N.Y. VAT Law § 1681 — New York Code / Act VAT / Title 8 / Article 44 / Section 1681
State traffic-control devices
Status: in_force

§ 1681. State traffic-control devices. (a) The department of\ntransportation shall order the installation, operation, maintenance and\nremoval of such traffic-control devices, conforming to its manual and\nspecifications, upon all state highways maintained by the state or on\nany highway intersecting a state highway maintained by the state on the\napproach to such intersection as it may deem necessary to indicate and\nto carry out the provisions of this chapter or to regulate, warn, or\nguide traffic, and elsewhere as specifically authorized by this chapter.\n  (b) The department of transportation may order the erection and\nmaintenance of suitable directional signs upon the streets of cities and\nvillages and upon county roads and town highways outside of cities and\nvillages within the state, to facilitate through traffic, provided\nconsent therefor is first obtained from the local authorities of the\ncity, village or town or the county superintendent of highways.\n  (c) Except as otherwise provided the cost of providing, erecting,\nmaintaining and removing traffic-control devices ordered by the\ndepartment of transportation shall be paid from any moneys available for\nthe maintenance, repair or reconstruction of state highways upon\nvouchers approved by the department of transportation. However, the work\nof providing, erecting and removing such traffic-control devices may be\nperformed by contract in the same manner as provided for state highways\nin article three of the highway law, or, by the use of department of\ntransportation forces and equipment and all materials purchased\ntherefor, or by a combination of such methods, and the cost of such work\nmay be paid from such moneys available for the construction of state\nhighways. Except as herein provided, nothing shall be paid from such\nmoneys for providing, erecting or maintaining traffic-control signals or\nflashing signals used in connection with regulating traffic upon a\nhighway under the jurisdiction of the department of transportation at\nentrances to private property, and nothing shall be paid from such\nmoneys for maintaining traffic-control signals or flashing signals used\nin connection with regulating traffic upon a highway under the\njurisdiction of the department of transportation at entrances to\nschools. Upon determination by the department of transportation of the\nneed for such a signal, the department of transportation may permit any\nperson, firm, association, corporation or public body to provide and\nerect such signal in accordance with standards and specifications\nestablished by the department of transportation. The department of\ntransportation may require that some or all of the control equipment\nused in the signal construction be supplied by the state to ensure\nequipment quality and compatibility with state practices and the cost of\nsuch furnished equipment shall be reimbursed to the state by the party\nreceiving permission to provide and erect the signal.\n  All signals erected on or after the first day of April, nineteen\nhundred eighty-six with permission of the department of transportation\nand in accordance with the standards and specifications established by\nthe department of transportation shall be maintained by the state. The\nparty which erected such signals shall pay the state an annual fee to be\ndetermined by the commissioner of transportation. Such fees shall cover\nthe cost of normal signal maintenance, but shall not include the cost of\nelectrical energy or major modifications or replacements which shall\nremain the responsibility of the party which erected the signal. The\ndepartment of transportation may, in its discretion, agree to assume the\nsame maintenance responsibility for signals erected with the permission\nof the department of transportation prior to the first day of April,\nnineteen hundred eighty-six, if the department of transportation\ndetermines that such signal substantially meets established standards\nand is in a satisfactory state of repair. The party which erected such\nsignals shall also pay the state an annual fee which shall be calculated\nin the same manner as fees for signals erected on or after the first day\nof April, nineteen hundred eighty-six.\n  No such traffic signal or flashing signal erected with permission of\nthe department of transportation shall be removed except with the\nwritten consent of the department of transportation.\n  The department of transportation shall have the right to revoke its\npermission to provide, erect or maintain such a signal and shall have\nthe right to require that the signal be removed without a hearing or\nnecessity of showing cause.\n  (d) Signs posting speed limits established on county roads and town\nhighways as provided for in subdivision one of section sixteen hundred\ntwenty-two, and traffic-control devices posting traffic regulations on\nthe grounds of state departments and certain state institutions as\nprovided for in sections sixteen hundred twenty-three and sixteen\nhundred twenty-seven shall be provided, installed and maintained at\ntheir own expense by the county, town, state or state institution\nrespectively. Signs posting speed limits established as provided for in\nsubdivision two of section sixteen hundred twenty-two shall be provided,\ninstalled and maintained at its own expense by the town.\n  (e) Except as otherwise provided for in section sixteen hundred\neighty-two no state agency, local authority or person shall place or\nmaintain any traffic-control device upon any state highway maintained by\nthe state except by permission of the department of transportation.\n
N.Y. PBA Law § 1199-KKKK — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-KKKK
Moneys of the authority
Status: in_force

* § 1199-kkkk. Moneys of the authority. All monies of the authority\nfrom whatever source derived shall be paid to the treasurer of the\nauthority and shall be deposited forthwith in a bank or banks designated\nby the authority. The monies in such accounts shall be paid out on check\nof the treasurer upon requisition by such person or persons as the\nauthority may authorize to make such requisitions. All deposits of such\nmonies shall be secured by obligations of the United States or of the\nstate or of any municipality of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. To the extent practicable,\nconsistent with the cash requirements of the authority, all such monies\nshall be deposited in interest bearing accounts. The authority shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any monies of the authority or any monies held\nin trust or otherwise for the payment of bonds or any way to secure\nbonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such monies may be secured in the same\nmanner as monies of the authority and all banks and trust companies are\nauthorized to give such security for such deposits. Any monies of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provision of section ninety-eight-a of the state finance\nlaw. Subject to the provisions of any contract with bond holders and\nwith the approval of the state comptroller, the authority shall\nprescribe a system of accounts.\n  * NB There are 2 § 1199-kkkk's\n
N.Y. LFN Law § 106.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 106.00
When debt-contracting power of certain counties and towns shall cease
Status: in_force

§ 106.00 When debt-contracting power of certain counties and towns\nshall cease.  a. Whenever the boundaries of any city are the same as\nthose of a county, or when any city includes within its boundaries more\nthan one county, the power of any county wholly included within such\ncity to contract indebtedness shall cease.\n  b. Whenever the boundaries of any village are the same as those of a\ntown, or when any village includes within its boundaries a town, the\npower of any town wholly included within such village to contract\nindebtedness shall cease.\n
N.Y. RSS Law § 363-F — New York Code / Act RSS / Article 8 / Title 8 / Section 363-F
Firefighters; presumption in certain diseases
Status: in_force

* § 363-f. Firefighters; presumption in certain diseases.\nNotwithstanding any provision of this chapter or of any general, special\nor local law to the contrary, and for the purposes of this chapter, any\ncondition of impairment of health caused by diseases of the lung,\nresulting in total or partial disability or death to a uniformed member\nof a paid fire department, where such member successfully passed a\nphysical examination on entry into such service or subsequent thereto,\nwhich examination failed to reveal any evidence of such conditions,\nshall be presumptive evidence that such disability or death (1) was\ncaused by the natural and proximate result of an accident, not caused by\nsuch firefighter's own negligence and (2) was incurred in the\nperformance and discharge of duty, unless the contrary be proven by\ncompetent evidence. The provisions of this section shall remain in full\nforce and effect to and including the thirtieth day of June, two\nthousand eight.\n  * NB Expired July 1, 2008\n
N.Y. ENV Law § 17-0826 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0826
Notification of discharges affecting groundwaters
Status: in_force

§ 17-0826. Notification of discharges affecting groundwaters.\n  Whenever a provision of this title is violated by a facility operating\nunder or pursuant to a SPDES permit and located within an area\ndesignated pursuant to any federal or state statute as a sole source\naquifer, all public water purveyors with a service area or portion\nthereof located within a three mile radius of the violating facility\nshall be notified by the department of such violation if the department\ndetermines that the violation could have a significant impact on the\nwater resources of the area. The department's notices pursuant to this\nsection shall be made within fourteen days of the official notice of\nnoncompliance of the SPDES permit to the violating facility.\n  For the purposes of this section "public water purveyor" shall mean\nany person, partnership, public or private corporation, municipality, or\npublic authority which sells water derived from a sole source aquifer to\nat least five service connections or at least twenty-five individuals.\n
N.Y. EDN Law § 6633 — New York Code / Act EDN / Title 8 / Article 134 / Section 6633
Special provisions
Status: in_force

§ 6633. Special provisions. An individual who meets the requirements\nfor a license as a licensed perfusionist except for examination,\nexperience and education and who meets the requirements enumerated under\nsubdivisions one or two of this section may be licensed without meeting\nadditional requirements provided that such individual submits an\napplication to the department within two years of the effective date of\nthis section:\n  1. Applicants may be licensed if they have been practicing as a\nperfusionist for five years in the past ten years in an inpatient unit\nthat provides cardiac surgery services in a hospital approved by the\ndepartment of health or a substantially equivalent accrediting body\nacceptable to the committee and the department at least three of such\nyears of experience having occurred during the past five years;\n  2. Applicants who possess certification from a national certification\norganization acceptable to the committee and the department may be\nlicensed if they have been employed as a perfusionist for three of the\npast five years.\n
N.Y. SOS Law § 305 — New York Code / Act SOS / Article 5 / Title 8 / Section 305
Appeals and hearings
Status: in_force

§ 305. Appeals and hearings. If an application for assistance under\nthis title is not promptly acted upon or is denied or the assistance\ngranted is deemed inadequate by the applicant or recipient, he may\nappeal to the department in accordance with the provisions of section\ntwenty-two of this chapter. In scheduling investigations, local social\nservices districts shall give priority to applications for assistance\nunder this title.\n
N.Y. PBA Law § 1836-G — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 6 / Section 1836-G
Rules and regulations of the authority
Status: in_force

§ 1836-g. Rules and regulations of the authority. 1. The authority\nshall make, promulgate and enforce such reasonable rules and regulations\nrelating to its duties under this subtitle as it may deem appropriate.\n  2. To effectuate the purposes of this subtitle, the authority may\nrequest from any authority, division, board, bureau, commission or other\nagency of the state or from any public corporation, and the same are\nauthorized to provide, such services, assistance and data as will enable\nthe authority to properly carry out its functions, powers and duties\nunder this subtitle.\n  3. The authority shall also cooperate with the department of economic\ndevelopment to permit the department to carry out its responsibilities\nunder section one hundred four-a of the economic development law.\n
N.Y. PBA Law § 1178-A — New York Code / Act PBA / Article 5 / Title 8 / Section 1178-A
Enforcement and special powers of the authority
Status: in_force

§ 1178-a. Enforcement and special powers of the authority. 1.\nAdministrative sanctions and civil liability. a. Any user who has been\nfinally determined to violate any rules, regulations, permits or orders\nof the authority made pursuant to this title, shall be strictly liable,\nwithout regard to fault, to a penalty of not to exceed ten thousand\ndollars per violation per day. Each violation shall be a separate and\ndistinct violation and, in the case of a continuing violation, each\nday's continuance thereof shall be deemed a separate and distinct\nviolation. The penalties provided for herein shall be imposed by the\nauthority, pursuant to the rules and regulations of the authority.\n  b. The authority may bring suit for collection or recovery of any such\npenalty in any court of competent jurisdiction. Any sanction, penalty,\naction or cause of action for the recovery of a penalty, under this\ntitle, may be settled or compromised by the authority, before or after\nproceedings are brought to recover such penalties and prior to the entry\nof judgment thereof. All penalties received by the authority shall be\ndeposited with the treasurer and applied by the board to the benefit of\nthe authority's sewer rent payors and bondholders.\n  c. In addition to the penalties provided herein, in the event of a\nviolation or threatened violation of any of the authority's rules,\nregulations, permits, or orders, the authority is authorized to:\n  (i) obtain a warrant upon application to the Erie county court or any\nother court of competent jurisdiction, based upon reasonable cause and\nreliable information that such violation is threatened or has occurred,\nfor entry onto a user's premises or effluent source where entry has been\ndenied or obstructed; or\n  (ii) suspend or revoke any user's discharge permit; or\n  (iii) discontinue, disconnect or block the user's access to the sewer\nsystem; or\n  (iv) obtain an injunction or other judicial relief upon application to\na court of competent jurisdiction, to enjoin any user from continuing\nsuch violation or from carrying out the threat of such violation. In any\nsuch suit the court shall have jurisdiction to grant the authority,\nwithout bond or undertaking, such prohibitory or mandatory injunctions\nas the facts may warrant, including prevention or abatement of pollutant\ndischarges, temporary restraining orders or preliminary injunctions; and\n  (v) recover the fee, cost or expense incurred by the authority for any\ninvestigation, sampling, monitoring (enhanced or otherwise), removal and\nremediation costs or other actual expenses, fees or costs, including\nattorneys fees and costs.\n  d. Imposition of any sanction or penalty or application for judicial\nrelief, shall not be a bar against, or prerequisite for taking any other\naction against a user.\n  e. In determining the amount of an administrative or civil penalty,\nthe authority or the court shall consider the seriousness of the\nviolation or violations, any history of such violations, any good faith\nefforts to comply with applicable requirements and such other matters as\njustice may require.\n  2. Summary abatement. Notwithstanding any inconsistent provisions of\nlaw, whenever the general manager finds, after investigation, that any\nperson is discharging any pollutant, sewage, industrial waste or other\nwaste which, in his judgment, presents an imminent danger to the\nfacilities, the environment or the public health, safety or welfare of\npersons and the general manager determines that it would be harmful to\ndelay action until an opportunity for a hearing can be provided, the\ngeneral manager may, without prior hearing, order such person by notice,\nin writing wherever practicable or in such other form as in the general\nmanager's judgment will reasonably notify such person whose practices\nare intended to be proscribed, to discontinue, abate or alleviate such\ndischarge, and thereupon such person shall immediately discontinue,\nabate or alleviate such discharge. In the event of non-compliance with\nsuch order, the authority is authorized to discontinue, disconnect or\nblock the user's access to the sewer system. Within thirty days after\nthe issuance of such order, the authority shall give written notice to\nany such person which provides for an opportunity for a hearing.\n  3. Records, reports, inspections and entry. a. Whenever required to\ncarry out the purposes and objectives of this title, including but not\nlimited to, developing or assisting in the development of any discharge\nlimitation, or other limitation, prohibition or discharge standard,\npretreatment standard, or standard of performance; or determining\nwhether any industrial user is in violation of any such discharge\nlimitation, or other limitation, prohibition, discharge standard,\npretreatment standard, or standard of performance or the authority's\nrules, regulations, permits or orders;\n  (i) the authority may require industrial users to:\n  (1) establish and maintain such records;\n  (2) make such reports;\n  (3) install, use and maintain such monitoring equipment or methods\n(including where appropriate, biological monitoring equipment or\nmethods);\n  (4) sample such discharges, in accordance with such methods, at such\nintervals, and in such manner as the authority shall prescribe in its\nrules, regulations, permits or orders; and\n  (5) provide such other information as the authority may reasonably\nrequire; and\n  (ii) except as otherwise provided by a court warrant or order, the\nauthority or its authorized representative, (including an authorized\ncontractor acting as a representative of the authority) upon\npresentation of his credentials:\n  (1) shall have a right of entry, at all reasonable times, to, upon, or\nthrough any premises in which any effluent source of an industrial user\nis located or in which any records are required to be maintained\npursuant to this title or any rules, regulations, orders or permits of\nthe authority;\n  (2) may, at reasonable times during regular business hours, have\naccess to and copy any records required to be maintained pursuant to\nthis title or any rules, regulations, orders or permits of the\nauthority;\n  (3) may, during all times of industrial user discharges, inspect any\nmonitoring equipment or method which is required pursuant to this title\nor any rules, regulations, orders or permits of the authority; and\n  (4) may, during all times of industrial user discharges, have access\nto and sample any discharges or pollutants, resulting directly or\nindirectly from activities or operations of the industrial user of the\npremises in which an effluent source is located.\n  b. Any records, reports or information obtained under this section\nshall, in the case of discharge data, be related to any applicable\nlimitation, toxic pretreatment, or performance standards, and shall be\navailable to the public, except that upon a showing satisfactory to the\nauthority by any person that records, reports, or information, or\nparticular part thereof (other than discharge data), to which the\nauthority has access under this section, if made public would divulge\nmethods or processes entitled to protection as trade secrets of such\nperson, the authority shall consider such record, report, or\ninformation, or particular portion thereof confidential, except that\nsuch record, report, or information may be disclosed to officers,\nemployees, or authorized representatives of the United States or New\nYork state concerned with carrying out the Clean Water Act or when\nrelevant to any proceeding under this title or the Clean Water Act.\n  4. Proceedings before the authority. a. Whenever the authority\ndetermines, after investigation, that there has been a violation of any\nof the provisions of this title or any rules, regulations, orders or\npermits issued pursuant thereto, the authority shall give notice in\nwriting, in such form as will reasonably notify the alleged violator or\nviolators setting forth any thing or act done or omitted to be done or\nclaimed to be in violation of any such provisions, and requiring that\nthe matters complained of be corrected. Such notice shall inform the\nviolator of an opportunity for a hearing, or that the alleged violator\nappear in person or by attorney before the authority, at a reasonable\ntime and place in said notice specified, and show cause why enforcement\naction should not be taken.\n  b. The authority shall establish in its rules and regulations\nprocedures for the conduct of any hearings.\n  c. In any hearing, a hearing officer may administer oaths, examine\nwitnesses, and issue, in the name of the authority, notices of hearings\nand subpoenas requiring the attendance and testimony of witnesses and\nthe production of evidence relevant to any matter involved in any\nhearing conducted by the authority.\n  d. In any proceeding before the authority, the burden of proof, with\nrespect to violations of or liability imposed by this title or by rules,\nregulations, orders or permits issued pursuant thereto shall be upon the\nuser or person cited by notice. In any such proof, the authority or the\nhearing officer may rely upon the self-monitoring reports submitted by\nthe person being investigated or any other evidence.\n  e. After due consideration of the written and oral statements, and\ntestimony and arguments, or on default in appearance, the authority may\nissue and enter such final order or make such final determination as it\ndeems appropriate under the circumstances, and shall notify such person\nor persons thereof in writing.\n  f. The general manager may designate an agent of the authority or any\nother person, independent of the authority, to serve and preside as\nhearing officer.\n  g. In case of contumacy or refusal to obey a notice of hearing or\nsubpoena issued by the authority, the supreme court shall have\njurisdiction, upon application of the authority, to issue an order\nrequiring such person to appear and testify or produce evidence as the\ncase may require.\n
N.Y. EDN Law § 7010 — New York Code / Act EDN / Title 8 / Article 141 / Section 7010
Ankle surgery limited permits
Status: in_force

