N.Y. SOS Law § 369-AA — New York Code / Act SOS / Article 5 / Title 11-C / Section 369-AA
Definitions
Status: in_force

§ 369-aa. Definitions. In this article:\n  1. "Drug utilization review or (DUR)" shall mean the program designed\nto measure and to assess on a retrospective and a prospective basis the\nproper use of outpatient drugs in the medicaid program. Such program\nshall be in addition to the activities of the department with respect to\nthe detection of fraud and abuse in the medical assistance program, the\nsanctioning of providers determined to have engaged in unacceptable\npractices under the medical assistance program, and the recovery of\noverpayments of medical assistance made to providers under the medical\nassistance program.\n  2. "Board" shall mean the drug utilization review board created under\nthis title.\n  3. "Intervention" shall mean a form of communication utilized by the\nDUR board with a prescriber or pharmacist to inform about or to\ninfluence prescribing or dispensing practices.\n  4. "SURS" shall mean the surveillance utilization review system of\nmedicaid.\n  5. "Retrospective DUR" shall mean that part of the drug utilization\nreview program that assesses or measures drug use based on an historical\nreview of drug use data against predetermined and explicit criteria and\nstandards on an ongoing basis with professional input.\n  6. "Prospective DUR" shall mean that part of the drug utilization\nreview program that is to occur before the drug is dispensed that is\ndesigned to screen for potential drug therapy problems based on explicit\nand predetermined standards.\n  7. "Criteria" shall mean those predetermined and explicitly accepted\nelements that are used to measure drug use on an ongoing basis to\ndetermine if the use is appropriate, medically necessary, and not likely\nto result in adverse medical outcomes.\n  8. "Compendia" shall mean those resources widely accepted by the\nmedical profession in the efficacious use of drugs which is based on,\nbut not limited to, these sources: "American Hospital Formulary Services\nDrug Information," "U.S. Pharmacopeia - Drug Information," "AMA Drug\nEvaluations," the peer-reviewed medical literature, and information\nprovided from the manufacturers of drug products.\n  9. "Standards" shall mean the acceptable range of deviation from the\ncriteria that reflects appropriate medical practice and that is tested\non the medicaid recipient database.\n  10. "Therapeutic duplication" shall mean the prescribing and\ndispensing of the same drug or of two or more drugs from the same\ntherapeutic class where overlapping time periods of drug administration\nare involved and where such prescribing or dispensing is not medically\nindicated.\n  11. "Drug-disease contraindications" shall mean the occurrence where\nthe therapeutic effect of a drug is adversely altered by the presence of\nanother disease condition.\n  12. "Drug-interactions" shall mean the occurrence where two or more\ndrugs taken by a recipient lead to clinically significant toxicity that\nis characteristic of one or any of the drugs present or that leads to\nthe interference with the effectiveness of one or any of the drugs.\n  13. "Therapeutic appropriateness" shall mean drug prescribing and\ndispensing based on rational drug therapy that is consistent with\ncriteria and standards of the compendia.\n  14. "Overutilization or underutilization" shall mean the use of a drug\nin such quantities where the desired therapeutic goal is not achieved.\n  15. "Appropriate and medically necessary" shall mean drug prescribing\nand dispensing and patient medication usage in conformity with the\ncriteria and standards developed under this chapter.\n  16. "Step therapy" shall mean the practice of beginning drug therapy\nfor a medical condition with the most medically appropriate and cost\neffective therapy and progressing to other drugs as medically necessary.\n
N.Y. SOS Law § 364-H — New York Code / Act SOS / Article 5 / Title 11 / Section 364-H
Foster family care demonstration programs for elderly or disabled persons
Status: in_force

* § 364-h. Foster family care demonstration programs for elderly or\ndisabled persons. 1. The department is authorized to designate up to ten\nentities which may include general hospitals, residential health care\nfacilities, home health care programs, and long term home health care\nprograms for the purpose of testing whether foster family care programs\nfor certain elderly or disabled persons can be appropriate alternatives\nto institutional placement in those instances where such individuals do\nnot have a home or the necessary resources or family support to live in\nthe community.\n  2. A hospital, facility, or program designated as a foster family care\ndemonstration program shall perform the following functions:\n  (a) recruitment, selection and training of families to serve as foster\nfamilies;\n  (b) selection of those elderly or disabled persons who will receive\nfoster family care services under the demonstration project authorized\nherein, and assessment of their needs;\n  (c) provision of or arrangement for necessary medical services; and\n  (d) monitoring the care being received by the person in the foster\nfamily care home, and assessing the continuing viability of placement in\nsuch home.\n  3. Persons eligible to participate in the foster family care\ndemonstration programs authorized by this section shall be:\n  (a) medically eligible for placement in a skilled nursing facility or\na health related facility or eligible for home care services;\n  (b) capable of being cared for in the community if a suitable home\nenvironment and medical support services are provided; and\n  (c) lacking the home, resources or family support to live in the\ncommunity.\n  4. Families who participate in the foster family care demonstration\nprogram shall be willing and able to provide:\n  (a) room and board;\n  (b) supervision of or assistance with the activities of daily living;\nand\n  (c) personal care and other related services which may be necessary to\nmaintain the person in the community.\n  5. In designating a hospital, facility, or program to provide a foster\nfamily care program, the department shall be satisfied as to the\ncost-effectiveness of the proposal as compared to institutional long\nterm care.\n  6. The commissioner may waive the provisions of titles one and two of\narticle seven of this chapter and regulations of the department relative\nthereto as necessary to implement the provisions of this section;\nprovided, however, the commissioner shall be satisfied that the health,\nsafety and welfare of persons participating in the foster care programs\nare not affected negatively by such waivers.\n  7. This section shall not be interpreted to restrict a medical\nassistance recipient's choice of provider of services to which he is\nentitled pursuant to this title or to authorize any change in the\neligibility criteria for medical assistance.\n  8. A medical assistance recipient may discontinue participation in a\nfoster family care demonstration program at any time.\n  9. The department shall utilize all potential sources of funding for\nsuch foster family care programs including, but not limited to, funding\navailable through titles sixteen, eighteen, nineteen and twenty of the\nfederal social security act and the federal older Americans act of 1965,\nas amended. Services provided as part of a foster family care program\nand related administrative expenses not otherwise eligible for coverage\nunder these or other funding sources shall be eligible for reimbursement\nunder the medical assistance program for the purposes of this\ndemonstration as long as federal financial participation is available.\nThe department shall take all steps necessary to secure such funding\nincluding the submission of applicable waivers. Copies of waiver\nsubmissions shall be provided to the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee.\n  10. The department, in consultation with the department of health and\nthe office for the aging, shall provide an interim report to the\ngovernor and the legislature on or before November first, nineteen\nhundred eighty-six and a final report on or before October thirty-one,\nnineteen hundred ninety-five on the results of the foster family care\ndemonstration program. The report shall include findings as to the\nprogram's cost effectiveness including consideration of the costs of\nmaintaining the person in the community, funding sources, programmatic\nbenefits and the effect on the need for residential health care facility\nbeds. In the final report, the department shall offer recommendations as\nto whether the program should be extended, modified, eliminated or made\npermanent.\n  11. Foster family care demonstration programs authorized pursuant to\nchapter nine hundred forty-two of the laws of nineteen hundred\neighty-three and chapter five hundred forty-one of the laws of nineteen\nhundred eighty-four shall comply with the provisions of this section but\nshall be in addition to the entities designated in subdivision one of\nthis section. Such previously authorized demonstration projects shall be\nsubject to the expiration date of this section.\n  * NB Repealed December 31, 2027\n
N.Y. PBA Law § 1270-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-B
Metropolitan transportation authority Dutchess, Orange and Rockland fund
Status: in_force

