N.Y. PML Law § 1301 — New York Code / Act PML / Article 13 / Title 1 / Section 1301
Definitions
Status: in_force

§ 1301. Definitions. As used in this article the following terms\nshall, unless the context clearly requires otherwise, have the following\nmeanings:\n  1. "Affiliate". A person that directly or indirectly, through one or\nmore intermediaries, controls or is controlled by, or is under common\ncontrol with, a specified person.\n  2. "Applicant". Any person who on his or her own behalf or on behalf\nof another has applied for permission to engage in any act or activity\nwhich is regulated under the provisions of this article.\n  3. "Application". A written request for permission to engage in any\nact or activity which is regulated under the provisions of this article.\n  4. "Authorized game". Any game determined by the commission to be\ncompatible with the public interest and to be suitable for casino use\nafter such appropriate test or experimental period as the commission may\ndeem appropriate. An authorized game may include gaming tournaments in\nwhich players compete against one another in one or more of the games\nauthorized herein or by the commission or in approved variations or\ncomposites thereof if the tournaments are authorized.\n  5. "Board". The New York state gaming facility location board\nestablished by the commission pursuant to section one hundred nine-a of\nthis chapter.\n  6. "Business". A corporation, sole proprietorship, partnership,\nlimited liability company or any other organization formed for the\npurpose of carrying on a commercial enterprise.\n  7. "Casino". One or more locations or rooms in a gaming facility that\nhave been approved by the commission for the conduct of gaming in\naccordance with the provisions of this article.\n  8. "Casino key employee". Any natural person employed by a gaming\nfacility licensee, or holding or intermediary company of a gaming\nfacility licensee, and involved in the operation of a licensed gaming\nfacility in a supervisory capacity and empowered to make discretionary\ndecisions which regulate gaming facility operations; or any other\nemployee so designated by the commission for reasons consistent with the\npolicies of this article.\n  9. "Casino vendor enterprise". Any vendor offering goods or services\nwhich directly relate to casino or gaming activity, or any vendor\nproviding to gaming facility licensees or applicants goods and services\nancillary to gaming activity. Notwithstanding the foregoing, any form of\nenterprise engaged in the manufacture, sale, distribution, testing or\nrepair of slot machines within the state, other than antique slot\nmachines, shall be considered a casino vendor enterprise for the\npurposes of this article regardless of the nature of its business\nrelationship, if any, with gaming facility applicants and licensees in\nthis state.\n  10. "Close associate". A person who holds a relevant financial\ninterest in, or is entitled to exercise power in, the business of an\napplicant or licensee and, by virtue of that interest or power, is able\nto exercise a significant influence over the management or operation of\na gaming facility or business licensed under this article.\n  11. "Commission". The New York state gaming commission.\n  12. "Complimentary service or item". A service or item provided at no\ncost or at a reduced cost to a patron of a gaming facility.\n  13. "Conservator". A person appointed by the commission to temporarily\nmanage the operation of a gaming facility.\n  14. "Credit card". A card, code or other device with which a person\nmay defer payment of debt, incur debt and defer its payment, or purchase\nproperty or services and defer payment therefor, but not a card, code or\nother device used to activate a preexisting agreement between a person\nand a financial institution to extend credit when the person's account\nat the financial institution is overdrawn or to maintain a specified\nminimum balance in the person's account at the financial institution.\n  15. "Debt". Any legal liability, whether matured or unmatured,\nliquidated or unliquidated, absolute, fixed or contingent, including\ndebt convertible into an equity security which has not yet been so\nconverted, and any other debt carrying any warrant or right to subscribe\nto or purchase an equity security which warrant or right has not yet\nbeen exercised.\n  16. "Encumbrance". A mortgage, security interest, lien or charge of\nany nature in or upon property.\n  17. "Executive director". The executive director of the New York state\ngaming commission.\n  18. "Family". Spouse, domestic partner, partner in a civil union,\nparents, grandparents, children, grandchildren, siblings, uncles, aunts,\nnephews, nieces, fathers-in-law, mothers-in-law, daughters-in-law,\nsons-in-law, brothers-in-law and sisters-in-law, whether by the whole or\nhalf blood, by marriage, adoption or natural relationship.\n  19. "Game". Any banking or percentage game located within the gaming\nfacility played with cards, dice, tiles, dominoes, or any electronic,\nelectrical, or mechanical device or machine for money, property, or any\nrepresentative of value which has been approved by the commission.\n  20. "Gaming" or "gambling". The dealing, operating, carrying on,\nconducting, maintaining or exposing for pay of any game.\n  21. "Gaming device" or "gaming equipment". Any electronic, electrical,\nor mechanical contrivance or machine used in connection with gaming or\nany game.\n  22. "Gaming employee". Any natural person, not otherwise included in\nthe definition of casino key employee, who is employed by a gaming\nfacility licensee, or a holding or intermediary company of a gaming\nfacility licensee, and is involved in the operation of a licensed gaming\nfacility or performs services or duties in a gaming facility or a\nrestricted casino area; or any other natural person whose employment\nduties predominantly involve the maintenance or operation of gaming\nactivity or equipment and assets associated therewith or who, in the\njudgment of the commission, is so regularly required to work in a\nrestricted casino area that registration as a gaming employee is\nappropriate.\n  23. "Gaming facility". The premises approved under a gaming license\nwhich includes a gaming area and any other nongaming structure related\nto the gaming area and may include, but shall not be limited to, hotels,\nrestaurants or other amenities.\n  24. "Gaming facility license". Any license issued pursuant to this\narticle which authorizes the holder thereof to own or operate a gaming\nfacility.\n  25. "Gross gaming revenue". The total of all sums actually received by\na gaming facility licensee from gaming operations less the total of all\nsums paid out as winnings to patrons; provided, however, that the total\nof all sums paid out as winnings to patrons shall not include the cash\nequivalent value of any merchandise or thing of value included in a\njackpot or payout.\n  26. "Holding company". A corporation, association, firm, partnership,\ntrust or other form of business organization, other than a natural\nperson, which, directly or indirectly, owns, has the power or right to\ncontrol, or has the power to vote any significant part of the\noutstanding voting securities of a corporation or any other form of\nbusiness organization which holds or applies for a gaming license;\nprovided, however, that a "holding company", in addition to any other\nreasonable use of the term, shall indirectly have, hold or own any such\npower, right or security if it does so through an interest in a\nsubsidiary or any successive subsidiaries, notwithstanding how many such\nsubsidiaries may intervene between the holding company and the gaming\nfacility licensee or applicant.\n  27. "Host municipality". A city, town or village in which a gaming\nfacility is located or in which an applicant has proposed locating a\ngaming facility.\n  28. "Intermediary company". A corporation, association, firm,\npartnership, trust or other form of business organization, other than a\nnatural person, which is a holding company with respect to a corporation\nor other form of business organization which holds or applies for a\ngaming license, and is a subsidiary with respect to a holding company.\n  29. "Junket". An arrangement intended to induce a person to come to a\ngaming facility to gamble, where the person is selected or approved for\nparticipation on the basis of the person's ability to satisfy a\nfinancial qualification obligation related to the person's ability or\nwillingness to gamble or on any other basis related to the person's\npropensity to gamble and pursuant to which and as consideration for\nwhich, any of the cost of transportation, food, lodging, and\nentertainment for the person is directly or indirectly paid by a gaming\nfacility licensee or an affiliate of the gaming facility licensee.\n  30. "Junket enterprise". A person, other than a gaming facility\nlicensee or an applicant for a gaming facility license, who employs or\notherwise engages the services of a junket representative in connection\nwith a junket to a licensed gaming facility, regardless of whether or\nnot those activities occur within the state.\n  31. "Junket representative". A person who negotiates the terms of, or\nengages in the referral, procurement or selection of persons who may\nparticipate in, a junket to a gaming facility, regardless of whether or\nnot those activities occur within the state.\n  32. "Operation certificate". A certificate issued by the commission\nwhich certifies that operation of a gaming facility conforms to the\nrequirements of this article and applicable regulations and that its\npersonnel and procedures are sufficient and prepared to entertain the\npublic.\n  33. "Person". Any corporation, association, operation, firm,\npartnership, trust or other form of business association, as well as a\nnatural person.\n  34. "Registration". Any requirement other than one which requires a\nlicense as a prerequisite to conduct a particular business as specified\nby this article.\n  35. "Registrant". Any person who is registered pursuant to the\nprovisions of this article.\n  36. "Restricted casino areas". The cashier's cage, the soft count\nroom, the hard count room, the slot cage booths and runway areas, the\ninterior of table game pits, the surveillance room and catwalk areas,\nthe slot machine repair room and any other area specifically designated\nby the commission as restricted in a licensee's operation certificate.\n  37. "Qualification" or "qualified". The process of licensure set forth\nby the commission to determine that all persons who have a professional\ninterest in a gaming facility license, or casino vendor enterprise\nlicense, or the business of a gaming facility licensee or gaming vendor,\nmeet the same standards of suitability to operate or conduct business\nwith a gaming facility.\n  38. "Slot machine". A mechanical, electrical or other device,\ncontrivance or machine which, upon insertion of a coin, token or similar\nobject therein, or upon payment of any consideration whatsoever, is\navailable to play or operate, the play or operation of which, whether by\nreason of the skill of the operator or application of the element of\nchance, or both, may deliver or entitle the individual playing or\noperating the machine to receive cash, or tokens to be exchanged for\ncash, or to receive merchandise or any other thing of value, whether the\npayoff is made automatically from the machine or in any other manner,\nexcept that the cash equivalent value of any merchandise or other thing\nof value shall not be included in determining the payout percentage of a\nslot machine.\n  39. "Sports wagering". The activity authorized by section one thousand\nthree hundred sixty-seven of this article, provided that there has been\na change in federal law authorizing such activity or upon ruling of a\ncourt of competent jurisdiction that such activity is lawful.\n  40. "Subsidiary". A corporation, a significant part of whose\noutstanding equity securities are owned, subject to a power or right of\ncontrol, or held with power to vote, by a holding company or an\nintermediary company, or a significant interest in a firm, association,\npartnership, trust or other form of business organization, other than a\nnatural person, which is owned, subject to a power or right of control,\nor held with power to vote, by a holding company or an intermediary\ncompany.\n  41. "Table game". A game, other than a slot machine, which is\nauthorized by the commission to be played in a gaming facility.\n  42. "Transfer". The sale or other method, either directly or\nindirectly, of disposing of or parting with property or an interest\ntherein, or the possession thereof, or of fixing a lien upon property or\nupon an interest therein, absolutely or conditionally, voluntarily or\ninvoluntarily, by or without judicial proceedings, as a conveyance,\nsale, payment, pledge, mortgage, lien, encumbrance, gift, security or\notherwise; provided, however, that the retention of a security interest\nin property delivered to a corporation shall be deemed a transfer\nsuffered by such corporation.\n
N.Y. PBH Law § 301 — New York Code / Act PBH / Article 3 / Title 1 / Section 301
Local boards of health; certain cities; appointment
Status: in_force

§ 301. Local boards of health; certain cities; appointment.  1. In\ncities under fifty thousand population according to the latest federal\nor state census or enumeration, the board of health shall consist of the\nmayor of the city who shall be its president, and six other persons, one\nof whom shall be a competent physician who shall be appointed by the\ncommon council, upon the nomination of the mayor, and shall hold office\nfor three years.\n  2. Appointments of members of such boards shall be made for such\nshorter terms as at any time may be necessary, in order that the terms\nof two appointed members shall expire annually.\n
N.Y. GOB Law § 7-105 — New York Code / Act GOB / Article 7 / Title 1 / Section 7-105
Landlord failing to turn over deposits made by tenants or licensees and to notify tenants or licensees thereof in certain cases
Status: in_force

§ 7-105. Landlord failing to turn over deposits made by tenants or\nlicensees and to notify tenants or licensees thereof in certain cases.\n1. Any person, firm or corporation and the employers, officers or agents\nthereof, whether the owner or lessee of the property leased, who or\nwhich has or hereafter shall have received from a tenant or licensee a\nsum of money or any other thing of value as a deposit or advance of\nrental as security for the full performance by such tenant or licensee\nof the terms of his lease or license agreement, or who or which has or\nshall have received the same from a former owner or lessee, shall, upon\nconveying such property or assigning his or its lease to another, or\nupon the judicial appointment and qualifying of a receiver in an action\nto foreclose a mortgage or other lien of record affecting the property\nleased, or upon the conveyance of such property to another person, firm\nor corporation by a referee in an action to foreclose a mortgage or\nother lien of record affecting the property leased if a receiver shall\nnot have been appointed and qualified in such action, at the time of the\ndelivery of the deed or instrument or assignment or within five days\nthereafter, or within five days after the receiver shall have qualified,\ndeal with the security deposit as follows:\n  Turn over to his or its grantee or assignee, or to the receiver in the\nforeclosure action, or to the purchaser at the foreclosure sale if a\nreceiver shall not have been appointed and qualified the sum so\ndeposited, and notify the tenant or licensee by registered or certified\nmail of such turning over and the name and address of such grantee,\nassignee, purchaser or receiver.\n  2. Any owner or lessee turning over to his or its grantee, assignee,\nto a purchaser of the leased premises at a foreclosure sale, or to the\nreceiver in the foreclosure action the amount of such security deposit\nis hereby relieved of and from liability to the tenant or licensee for\nthe repayment thereof; and the transferee of such security deposit is\nhereby made responsible for the return thereof to the tenant or\nlicensee, unless he or it shall thereafter and before the expiration of\nthe term of the tenant's lease or licensee's agreement, transfer such\nsecurity deposit to another, pursuant to subdivision one hereof and give\nthe requisite notice in connection therewith as provided thereby. A\nreceiver shall hold the security subject to such disposition thereof as\nshall be provided in an order of the court to be made and entered in the\nforeclosure action.  The provisions of this section shall not apply if\nthe agreement between the landlord and tenant or licensee is\ninconsistent herewith.\n  3. Any failure to comply with this section is a misdemeanor.\n
N.Y. RPT Law § 722 — New York Code / Act RPT / Article 7 / Title 1 / Section 722
Costs
Status: in_force

§ 722. Costs. 1. If the assessment is reduced by an amount equal to or\ngreater than half the reduction claimed before the assessors or the\ncommissioner, in addition to such additional allowance as may be granted\npursuant to subdivision two of this section, costs and disbursements\nshall be allowed against the assessing unit, or in a proceeding to\nreview a special franchise assessment, against the state. If the\nassessment is reduced by an amount less than half the reduction claimed\nbefore the assessors or the commissioner costs and disbursements may, in\nthe discretion of the court, be awarded against the assessing unit, or\nin a proceeding to review a special franchise assessment, against the\nstate. The costs and disbursements shall not exceed those taxable in an\naction upon the trial of an issue of fact in the supreme court, except\nthat (a) if evidence has been taken there shall be included in the\ntaxable costs and disbursements the expense of furnishing the court or\nthe referee with a copy of the stenographer's minutes of the evidence\ntaken and (b) an additional allowance may be granted by the court\npursuant to subdivision two of this section.\n  2. Where the court finds as a fact that (a) the assessment of the\nproperty was increased without adequate cause after a final order,\nadministrative determination, or stipulation between the parties\ndetermined the assessment thereof for a previous year or (b) the amount\nof the assessment was grossly discriminatory, the court shall award to\nthe petitioner an additional allowance, not exceeding the amounts\nhereinafter specified, according to the number of years that the\nassessment of such property was increased without adequate cause or was\nfound to be grossly discriminatory and for which years proceedings to\nreview such assessment were brought as follows: one year, five hundred\ndollars; two years, one thousand dollars; three years or more,\ntwenty-five hundred dollars. The term "a previous year" shall mean the\nlatest year for which an assessment was determined by a final order,\nadministrative determination, or stipulation between the parties.\n
N.Y. SOS Law § 390-C — New York Code / Act SOS / Article 6 / Title 1 / Section 390-C
Notice of pesticide applications
Status: in_force

* § 390-c. Notice of pesticide applications. 1. For the purposes of\nthis section the following terms shall have the meanings set forth\nbelow:\n  (a) "Pesticide" shall have the same meaning as in subdivision\nthirty-five of section 33-0101 of the environmental conservation law.\n  (b) "Daycare facility" shall mean licensed and registered child\ndaycare homes, programs and facilities.\n  2. Each daycare facility shall be subject to the following notice\nrequirements when pesticides are used at such facility:\n  (a) A notice of each pesticide application shall be posted in a common\narea of the facility which is conspicuously visible to persons dropping\noff or picking up children from the facility. Such notice shall be\nposted not less than forty-eight hours prior to the pesticide\napplication.\n  (b) The notice required to be posted pursuant to paragraph (a) of this\nsubdivision shall include at a minimum:\n  (i) the location and specific date of the application at the daycare\nfacility. In case of outdoor applications the notice must provide a\nspecific date, and may include two alternative dates in case the\napplication cannot be made due to weather conditions.\n  (ii) the product name and pesticide registration number assigned by\nthe United States Environmental Protection Agency.\n  (iii) the following statement "This notice is to inform you of a\npending pesticide application at this facility. You may wish to discuss\nwith a representative of the daycare facility what precautions are being\ntaken to protect your child from exposure to these pesticides. Further\ninformation about the product or products being applied, including any\nwarnings that appear on the label of the pesticide or pesticides that\nare pertinent to the protection of humans, animals or the environment,\ncan be obtained by calling the National Pesticide Telecommunications\nNetwork Information at 1-800-858-7378 or the New York State Department\nof Health Center for Environmental Health Info line at 1-800-458-1158".\n  (iv) the name of a representative of the daycare facility and contact\nnumber for additional information.\n  (c) For purposes of this section the following pesticide applications\nshall not be subject to the notification posting requirements:\n  (i) the application of anti microbial pesticides and anti microbial\nproducts as defined by FIFRA in 7 U.S.C. §136 (mm) and 136q (h) (2);\n  (ii) the use of an aerosol product with a directed spray, in\ncontainers of eighteen fluid ounces, or less, when used to protect\nindividuals from an imminent threat from stinging and biting insects\nincluding venomous spiders, bees, wasps and hornets. This section shall\nnot exempt from notification the use of any fogger product or aerosol\nproduct that discharges to a wide area;\n  (iii) any application where the daycare facility remains unoccupied\nfor a continuous seventy-two hour period following the application of\nthe pesticide;\n  (iv) nonvolatile rodenticides in tamper resistant bait stations or in\nareas inaccessible to children;\n  (v) silica gels and other nonvolatile ready-to-use, paste, foam or gel\nformulations of insecticides in areas inaccessible to children;\n  (vi) nonvolatile insecticidal baits in tamper resistant bait stations\nor in areas inaccessible to children;\n  (vii) application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under section 40\nCFR Part 152.25;\n  (viii) boric acid and disodium octaborate tetrahydrate;\n  (ix) the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide; or\n  (x) any emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided however, that prior\nto any such emergency application, the person making such application\nshall make a good faith effort to supply the written notice required\npursuant to this section. Upon making such an emergency application, the\nperson making such application shall notify the commissioner of health,\nusing a form developed by such commissioner for such purposes that shall\ninclude minimally the name of the person making the application, the\npesticide business registration number or certified applicator number of\nthe person making such application, the location and date of such\napplication, the product name and USEPA registration number of the\npesticide applied and the reason for such application. The commissioner\nof health shall review such form to ensure that the circumstance did\nwarrant such emergency application. Such forms shall be kept on file at\nthe department of health for three years from the date of application\nand shall be available to any individual upon request.\n  3. Any person, other than a daycare facility, who contracts for the\napplication of a pesticide at a daycare facility shall provide to such\nfacility operator information required to be contained in the posting\npursuant to subdivision two of this section at least forty-eight hours\nprior to such application.\n  4. (a) Any daycare facility that violates the provisions of\nsubdivision two of this section shall, for a first such violation of\nthis section, in lieu of penalty, be issued a written warning and shall\nalso be issued educational materials pursuant to subdivision two of\nsection 33-1005 of the environmental conservation law. Such facility\nshall, however, for a second violation, be liable to the people of the\nstate for a civil penalty not to exceed one hundred dollars, and not to\nexceed two hundred fifty dollars for any subsequent violation, such\npenalties to be assessed by the commissioner after a hearing or\nopportunity to be heard.\n  (b) Any person who violates subdivision three of this section shall,\nfor a first such violation of this section, in lieu of penalty, be\nissued a written warning, and shall also be issued educational materials\npursuant to subdivision two of section 33-1005 of the environmental\nconservation law. Such person shall, however, for a second violation, be\nliable to the people of the state for a civil penalty not to exceed one\nhundred dollars, and not to exceed two hundred fifty dollars for any\nsubsequent violation, such penalties to be assessed by the commissioner\nof environmental conservation after a hearing or opportunity to be\nheard.\n  * NB There are 2 § 390-c's\n
N.Y. PBA Law § 3303 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3303
Westchester county health care corporation
Status: in_force