§ 7010. Ankle surgery limited permits.  * A limited permit to perform\npodiatric standard ankle surgery, as described in subdivision two of\nsection seven thousand one of this article, may be issued by the\ndepartment to a podiatrist who is licensed pursuant to this article and\nwho has met the residency and board qualification/certification\nrequirements set forth in subdivision one of section seven thousand nine\nof this article in order to authorize such podiatrist to obtain the\ntraining and experience required for the issuance of a podiatric\nstandard ankle surgery privilege pursuant to subdivision one of section\nseven thousand nine of this article. Such permits shall authorize the\nperformance of podiatric standard ankle surgery only under the direct\npersonal supervision of a licensed podiatrist holding a podiatric\nstandard ankle surgery privilege or a podiatric advanced ankle surgery\nprivilege issued pursuant to section seven thousand nine of this article\nor of a physician licensed pursuant to article one hundred thirty-one of\nthis title and certified in orthopedic surgery by a national certifying\nboard having certification standards acceptable to the department.\n  * NB Effective until June 12, 2027\n  * 1. A limited permit to perform podiatric standard ankle surgery, as\ndescribed in subdivision two of section seven thousand one of this\narticle, may be issued by the department to a podiatrist who is licensed\npursuant to this article and who has met the residency and board\nqualification/certification requirements set forth in subdivision one of\nsection seven thousand nine of this article in order to authorize such\npodiatrist to obtain the training and experience required for the\nissuance of a podiatric standard ankle surgery privilege pursuant to\nsubdivision one of section seven thousand nine of this article. Such\npermits shall authorize the performance of podiatric standard ankle\nsurgery only under the direct personal supervision of a licensed\npodiatrist holding a podiatric standard ankle surgery privilege or a\npodiatric advanced ankle surgery privilege issued pursuant to section\nseven thousand nine of this article or of a physician licensed pursuant\nto article one hundred thirty-one of this title and certified in\northopedic surgery by a national certifying board having certification\nstandards acceptable to the department.\n  * NB Effective June 12, 2027\n  * 2. A limited permit to perform podiatric advanced ankle surgery, as\ndescribed in subdivision two of section seven thousand one of this\narticle, may be issued by the department to a podiatrist who is licensed\npursuant to this article and who has met the residency and board\ncertification requirements set forth in subdivision two of section seven\nthousand nine of this article in order to authorize such podiatrist to\nobtain the training and experience required for the issuance of a\npodiatric advanced ankle surgery privilege pursuant to subdivision two\nof section seven thousand nine of this article. Such permits shall\nauthorize the performance of podiatric advanced ankle surgery only under\nthe direct personal supervision of a licensed podiatrist holding a\npodiatric advanced ankle surgery privilege issued pursuant to\nsubdivision two of section seven thousand nine of this article or of a\nphysician licensed pursuant to article one hundred thirty-one of this\ntitle and certified in orthopedic surgery by a national certifying board\nhaving certification standards acceptable to the department.\n  * NB Effective until June 12, 2027\n  * 2. (a) A limited permit to perform podiatric advanced ankle surgery,\nas described in subdivision two of section seven thousand one of this\narticle, may be issued by the department, for the purposes of\nauthorizing a podiatrist to obtain the training and experience required\nfor the issuance of a podiatric advanced ankle surgery privilege\npursuant to subdivision two of section seven thousand nine of this\narticle, to a podiatrist who:\n  (i) is licensed pursuant to this article and who has met the residency\nand board certification requirements set forth in subdivision two of\nsection seven thousand nine of this article; or\n  (ii) is licensed pursuant to this article and who has met the\nresidency requirements set forth in subdivision two of section seven\nthousand nine of this article and who is board qualified but not yet\ncertified in reconstructive rearfoot and ankle surgery by a national\ncertifying board having certification standards acceptable to the\ndepartment.\n  (b) Such permits shall authorize the performance of podiatric advanced\nankle surgery only under the direct personal supervision of a licensed\npodiatrist holding a podiatric advanced ankle surgery privilege issued\npursuant to subdivision two of section seven thousand nine of this\narticle or of a physician licensed pursuant to article one hundred\nthirty-one of this title and certified in orthopedic surgery by a\nnational certifying board having certification standards acceptable to\nthe department.\n  * NB Effective June 12, 2027\n  3. For the purposes of this section, direct personal supervision means\nsupervision of procedures based on instructions given directly by the\nsupervising podiatrist or physician who remains in the immediate area\nwhere the procedures are being performed, authorizes the procedures and\nevaluates the procedures performed by the holder of the limited permit.\n  4. The holder of a limited permit issued pursuant to this section\nshall perform podiatric ankle surgery only in a hospital or health\nfacility licensed pursuant to article twenty-eight of the public health\nlaw and appropriately authorized to provide such surgery.\n  5. Limited permits shall be issued for a period of one year, and may\nbe renewed for additional one year periods when necessary to permit the\ncompletion of the training and experience required to obtain a podiatric\nstandard ankle surgery privilege or podiatric advanced ankle surgery\nprivilege, as applicable, provided that no permit may be renewed more\nthan four times for each such privilege.\n  6. The fee for a limited permit shall be one hundred five dollars and\nthe fee for a renewal shall be fifty dollars.\n
N.Y. PBA Law § 1199-II — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-II
Remedies of bondholders
Status: in_force

* § 1199-ii. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision four of\nsection one thousand one hundred ninety-nine-hh of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of the bonds after the same shall\nbecome due whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle, or shall default in any agreement made with the holders of any\nissue of the bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges, and to require the authority to carry out any other agreements\nwith the holders of such bonds and to perform its duties under this\ntitle;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incidental to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. Venue of any\nsuch action or proceeding shall be laid in the county.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n  6. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  * NB There are 2 § 1199-ii's\n
N.Y. EDN Law § 8606 — New York Code / Act EDN / Title 8 / Article 165 / Section 8606
Requirements for certification as a clinical laboratory technician
Status: in_force

§ 8606. Requirements for certification as a clinical laboratory\ntechnician. For certification as a clinical laboratory technician under\nthis article, an applicant shall fulfill the following requirements:\n  1. Application: file an application with the department;\n  2. Education: have received an education, including an associate's\ndegree from an approved clinical laboratory technician program\nregistered by the department or determined by the department to be the\nsubstantial equivalent, or an associate's degree clinical laboratory\ntechnician program accredited by a national accrediting organization\nacceptable to the department, or an associate's degree program in a\nnatural science or a clinical laboratory science and coursework\nacceptable to the department and a clinical laboratory technician\nprogram accredited by a national accrediting organization acceptable to\nthe department;\n  2-a. Alternatives to education: in lieu of requirements specified in\nsubdivision two of this section the department may accept:\n  (a) current clinical laboratory technician certification by a national\ncertification organization acceptable to the department; or\n  (b) clinical laboratory technician licensure in a jurisdiction\nacceptable to the department.\n  3. Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  4. Age: be at least eighteen years of age;\n  5. Character: be of good moral character as determined by the\ndepartment; and\n  6. Fees: pay a fee of one hundred twenty-five dollars for an initial\ncertification and a fee of one hundred twenty dollars for each triennial\nregistration period.\n
N.Y. EDN Law § 6952 — New York Code / Act EDN / Title 8 / Article 140 / Section 6952
Practice of midwifery
Status: in_force

§ 6952. Practice of midwifery.  Only a person licensed or exempt under\nthis article or authorized by any other section of law shall practice\nmidwifery.\n
N.Y. BNK Law § 8001 — New York Code / Act BNK / Article 15 / Title 8 / Section 8001
Right to amend organization certificate
Status: in_force

§ 8001. Right to amend organization certificate. 1. A corporation may\namend its organization certificate, from time to time, in any and as\nmany respects as may be desired, if such amendment contains only such\nprovisions as might be lawfully contained in an original organization\ncertificate filed at the time of making such amendment.\n  2. In particular, and without limitation upon such general power of\namendment, a corporation may amend its organization certificate, from\ntime to time, so as:\n  (a) To change its corporate name.\n  (b) In the case of a bank or trust company, to change its corporate\npowers in accordance with section ninety-four.\n  (c) To extend the duration of the corporation or, if the corporation\nceased to exist because of the expiration of the duration specified in\nits organization certificate, to revive its existence.\n  (d) To increase or decrease the number of its directors, or to provide\nthat the number of its directors shall be not less than a stated minimum\nnor more than a stated maximum; provided that in either case the number\nof directors shall not be less than the minimum prescribed in this\nchapter, and provided further that the number of the directors may be\nincreased notwithstanding any maximum number prescribed by any special\nlaw.\n  (e) To increase or decrease the aggregate number of shares, or shares\nof any class or series, which the corporation shall have authority to\nissue.\n  (f) To eliminate from authorized shares any class of shares, or any\nshares of any class, whether issued or unissued.\n  (g) To increase the par value of any authorized shares of any class,\nwhether issued or unissued.\n  (h) To reduce the par value of any authorized shares of any class,\nwhether issued or unissued.\n  (i) To change any authorized shares, whether issued or unissued, into\na different number of shares of the same class or into the same or a\ndifferent number of shares of any one or more classes or any series\nthereof.\n  (j) To fix, change or abolish the designation of any authorized class\nor any series thereof, or any of the relative rights, preferences and\nlimitations of any shares of any authorized class or any series thereof,\nwhether issued or unissued, including any provisions in respect of any\nundeclared dividends, whether or not cumulative or accrued, or the\nredemption of any shares, or any preemptive right to acquire shares or\nother securities.\n  (k) As to the shares of any preferred class, then or theretofore\nauthorized, which may be issued in series, to grant authority to the\nboard or to change or revoke the authority of the board to establish and\ndesignate series and to fix the number of shares and the relative\nrights, preferences and limitations as between series.\n  (l) To strike out, change or add any provision, not inconsistent with\nthis chapter or any other statute, relating to the business of the\ncorporation, its affairs, its rights or powers, or the rights or powers\nof its stockholders, directors or officers, including any provision\nwhich under this chapter is required or permitted to be set forth in the\nby-laws.\n  3. A corporation created by special act may accomplish any or all\namendments permitted in this title, in the manner and subject to the\nconditions provided in this subarticle.\n  4. A corporation may not change the location of its office under this\nsection.\n
N.Y. EDN Law § 8001 — New York Code / Act EDN / Title 8 / Article 157 / Section 8001
Definitions
Status: in_force

§ 8001. Definitions.  1. Dietetics and nutrition are herein each\ndefined as  the integration and application of principles derived from\nthe sciences of nutrition, biochemistry, physiology, food management and\nbehavioral and social sciences to achieve and maintain people's health.\n  2. Where the title "certified dietitian" or "certified nutritionist"\nis used in this article it shall mean "certified dietitian", "certified\ndietician", or "certified nutritionist".\n  3. A certified dietitian or certified nutritionist is one who engages\nin the integration and application of principles derived from the\nsciences of nutrition, biochemistry, physiology, food management and\nbehavioral and social sciences to achieve and maintain people's health,\nand who is certified as such by the department pursuant to section eight\nthousand four of this article.  The primary function of a certified\ndietitian or certified nutritionist is the provision of nutrition care\nservices that shall include:\n  (a) Assessing nutrition needs and food patterns;\n  (b) Planning for and directing the provision of food appropriate for\nphysical and nutrition needs; and\n  (c) Providing nutrition counseling.\n
N.Y. EDN Law § 6510-B — New York Code / Act EDN / Title 8 / Article 130* / Section 6510-B
Temporary surrender of licenses during treatment for drug or alcohol abuse
Status: in_force

§ 6510-b. Temporary surrender of licenses during treatment for drug or\nalcohol abuse. 1. The license and registration of a licensee who may be\ntemporarily incapacitated for the active practice of a profession\nlicensed pursuant to title eight of this chapter, except professionals\nlicensed pursuant to article one hundred thirty-one or article one\nhundred thirty-one-b thereof, and whose alleged incapacity is the result\nof a problem of drug or alcohol abuse which has not resulted in harm to\na patient or client, may be voluntarily surrendered to the department,\nwhich may accept and hold such license during the period of such alleged\nincapacity or the department may accept the surrender of such license\nafter agreement to conditions to be met prior to the restoration of the\nlicense. The department shall give written notification of such\nsurrender to the licensing authorities of any other state or country in\nwhich the licensee is authorized to practice. In addition to the\nforegoing, the department shall also give written notification of such\nsurrender, for professionals licensed pursuant to articles one hundred\nthirty-two, one hundred thirty-three, one hundred thirty-five, one\nhundred thirty-seven, one hundred thirty-nine and one hundred forty-one\nof this chapter to the commissioner of health or his designee, and where\nappropriate to each hospital at which the professional has privileges,\nis affiliated, or is employed. The licensee whose license is so\nsurrendered shall notify all persons who request professional services\nthat he or she has temporarily withdrawn from the practice of the\nprofession. The department may provide for similar notification of\npatients or clients and of other interested parties, as appropriate\nunder the circumstances of the professional practice and\nresponsibilities of the licensee. The licensure status of such licensee\nshall be "inactive" and he or she shall not be authorized to practice\nthe profession and shall refrain from practice in this state or in any\nother state or country. The voluntary surrender shall not be deemed to\nbe an admission of disability or of professional misconduct, and shall\nnot be used as evidence of a violation of subdivision three or four of\nsection sixty-five hundred nine of this chapter, unless the licensee\npractices while the license is "inactive"; and any such practice shall\nconstitute a violation of subdivision eight of said section. The\nsurrender of a license under this subdivision shall not bar any\ndisciplinary action except action based solely upon the provisions of\nsubdivision three or four of section sixty-five hundred nine of this\nchapter, and only if no harm to a patient has resulted; and shall not\nbar any civil or criminal action or proceeding which might be brought\nwithout regard to such surrender. A surrendered license shall be\nrestored upon a showing to the satisfaction of the department that the\nlicensee is not incapacitated for the active practice of the profession,\nprovided that the department may, by order of the commissioner, impose\nreasonable conditions on the licensee, if it determines that because of\nthe nature and extent of the licensee's former incapacity, such\nconditions are necessary to protect the health, safety and welfare of\nthe public. Prompt written notification of such restoration shall be\ngiven to all licensing bodies which were notified of the temporary\nsurrender of the license.\n  2. There shall be appointed within the department, by the board of\nregents, a committee on drug and alcohol abuse, which shall advise the\nboard of regents on matters relating to practice by professional\nlicensees with drug or alcohol abuse problems, and which shall\nadminister the provisions of this section. The board of regents shall\ndetermine the size, composition, and terms of office of such committee,\na majority of the members of which shall be persons with expertise in\nproblems of drug or alcohol abuse. The committee shall recommend to the\nboard of regents such rules as are necessary to carry out the purposes\nof this section, including but not limited to procedures for the\nsubmission of applications for the surrender of a license and for the\nreferral of cases for investigation or prosecution pursuant to section\nsixty-five hundred ten of this article if a licensee fails to comply\nwith the conditions of an approved program of treatment. There shall be\nan executive secretary appointed by the board of regents to assist the\ncommittee. The executive secretary shall employ, or otherwise retain,\nthe services of a registered professional nurse with appropriate\nqualifications in substance abuse and addiction to assist in the\nimplementation of the program authorized by section six thousand five\nhundred ten-c of this article. Determinations by the committee relating\nto licensees shall be made by panels of at least three members of the\ncommittee designated by the executive secretary, who shall also\ndesignate a member of the state board for the licensee's profession as\nthe ex-officio non voting member of each panel. In the case of a\ndetermination relating to a licensed nurse, at least one panel member\nmust be a registered professional nurse licensed by the state.\n  3. Application for the surrender of a license pursuant to this section\nshall be submitted to the committee, and shall identify a proposed\ntreatment or rehabilitation program, and shall include a consent to the\nrelease of all information concerning the licensee's treatment to the\ncommittee. All information concerning an application, other than the\nfact of the surrender of the license and the participation in the\nprogram and the successful completion or failure of or withdrawal from\nthe program, shall be strictly confidential, and may not be released by\nthe committee to any person or body without the consent of the licensee.\nThe immunity from disciplinary action conferred by this section shall be\nconditioned upon the approval of the treatment or rehabilitation program\nby the committee and its successful completion by the applicant and the\nelimination of the incapacity to practice. Approval of a treatment or\nrehabilitation program by the committee shall not constitute a\nrepresentation as to the probability of success of the program or any\nassumption of financial responsibility for its costs.\n  4. The immunity from disciplinary action conferred by this section may\nbe revoked by the committee upon a finding that the licensee has failed\nto successfully complete the program or that the incapacity to practice\nhas not been eliminated. Such revocation shall be made only after notice\nand an opportunity to be heard, but no adjudicatory hearing shall be\nrequired. The matter shall be referred for appropriate proceedings\npursuant to section sixty-five hundred ten of this chapter. The license\nmust be returned unless charges are served pursuant to section\nsixty-five hundred ten within thirty days after the revocation of the\napproval of the special treatment afforded by this section.\n  5. The commissioner is authorized to adopt regulations to carry out\nthe purposes of this section, including but not limited to the notice of\ntemporary inactive status to be required in different professions and\npractice situations and the measures required upon temporary withdrawal\nfrom practice.\n  6. No individual who serves as a member of a committee whose purpose\nis to confront and refer either to treatment or to the department\nlicensees who are thought to be suffering from alcoholism or drug abuse\nshall be liable for damages to any person for any action taken by such\nindividual provided such action was taken without malice and within the\nscope of such individual's function as a member of such committee, and\nprovided further that such committee has been established by and\nfunctions under the auspices of an association or society of\nprofessionals authorized to practice under this title.\n  7. In addition to the provisions of section two thousand eight hundred\nthree-e of the public health law, any entity licensed pursuant to\narticles thirty-six, forty and forty-four of the public health law, and\nany mental hygiene facilities, and correctional, occupational, school\nand college health services shall provide a report to the office of\nprofessional discipline when there is a suspension, restriction,\ntermination, curtailment or resignation of employment or privileges in\nany way related to a licensed nurse that is impaired when the impairment\nis alleged to have been caused by a drug-related problem. Any person,\nfacility, or corporation which makes a report pursuant to this section\nin good faith shall have immunity from any liability, civil or criminal,\nfor having made such a report except where the conduct constitutes\nnegligence, gross negligence or intentional misconduct. For the purpose\nof any proceeding, civil or criminal, the good faith of any person,\nfacility or corporation required to make a report shall be presumed.\nSuch presumption may be rebutted by any competent evidence.\n  8. Notwithstanding any other provision of law, the license and\nregistration of a licensed dentist or pharmacist who may be temporarily\nincapacitated for the active practice of their profession licensed\npursuant to articles one hundred thirty-three and one hundred\nthirty-seven of this title and whose alleged incapacity is the result of\na problem of drug or alcohol abuse which has not resulted in harm to a\npatient or client, may be voluntarily surrendered to, or voluntarily\noffered for any alternative disposition with the department, which may\naccept and hold such license or make any other disposition regarding\nsuch license deemed appropriate under the circumstances, if the\ndepartment determines the health and safety of the public will be\nadequately protected thereby, during the period of such alleged\nincapacity. The department may accept the surrender of such license\nafter agreement to conditions to be met prior to the restoration of the\nlicense or the department may treat the license as not surrendered and\nmay impose conditions to allow the licensee to retain the license. All\nother provisions of this section shall be applied to the professions of\ndentistry and pharmacy in conformity with this subdivision.\n
N.Y. EDN Law § 7307 — New York Code / Act EDN / Title 8 / Article 147 / Section 7307
Special provisions
Status: in_force