§ 1270-b. Metropolitan transportation authority Dutchess, Orange and\nRockland fund. 1. The authority shall create and establish a fund to be\nknown as the "metropolitan transportation authority Dutchess, Orange and\nRockland fund" which shall be kept separate from and shall not be\ncommingled with any other moneys of the authority. The Dutchess, Orange\nand Rockland fund shall consist of three separate accounts: (i) the\n"Dutchess account"; (ii) the "Orange account"; and (iii) the "Rockland\naccount".\n  2. The metropolitan transportation authority Dutchess, Orange and\nRockland fund shall consist of moneys transferred by the authority\npursuant to subdivision four of section twelve hundred seventy-a of this\ntitle.\n  3. Moneys in the Dutchess account, the Orange account, and the\nRockland account shall on a quarterly basis be (i) paid to the counties\nof Dutchess, Orange and Rockland, respectively, for the purposes of\nproviding mass transportation operating assistance, including debt\nservice on bonds or notes issued for such purposes, or for providing the\nfollowing types of capital projects within such county: capacity and\ninfrastructure improvements to state, county, town, city, village roads,\nhighways, parkways or bridges; or state, county, town, city, village\nmass transportation projects; or (ii) transferred to the suburban\ntransportation fund pursuant to a resolution, which is irrevocable\nduring the term of any outstanding bonds or notes issued, adopted by the\ncounty legislature of Dutchess county, the county legislature of Orange\ncounty or the county legislature of Rockland county directing the\nauthority to make all such future transfers of funds from its respective\naccount to the suburban transportation fund. The first quarterly payment\nor transfer shall occur during the quarter beginning January first,\nnineteen hundred eighty-nine.\n
N.Y. PBA Law § 1963 — New York Code / Act PBA / Article 8 / Title 11 / Section 1963
Tax exemptions
Status: in_force

§ 1963. Tax exemptions. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the city and its environs,\nand is a public purpose, and the authority shall be regarded as\nperforming a governmental function in the exercise of the powers\nconferred upon it by this title and shall be required to pay no taxes or\nassessments upon any of the property acquired by it or under its\njurisdiction or control or supervision or upon its activities. Provided,\nhowever, if the authority is located within a transportation district\nreferenced in paragraph (a) of subdivision two of section two hundred\nfifty-three of the tax law, it shall not be exempt from the additional\ntax on each mortgage of real property situated within the state imposed\nby such paragraph.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n  3. Agents of the authority and project operators shall annually file a\nstatement with the department of taxation and finance, on a form and in\nsuch a manner as is prescribed by the commissioner of taxation and\nfinance, of the value of all sales and use tax exemptions claimed by\nsuch agents or agents of such agents or project operators, including,\nbut not limited to, consultants or subcontractors of such agents or\nproject operators, under the authority granted pursuant to this section.\nThe penalty for failure to file such statement shall be the removal of\nthe authority to act as an agent of the authority or as a project\noperator.\n  4. (a) Within thirty days of the date that the authority designates a\nproject operator or other person to act as agent of the authority for\npurposes of providing financial assistance consisting of any sales and\ncompensating use tax exemption to such person, the agency shall file a\nstatement with the department of taxation and finance relating thereto,\non a form and in such manner as is prescribed by the commissioner of\ntaxation and finance, identifying each such agent so named by the\nauthority, setting forth the taxpayer identification number of each such\nagent, giving a brief description of the property and/or services\nintended to be exempted from such taxes as a result of such appointment\nas agent, indicating the authority's rough estimate of the value of the\nproperty and/or services to which such appointment as agent relates,\nindicating the date when such designation as agent became effective and\nindicating the date upon which such designation as agent shall cease.\n  (b) Within thirty days of the date that the authority's designation\ndescribed in paragraph (a) of this subdivision has been amended,\nterminated, been revoked, or become invalid or ineffective for any\nreason, the authority shall file a statement with the department of\ntaxation and finance relating thereto, on a form and in such manner as\nis prescribed by the commissioner of taxation and finance, identifying\neach such agent so named by the authority in the original designation\nand setting forth the taxpayer identification number and other\nidentifying information of each such agent, the date as of which the\noriginal designation was amended, terminated, revoked, or became invalid\nor ineffective and the reason therefor, together with a copy of the\noriginal designation.\n
N.Y. SOS Law § 366-I — New York Code / Act SOS / Article 5 / Title 11 / Section 366-I
Long-term care financing demonstration program
Status: in_force

§ 366-i. Long-term care financing demonstration program. 1.\nNotwithstanding any inconsistent provision of sections three hundred\nsixty-six or three hundred sixty-six-c of this title, or any other\nprovision of law, the commissioner of health is authorized to develop\nthe long-term care financing demonstration program, an alternative\nprogram for the establishment of eligibility under the medical\nassistance program for up to five thousand persons.\n  2. The provisions of this section shall not take effect unless all\nnecessary approvals under federal law and regulation have been obtained\nto receive federal financial participation in the costs of health care\nservices provided to persons determined to be eligible for medical\nassistance pursuant to this section.\n  3. Defined private contribution. Upon being determined eligible for\nthe demonstration, a person shall disclose his or her household's\nresources and income to the local social services district, or an entity\nacting on behalf of such district pursuant to subdivision five of this\nsection, and shall enter into an agreement with such district or entity.\nThe agreement shall require the person to apply a defined private\ncontribution toward the cost of institutional or non-institutional\nlong-term care, as defined by the commissioner in regulations. Such\nregulations shall provide for two levels of contribution: (a) a level\nthat would permit a full medical assistance resource exemption pursuant\nto paragraph (a) of subdivision four of this section; and (b) a level or\nlevels that would permit a medical assistance resource exemption that is\nequivalent to the value of the contribution pursuant to paragraph (b) of\nsubdivision four of this section.\n  4. Medical assistance eligibility. Upon completion of the defined\nprivate contribution required by such agreement, the person may apply\nfor medical assistance under this title and, if otherwise eligible,\nshall be eligible for such assistance either: (a) in the case of an\nindividual who opts for a contribution level under paragraph (a) of\nsubdivision three of this section, without regard to otherwise\napplicable resource requirements of this title; or (b) in the case of an\nindividual who opts for a contribution level under paragraph (b) of\nsubdivision three of this section, without regard to an amount of\nresources that is equivalent to the value of the contribution. In either\ncase, eligibility for medical assistance under this title shall, with\nrespect to the amount of resources that are exempt from consideration\nunder this subdivision, be without regard to the lien and estate\nrecovery provisions of section three hundred sixty-nine of this title;\nprovided, however, that nothing herein shall prevent the imposition of a\nlien or recovery against property of an individual on account of medical\nassistance incorrectly paid.\n  5. The commissioner is authorized to enter into a contract with a\nprivate entity to assist in the administration of the demonstration\nprogram established by this section. Such a contract may include,\nwithout limitation, assistance in the development of the criteria for\nthe defined private contribution, drafting of the defined contribution\nagreement, accepting and processing applications for demonstration\nparticipation under this section, and accepting and processing\napplications for medical assistance for demonstration participants.\nNotwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner is authorized to enter into a contract under this\nsubdivision without a competitive bid or request for proposal process.\n  6. If the commissioner exercises his or her authority to implement a\ndemonstration program under this section he or she shall submit a report\nto the governor, president pro tem of the senate and speaker of the\nassembly by the first day of November, two thousand fifteen, on the\nimplementation of this section. Such report shall include a statement as\nto the extent to which individuals have opted to participate in the\ndemonstration, an analysis of the impact of the demonstration on medical\nassistance program long-term care costs, any recommendations for\nlegislative action, and such other matters as may be pertinent.\n
N.Y. VAT Law § 2285 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2285
Certificate of registration
Status: in_force