§ 3303. Westchester county health care corporation. 1. (a) There is\nhereby created a state board to be known as the Westchester county\nhealth care corporation which shall be a body corporate and politic\nconstituting a public benefit corporation.\n  (b) The corporation shall be governed by fifteen voting directors of\nwhich eight directors shall be appointed by the governor and seven\ndirectors shall be appointed by the legislature of the county of\nWestchester subject to approval by the county executive. The governor\nshall make appointments to the corporation as follows: three directors\nfrom a recommendation submitted by the county executive; three directors\nfrom a recommendation submitted by the legislature of the county of\nWestchester; one director, who shall be a resident of Westchester\ncounty, from a recommendation submitted by the speaker of the assembly;\none director, who shall be a resident of Westchester county, from a\nrecommendation submitted by the temporary president of the senate.\n  The terms of the initial voting directors appointed by the governor\nshall be five years for such directors appointed upon recommendation of\nthe temporary president of the senate and the speaker of the assembly.\nThe terms of the initial voting directors appointed by the governor upon\nthe recommendation of the county executive shall be five years for one,\nfour years for one and three years for one. The terms of the initial\nvoting directors appointed by the governor upon the recommendation of\nthe legislature of the county shall be four years for two and three\nyears for one. The terms of the initial voting directors appointed by\nthe legislature of the county with the approval of the county executive\nshall be one year for three of such directors, two years for three of\nsuch directors and three years for one of such directors.\n  (c) Each voting director should possess a high degree of experience\nand knowledge in relevant fields and a high degree of interest in the\ncorporation. The appointment of any voting director to the corporation\nshall be based in part on the objective of ensuring that the corporation\nincludes diverse and beneficial perspectives and experience, including,\nbut not limited to, those of business management, law, finance, medical\nand/or other health professionals, health sector workers, and the\npatient or consumer perspective.\n  2. There shall be four non-voting representatives which shall include\nthe chief executive officer of the corporation as appointed by the\nvoting directors of the board, one representative selected by the county\nexecutive, one selected by the majority leader of the county board of\nlegislators and one selected by the minority leader of the county board\nof legislators. Such representatives shall have all of the rights and\npowers of the voting directors other than the right and power to vote\nincluding, but not limited to, the right to equal access to information.\n  3. (a) All voting directors shall continue to hold office until their\nsuccessors are appointed and qualify. All subsequent appointments shall\nbe for a term of five years and may be eligible for reappointment.\n  (b) Vacancies occurring otherwise than by expiration of term of office\nshall be filled for the unexpired terms in the manner provided for\noriginal appointment. All directors and non-voting representatives shall\ncontinue to hold office until their successors are appointed and have\nqualified. Vacancies shall be filled in the same manner as provided for\noriginal appointment. Vacancies occurring otherwise than by expiration\nof terms of office, shall be filled by appointment for unexpired terms.\nMembers may be removed from office by the board for inefficiency,\nneglect of duty or misconduct in office, after the board has given such\nmember a copy of the charges against him or her or opportunity to be\nheard in person or by counsel in his or her defense, upon not less than\nten days notice.\n  4. (a) The voting directors shall by majority vote select one of the\nfifteen voting directors as the chairperson of the board. The\nchairperson shall preside over all meetings of the board and shall have\nsuch other duties as the voting directors may direct.\n  (b) The voting directors, non-voting representatives of the\ncorporation shall receive no compensation for their services, but shall\nbe reimbursed for all their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title.\n  (c) The powers of the corporation shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof eight voting directors is present. No action shall be taken by the\ncorporation except pursuant to the favorable vote of at least eight\nvoting directors present at the meeting at which such action is taken.\n  5. The voting directors shall select and shall determine the salary\nand benefits of the chief executive officer of the corporation. The\nvoting directors shall have the authority to discharge the chief\nexecutive officer with or without cause; provided, however, that removal\nwithout cause shall not prejudice the contract rights, if any, of the\nchief executive officer.\n  6. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, non-voting representative, officer or\nemployee of the corporation, nor shall service as such a director,\nnon-voting representative, officer or employee be deemed incompatible or\nin conflict with such office, or employment, and provided further,\nhowever, that no public officer elected to his or her office pursuant to\nthe laws of the state or any municipality thereof may serve as a member\nof the governing body of the corporation during his or her term of\noffice.\n  7. The corporation and its corporate existence shall continue until\nterminated by law, provided, however, that no such termination shall\ntake effect so long as the corporation shall have bonds or other\nobligations outstanding, unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe corporation, all of the rights and properties of the corporation\nthen remaining shall pass to and vest in the county in such manner as\nprescribed by law.\n  8. Contracts for works, construction or purchases to which the\ncorporation is a party shall be subject to the provisions of article\nfive-A of the general municipal law except as provided in subdivisions\nnine and ten of this section. In addition to the procedures prescribed\nunder section one hundred four of the general municipal law for the\nutilization of the terms of state contracts, the corporation may utilize\nthe terms of a federal government general services contract where the\nterms are to the advantage of the corporation and have been offered to\nthe corporation by the contractor. When bids have already been received\nby the corporation no purchase under a federal government general\nservices contract shall be made unless the purchase may be made upon the\nsame terms, conditions and specifications at a lower price through such\ncontractor.\n  9. It is the intent of the legislature that overall cost should in all\ncases be a major criterion in the selection of project developers for\naward of contracts pursuant to this section and that, wherever\npractical, such contracts should be entered into through competitive\nbidding procedures as prescribed by sections one hundred one and one\nhundred three of the general municipal law. It is further the intent of\nthe legislature to acknowledge the highly complex and innovative nature\nof medical technology, diagnostic and treatment devices, the relative\nnewness of a variety of devices, processes and procedures now available,\nthe desirability of a single point of responsibility for the development\nof medical treatment and diagnostic facilities and the economic and\ntechnical utility of contracts for medical projects which include in\ntheir scope various combinations of design, construction, operation,\nmanagement and/or maintenance responsibility over prolonged periods of\ntime and that in some instances it may be beneficial to the corporation\nto award a contract for a medical project on the basis of factors other\nthan cost alone, including but not limited to facility design, system\nreliability, efficiency, safety, and compatibility with other elements\nof patient care. Accordingly, and notwithstanding the provisions of any\ngeneral, special or local law or chapter, a contract for a medical\nproject entered into between the corporation and any project developer\npursuant to this section may be awarded pursuant to public bidding in\ncompliance with sections one hundred one and one hundred three of the\ngeneral municipal law or pursuant to the following provisions for the\naward of a contract based on evaluation of proposals submitted in\nresponse to a request for proposals prepared by or for the corporation:\n  (a) The corporation shall require that each proposal to be submitted\nby a project developer shall include:\n  (i) information relating to the experience and expertise of the\nproject developer on the basis of which said project developer purports\nto be qualified to carry out all work required by a proposed contract;\nthe ability of the project developer to secure adequate financing; and\nproposals for project staffing, implementation of work tasks, and the\ncarrying out of all responsibilities by a proposed contract;\n  (ii) a proposal clearly identifying and specifying all elements of\ncost which would become charges to the corporation, in whatever form, in\nreturn for the fulfillment by the project developer for the full\nlifetime of a proposed contract, including, as appropriate, but not\nlimited to the cost planning, design, construction, operation,\nmanagement and/or maintenance of any facility, and clearly identifying\nand specifying all elements of revenue which would accrue to the\ncorporation from the operation of the facility or device or from any\nother source; provided, that the corporation may prescribe the form and\ncontent of such proposal and that, in any event, the project developer\nmust submit sufficiently detailed information to permit a fair and\nequitable evaluation by the corporation of such proposal; and provided,\nfurther, that the corporation may set maximum allowable cost limits in\nany form in the request for proposals; and\n  (iii) such other information as the corporation may determine to have\na material bearing on its ability to evaluate any proposal in accordance\nwith this subparagraph;\n  (b) Prior to the issuance of a request for proposals pursuant to this\nparagraph, the corporation shall publish notice of such issuance in at\nleast one newspaper of general circulation. Concurrent with the\npublication of such notice a draft request for proposals shall be filed\nwith the county commissioner of health.\n  (c) Proposals received in response to such request for proposals shall\nbe evaluated by the corporation as to net cost or, if a net revenue is\nprojected, net revenue, and in a manner consistent with provisions set\nforth in the request for proposals, and may be evaluated on the basis of\nadditional factors, including but not limited to the technical\nevaluation of the medical project including medical facility, facility\ndesign, system reliability, energy balance and efficiency. The\nevaluation of such proposals and the determination of whether a project\ndeveloper is "responsible" may include, but shall not be limited to,\nconsideration, in a manner consistent with provisions set forth in the\nrequest for proposals, the record of the project developer in complying\nwith existing labor standards and recognizing state and federally\napproved apprentice training programs, and the willingness of the\nproject developer to provide for meaningful participation of minority\ngroup persons and business enterprises in the conduct of the work;\n  (d) The corporation may make a contract award to any responsible\nproject developer based on a determination by the corporation that the\nselected proposal is most responsive to the request for proposals and\nmay negotiate with any project developer, provided, however, that if any\naward is made to any project developer whose total proposal does not\nprovide either the lowest net cost, or if a net revenue is projected,\nthe greatest net revenue, of any proposal received, the corporation\nshall adopt a resolution which includes particularized findings relevant\nto factors pursuant to such subparagraph indicating that the\ncorporation's requirements are met by such award and that such action is\nin the public interest.\n  Whenever the corporation enters into a contract pursuant to this\nsection for a medical project which involves construction the provisions\nof section two hundred twenty of the labor law shall be applicable to\nsuch construction work.\n  10. Every contract entered into between the corporation and a project\ndeveloper, pursuant to the provisions of paragraph (d) of subdivision\nnine of this section, for a medical project involving construction of a\nmedical building by the project developer, shall contain provisions that\nsuch building shall be constructed through construction contracts\nawarded through competitive bidding in accordance with paragraphs (a)\nthrough (g) of this subdivision; that the project developer or the\nproject developer's construction subcontractor shall furnish a bond\nguaranteeing prompt payment of moneys that are due to all persons\nfurnishing labor and materials pursuant to the requirements of such\nconstruction contracts, and that a copy of such payment bond shall be\nkept by the corporation and shall be open to public inspection;\nprovided, however, that the requirements of this subdivision shall not\napply when the cost of such construction, exclusive of the cost of\nmedical equipment and devices, is less than one million five hundred\nthousand dollars.\n  (a) The project developer shall advertise for bids for such\nconstruction contracts in a daily newspaper having general circulation\nin the county.  Such advertisement shall contain a statement of the time\nand place where all bids received pursuant to such notice will be\npublicly opened and read. An employee of the corporation shall be\ndesignated to open the bids at the time and place specified in the\nnotice. All bids received shall be publicly opened and read at the time\nand place so specified. At least five days shall elapse between the\npublication of such advertisement and date on which the bids are opened.\n  (b) Except as otherwise provided in section two hundred twenty-two of\nthe labor law, when the entire cost of constructing such building,\nexclusive of any medical equipment, apparatus or devices, shall exceed\none million five hundred thousand dollars, the project developer shall\nprepare separate specifications for the following subdivisions of such\nwork, so as to permit separate and independent bidding upon each\nsubdivision:\n  (i) plumbing and gas fittings;\n  (ii) steam heating, hot water heating, ventilating and air\nconditioning apparatus; and\n  (iii) electric wiring and standard illuminating fixtures.\n  (c) After public competitive bidding, the project developer shall\naward one or more separate contracts for each of the above subdivisions\nof such work, whenever separate specifications are required pursuant to\nparagraph (b) of this subdivision, and one or more contracts for the\nremainder of such work. The project developer may award such contracts\nat different times. Contracts awarded pursuant to this subdivision shall\nbe awarded by the project developer to the lowest responsible and\nresponsive bidder and shall be contracts of the project developer and\nnot of the corporation which shall have no obligation or liabilities,\nwhatsoever, thereunder. The project developer shall have the\nresponsibility for the supervision, coordination, and termination of\nsuch contracts, unless otherwise specified in contractual terms between\nthe project developer and the corporation.\n  (c-1) Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (iii)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  (d) In determining whether a prospective contractor is responsible and\nresponsive, the project developer may require that prospective\ncontractors:\n  (i) have adequate financial resources or the ability to obtain such\nresources;\n  (ii) be able to comply with the required or proposed delivery or\nperformance schedule;\n  (iii) have a satisfactory record of performance;\n  (iv) have the necessary organization, experience, operational\ncontrols, and technical skills, or the ability to obtain them;\n  (v) have the necessary production, construction and technical\nequipment and facilities, or the ability to obtain them; and\n  (vi) be eligible to receive an award under applicable laws and\nregulations and be otherwise qualified.\n  (e) The project developer may reject any bid of a bidder which the\nproject developer determines to be nonresponsible or nonresponsive to\nthe advertisement for bids.\n  (f) The project developer may, in its discretion, reject all bids, and\nmay revise bid specifications and may readvertise for bids as provided\nherein.\n  (g) Only as used in this section:\n  (i) "project developer" means any private corporation, partnership,\nlimited liability company, or individual, or combination thereof which\nhas submitted a proposal in response to a request for proposals;\n  (ii) "construction" shall include reconstruction, rehabilitation or\nimprovement exclusive of the installation and assembly of any medical\nequipment, apparatus or device;\n  (iii) "medical building" means that component of a medical project\nconstituting appurtenant structures or facilities necessary to house or\nrender the remaining components of the medical project operational.\nMedical building shall not include apparatus, equipment, devices,\nsystems, supplies or any combination thereof;\n  (iv) "medical project" means any substantial durable apparatus,\nequipment, device or system, or any combination of the foregoing,\nincluding services necessary to install, erect, or assemble the\nforegoing and any appurtenant structures or facilities necessary to\nhouse or render the foregoing operational, to be used for the purpose of\ncare, treatment or diagnosis of disease or injury or the relief of pain\nand suffering of sick or injured persons. Medical projects shall not\ninclude ordinary supplies and equipment expended or utilized in the\ncustomary care and treatment of patients.\n  11. (a) For purposes of applying section eighty-seven of the public\nofficers law, to the corporation, the term "trade secrets" shall include\nmarketing strategy or strategic marketing plans, analyses, evaluations\nand pricing strategies or pricing commitments of the corporation,\nrelating to business development, which, if disclosed, would be likely\nto injure the competitive position of the corporation.\n  (b) In addition to the matters listed in section one hundred five of\nthe public officers law, the corporation may conduct an executive\nsession for the purpose of considering marketing strategy or strategic\nmarketing plans, analyses, evaluations and pricing strategies of the\ncorporation, relating to business development, which, if disclosed,\nwould be likely to injure the competitive position of the corporation.\n
N.Y. ENV Law § 25-0102 — New York Code / Act ENV / Article 25 / Title 1 / Section 25-0102
Declaration of policy
Status: in_force

§ 25-0102. Declaration of policy.\n  It is declared to be the public policy of this state to preserve and\nprotect tidal wetlands, and to prevent their despoliation and\ndestruction, giving due consideration to the reasonable economic and\nsocial development of the state.\n
N.Y. MDW Law § 148 — New York Code / Act MDW / Article 5 / Title 1 / Section 148
Public stairs
Status: in_force