§ 7307. Special provisions. 1. Every architect shall have a seal,\napproved by the board, which shall contain the name of the architect and\neither the words "Registered Architect" and such other words or figures\nas the board may deem necessary. All working drawings and\nspecifications, prepared by such architect or by a full-time or\npart-time subordinate employed under his supervision, shall be stamped\nwith such seal and shall also be signed on the original with the\npersonal signature of such architect when filed with public officials.\nExcept for plans and specifications excluded from the provisions of this\narticle by section seventy-three hundred six of this article, no\nofficial of this state, or of any county, city, town or village therein,\ncharged with the enforcement of laws, ordinances or regulations relating\nto the construction or alteration of buildings or structures, shall\naccept or approve any plans or specifications that are not stamped:\n  a. With the seal of an architect or professional engineer registered\nin this state and bearing the authorized facsimile of the signature of\nsuch architect or professional engineer; or\n  b. With the official seal and authorized facsimile of the signature of\nan architect or professional engineer not a resident of this state and\nhaving no established business in this state, but who is legally\nqualified to practice as such in his own state or country, provided that\nsuch person holds a limited permit issued by the department, and\nprovided further that the plans or specifications are accompanied by and\nhave attached thereto written authorization issued by the department for\nthe specific project.\n  2. Engineers, land surveyors, geologists, architects and landscape\narchitects may join in the formation of a joint enterprise, or a\npartnership or a professional service corporation or a design\nprofessional service corporation or may form any desired combination of\nsuch professions and may use in the name of such corporation the title\nof any of the professions which will be practiced. After the name of\neach member his or her profession shall be indicated.\n  3. A firm name may be continued by employees having at least fifteen\nyears of continuous service if the retired members and legal\nrepresentatives of deceased members consent to such continuance.\n  4. It shall be lawful for a corporation organized and existing under\nthe laws of the state of New York, and which on or before the twelfth\nday of April nineteen hundred twenty-nine and continuously thereafter\nwas lawfully practicing in New York state to continue such practice,\nprovided that the chief executive officer of such corporation in the\nstate of New York shall be an architect licensed under this article, and\nprovided further that the construction of buildings and structures shall\nbe under the personal supervision of such architect and that drawings,\nplans, and specifications shall be prepared under the personal direction\nand supervision of such architect and bear the stamp of his official\nseal, and the drawings or specifications shall also be signed on the\noriginal, with the personal signature of such architect. No such\ncorporation shall be permitted to change its name and continue to\npractice architecture, except upon the written approval of the\ndepartment.\n  5. This article shall not apply to: 1. Farm buildings, including\nbarns, sheds, poultry houses and other buildings used directly and\nsolely for agricultural purposes; nor to residence buildings of gross\narea of fifteen hundred square feet or less, not including garages,\ncarports, porches, cellars, or uninhabitable basements or attics; or\n  2. Alterations, costing ten thousand dollars or less, to any building\nor structure within the city of New York and twenty thousand dollars or\nless, to any building or structure outside the city of New York which do\nnot involve changes affecting the structural safety or public safety\nthereof.\n
N.Y. PBA Law § 1570-C — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-C
Purpose and powers of the authority
Status: in_force

§ 1570-c. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the village. To carry out such purpose, the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the village by purchase or condemnation,\nand use necessary real property. All real property acquired by the\nauthority by condemnation shall be acquired in the manner provided in\nthe eminent domain procedure law or in the manner provided by law for\nthe condemnation of land by the village;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the village to use agents, employees and\nfacilities of the village, paying to the village its agreed proportion\nof the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as provided in this title;\n  8. To appoint an attorney, who may be the corporation counsel, and to\nfix his or her compensation;\n  9. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  10. To construct such buildings, structures and facilities as may be\nnecessary;\n  11. To reconstruct, improve, maintain and operate the projects;\n  12. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the village, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  13. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as provided in this title;\n  14. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided, however,\nthat neither the authority, the village nor any agency of the authority\nor the village, nor any other person, firm or corporation shall, within\nor on any property comprising a part of any project authorized by this\ntitle, sell, dispense or otherwise handle any product used in or for the\nservicing of any motor vehicle using any project or facility authorized\nby this title; and\n  15. To do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. EDN Law § 8400 — New York Code / Act EDN / Title 8 / Article 163 / Section 8400
Introduction
Status: in_force

§ 8400. Introduction. This article applies to the professions of\nmental health counseling, marriage and family therapy, creative arts\ntherapy, and psychoanalysis and provides for the licensing of such\npractitioners.  The general provisions for all professions contained in\narticle one hundred thirty of this title apply to this article.\n
N.Y. PBA Law § 1199-NNNN — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-NNNN
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

* § 1199-nnnn. Exemption from taxes, assessments and certain fees;\npayments in lieu of taxes. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the county and the state\nand 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 not be required to pay any\ntaxes, special ad valorem levies or special assessments upon any real\nproperty owned by it or any filing, recording or transfer fees or taxes\nin relation to instruments filed, recorded or transferred by it or on\nits behalf provided, however, that any real property owned or acquired\nby the authority outside of the district shall be exempt from real\nproperty taxes, ad valorem levies or special assessments only pursuant\nto and to the extent provided by an agreement with the governing body of\nthe municipality in which such real property is located.\n  2. The authority may pay, or may enter into agreements with any\nmunicipality not located within the county to pay, a sum or sums\nannually or otherwise or to provide other considerations to such\nmunicipality with respect to real property owned by the authority\nlocated within such municipality and constituting a part of its water or\nsewerage system.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and all activities of\nthe authority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, franchise taxes, sales taxes or\nother excise taxes.\n  4. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be exempt from taxation as\naforestated in subdivision three of this section, and that all revenues,\nmoneys, and other property pledged to secure the payment of such bonds\nshall at all times be free from such taxation as aforestated in such\nsubdivision.\n  * NB There are 2 § 1199-nnnn's\n
N.Y. PBA Law § 1197-G — New York Code / Act PBA / Article 5 / Title 8-B / Section 1197-G
Bonds of the authority
Status: in_force

§ 1197-g. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nmay be general obligations secured by the faith and credit of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys of the authority as may be designated in the\nproceedings of the authority under which the bonds shall be authorized\nto be issued, subject to any agreements with the holders of outstanding\nbonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, or any other credit enhancement arrangement with any bank\nor other financial institution to the extent now or hereafter available,\nas to, or for the payment or repayment of interest or principal, or\nboth, or any part thereof, on any bonds issued by the authority and to\nenter into any agreement or contract with respect to any such insurance\nor guaranty, except to the extent that the same would in any way impair\nor interfere with the ability of the authority to perform and fulfill\nthe terms of any agreement made with the holders of the bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold at private sale unless the terms of such sale shall have\nbeen approved in writing by:\n  (a) the comptroller, where such sale is not to the comptroller, or\n  (b) the director of the division of the budget of the state, where\nsuch sale is to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred ninety-seven-h of\nthis title and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members of the board of directors nor the officers of\nthe authority nor any person executing bonds shall be liable personally\nthereon or be subject to any personal liability or accountability solely\nby reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date,\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or bond resolution of the authority may contain. Such notes may be\nsold at public sale or, upon the approval of the comptroller of the\nterms thereof, at private sale. Such notes shall be as fully negotiable\nas the bonds of the authority.\n
N.Y. EDN Law § 8358 — New York Code / Act EDN / Title 8 / Article 162 / Section 8358
Limited permits
Status: in_force

§ 8358. Limited permits. 1. The department may issue a limited permit\nto an applicant who meets all qualifications for licensure, except the\nexamination, in accordance with regulations promulgated therefor.\n  2. Limited permits shall be valid for one year, and such limited\npermits may be renewed, at the discretion of the department, for one\nadditional year.\n  3. The fee for each limited permit and for each renewal shall be\nseventy dollars.\n  4. A limited permit holder shall practice only under the supervision\nof a physician as determined in accordance with the commissioner's\nregulations.\n
N.Y. PBA Law § 1804 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 1 / Section 1804
General powers and duties of the authority
Status: in_force

§ 1804. General powers and duties of the authority. Subject to the\nother provisions of this title and the provisions of any contract with\nbondholders or noteholders, the authority shall have the following\npowers in addition to the powers specifically conferred upon the\nauthority elsewhere in this title:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To make and alter by-laws for its organization and internal\nmanagement;\n  4. To make rules and regulations governing the exercise of its\ncorporate powers and the fulfillment of its corporate purposes under\nthis title, which rules and regulations shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law and to maintain its system of internal controls in\nconformity with the relevant standards specified by authoritative\nnational standard setting bodies;\n  5. To make loans and loan guaranties secured by loan agreements,\nmortgages, contracts and all other instruments necessary or convenient\nfor the exercise of its corporate powers and the fulfillment of its\ncorporate purposes under this title; and to require the inclusion in any\nlease or other agreement in respect of a project (a) such provisions as\nto the use of the project as the authority may deem necessary or\ndesirable for the fulfillment of its corporate purposes and (b) such\nprovisions as to the reporting to it by the parties to such lease or\nother agreement of such information as it deems necessary to monitor (i)\ncompliance by such parties with the provisions of this title and with\nthe provisions of any rules and regulations adopted pursuant to this\ntitle and (ii) the progress of the project occupant or of the business\nenterprise described in section eighteen hundred twenty-seven of this\ntitle in achieving the representations made in the application submitted\npursuant to section eighteen hundred twenty-four of this title;\n  6. In connection with loans, loan guarantees, or any applications or\ncommitments therefor, to make and collect such fees and charges as the\nauthority shall determine to be reasonable;\n  7. To purchase, receive, lease or otherwise acquire, and hold in the\nname of the state or otherwise, or contract to acquire from any person,\nfirm, corporation, municipality, federal or state agency, by grant,\npurchase, or otherwise, and to sell, convey, mortgage, lease, pledge or\notherwise dispose of, upon such terms and conditions as the authority\nmay deem advisable, real and personal property, together with such\nrights and privileges as may be incidental and appurtenant thereto and\nto the use thereof, including but not restricted to any real or personal\nproperty acquired by the authority from time to time upon foreclosure of\nany mortgage or in the satisfaction of debts or in the enforcement of\nobligations; provided, however, that the terms and conditions of any\nsale or other disposition by the authority of property conveyed to it\npursuant to section eighteen hundred thirty-a of this title including\nthe consideration involved, shall be subject to the approval of the\ndirector of the budget, prior to such sale or other disposition;\n  8. To sell at public or private sale, or pledge or assign, any loan\nmade by the authority and any mortgage or other obligation securing a\nloan made by the authority;\n  9. To foreclose on any real or personal property in respect of which\nit has made a loan or issued a loan guarantee or commence or join in any\naction or proceeding to protect or enforce any right conferred upon it\nby law or by contract and to bid for and purchase such property at any\nforeclosure or at any other sale or acquire or take possession of any\nsuch property; and in such event the authority may operate, maintain,\nadminister, pay the principal of and interest on any obligation incurred\nin connection with such property, and otherwise deal with, such\nproperty, in such manner as may be necessary or desirable to protect the\ninterest of the authority therein; and further with regard to loans and\nloan guarantees made by the authority, it shall have the right to\nrequire at the time of the making of the loan or issuance of the loan\nguarantee, or at any time thereafter, in a form acceptable to it, a deed\nto all rights and interest in the real or personal property as a\nsecurity interest, such deed to be termed a "deed in lieu of\nforeclosure", and shall be empowered hereby to record such deed upon a\ndefault in the payment or terms of any loan made by or guaranteed by the\nauthority, and to thereby transfer to the authority by such recording\nboth title and all rights of ownership in such property in accordance\nwith section eighteen hundred four-a of this article;\n  10. To enter into agreements to pay annual sums in lieu of taxes to\nany municipality or taxing district of the state in respect of any real\nproperty which is owned by the authority and located in such\nmunicipality or taxing district, provided, however, that the amount so\npaid for any year upon any such property shall not exceed the sum last\npaid as taxes on such property to such municipality or taxing district\nprior to the time of its acquisition by the authority;\n  11. To procure insurance against any loss in connection with loans or\nwith real and personal property or other assets of the authority of any\nnature whatsoever in such amounts, and from such insurers, as it deems\ndesirable;\n  12. To consent to the modification of the time of payment of any\ninstallment of principal or interest, the rate of interest (within the\nlimits prescribed by sections eighteen hundred sixteen and eighteen\nhundred twenty-one), the security, or any other terms of any loan, loan\nguarantee, loan commitment, contract or agreement of any kind to which\nthe authority is a party whenever it deems it necessary or desirable in\nthe fulfillment of the purposes of this title;\n  13. To encourage the organization of local development corporations\nand to cooperate with such corporations in the formation of plans for\nimproving employment opportunities within their areas of operation;\n  13-a. To develop and annually update a five year strategic plan\nsetting forth the goals and objectives of the authority for each of the\nnext five years and annual operational targets that are designed to\nensure the efficient and effective use of the authority's resources in\nmeeting such goals and objectives. Such strategic plan shall also\ninclude, but not be limited to, information as to the areas of the\nstate, if any, and the categories of project occupants or business\nenterprises as described in section eighteen hundred twenty-seven of\nthis title, if any, where, and in regard to which, it will seek to\nincrease its lending activity, and information as to the steps which it\nplans on taking to so direct its lending activity. In developing and\nupdating such strategic plan the authority shall utilize any area\nemployment opportunity improvement plans formulated in accordance with\nsubdivision thirteen of this section and such other information which it\ndeems appropriate. Such categories shall include but not be limited to\nminority and women-owned businesses; firms located in economically\ndistressed rural and urban communities; firms employing displaced\nworkers or economically disadvantaged individuals, or participants in\njob training programs for economically disadvantaged individuals or\ndisplaced workers; or firms, including, but not limited to, cooperative\ncorporations, involved in acquiring existing businesses that the current\nowners have proposed closing or have closed;\n  13-b. To adopt and, as necessary, revise criteria and methods to be\nused by the authority and by local development corporations in\nevaluating loan applications in accordance with the provisions of\nsection eighteen hundred twenty-six of this title and with such other\nstandards and procedures which it deems necessary and appropriate.\n  13-c. To adopt and, as necessary, revise criteria to be used in\ndetermining the portion of the cost of individual projects which should\nbe financed by the authority. Such criteria shall encourage different\nlevels or degrees of financial assistance by the authority. Copies of\nsuch criteria and methods shall be provided to all local development\ncorporations;\n  13-d. To require that any new employment opportunities created in\nconnection with industrial or commercial projects financed through loans\nor loan guarantees from the authority shall be listed with the New York\nstate department of labor job service division and with the\nadministrative entity of the service delivery area created pursuant to\nthe federal job training partnership act (P.L. 97-300) in which the\nproject is located and shall first consider for such employment\nopportunities persons eligible to participate in federal job training\npartnership act programs who shall be referred to such firms by such\nadministrative entities or by the job service division of the department\nof labor; provided, however, that nothing contained herein shall be\nconstrued to require project occupants or business entities as defined\nin section eighteen hundred twenty-seven of this title, to violate any\nexisting collective bargaining agreement with respect to the hiring of\nnew employees. Such listing shall be in a manner and form prescribed by\nthe authority in consultation with the commissioner of labor and the\ncommissioner of economic development.\n  13-e. To implement, on behalf of any local development corporation so\nrequesting, the responsibilities assigned to such corporation by\nsubdivision four of section eighteen hundred twenty-five of this title.\n  14. To cooperate and act in conjunction with any organization, public\nor private, or federal or state agency the objects of which within any\narea of the state are similar to the purposes of the authority;\n  15. To accept gifts, grants or loans from, and enter into contracts or\nother transactions with, any federal or state agency, any municipality,\nany private organization or any other source;\n  16. To engage the services of bond counsel, accountants or other\nprivate consultants on a contract basis for rendering professional and\ntechnical assistance and advice;\n  17. To procure insurance to secure the payment of principal and\ninterest on any bonds, notes or other obligations of the authority;\n  18. To do any and all things necessary or convenient to (a) carry out\nits corporate purposes, (b) exercise the powers given and granted in\nthis title, and (c) further the goals and objectives and achieve the\noperational targets set forth in the strategic plan adopted pursuant to\nsubdivision thirteen of this section.\n
N.Y. PBA Law § 1823 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 4 / Section 1823
Further restrictions on loans and loan guarantees
Status: in_force