§ 2285. Certificate of registration. 1. Certificate. Upon the filing\nof the application and payment of the fee as provided in this article,\nthe commissioner shall assign to such ATV a distinctive number, and,\nwithout further expense to the applicant, issue a certificate of\nregistration, in such manner and form as the commissioner shall\nprescribe. In the event of the loss, mutilation or destruction of any\ncertificate of registration, the owner of the registered ATV may file\nsuch statement and proof of the facts as the commissioner shall require\nwith a fee of three dollars, with the department, for the issuance of a\nduplicate or substitute.\n  2. Carrying certificate. Every person operating an ATV registered in\naccordance with any of the provisions of this article shall, upon demand\nof any magistrate, police officer or peace officer, when acting pursuant\nto his special duties, produce for inspection the certificate of\nregistration for such ATV and shall furnish to such person any\ninformation necessary for the identification of such ATV and its owner.\nThe failure to produce the certificate of registration as provided\nherein shall not be an offense, but shall be presumptive evidence of\noperating an ATV which is not registered as required by this article.\n  3. Change of residence. It shall be the duty of every owner holding a\ncertificate of registration to notify the department, in writing, of any\nchange of residence of such owner within ten days after such change\noccurs, and to inscribe on such certificate, in the place provided a\nrecord of such change of residence.\n  4. Change of ownership. Whenever an ATV is transferred, the\ncertificate of registration shall be properly signed and executed by the\nowner showing that the ownership of the ATV has been transferred and\nsuch certificate shall be given to the new owner. In the case of\ntransfer, except a transfer to a registered dealer, the new owner shall\napply for a new certificate by completing an application for\nregistration. Such application shall be submitted to the department\ntogether with old certificate of registration, properly signed by the\nprevious owner, and the required fee of ten dollars. The old certificate\nof registration, properly signed by the previous owner or other indicia\nas prescribed by regulation of the commissioner, shall constitute a\ntemporary registration for such new owner for a period determined by the\ncommissioner from the date such ATV was transferred to the new owner. In\nthe event that such ATV was purchased from a registered dealer, the\napplication must be accompanied by the old certificate of registration\ntransferred to the dealer, the required fee, and by any other forms or\ndocuments completed and submitted as prescribed by the commissioner.\n  5. Destruction, theft or removal from state. It shall be the duty of\nevery owner of an ATV registered pursuant to the provisions of this\narticle to notify the department, in writing, of the destruction, theft\nor permanent removal of such ATV from the state, within fifteen days of\nacquiring knowledge thereof. In the event of destruction or theft, the\ncertificate or registration shall be surrendered with such notice.\n
N.Y. VAT Law § 2254 — New York Code / Act VAT / Title 11 / Article 48 / Section 2254
Registration record
Status: in_force

§ 2254. Registration record. Upon the issuance of a registration for a\nvessel, as provided in this article, the commissioner shall enter upon\nthe records of the department the registration of such vessel under the\nregistration number assigned to such vessel as provided in this article,\nand in any other manner which he deems appropriate.\n
N.Y. SOS Law § 365-P — New York Code / Act SOS / Article 5 / Title 11 / Section 365-P
Doulas for Medicaid
Status: in_force

§ 365-p. Doulas for Medicaid. 1. Definitions. (a) For the purposes of\nthis section, "doula" means a trained person who provides continuous\nphysical, emotional, and informational support to a pregnant person and\nthe family of such pregnant person during or a reasonable time after\npregnancy.\n  (b) A doula may provide services in hospitals, birthing centers, at\nhome deliveries and other community settings.\n  2. New York state community doula directory. (a) The department shall\nestablish and maintain a community doula directory for doulas on the\ndepartment's internet website for the purposes of Medicaid reimbursement\nand promoting doula services to Medicaid recipients.\n  (b) The directory shall include the following information concerning\ndoulas such as:\n  (i) the name of the doula who provides doula services;\n  (ii) the address and location of where the doula provides doula\nservices;\n  (iii) the name of each Medicaid provider that employs or contracts\nwith a doula to provide doula services to eligible Medicaid recipients;\n  (iv) the doula's national provider identification number, if\napplicable; and\n  (v) all documentation of criteria pursuant to subdivision three of\nthis section.\n  (c) The department shall determine the method of registration and the\ndocumentation required to verify such criteria has been met.\n  (d) Each doula shall be responsible for completing the requirements\npursuant to subdivision three of this section.\n  (e) The department shall not impose any fee on any doula to register\nfor admittance into the New York state community doula directory.\n  (f) The community doula directory shall be publicly accessible at no\ncost to the doula or birthing person looking to hire a doula in their\ncommunity.\n  3. Criteria for admittance into the New York state community doula\ndirectory. (a) Each doula seeking Medicaid reimbursement shall apply to\nbe registered in the New York state community doula directory.\n  (b) A doula shall submit to the department a certified copy of such\ndoula's certification from a doula educational organization or by\ndemonstration of satisfactory proficiency pursuant to this subdivision,\nand his, her, or their full name, address, phone number, email address,\nand if applicable, their national provider identification number.\n
N.Y. ENV Law § 27-1109 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1109
State siting requirements
Status: in_force