§ 148. Public stairs. 1. Every stair, fire-stair and fire-tower shall,\nexcept as otherwise provided in subdivisions three and four of this\nsection and section one hundred forty-nine, be constructed as provided\nfor fire-stairs in sections one hundred two and one hundred five for\nfireproof dwellings.\n  2. Every stair, fire-stair and fire-tower shall be at least three feet\nin clear width throughout, and at all floor levels shall have landings\nat least three feet six inches in clear width.\n  3. Every stair, fire-stair and fire-tower shall be completely\nseparated from every other stair, fire-stair and fire-tower and from\nevery public hall and shaft by fireproof walls, with fireproof doors and\nassemblies, with the doors self-closing and without transoms, at all\nopenings, except that in dwellings two stories or less in height such\nwalls may be fire-retarded on both sides in lieu of being fireproof. The\ndoors giving access to such stairs shall not be held open by any device\nwhatever.\n  4. Except in the case of an interior enclosed stair separated from and\ndirectly accessible to the public hall by a self-closing fireproof door\nand except as provided in subdivision five, there shall be provided to\nlight and ventilate every stair at every story a window or windows\nopening on a street, court, yard or space above a setback. At least one\nsuch window shall be at least two feet six inches wide and five feet\nhigh unless it opens on a street, in which case its minimum height shall\nbe four feet. The aggregate area of such window or windows at each story\nshall be at least eighteen square feet. On the top story a ventilating\nskylight may be substituted for a window. At the entrance story or at\nthe roof level a sash door, such as described in section thirty-five,\nopening to the outer air may be substituted for such window.\n  5. In a dwelling occupied by two families or less on every story:\n  a. If such dwelling is three stories or less in height, there may be\nprovided for any stair, in lieu of windows, a stairwell sixteen inches\nor more in clear width extending from the entrance story to the roof.\n  b. If such dwelling is a class A dwelling and is two stories or less\nin height, there may be provided for any stair, in lieu of windows, a\nstairwell six inches or more in clear width. For the purposes of this\nparagraph a section of a class A multiple dwelling may be deemed a\nseparate multiple dwelling.\n  c. If such dwelling is two stories in height and has no public hall on\nthe first story, no stairwell or stair windows need be provided.\n
N.Y. ELD Law § 208 — New York Code / Act ELD / Article 2 / Title 1 / Section 208
Respite program
Status: in_force

§ 208. Respite program. 1. The director is hereby authorized to\nestablish and monitor respite projects for the purposes of encouraging\nthe initiation and expansion of respite, evaluating the effectiveness of\nrespite in deterring and/or delaying institutionalization, evaluating\nthe demand for respite and of the cost of utilization of different\nservice modes.\n  2. For the purposes of this section:\n  (a) "Respite" shall mean the provision of infrequent and temporary\nsubstitute care or supervision of frail or disabled adults on behalf of\nand in the absence of the care-giver, for the purpose of providing\nrelief from the stresses or responsibilities concomitant with providing\ncare, so as to enable the care-giver to maintain a normal routine.\nRespite shall not exceed one hundred days in any calendar year for any\nindividual. Respite may be provided by any service or combination of\nservices supplied by individuals, a public agency, a public corporation\nor a private not-for-profit corporation or any proprietary provider.\n  (b) "Care-giver" shall mean the family member or other natural person\nwho normally provides the daily care or supervision of a frail or\ndisabled adult. Such care-giver may, but need not, reside in the same\nhousehold as the frail or disabled adult.\n  (c) "Provider" shall mean any entity enumerated in paragraph (a) of\nthis subdivision which is the supplier of services providing respite.\n  (d) "Sponsor" shall mean the provider, public agency or community\ngroup approved by the director which establishes a contractual\nrelationship with the office for the purposes of a project pursuant to\nthis section, and which is responsible for the recruitment of providers,\nthe coordination and arrangement of provider services in a manner which\nmeets client needs, the general supervision of the local program, and\nthe submission of such information or reports as may be required by the\ndirector.\n  (e) "Frail or disabled adult" shall mean any adult who is unable to\nattend to his or her daily needs without the assistance or regular\nsupervision of a care-giver due to mental or physical impairment and who\nis otherwise eligible for services on the basis of his or her level of\nimpairment. Priority shall be given in all cases to frail or disabled\nadults sixty years of age or older.\n  3. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, entities qualifying as providers or sponsors pursuant to the\nprovisions of paragraphs (a), (c) and (d) of subdivision two of this\nsection are hereby authorized to conduct or participate in respite\nprojects as approved and extended by the director.\n  (b) The director shall publicize the existence of, and make available,\napplication forms for such projects seeking the advice and counsel of\nthe advisory committee for the aging established pursuant to section two\nhundred ten of this title.\n  (c) Such application forms shall require the submission of such\ninformation as the director deems necessary for the evaluation of such\nproposed projects. This information shall include, but not be limited\nto:\n  (1) the identity and qualifications of the sponsor;\n  (2) the identity and qualifications of the provider or providers and a\nplan for the coordination of their services;\n  (3) an assessment of the community need for respite services including\ndocumentation;\n  (4) plans for the coordination and arrangement of provider services in\na manner which meets client needs;\n  (5) a fiscal plan, including specific provisions for the utilization\nof existing reimbursement and funding sources and the development of\nlocal financial support;\n  (6) plans for publicizing the purpose of the project and the services\nto be provided, including the identities, services and charges of each\nparticipating provider;\n  (7) indications of broad-based community support and participation;\nand\n  (8) identification of the unserved or underserved population to be\nserved.\n  (d) The director shall review, require any necessary modifications,\nand upon such modification, approve a number of applications and, within\nthe amounts appropriated therefor, award grants for the operation of\nrespite projects. Such an approved application shall constitute a plan\nof service which may be rendered only in the manner and for the period\nfor which such plan has been approved or from time to time extended by\nthe director. The director shall ensure that each such plan of service\nis coordinated with the "designated agency" as defined in section two\nhundred fourteen of this title, the local social services district or\ndistricts, and the local public health agency or agencies in which the\nservices are to be provided in order to help ensure that every effort\nwill be made to utilize existing funding sources for eligible\nindividuals and to avoid unnecessary duplication of services.\n  (e) Within the amounts appropriated therefor, the director shall give\nfirst priority to the six existing respite projects established under\nthe provisions of the respite demonstration program authorized pursuant\nto chapter seven hundred sixty-seven of the laws of nineteen hundred\neighty-one.\n  (f) Further consideration shall be given to proposals that:\n  (1) develop new or expand existing respite care projects/programs to\nprovide care to one or more target populations that are currently\nunserved or underserved in the community;\n  (2) provide for respite in a geographical area of the state that is\ncurrently without community-based respite care services;\n  (3) provide services that are responsive to the individual's needs and\ncircumstances in the targeted area;\n  (4) show utilization of existing services, coordination of services\nwith other agencies/resources; and utilization of various service\ncomponents, such as personal emergency response systems, adult day\nservices, and nutrition services, where appropriate.\n  4. (a) The director in consultation with the commissioner of the\noffice of children and family services may apply for the appropriate\nwaivers under federal law and regulation and may, subject to the\napproval of the director of the budget, waive any provision of the\nsocial services law or regulation of the office of children and family\nservices as may be necessary to make funds which are available pursuant\nto the provisions of title XIX or XX of the federal social security act,\nthe emergency assistance for families program or the emergency\nassistance for adults program available to eligible providers if the\nrecipients of such services are otherwise eligible to receive benefits\nor services pursuant to the provisions of such programs.\n  (b) In the event that waivers under federal law and regulation are not\nreceived, nothing contained in this section shall be construed to\nrequire the expenditure of funds by the state or any locality in an\namount greater than if such waivers had been received.\n  5. Nothing contained in this section shall be construed to limit,\nmodify or otherwise affect the provision of care and services of a\nlong-term home health care program pursuant to article thirty-six of the\npublic health law.\n  6. For purposes of determining the eligibility for benefits pursuant\nto this chapter, when applicable, only the financial eligibility of the\nfrail or disabled adult shall be taken into consideration.\n  7. In addition, the director, within appropriations provided, may\nestablish a training program for respite workers. The six existing\nrespite projects established pursuant to chapter seven hundred\nsixty-seven of the laws of nineteen hundred eighty-one shall, insofar as\nthey are able, assist in providing such a training program.\n  The director may also enter into contracts with boards of cooperative\neducational services pursuant to sections nineteen hundred fifty and\nforty-six hundred two of the education law to provide courses in\ntraining for respite care workers. This training program shall be\noptional for existing programs.\n  8. Every two years beginning on January first, two thousand five, the\ndirector shall submit a report to the governor, the temporary president\nof the senate and the speaker of the assembly which shall include, but\nnot be limited to:\n  (a) A financial report for each project;\n  (b) A qualitative and quantitative profile of sponsors, providers,\ncare-givers, and frail or disabled adults participating in the project;\n  (c) A comparative assessment of the costs and effectiveness of each\ntype of service or combinations of services provided;\n  (d) An assessment of the nature and extent of the demand for services\nwhich provide respite and an evaluation of the success of such projects\nin meeting this demand;\n  (e) Specific identification of any factors which significantly enhance\nor inhibit the successful provision of respite;\n  (f) A review of the extent to which priority has been given to persons\naged sixty and over;\n  (g) The coordination of the projects with other agencies, facilities\nand institutions providing similar services as well as the utilization\nand networking with case management programs;\n  (h) The ability of the projects to provide service at various economic\nlevels;\n  (i) The adherence of the program to its original or amended respite\nproposal; and\n  (j) An assessment of the extent of the demand for the services the\nproject provides.\n
N.Y. PBH Law § 305 — New York Code / Act PBH / Article 3 / Title 1 / Section 305
Local boards of health; compensation and expenses of members
Status: in_force

§ 305. Local boards of health; compensation and expenses of members.\n1. The members of town boards and of village boards of trustees shall\nnot receive additional compensation by reason of serving as members of\nboards of health, except that in the case of a consolidated health\ndistrict, members of the board of health of such district, whether or\nnot they are members of a town board or a village board of trustees,\nshall be allowed a per diem compensation of not more than ten dollars\nfor each calendar day in actual attendance at a meeting of the board of\nhealth of the district, to be fixed and determined by the board of\nhealth of the district. Such per diem compensation in the case of any\nmember shall not exceed the total sum of one hundred and fifty dollars\nin any one year.\n  2. Members of boards of health of consolidated districts shall also be\nallowed their actual and necessary expenses.\n  3. The compensation and expenses of members of boards of health of\nconsolidated health districts shall be audited and paid in the same\nmanner as the other expenses of the consolidated health districts.\n
N.Y. LAB Law § 500 — New York Code / Act LAB / Article 18 / Title 1 / Section 500
Short title
Status: in_force

§ 500. Short title.  This article shall be known and may be cited as\nthe "unemployment insurance law. "\n
N.Y. MRE Law § 58 — New York Code / Act MRE / Article 4 / Title 1 / Section 58
Cellar ceiling
Status: in_force

§ 58. Cellar ceiling. The ceiling of the cellar shall be fire-retarded\nor be equipped with a sprinkler system, or the entire cellar shall be\nequipped with a fire-detecting system. Any room within the dwelling in\nwhich a boiler or furnace is used for generating heat or hot water to\nservice the dwelling shall be enclosed with fire-retarded partitions and\nevery door opening therefrom and its assembly shall be fireproof with\nthe door self-closing. The ceiling of such room shall also be\nfire-retarded or be equipped with a sprinkler system, or the room shall\nbe equipped with a fire-detecting system.\n
N.Y. VAT Law § 115-C — New York Code / Act VAT / Title 1 / Article 1 / Section 115-C
Emergency ambulance service vehicle
Status: in_force

§ 115-c. Emergency ambulance service vehicle. An emergency ambulance\nservice vehicle shall be defined as an appropriately equipped motor\nvehicle owned or operated by an ambulance service as defined in section\nthree thousand one of the public health law and used for the purpose of\ntransporting emergency medical personnel and equipment to sick or\ninjured persons.\n
N.Y. VAT Law § 109-C — New York Code / Act VAT / Title 1 / Article 1 / Section 109-C
Conviction
Status: in_force

§ 109-c. Conviction. Any conviction as defined in subdivision thirteen\nof section 1.20 of the criminal procedure law; provided, however, where\na conviction or administrative finding in this state or another state\nresults in a mandatory sanction against a commercial driver's license,\nas set forth in sections five hundred ten, five hundred ten-a, eleven\nhundred ninety-two and eleven hundred ninety-four of this chapter,\nconviction shall also mean an unvacated adjudication of guilt, or a\ndetermination that a person has violated or failed to comply with the\nlaw in a court of original jurisdiction or by an authorized\nadministrative tribunal, an unvacated forfeiture of bail or collateral\ndeposited to secure the person's appearance in court, a plea of guilty\nor nolo contendere accepted by the court, the payment of a fine or court\ncost, or violation of a condition of release without bail, regardless of\nwhether or not the penalty is rebated, suspended, or probated.\n
N.Y. EDN Law § 309 — New York Code / Act EDN / Title 1 / Article 7 / Section 309
Schools of union free school districts and cities
Status: in_force

§ 309. Schools of union free school districts and cities.  The schools\nof every union free school district and of every city in all their\ndepartments shall be subject to the visitation of the commissioner of\neducation.  He is charged with the general supervision of their boards\nof education and their management and conduct of all departments of\ninstruction.\n
N.Y. PBH Law § 202 — New York Code / Act PBH / Article 2 / Title 1 / Section 202
Divisions
Status: in_force

§ 202. Divisions.  1. There shall be in the department such divisions,\nbureaus and other units as the commissioner from time to time may\ndetermine to be necessary and the director of the budget shall approve.\n  2. The commissioner may, from time to time, abolish, transfer and\nconsolidate divisions, bureaus and other units within the department not\nexpressly established by law as he may determine necessary for the\nefficient operation of the department.\n
N.Y. SOS Law § 460-F — New York Code / Act SOS / Article 7 / Title 1 / Section 460-F
Penalties
Status: in_force

§  460-f.  Penalties.  Any person who intentionally violates any\nprovision of this article or regulations of the department relating to\ncertificates of incorporation, operating certificates or confidentiality\nof information shall be guilty of a class A misdemeanor.\n
N.Y. EDN Law § 21 — New York Code / Act EDN / Title 1 / Article 2-A / Section 21
Bullying and harassment prevention and response
Status: in_force

§ 21. Bullying and harassment prevention and response. 1. No student\nshall be subjected to harassment or bullying, including cyberbullying,\nby other students on school property or at a school function.\n  2. Every school, subject to this section, shall adopt a written in\nplain-language and age-appropriate anti-bullying and harassment policy,\nwhich must be published on the school's website or internal\nparent/student portal and shared annually with employees, parents, and\nstudents. Such policy shall include but not be limited to information on\nhow bullying and harassment is defined, how incidents will be reported,\ninvestigated, and documented, and an age-appropriate process for\nnotifying the victim about the final outcome of the investigation.\n  3. School employees who witness bullying or harassment, or receive an\noral or written report of bullying or harassment, shall promptly notify\nthe principal or head of school or the principal's or head of school's\ndesignee, orally not later than one school day after such school\nemployee witnesses or receives a report of bullying and harassment, and\nmust file a written report with the principal or head of school's\ndesignee not later than two school days after making the initial oral\nreport.\n  4. Upon a report of bullying, harassment, or retaliation, the\nprincipal or head of school, or the principal or head of school's\ndesignee, must investigate promptly, communicate their findings with the\nvictim and take immediate steps and appropriate follow-up action\nreasonably calculated to ensure that such conduct has stopped and ensure\nthe safety of the student or students including retaliation against any\nindividual who in good faith reports such bullying or assists in the\ninvestigation.\n
N.Y. EDN Law § 626 — New York Code / Act EDN / Title 1 / Article 13-B / Section 626
Loan disclosure and prohibition of quid pro quo high risk loans
Status: in_force

§ 626. Loan disclosure and prohibition of quid pro quo high risk\nloans.  1. Should a borrower or potential borrower consult a covered\ninstitution's financial aid office in connection with obtaining an\neducational loan to pay for or finance higher education expenses, the\ncovered institution shall inform the borrower or potential borrower of\nall available financing options under Title IV of the Federal Higher\nEducation Act of nineteen hundred sixty-five, as amended, including\ninformation on any terms and conditions of available loans under such\ntitle that are more favorable to the borrower, before a lending\ninstitution may provide a private educational loan to a borrower\nattending a covered institution.\n  2. A lending institution shall not enter into an agreement or\notherwise provide any high risk loans, in exchange for the covered\ninstitution providing concessions or promises to the lending institution\nthat may prejudice other borrowers or potential borrowers.\n  3. A covered institution shall not enter into an agreement or\notherwise provide any high risk loans, in exchange for the covered\ninstitution providing concessions or promises to the lending institution\nthat may prejudice other borrowers or potential borrowers.\n
N.Y. EDN Law § 914 — New York Code / Act EDN / Title 1 / Article 19 / Section 914
Immunization of children
Status: in_force

§ 914. Immunization of children. 1. Each school shall require of every\nchild entering or attending such school proof of immunization in\naccordance with the provisions of section twenty-one hundred sixty-four\nof the public health law.\n  2. Each school district shall assist and cooperate with the\nmunicipality in the development of a plan required by section six\nhundred thirteen of the public health law.\n  3. Each school district shall participate in the surveys directed by\nthe state commissioner of health pursuant to section six hundred\nthirteen of the public health law of the immunization level of the\nchildren entering and attending school within such district, and which\nshall be subject to audit by the state commissioner of health. Each\nschool and school district shall provide the state commissioner of\nhealth with any records and reports required for the purpose of such\naudit. In no event shall the state commissioner of health disclose a\nstudent's identity.\n
N.Y. EDN Law § 471 — New York Code / Act EDN / Title 1 / Article 10 / Section 471
Inconsistent provisions of other laws superseded
Status: in_force

§ 471. Inconsistent provisions of other laws superseded.  Insofar as\nthe provisions of this article are inconsistent with the provisions of\nany other general, special or local law, or with the provisions of any\ncharter or ordinance, the provisions of this article shall be\ncontrolling.  The provisions of this article shall not be deemed to\nprevent the city of New York from financing the cost of acquiring,\nconstructing, reconstructing, rehabilitating or improving one or more\nschool buildings by the issuance of bonds or capital notes pursuant to\nthe local finance law.\n
N.Y. PBH Law § 2111 — New York Code / Act PBH / Article 21 / Title 1 / Section 2111
Disease management demonstration programs
Status: in_force