§ 1823. Further restrictions on loans and loan guarantees. In addition\nto other provisions of this title limiting the power of the authority to\nmake loans to local development corporations in respect of a particular\nproject, and to guarantee loans made by banking organizations, the\nfollowing restrictions shall also apply:\n  1. No funds of the authority shall be used in respect of any project\nif the completion thereof would result in the removal of an industrial\nor manufacturing plant or research and development facility or other\neligible business facility of the project occupant from one area of the\nstate to another area of the state or in the abandonment of one or more\nplants or facilities of the project occupant located within the state,\nprovided, however, that neither restriction shall apply if the authority\nshall determine on the basis of the application before it that the\nproject is reasonably necessary to discourage the project occupant from\nremoving such other plant or facility to a location outside the state or\nis reasonably necessary to preserve the competitive position of the\nproject occupant in its respective industry.\n  2. No funds of the authority shall be used in respect of any project\nif the authority would be required to operate, service or maintain the\nproject pursuant to any lease or other agreement except upon foreclosure\nor except upon the occurrence of a default in the payment or terms of\nany loan guaranteed by the authority, provided, however, notwithstanding\nany other provision of this subtitle, the authority may take title to a\nproject under a financing lease which does not require the authority to\noperate, service or maintain the project itself, and which provides for\npayments in lieu of property taxes as approved by the local taxing\njurisdiction which are equal to or less than any property taxes which\nwould have been due had the authority not taken title to the property.\nNothing shall prevent the authority from transferring such property to\nthe project occupant or its designee at the end of the term of such\nfinancing.\n  3. No funds of the authority shall be used for a project unless the\napplicant shows to the satisfaction of the authority that funds equal to\nthe amount of the proposed loan from the authority are not reasonably\navailable from other sources at a comparable cost of borrowing.\n  4. No funds of the authority shall be used in violation of any further\nrestrictions imposed by general rule or regulation of the authority in\nrelation to assisted projects and the authority is hereby authorized to\nadopt rules and regulations containing such restrictions as it may deem\nnecessary or appropriate to effectuate its corporate purposes.\n  5. No provision of this title shall prevent the inclusion in a\nmortgage, lease or other agreement relating to an assisted project of a\nprovision granting the project occupant the right to purchase such\nproject upon such terms and conditions as the authority may approve.\n  6. No funds of the authority shall be loaned or used for any project\nunless the applicant demonstrates to the authority that such project has\na valid permit or permits for the following, when such permits are\nrequired pursuant to applicable federal, state or local law: the\ngeneration, treatment, storage and disposal of hazardous wastes; the\ndischarge of pollutants into the waters of the state, or, if such a\nplant or facility is in violation thereof, that the project contemplated\nincludes the elimination of any such violation or violations.\n  7. Loans in economically distressed areas and to companies in need of\nspecial assistance. (a) Loans by the authority pursuant to paragraphs\n(a) and (b) of subdivision two of section eighteen hundred three of this\nchapter may exceed forty percent but shall not exceed sixty percent of\nthe cost of the project for:\n  (i) projects which are or will be located in empire zones designated\npursuant to article eighteen-b of the general municipal law or in areas\nthat meet, in accordance with the most recent census data available, the\nfollowing criteria:\n  (A) the area must have a poverty rate of at least twenty percent for\nthe year to which the data relate; and\n  (B) the area must have an unemployment rate of at least one hundred\ntwenty-five percent of the statewide unemployment rate for the year to\nwhich the data relate;\n  (ii) projects involving companies in need of special assistance as\ndetermined by the findings of the members of the authority that such\ncompanies are unable to obtain a sufficient amount of financing at\nprevailing market rates of interest for businesses of similar size in\nthe same industry in New York state.\n  (b) In determining eligibility for loans involving companies in need\nof special assistance pursuant to subparagraph (ii) of paragraph (a) of\nthis subdivision, the members of the authority shall consider:\n  (i) the applicant's potential for creating jobs in New York state;\n  (ii) the benefits derived from the project in the community in which\nthe project is or will be located;\n  (iii) the interaction of a project with economic development programs\nadministered by the department of economic development, the New York\nstate urban development corporation and the New York state science and\ntechnology foundation;\n  (iv) the meaningful participation of minority and women-owned business\nenterprises and minority group members and women in a project;\n  (v) the degree to which the project will support apprenticeship\ntraining;\n  (vi) compliance with the provisions of section eighteen hundred\ntwenty-six of this chapter with regard to the project occupant; and\n  (vii) in consultation with the department of economic development, the\neligibility of the applicant for assistance under the industrial\neffectiveness program pursuant to article seven of the economic\ndevelopment law.\n  (c) In addition to the rules and regulations promulgated with regard\nto loans made by the authority under other provisions of this title, the\nmembers of the authority shall also promulgate rules and regulations\npertaining to the loans made under subparagraphs (i) and (ii) of\nparagraph (a) of this subdivision by December first, nineteen hundred\nninety-two.\n  (d) On an annual basis, the authority shall compile and publish:\n  (i) in consultation with the department of economic development, a\nlisting of economically distressed areas as defined in subparagraph (i)\nof paragraph (a) of this subdivision.\n  (ii) the criteria for determining the eligibility of a project that is\nin need of special assistance under subparagraph (ii) of paragraph (a)\nof this subdivision.\n  (e) All otherwise applicable requirements and restrictions of this\ntitle shall apply to projects that are described in paragraph (a) of\nthis subdivision, provided, however, that in the case of projects which\ninvolve the relocation of economic activity from another municipality\nwithin New York state, the authority shall also find that the project\noccupant has made reasonable efforts to carry out the project within the\nmunicipality from which the project occupant intends to move an\nindustrial, or manufacturing plant, or research and development\nfacility, or other eligible business facility.\n
N.Y. PBA Law § 1837-A — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 7 / Section 1837-A
Definitions
Status: in_force

§ 1837-a. Definitions. When used in this subtitle unless the context\notherwise requires:\n  1. "Eligible project" means the acquisition, renovation,\nrehabilitation or development of property necessary to commence and\ncomplete operation of projects that are not primarily residential nor\nretail businesses or enterprises, other than manufacturing and\nindustrial plants, that promote, facilitate or encourage employment and\neconomic development, including day care, commercial production and\nincubators primarily used for commercial purposes that will result in\nthe creation or retention of employment.\n  2. "Eligible project cost" includes all reasonable and necessary costs\nand fees related to the acquisition, renovation, or rehabilitation of\nthe project, including, but not limited to, acquisition, construction,\nland acquisition, improvements, easements, rights of way, equipment,\ncontract and/or license rights, and related technical, engineering,\nlegal and financial services.\n
N.Y. LFN Law § 104.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 104.00
Limitation on amount of local indebtedness which may be contracted
Status: in_force

§ 104.00 Limitation on amount of local indebtedness which may be\ncontracted. a. The term "indebtedness", as used in this section, shall\nmean in relation to a county, city, town, village, school district or\nfire district, any indebtedness other than an indebtedness which would\nbe excluded, pursuant to law, in ascertaining the power of such county,\ncity, town, village, school district or fire district to contract\nindebtedness. For purposes of any debt limitation contained in this\ntitle and title nine of this article, when obligations are sold by a\ncounty, city, town, village, school district or fire district at a\ndiscount, the term indebtedness shall only include the original amount\nof money actually received by such county, city, town, village, school\ndistrict or fire district, irrespective of the face amount of the\nobligations at maturity.\n  * b. No county, city, town, village or school district in a city shall\ncontract indebtedness for any purpose or in any manner which, including\nexisting indebtedness, shall exceed an amount equal to the following\npercentages of the average full valuation of such county, city, town,\nvillage or school district:\n  1. The county of Nassau, for county purposes, ten per centum;\n  2. Any county, other than the county of Nassau, for county purposes,\nseven per centum;\n  3. The city of New York, for city purposes, ten per centum;\n  4. Any city, other than the city of New York, having one hundred\ntwenty-five thousand or more inhabitants according to the latest federal\ncensus, for city purposes; nine per centum;\n  5. Any city having less than one hundred twenty-five thousand\ninhabitants according to the latest federal census, for city purposes,\nexcluding education purposes, seven per centum;\n  6. Any town, for town purposes, seven per centum;\n  7. Any village, for village purposes, seven per centum; and\n  8. Any school district in a city, for education purposes, five per\ncentum.\n  * NB Effective until approval of a concurrent resolution proposing an\namendment to section 4 of article 8 of the constitution at the 2023\ngeneral election\n  * b. No county, city, town or village shall contract indebtedness for\nany purpose or in any manner which, including existing indebtedness,\nshall exceed an amount equal to the following percentages of the average\nfull valuation of such county, city, town or village:\n  1. The county of Nassau, for county purposes, ten per centum;\n  2. Any county, other than the county of Nassau, for county purposes,\nseven per centum;\n  3. The city of New York, for city purposes, ten per centum;\n  4. Any city, other than the city of New York, having one hundred\ntwenty-five thousand or more inhabitants according to the latest federal\ncensus, for city purposes, nine per centum;\n  5. Any city having less than one hundred twenty-five thousand\ninhabitants according to the latest federal census, for city purposes,\nseven per centum;\n  6. Any town, for town purposes, seven per centum; and\n  7. Any village, for village purposes, seven per centum.\n  * NB Effective upon approval of a concurrent resolution proposing an\namendment to section 4 of article 8 of the constitution at the 2023\ngeneral election\n  * c. Notwithstanding the provisions of paragraph b of this section any\nschool district in a city may issue bonds, bond anticipation notes or\ncapital notes for a specific object or purpose, and, where authorized by\nthis chapter, for a class of objects or purposes, in an amount which,\nincluding existing indebtedness, shall exceed an amount equal to five\nper centum of the average full valuation of such school district,\nprovided:\n  1. The tax voted to be collected in installments in relation thereto,\nor the proposition for the approval of a bond resolution or capital note\nresolution in relation thereto, shall have been voted or approved, as\nthe case may be, by at least a sixty per centum vote of the qualified\nvoters voting thereon in person at the meeting or election called for\nsuch purpose;\n  2. The proposition to authorize the tax to be collected in\ninstallments in relation thereto, or the proposition for the approval of\na bond resolution or capital note resolution in relation thereto,\ncontained a statement to the effect that the obligations to be issued\nmay be issued in excess of the constitutional debt limitation of the\nschool district; and\n  3. The board of regents and the state comptroller severally shall\nconsent thereto.\n  * NB Effective until approval of a concurrent resolution proposing an\namendment to section 4 of article 8 of the constitution at the 2023\ngeneral election\n  * c. A school district, except for the payment of judgments, or\ncompromised or settled claims against the school district, or awards or\nsums payable by the school district pursuant to a determination by a\ncourt, or an officer, body or agency acting in an administrative or\nquasi-judicial capacity, shall not issue bonds or bond anticipation\nnotes, if the indebtedness of the school district determined pursuant to\nsection 137.00 of this article will exceed ten per centum of the full\nvaluation of the real property subject to taxation by the school\ndistrict, unless:\n  1. The tax voted to be collected in installments in relation thereto,\nor the proposition for the approval of a bond resolution in relation\nthereto, shall have been voted or approved, as the case may be, before\nJuly first, nineteen hundred sixty-three, by at least a two thirds vote,\nor on and after July first, nineteen hundred sixty-three, by at least a\nsixty per centum vote, of the qualified voters voting thereon in person\nat the meeting or election called for such purpose;\n  2. The board of regents shall consent thereto; and\n  3. In a school district located wholly or partly in the Adirondack\npark which has within its boundaries state lands subject to taxation,\nthe full valuation of which is more than thirty per centum of the full\nvaluation of the real property subject to taxation by the school\ndistrict, the state comptroller, on behalf of the state, also shall\nconsent thereto.\n  * NB Effective upon approval of a concurrent resolution proposing an\namendment to section 4 of article 8 of the constitution at the 2023\ngeneral election\n  * d. A school district, other than a school district in a city, having\nan aggregate assessed valuation of taxable real property of one hundred\nthousand dollars or over, except for the payment of judgments, or\ncompromised or settled claims against the school district, or awards or\nsums payable by the school district pursuant to a determination by a\ncourt, or an officer, body or agency acting in an administrative or\nquasi-judicial capacity, shall not issue bonds or bond anticipation\nnotes, if the indebtedness of the school district determined pursuant to\nsection 137.00 of this chapter will exceed ten per centum of the full\nvaluation of the real property subject to taxation by the school\ndistrict, unless:\n  1. The tax voted to be collected in installments in relation thereto,\nor the proposition for the approval of a bond resolution in relation\nthereto, shall have been voted or approved, as the case may be, before\nJuly first, nineteen hundred sixty-three, by at least a two thirds vote,\nor on and after July first, nineteen hundred sixty-three, by at least a\nsixty per centum vote, of the qualified voters voting thereon in person\nat the meeting or election called for such purpose;\n  2. The board of regents shall consent thereto; and\n  3. In a school district located wholly or partly in the Adirondack\npark which has within its boundaries state lands subject to taxation,\nthe full valuation of which is more than thirty per centum of the full\nvaluation of the real property subject to taxation by the school\ndistrict, the state comptroller, on behalf of the state, also shall\nconsent thereto.\n  * NB Effective until approval of a concurrent resolution proposing an\namendment to section 4 of article 8 of the constitution at the 2023\ngeneral election\n  e. No fire district shall contract idebtedness for any purpose or in\nany manner to an amount which, including existing indebtedness, shall\nexceed three per centum of the full valuation of the taxable real\nproperty of such fire district, except that a fire district may contract\nindebtedness to an amount which, including existing indebtedness, shall\nnot exceed five per centum of the full valuation of the taxable real\nproperty of the fire district if the proposition, when required, for the\napproval of the resolution authorizing the contracting of such\nindebtedness shall have been approved by a two-thirds vote of the\nqualified voters of the fire district voting thereon in person at the\nelection called for that purpose and the state comptroller consents\nthereto. Before any such consent is granted, the state comptroller shall\nfind and determine that it is in the public interest that the limitation\nof three per centum should be exceeded.\n
N.Y. PBA Law § 1178 — New York Code / Act PBA / Article 5 / Title 8 / Section 1178
Powers of the authority
Status: in_force

§ 1178. Powers of the authority. The authority shall have power:\n  1. To prepare or cause to be prepared plans, designs and estimates of\ncosts for the construction of the project, and from time to time to\nmodify such plans, designs or estimates;\n  2. To construct the project and any additions, betterments and\nextensions to the facilities of the authority by contract or contracts,\nor under, through, or by means of its own officers, agents and\nemployees;\n  3. To have jurisdiction, control, possession and supervision of the\nexisting sewer system and the project; to maintain, operate, reconstruct\nand improve the same as a comprehensive sewerage system and to make\nadditions, betterments and extensions thereto, and to have all the\nrights, privileges and jurisdiction necessary or proper for carrying\nsuch power into execution. No enumeration of powers in this or any other\ngeneral, special or local law shall operate to restrict the meaning of\nthis general grant of power or to exclude other powers comprehended\nwithin this general grant;\n  4. To sue and be sued;\n  5. To have a seal and alter the same at pleasure;\n  6. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  7. To acquire, in the name of the city, by purchase or condemnation,\nreal property or rights or easements therein, necessary or convenient\nfor its corporate purposes and to use the same so long as its corporate\nexistence shall continue;\n  8. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of its property and the establishment and collection of rates,\nrentals and charges;\n  9. To make contracts and execute all instruments necessary or\nconvenient;\n  10. To borrow money and to issue negotiable bonds and to provide for\nthe rights of the holders thereof;\n  11. To fix and collect rates, rentals and other charges for goods or\nservices rendered by the authority, subject to and in accordance with\nsuch agreements with holders of bonds as may be made as hereinafter\nprovided;\n  12. To enter on any lands, water and premises as in the judgment of\nthe authority shall be necessary for the purpose of making borings,\nsamples, surveys, soundings and examinations of any effluent source and\nto accomplish any purpose authorized by this title;\n  13. To accept, treat and dispose of the sewage and waste of all\nmunicipal corporations in the county of Erie and from any other persons\nfrom whatever source derived;\n  14. To do all things necessary or convenient to carry out the powers\nexpressly given by this title;\n  15. To establish, adopt, amend or cancel and issue such rules,\nregulations, permits and orders as it deems necessary, desirable or\nconvenient, for the jurisdiction, control, supervision, possession and\nuse of the facilities and for the administration and enforcement of this\ntitle and such rules, regulations, permits and orders applicable to all\nusers;\n  16. To enforce the rules, regulations, orders and permits of the\nauthority for all users and in the event of non-compliance therewith,\nthe authority may take any enforcement action, as may be established in\nthe authority's rules and regulations or otherwise allowed by this\ntitle. The rules, regulations, permits and orders of the authority shall\nbe enforced in jurisdictions outside of the city pursuant to agreements\nwith the county of Erie or the respective sewer districts,\nmunicipalities or political subdivisions for effluent sources located\ntherein. In the absence of such agreements, the authority is authorized\nto enforce its rules, regulations, permits and orders in such\njurisdictions located outside the city directly upon users who violate\nthe authority's rules, regulations, permits or orders, where such\nviolations are not discontinued and remedied, to the authority's\nsatisfaction, by the county of Erie or the respective sewer district,\nmunicipality or political subdivision wherein such effluent source is\nlocated.\n
N.Y. LAB Law § 625 — New York Code / Act LAB / Article 18 / Title 8 / Section 625
Undertaking on appeal
Status: in_force