§ 27-1109. State siting requirements.\n  1. Within one year from the adoption of the plan required to be\nprepared pursuant to section 27-1102 of this title, and annually\nthereafter, the department shall review the implementation of the plan\nincluding the status of all existing facilities and all permit\napplications for new or expanded industrial hazardous waste treatment,\nstorage, or disposal facilities.\n  2. If, upon completion of its annual review, the department finds that\nexisting facilities alone or in combination with one or more pending or\napproved facility permit applications are sufficient to meet the\nschedule identified pursuant to subdivision eight of section 27-1102 of\nthis title the department shall so notify the legislature and the\ngovernor, in writing, identifying such existing facilities and new\nfacility applications pending or approved, and stating that no further\naction is necessary on the part of the state.\n  3. If, upon completion of its annual review, the department finds that\nexisting facilities alone or in combination with one or more pending or\napproved new facility permit applications are not sufficient to meet the\nschedule identified pursuant to subdivision eight of section 27-1102 of\nthis title, the department shall so notify the legislature and the\ngovernor in writing identifying in such notice the specific facilities\nneeded to meet such schedule.\n  4. Upon such finding the department shall, consistent with its\nresponsibilities under this title, immediately undertake measures and\nactions to assist any interested potential industrial hazardous waste\ntreatment, storage and disposal facility owners and operators in finding\nan appropriate site or sites, and shall hold public hearings or\nbriefings designed to encourage and facilitate discussion and\nnegotiations among such potential owners and operators and any potential\nhost community for any such facilities.\n  5. Within six months of a finding pursuant to subdivision three of\nthis section, the department shall report in writing to the governor and\nlegislature detailing the measures and actions taken pursuant to\nsubdivision four of this section and whether or not such actions have\nresulted in the filing of facility permit applications sufficient to\nmeet the schedule identified pursuant to subdivision eight of section\n27-1102 of this title. If such actions and measures have failed to\nresult in filings sufficient to meet such schedule, the department shall\ninclude in its report the reasons for such failure and its\nrecommendations on the actions necessary to meet such schedule including\na determination as to the necessity for the state through the\nenvironmental facilities corporation under its existing powers or some\nother mechanism to initiate the siting and construction of those\nfacilities necessary to meet such schedule.\n  6. Notwithstanding any other provision of this title, no new or\npending application for a disposal facility subject to section 27-1105\nof this title shall be deemed complete until the department has\ndetermined such application is consistent with the facility siting plan\nadopted pursuant to section 27-1102 of this title.\n
N.Y. PBH Law § 1383 — New York Code / Act PBH / Article 13 / Title 11 / Section 1383
Powers of municipalities
Status: in_force

§ 1383. Powers of municipalities.  Any municipality or municipalities\nacting jointly may:\n  1. apply to and contract with the commissioner for state aid pursuant\nto this title;\n  2. enter into contracts for consulting engineering services for the\npreparation of detailed plans for the construction of solid waste\nmanagement facilities or the improvement of existing solid waste\nmanagement facilities; provided, however, the contract cost negotiated\nbetween the person or firm chosen to perform the consulting engineering\nservices or market research and the applicant for state aid under this\ntitle shall be subject to the approval of the commissioner;\n  3. expend money received from the state pursuant to this title only\nfor purposes consistent therewith.\n
N.Y. PBA Law § 1344 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1344
Interest of members or employees of authority in contracts prohibited
Status: in_force

§ 1344. Interest of members or employees of authority in contracts\nprohibited. It shall be a misdemeanor for a member of the authority or\nan officer, agent, servant or employee employed by or appointed by the\nauthority, to be in any way or manner interested, directly or\nindirectly, as principal, surety or otherwise, in a contract, the\nexpense or consideration whereof is payable out of the funds of the\nauthority.\n
N.Y. PBA Law § 1320 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1320
Fiscal year
Status: in_force

§ 1320. Fiscal year. The fiscal year of the authority shall begin on\nthe first day of April.\n
N.Y. PBA Law § 1342 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1342
Actions against the authority
Status: in_force

§ 1342. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and the authority has\nneglected or refused to make an adjustment or payment thereof.\n  2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n  4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n  6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n
N.Y. PBA Law § 1299-I — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-I
Notes and bonds of the authority
Status: in_force

§ 1299-i. Notes and bonds of the authority. 1. (a) The authority shall\nhave power and is hereby authorized from time to time to issue its\nnegotiable bonds and notes in conformity with applicable provisions of\nthe uniform commercial code in such principal amount as, in the opinion\nof the authority, shall be necessary to provide sufficient funds for\nachieving its purposes, including the acquisition, establishment,\nconstruction, effectuation, operation, maintenance, renovation,\nimprovement, extension or repair of any transportation facility, the\npayment of interest on bonds and notes of the authority, establishment\nof reserves to secure such bonds and notes, the provision of working\ncapital and all other expenditures of the authority and its subsidiary\ncorporations incident to and necessary or convenient to carry out their\npurposes and powers;\n  (b) The authority shall have power, from time to time, to issue\nrenewal notes, to issue bonds to pay notes and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and to issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose. The refunding bonds shall be sold and the proceeds applied to\nthe purchase, redemption or payment of the bonds to be refunded;\n  (c) Except as may otherwise be expressly provided by the authority,\nevery issue of its notes or bonds shall be general obligations of the\nauthority payable out of any revenues or moneys of the authority,\nsubject only to any agreements with the holders of particular notes or\nbonds pledging any particular receipts or revenues;\n  2. The notes and bonds shall be authorized by resolution approved by\nnot less than a majority of the whole number of members of the authority\nthen in office, shall bear such date or dates, and shall mature at such\ntime or times, in the case of any such note or any renewals thereof not\nexceeding five years from the date of issue of such original note, and\nin the case of any such bond not exceeding fifty years from the date of\nissue, as such resolution or resolutions may provide. The notes and\nbonds shall bear interest at such rate or rates, be in such\ndenominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in such\nmedium of payment, at such place or places and be subject to such terms\nof redemption as such resolution or resolutions may provide. The notes\nand bonds of the authority may be sold by the authority, at public or\nprivate sale, at such price or prices as the authority shall determine.\nNo notes or bonds of the authority may be sold by the authority at\nprivate sale, however, unless such sale and the terms thereof have been\napproved in writing by (a) the comptroller, where such sale is not to\nthe comptroller, or (b) the director of the budget, where such sale is\nto the comptroller.\n  3. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or any part of the fares, tolls, rentals, rates,\ncharges and other fees made or received by the authority or any of its\nsubsidiary corporations, and other moneys received or to be received, to\nsecure the payment of the notes or bonds or of any issue thereof,\nsubject to such agreements with bondholders or noteholders as may then\nexist;\n  (b) pledging all or any part of the assets of the authority or of any\nof its subsidiary corporations to secure the payment of the notes or\nbonds or of any issue of notes or bonds, subject to such agreements with\nnoteholders or bondholders as may then exist;\n  (c) the use, and disposition of fares, tolls, rentals, rates, charges\nand other fees made or received by the authority or any of its\nsubsidiary corporations;\n  (d) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (e) limitations on the purpose to which the proceeds of sale of notes\nor bonds may be applied and pledging such proceeds to secure the payment\nof the notes or bonds or of any issue thereof;\n  (f) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) limitations on the amount of moneys to be expended by the\nauthority or any of its subsidiary corporations for operating,\nadministrative or other expenses of the authority or any of its\nsubsidiary corporations;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine, which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to this title, and limiting or abrogating the right\nof the bondholders to appoint a trustee under this article or limiting\nthe rights, powers and duties of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its notes and bonds, the authority shall have power in connection\nwith the issuance of notes and bonds to enter into such agreements as\nthe authority may deem necessary, convenient or desirable concerning the\nuse or disposition of its monies or property or the monies or property\nof any of its subsidiary corporations, including the mortgaging of any\nsuch property and the entrusting, pledging or creation of any other\nsecurity interest in any such monies or property and the doing of any\nact (including refraining from doing any act) which the authority would\nhave the right to do in the absence of such agreements. The authority\nshall have power to enter into amendments of any such agreements within\nthe powers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of the notes and bonds of the authority.\n  5. It is the intention hereof that any pledge, mortgage or security\ninstrument made by the authority shall be valid and binding from the\ntime when the pledge, mortgage or security instrument is made; that the\nmonies or property so pledged, mortgaged and entrusted and thereafter\nreceived by the authority shall immediately be subject to the lien of\nsuch pledge, mortgage or security instrument without any physical\ndelivery thereof or further act; and that the lien of any such pledge,\nmortgage or security instrument shall be valid and binding as against\nall parties having claims of any kind in tort, contract or otherwise\nagainst the authority, irrespective of whether such parties have notice\nthereof. Neither the resolution nor any mortgage, security instrument or\nother instrument by which a pledge, mortgage lien or other security is\ncreated need be recorded or filed and the authority shall not be\nrequired to comply with any of the provisions of the uniform commercial\ncode.\n  6. Neither the members of the authority nor any person executing the\nnotes or bonds shall be liable personally on the notes or bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  7. The authority, subject to such agreements with noteholders or\nbondholders as may then exist, shall have power out of any funds\navailable therefor to purchase notes or bonds of the authority, which\nshall thereupon be cancelled, at a price not exceeding (a) if the notes\nor bonds are then redeemable, the redemption price then applicable plus\naccrued interest to the next interest payment date thereon, or (b) if\nthe notes or bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the notes or\nbonds become subject to redemption plus accrued interest to such date.\n  8. The state shall not be liable on notes or bonds of the authority\nand such notes and bonds shall not be a debt of the state, and such\nnotes and bonds shall contain on the face thereof a statement to such\neffect.\n
N.Y. GOB Law § 5-1103 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1103
Written agreement for modification or discharge
Status: in_force