§ 2111. Disease management demonstration programs. 1. The department\nmay establish disease management demonstration programs through a\nrequest for proposals process to enhance the quality and\ncost-effectiveness of care rendered to medicaid-eligible persons with\nchronic health problems whose care and treatment, because of one or more\nhospitalizations, multiple disabling conditions requiring residential\ntreatment or other health care requirements, results in high medicaid\nexpenditures. In order to be eligible to sponsor and to undertake a\ndisease management demonstration program, the proposed sponsor may be a\nnot-for-profit, for-profit or local government organization that has\ndemonstrated expertise in the management or coordination of care to\npersons with chronic diseases or that has the experience of providing\ncost-effective community-based care to such patients, or in the case of\na local government organization, has expressed a strong willingness to\nsponsor such a program. The department may also approve disease\nmanagement demonstration programs which include, but are not limited to,\nthe promotion of adherence to evidence-based guidelines, improvement of\nprovider and patient communication and provide information on provider\nand beneficiary utilization of services. The department shall grant no\nfewer than six demonstration programs, no more than one-third of such\nprograms shall be selected to provide these services in any single\nsocial services district; provided further, where the department grants\nless than six demonstration programs, no more than one such program\nshall be selected to provide these services in any single social\nservices district. The department shall approve disease management\ndemonstration programs which are geographically diverse and\nrepresentative of both urban and rural social services districts. The\nprogram sponsor must establish, to the satisfaction of the department,\nits capacity to enroll and serve sufficient numbers of enrollees to\ndemonstrate the cost-effectiveness of the demonstration program.\n  2. The department shall establish the criteria by which individuals\nwill be identified as eligible for enrollment in the demonstration\nprograms.  Persons eligible for enrollment in the disease management\ndemonstration program shall be limited to individuals who: receive\nmedical assistance pursuant to title eleven of article five of the\nsocial services law and may be eligible for benefits pursuant to title\n18 of the social security act (Medicare); are not enrolled in a Medicaid\nmanaged care plan, including individuals who are not required or not\neligible to participate in Medicaid managed care programs pursuant to\nsection three hundred sixty-four-j of the social services law; are\ndiagnosed with chronic health problems as may be specified by the entity\nundertaking the demonstration program, including, but not limited to one\nor more of the following: congestive heart failure, chronic obstructive\npulmonary disease, asthma, diabetes or other chronic health conditions\nas may be specified by the department; or have experienced or are likely\nto experience one or more hospitalizations or are otherwise expected to\nincur excessive costs and high utilization of health care services.\n  3. Enrollment in a demonstration program shall be voluntary. A\nparticipating individual may discontinue his or her enrollment at any\ntime without cause. The commissioner shall review and approve all\nenrollment and marketing materials for a demonstration program.\n  4. The demonstration program shall offer evidence-based services and\ninterventions designed to ensure that the enrollees receive high\nquality, preventative and cost-effective care, aimed at reducing the\nnecessity for hospitalization or emergency room care or at reducing\nlengths of stay when hospitalization is necessary. The demonstration\nprogram may include screening of eligible enrollees, developing an\nindividualized care management plan for each enrollee and implementing\nthat plan. Disease management demonstration programs that utilize\ninformation technology systems that allow for continuous application of\nevidence-based guidelines to medical assistance claims data and other\navailable data to identify specific instances in which clinical\ninterventions are justified and communicate indicated interventions to\nphysicians, health care providers and/or patients, and monitor physician\nand health care provider response to such interventions, shall have the\nenrollees, or groups of enrollees, approved by the department for\nparticipation. The services provided by the demonstration program as\npart of the care management plan may include, but are not limited to,\ncase management, social work, individualized health counselors,\nmulti-behavioral goals plans, claims data management, health and\nself-care education, drug therapy management and oversight, personal\nemergency response systems and other monitoring technologies, telehealth\nservices and similar services designed to improve the quality and\ncost-effectiveness of health care services.\n  5. The department shall be responsible for monitoring the quality,\nappropriateness and cost-effectiveness of a demonstration program. The\ndepartment shall utilize, to the extent possible, all potential sources\nof funding for demonstration programs, including, but not limited to,\nprivate payments and donations. All such funds shall be deposited by the\ncommissioner and credited to the disease management account which shall\nbe established by the comptroller in the special revenue-other fund.\nAdditionally, to the extent of funds appropriated therefor, medical\nassistance funds, including any funding or shared savings as may become\navailable through federal waivers or otherwise under titles 18 and 19 of\nthe federal social security act, may be used by the department for\nexpenditures in support of the disease management program.\n  6. Payments shall be made by the department to the entity responsible\nfor the operation of the demonstration program on a fixed amount per\nmember per month of enrollment and shall reimburse the program sponsor\nfor the services rendered pursuant to subdivision four of this section.\nThe amount paid shall be an amount reasonably necessary to meet the\ncosts of providing such services, provided that the total amount paid\nfor medical assistance to enrollees in any such disease management\ndemonstration program, including any demonstration program expenditures,\nshall not exceed ninety-five percent of the medical assistance\nexpenditure related to such enrollee that would reasonably have been\nanticipated if the enrollee had not been enrolled in such demonstration\nprogram. The department may make payments to demonstration programs that\nprovide administrative services only, provided that expenditures made\nfor enrollees, or a group of enrollees, participating in the\ndemonstration program shall provide sufficient savings as determined by\nthe department, had the enrollees, or groups of enrollees, not been\nenrolled in such demonstration. The department shall provide an interim\nreport to the governor, and the legislature on or before December\nthirty-first, two thousand six and a final report on or before December\nthirty-first, two thousand seven on the results of demonstration\nprograms. Both reports shall include findings as to the demonstration\nprograms' contribution to improving quality of care and their\ncost-effectiveness. In the final report, the department shall offer\nrecommendations as to whether demonstration programs should be extended,\nmodified, eliminated or made permanent.\n
N.Y. EDN Law § 679-C — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 4 / Section 679-C
Senator Patricia K
Status: in_force

§ 679-c. Senator Patricia K. McGee nursing faculty scholarship\nprogram. 1. Purpose:\n  a. The president shall grant scholarship awards for the purpose of\nincreasing the number of educators and adjunct clinical faculty teaching\nin the field of nursing education in New York state. Such awards shall\nbe made on a competitive basis, as promulgated by the corporation\nthrough rules and regulations to applicants who are registered\nprofessional nurses and are enrolling in an approved program to obtain a\nmaster's degree in nursing or a doctoral degree that will qualify them\nas nursing faculty or adjunct clinical faculty.\n  b. To be eligible for an award pursuant to this subdivision,\napplicants shall (1) be a licensed registered nurse in New York state;\n(2) enroll in a master's degree program in nursing or doctoral degree\nprogram that will qualify them as nursing faculty or adjunct clinical\nfaculty in New York state; (3) agree to practice in New York state as\nnursing faculty upon completion of such degree program; and (4) comply\nwith subdivisions three and five of section six hundred sixty-one of\nthis part.\n  2. Award conditions and requirements. Scholarships shall be awarded on\na competitive basis as promulgated by the corporation through rules and\nregulations to applicants whom the corporation has certified are\neligible to receive such awards; and who agree to provide not less than\ntwelve academic credit hours or its equivalent as nursing faculty or\nclinical teaching service for the duration of at least four years upon\ncompletion of the degree program.\n  3. Amount. The corporation shall grant such awards within the amounts\nappropriated for such purpose and based on availability of funds\naccording to a schedule to be determined by the corporation in an\namount:\n  a. equal to the tuition charged to state resident students attending a\nmaster's degree program in nursing or doctoral degree program that will\nqualify them as nursing faculty or adjunct clinical faculty at the state\nuniversity of New York; the average mandatory fees charged at the state\nuniversity of New York, or the actual tuition and fees charged to the\nrecipient, whichever is less; and the average non-tuition cost of\nattendance, as determined by the corporation and as approved by the\ndirector of the budget, for a student at the state university of New\nYork or actual non-tuition cost of attendance at such institution,\nwhichever is less, provided that the scholarship shall not exceed an\namount that is equal to the total cost of attendance determined for\nfederal Title IV student financial aid purposes, less all other\nscholarships and grants provided by New York state, other states, the\nfederal government, or other governments, and the amount of educational\nbenefits paid under any program that would duplicate the purposes of\nthis program, provided that any scholarships or grants provided to a\nrecipient by the institution which are intended to fund any portion of\nthe difference between the annual state award and the actual costs of\nattendance at any such institution shall not be considered to duplicate\nthe purposes of this program.\n  b. No annual award shall exceed twenty thousand dollars.\n  4. Other awards. Award recipients shall be eligible to apply for other\nawards.\n  5. Penalties for noncompliance. a. The corporation shall convert to a\nstudent loan the full amount of the award given pursuant to this\nsection, plus interest, according to a schedule to be determined by the\ncorporation if: (1) three years after the completion of the degree\nprogram it is found that an applicant did not begin to provide nursing\nfaculty or clinical nurse faculty services; (2) if such applicant does\nnot provide nursing faculty or clinical nursing faculty services for\nfour years within seven years of the completion of the master's degree\nprogram in nursing or doctoral degree; or (3) the student fails to\nreceive a master's degree in nursing or doctoral degree that will\nqualify them as nursing faculty or adjunct clinical faculty within the\nthree years of receiving the award. The terms and conditions of this\nsubdivision shall be deferred for any interruption in graduate or\ndoctoral study or employment as established by the rules and regulations\nof the corporation. Any obligation to comply with such provisions as\noutlined in this section shall be cancelled upon the death of the\nrecipient. Notwithstanding any provisions of this subdivision to the\ncontrary, the corporation is authorized to promulgate rules and\nregulations to provide for the waiver or suspension of any financial\nobligation which would involve extreme hardship.\n  b. The rate of interest charged for repayment of the student loan\nshall be determined pursuant to rules and regulations promulgated by the\ncorporation.\n
N.Y. VAT Law § 137 — New York Code / Act VAT / Title 1 / Article 1 / Section 137
Railroad train
Status: in_force

§ 137. Railroad train.  A steam engine, electric or other motor\nlocomotive or car, with or without cars coupled thereto, operated upon\nrails, except streetcars.\n
N.Y. RPT Law § 522 — New York Code / Act RPT / Article 5 / Title 1-A / Section 522
Definitions
Status: in_force

§ 522. Definitions. When used in this title:\n  1. "Approved assessing unit" shall mean an assessing unit certified by\nthe commissioner, pursuant to section nineteen hundred two of this\nchapter, as having completed a revaluation which is in conformance with\nthe commissioner's rules promulgated pursuant to section fifteen hundred\nseventy of this chapter.\n  2. "Assessed valuation" or "assessed value" means the determination\nmade by assessors of the valuation of real property, including the\nvaluation of exempt real property.\n  3. "Class designation" shall mean:\n  (a) in an assessing unit other than a special assessing unit, the\ndetermination, pursuant to section nineteen hundred three of this\nchapter, of whether real property is included in the homestead class; or\n  (b) in a special assessing unit, the determination, pursuant to\nsection eighteen hundred two of this chapter, of whether real property\nis included in class one, two, three or four.\n  4. "Excessive assessment" or an assessment which is excessive shall\nmean and include:\n  (a) an entry on an assessment roll of the assessed valuation of real\nproperty which exceeds the full value of real property; or\n  (b) an entry on an assessment roll of the taxable assessed valuation\nof real property which is excessive because the real property failed to\nreceive all or a portion of a partial exemption to which the real\nproperty or owner thereof is entitled pursuant to the law authorizing\nthe partial exemption; or\n  (c) an entry on the assessment roll of an approved assessing unit of a\ntransition assessment which is excessive because of a failure to comply\nwith the provisions of section nineteen hundred four of this chapter; or\n  (d) an entry on the assessment roll of a special assessing unit of\nassessed valuation, an actual assessment or transition assessment for\nreal property which is excessive because of a failure to comply with the\nlimitations on increases in assessed value set forth in section eighteen\nhundred five of this chapter.\n  5. "Local government" shall mean, unless otherwise expressly stated or\nunless the context otherwise requires, a county, city or town with the\npower to assess real property for the purpose of taxation.\n  6. "Misclassification" or real property which is misclassified shall\nmean and include:\n  (a) an entry on an assessment roll of an incorrect class designation;\nor\n  (b) an entry on the assessment roll of an assessing unit other than a\nspecial assessing unit of a class designation which results in an\nincorrect allocation of a parcel's assessed valuation between homestead\nreal property and the remainder of the parcel; or\n  (c) an entry on the assessment roll of a special assessing unit of a\nclass designation which results in an incorrect allocation of a parcel's\nassessed valuation between two or more classes.\n  7. "Special assessing unit" shall mean an assessing unit with a\npopulation of one million or more.\n  8. "Taxable assessed valuation" or "taxable assessed value" means the\nassessed valuation of real property less partial exemptions.\n  9. "Unequal assessment" or an assessment which is unequal shall mean\nand include:\n  (a) an entry on the assessment roll of an assessing unit other than a\nspecial assessing unit of the assessed valuation of real property which\nis made at a higher proportionate valuation than the assessed valuation\nof other real property on the same roll by the same officers; or\n  (b) an entry on the assessment roll of a special assessing unit of the\nassessed valuation of real property which is made at a higher\nproportionate valuation than the assessed valuation of other real\nproperty in the same class on the same roll by the same officer; or\n  (c) an entry on an assessment roll of the assessed valuation of real\nproperty improved by a one, two or three family residence which is made\nat either a higher proportion of full value than the assessed valuation\nof other residential property on the same roll by the same officers or\nat a higher proportion of full value than the assessed valuation of all\nreal property on the same roll by the same officers.\n  10. "Unlawful assessment" or an assessment which is unlawful shall\nmean and include:\n  (a) an entry on the taxable portion of the assessment roll of the\nassessed valuation of real property which, except for the provisions of\nsection four hundred ninety of this chapter, is wholly exempt from\ntaxation; or\n  (b) an entry on an assessment roll of the assessed valuation of real\nproperty which is entirely outside the boundaries of the assessing unit,\nthe school district or the special district in which the real property\nis designated as being located; or\n  (c) an entry on an assessment roll of the assessed valuation of real\nproperty which cannot be identified from the assessment roll description\nor tax map land parcel number on the assessment roll; or\n  (d) an entry of assessed valuation of real property on an assessment\nroll which has been made by a person or body without the authority to\nmake such entry; or\n  (e) an entry of assessed valuation of the special franchise on an\nassessment roll which exceeds the final assessment thereof as determined\nby the commissioner.\n
N.Y. PAB Law § 13 — New York Code / Act PAB / Title 1 / Section 13
Expiration and repeal of certain provisions
Status: in_force

* § 13. Expiration and repeal of certain provisions. The provisions of\nsections one through twelve of this act shall expire and be deemed\nrepealed on January 1, 1991; except that the provisions of subdivision\neight of section twelve of this act shall expire and be deemed repealed\non January 31, 1991.\n* NB Repealed January 1, 1991\n
N.Y. EDN Law § 342 — New York Code / Act EDN / Title 1 / Article 7-A / Section 342
Disclosure of test contents
Status: in_force