625. Undertaking on appeal. No appeal shall be taken by an employer\nfrom a decision of the appeal board determining a sum to be due from\nsuch employer unless the amount involved, with interest and penalties\nthereon, if any, shall be first deposited with the commissioner and an\nundertaking filed with the commissioner, in such amount and with such\nsureties as a justice of the supreme court shall approve, to the effect\nthat the employer will pay all costs and charges which may be adjudged\nagainst him in the prosecution of such appeal. At the option of the\nemployer, such undertaking may be in a sum sufficient to cover the said\namount, interest, penalties, costs, and charges as aforesaid, in which\nevent the employer shall not be required to deposit such amount, with\nthe interest and penalties, as a condition precedent to the taking of an\nappeal.\n
N.Y. PBA Law § 1199-YYYY — New York Code / Act PBA / Article 5 / Title 8-G / Section 1199-YYYY
Separability clause
Status: in_force

* § 1199-yyyy. Separability clause. If any section, clause or\nprovision in this title shall be held by a competent court to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB There are 2 § 1199-yyyy's\n
N.Y. PBA Law § 1199-J — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-J
State and county not liable on authority bonds
Status: in_force

§ 1199-j. State and county not liable on authority bonds. Neither the\nstate nor the county shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state, or the county, and such\nbonds shall contain, on the face thereof, a statement to such effect.\n
N.Y. EDN Law § 6605-B — New York Code / Act EDN / Title 8 / Article 133 / Section 6605-B
Dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate
Status: in_force

§ 6605-b. Dental hygiene restricted local infiltration\nanesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist\nshall not administer or monitor nitrous oxide analgesia or local\ninfiltration anesthesia in the practice of dental hygiene without a\ndental hygiene restricted local infiltration anesthesia/nitrous oxide\nanalgesia certificate and except under the personal supervision of a\ndentist and in accordance with regulations promulgated by the\ncommissioner. Personal supervision, for purposes of this section, means\nthat the supervising dentist remains in the dental office where the\nlocal infiltration anesthesia or nitrous oxide analgesia services are\nbeing performed, personally authorizes and prescribes the use of local\ninfiltration anesthesia or nitrous oxide analgesia for the patient and,\nbefore dismissal of the patient, personally examines the condition of\nthe patient after the use of local infiltration anesthesia or nitrous\noxide analgesia is completed. It is professional misconduct for a\ndentist to fail to provide the supervision required by this section, and\nany dentist found guilty of such misconduct under the procedures\nprescribed in section sixty-five hundred ten of this title shall be\nsubject to the penalties prescribed in section sixty-five hundred eleven\nof this title.\n  2. The commissioner shall promulgate regulations establishing\nstandards and procedures for the issuance of such certificate. Such\nstandards shall require completion of an educational program and/or\ncourse of training or experience sufficient to ensure that a dental\nhygienist is specifically trained in the administration and monitoring\nof nitrous oxide analgesia and local infiltration anesthesia, the\npossible effects of such use, and in the recognition of and response to\npossible emergency situations.\n  3. The fee for a dental hygiene restricted local infiltration\nanesthesia/nitrous oxide analgesia certificate shall be twenty-five\ndollars and shall be paid on a triennial basis upon renewal of such\ncertificate. A certificate may be suspended or revoked in the same\nmanner as a license to practice dental hygiene.\n
N.Y. EDN Law § 7702 — New York Code / Act EDN / Title 8 / Article 154 / Section 7702
Authorized practice and the use of the titles "licensed master social worker" and "licensed clinical social worker"
Status: in_force

§ 7702. Authorized practice and the use of the titles "licensed master\nsocial worker" and "licensed clinical social worker". 1. In addition to\nthe licensed social work services included in subdivisions one and two\nof section seventy-seven hundred one of this article, licensed master\nsocial workers and licensed clinical social workers may perform the\nfollowing social work functions that do not require a license under this\narticle, including but not limited to:\n  (a) Serve as a community organizer, planner, or administrator for\nsocial service programs in any setting.\n  (b) Provide supervision and/or consultation to individuals, groups,\ninstitutions and agencies.\n  (c) Serve as a faculty member or instructor in an educational setting.\n  (d) Plan and/or conduct research projects and program evaluation\nstudies.\n  (e) Maintain familiarity with both professional and self-help systems\nin the community in order to assist the client in those services when\nnecessary.\n  (f) Provide advice and guidance and assist individuals or groups with\ndifficult day to day problems such as finding employment, locating\nsources of assistance, and organizing community groups to work on a\nspecific problem.\n  (g) Consult with other agencies on problems and cases served in common\nand coordinating services among agencies or providing case management.\n  (h) Conduct data gathering on social problems.\n  (i) Serve as an advocate for those clients or groups of clients whose\nneeds are not being met by available programs or by a specific agency.\n  (j) Assess, evaluate and formulate a plan of action based on client\nneed.\n  (k) Provide training to community groups, agencies, and other\nprofessionals.\n  (l) Provide administrative supervision.\n  (m) Provide peer services.\n  (n) Collect basic information, gathering of demographic data, and\ninformal observations, screening and referral used for general\neligibility for a program or service and determining the functional\nstatus of an individual for the purpose of determining the need for\nservices.\n  2. Practice of "licensed master social work" and use of the title\n"licensed master social worker" and designation "LMSW". (a) Only a\nperson licensed or exempt under this article shall practice "licensed\nmaster social work" as defined in subdivision one of section\nseventy-seven hundred one of this article.\n  (b) Only a person licensed pursuant to subdivision one of section\nseventy-seven hundred four of this article shall use the title "licensed\nmaster social worker" or the designation "LMSW".\n  3. Practice of "licensed clinical social work" and use of the title\n"licensed clinical social worker" and designation "LCSW". (a) Only a\nperson licensed or exempt under this article shall practice "licensed\nclinical social work" as defined in subdivision two of section\nseventy-seven hundred one of this article.\n  (b) Only a person licensed pursuant to subdivision two of section\nseventy-seven hundred four of this article shall use the title "licensed\nclinical social worker" or the designation "LCSW".\n
N.Y. EDN Law § 6532 — New York Code / Act EDN / Title 8 / Article 131-A / Section 6532
Enforcement, administration and interpretation of this article
Status: in_force

§ 6532. Enforcement, administration and interpretation of this\narticle.  The board of professional medical conduct and the department\nof health shall enforce, administer and interpret this article. Before\nissuing a declaratory ruling pursuant to section two hundred four of the\nstate administrative procedure act with respect to this article, the\ndepartment of health shall fully consult with the department of\neducation. Neither the commissioner of education, the board of regents\nnor the commissioner of health may promulgate any rules or regulations\nconcerning this article.\n
N.Y. VAT Law § 1684 — New York Code / Act VAT / Title 8 / Article 44 / Section 1684
State highways maintained by the state
Status: in_force

§ 1684. State highways maintained by the state. No local authority\nshall place or maintain any traffic-control device on any state highway\nmaintained by the state, or at any location so as to prohibit, restrict\nor limit the movement of traffic proceeding along, entering or crossing\nsuch highway, nor shall any ordinance, rule or regulation affecting\ntraffic or stopping, standing or parking on state highways maintained by\nthe state be effective unless or until approval in writing has been\nobtained from the department of transportation, and the department of\ntransportation may at any time rescind or modify such approval.\n
N.Y. VAT Law § 1693 — New York Code / Act VAT / Title 8 / Article 44-B / Section 1693
Financial responsibility of transportation network companies
Status: in_force

§ 1693. Financial responsibility of transportation network companies.\n1. A TNC driver, or TNC on the TNC driver's behalf through a group\npolicy, shall maintain insurance that recognizes that the driver is a\nTNC driver and provides financial responsibility coverage:\n  (a) while the TNC driver is logged onto the TNC's digital network; and\n  (b) while the TNC driver is engaged in a TNC prearranged trip.\n  2. (a) The following automobile financial responsibility insurance\nrequirements shall apply while a TNC driver is logged onto the TNC's\ndigital network but is not engaged in a TNC prearranged trip: insurance\nagainst loss from the liability imposed by law for damages, including\ndamages for care and loss of services, because of bodily injury to or\ndeath of any person, and injury to or destruction of property arising\nout of the ownership, maintenance, use or operation of a personal\nvehicle or vehicles within this state, or elsewhere in the United States\nin North America or Canada, subject to a limit, exclusive of interest\nand costs, with respect to each such occurrence, of at least\nseventy-five thousand dollars because of bodily injury to or death of\none person in any one accident and, subject to said limit for one\nperson, to a limit of at least one hundred fifty thousand dollars\nbecause of bodily injury to or death of two or more persons in any one\naccident, and to a limit of at least twenty-five thousand dollars\nbecause of injury to or destruction of property of others in any one\naccident, provided however, that such policy need not be for a period\ncoterminous with the registration period of the personal vehicle\ninsured, and coverage in satisfaction of the financial responsibility\nrequirements set forth in section three thousand four hundred twenty of\nthe insurance law, article fifty-one of the insurance law, and such\nother requirements or regulations that may apply for the purposes of\nsatisfying the financial responsibility requirements with respect to the\nuse or operation of a motor vehicle.\n  (b) The coverage requirements of paragraph (a) of this subdivision may\nbe satisfied by any of the following:\n  (i) insurance maintained by the TNC driver; or\n  (ii) insurance provided through a group policy maintained by the TNC;\nor\n  (iii) a combination of subparagraphs (i) and (ii) of this paragraph.\n  3. (a) The following automobile financial responsibility insurance\nrequirements shall apply while a TNC driver is engaged in a TNC\nprearranged trip: insurance against loss from the liability imposed by\nlaw for damages, including damages for care and loss of services,\nbecause of bodily injury to or death of any person, and injury to or\ndestruction of property arising out of the ownership, maintenance, use,\nor operation of a specific personal vehicle or vehicles within this\nstate, or elsewhere in the United States in North America or Canada,\nsubject to a limit, exclusive of interest and costs, with respect to\neach such occurrence, of at least one million two hundred fifty thousand\ndollars because of bodily injury to or death of any person, and injury\nto or destruction of property provided however, that such policy need\nnot be for a period coterminous with the registration period of the\npersonal vehicle insured, and coverage in satisfaction of the financial\nresponsibility requirements set forth in section three thousand four\nhundred twenty of the insurance law, article fifty-one of the insurance\nlaw; coverage provided in accordance with subsection (f) of section\nthree thousand four hundred twenty of the insurance law, providing\nsupplementary uninsured/underinsured motorist insurance for bodily\ninjury, in the amount of one million two hundred fifty thousand dollars\nbecause of bodily injury to or death of any person in any one accident;\nand such other requirements or regulations that may apply for the\npurposes of satisfying the financial responsibility requirements with\nrespect to the use or operation of a motor vehicle.\n  (b) The coverage requirements of paragraph (a) of this subdivision may\nbe satisfied by any of the following:\n  (i) insurance maintained by the TNC driver; or\n  (ii) insurance provided through a group policy maintained by the TNC;\nor\n  (iii) a combination of subparagraphs (i) and (ii) of this paragraph.\n  4. A TNC shall, upon entering into a contractual agreement with a TNC\ndriver, provide notice to the TNC driver that he or she may need\nadditional insurance coverage including motor vehicle physical damage\ncoverage as described in paragraph nineteen of subsection (a) of section\none thousand one hundred thirteen of the insurance law if the TNC\nvehicle being used by the TNC driver is subject to a lease or loan. A\nTNC shall also post this notice on its website in a prominent place, and\nprovide contact information for the department of financial services.\n  5. If insurance maintained by a TNC driver pursuant to subdivisions\ntwo and three of this section has lapsed or does not provide the\nrequired coverage, then the group policy maintained by a TNC shall\nprovide the coverage required by this section beginning with the first\ndollar of a claim and have the duty to defend such claim.\n  6. Coverage under a group policy maintained by the TNC shall not be\ndependent on the denial of a claim by the insurer that issued the\ninsurance policy used to register the TNC vehicle, nor shall that\ninsurer be required to first deny a claim.\n  7. (a) Except as provided in paragraph (b) of this subdivision, a\ngroup policy maintained by a TNC pursuant to subparagraph (ii) of\nparagraph (b) of subdivisions two or three of this section shall be\nplaced with an insurer authorized to write insurance in this state.\n  (b) If a TNC is unable to purchase a group policy pursuant to\nsubparagraph (ii) of paragraph (b) of subdivisions two or three of this\nsection because such insurance is unavailable from authorized insurers\nthe TNC may acquire such group insurance with an excess line broker\npursuant to section two thousand one hundred eighteen of the insurance\nlaw.\n  (c) The obligation to determine whether the insurance required by this\nsection is unavailable from insurers authorized to write insurance in\nthis state shall be made prior to the initial placement and at each\nrenewal of a policy.\n  8. A TNC driver who, while operating a TNC vehicle was logged on to\nthe TNC's digital network but not engaged in a TNC prearranged trip or\nwas engaged in a TNC prearranged trip, and has in effect the insurance\nrequired pursuant to this article, shall not be deemed to be in\nviolation of article six of this chapter during such time that he or she\nwas logged on to the TNC's digital network but not engaged in a TNC\nprearranged trip or was engaged in a TNC prearranged trip.\n  9. A TNC driver shall carry proof of coverage satisfying subdivisions\ntwo and three of this section with him or her at all times during his or\nher use or operation of a TNC vehicle in connection with a TNC's digital\nnetwork. Such proof of coverage shall be in such form as the\ncommissioner shall prescribe, which may be in the form of an insurance\nidentification card as defined in section three hundred eleven of this\nchapter. Any insurance identification card issued pursuant to the\nprovisions of this article shall be in addition to the insurance\nidentification card required pursuant to article six of this chapter,\nand nothing contained in this article shall be deemed to supersede the\nrequirements of such article six. Whenever the production of an\ninsurance identification card is required by law, a TNC driver shall (a)\nproduce the insurance identification card issued pursuant to article six\nof this chapter and, (b) if such driver (i) was logged onto the TNC's\ndigital network but not engaged in a TNC prearranged trip or (ii) was\nengaged in a TNC prearranged trip, such driver shall also produce the\ninsurance identification card required pursuant to this article.\n  10. The superintendent of financial services is authorized to issue\nsuch rules and regulations necessary to implement this section.\n  11. The superintendent of financial services may promulgate\nregulations to address insurance coverage under this section and section\nsixteen hundred ninety-five of this article when a TNC driver uses\nmultiple digital networks simultaneously.\n  12. Nothing in this section shall impose financial responsibility\nrequirements upon any entities operating as vehicles for hire in a city\nwith a population of one million or more.\n  13. An insurer shall not include a mandatory arbitration clause in a\npolicy issued pursuant to this section. Nothing in this section\nsupercedes the mandatory arbitration requirements contained in section\nfive thousand one hundred five of the insurance law.\n
N.Y. PBA Law § 700 — New York Code / Act PBA / Article 3 / Title 8 / Section 700
Short title
Status: in_force

§ 700. Short title.  This title may be cited as the "Ogdensburg bridge\nauthority act."\n
N.Y. SOS Law § 300 — New York Code / Act SOS / Article 5 / Title 8 / Section 300
Declaration of purpose; definitions
Status: in_force

§ 300. Declaration of purpose; definitions. 1. Emergency assistance\nfor aged, blind and disabled persons with emergency needs which, if not\nmet, would endanger the health, safety and welfare of such persons, is\nhereby declared to be a matter of state concern and a necessity in\npromoting the public health and welfare, until such time as the federal\nsupplemental security income program is expanded to meet this federal\nresponsibility. It is the purpose of this title to provide such\nassistance to eligible aged, blind and disabled persons who, in the\ncircumstances specified in this title, have needs that cannot be met by\nthe regular monthly benefit under the federal supplemental security\nincome and additional state payments programs. All efforts should be\nundertaken by New York state's congressional delegation to secure such\nexpansion of the federal program.\n  2. As used in this title, "aged, blind and disabled persons" means\npersons who have been determined to be eligible for or are receiving\nfederal supplemental security income benefits and/or additional state\npayments.\n  3. As used in this title, the terms "emergency assistance" and\n"emergency assistance for aged, blind and disabled persons" mean\npayments to meet emergency needs specified in section three hundred\nthree, made to or for the benefit of persons found to be eligible\ntherefor, in accordance with this title and the regulations of the\ndepartment.\n  4. As used in this title, "supplemental security income benefits"\nmeans payments made by the secretary of the federal department of\nhealth, education and welfare to aged, blind and disabled persons\npursuant to title sixteen of the social security act.\n  5. As used in this title, "additional state payments" means payments\nby social services districts or by the secretary of the federal\ndepartment of health, education and welfare on behalf of the state, to\naged, blind and disabled persons who are receiving, or who would but for\ntheir income be eligible to receive, federal supplemental security\nincome benefits, made pursuant to title sixteen of the federal social\nsecurity act, public law 93-66, and the provisions of this chapter.\n
N.Y. VAT Law § 1642-A — New York Code / Act VAT / Title 8 / Article 39 / Section 1642-A
Bus permit system in cities having a population of one million or more
Status: in_force