§ 5-1103. Written agreement for modification or discharge. An\nagreement, promise or undertaking to change or modify, or to discharge\nin whole or in part, any contract, obligation, or lease, or any mortgage\nor other security interest in personal or real property, shall not be\ninvalid because of the absence of consideration, provided that the\nagreement, promise or undertaking changing, modifying, or discharging\nsuch contract, obligation, lease, mortgage or security interest, shall\nbe in writing and signed by the party against whom it is sought to\nenforce the change, modification or discharge, or by his agent.\n
N.Y. VAT Law § 2228 — New York Code / Act VAT / Title 11 / Article 47 / Section 2228
Special events
Status: in_force

§ 2228. Special events. Snowmobiles operated at special events\napproved by the commissioner of parks and recreation pursuant to section\n25.11 of parks and recreation law shall be exempt from the provisions of\nthis article concerning registration.\n
N.Y. PBA Law § 1322 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1322
Separability
Status: in_force

§ 1322. Separability. If any provision of any section of this title or\nthe application thereof to any person or circumstance shall be adjudged\ninvalid by a court of competent jurisdiction, such order or judgment\nshall be confined in its operation to the controversy in which it was\nrendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n
N.Y. PBA Law § 1299-JJ — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-JJ
Co-operation and assistance of other agencies
Status: in_force

§ 1299-jj. Co-operation and assistance of other agencies. In the\ninterest of economy and to promote coordination of authority projects\nwith state, local, county and regional plans and also to carry out the\nobjective of full participation of all agencies in the development of a\ntransportation system and facilities to meet the objectives of this act,\nthe authority shall request and use existing studies, master plans,\nsurveys, data and other materials completed by or under development by\nany state agency or any municipality or political subdivision of the\nstate. The authority shall consult with and cooperate with the\ncommissioner of transportation and with planning authorities in the\nareas of its operations and shall utilize local or state planning. When\na project is contemplated by the authority, the authority shall submit a\npreliminary prospectus thereof to the commissioner of transportation for\nreview and comment and shall consider the report of the commissioner in\nformulating detailed plans for such project. When a project is\ncontemplated by the authority within the jurisdiction of any county\nplanning board or the Genesee-Finger Lakes Regional Planning Board, the\nauthority shall prepare a preliminary prospectus thereof, describing the\npurpose, general location, and nature of the project contemplated, with\nsuch further data relative thereto that the authority shall consider\npertinent. Within sixty days of receipt of such prospectus such planning\nboard or boards shall prepare a report thereon, commenting on its\nconformity or lack of conformity with any related official plan of the\nstate or region or any official planning agency within the region. Such\nreport shall be considered by the authority in formulating detailed\nplans for such a project. At the request of the authority, each such\nagency, municipality or subdivision which is engaged in highway or other\ntransportation activities or in land use or development planning, or\nwhich is charged with the duty of providing or regulating any\ntransportation facility or any other public facility, is further\nauthorized to provide the authority with information regarding its plans\nand programs affecting the transportation district so that the authority\nmay have available to it current information with respect thereto. The\nofficers and personnel of such agencies, municipalities or subdivisions,\nand of any other government or agency whatever, may serve at the request\nof the authority upon such advisory committees as the authority shall\ndetermine to create and such officers and personnel may serve upon such\ncommittees without forfeiture of office or employment and with no loss\nor diminution in the compensation, status, rights and privileges which\nthey otherwise enjoy.\n
N.Y. VAT Law § 2220 — New York Code / Act VAT / Title 11 / Article 47 / Section 2220
Jurisdiction of department
Status: in_force

§ 2220. Jurisdiction of department. The registration of snowmobiles\nshall be under the jurisdiction of the department.\n
N.Y. PBA Law § 1963-B — New York Code / Act PBA / Article 8 / Title 11 / Section 1963-B
Special provisions applicable to state sales and compensating use taxes and certain types of facilities
Status: in_force

§ 1963-b. Special provisions applicable to state sales and\ncompensating use taxes and certain types of facilities. The provisions\nof section eight hundred seventy-five of the general municipal law shall\napply to the provisions of this title and to the authority created by\nthis title with the same force and effect as if the provisions of such\nsection eight hundred seventy-five had been incorporated in full into\nthis title and had expressly referred to the provisions of this title\nand to such authority, with such changes to such section as are\nnecessary to refer to the provisions of this title and to the authority\ncreated by this title.\n
N.Y. SOS Law § 367-S*2 — New York Code / Act SOS / Article 5 / Title 11 / Section 367-S*2
Emergency medical transportation services
Status: in_force