§ 342. Disclosure of test contents. 1. Within thirty days after the\nresults of any standardized test are released, the test agency shall\nfile or cause to be filed with the commissioner:\n  a. a copy of all test questions used in calculating the test subject's\nraw score;\n  b. the corresponding acceptable answers to those questions; and\n  c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n  2. Within ninety days after filing a standardized test pursuant to\nsubdivision one of this section and for a period of not less than ninety\ndays after the offer is made, the test agency shall provide to the test\nsubject the opportunity to secure:\n  a. a copy of the test questions used to calculate the test subject's\nraw score;\n  b. a copy of the test subject's answer sheet, or answer record where\nthere is no answer sheet, together with a copy of the correct answer\nsheet to the same test with questions used to calculate the test\nsubject's raw score so marked; and\n  c. a statement of the raw score used to calculate the scores reported\nto the test subject.\n  The agency may charge a nominal fee for providing such information,\nnot to exceed the direct cost thereof. Notwithstanding any other\nprovision in this section, a test agency shall permit a test subject to\nelect in writing this opportunity both at the time the test subject\nregisters to take a test and at the time the test agency reports test\nscores to the test subject; provided, however, that the provisions of\nthis paragraph shall not apply where either the materials described in\nparagraph (a) or (b) of this subdivision are provided during the test\nadministration. The form permitting such election shall describe the\nopportunity offered pursuant to this subdivision in clear and plain\nEnglish and shall be part of and included in the test registration form\nand in a form provided to the test subject at the time test scores are\nreported to the test subject.\n  3. a. Notwithstanding subdivisions one and two of this section, a test\nagency may withhold from disclosure any test forms administered in New\nYork in any given test program to not more than five percent of the\nanticipated test subjects annually or to not more than five thousand\ntest subjects annually, whichever is less.\n  b. Prior to the beginning of a test agency's testing year, the test\nagency shall designate the dates upon which test forms to be filed with\nthe commissioner will be used. The test agency shall inform potential\ntest subjects of these dates.\n  4. Within three years after the administration in New York of a\nstandardized test form not required to be disclosed under subdivision\nthree of this section the test agency shall file the test form and the\ncorresponding acceptable answers with the commissioner.\n  5. Subdivisions one, two, three, and four of this section shall not\napply to the GRE Advanced Tests. With respect to such tests, the test\nagency shall file with the commissioner the following:\n  a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during the period set forth\nbelow;\n  b. the corresponding acceptable answers; and\n  c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules, in\naccordance with the following schedule:\n  (1) once every three years for such test administered to forty\nthousand or more test subjects in New York annually, and\n  (2) once every five years for such tests administered to five thousand\nor less than forty thousand test subjects in New York annually, and\n  (3) once every eight years for such tests administered to fewer than\nfive thousand test subjects in New York annually.\n  5-a. Subdivisions one, two, three, four, five and six of this section\nshall not apply to the Medical College Admission Test. With respect to\nthat test, the test agency shall file with the commissioner once every\nfour years the following:\n  a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during the previous four-year\nperiod;\n  b. the corresponding acceptable answers; and\n  c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n  5-b. Subdivisions one, two, three, four, five, five-a and six of this\nsection shall not apply to SAT Subject Tests. With respect to such\ntests, the test agency shall maintain on file with the commissioner a\ncomplete sample test, reflecting tests currently in use, of each type of\nSAT Subject Test to be administered in New York and provide to the test\nsubject the opportunity to secure a copy of a representative complete\nsample test of a Subject Test. Whenever a new Subject Test is added the\ntest agency shall file and publish updated information consisting of\ndescriptions and sample items prior to the administration of any such\ntest in New York. Whenever a substantial change is made in any subject,\nthe test agency shall file and publish updated information consisting of\ncomplete sample tests prior to the administration of any such test in\nNew York.\n  6. Notwithstanding other provisions of this section, if a test agency\nhas administered a standardized test to less than two thousand test\nsubjects in New York annually, the test agency shall file with the\ncommissioner at least once every three years:\n  a. a copy of all test questions used in calculating the test subject's\nraw score from one test form administered during that three year period;\n  b. the corresponding acceptable answers with the commissioner; and\n  c. all rules for converting raw scores into those scores reported to\nthe test subject together with an explanation of such rules.\n  7. Documents submitted to the commissioner pursuant to this section\nshall be public records and, in collecting this material, the State\nEducation Department shall be considered an archive under Title 17 § 108\nU.S.C.\n  8. a. Within sixty days of the receipt of correspondence from a test\nsubject, their representative, or a user institution challenging or\nquestioning the keying, scoring, wording, or any aspect of a test\nquestion or questions used to calculate test subjects' raw scores for\nstandardized tests filed with the commissioner pursuant to subdivision\none of this section, the test agency shall place such correspondence in\na separately maintained file. Such filed correspondence must contain no\ninformation identifiable with any individual or user institution unless\nauthorized by that individual or institution.\n  b. Within thirty days of the test agency's sending out a response to\nthe test subject, their representative or the user institution, the test\nagency shall place on file a copy of any of the test agency's written\nresponses to such correspondence clarifying, explaining or defending the\ntest question or questions. Such filed responses must contain no\ninformation identifiable with any individual or user institution unless\nauthorized by that individual or institution.\n  c. Test subjects and any other individual shall be able to gain access\nto such file by submitting a written request to the test agency. Test\nagencies shall make copies of any of the requested contents of the file.\nTest agencies may charge nominal fees to provide copies of any of the\ncontents of the file upon request. Such fees may not exceed the direct\ncosts of administering and maintaining such files and photocopying\nrequested materials.\n  9. Each test agency shall report the following information to the\ncommissioner annually:\n  a. the dates of each test administered by the test agency during the\ntesting year;\n  b. the total number of test subjects who took the test at each\nadministration;\n  c. the total amount of fees received from test subjects by the test\nagency for the test for that testing year; and\n  d. those expenses which are directly attributable to the test and\nthose expenses which are indirectly attributable to the test. The test\nagency shall also list expenses indirectly attributable to all\nactivities of the test agency, including expenses not identifiable as\nattributable to a test.\n  10. a. Except as provided in paragraphs b, c, d and e of this\nsubdivision, subdivisions one and two of this section shall not apply to\nany test agency which discloses test forms administered to at least\ntwo-thirds of the test subjects in a test year, based on the number of\nadministrations in the most recent test year.\n  b. Subdivisions one, two, three, four and six of this section shall\nnot apply to the SAT Test during the nineteen hundred\nninety-six--ninety-seven test year or to the two thousand eighteen--two\nthousand nineteen test year so long as the College Entrance Examination\nBoard discloses in each such testing year:\n  (i) four test forms used to administer the SAT Test in New York, or\n  (ii) if fewer than four regular SAT Test administrations are offered\nin New York during a test year, the same number of SAT Test forms as\nregular SAT Test administrations in New York in that test year.\n  b-1. Subdivisions one, two, three, four and six of this section shall\nnot apply to the SAT Test during the two thousand nineteen--two thousand\ntwenty test year or any subsequent test year, so long as the college\nentrance examination board discloses in each such testing year:\n  (i) if seven or more regular SAT Test administrations are offered in\nNew York during a test year, four SAT Test forms used to administer the\nSAT Test in New York;\n  (ii) if four, five or six regular SAT Test administrations are offered\nin New York during a test year, three SAT Test forms used to administer\nthe SAT Test in New York; or\n  (iii) if three or fewer regular SAT Test administrations are offered\nin New York during a test year, the same number of SAT Test forms used\nto administer the SAT Test in New York.\n  b-2. Subdivisions one, two, three, four and six of this section shall\nnot apply to the ACT college entrance examination during the two\nthousand nineteen--two thousand twenty test year or any subsequent test\nyear, so long as the ACT college entrance examination board discloses in\neach such testing year:\n  (i) if seven or more regular ACT college entrance examinations test\nadministrations are offered in New York during a test year, four ACT\ncollege entrance examinations test forms used to administer the ACT\ncollege entrance examination test in New York;\n  (ii) if four, five or six regular ACT college entrance examinations\ntest administrations are offered in New York during a test year, three\nACT college entrance examinations test forms used to administer the ACT\ncollege entrance examination test in New York; or\n  (iii) if three or fewer regular ACT college entrance examinations test\nadministrations are offered in New York during a test year, the same\nnumber of ACT college entrance examination test forms as regular ACT\ncollege entrance examination test administrations in New York in that\ntest year.\n  c. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the Graduate Record Examination ("GRE") General Test during\nthe nineteen hundred ninety-six--ninety-seven test year so long as the\nGraduate Record Examinations Board discloses in that test year the\ngreater of:\n  (i) one GRE General Test form administered in New York, or\n  (ii) one-half the number of GRE General Test forms administered in New\nYork in that test year.\n  d. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the GRE General Test during the nineteen hundred\nninety-seven--ninety-eight test year or any subsequent test year, so\nlong as the Graduate Record Examinations Board discloses in each such\ntest year one-half of the number of GRE General Test forms administered\nin regular administrations in New York in that test year if it offers at\nleast two regular administrations of that test in New York in that test\nyear.\n  e. Subdivisions one, two, three, four, and six of this section shall\nnot apply to the Test of English as a Foreign Language ("TOEFL") during\nthe nineteen hundred ninety-six--ninety-seven test year or any\nsubsequent test year so long as the TOEFL Policy Council discloses in\neach such test year:\n  (i) five test forms used to administer the TOEFL in New York, or\n  (ii) if fewer than five regular TOEFL administrations are offered in\nNew York during a test year, the same number of TOEFL forms as such\nregular administrations in New York during that test year.\n  f. Any test agency offering one or more nondisclosed administrations\npursuant to this subdivision shall provide to test subjects, in a clear\nand conspicuous manner in its registration materials, notice of which\ntest administrations will or will not be disclosed.\n  g. For the purposes of this subdivision, a "regular" administration\nmeans a regular Saturday major paper-and-pencil administration of the\nSAT I or GRE General Test or a regular Friday major paper-and-pencil\nadministration of the TOEFL. A "regular" administration does not include\nany other administration (whether offered on a Friday or Saturday or\notherwise), whether a makeup administration, an administration for\nSaturday Sabbath observers, or other special-purpose administration, or\nany individual administration.\n  11. Notwithstanding subdivision one of this section, a test agency\nwhich administered a computerized standardized test in test year\nnineteen hundred ninety-four shall file with the commissioner:\n  a. no later than September first, nineteen hundred ninety-six the test\nitem pool used for an operational test administered as of December\nfirst, nineteen hundred ninety-four, and the corresponding acceptable\nanswers.\n  b. no later than September first, nineteen hundred ninety-seven that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-six test year equivalent to one\npaper-and-pencil test form, and the corresponding acceptable answers.\n  c. no later than September first, nineteen hundred ninety-eight that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-seven test year equivalent to two\npaper-and-pencil test forms, and the corresponding acceptable answers.\n  d. no later than September first, nineteen hundred ninety-nine that\nportion of the test item pool used for an operational test administered\nduring the nineteen hundred ninety-eight test year equivalent to six\npaper-and-pencil test forms, and the corresponding acceptable answers.\n
N.Y. ELN Law § 7-120 — New York Code / Act ELN / Article 7 / Title 1 / Section 7-120
Ballots; emergency use, to be furnished
Status: in_force

§ 7-120. Ballots; emergency use, to be furnished.  1. If any voting\nmachine or voting system for use in any election shall become out of\norder during an election it shall, if possible, be repaired or another\nmachine or voting system substituted as promptly as possible. In case\nsuch repair or substitution cannot be made, emergency ballots, printed\nor written, and of any suitable form, shall be provided by the board of\nelections and may be used for the casting of votes.\n  2. If the official ballots for an election district shall not be\ndelivered within the time necessary to open the polls, or shall be lost,\ndestroyed or stolen, or if the supply of official ballots shall be\nexhausted before the polls are closed, the board of elections, or at its\ndirection, the town or city clerk, or the election inspectors of such\ndistrict, shall cause emergency ballots to be prepared, printed or\nwritten, as nearly in the form of the official ballots as practicable.\nThe inspectors shall use the ballots so substituted in the same manner,\nas near as may be, as the official ballots.\n  3. It shall be the duty of each board of elections to cause a\nsufficient number of emergency ballots to be placed at each polling\nplace in which voting machines or voting systems are used, to be\nemployed in the event the voting machines or voting systems break down.\nAt any time during the hour succeeding a breakdown, the inspectors of\nelection may use such emergency ballots, and if such breakdown lasts\nmore than one hour, such emergency ballots must be used. The sample\nballots may be used for this purpose in full or reduced size.\n
N.Y. ENV Law § 53-0107 — New York Code / Act ENV / Article 53 / Title 1 / Section 53-0107
Grants or gifts
Status: in_force

§ 53-0107. Grants or gifts.\n  The department, with the approval of the governor, may accept as agent\nof the state any gift, devise or bequest, whether conditional or\nunconditional (notwithstanding the provisions of section eleven of the\nstate finance law), and including federal grants, for any of the\npurposes of this article. Any moneys so received may be expended by the\ndepartment to effectuate any purpose of this article, subject to the\nsame limitations as to approval of expenditures and audit as are\nprescribed for state moneys appropriated for the purposes of this\narticle.\n
N.Y. EDN Law § 215-A — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 215-A
Annual report by regents to governor and legislature
Status: in_force

§ 215-a. Annual report by regents to governor and legislature.  1. The\nregents of the university of the state of New York shall prepare and\nsubmit to the governor, the temporary president of the senate, and the\nspeaker of the assembly, not later than the first day of January,\nnineteen hundred eighty-nine, nineteen hundred ninety and nineteen\nhundred ninety-one and the fifteenth day of February of each year\nthereafter, a report concerning the schools of the state which shall set\nforth with respect to the preceding school year: enrollment trends;\nindicators of student achievement in reading, writing, mathematics,\nscience and vocational courses; graduation, college attendance and\nemployment rates; such other indicators of student performance as the\nregents shall determine; information concerning teacher and\nadministrator preparation, turnover, in-service education and\nperformance; information concerning school library expenditures and\nschool library media specialist employment; expenditure per pupil on\nregular education and expenditure per pupil on special education and\nsuch other information as requested by the governor, the temporary\npresident of the senate, or the speaker of the assembly. To the extent\npracticable, all such information shall be displayed on both a statewide\nand individual district basis and by racial/ethnic group and gender. The\nregents are authorized to require school districts, boards of\ncooperative educational services and nonpublic schools to provide such\ninformation as is necessary to prepare the report. In preparing the\nreport, the regents shall consult with other interested parties,\nincluding local school districts, teachers' and faculty organizations,\nschool administrators, parents and students.\n  2. The annual report shall specifically identify school districts (i)\nhaving fifteen percent or more of their students in special education;\nor (ii) having fifty percent or more of their students with disabilities\nin special education programs or services sixty percent or more of the\nschool day in a general education building; or (iii) having eight\npercent or more of their students with disabilities in special education\nprograms in public or private separate educational settings. Such report\nshall also present each district's percent and the statewide percent for\neach such measure.\n
N.Y. EDN Law § 667-D — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 667-D
Enhanced tuition awards
Status: in_force

§ 667-d. Enhanced tuition awards. 1. Recipient qualifications.  a.\nEstablishment. Enhanced tuition awards are available for students who\nare enrolled in approved programs in private degree granting\ninstitutions of higher education except those institutions set forth in\nparagraph b of subdivision four of section six hundred sixty-one of this\npart and who demonstrate the ability to complete such courses, in\naccordance with standards established by the commissioner; provided,\nthat, no award shall exceed one hundred percent of the amount of tuition\ncharged.\n  b. Application for other awards. A student who would be eligible for a\ntuition assistance program award pursuant to section six hundred\nsixty-seven of this subpart and/or a federal Pell grant pursuant to\nsection one thousand seventy of title twenty of the United States code,\net. seq., is required to apply for each such award. Any award shall be\napplied to tuition after the application of payments received under the\ntuition assistance program pursuant to section six hundred sixty-seven\nof this subpart.\n  c. GPA requirements. Notwithstanding paragraph c of subdivision four\nof section six hundred sixty-one of this part, a school shall certify\nthat a recipient has achieved a grade point average necessary for\nsuccessful completion of his or her coursework to receive payment under\nthe award.\n  d. Credit requirements. An award shall be made to an applicant who:\n(i) if enrolled in (A) a private degree granting institution of higher\neducation prior to application, has completed at least thirty combined\ncredits per year following the student's start date, or its equivalent,\napplicable to his or her program or programs of study or (B) a public\ndegree granting institution of higher education prior to application,\nhas completed at least thirty combined credits per year following the\nstudent's start date, or its equivalent, applicable to his or her\nprogram or programs of study and which were accepted upon transfer to a\nprivate degree granting institution of higher education; (ii) enrolls in\nat least twelve credits per semester and completes at least thirty\ncombined credits per year following the student's start date, or its\nequivalent, applicable to his or her program or programs of study except\nin limited circumstances as prescribed by the corporation in regulation.\nNotwithstanding, in the student's last semester, the student may take at\nleast one course needed to meet his or her graduation requirements and\nenroll in and complete at least twelve credit hours or its equivalent.\nFor students who are disabled as defined by the Americans With\nDisabilities Act of 1990, 42 USC 12101, the corporation shall prescribe\nrules and regulations that allow applicants who are disabled to be\neligible for an award pursuant to this section based on modified\ncriteria.\n  e. Notwithstanding paragraph d of this subdivision, a student who\notherwise satisfies all of the requirements under this section but fails\nto complete at least thirty combined credits, or its equivalent,\napplicable to his or her program or programs of study in any year shall\nbe eligible to receive an award payment for the first semester of such\nyear, provided however, the student shall be ineligible for any further\npayments under this section.\n  f. Additional requirements. A recipient shall agree to reside\nexclusively in New York state, and shall not be employed in any other\nstate, for a continuous number of years equal to the duration of the\naward received within six months of receipt of his or her final award\npayment, and sign a contract with the corporation to have his or her\nfull award converted to a student loan according to a schedule to be\ndetermined by the corporation if such student fails to fulfill this\nrequirement. The terms and conditions of this paragraph may, as\nestablished by the rules and regulations of the corporation, be\ndeferred: (i) to complete undergraduate study; or (ii) to attend\ngraduate school on at least a half-time basis. Any obligation to comply\nwith such provisions as outlined in this paragraph may be cancelled upon\nthe death of the recipient. Notwithstanding any provisions of this\nparagraph to the contrary, the corporation is authorized to promulgate\nrules and regulations to provide for the waiver or suspension of any\nfinancial obligation which would involve extreme hardship.\n  g. Failure to meet the conditions of the award shall not otherwise\ndisqualify a student's eligibility to receive an award under section six\nhundred sixty-seven of this subpart.\n  2. Duration. No undergraduate shall be eligible for more than four\nacademic years of study, or five academic years if the program of study\nnormally requires five years. An undergraduate student enrolled in an\neligible two-year program approved by the commissioner shall be eligible\nfor no more than two academic years. Under no circumstances shall a\nstudent receive an award for a two-year program for more than two\nconsecutive years of academic study or four consecutive semesters of\nacademic study; or at a four or five-year program, for more than four\nconsecutive years or eight consecutive semesters of academic study or\nfive consecutive years, or ten consecutive semesters of study if the\nprogram normally requires five years. Notwithstanding, such duration may\nbe extended for an allowable interruption of study including, but not\nlimited to, death of a family member, medical leave, military service,\nand parental leave, as established by the corporation in regulation.\n  3. Income. An award shall be made to an applicant who has an adjusted\ngross income for the qualifying year, as such terms are defined in this\nsubdivision, equal to or less than: (i) one hundred thousand dollars for\nrecipients receiving an award in the two thousand seventeen--two\nthousand eighteen academic year; (ii) one hundred ten thousand dollars\nfor recipients receiving an award in the two thousand eighteen--two\nthousand nineteen academic year; and (iii) one hundred twenty-five\nthousand dollars for recipients receiving an award in the two thousand\nnineteen--two thousand twenty academic year and thereafter. Adjusted\ngross income shall be the total of the combined adjusted gross income of\nthe applicant and the applicant's parents or the applicant and the\napplicant's spouse, if married. Qualifying year shall be the adjusted\ngross income as reported on the federal income tax return, or as\notherwise obtained by the corporation, for the calendar year coinciding\nwith the tax year established by the U.S. department of education to\nqualify applicants for federal student financial aid programs authorized\nby Title IV of the Higher Education Act of nineteen hundred sixty-five,\nas amended, for the school year in which application for assistance is\nmade. Provided, however, if an applicant demonstrates to the corporation\nthat there has been a change in such applicant's adjusted gross income\nin the year or years subsequent to the qualifying year which would\nqualify such applicant for an award, the corporation shall review and\nmake a determination as to whether such applicant meets the requirement\nset forth in this subdivision based on such year. Provided, further that\nsuch change was caused by the death, permanent and total physical or\nmental disability, divorce, or separation by judicial decree or pursuant\nto an agreement of separation which is filed with a court of competent\njurisdiction of any person whose income was required to be used to\ncompute the applicant's total adjusted gross income.\n  4. Amount. Within the amounts appropriated therefor and based on\navailability of funds, awards shall be granted beginning with the two\nthousand seventeen--two thousand eighteen academic year and thereafter\nto applicants that the corporation has determined are eligible to\nreceive such awards. Recipients of an award under this program shall\nreceive six thousand dollars through a combination of the enhanced\ntuition award plus a student's tuition assistance program award pursuant\nto section six hundred sixty-seven of this subpart plus the\ninstitution's matching award pursuant to subdivision five of this\nsection. Provided, however, any institution that charges tuition that is\nreduced by greater than fifteen percent from the level of tuition\ncharged six years prior to the academic year in which the award is to be\napplied shall be exempt from the requirement to provide such match and\nstudents attending such institutions shall receive an enhanced tuition\naward without such institutional match.\n  5. Matching awards. Commencing with the two thousand seventeen--two\nthousand eighteen academic year and thereafter, participating\ninstitutions shall credit each recipient's remaining tuition expenses in\nan amount equal to the recipient's award under this section. Provided,\nhowever that any institution that charges tuition that is reduced by\ngreater than fifteen percent from the level of tuition charged six years\nprior to the academic year in which the award is to be applied shall be\nexempt from the requirement to provide such match, and shall remain\nexempt from providing such match to such recipient in any academic year\nin which such recipient receives an award under this section.\n  6. Tuition. The rate of tuition charged to an individual receiving an\naward shall not be increased for the duration of time that such\nindividual receives an award.\n  7. College option. An institution may choose not to participate in the\nprogram and students attending any non-participating college may still\nbe eligible to receive an award pursuant to section six hundred\nsixty-seven of this subpart.\n  8. Recipient selection. The president may establish: a. an application\ndeadline and b. a method of selecting recipients if in any given year\nthere are insufficient funds to cover the needs of all the applicants\nprovided that priority shall be given to eligible applicants who are\ncurrently in attendance at an institution of higher education.\n  9. Rules and regulations. The corporation is authorized to promulgate\nrules and regulations, and may promulgate emergency regulations,\nnecessary for the implementation of the provisions of this section\nincluding, but not limited to, the criteria for distributing the awards,\nwhich may include a lottery or other form of random selection.\n
N.Y. SOS Law § 390-M — New York Code / Act SOS / Article 6 / Title 1 / Section 390-M
Window coverings
Status: in_force