§ 1642-a. Bus permit system in cities having a population of one\nmillion or more. 1. For the purposes of this section, the following\nterms shall have the following meanings:\n  a. "Charter bus" shall mean a bus transporting passengers for\ncompensation in chartered party.\n  b. "Chartered party" shall mean a group of persons who, pursuant to a\ncommon purpose and under a single contract and at a fixed charge, have\nacquired exclusive use of a bus to travel together as a group to a\nspecific destination or for a particular itinerary either agreed upon in\nadvance or modified after having left the place of origin by such group.\n  c. "Community board" shall mean a community board as defined in\nsection twenty-eight hundred of the New York city charter.\n  d. "Intercity bus" shall mean a bus that transports the general public\nbetween a city having a population of one million or more and any\nlocation outside of such city in scheduled bus service. Provided,\nhowever, that such term shall not include a school bus; or a bus\nproviding public transportation; or a charter bus.\n  e. "Metropolitan transportation authority" shall mean the corporation\ncreated by section twelve hundred sixty-three of the public authorities\nlaw.\n  f. "Public transportation" shall mean:\n  (i) mass transportation services provided to the general public by any\npublic benefit corporation constituting a transportation authority, or a\nsubsidiary thereof, or any public transportation corporation constituted\nas an instrumentality of a state, or a subsidiary thereof, directly or\nthrough a contact with another entity, or\n  (ii) mass transportation services provided to the general public by\nany county, city, town or village directly or through a contract with\nanother entity pursuant to section one hundred nineteen-r of the general\nmunicipal law, or provided to the general public by another state or any\ncounty, city, town or village in a state other than New York directly or\nthrough a contract with another entity pursuant to a similar law of such\nother state.\n  2. Notwithstanding any provision of law to the contrary, any city\nhaving a population of one million or more may prohibit intercity buses\nfrom loading or unloading passengers on streets within such city except\non designated streets and at designated locations on such streets\npursuant to a permit in accordance with the provisions of this section.\n  3. The mayor of such city which acts pursuant to subdivision two of\nthis section shall designate an agency to promulgate rules to implement\nthis section. Such city agency shall promulgate such rules which shall\ncomply with chapter forty-five of the New York city charter including a\npublic hearing. Such rules shall:\n  a. Establish a system of permits for allocating locations on\ndesignated streets where intercity buses may load and unload passengers,\nand prohibit loading and unloading of passengers other than at such\ndesignated locations on such designated streets pursuant to a permit;\n  b. Require the owner or operator of an intercity bus to submit an\napplication for a permit for each proposed location for loading and\nunloading of passengers. Such application shall include the following\ninformation:\n  (i) The name, address, telephone number, e-mail address and motor\ncarrier number of the intercity bus owner or operator, the United States\ndepartment of transportation number and/or New York state department of\ntransportation number for each bus that would use such proposed\nlocation;\n  (ii) A proposed location or locations to be used by the specified\nintercity buses for loading or unloading passengers, and two or more\nalternative proposed locations;\n  (iii) The number of intercity buses that would use the proposed\nlocation or locations;\n  (iv) The number of passengers anticipated for each such intercity bus;\n  (v) The proposed intercity bus schedule;\n  (vi) The planned garage or parking location of the intercity buses\nduring periods when such buses are not being used; and\n  (vii) Any other information deemed necessary by the commissioner of\nthe city agency designated pursuant to this subdivision.\n  c. Establish criteria for assigning locations to permit applicants,\nwhich shall include traffic and safety considerations, the preferences\nof the applicant, consultation with the local community board as\nprovided in paragraph b of subdivision four of this section and other\ncriteria deemed appropriate by the commissioner of such city agency;\n  d. Provide that such permit shall be issued for a term of up to three\nyears, except that such city may relocate a designated location for the\nloading and unloading of passengers by an intercity bus, upon ninety\ndays notice to the holder of a permit and after consultation with the\nlocal community board as provided in paragraph b of subdivision four of\nthis section, pursuant to the criteria established in accordance with\nparagraph c of this subdivision;\n  e. Include criteria under which intercity bus owners or operators\nassigned a designated location for loading and unloading passengers\nprior to the effective date of this section shall be issued a permit to\nuse such location for the loading and unloading of passengers for a\nperiod of up to three years from the effective date of this section;\n  f. Establish a timeframe of up to one hundred fifty days for\ndeterminations on permit applications, and a process for reviewing the\ndetermination on the application;\n  g. Require intercity bus owners or operators to notify such city\nagency of changes to information provided in such permit application;\n  h. Require intercity bus owners or operators to prominently display a\ncopy of the permit in each intercity bus;\n  i. Require the posting of all approved applications on a website for\npublic access by such city agency within thirty days of approval;\n  j. Include such other requirements as are deemed appropriate by the\ncommissioner of such city agency;\n  k. Set forth a schedule of fines or civil penalties for violations of\nthe rules by owners or operators of intercity buses, including for\nloading or unloading passengers on a city street without a permit or for\nfailure to comply with any permit requirements or restrictions, provided\nthat such fines or civil penalties shall not be more than one thousand\ndollars for a first violation, and not be more than two thousand five\nhundred dollars for a second or subsequent violation within two years of\nthe first violation; and\n  1. Provide for the suspension or revocation of a permit for failure to\ncomply with any permit requirements or restrictions.\n  Such rules also may provide for the imposition of an annual fee for\nsuch permit to cover administrative expenses, not to exceed two hundred\nseventy-five dollars per vehicle.\n  4. The city agency designated pursuant to subdivision three of this\nsection to promulgate rules shall:\n  a. Have the authority to designate streets and locations where the\nloading or unloading of passengers by intercity buses shall be\npermitted;\n  b. Consult with the local community board for the district\nencompassing the location to be designated in a permit, including but\nnot limited to a notice and comment period of forty-five days, prior to\nthe issuance or permanent amendment of such permit;\n  c. Consult with the metropolitan transportation authority when a\nproposed location or relocation for the loading and unloading of\npassengers by an intercity bus would overlap with an existing\nmetropolitan transportation authority bus stop;\n  d. Consult with the port authority of New York and New Jersey when a\nproposed location or relocation for the loading and unloading of\npassengers by an intercity bus would overlap with an existing port\nauthority of New York and New Jersey bus facility.\n  e. Post all locations designated for the loading and unloading of\npassengers by intercity bus on a website for public access within thirty\ndays of approval; and\n  f. Have the authority to temporarily amend any approved location for a\nperiod of up to ninety days for reasons of public safety or other\nemergency or temporary need as determined by such city agency without\nprior consultation with the local community board; provided that such\ncity agency informs the affected community board in writing no more than\nthirty days after any such temporary amendment.\n  5. Notwithstanding any other provision of law, in addition to those\npersons otherwise authorized to enforce any rules promulgated pursuant\nto this section and adjudicate violations thereof pursuant to article\ntwo-A or two-B of this chapter, this section shall also be enforceable\nby an agency or agencies designated for such purpose by the mayor of\nsuch city, and notices of violation issued by such agency or agencies\nshall be returnable to the environmental control board of such city,\nwhich shall have the power to impose the civil penalties herein\nprovided. All proceedings before the environmental control board and any\nenforcement proceedings shall be conducted in accordance with\nsubdivision d of section one thousand forty-nine-a of the New York city\ncharter and the rules of the environmental control board, except that\nservice of a notice of violation of any rule promulgated pursuant to\nthis section shall be made on the owner or operator of the intercity bus\ninvolved in the violation (i) in the same manner as is prescribed for\nservice of process by article three of the civil practice law and rules\nor article three of the business corporation law; (ii) by delivering\nsuch notice to the operator of the intercity bus, and mailing a copy of\nthe notice to the owner or operator of the intercity bus, provided that\nproof of such service shall be filed with the environmental control\nboard within twenty days, and service shall be complete ten days after\nsuch filing; or (iii) by affixing such notice to the intercity bus, and\nmailing a copy of the notice to the owner or operator of the intercity\nbus, provided that proof of such service shall be filed with the\nenvironmental control board within twenty days, and service shall be\ncomplete ten days after such filing. Civil penalties may also be\nrecovered in a proceeding commenced in a court of competent\njurisdiction. Notwithstanding any other provision of law, such civil\npenalties imposed by such environmental control board shall be paid into\nthe general fund of such city. Notwithstanding section one hundred\nfifty-five of this chapter or any other provision of law, where a person\nhas been adjudicated to be in violation of any rules promulgated\npursuant to subdivision three of this section, such adjudication shall\nnot have the force and effect of a conviction of a traffic infraction or\nof a violation of any provision of this chapter for any purpose not\nspecified in this section.\n
N.Y. PBH Law § 2181 — New York Code / Act PBH / Article 21 / Title 8 / Section 2181
COVID-19 contact tracing; confidentiality
Status: in_force

§ 2181. COVID-19 contact tracing; confidentiality. 1. (a) All contact\ntracing information shall be kept confidential by any contact tracer,\ncontact tracing entity, or designated non-governmental entity and may\nnot be disclosed except as necessary to carry out contact tracing or a\npermitted purpose. A designated non-governmental entity may only act in\nrelation to contact tracing information as explicitly authorized by this\ntitle.\n  (b) Where a contact tracer or contact tracing entity discloses contact\ntracing information for a permitted purpose, the contact tracer or\ncontact tracing entity shall make a record of the disclosure, including\nto whom it was made and when it was made, which shall be part of the\ncontact tracing information.\n  (c) Nothing in this title prohibits otherwise lawful voluntary\nreporting, at the discretion of the contact tracer, reasonably and in\ngood faith: (i) to the statewide central registry under title six of\narticle six of the social services law, adult protective services under\ntitles one and two of article nine-B of the social services law, or the\njustice center for the protection of people with special needs under\narticle eleven of the social services law; or (ii) to a governmental or\nnon-governmental emergency reporting system (such as a "911," domestic\nviolence or suicide prevention system) to prevent imminent risk of\ninjury to any person.\n  (d) This title does not limit disclosure to or by, or possession or\nuse by, the case individual or contact individual who is the subject of\nthe information.\n  2. (a) An individual may waive the confidentiality provided for by\nthis section, only by a written, informed and voluntary waiver, in plain\nlanguage and in a language understandable to the individual making the\nwaiver, and not part of any other document. The waiver shall state the\nscope and limit of the waiver. No contact tracer, contact tracing entity\nor governmental or non-governmental entity may seek or act in reliance\non a waiver to distribute, sell, or otherwise disclose identifiable or\nde-identified data to any individual or entity. Provided however,\nnothing in this subdivision shall prohibit distribution or disclosure\nthat is otherwise explicitly authorized by this section. If an\nindividual lacks the capacity to make a waiver, an individual authorized\nto consent to health care for the individual, or the individual's legal\nrepresentative, may make the waiver. However, a waiver of\nconfidentiality is not required to be written if it is solely for the\npurpose of arranging or providing support for the individual who is the\nsubject of the contact tracing information, provided the consent is\ninformed and voluntary.\n  (b) A waiver of confidentiality under this section shall only apply\nfor the purpose of arranging or providing support if the individual who\nis the subject of the contact tracing information (or, if the individual\nlacks the capacity to provide informed consent, an individual authorized\nto consent to health care for the individual, or the individual's legal\nrepresentative) provides voluntary informed consent to the arranging or\nproviding of the support.\n  3. A disclosure of contact tracing information authorized under this\nsection shall be limited in scope as to the identity of any individual,\nthe information to be disclosed, and the party to which disclosure may\nbe made, and as necessary to achieve the purpose of the disclosure under\nthis section, and shall not authorize re-disclosure except as explicitly\nauthorized by the terms of the waiver under this section. However, this\nsection does not bar disclosure of contact tracing information\npertaining to and identifying a case individual or contact individual by\nthe individual who is identified.\n  4. (a) This section does not bar otherwise-lawful disclosure,\npossession or use of de-identified contact tracing information,\nincluding aggregate contact tracing information. Disclosure, possession\nor use under this subdivision shall only be for a public health or\npublic health research or evaluation purpose as determined by the\ncommissioner (or the commissioner of the New York city department of\nhealth and mental hygiene in the case of contact tracing information\ncollected by or under authority of the New York city department of\nhealth and mental hygiene or the New York city health and hospitals\ncorporation), and shall not authorize re-disclosure or other use.\n  (b) A person or entity may only disclose, possess or use de-identified\ncontact tracing information if the person or entity, and the person or\nentity to which it is disclosed, maintains technical safeguards and\npolicies and procedures that prevent re-identification, whether\nintentional or unintentional, of any individual, as may be required by\nthe commissioner (or the New York city commissioner of health and mental\nhygiene in the case of contact tracing information collected by or under\nauthority of the New York city department of health and mental hygiene\nor the New York city health and hospitals corporation). The commissioner\n(or the New York city commissioner as the case may be) shall require\nsafeguards, policies and procedures under this paragraph as the\ncommissioner deems practicable.\n  (c) Disclosure, possession and use of de-identified contact tracing\ninformation under this subdivision shall be only pursuant to approval by\nthe commissioner (or the New York city commissioner of health and mental\nhygiene in the case of contact tracing information collected by or under\nauthority of the New York city department of health and mental hygiene\nor the New York city health and hospitals corporation) specifying the\npurpose, nature and scope of the disclosure, possession and use and\nmeasures to ensure that it will comply with this section and the terms\nof the approval.\n  5. No law enforcement agent or entity or immigration authority shall\nbe a contact tracer or contact tracing entity or engage in contact\ntracing.  This subdivision does not bar an individual who is associated\nwith a law enforcement entity or immigration authority from acting only\nas a case individual or contact individual. This subdivision does not\nprevent a law enforcement agent or entity from assisting in a permitted\nuse under paragraph (b) of subdivision eleven of section twenty-one\nhundred eighty of this title.\n  6. No contact tracer, contact tracing entity or designated\nnon-governmental entity may provide contact tracing information to a law\nenforcement agent, entity or immigration authority, or any individual or\nentity other than the contact tracing entity from which it received the\ninformation, except as explicitly authorized by this title. Without\nconsent under subdivision two of this section, contact tracing\ninformation and any evidence derived therefrom shall not be subject to\nor provided in response to any legal process or be admissible for any\npurpose in any judicial or administrative action or proceeding. However,\nthis subdivision does not restrict providing information, relating to a\nspecified case individual or contact individual, where and only to the\nextent necessary for a permitted purpose.\n  7. (a) Contact tracing entities shall establish appropriate\nadministrative, technical and physical safeguards, policies and\nprocedures that ensure the security of contact tracing information under\nthe entity's jurisdiction. The safeguards, policies and procedures must\nensure contact tracing information is encrypted and protected at least\nas much as or more than other confidential information under the\nentity's jurisdiction. All storage of contact tracing information shall\nmeet the requirements of this title. The commissioner (or the New York\ncity commissioner of health and mental hygiene in the case of contact\ntracing information collected by or under authority of the New York city\ndepartment of health and mental hygiene or the New York city health and\nhospitals corporation) shall make regulations as reasonably necessary to\nrequire that contact tracing information possessed, used or under the\ncontrol of a contact tracer or contact tracing entity shall be subject\nto technical safeguards, policies and procedures for storage,\ntransmission, use and protection of the information. The regulations\nshall prevent possession, use or disclosure of the contact tracing\ninformation not permitted by this title, and shall be at least as or\nmore protective than the safeguards, policies and procedures the\ncommissioner (or the New York city commissioner as the case may be)\nprovides for other confidential information.\n  (b) This paragraph applies to a contact tracer or contact tracing\nentity that is a non-governmental individual or entity employed by or\nunder contract with a governmental entity, or an agent thereof. Within\nsixty days of collecting or receiving the contact tracing information,\nthe entity shall (i) remove information from its possession or control\nand deliver it to the appropriate governmental contact tracing entity or\na designated non-governmental entity specified by the governmental\ncontact tracing entity, retaining no copy of it; (ii) expunge the\ninformation from its possession or control; or (iii) de-identify the\ninformation.  However, the expungement or de-identification of\nparticular contact tracing information may be postponed for up to\nfifteen days after the initial sixty day period while the contact tracer\nor contact tracing entity is actively engaged in contact tracing using\nthat information, provided that the case individual or contact\nindividual to whom it pertains gives voluntary informed consent. The\ndisclosure, possession and use of the de-identified contact tracing\ninformation shall be subject to subdivision four of this section.\n
N.Y. LFN Law § 102.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 102.00
Consent by cities, towns and villages to the contracting of indebtedness by certain district corporations
Status: in_force