* § 367-s. Emergency medical transportation services. 1.\nNotwithstanding any provision of law to the contrary, a supplemental\nmedical assistance payment shall be made on an annual basis to providers\nof emergency medical transportation services in an aggregate amount not\nto exceed four million dollars for two thousand six, six million dollars\nfor two thousand seven, six million dollars for two thousand eight, six\nmillion dollars for the period May first, two thousand fourteen through\nMarch thirty-first, two thousand fifteen, and six million dollars\nannually beginning with the period April first, two thousand fifteen\nthrough March thirty-first, two thousand sixteen pursuant to the\nfollowing methodology:\n  (a) For each emergency medical transportation services provider that\nreceives medical assistance reimbursement processed through the state\nMedicaid payment system, the department of health shall determine the\nratio of such provider's state-processed reimbursement to the total such\nreimbursement made during each quarter of the applicable calendar year,\nexpressed as a percentage;\n  (b) For each such provider, the department of health shall multiply\nthe percentage obtained pursuant to paragraph (a) of this subdivision by\none-quarter of the applicable aggregate amount specified in the opening\nparagraph of this subdivision. The result of such calculation shall\nrepresent the "emergency medical transportation service supplemental\npayment" and shall be paid expeditiously to such provider on a quarterly\nbasis;\n  2. The amount disbursed to emergency medical transportation services\nproviders whose area of operation is within the city of New York will be\ntwenty-five percent of the applicable aggregate amount, with the\nremaining seventy-five percent to be disbursed to all other emergency\nmedical transportation services providers.\n  3. If all necessary approvals under federal law and regulation are not\nobtained to receive federal financial participation in the payments\nauthorized by this section, payments under this section shall be made in\nan aggregate amount not to exceed two million dollars for two thousand\nsix, three million dollars for two thousand seven, three million dollars\nfor two thousand eight, three million dollars for the period May first,\ntwo thousand fourteen through March thirty-first, two thousand fifteen,\nand three million dollars annually beginning with the period April\nfirst, two thousand fifteen through March thirty-first, two thousand\nsixteen. In such case, the multiplier set forth in paragraph (b) of\nsubdivision one of this section shall be deemed to be two million\ndollars or three million dollars as applicable to the annual period.\n  4. Notwithstanding any inconsistent provisions of section three\nhundred sixty-eight-a of this title, or of any other law, to the\ncontrary, the department of health shall pay one hundred per centum of\nthe non-federal share of any payments made pursuant to this section.\n  * NB There are 2 § 367-s's\n
N.Y. ENV Law § 9-1111 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1111
Forest fire protection
Status: in_force

§ 9-1111. Forest fire protection.\n  1. Towns adjacent to fire towns and fire districts. The department may\nwhen necessary in its judgment, in order to protect the forests in the\nfire towns and fire districts from fire, take steps to extinguish fires\nactually burning in any town adjacent to a fire town or district.\n  2. Impressing fire fighting assistance. Any department employee or any\nother officer charged by the department with the duty of fire fighting\nshall, notwithstanding the provisions of any other law to the contrary\nor in conflict herewith, have the power to summon and hire for the\npurpose of fighting fires any person who shall have attained sixteen\nyears of age, and to incur other expenses deemed necessary to the\nextinguishment of particular fires.\n  3. Additional protection by towns in Suffolk county. Any town in the\ncounty of Suffolk may appropriate not exceeding the sum of one thousand\ndollars in any one year without the vote of town meeting for the purpose\nof purchasing equipment and establishing fire patrols for the prevention\nof forest fires within any such town. The patrols and equipment shall be\nunder the direction and supervision of the town board. Moneys\nappropriated pursuant to this subdivision shall be assessed, levied and\ncollected in the same manner as moneys for other town charges are\nassessed, levied and collected.\n
N.Y. SOS Law § 368-B — New York Code / Act SOS / Article 5 / Title 11 / Section 368-B
State reimbursement to local health districts; chargebacks
Status: in_force

§ 368-b.  State reimbursement to local health districts; chargebacks.\n1.  Each approved local health district which enters into a contract\nwith the department of health pursuant to section three hundred\nsixty-four-a of this title shall submit to the department of health a\nquarterly report of expenditures for administrative expenses incurred in\nthe performance of such contract.  The department of health shall review\nsuch expenditures and, upon approval, shall submit the report to the\ndepartment.  Upon receipt of such approved report, there shall be paid\nto each such district\n  (a)  the amount of federal funds, if any, properly received or to be\nreceived on account of such expenditures; and\n  (b)  fifty per centum of the amount expended for such administrative\nexpenses, after first deducting therefrom any federal funds properly\nreceived or to be received on account thereof.\n  2.  The department of health shall submit a quarterly report to the\ndepartment of expenditures for administrative expenses incurred by each\nof the state health districts in the performance of the cooperative\nagreement entered into pursuant to section three hundred sixty-four-a of\nthis title.  Upon receipt of such report, the department shall deduct\nthe amount of federal funds, if any, properly received or to be received\non account of such expenditures from the total amounts reported for each\nsuch district  Fifty per centum of the balance shall be apportioned\namong the public welfare districts served by such district in the ratio\nthat the total expenditures by each such public welfare district for\nmedical assistance for needy persons for the quarter bears to the total\nexpenditures by all such public welfare districts for such quarter.  The\nproportionate share shall be deducted from the next payment due each of\nsuch public welfare districts pursuant to section three hundred\nsixty-eight-a of this title.\n
N.Y. SOS Law § 365-G — New York Code / Act SOS / Article 5 / Title 11 / Section 365-G
Utilization review for certain care, services and supplies
Status: in_force