§ 390-m. Window coverings. 1. For purposes of this section the\nfollowing terms shall have the meanings set forth below:\n  (a) "Beaded chain" means a cord with a series of small spheres,\ntypically made of metal or plastic.\n  (b) "Cord loop" means a loop formed by an inner cord that does not\ndiminish in size when the force used to create the loop is removed.\n  (c) "Cordless window covering" means:\n  (i) a horizontal blind or cellular shade that has no draw cord and the\ninternal lift cord runs in the slats of the horizontal blind so that the\ncord is incapable of forming a loop greater than 4 inches in diameter\nresulting in a 12-inch maximum circumference;\n  (ii) a Roman shade, roll-up blind, or woven shade that has no draw\ncord and the lift cord is completely enclosed so that it is not\naccessible;\n  (iii) a vertical blind that has a wand as its operating mechanism and\ndoes not contain any beaded chains, corded pulleys, or other cord loop\noperating mechanisms; and\n  (iv) a roller shade that does not contain a cord or beaded chain.\n  (d) "Draw cord" means any form of rope, strap, or string used to raise\nor lower a window covering.\n  (e) "Internal lift cord" means a cord that is contained inside the\nbody and rails of the blind or shade.\n  (f) "Wand" means a rigid material used for manual operation.\n  2. Any child day care center as defined in paragraph (c) of\nsubdivision one of section three hundred ninety of this title installing\nnew or replacement window coverings shall install cordless window\ncoverings or window coverings with inaccessible operational and inner\ncords.\n  3. Any child day care center as defined in paragraph (c) of\nsubdivision one of section three hundred ninety of this title that has\nwindow coverings in place on the effective date of this section, shall\nensure that all window and door blind cords, ropes, wires and other\nstrangulation hazards are secured and inaccessible to children in\naccordance with the regulations of the office of children and family\nservices.\n  4. If a child day care center fails to comply with the requirements of\nsubdivision three of this section, the office of children and family\nservices may require replacement of existing window coverings with\ncordless window coverings or window coverings with inaccessible\noperational and inner cords.\n
N.Y. EDN Law § 371 — New York Code / Act EDN / Title 1 / Article 8-A / Section 371
State university construction fund
Status: in_force

§ 371. State university construction fund. 1. There is hereby created\nwithin the state university the "state university construction fund".\nThe fund shall be a corporate governmental agency constituting a public\nbenefit corporation. It shall be administered by three trustees\nappointed by the governor, one of whom shall at all times be a state\nuniversity trustee. The trustees other than the state university trustee\nshall be appointed with the advice and consent of the senate.\n  2. The trustees of the fund first appointed by the governor shall\nserve for terms ending December thirty-first, in nineteen hundred\nsixty-four, nineteen hundred sixty-six and nineteen hundred sixty-eight,\nrespectively. Persons appointed for full terms as their successors shall\nserve for six years each commencing as of the January first next\nfollowing the year in which the term of his predecessor expired. In the\nevent of a vacancy occurring in the office of a trustee by death,\nresignation or otherwise, the governor shall appoint a successor in the\nsame manner as an original appointment to serve for the balance of the\nunexpired term. A vacancy shall be deemed to have occurred whenever the\ntrustee of the fund who is a state university trustee ceases to be a\nstate university trustee.\n  3. The trustees of the fund shall serve without salary, but each\ntrustee shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of his official duties.\n  4. The trustees of the fund may engage in private employment, or in a\nprofession or business, subject to the limitations contained in sections\nseventy-three and seventy-four of the public officers law. The fund\nshall, for the purposes of such sections, be a "state agency", the\ntrustees thereof shall be "officers" of the agency for the purposes of\nsaid sections, and the trustees, officers and other persons in the\nemployment of the fund shall be "employees" for the purposes of\nsubdivision one of section seventeen of the public officers law.\n  5. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of accepting appointment as a trustee of\nthe fund.\n  6. The governor may remove any trustee for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him, and an opportunity to be heard, in person or by counsel, in\nhis defense, upon not less than ten days' notice. If any trustee shall\nbe removed, the governor shall file with the secretary of state a\ncomplete statement of charges made against the trustee, and his findings\nthereon, together with a complete record of the proceedings.\n  7. The chairman of the fund shall be designated by the governor, shall\npreside over all its meetings and shall have such other duties as the\ntrustees may direct. A vice-chairman who shall preside over all meetings\nof the fund in the absence of the chairman and shall have such other\nduties as the trustees may direct may be designated from time to time by\nthe trustees from among the other trustees.\n  8. The powers of the fund shall be vested in and exercised by no fewer\nthan two of the trustees then in office. The fund may delegate to one or\nmore of its trustees, or officers, agents and employees, such powers and\nduties as it may deem proper; provided, however, that all contracts\ninvolving an estimated expense of seventy-five thousand dollars or more\nand all lease agreements to be entered into pursuant to section three\nhundred seventy-eight of this article shall be approved prior to\nexecution by no fewer than two trustees of the fund.\n  9. The fund may appoint such officers, employees and agents as it may\ndeem advisable, including a general manager to be the chief\nadministrative officer of the fund, a counsel and a controller, and may\nprescribe their duties and fix their compensation.\n  10. Officers and employees of other state agencies may be transferred\nto the fund and officers and employees of the fund may be transferred to\nother state agencies without examination and without loss of any civil\nservice status or rights. No such transfer, however, may be made except\nwith the approval of the head of the other state agency involved, the\ndirector of the budget and the chairman of the fund, and in compliance\nwith the rules and regulations of the state civil service commission.\n
N.Y. EDN Law § 679 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 3 / Section 679
Regents professional opportunity scholarships
Status: in_force

* § 679. Regents professional opportunity scholarships. 1. Number and\ncertification. Two hundred twenty regents professional opportunity\nscholarships shall be awarded each year. Such scholarships shall be\nallocated as provided in article thirteen of this chapter to eligible\nstudents as certified to the president by the commissioner.\n  2. Duration. No recipient shall be eligible to receive an award\npursuant to this section for more than four academic years unless\nenrolled in a program of study recognized by the regents as normally\nrequiring more than four years to complete.\n  3. Amount. The president shall make academic year awards in amounts\nprovided in this subdivision. The academic year award shall be up to\nfive thousand dollars provided however that if family income of the\napplicant exceeds an amount established by the regents and approved by\nthe director of the division of the budget for an economically\ndisadvantaged applicant, the award shall be reduced by the amount of one\ndollar for each four dollars, or part thereof, of the excess, provided,\nhowever, that in no event shall the award be less than one thousand\ndollars, and no award shall exceed the actual costs of attendance. Costs\nof attendance shall include tuition, required fees, laboratory and other\ninstruction related expenses, books, transportation, room and board.\n  * NB Scholarship terminated per ch 31/85 § 17, as amended\n
N.Y. EDN Law § 217 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 217
Provisional charters
Status: in_force

§ 217. Provisional charters.  On evidence satisfactory to the regents\nthat the conditions for an absolute charter will be met within a\nprescribed time, they may grant a provisional charter which shall be\nreplaced by an absolute charter when the conditions have been fully met;\notherwise, after the specified time, on notice from the regents to this\neffect, the provisional charter shall terminate and become void and\nshall be surrendered to the regents.  No such provisional charter shall\ngive power to confer degrees.\n
N.Y. EDN Law § 317 — New York Code / Act EDN / Title 1 / Article 7 / Section 317
General education development exam
Status: in_force

§ 317. General education development exam.  Notwithstanding any\nprovision of law, no fee shall be established for admission to the\ngeneral education development exam.\n
N.Y. EDN Law § 306 — New York Code / Act EDN / Title 1 / Article 7 / Section 306
Removal of school officers; withholding public money
Status: in_force

§ 306. Removal of school officers; withholding public money.  1.\nWhenever it shall be proved to his satisfaction that any trustee, member\nof a board of education, clerk, collector, treasurer, district\nsuperintendent, superintendent of schools or other school officer is a\nmember of an organization listed as subversive by the board of regents\npursuant to the provisions of section three thousand twenty-two of this\nchapter, or has been guilty of any wilful violation or neglect of duty\nunder this chapter, or any other act pertaining to common schools or\nother educational institution participating in state funds, or wilfully\ndisobeying any decision, order, rule or regulation of the regents or of\nthe commissioner of education, said commissioner, after a hearing at\nwhich the school officer shall have the right of representation by\ncounsel, may, by an order under his hand and seal, which order shall be\nrecorded in his office, remove such school officer from his office.\n  2. Said commissioner of education may also withhold from any district\nor city its share of the public money of the state for wilfully\ndisobeying any provision of law or any decision, order or regulation as\naforesaid.\n
N.Y. SOS Law § 44 — New York Code / Act SOS / Article 2-A / Title 1 / Section 44
General and administrative provisions
Status: in_force

§ 44. General and administrative provisions. 1. The department, in\nconsultation with the division of housing and community renewal, the\noffice of mental health and other appropriate agencies, shall issue and\npromulgate rules and regulations for the administration of this article.\nThe rules and regulations shall provide that state financial assistance\npursuant to this article will not be available unless an application has\nbeen filed by the municipality, not-for-profit corporation or subsidiary\nthereof, public corporation or charitable organization or subsidiary\nthereof with the department pursuant to a request for proposals issued\nby the commissioner. The rules and regulations shall include provisions\nconcerning eligibility of municipalities and contracting not-for-profit\ncorporations or subsidiaries thereof, public corporations and charitable\norganizations or subsidiaries thereof for state financial assistance;\nthe form of the applications for contracts; funding criteria and the\nfunding determination process; the form of the contracts; supervision\nand evaluation of the contracting municipalities or corporations;\nreporting, budgeting and record-keeping requirements; provisions for\nmodification, termination, extension and renewal of contracts; and such\nother matters not inconsistent with the purposes and provisions of this\narticle as the commissioner shall deem necessary, proper or appropriate.\n  2. The commissioner may provide that preference be given to contract\napplications that (a) involve other sources of funds (municipal, federal\nor any source other than the state), in-kind contributions made by such\nsources, or involve projects receiving state financial assistance\npursuant to chapters three hundred thirty-eight, three hundred\nthirty-nine and five hundred forty-nine of the laws of nineteen hundred\neighty-two, in order to maximize the effect of state financial\nassistance or (b) involve innovative and cost-effective homeless\nprojects that may help resolve the long-term problems of the homeless or\n(c) involve the rehabilitation of existing structures.\n  3. The commissioner shall, in consultation with the commissioner of\nhousing and community renewal, the commissioner of mental health and the\ncommissioners of other appropriate agencies, evaluate the need for\nhomeless projects in various areas of the state and among various\npopulations, including, but not limited to, homeless men, women,\nfamilies and runaway youth, and shall allocate funds, to the extent\npracticable, to meet these needs; provided, however, that no more than\nfifty per centum of the total amount appropriated pursuant to this\narticle in any fiscal year shall be allocated to contracts with any\nsingle municipality.\n  4. The department shall provide for the review, at periodic intervals,\nof the performance of the municipalities, not-for-profit corporations or\nsubsidiaries thereof, public corporations and charitable organizations\nor subsidiaries thereof receiving financial assistance pursuant to this\narticle. Such review shall, among other things, be for the purposes of\nascertaining conformity to contractual provisions, the financial\nintegrity and efficiency of the organizations and the evaluation of the\nproject. Contracts entered into pursuant to this article may be\nterminated by the commissioner upon a finding of substantial\nnonperformance or other breach by the organization of its obligations\nunder its contract with the municipality.\n  5. The commissioner shall require that all homeless projects that\nreceived financial assistance pursuant to this article shall comply with\nall regulations applicable to projects of this type promulgated by the\ndepartment, by the division of housing and community renewal and other\nmunicipal, state and federal regulations and laws. The commissioner may\nterminate any contract upon a finding that a substantial violation of\nsuch regulations or laws has remained uncorrected for a substantial\nperiod of time.\n  6. In order to further the purposes of this article, social services\ndistricts shall, in accordance with regulations promulgated by the\ndepartment, undertake such efforts as may be necessary and practicable\nto assist homeless persons apply for and obtain appropriate governmental\nassistance.\n  7. On or before February first, nineteen hundred eighty-four and on or\nbefore February first of each year thereafter in which contracts under\nthis section are in force, the commissioner shall submit to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly a report detailing progress and evaluating results, to date, of\nthe program.\n  8. Notwithstanding the provisions of any general or special law, the\ndirector of the budget is authorized to transfer to the homeless housing\nand assistance account funds otherwise appropriated or reappropriated to\nthe department of social services for the fiscal years beginning on and\nafter April one, nineteen hundred ninety, in an amount or amounts the\ndirector of the budget determines to be necessary to carry out the\nprovisions of the homeless housing and assistance program.\n
N.Y. EDN Law § 409-K — New York Code / Act EDN / Title 1 / Article 9 / Section 409-K
Pesticide alternatives
Status: in_force

§ 409-k. Pesticide alternatives. 1. For purposes of this section the\nfollowing terms shall have the meanings set forth below:\n  (a) "School" shall mean any public school district or private or\nparochial school or board of cooperative educational services.\n  (b) "Pesticide" shall have the same meaning as set forth in\nsubdivision thirty-five of section 33-0101 of the environmental\nconservation law, provided however that it shall not include:\n  (i) the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\n(2);\n  (ii) the use of an aerosol product with a directed spray, in\ncontainers of eighteen fluid ounces or less, when used to protect\nindividuals from an imminent threat from stinging and biting insects,\nincluding venomous spiders, bees, wasps and hornets;\n  (iii) the use of non-volatile insect or rodent bait in a tamper\nresistant container;\n  (iv) the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n  (v) the use of boric acid and disodium octaborate tetrahydrate; or\n  (vi) the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists.\n  2. No school shall apply pesticide to any playgrounds, turf, athletic\nor playing fields, except that an emergency application of a pesticide\nmay be made as determined by the county health department or for a\ncounty not having a health department such authority as the county\nlegislature shall designate, the commissioner of health or his or her\ndesignee, the commissioner of environmental conservation or his or her\ndesignee, or, in the case of a public school, the school board.\n
N.Y. GOB Law § 3-112 — New York Code / Act GOB / Article 3 / Title 1 / Section 3-112
Liability of parents and legal guardians having custody of an infant for certain damages caused by such infant
Status: in_force

§ 3-112. Liability of parents and legal guardians having custody of an\ninfant for certain damages caused by such infant.  1. The parent or\nlegal guardian, other than the state, a local social services department\nor a foster parent, of an infant over ten and less than eighteen years\nof age, shall be liable to any public officer, organization or\nauthority, having by law the care and/or custody of any public property\nof the state or of any political subdivision thereof, or to any private\nindividual or organization having by law the care, custody and/or\nownership of any private property, for damages caused by such infant,\nwhere such infant has willfully, maliciously, or unlawfully damaged,\ndefaced or destroyed such public or private property, whether real or\npersonal, or, where such infant, with intent to deprive the owner and/or\ncustodian of such property or to appropriate the same to himself or\nherself or to a third person, has knowingly entered or remained in a\nbuilding and has wrongfully taken, obtained or withheld such public or\nprivate personal property from such building which personal property is\nowned or maintained by the state or any political subdivision thereof or\nwhich is owned or maintained by any individual, organization or\nauthority, or where such infant has falsely reported an incident or\nplaced a false bomb as defined in section 240.50, subdivision one or two\nof section 240.55, section 240.60 or section 240.61 of the penal law.\nSuch public officer, organization or authority, or private individual or\norganization, as the case may be, may bring an action for civil damages\nin a court of competent jurisdiction for a judgment to recover such\ndamages from such parent or legal guardian other than the state or a\nlocal social services department or a foster parent. For the purposes of\nthis subdivision, damages for falsely reporting an incident or placing a\nfalse bomb shall mean the funds reasonably expended by a victim in\nresponding to such false report, as set forth in subdivision eleven of\nsection 60.27 of the penal law. In no event shall such damages portion\nof a judgment authorized by this section, as described in this\nsubdivision, exceed the sum of five thousand dollars.\n  2. Notwithstanding the provisions of subdivision one of this section,\nprior to the entering of a judgment under this section in the sum total\nof five hundred dollars or more, the court shall provide such parent or\nlegal guardian of such infant with an opportunity to make an application\nto the court based upon such parent's or legal guardian's financial\ninability to pay any portion or all of the amount of such sum total\nwhich is in excess of five hundred dollars, and upon the return date of\nsuch application, or any adjournment thereof, the court shall, in\nsummary fashion, hear and consider all evidence of financial hardship\npresented tending to establish the inability of such parent or legal\nguardian to pay any or all of the amount of the sum total in excess of\nfive hundred dollars, and the court shall render its decision as to such\nparty's inability to make such payment based upon a preponderance of the\nevidence presented. Upon a decision that such party has established his\nor her inability to make such payment, the court shall enter the\njudgment authorized by this section but in an amount within the\nfinancial capacity of such parent or legal guardian, provided, however,\nthat since the original of the sum total exceeded five hundred dollars,\nno such judgment shall be entered for an amount which is less than five\nhundred dollars.\n  3. It shall be a defense to an action brought under this section that\nrestitution has been paid pursuant to section seven hundred\nfifty-eight-a or 353.6 of the family court act, or paragraph (g) of\nsubdivision two of section 65.10 of the penal law.  It shall also be a\ndefense to an action brought under this section that such infant had\nvoluntarily and without good cause abandoned the home of the parent or\nguardian and without good cause refused to submit to the guidance and\ncontrol of the parent or guardian prior to and at the time of the\noccurrence of such damages or destruction.  In no event shall it be a\ndefense that the parent or legal guardian has exercised due diligent\nsupervision over the activities of such infant, provided, however, that\nin the interests of justice, the court may consider mitigating\ncircumstances that bear directly upon the actions of the parent or legal\nguardian in supervising such unemancipated infant.\n  4. For the purposes of this section the following definitions shall\napply:\n  a. The terms "enters or remains unlawfully" and "building" shall have\nthe same meaning as ascribed to such terms in section 140.00 of the\npenal law.\n  b. "Public officer, organization or authority" shall include but not\nbe limited to: those having by law the care and custody of a municipal\ndistrict or corporation; those having by law the care and custody of the\npublic property of the state or of any agency, department, board,\nbureau, commission, division, office, council, committee of the state,\nor of a public benefit corporation or public authority; and the board of\neducation or trustees of any city, union free or common school district\nor the city board of any New York City community school district.\n  c. "Private individual or organization" shall include, but not be\nlimited to: any individual, private or public corporation or partnership\nor sole proprietorship, organized church, synagogue or temple,\nnot-for-profit organization or corporation, cemetery corporation, or, if\nsuch liability is as a result of damage upon any cemetery plot or\nmausoleum, the next of kin of a person upon whose gravesite such damage\nor destruction occurred.\n
N.Y. PBH Law § 2510 — New York Code / Act PBH / Article 25 / Title 1-A / Section 2510
Definitions
Status: in_force