§ 102.00 Consent by cities, towns and villages to the contracting of\nindebtedness by certain district corporations.  a. As used in this\nsection, the term "district corporations" shall mean any district\ncorporation other than a fire district, or a river improvement, river\nregulating, or drainage district, established by or under the\nsupervision of the department of conservation.\n  b. A district corporation, as defined in paragraph a of this section,\nshall not contract any indebtedness unless it shall first secure the\nconsent of the city or village within which, or of the town within any\nunincorporated area of which, it is situated in whole or in part.\n  c. Whenever any district corporation, as defined in paragraph a of\nthis section, shall desire to contract indebtedness, it shall file a\npetition in the office of the chief fiscal officer of each city, town or\nvillage affected, for the consent of such municipality to the\ncontracting of such indebtedness. Such petition shall be executed by the\nfinance board of such district corporation and shall contain the\nfollowing items:\n  1. The amount of outstanding indebtedness of such district\ncorporation, the purposes for which it was contracted and the manner in\nwhich such indebtedness will be paid.\n  2. The amount of outstanding indebtedness of such district corporation\ncontracted on or after January first, nineteen hundred thirty-nine, less\nthe total of those amounts included therein which, if contracted by such\ncity, town or village, would be listed as deductions by such\nmunicipality, pursuant to section 136.00 of this chapter, in the debt\nstatement of total net indebtedness prepared pursuant to title ten of\narticle two of this chapter. The amounts so deducted shall be itemized.\n  3. The amount of the indebtedness proposed to be contracted by such\ndistrict corporation, the purpose for which and the manner in which it\nwill be contracted. If only part of such a district corporation is\nsituated within such city, village or the unincorporated area of such\ntown, the petition shall state the proportionate amount of such\nindebtedness which would be allocated to such city, village or town,\npursuant to the procedure set forth in section 120.00 of this chapter,\nregardless of whether such indebtedness would or would not be included\nin ascertaining the power of such municipality to contract indebtedness\nif contracted by such municipality.\n  4. The manner in which funds will be provided for the payment of the\nproposed indebtedness.\n  5. A description of the real property within such city, town or\nvillage subject to the levy of taxes or benefit assessments by or on\nbehalf of such petitioning corporate district.\n  6. The receipts and expenditures of such district corporation for the\nlatest completed fiscal year thereof.\n  d. Immediately after receipt of the petition, the chief fiscal officer\nof such city, town or village shall prepare a certificate which shall\ncontain:\n  1. The average full valuation and the most recent assessed valuation\nof such city, town or village and the average full valuation and the\nmost recent assessed valuation of the real property therein subject to\nthe levy of taxes or benefit assessments by or on behalf of such\npetitioning district corporation.\n  2. A statement of the debt of such city, town or village, prepared in\nthe manner set forth in title ten of article two of this chapter, as of\na date not more than thirty days previous to the date of such\ncertificate, except that in a city containing more than one county such\nstatement shall be prepared as of a date not more than sixty days\nprevious to the date of such certificate.\n  3. The amount of indebtedness proposed to be contracted by the\npetitioning district corporation or if such district corporation is not\nwholly contained within such city, village, or the unincorporated area\nof such town, the proportionate amount of such indebtedness which would\nbe allocated to such city, village or town pursuant to the procedure set\nforth in section 120.00 of this chapter, regardless of whether such\nindebtedness would or would not be included in ascertaining the power of\nsuch municipality to contract indebtedness, and the percentage which\nsuch proposed indebtedness or proportionate amount thereof, as the case\nmay be, bears to\n  (a) The average full valuation of such city, town or village and\n  (b) The average full valuation of the real property within such city,\ntown or village subject to the levy of taxes or benefit assessments by\nor on behalf of the petitioning district corporation.\n  e. The finance board of each such city, town or village may require\nany officer, board or agency of such municipality or of the district\ncorporation to furnish such additional data and information in his or\nits possession as such finance board deems necessary to enable it to\nmake its decision as to whether or not to grant the consent petitioned\nfor.\n  f. The chief fiscal officer shall present the petition of the district\ncorporation to the finance board of such city, town or village together\nwith his certificate at the next regular meeting of such board to be\nheld after the preparation of his certificate or at a special meeting\nthereof called for the purpose of fixing a time and place for a public\nhearing on such petition. Upon presentation of the petition and\ncertificate, the finance board of such city, town or village shall adopt\na resolution fixing a time and place for a public hearing upon such\npetition and shall cause a notice thereof to be published at least once\nin the official newspaper or newspapers of such municipality, or if\nthere be no such newspaper or newspapers, then in a newspaper having a\ngeneral circulation in such city, town or village. The first publication\nthereof shall be not less than ten days nor more than twenty days before\nthe day designated therein for the hearing. Such notice shall specify\nthe purpose of the hearing and the time when and place where such\nfinance board will meet to consider such petition. It shall also set\nforth in full the certificate of the chief fiscal officer of such city,\ntown or village. Such publication shall be at the expense of the\npetitioning district corporation.\n  g. After a public hearing held upon notice as hereinbefore provided,\nthe consent of such city, town or village may be granted by at least a\ntwo-thirds vote of the voting strength of such finance board. If such\nfinance board shall consent to the contracting of indebtedness in an\namount which would increase the indebtedness of such city, town or\nvillage by three per centum of the average full valuation thereof, such\naction shall:\n  1. In the case of a city, be subject to a permissive referendum if a\nprocedure for a permissive referendum shall have been adopted by local\nlaw pursuant to section 34.00 of this chapter.\n  2. (a) In the case of a town of the first class, be subject to a\npermissive referendum in the manner provided in section 35.00 of this\nchapter.\n  (b) In the case of a town of the second class, be subject to a\nmandatory referendum in the manner provided in article six of the town\nlaw.\n  3. In the case of a village, be subject to a permissive referendum in\nthe manner provided in section 36.00 of this chapter.\n  h. If all the cities, towns or villages affected do not give their\nconsent to the petitioning district corporation in the manner provided\nin this section, such corporate district shall not contract such\nindebtedness.\n
N.Y. PBH Law § 1353 — New York Code / Act PBH / Article 13 / Title 8 / Section 1353
Food places; violations; penalties
Status: in_force

§ 1353. Food places; violations; penalties.  1. Any person or\ncorporation, or officer thereof, violating any of the provisions of\nsections thirteen hundred fifty to thirteen hundred fifty-three,\ninclusive, of this chapter, shall be guilty of a misdemeanor.\n  2. The conviction of a corporation shall not relieve any officer or\nofficers, agents or employees of such corporation from prosecution under\nthe provisions of sections thirteen hundred fifty to thirteen hundred\nfifty-three, inclusive, of this chapter.\n
N.Y. EDN Law § 7003 — New York Code / Act EDN / Title 8 / Article 141 / Section 7003
State board for podiatry
Status: in_force

§ 7003. State board for podiatry.  A state board for podiatry shall be\nappointed by the board of regents on recommendation of the commissioner\nfor the purpose of assisting the board of regents and the department on\nmatters of professional licensing and professional conduct in accordance\nwith section sixty-five hundred eight of this title.  The board shall be\ncomposed of not less than seven podiatrists licensed in this state.  An\nexecutive secretary to the board shall be appointed by the board of\nregents on recommendation of the commissioner.\n
N.Y. VAT Law § 1640-H — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-H
Residential parking system in the city of Peekskill
Status: in_force

* § 1640-h. Residential parking system in the city of Peekskill. 1.\nNotwithstanding the provisions of any law to the contrary, the common\ncouncil of the city of Peekskill may, by adoption of a local law or\nordinance, provide for a residential parking permit system and fix and\nrequire the payment of fees applicable to parking within the area in\nwhich such parking system is in effect in accordance with the provisions\nof this section.\n  2. Such residential parking permit system may only be established\nwithin the area of the city generally bounded on the north and west\nsides by South Street, on the south side by Bay Street and on the east\nside by Smith Street and any and all streets and roads within that area\nincluding but not limited to those portions of Grove Street, Hudson\nAvenue, LaFayette Place, Simpson Place and Requa Street within that\narea, plus the portions of Bay Street and Requa Street located on the\neast side of Smith Street within one hundred feet of the east side of\nSmith Street.\n  3. Notwithstanding the foregoing, no permit shall be required on\nstreets where the adjacent properties are zoned for commercial/retail\nuse.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem; and\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement; and\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect; and\n  (d) make not less than twenty percent of all spaces within the permit\narea available to non-residents and shall provide for short-term parking\nof not less than ninety minutes in duration in such area; and\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe city.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  * NB There are 2 § 1640's\n
N.Y. VAT Law § 1682 — New York Code / Act VAT / Title 8 / Article 44 / Section 1682
Local traffic-control devices
Status: in_force

§ 1682. Local traffic-control devices. Local authorities in their\nrespective jurisdiction shall place and maintain such traffic-control\ndevices, conforming to the state manual and specifications, as they may\ndeem necessary to indicate and carry out the provisions of this chapter\nor local traffic ordinances, orders, rules or regulations or to\nregulate, warn, or guide traffic, except that a city having a population\nin excess of one million shall conform to the state manual and\nspecifications only insofar as such local authority in its discretion\ndeems practicable.\n
N.Y. VAT Law § 1613 — New York Code / Act VAT / Title 8 / Article 36 / Section 1613
Review by courts
Status: in_force

§ 1613. Review by courts.  Any order made by the department of\ntransportation pursuant to this chapter shall be subject to review by\nthe supreme court in the manner provided in article seventy-eight of the\ncivil practice law and rules or by any other appropriate remedy.\nProceedings to review shall be brought in Albany county. Such\nproceedings shall be entitled to a preference.\n
N.Y. VAT Law § 1642-B — New York Code / Act VAT / Title 8 / Article 39 / Section 1642-B
Installation and operation of intelligent speed assistance devices; demonstration program in the city of New York
Status: in_force

