Renewal tenant." A person who (a) occupies premises in an\neligible building under a lease which expires during the eligibility\nperiod and (b) executes a lease for the continued occupancy of all or\npart of such premises or all or part of such premises and additional\npremises in such eligible building, provided such premises are eligible\npremises and such lease meets the eligibility requirements of section\nfour hundred ninety-nine-cc of this title.\n  22. "Rent commencement date." The date set forth in the lease on which\nthe obligation to pay basic fixed rent shall commence.\n  23. "Subtenant." A person whose right to occupy and use the eligible\npremises is not derived from a lease with the landlord.\n  24. "Tax commission." The tax commission in any city having a\npopulation of one million or more.\n  25. "Tax liability." The product obtained by multiplying the billable\nassessed value for the fiscal year in which the benefit period commences\nby the tax rate applicable to the eligible building for such fiscal year\nas set by the local legislative body of any city having a population of\none million or more.\n  26. "Tax liability per square foot." The tax liability divided by the\ntotal number of square feet in the eligible building, as listed on the\nrecords of the department of finance.\n  27. "Tenant." A person (including any successors in interest) who\nexecutes a lease with the landlord for the right to occupy or use the\neligible premises and who occupies or uses the eligible premises\npursuant to such lease. Tenant shall not include any subtenant. When\nused in this title, "tenant" includes "expansion tenant", "new tenant"\nand "renewal tenant."\n  28. "Tenant's percentage share." (a) For eligible premises defined in\nparagraph (a) or subparagraph (i) of paragraph (b) of subdivision ten of\nthis section, the percentage of the eligible building's aggregate floor\narea allocated to the eligible premises, which shall be presumed to be\nsuch percentage as set forth in the lease for the eligible premises;\nprovided that where the eligible premises includes expansion premises,\nthe "tenant's percentage share" shall be calculated on the basis of the\npercentage of the eligible building's aggregate floor area allocated\nsolely to the expansion premises.\n  (b) For eligible premises defined in subparagraph (ii) of paragraph\n(b) or paragraph (c) of subdivision ten of this section, the percentage\nof the eligible building's aggregate floor area allocated to the\neligible premises to be occupied or used for industrial and\nmanufacturing activities, as defined in subdivision fourteen-a of this\nsection; provided that where the eligible premises includes expansion\npremises, the "tenant's percentage share" shall be calculated on the\nbasis of the eligible building's aggregate floor area allocated solely\nto expansion premises to be occupied or used for industrial and\nmanufacturing activities.\n
N.Y. VAT Law § 404-W*2 — New York Code / Act VAT / Title 4 / Article 14 / Section 404-W*2
Distinctive plates for Persian Gulf veterans
Status: in_force

* § 404-w. Distinctive plates for Persian Gulf veterans. 1. Any\nPersian Gulf veteran or the spouse of any such veteran shall, upon\nrequest, be issued a license plate bearing the words "Persian Gulf\nVeteran". If a distinctive plate is issued to a veteran pursuant to this\nsection, such a distinctive plate shall not be issued to the spouse of\nsuch veteran.  Application for said license plate shall be filed with\nthe commissioner in such form and detail as the commissioner shall\nprescribe.\n  2. The distinctive plate authorized in subdivision one of this section\nshall be issued upon proof, satisfactory to the commissioner, that the\napplicant or the spouse of the applicant is a Persian Gulf veteran.\n  3. For the purposes of this section, "Persian Gulf veteran" shall mean\na person who is a resident of this state, who served in the armed forces\nof the United States in the hostilities that occurred in the Persian\nGulf from the second day of August, nineteen hundred ninety to the end\nof such hostilities, and was (a) honorably discharged from the military,\nor (b) has a qualifying condition, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, or (c) is a discharged LGBT\nveteran, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service.\n  4. A distinctive plate issued pursuant to this section shall be issued\nin the same manner as other number plates upon payment of the regular\nregistration fee prescribed by section four hundred one of this article\nprovided, however, that an additional one time service charge of ten\ndollars shall be charged for such plate.\n  5. Nothing contained herein shall require the issuance of a special\nnumber plate under this section unless the commissioner is satisfied\nthat the aggregate amount of annual service charges collected pursuant\nto subdivision four of this section will be sufficient to recover the\ncosts of the design and manufacture of such special plates.\n  * NB There are 2 § 404-w's\n