§ 2510. Definitions. For the purpose of this title, unless the context\nclearly requires otherwise:\n  1. "Applicant" means an eligible organization which submits a proposal\nunder subdivision six of section two thousand five hundred eleven of\nthis title.\n  1-a. "Applicant for insurance" means the person or persons applying\nfor insurance coverage for a child pursuant to this title.\n  2. "Approved organization" means an eligible organization approved by\nthe commissioner under subdivision seven of section two thousand five\nhundred eleven of this title to underwrite a child health insurance plan\nand an organization approved by the commissioner under subdivision\nseven-a of section two thousand five hundred eleven of this title.\n  3. "Eligible organization" means:\n  (a) a commercial insurer;\n  (b) a corporation or health maintenance organization licensed under\narticle forty-three of the insurance law;\n  (c) a health maintenance organization certified under article\nforty-four of this chapter; or\n  (d) a comprehensive health services plan operating pursuant to\nregulations  of the department of social services or the department of\nhealth.\n  4. "Eligible child" or "eligible children" means a person or persons\nunder the age of thirteen years for the period January first, nineteen\nhundred ninety-one through December thirty-first, nineteen hundred\nninety-three; born on or after June first, nineteen hundred eighty and\nunder the age of sixteen for a period commencing on or after January\nfirst, nineteen hundred ninety-four through December thirty-first,\nnineteen hundred ninety-six; and for a person or persons enrolled in the\nprogram on the day before they are sixteen years of age, under the age\nof seventeen for a period commencing on or after June first, nineteen\nhundred ninety-five through December thirty-first, nineteen hundred\nninety-six; and under the age of nineteen for periods commencing on or\nafter January first, nineteen hundred ninety-seven, who meets or meet\nthe criteria in section two thousand five hundred eleven of this title.\n  5. "Child health insurance plan" means the written undertaking of an\napproved organization to provide coverage for covered health care\nservices to eligible children under this title.\n  6. "Period of eligibility" means that period commencing on the first\nday of the month during which a child is an eligible child and enrolled\nor recertified for enrollment on an annual basis based on all required\ninformation and documentation and ending on the last day of the twelfth\nmonth following such date, provided, however:\n  (a) the period of eligibility for a child who ceases to be eligible\nbecause he or she no longer resides in New York state or has access to\nor obtained other health insurance coverage, as defined by the\ncommissioner in consultation with the superintendent pursuant to\nparagraph (c) of subdivision two of section twenty-five hundred eleven\nof this article, shall end the last day of the month in which the child\nceases to be an eligible child; and\n  (b) the period of eligibility for a child who becomes eligible for\nmedical assistance shall end the last day of the third month after the\nchild becomes eligible for medical assistance; and\n  (c) the period of eligibility for a child for whom an applicable\npremium payment has not been paid shall end in accordance with time\nframes and procedures determined by the commissioner.\n  (d) effective on or after March first, two thousand twenty-three\nthrough March thirty-first, two thousand twenty-seven, subject to\nextension under Title XXI of the federal social security act, the period\nof eligibility for pregnant individuals enrolled in the child health\ninsurance plan shall include twelve months postpartum coverage\ncommencing on the first day of the month following the last day of\npregnancy and ending on the last day of the month in which the\ntwelve-month postpartum period ends; provided, however, such postpartum\ncoverage may end prior to the end of the twelve-month period only under\nthe following circumstances: (i) the individual requests voluntary\ntermination; (ii) the individual ceases to be a state resident; (iii)\neligibility was determined incorrectly because of error, fraud, abuse,\nor perjury attributed to the individual; or (iv) the individual dies.\n  7. "Covered health care services" means: the services of physicians,\noptometrists, nurses, nurse practitioners, midwives and other related\nprofessional personnel which are provided on an outpatient basis,\nincluding routine well-child visits; diagnosis and treatment of illness\nand injury; inpatient health care services; laboratory tests; diagnostic\nx-rays; prescription and non-prescription drugs, ostomy and other\nmedical supplies and durable medical equipment; radiation therapy;\nchemotherapy; hemodialysis; outpatient blood clotting factor products\nand other treatments and services furnished in connection with the care\nof hemophilia and other blood clotting protein deficiencies; emergency\nroom services; ambulance services; hospice services; emergency,\npreventive and routine dental care, including orthodontia but excluding\ncosmetic surgery; emergency, preventive and routine vision care,\nincluding eyeglasses; speech and hearing services; inpatient and\noutpatient mental health, alcohol and substance abuse services,\nincluding children and family treatment and support services, children's\nhome and community based services, assertive community treatment\nservices and residential rehabilitation for youth services which shall\nbe reimbursed in accordance with the ambulatory patient group (APG)\nrate-setting methodology as utilized by the department of health, the\noffice of addiction services and supports, or the office of mental\nhealth for rate-setting purposes or any such other fees established\npursuant to article forty-three of the mental hygiene law; and\nhealth-related services provided by voluntary foster care agency health\nfacilities licensed pursuant to article twenty-nine-I of this chapter;\nas defined by the commissioner. "Covered health care services" shall not\ninclude drugs, procedures and supplies for the treatment of erectile\ndysfunction when provided to, or prescribed for use by, a person who is\nrequired to register as a sex offender pursuant to article six-C of the\ncorrection law, provided that any denial of coverage of such drugs,\nprocedures or supplies shall provide the patient with the means of\nobtaining additional information concerning both the denial and the\nmeans of challenging such denial.\n  8. "Subsidy payment" means a payment made to an approved organization\nfor the cost of covered health care services coverage to an eligible\nchild or children.\n  9. "Premium payment" means: a payment made on behalf of an eligible\nchild for enrollment in the child health insurance plan equal to:\n  (a) for periods prior to October first, nineteen hundred ninety-seven,\ntwenty-five dollars per year for each child, but no more than one\nhundred dollars per year per family; and\n  (b) for periods on or after October first, nineteen hundred\nninety-seven, amounts as follows:\n  (i) no payments are required for eligible children whose family net\nhousehold income is less than one hundred twenty-six percent of the\nnon-farm federal poverty level or the gross equivalent of such net\nincome;\n  (ii) nine dollars per month for each eligible child whose family net\nhousehold income is between one hundred twenty-six percent and one\nhundred thirty-two percent of the non-farm federal poverty level or the\ngross equivalent of such net income, but no more than thirty-six dollars\nper month per family; and\n  (iii) thirteen dollars per month for each eligible child whose family\nnet household income is between one hundred thirty-three percent and one\nhundred eighty-five percent of the non-farm federal poverty level or the\ngross equivalent of such net income, but no more than fifty-two dollars\nper month per family.\n  (c) for periods on or after January first, nineteen hundred\nninety-nine, amounts as follows:\n  (i) no payments are required for eligible children whose family net\nhousehold income is less than one hundred thirty-three percent of the\nnon-farm federal poverty level or the gross equivalent of such net\nincome and, effective August first, two thousand, no payments are\nrequired for eligible children who are American Indians or Alaskan\nNatives, as defined by the U.S. Department of Health and Human Services;\nand\n  (ii) nine dollars per month for each eligible child whose family net\nhousehold income is between one hundred thirty-three percent and one\nhundred eighty-five percent of the non-farm federal poverty level or the\ngross equivalent of such net income, but no more than twenty-seven\ndollars per month per family; and\n  (iv) effective September first, two thousand eight, twenty dollars per\nmonth for each eligible child whose family gross household income is\nbetween two hundred fifty-one percent and three hundred percent of the\nnon-farm federal poverty level, but no more than sixty dollars per month\nper family;\n  (v) effective September first, two thousand eight, thirty dollars per\nmonth for each eligible child whose family gross household income is\nbetween three hundred one percent and three hundred fifty percent of the\nnon-farm federal poverty level, but no more than ninety dollars per\nmonth per family; and\n  (vi) effective September first, two thousand eight, forty dollars per\nmonth for each eligible child whose family gross household income is\nbetween three hundred fifty-one percent and four hundred percent of the\nnon-farm federal poverty level, but no more than one hundred twenty\ndollars per month per family.\n  (d) for periods on or after July first, two thousand nine, amounts as\nfollows:\n  (i) no payments are required for eligible children whose family\nhousehold income is less than one hundred sixty percent of the non-farm\nfederal poverty level and for eligible children who are American Indians\nor Alaskan Natives, as defined by the U.S. Department of Health and\nHuman Services, whose family household income is less than two hundred\nfifty-one percent of the non-farm federal poverty level; and\n  (ii) nine dollars per month for each eligible child whose family\nhousehold income is between one hundred sixty percent and two hundred\ntwenty-two percent of the non-farm federal poverty level, but no more\nthan twenty-seven dollars per month per family; and\n  (iii) fifteen dollars per month for each eligible child whose family\nhousehold income is between two hundred twenty-three percent and two\nhundred fifty percent of the non-farm federal poverty level, but no more\nthan forty-five dollars per month per family; and\n  (iv) thirty dollars per month for each eligible child whose family\nhousehold income is between two hundred fifty-one percent and three\nhundred percent of the non-farm federal poverty level, but no more than\nninety dollars per month per family;\n  (v) forty-five dollars per month for each eligible child whose family\nhousehold income is between three hundred one percent and three hundred\nfifty percent of the non-farm federal poverty level, but no more than\none hundred thirty-five dollars per month per family; and\n  (vi) sixty dollars per month for each eligible child whose family\nhousehold income is between three hundred fifty-one percent and four\nhundred percent of the non-farm federal poverty level, but no more than\none hundred eighty dollars per month per family.\n  (e) for periods on or after October first, two thousand twenty-two,\namounts as follows:\n  (i) no payments are required for eligible children whose family\nhousehold income is less than two hundred twenty-three percent of the\nnon-farm federal poverty level and for eligible children who are\nAmerican Indians or Alaskan Natives, as defined by the United States\ndepartment of health and human services, whose family household income\nis less than two hundred fifty-one percent of the non-farm federal\npoverty level; and\n  (ii) fifteen dollars per month for each eligible child whose family\nhousehold income is between two hundred twenty-three percent and two\nhundred fifty percent of the non-farm federal poverty level, but no more\nthan forty-five dollars per month per family; and\n  (iii) thirty dollars per month for each eligible child whose family\nhousehold income is between two hundred fifty-one percent and three\nhundred percent of the non-farm federal poverty level, but no more than\nninety dollars per month per family; and\n  (iv) forty-five dollars per month for each eligible child whose family\nhousehold income is between three hundred one percent and three hundred\nfifty percent of the non-farm federal poverty level, but no more than\none hundred thirty-five dollars per month per family; and\n  (v) sixty dollars per month for each eligible child whose family\nhousehold income is between three hundred fifty-one percent and four\nhundred percent of the non-farm federal poverty level, but no more than\none hundred eighty dollars per month per family.\n  10. "Superintendent" means the superintendent of financial services.\n  11. "Inpatient health care services" means: inpatient hospital\nservices provided by a general hospital, as defined in article\ntwenty-eight of this chapter, a facility operated by the office of\nmental health under section 7.17 of the mental hygiene law, a facility\nissued an operating certificate pursuant to the provisions of article\ntwenty-three or thirty-one of the mental hygiene law and services\nprovided by physicians and other professional personnel on an inpatient\nbasis for covered inpatient services; as defined by the commissioner in\nconsultation with the superintendent.\n  12. "Group health plan" or "health insurance coverage" shall have the\nsame meanings as set forth in section twenty-one hundred ten of the\nfederal social security act.\n  13. "Household income" means the sum of the modified adjusted gross\nincome of every individual included in a child's household calculated in\naccordance with applicable federal law and regulations, as may be\namended.\n  14. "State enrollment center" means the centralized system and\noperation of eligibility determinations by the state or its contractor\nfor all insurance affordability programs, including the child health\ninsurance program established pursuant to this title.\n  15. "Insurance affordability programs" means those programs set forth\nin section 435.4 of title 42 of the code of federal regulations.\n
N.Y. PBA Law § 1001-A — New York Code / Act PBA / Article 5 / Title 1 / Section 1001-A
Emergency provisions for the metropolitan area of the city of New York
Status: in_force

§ 1001-a. Emergency provisions for the metropolitan area of the city\nof New York. The legislature hereby finds and declares that\nextraordinary circumstances, including excessive costs, shortages of\nsupply, and the inflated price of fuel threaten the capacity to provide\nutility service essential to the continued safety, health, prosperity\nand well-being of the people of the metropolitan area of the city of New\nYork and, by reason of the interconnection and interdependence of\nelectric facilities, the reliability of such service throughout the\nstate and require emergency action by the state and its agencies. It is\ntherefore declared that:\n  1. To preserve reliability of electric service in the metropolitan\narea of the city of New York and throughout the state and to assist in\ndeterring further extraordinary increases in rates for electric service\nthe authority should provide such supplemental electricity for such use\nin the metropolitan area of the city of New York as is consistent with\ncontinuing and maintaining the exemption of interest on authority bonds\nfrom the income tax imposed by the Internal Revenue Code of the United\nStates and regulations and ruling thereunder.\n  2. It is essential that such electricity be provided at the earliest\npracticable time.\n  3. The authority should be authorized to acquire completed or\npartially completed generation, transmission and related facilities and\nfuel and fuel contracts.\n  4. Any cost savings realized in the production or delivery of\nelectricity by reason of any such acquisition by the authority shall be\npassed on to consumers.\n
N.Y. PBH Law § 2501 — New York Code / Act PBH / Article 25 / Title 1 / Section 2501
Health and welfare services to all children; duty of local boards
Status: in_force

§ 2501. Health and welfare services to all children; duty of local\nboards.  1. The local board of health or similar health authority of\neach local health district shall provide children who attend schools\nother than public with all or any of the health and welfare services and\nfacilities, including but not limited to health, surgical, medical,\ndental and therapeutic care and treatment and corrective aids and\nappliances, authorized by law and now granted or hereafter made\navailable by such local board of health or similar health authority for\nor to children in the public schools in so far as these services and\nfacilities may be requested by the authorities of the schools other than\npublic.\n  2. Any services or facilities provided pursuant to the provisions of\nthis section shall be so provided notwithstanding any provision of any\ncharter or other provision of law inconsistent herewith.\n
N.Y. PBA Law § 1020-L — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-L
State and municipalities not liable on bonds or notes
Status: in_force

* § 1020-l. State and municipalities not liable on bonds or notes. The\nbonds, notes and other obligations of the authority shall not be a debt\nof the state or of any municipality, and neither the state nor any\nmunicipality shall be liable thereon. The authority shall not have the\npower to pledge the credit, the revenues or the taxing power of the\nstate or of any municipality, and neither the credit, the revenues nor\nthe taxing power of the state or of any municipality shall be, or shall\nbe deemed to be, pledged to the payment of any bonds, notes or other\nobligations of the authority. Each evidence of indebtedness of the\nauthority, including the bonds and notes of the authority, shall contain\na clear and explicit statement of the provisions of this section.\n  * NB There are 2 § 1020-l's\n
N.Y. SOS Law § 393 — New York Code / Act SOS / Article 6 / Title 1 / Section 393
Court review of placement in a qualified residential treatment program
Status: in_force

* § 393. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nchild is placed on or after September twenty-ninth, two thousand\ntwenty-one and resides in a qualified residential treatment program, as\ndefined in section four hundred nine-h of this article, and whose care\nand custody were transferred to the commissioner of a local social\nservices district in accordance with section three hundred fifty-eight-a\nof this chapter, or whose custody and guardianship were transferred to\nthe commissioner of a local social services district in accordance with\nsection three hundred eighty-three-c, or three hundred eighty-four-b of\nthis title.\n  2. (a) Within sixty days of the start of a placement of a child\nreferenced in subdivision one of this section in a qualified residential\ntreatment program, the court shall:\n  (i) Consider the assessment, determination, and documentation made by\nthe qualified individual pursuant to section four hundred nine-h of this\narticle;\n  (ii) Determine whether the needs of the child can be met through\nplacement in a foster family home and, if not, whether placement of the\nchild in a qualified residential treatment program provides the most\neffective and appropriate level of care for the child in the least\nrestrictive environment and whether that placement is consistent with\nthe short-term and long-term goals for the child, as specified in the\nchild's permanency plan; and\n  (iii) Approve or disapprove the placement of the child in a qualified\nresidential treatment program. Provided that, where the qualified\nindividual determines that the placement of the child in a qualified\nresidential treatment program is not appropriate in accordance with the\nassessment required pursuant to section four hundred nine-h of this\narticle, the court may only approve the placement of the child in the\nqualified residential treatment program if:\n  (A) the court finds, and states in the written order that:\n  (1) circumstances exist that necessitate the continued placement of\nthe child in the qualified residential treatment program;\n  (2) there is not an alternative setting available that can meet the\nchild's needs in a less restrictive environment; and\n  (3) that continued placement in the qualified residential treatment\nprogram is in the child's best interest; and\n  (B) the court's written order states the specific reasons why the\ncourt has made the findings required pursuant to clause (A) of this\nsubparagraph.\n  (iv) Nothing herein shall prohibit the court from considering other\nrelevant and necessary information to make a determination.\n  (b) At the conclusion of the review, if the court disapproves\nplacement of the child in a qualified residential treatment program the\ncourt shall, on its own motion, determine a schedule for the return of\nthe child and direct the local social services district to make such\nother arrangements for the child's care and welfare that is in the best\ninterest of the child and in the most effective and least restrictive\nsetting as the facts of the case may require. If a new placement order\nis necessary due to restrictions in the existing governing placement\norder, the court may issue a new order.\n  3. The court may, on its own motion, or the motion of any of the\nparties or the attorney for the child, proceed with the court review\nrequired pursuant to this section on the basis of the written records\nreceived and without a hearing. Provided however, the court may only\nproceed with the court review without a hearing pursuant to this\nsubdivision upon the consent of all parties. Provided further, in the\nevent that the court conducts the court review requirement pursuant to\nthis section but does not conduct it in a hearing, the court shall issue\na written order specifying any determinations made pursuant to clause\n(A) of subparagraph (iii) of paragraph (a) of subdivision two of this\nsection and provide such written order to the parties and the attorney\nfor the child expeditiously, but no later than five days.\n  4. Documentation of the court's determination pursuant to this section\nshall be recorded in the child's case record.\n  5. Nothing in this section shall prohibit the court's review of a\nplacement in a qualified residential treatment program from occurring at\nthe same time as another hearing scheduled for such child, including but\nnot limited to the child's permanency hearing, provided such approval is\ncompleted within sixty days of the start of such placement.\n  * NB There are 2 § 393's\n
N.Y. PBG Law § 402-A — New York Code / Act PBG / Article 13 / Title 1 / Section 402-A
Defense and indemnification in civil actions against employees of the New York city housing authority
Status: in_force