* § 1642-b. Installation and operation of intelligent speed assistance\ndevices; demonstration program in the city of New York. 1. Definitions.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\n  a. "Administering agency" shall mean one or more agencies and/or\nadministrative tribunals designated by the mayor of a city having a\npopulation in excess of one million to administer an intelligent speed\nassistance device demonstration program authorized pursuant to this\nsection; provided, however, that a non-governmental entity shall not be\ndesignated as an administering agency;\n  b. "Installation period" shall mean the mandatory period of time that\nan owner is required to install and maintain an intelligent speed\nassistance device pursuant to a local law or ordinance adopted pursuant\nto this section;\n  c. "Intelligent speed assistance device" shall mean a device installed\non a motor vehicle utilizing technology to restrict the speed of the\nmotor vehicle based on the maximum speed limits established pursuant to\nthis chapter where such motor vehicle is being operated. Such technology\nshall allow for the manual override of such restrictions past the speed\nlimit, if necessary, based on traffic conditions; and\n  d. "Owner" shall have the same meaning as provided in section one\nhundred twenty-eight of this chapter.\n  2. Establishment. Notwithstanding any provision of law to the\ncontrary, the city of New York is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram authorizing the imposition of a requirement on the owner of a\nparticular motor vehicle who has been found liable for monetary\npenalties for violations, in a school speed zone within such city, of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter following entry of a\nfinal decision or decisions in response to sixteen notices of liability\nissued within a twelve month period to such owner with respect to such\nparticular motor vehicle for failure of an operator thereof to comply\nwith such posted maximum speed limits in a school speed zone within such\ncity pursuant to such photo speed violation monitoring system\ndemonstration program, to install and maintain an intelligent speed\nassistance device in accordance with the provisions of a local law or\nordinance adopted pursuant to this section. Such local law or ordinance\nmay provide for exemptions for certain categories of vehicles for which\ninstallation of an intelligent speed assistance device would not further\nthe purposes of such demonstration program or which could otherwise\nimpair public safety or general welfare. Provided, however, that the\nfollowing shall be exempt from the demonstration program authorized\npursuant to this section: (a) motor vehicles owned or leased by the\nstate, a governmental entity, a public authority, a county, town, city,\nvillage or any other political subdivision of the state; (b) motor\nvehicles owned or leased by a business entity that are routinely\noperated by two or more of such entity's workers, provided, however,\nthat if a business entity assigns a vehicle to a single worker, and\nduring the period of such assignment the vehicle has been made subject\nto an order for installation of an intelligent speed assistance device\nas set forth in subdivision three of this section, such particular\nvehicle shall be subject to the provisions of this section; (c) licensed\nvehicles as defined in section 19-502 of the administrative code of the\ncity of New York, regulated by the New York city taxi and limousine\ncommission; and (d) authorized emergency vehicles. For purposes of this\nsubdivision, the term "business entity" shall mean an entity organized\nunder the laws of the state, or authorized to do business in the state,\nincluding but not limited to, business corporations, limited liability\ncompanies, partnerships, or not-for-profit corporations, but shall not\ninclude such entities organized or authorized that do not perform a bona\nfide business purpose, nor entities owned by a single person or\nhousehold, including but not limited to single-member limited liability\ncompanies or single shareholder corporations.\n  3. Determination and notification. a. Whenever the administering\nagency determines that an owner of a particular motor vehicle has been\nfound liable for monetary penalties following entry of a final decision\nor decisions in response to sixteen notices of liability issued within a\nperiod of twelve months with respect to such particular motor vehicle\nfor failure of an operator thereof to comply with posted maximum speed\nlimits in a school speed zone within such city when a school speed limit\nis in effect as provided in paragraphs one and two of subdivision (c) of\nsection eleven hundred eighty of this chapter or when other speed limits\nare in effect as provided in subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this chapter through the installation and\noperation of photo speed violation-monitoring systems in accordance with\narticle thirty of this chapter, such administering agency shall order\nthe installation of an intelligent speed assistance device on such motor\nvehicle and, except as otherwise provided in paragraph (b) of\nsubdivision two of this section, on each other motor vehicle owned by\nsuch owner during the relevant installation period. Such administering\nagency shall send such owner no fewer than two written notices that they\nare required to install and maintain a functioning intelligent speed\nassistance device, of a model and type as specified pursuant to a local\nlaw or ordinance adopted pursuant to this section, for the applicable\ninstallation period as provided in subdivision four of this section.\nSuch notifications shall include: (i) a date certain by which an\nintelligent speed assistance device must be installed; (ii) a statement\nthat the owner must provide the administering agency with proof of\ncompliance within thirty days of the date the owner is ordered to\ninstall such device and instructions for how to submit such proof; (iii)\na statement that the owner shall be responsible for the cost of\ninstalling, maintaining, and removing such device absent a finding of\nfinancial inability to pay, the approximate cost to the owner of\ninstalling, maintaining, and removing such device, and that such costs\nmay be paid in installments; (iv) information advising the owner of the\nmanner and the time in which they may contest the order to install an\nintelligent speed assistance device; and (v) prominent warnings that\nfailure to install such device and failure to submit proof of such\ncompliance could result in a violation, registration suspension, and an\nextension of the installation period unless the administering agency\nmakes a finding of good cause for such failure. Such administering\nagency shall also offer an opportunity to each owner to formally contest\nan order to install an intelligent speed assistance device following the\nissuance of such order and prior to the date certain that such device\nmust be installed pursuant to subdivision five of this section, and\npursuant to published criteria to be considered in determining whether\nsuch order shall be upheld or withdrawn, which shall include whether\nsuch vehicles are exempt pursuant to subdivision two of this section,\nprovided that: (A) such opportunity shall not permit such owner to\ncontest any notices of liability previously adjudicated to finality\nwhere such owner was found liable for monetary penalties issued pursuant\nto section eleven hundred eighty-b of this chapter; and (B) following a\nproper contestation submission, the relevant installation period shall\nnot commence until such contestation process has fully completed and\nsuch order shall have been upheld or withdrawn.\n  b. Following the failure of an owner to install an intelligent speed\nassistance device by the date certain required to be provided to such\nowner pursuant to paragraph (a) of this subdivision, an additional\nwritten notification shall be sent to such owner to notify them of such\nfailure and of the statements and warning set forth in subparagraphs\n(ii), (iii), (iv) and (v) of such paragraph.\n  4. Installation and removal. a. An owner required to install and\nmaintain an intelligent speed assistance device pursuant to a local law\nor ordinance adopted pursuant to this section shall install and maintain\na functioning intelligent speed assistance device in accordance with the\nprovisions of such local law or ordinance: (i) for a period of twelve\nmonths for the first time an owner is ordered to install an intelligent\nspeed assistance device under this subdivision; (ii) for a period of\ntwenty-four months the second time such owner is mandated to install an\nintelligent speed assistance device under this subdivision within a\nperiod of ten years of completing the first term of installation; (iii)\nfor a period of thirty-six months the third time such owner is mandated\nto install an intelligent speed assistance device under this subdivision\nwithin a period of fifteen years of completing the first term of\ninstallation; and (iv) for the fourth or subsequent time such owner is\nmandated to install an intelligent speed assistance device under this\nsubdivision, a period of time not to conclude until such time as the\nadministering agency approves such removal.\n  b. Upon the conclusion of the period in which an owner is required to\ninstall and maintain an intelligent speed assistance device, the\nadministering agency of such city shall provide written notification\nauthorizing the removal of such device to such owner and shall notify\nthe commissioner in such manner and form as the commissioner may\nprescribe, and the commissioner shall remove any corresponding notation\non each applicable registration record of such owner.\n  5. Monitoring of compliance and recording of condition. a. The owner\nof a motor vehicle required to install and maintain an intelligent speed\nassistance device pursuant to a local law or ordinance adopted pursuant\nto this section shall provide proof of installation to the administering\nagency of such city, in a manner provided by such local law or\nordinance, within thirty days of the date certain that such device must\nbe installed by such owner as ordered by the administering agency.\n  b. When the administering agency of such city imposes the condition\nspecified in subdivision three of this section, it shall notify the\ncommissioner in such manner and form as the commissioner may prescribe,\nand, if practicable, the commissioner shall note such condition on the\nowner's registration record of each motor vehicle subject to such\ncondition.\n  c. A local law or ordinance adopted pursuant to this section shall\nprovide for the monitoring of compliance of owners required to install\nand maintain an intelligent speed assistance device pursuant to a\ndemonstration program established pursuant to this section.\n  6. Cost of installation and maintenance. a. The cost of installation,\nmaintenance including repair and replacement, and removal of the\nintelligent speed assistance device shall be borne by the owner subject\nto such condition and such cost may be paid in installments at no charge\nto the owner. The administering agency shall offer such owners the\nopportunity to enter into an installment payment plan at any time.\nProvided, however, that when the administering agency determines such\nowner is financially unable to afford such cost, such cost shall be\nwaived. An owner shall be presumptively deemed to be financially unable\nto afford such cost if the owner's household income is at or below two\nhundred percent of the federal poverty level as documented.\n  b. The service provider of the device shall be responsible for the\ninstallation, calibration, maintenance, and removal of such device. The\nservice provider shall also be responsible for providing written user\ninstructions and device guidelines to owners whose vehicles are equipped\nwith such devices.\n  7. Privacy. a. A local law or ordinance adopted pursuant to this\nsection shall include measures to protect the privacy of owners required\nto install and maintain intelligent speed assistance devices and to\nenforce such measures. Such measures shall include:\n  (i) encryption of information and data created, collected, recorded,\nor otherwise captured by intelligent speed assistance devices installed\nand maintained by owners including, but not limited to, personally\nidentifiable information, geolocation data, and any data and information\nshared between administering agencies and the manufacturers and service\nproviders of such devices;\n  (ii) de-identifying or aggregating of motor vehicle geolocation data;\n  (iii) restricting the information obtained by the administering agency\nfrom intelligent speed assistance devices to only that which is strictly\nnecessary to monitor compliance by an owner required to install and\nmaintain an intelligent speed assistance device;\n  (iv) creation of a framework in accordance with state law for data\ncollection, storage, sharing, and destruction that adheres to the\nrestrictions provided in this subdivision;\n  (v) methods to inform owners required to install and maintain\nintelligent speed assistance devices of what data is collected, how it\nis used, and with whom it may be shared;\n  (vi) oversight procedures to enforce compliance with the privacy\nprotection measures under this subdivision and any local law or\nordinance adopted pursuant to this section including but not limited to\nsecurity audits to ensure consistent application and ongoing compliance\nof the administering agency, intelligent speed assistance device\nmanufacturers and service providers; and\n  (vii) information security standards including identifying and\nassessing internal and external security risks, physical access\ncontrols, up-to-date anti-malware software, and documented incident\nresponse procedures.\n  b. Information and data created, collected, recorded, or otherwise\ncaptured by intelligent speed assistance devices shall be for the\nexclusive use of the city of New York for the sole purpose of monitoring\ncompliance with the requirement of an owner to install and maintain an\nintelligent speed assistance device, and shall be destroyed by such city\nupon the completion of the term of such installation and maintenance.\nNotwithstanding the provisions of any other law, rule or regulation to\nthe contrary, information and data from an intelligent speed assistance\ndevice shall not be open to the public, nor subject to civil or criminal\nprocess or discovery, nor used by any court or administrative or\nadjudicatory body in any action or proceeding therein except that which\nis necessary for the monitoring of compliance pursuant to this section,\nand no public entity or employee, officer or agent thereof shall\ndisclose such information, except that such information and data shall\nbe available for inspection and copying and use by the motor vehicle\nowner for so long as such information and data are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent.\n  c. No person, firm, association, partnership, limited liability\ncompany, corporation, manufacturer or service provider shall sell,\nshare, transfer, publish, lease, release, or otherwise make available to\nany third party any personally identifiable information or any\ninformation and data created, collected, recorded, or otherwise captured\nby intelligent speed assistance devices installed and maintained by\nowners pursuant to a local law adopted pursuant to this section, and\nshall destroy such information and data upon the completion of the term\nof such installation and maintenance. For the purposes of this\nparagraph, "third party" shall not include an administering agency.\n  8. Certification and standards. a. The administering agency shall\napprove intelligent speed assistance devices and service providers of\nintelligent speed assistance devices pursuant to a local law or\nordinance adopted pursuant to this section and shall publish a list of\napproved devices and service providers which shall be publicly\navailable. Service providers approved by the administering agency shall\nbe required to be qualified to install, calibrate, service, and remove\napproved intelligent speed assistance devices, and shall comply with the\nprivacy requirements of subdivision seven of this section and any local\nlaw or ordinance adopted pursuant to this section.\n  b. After consultation with manufacturers of intelligent speed\nassistance devices, the administering agency shall promulgate\nregulations regarding standards for, and use of, intelligent speed\nassistance devices. Such standards shall include provisions for device\ncalibration and shall also include, but not be limited to, requirements\nthat the devices:\n  (i) have features that make circumventing or bypassing the device\ndifficult and that do not interfere with the normal or safe operation of\nthe motor vehicle, provided that the manual override referenced in\nparagraph c of subdivision one of this section shall not be considered a\nfeature to circumvent or bypass the device;\n  (ii) work accurately and reliably in an unsupervised environment;\n  (iii) resist tampering and give evidence if tampering is attempted;\n  (iv) minimize inconvenience to users of the motor vehicle;\n  (v) operate reliably over the range of motor vehicle environments and\nmotor vehicle manufacturing standards; and\n  (vi) are manufactured by a party covered by product liability\ninsurance and liability insurance against installation and maintenance\nerrors.\n  9. Circumvention of intelligent speed assistance device; installation.\na. No person shall tamper with or circumvent an otherwise operable\nintelligent speed assistance device. A first violation of this paragraph\nshall be a traffic infraction punishable by a fine of not less than\nfifteen hundred dollars nor more than twenty-five hundred dollars and\nthe commissioner shall suspend the registration of the motor vehicle\nsubject to the tampered or circumvented device pursuant to paragraph (a)\nof subdivision four-i of section five hundred ten of this chapter for\ntwelve months and the relevant installation period shall be extended by\nsix months. A subsequent violation of this paragraph shall be a traffic\ninfraction punishable by a fine of not less than fifteen hundred dollars\nnor more than twenty-five hundred dollars and the commissioner shall\nsuspend the registration of the motor vehicle subject to the tampered or\ncircumvented device pursuant to paragraph (a) of subdivision four-i of\nsection five hundred ten of this chapter for a period of twelve months\nand the relevant installation period shall be extended by twelve months.\n  b. No person required to install an intelligent speed assistance\ndevice pursuant to a local law or ordinance adopted pursuant to this\nsection shall fail to install such device and provide proof of such\ninstallation to the administering agency within thirty days of the date\ncertain that such device must be installed by such owner as ordered by\nthe administering agency, absent a finding by the administering agency\nof good cause for that failure. A violation of this paragraph shall be a\ntraffic infraction punishable by a fine of not less than fifteen hundred\ndollars nor more than twenty-five hundred dollars. Upon the failure by\nan owner to install such device and provide proof of such installation\nto the administering agency within forty-five days of the date certain\nthat such device must be installed by such owner as ordered by the\nadministering agency, absent a finding by the administering agency of\ngood cause for that failure, the commissioner shall suspend the\nregistration of the relevant motor vehicle pursuant to paragraph (b) of\nsubdivision four-i of section five hundred ten of this chapter.\n  c. Notwithstanding the provisions of any other law, rule or regulation\nto the contrary, following entry of a final decision or decisions in\nresponse to three notices of liability issued to an owner of a\nparticular motor vehicle for failure of an operator thereof to comply\nwith posted maximum speed limits in a school speed zone within the city\nof New York pursuant to a photo speed violation monitoring system\ndemonstration program in accordance with article thirty of this chapter\nafter having failed to comply with an order to install an intelligent\nspeed assistance device on such motor vehicle pursuant to a local law or\nordinance adopted in accordance with this section by the date ordered\nshall constitute a traffic infraction punishable by a fine of not less\nthan fifteen hundred dollars nor more than twenty-five hundred dollars;\nprovided, however, that no traffic violation shall occur if any such\nnotice of liability is issued following the expiration of the relevant\ninstallation period and authorization of the removal of the intelligent\nspeed assistance device in accordance with subdivision four of this\nsection. Following final adjudication of such traffic infraction the\nrelevant installation period shall be extended by twelve months.\n  d. Following an order by the administering agency to a motor vehicle\nowner to install an intelligent speed assistance device with respect to\nsuch vehicle, the commissioner may, in their discretion, deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where the\ncommissioner has determined that such registrant's intent has been to\nevade the purposes of this section and where the commissioner has\nreasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this section. Such denial\nshall only remain in effect until the administering agency has sent the\nowner written notification authorizing the removal of such intelligent\nspeed assistance device.\n  10. Warning label. The local law or ordinance adopted pursuant to this\nsection shall provide for the design of a warning label which the\nmanufacturer or service provider shall affix to each intelligent speed\nassistance device upon installation in the state. The label shall\ncontain a warning that any person tampering or circumventing the device\nis guilty of a violation and may be subject to civil liability.\n  11. Reporting of program results. a. By July first, two thousand\ntwenty-eight and every two years thereafter in which the demonstration\nprogram is operable, the administering agency shall submit a report to\nthe governor, the temporary president of the senate, the speaker of the\nassembly, and the chairs of the senate and assembly transportation\ncommittees on the results of any demonstration program authorized by\nsubdivision two of this section. Such report shall include at minimum\nand with respect to the preceding twenty-four months:\n  (i) the aggregate number of motor vehicle owners ordered to install an\nintelligent speed assistance device in accordance with subdivision three\nof this section, the aggregate number of such motor vehicles subject to\nsuch orders in total, and in the aggregate by county within New York\nstate and within any other state;\n  (ii) the aggregate number of contestations elected by motor vehicle\nowners in accordance with paragraph a of subdivision three of this\nsection and the percentage of such contestations resulting in (A) an\nupheld or (B) a withdrawn order;\n  (iii) in the aggregate, the number of motor vehicle owners authorized\nto remove such device, the number of motor vehicles to which such\nremoval authorization applies, and the relevant installation period for\neach such device, pursuant to subdivision four of this section, which\nshall be anonymized;\n  (iv) in the aggregate, the number of motor vehicle owners for whom the\ncost of device installation was waived pursuant to subdivision six of\nthis section;\n  (v) the list of service providers of intelligent speed assistance\ndevices approved pursuant to subdivision eight hereof;\n  (vi) the aggregate number of violations for paragraphs a and b of\nsubdivision nine of this section that were adjudicated and the results\nof such adjudications including breakdowns of dispositions made;\n  (vii) the number and amount of fines imposed, and the aggregate number\nof registrations suspended, for violations of paragraphs a and b of\nsubdivision nine of this section; and\n  (viii) the effectiveness and adequacy of the demonstration program to\ndetermine the impact on speeding violations and prevention of crashes.\n  b. Such report shall also be made publicly available on the website of\nthe New York city department of transportation.\n  * NB Effective May 26, 2027\n  * NB Repealed July 1, 2032\n
N.Y. EDN Law § 6741 — New York Code / Act EDN / Title 8 / Article 136 / Section 6741
Exemption
Status: in_force

§ 6741. Exemption. a. This article shall not be construed to affect or\nprevent a physical therapist assistant student from engaging in clinical\nassisting under the supervision of a licensed physical therapist as part\nof a program conducted in an approved program for physical therapist\nassistants or in a clinical facility or health care agency affiliated\nwith the program for physical therapist assistants.\n  b. Supervision of a physical therapist assistant student by a licensed\nphysical therapist shall be on-site supervision and not necessarily\ndirect personal supervision.\n  c. Nothing in this article is intended to affect the overall medical\ndirection by a licensed physician of a physical therapist assistant.\n
N.Y. RSS Law § 74 — New York Code / Act RSS / Article 2 / Title 8 / Section 74
Procedure for retirement
Status: in_force

§ 74. Procedure for retirement. a. Every application for a retirement\nallowance or other benefit provided by this article shall be executed\nand filed with the comptroller. Each such application shall contain such\ninformation as the comptroller shall deem necessary.\n  b. The comptroller shall have exclusive authority to determine all\napplications for any form of retirement or benefit provided for in this\narticle. He shall examine into the facts of each such application, and\nto that end, shall have full power and authority to:\n  1. Employ experts and specialists, and\n  2. Require the attendance of the applicant and other witnesses, and\n  3. Require the production of all books, papers, documents and other\nrecords pertaining to such inquiry, and\n  4. Administer oaths and take testimony.\nThe comptroller shall have the power to issue subpoenas, under his hand,\nreturnable anywhere in the state. Any such subpoena shall be served in\nthe same manner and have the same force and effect as a subpoena issued\nin an action pending in the supreme court.\n  c. After making his determination on any application the comptroller\nforthwith shall mail a written notice thereof to the applicant. Such\nnotice shall be mailed to the address given in such application.\n  d. At any time within four months after the mailing of such notice,\nthe applicant or his counsel may serve a written demand upon the\ncomptroller for a hearing and redetermination of such application. After\nthe service of such demand, the comptroller shall hold a hearing upon\nsuch application at which the applicant may be represented by counsel.\nThe comptroller shall have the same powers upon such hearing as upon the\noriginal application. After such hearing the comptroller shall make his\nfinal determination. A copy thereof shall be mailed to the applicant and\nhis counsel, if any. Such final determination shall be subject to review\nonly as provided in article seventy-eight of the civil practice law and\nrules.\n  e. To aid him in passing upon applications for retirement, the\ncomptroller shall appoint a medical board consisting of not less than\nfive physicians who shall hold office at his pleasure. Such medical\nboard shall:\n  1. Arrange for and pass upon all medical examinations required or\nallowed under the provisions of this article, and\n  2. Have full power and authority to investigate statements and\ncertificates submitted by or on behalf of a claimant in connection with\nany application for accidental death benefit, disability retirement or\nrestoration to service thereafter, and\n  3. Have full power and authority to administer oaths and require sworn\nstatements and testimony with respect to matters under its jurisdiction.\nThe comptroller may designate other doctors to conduct the medical\nexamination required or allowed hereunder. The medical board, in any\ncase in which it shall deem it advisable, may require any such doctor to\nconduct any such examination and to report in writing his findings\nthereon to the medical board. The medical board shall thereupon consider\nsuch report. Upon completion of its examination and investigation and\nafter the consideration of the report, if any, of any such other doctor,\nthe medical board shall submit to the comptroller a report of its\nfindings and proceedings which shall include the report, if any, of such\nother doctor. The report of the medical board shall be admissible in\nevidence upon any hearing before the comptroller or in connection with\nany examination or investigation conducted by him pursuant to this\narticle.\n  f. The comptroller, in any particular case, may designate one of his\ndeputies or any other person to perform the duties imposed upon him by\nthis section.\n  g. In connection with the proceedings authorized by this section the\ncomptroller shall not be bound by common law or statutory rules of\nevidence, or by technical or formal rules of procedure.\n
N.Y. PBA Law § 704 — New York Code / Act PBA / Article 3 / Title 8 / Section 704
Consent of state
Status: in_force

§ 704. Consent of state. 1. The state of New York hereby authorizes\nthe commissioner of general services to consent, in his discretion, to\nthe use and occupation by the authority of any unappropriated lands of\nthe state of New York including the land under the waters of the Saint\nLawrence river, necessary for the construction and operation of the\nbridge and approach roads herein authorized upon such terms and\nconditions as such commissioner may deem appropriate.\n  2. The state hereby further authorizes the commissioner of general\nservices, with the consent of the commissioner of mental hygiene and\napproval of the director of the budget, to grant to the authority a\nportion of the lands of the Saint Lawrence state hospital located in the\ncounty of Saint Lawrence, upon such terms and conditions, including\nconsideration, as such commissioner may determine. The portion of such\nlands of such hospital herein authorized to be granted shall be taken\nfrom the westerly end of the hospital property on the northerly side of\nProctor avenue and to be bounded on the south by the northerly line of\nProctor avenue, on the north and northwest by the high water line of the\nSaint Lawrence river, on the west by the westerly boundary line of said\nhospital property and on the east by a line running from the northerly\nline of Proctor avenue northerly to the high water line of the Saint\nLawrence river so as to contain within said bounds approximately\nseventy-five acres of land together with a triangular parcel of land\nbetween Proctor avenue and the northerly line of arterial route\nthirty-seven, bounded on the west by a westerly boundary line of said\nhospital grounds, on the south and east by the northerly boundary of\narterial route thirty-seven, and on the north by the south side of\nProctor avenue, excepting therefrom any and all lands taken and devoted\nto highway purposes of the state of New York. The department of\ntransportation shall make an accurate survey of the parcels so to be\ngranted and the grants to the authority may describe the land according\nto such surveys. The commissioner of general services in determining the\namount of the consideration for such grants shall take into account the\nobsolescence of the improvements on the land conveyed, the cost to the\nauthority, as estimated by the commissioner of transportation, of\ndemolition of such facilities as are considered obsolete, and providing\nsuch improvement to the Saint Lawrence state hospital property as the\ncommissioner of mental hygiene with the approval of the director of the\nbudget, deems necessary in consequence of the grants herein authorized\nand such grants shall contain appropriate conditions to ensure the\nproviding of such improvements by the authority at its cost and expense.\nActual payment of the consideration for the grants, as determined by the\ncommissioner of general services, shall not be required as a condition\nprecedent to the grants, but the amount thereof shall be certified by\nthe commissioner to the state comptroller and shall be deemed an advance\nto the authority by the state to be repaid in the same manner as\nprovided in section seven hundred fifteen of this article for repayment\nof appropriations made by the state to the authority.\n
N.Y. PBA Law § 1199-VV*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-VV*2
Separability
Status: in_force

* § 1199-vv. Separability. If any section, clause or provision in this\ntitle shall be held by a court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB There are 2 § 1199-vv's\n
N.Y. EDN Law § 7201 — New York Code / Act EDN / Title 8 / Article 145 / Section 7201
Definition of practice of engineering
Status: in_force

§ 7201. Definition of practice of engineering.  The practice of the\nprofession of engineering is defined as performing professional service\nsuch as consultation, investigation, evaluation, planning, design or\nsupervision of construction or operation in connection with any\nutilities, structures, buildings, machines, equipment, processes, works,\nor projects wherein the safeguarding of life, health and property is\nconcerned, when such service or work requires the application of\nengineering principles and data.\n