§ 365-g. Utilization review for certain care, services and supplies.\n1. The department may implement a system for utilization review,\npursuant to this section, for persons eligible for benefits under this\ntitle, to evaluate the appropriateness and quality of medical\nassistance, and safeguard against unnecessary utilization of care and\nservices, which shall include a post-payment review process to develop\nand review beneficiary utilization profiles, provider service profiles,\nand exceptions criteria to correct misutilization practices of\nbeneficiaries and providers; and for referral to the office of Medicaid\ninspector general where suspected fraud, waste or abuse are identified\nin the unnecessary or inappropriate use of care, services or supplies\nfurnished under this title.\n  2. The department may review utilization by provider service type,\nmedical procedure and patient, in consultation with the state department\nof mental hygiene, other appropriate state agencies, and other\nstakeholders including provider and consumer representatives. In\nreviewing utilization, the department shall consider historical\nrecipient utilization patterns, patient-specific diagnoses and burdens\nof illness, and the anticipated recipient needs in order to maintain\ngood health. The system for utilization review shall not be used to\ndetermine a recipient's medical care, services or supplies under this\nsection.\n  3. The utilization review established pursuant to this section shall\nnot apply to developmental disabilities services provided in clinics\ncertified under article twenty-eight of the public health law, or\narticle twenty-two or article thirty-one of the mental hygiene law.\n  4. Utilization review established pursuant to this section shall not\napply to services, even though such services might otherwise be subject\nto utilization review, when provided as follows:\n  (a) through a managed care program;\n  (b) subject to prior approval or prior authorization;\n  (c) as family planning services;\n  (d) as methadone maintenance services;\n  (e) on a fee-for-services basis to in-patients in general hospitals\ncertified under article twenty-eight of the public health law or article\nthirty-one of the mental hygiene law and residential health care\nfacilities, with the exception of podiatrists' services;\n  (f) for hemodialysis; or\n  (g) through or by referral from a preferred primary care provider\ndesignated pursuant to subdivision twelve of section twenty-eight\nhundred seven of the public health law.\n  5. The department shall consult with representatives of medical\nassistance providers, social services districts, voluntary organizations\nthat represent or advocate on behalf of recipients, the managed care\nadvisory council and other state agencies regarding the ongoing\noperation of a utilization review system.\n  6. On or before February first, nineteen hundred ninety-two, the\ncommissioner shall submit to the governor, the temporary president of\nthe senate and the speaker of the assembly a report detailing the\nimplementation of the utilization threshold program and evaluating the\nresults of establishing utilization thresholds. Such report shall\ninclude, but need not be limited to, a description of the program as\nimplemented; the number of requests for increases in service above the\nthreshold amounts by provider and type of service; the number of\nextensions granted; the number of claims that were submitted for\nemergency care or urgent care above the threshold level; the number of\nrecipients referred to managed care; an estimate of the fiscal savings\nto the medical assistance program as a result of the program;\nrecommendations for medical condition that may be more appropriately\nserved through managed care programs; and the costs of implementing the\nprogram.\n
N.Y. SOS Law § 367-H — New York Code / Act SOS / Article 5 / Title 11 / Section 367-H
Payment for assisted living programs
Status: in_force

§ 367-h. Payment for assisted living programs. 1. Subject to the\napproval of the state director of the budget, the commissioner may\nauthorize the payment of medical assistance funds for assisted living\nprograms, as defined in section four hundred sixty-one-l of this\nchapter, in accordance with capitated rates of payment established\npursuant to subdivision six of section thirty-six hundred fourteen of\nthe public health law.\n  2. No assisted living program shall cease providing services to a\nmedical assistance recipient solely because the cost of his or her care\nexceeds the amount of such capitated payments.\n  3. No medical assistance payments shall be made pursuant to this\nsection while payments are also being made for inpatient care in a\nresidential health care facility or hospital with respect to the same\nperson.\n  4. This section shall be effective if, and as long as, federal\nfinancial participation is available for medical assistance expenditures\nmade pursuant to it.\n
N.Y. SOS Law § 365-C — New York Code / Act SOS / Article 5 / Title 11 / Section 365-C
Medical advisory committee
Status: in_force

§ 365-c.  Medical advisory committee. 1.  A medical advisory committee\nis hereby established to consist of twenty members who shall be\nappointed by the governor, by and with the advice and consent of the\nsenate, for the following terms: seven shall be appointed for a term to\nexpire on May thirty-first, nineteen hundred seventy-four:  seven shall\nbe appointed for a term to expire on May thirty-first, nineteen hundred\nseventy-five: and six shall be appointed for a term to expire on May\nthirty-first, nineteen hundred seventy-six.  Thereafter members\nappointed upon expiration of a term of office shall be appointed for a\nterm of three years.  Vacancies caused by death, resignation or refusal\nto act or by removal from the state shall be filled for the unexpired\nterm only.   At least seven members of such committee shall be duly\nlicensed physicians.  The governor shall designate a chairman from among\nthe members of the medical advisory committee, to serve as such at the\npleasure of the governor.  In appointing the members of the medical\nadvisory committee, the governor shall give consideration to\nprofessional qualifications and experience and to achieving\nrepresentation of the professions of medicine, osteopathy, podiatry,\nmental health, social work, dentistry, optometry, chiropractic, physical\ntherapy, pharmacy, nursing, hospital and health administration and\neducation for the health professions, of public and private agencies in\nthe field of medical assistance, and of recipients and consumers of\nmedical assistance for needy persons.\n  2.  The medical advisory committee shall advise the commissioner with\nrespect to health and medical care services provided pursuant to this\ntitle.\n  3.  The medical advisory committee shall meet at least once a year.\nSpecial meetings may be called by the chairman, and shall be called by\nhim at the request of the governor or the commissioner.\n  4.  No member of the medical advisory committee shall be disqualified\nfrom holding any other public office or employment, nor shall he forfeit\nany such office or employment by reason of his employment hereunder,\nnotwithstanding the provisions of any general, special or local law,\nordinance or charter.\n  5.  The members of the medical advisory committee shall receive no\ncompensation for their services, but shall be allowed their actual and\nnecessary expenses incurred in the performance of their duties\nhereunder.\n
N.Y. ENV Law § 33-1103 — New York Code / Act ENV / Article 33 / Title 11 / Section 33-1103
Public hearing
Status: in_force

§ 33-1103. Public hearing.\n  1. If the commissioner determines that the petition is properly filed,\nhe shall hold a public hearing.\n  2. The commissioner shall give at least ten days' notice of the time\nand place at which the hearing will be held, as follows:\n  a. By posting in at least five of the most public places within the\naffected area; and\n  b. By notice by mail to each of the petitioners and to each\nmanufacturer, supplier and dealer furnishing the chemical substances\ncomplained of within the affected area, so far as is known to the\ncommissioner, after diligent inquiry.\n  3. Proof of notice shall be evidenced by affidavit of the commissioner\nappended to the minutes of the hearing at which the petition is\nconsidered.\n
N.Y. SOS Law § 367-Y — New York Code / Act SOS / Article 5 / Title 11 / Section 367-Y
Reimbursement for treatment in place and transportation to alternative health care settings
Status: in_force

§ 367-y. Reimbursement for treatment in place and transportation to\nalternative health care settings. 1. Notwithstanding any provision of\nlaw to the contrary, any provision of this title providing for\nreimbursement of transportation costs for an ambulance service shall\nalso apply where, instead of providing transportation to a general\nhospital, such ambulance service when responding to an emergency call:\n  (a) Administers treatment in place, including but not limited to\ntelehealth visits approved by Medicaid for reimbursement when deemed\nnecessary; and/or\n  (b) Transports an individual to an alternative health care setting.\n  2. For the purposes of this section, the following terms shall have\nthe following meanings:\n  (a) "Alternative health care setting" means the following facilities\nor institutions approved by Medicaid for reimbursement and accepting\nMedicaid recipients:\n  (i) a crisis stabilization center or certified community behavioral\nhealth clinic operating pursuant to article thirty-six of the mental\nhygiene law;\n  (ii) a facility under section 7.17 of the mental hygiene law;\n  (iii) a facility providing addiction disorder services or behavioral\nhealth services, as such terms are defined by section 1.03 of the mental\nhygiene law;\n  (iv) a diagnostic and treatment center established pursuant to article\ntwenty-eight of the public health law, or an upgraded diagnostic and\ntreatment center designated as such pursuant to section twenty-nine\nhundred fifty-six of the public health law;\n  (v) a federally qualified health center; or\n  (vi) an urgent care center, which for the purposes of this section\nshall mean a facility that provides episodic care related to an acute\nillness or minor traumas that are not life-threatening or permanently\ndisabling.\n  (b) "Ambulance service" shall have the same meaning as defined by\nsection three thousand one of the public health law.\n  (c) "General hospital" shall have the same meaning as defined by\nsection twenty-eight hundred one of the public health law.\n  (d) "Treatment in place" means the administration of emergency medical\nservices, as defined by section three thousand one of the public health\nlaw, by an employee or volunteer of an ambulance service. Such services\nshall be consistent with protocols promulgated pursuant to article\nthirty of the public health law.\n  3. This section shall be effective if, and as long as, federal\nfinancial participation is available therefor.\n  4. Nothing in this section shall be deemed to allow a person to\nprovide any service for which a license, registration, certification or\nother authorization under title eight of the education law is required\nand which the person does not possess.\n
N.Y. PBA Law § 1299-G — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-G
Acquisition and disposition of real property
Status: in_force