§ 402-a. Defense and indemnification in civil actions against\nemployees of the New York city housing authority.  1. As used in this\nsection, the term "employee" shall mean the members, including the\nchairman of the New York city housing authority appointed by the mayor\nof the city of New York, officers, employees, or a former employee, his\nor her estate or judicially appointed personal representative. The term\n"employee" shall not include an independent contractor.\n  2. At the request of the employee, and upon compliance by the employee\nwith the provisions of this section, the New York city housing authority\nshall provide for the defense of an employee in any civil action or\nproceeding in any state or federal court, arising out of any alleged act\nor omission which the New York city housing authority finds occurred\nwhile the employee was acting within the scope of his or her public\nemployment and in the discharge of his or her public duties and was not\nin violation of any rule or regulation of the New York city housing\nauthority at the time the alleged act or omission occurred. This duty to\nprovide for a defense and indemnification shall not arise where such\ncivil action or proceeding is brought by or on behalf of the New York\ncity housing authority against the employee. A member of the New York\ncity housing authority police force, when within the geographical limits\nof his or her jurisdiction, although excused from official duty at the\ntime, for the purposes of this section, shall be deemed to be acting in\nthe discharge of duty when engaged in the immediate and actual\nperformance of a public duty imposed by law and such public duty\nperformed was for the benefit of all the citizens of the community, and\nthe New York city housing authority derived no special benefit in its\ncorporate capacity.\n  3. The New York city housing authority shall indemnify and save\nharmless its employees in the amount of any civil judgment obtained\nagainst such employees in any state or federal court, or in the amount\nof any settlement of a claim approved by the New York city housing\nauthority provided that the act or omission from which such judgment or\nsettlement arose occurred while the employee was acting within the scope\nof his or her public employment and in the discharge of his or her\npublic duties and was not in violation of any rule or regulation of the\nNew York city housing authority at the time the alleged damages were\nsustained.\n  4. The duty to indemnify and save harmless prescribed by this section\nshall not arise where the injury or damage resulted from an intentional\nwrongdoing, or recklessness on the part of the employee.\n  5. Nothing in this section shall authorize the New York city housing\nauthority to indemnify or save harmless an employee with respect to\npunitive or exemplary damages, fines or penalties.\n  6. The duty to defend and indemnify and save harmless prescribed by\nthis section shall be conditioned upon (i) delivery by the employee to\nthe chairman, general manager or general counsel of the New York city\nhousing authority at the office of the New York city housing authority\nof the original or a copy of any summons, complaint, claim, process,\nnotice, demand or pleading within ten days after the employee is served\nwith such document, and (ii) the full cooperation of the employee in the\ndefense of such action or proceeding and in defense of any action or\nproceeding against the New York city housing authority based upon the\nsame act or omission, and in the prosecution of any appeal. Such\ndelivery shall be deemed a request by the employee that the New York\ncity housing authority provide for his or her defense pursuant to this\nsection. In the event that the New York city housing authority shall\nassume an employee's defense and thereafter the employee fails or\nrefuses to cooperate in the formation or presentation of his or her\ndefense, the court shall permit the New York city housing authority to\nwithdraw its representation ten days after giving written notice to the\nemployee of its intention to discontinue such representation.\n  7. In the event that the act or omission upon which the court\nproceeding against the employee is based was or is also the basis of a\ndisciplinary proceeding by the New York city housing authority against\nthe employee, representation and indemnification by the New York city\nhousing authority, as set forth in this section, may be withheld (i)\nuntil such disciplinary proceeding has been resolved and (ii) unless the\nresolution of the disciplinary proceeding exonerated the employee as to\nsuch act or omission.\n  8. Subject to the conditions set forth in this section, the employee\nshall be entitled to representation by the general counsel of the New\nYork city housing authority or by any attorney or attorneys designated\nby the general counsel, provided, however, that the employee shall be\nentitled to be represented by private counsel of his or her choice in\nany civil action or proceeding whenever the New York city housing\nauthority determines that representation would be inappropriate, or\nwhenever a court, upon appropriate motion or otherwise by a special\nproceeding, determines that a conflict of interest exists and that the\nemployee is entitled to be represented by private counsel of the\nemployee's choice. The general counsel of the New York city housing\nauthority shall notify the employee in writing of such determination\nthat the employee is entitled to be represented by private counsel.\nProvided, however, that the New York city housing authority may require,\nas a condition to payment of the fees and expenses of such\nrepresentation, that appropriate groups of such employees be represented\nby the same counsel.  Reasonable attorneys' fees and litigation expenses\nshall be paid by the New York city housing authority to such private\ncounsel from time to time during the pendency of the civil action or\nproceeding.\n  9. Any dispute with respect to representation of multiple employees by\na single counsel or the reasonableness of attorneys' fees or the amount\nof litigation expenses shall be resolved by the court upon motion or by\nway of a special proceeding.\n  10. The benefits of this section shall inure only to employees as\ndefined herein and shall not enlarge or diminish the rights of any other\nparty nor shall any provision of this section be construed to affect,\nalter or repeal any provision of the workers' compensation law.\n  11. The provisions of this section shall not be construed in any way\nto impair, alter, limit or modify the rights and obligations of any\ninsurer under any policy of insurance.\n  12. Except as otherwise specifically provided in this section, the\nprovisions of this section shall not be construed in any way to impair,\nalter, limit, modify, abrogate or restrict any immunity available to or\nconferred upon any unit, entity, member, officer or employee of the New\nYork city housing authority, or any right to defense and/or\nindemnification provided for any member, officer or employee by, in\naccordance with, or by reason of, any other provision of state, federal\nor local law or common law.\n  13. Every action or proceeding instituted pursuant to the provisions\nof this section shall be commenced pursuant to section one hundred\nfifty-seven of this chapter and within one year and ninety days. No\naction or proceeding instituted pursuant to the provisions of this\nsection shall be prosecuted or maintained against the New York city\nhousing authority, or an officer or employee thereof, unless notice of\nclaim or demand shall have been made and served upon the New York city\nhousing authority in compliance with section one hundred fifty-seven of\nthis chapter and within ninety days after the claim arises.\n  14. If any provision of this section or the application thereof to any\nperson or circumstance be held unconstitutional or invalid, in whole or\nin part by any court, such holding of unconstitutionality or invalidity\nshall in no way affect or impair any other provision of this section or\nthe application of any such provision to any other person or\ncircumstance.\n  15. The provisions of this section shall apply to the actions and\nproceedings set forth herein notwithstanding any inconsistent provisions\nof state or local law.\n
N.Y. PBH Law § 2500-D — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-D
New York state poison control network
Status: in_force

§ 2500-d. New York state poison control network. 1. For the purposes\nof reducing the incidence, severity and expenditures for accidental,\nhomicidal, suicidal or environmental poisoning; educating the public\nconcerning the prevention and treatment of hazardous exposures; and\norganizing poison control activities on a regional basis in order to\navoid duplication and waste, the commissioner shall designate facilities\nwithin the state as regional poison control centers.\n  2. The commissioner shall consider the following criteria in\ndesignating regional poison control centers: compliance or expected\ncompliance with state poison control standards; location in relation to\nthe geographical distribution of persons to be served; the need for\nexpanded poison control services in the area to be served by the\nprovider; whether the facility is presently providing poison control\nservices; and the capacity of such providers to deliver and coordinate\npoison prevention information and  poison treatment to the general\npublic.\n  3. The commissioner shall establish minimum standards for designation\nas a regional poison control center. Such standards shall include:\n  a. services to be provided which may include:\n  (i) dissemination of expert information and consultation services to\nprofessional personnel on the diagnosis, treatment, and management of\nany suspected or actual poisonings;\n  (ii) dissemination of information, emergency first aid, and referral\nservices to the general public;\n  (iii) coordination, assurance and monitoring of poison prevention and\nmedical management programs for the professional community and the\ngeneral public in the region it serves; and\n  (iv) collection of uniform data and research activity to enhance\npoison control management;\n  b. staffing requirements including the number, qualifications and\ntraining of personnel;\n  c. operational requirements including availability of and access to\nservices and informational resources, public and professional education,\nand protocols;\n  d. comprehensive treatment capabilities and a categorized system of\ntreatment facilities for the region;\n  e. health professional outreach program; and\n  f. regional data collection system including a method of insuring the\nconfidentiality of such data as is otherwise required by law.\n  4. The department shall make an annual report to the legislature of\nits findings and recommendations concerning the effectiveness, impact\nand benefits derived from the programs as established pursuant to this\nsection. Such report shall be submitted on or before the first day of\nFebruary and shall contain evaluations of such programs.\n  5. The commissioner shall appoint a committee to advise the department\non matters pertaining to poison prevention and control. Membership on\nsuch committee shall include directors of regional poison control\ncenters, consumers, industrial representatives, and representatives of\nstate and federal agencies involved in poison safety.\n  6. A general hospital which is designated as a regional poison control\ncenter shall submit a budget indicating the costs of operating such\ncenter. Costs determined by the commissioner to be necessary and\nreasonable in order to comply with the requirements of this section\nshall be reimbursable and shall be allocated to costs of general\nhospital emergency services. Such reimbursable costs for a rate period\nshall be considered in the calculation of rates of payment for emergency\nservices of a general hospital for such rate period in accordance with\nsubdivision two of section twenty-eight hundred seven of this chapter\nwithout application of the maximum payment for the operating cost\ncomponent of rates of payment for emergency services. Notwithstanding\nany inconsistent provision of law, reimbursable costs of a general\nhospital of operating a regional poison control center determined\npursuant to this subdivision for annual rate periods beginning on or\nafter January first, nineteen hundred ninety-one through December\nthirty-first, nineteen hundred ninety-six allocable to emergency\nservices provided to persons within such payor categories as specified\nin paragraphs (a), (b) and (c) of subdivision one of section\ntwenty-eight hundred seven-c of this chapter for inpatient hospital\nservices, excluding governmental agencies, shall be included in the\ndetermination of inpatient rates of payment for such payors, excluding\ngovernmental agencies, and rates of payment determined in accordance\nwith section twenty-eight hundred seven-c of this chapter shall be\nadjusted on a hospital-specific basis in accordance with rules and\nregulations adopted by the state hospital review and planning council,\nsubject to the approval of the commissioner, to reflect such costs and\nmaximum inpatient charges of such general hospital computed in\naccordance with such section shall be adjusted accordingly; and cost\nbased rates of payment for emergency services for such payors, other\nthan governmental agencies, shall be calculated excluding costs of\noperating a regional poison control center.\n  7. Notwithstanding any inconsistent provision of law to the contrary,\nthe commissioner is authorized  to make grants, within amounts available\ntherefor, to general hospitals designated as regional poison control\ncenters to assist such general hospitals to meet reasonable costs of\noperation of the regional poison control center.\n
N.Y. ENV Law § 57-0113 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0113
Duties of the council
Status: in_force

§ 57-0113. Duties of the council.\n  The council shall have the following powers and duties:\n  1. to conduct scientific and environmental studies;\n  2. to review and approve proposed dedications of lands to the Long\nIsland Pine Barrens maritime preserve and recommend additional\ndedications to such maritime preserve;\n  3. to utilize to the extent feasible, the staff and facilities of\nstate agencies, subject to the approval of the director of the budget,\nand local agencies to carry out the provisions of this title;\n  4. to hold public hearings;\n  5. to contract within amounts appropriated for or otherwise available\nfor professional and technical assistance or advice;\n  6. to meet not less than once every two months and to encourage the\nattendance at such meetings of representatives of local governments and\ninterested parties affected by the deliberations of the council;\n  7. to send copies of the minutes of each meeting to each town and\nvillage within the Long Island Pine Barrens maritime reserve, the\nmembers of the assembly and senators representing such area and any\nother interested party upon request;\n  8. to encourage individuals, corporations, associations and public\nentities to protect and preserve the unique resources of the reserve\nincluding the preserve; and\n  9. to contract for and to accept assistance, including but not limited\nto gifts, easements or loans of funds or real property or personal\nproperty from the federal government or any agency or instrumentality\nthereof, or from any agency or instrumentality of the state, or from any\nother public or private source and to comply, subject to the provisions\nof this title, with the terms and conditions thereof, subject to the\napproval of the division of the budget. Notwithstanding the provisions\nof section eleven of the state finance law, the commission may accept\ngifts, grants, devises and bequests, whether conditional or\nunconditional, with the approval of the director of the budget.\n
N.Y. EDN Law § 352-A — New York Code / Act EDN / Title 1 / Article 8 / Section 352-A
Maritime college; admissions program
Status: in_force

§ 352-a. Maritime college; admissions program. 1. There shall be\ncreated an admissions program for the state university of New York\nmaritime college as established pursuant to section three hundred\nfifty-two of this article in which certain elected officials shall\nnominate students for placement in such college's regimental/cadet\ndegree system.\n  2. (a) Maritime college shall have a total of two hundred eighty-four\nvacancy positions set aside for applicants who are nominated by the\ngovernor, a state senator or a member of the assembly. Such vacancy\nnominations shall increase or decrease based upon the number of senate\ndistricts authorized pursuant to article three of the New York state\nconstitution. An applicant who receives such a nomination, is accepted\nfor admission into the college and participates in the regimental\nprogram shall receive a scholarship equal to the amount of the state\ntuition charge after the deduction of any available grant aid for the\nfour consecutive years following his or her admission into the program\nprovided, however, that the student remains in the regimental/cadet\ndegree program and remains at all times in good academic standing as\ndetermined by the maritime college administration. In no event shall a\nstudent lose his or her scholarship based upon legislative\nreapportionment or changes in legislative composition or membership.\nNothing herein shall be construed to limit or reduce the number of\nvacancies available to the general population.\n  (b) To be eligible to receive such nomination and scholarship, the\napplicant must be a resident of the state. For purposes of this section,\na state resident shall be defined as a person who has resided in the\nstate of New York for a period of at least one year prior to the time of\nnomination, is a graduate or within one year of graduation from an\napproved high school or has attained a New York state high school\nequivalency diploma or its equivalent as determined by the commissioner.\n  3. The vacancy nominations shall be distributed as follows: five for\nthe governor, five for the majority leader of the senate, five for the\nspeaker of the assembly, two for each state senator other than the\nmajority leader of the senate and one for each member of the assembly\nother than the speaker of the assembly. The governor and each member of\nthe legislature shall provide one principal and three alternative\nnominations for consideration for admission. Final admission decisions\nshall remain with the college and within administrative procedures and\ncriteria.\n  4. The state university of New York shall provide annually by the\nfirst day of July and upon request of the chairperson of the senate\nhigher education committee or the chairperson of the assembly higher\neducation committee a report detailing the total vacancies filled, the\ntotal vacancies expected for the upcoming academic year, what vacancies\neach elected official is expected to have pursuant to the provisions of\nsubdivision three of this section and a summary of the previous year's\ntotal student enrollment and participation in the program.\n  5. The scholarships authorized by this section shall be made available\nso long as funds are made available for such purposes.\n  6. Any individual receiving a scholarship pursuant to this section\nshall apply for all other available state, federal, or other educational\ngrant aid at the time of enrollment. Any grant aid or financial\nassistance received shall be utilized to offset the cost of tuition and\nthe "Summer Sea Term" to the maximum extent possible, except that\nnothing shall require that aid or assistance received which may be used\ntowards costs other than that of tuition shall be applied toward the\ncost of tuition.\n  7. The state university of New York is hereby authorized to promulgate\nany rules and regulations necessary for the implementation of the\nprovisions of this section.\n
N.Y. EDN Law § 247 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 247
State law library; legislative reference library
Status: in_force

§ 247. State law library; legislative reference library.  The state\nlaw library and the legislative reference library shall be parts of the\nNew York state library under the same government and regulations and\nshall be open for consultation to every citizen of the state at all\nhours when the state library is open and the law library shall be\navailable for borrowing books to every duly admitted attorney residing\nin the state of New York, who shall conform to the rules made by the\nregents for insuring proper protection and the largest usefulness to the\npeople of the said law library.\n
N.Y. VAT Law § 125-A — New York Code / Act VAT / Title 1 / Article 1 / Section 125-A
Off-highway motorcycle
Status: in_force

§ 125-a. Off-highway motorcycle. Off-highway motorcycle is a\nmotorcycle which is not equipped in conformity with the provisions of\nsection three hundred eighty-one of this chapter, would not, if properly\nequipped, qualify as a limited use motorcycle, and which is manufactured\nand sold for operation primarily on off-highway trails or in off-highway\ncompetitions and only incidentally operated on public highways.\n
N.Y. PBH Law § 304 — New York Code / Act PBH / Article 3 / Title 1 / Section 304
Local boards of health; town boards; jurisdiction; appropriations
Status: in_force

§ 304. Local boards of health; town boards; jurisdiction;\nappropriations.  A town board of health shall not have jurisdiction over\nany city or incorporated village or part of such city or village in such\ntown unless otherwise provided by law. Appropriations for a town board\nof health in a town in which there are one or more incorporated villages\nshall be a charge upon the taxable property of that part of the town\noutside of any incorporated village and shall be assessed, levied and\ncollected therefrom in the same manner as other town charges levied on\nproperty outside of incorporated villages.\n
N.Y. SOS Law § 131-G — New York Code / Act SOS / Article 5 / Title 1 / Section 131-G
Authority to accept public and private gifts
Status: in_force

§ 131-g.  Authority to accept public and private gifts.  The\ndepartment or a social services district shall have the power to apply\nfor, accept, receive and expend public and private gifts or grants of\nmoney, property or services for any purpose provided for by this\nchapter.\n
N.Y. ELN Law § 17-104 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-104
False registration
Status: in_force

§ 17-104. False registration. Any person who:\n  1. Registers or attempts to register as an elector in more than one\nelection district for the same election, or more than once in the same\nelection district; or,\n  2. Registers or attempts to register as an elector, knowing that he\nwill not be a qualified voter in the district at the election for which\nsuch registration is made; or\n  3. Registers or attempts to register as an elector under any name but\nhis own; or\n  4. Knowingly gives a false residence within the election district when\nregistering as an elector; or\n  5. Knowingly permits, aids, assists, abets, procures, commands or\nadvises another to commit any such act, is guilty of a felony.\n