§ 1299-g. Acquisition and disposition of real property. 1. In addition\nto the powers provided in section twelve hundred ninety-nine-f of this\ntitle to acquire transportation facilities, equipment and real property,\nthe authority may acquire, by condemnation pursuant to the condemnation\nlaw, any real property it may deem necessary, convenient or desirable to\neffectuate the purpose of this title, provided however, that any such\ncondemnation proceedings shall be brought only in the supreme court and\nthe compensation to be paid shall be ascertained and determined by the\ncourt without a jury. Notwithstanding the foregoing provisions of this\nsubdivision one, no real property may be acquired by the authority by\ncondemnation for purposes other than a transportation facility unless\nthe governing body of the city, village or town in which such real\nproperty is located shall first consent to such condemnation.\n  2. Nothing herein contained shall be construed to prevent the\nauthority from bringing any proceedings to remove a cloud on title or\nsuch other proceedings as it may, in its discretion, deem proper and\nnecessary or from acquiring any such property by negotiation or\npurchase.\n  3. Where a person entitled to an award in the proceedings to condemn\nany real property for any of the purposes of this title remains in\npossession of such property after the time of the vesting of title in\nthe condemnor, the reasonable value of his use and occupancy of such\nproperty subsequent to such time as fixed by agreement or by the court\nin such proceedings or by any court of competent jurisdiction shall be a\nlien against such award subject only to the liens of record at the time\nof vesting of title in the condemnor.\n  4. Title to all property acquired under this act shall vest in the\nauthority.\n  5. The authority may, whenever it determines that it is in the\ninterest of the authority, dispose of any real property or property\nother than real property, which it determines is not necessary,\nconvenient or desirable for its purposes. Provided, however, that the\nauthority shall provide the county, city, town, and village in which the\nreal property is situated with sixty days notice prior to offering such\nproperty for disposition or sale.\n  6. The authority may, whenever it shall determine that it is in the\ninterest of the authority, rent, lease or grant easements or other\nrights in, any land or property of the authority.\n
N.Y. ENV Law § 19-1101 — New York Code / Act ENV / Article 19 / Title 11 / Section 19-1101
Definitions
Status: in_force

§ 19-1101. Definitions.\n  For purposes of this article, the following terms shall have the\nfollowing meanings:\n  1. "motor vehicle" shall mean a passenger vehicle, light-duty truck\nwith a gross vehicle weight of eighty-five hundred pounds or less, or\nany other vehicle determined by the commissioner to be a vehicle whose\nprimary use is noncommercial personal transportation and which is\nmanufactured for the model year two thousand ten or subsequent model\nyear; and\n  2. "motor vehicle global warming gases" or "global warming gases"\nshall mean carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,\nperfluorocarbons, and sulfur hexafluoride.\n
N.Y. ENV Law § 51-1103 — New York Code / Act ENV / Article 51 / Title 11 / Section 51-1103
Definitions
Status: in_force

§ 51-1103. Definitions.\n  As used in this title, the following terms shall mean and include:\n  1. "Metropolitan Park Project." A state project to provide new and\nexpanded public recreational opportunities in or near an urban\npopulation center to relieve serious overcrowding and prevent further\ndeterioration of urban recreation systems through land acquisition.\n  2. "Open Space Preservation Project." A state project to acquire\nrapidly disappearing open or natural lands in or near urban or suburban\nareas necessary to serve the recreation needs thereof.\n  3. "Waterway Project." A state project to acquire selected lands on\nmajor rivers, lakes, and coastal waters to provide public access to\nprotect the right of public use of such waters.\n  4. "Trailway Project." A state project to acquire lands and to develop\nrecreation trails thereon necessary to close gaps in the statewide\ninterconnecting trails network before irreversible development occurs.\n
N.Y. PBA Law § 1316 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1316
Exemption from taxation
Status: in_force

§ 1316. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\npurposes is in all respects for the benefit of the people of the state\nof New York and for the improvement of their health, welfare and\nprosperity and is a public purpose, and that the authority will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. Without limiting the generality\nof the following provisions of this section, property owned by the\nauthority and used for transportation purposes, property leased by the\nauthority and used for transportation purposes, and property used for\ntransportation purposes by or for the benefit of the authority\nexclusively pursuant to the provisions of a joint service arrangement or\nof a joint facilities agreement or trackage rights agreement shall all\nbe exempt from taxation and special ad valorem levies. The authority\nshall be required to pay no fees, taxes or assessments, whether state or\nlocal, except special benefit assessments if said property is located in\na special benefit district, including but not limited to fees, taxes or\nassessments on real estate, franchise taxes, sales taxes or other excise\ntaxes, upon any of its property, or upon the uses thereof, or upon its\nactivities in the operation and maintenance of its facilities or on any\nfares, tolls, rentals, rates, charges or other fees, revenues or other\nincome received by the authority and all bonds, notes and obligations of\nthe authority and the income therefrom shall at all times be exempt from\ntaxation, except for gift and estate taxes and taxes on transfers. This\nsection shall constitute a covenant and agreement with the holders of\nall bonds, notes and obligations issued by the authority. The terms\n"taxation" and "special ad valorem levy" shall have the same meanings as\ndefined in section one hundred two of the real property tax law and the\nterm "transportation purposes" shall have the same meaning as used in\ntitles two-a and two-b of article four of such law.\n
N.Y. PBG Law § 414 — New York Code / Act PBG / Article 13 / Title 11 / Section 414
Port Chester Housing Authority
Status: in_force

§ 414. Port Chester Housing Authority.  A municipal housing authority,\nto be known as the Port Chester Housing Authority is hereby established\nin the village of Port Chester in the county of Westchester for the\naccomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. SOS Law § 369-M — New York Code / Act SOS / Article 5 / Title 11-B / Section 369-M
Program eligibility and operations
Status: in_force

§ 369-m. Program eligibility and operations.  1. In accordance with\nregulations of the commissioner, a social services district shall pay\nall or part of the health insurance costs on behalf of a person with\nAIDS who:\n  (a) is unemployed, or, if employed, currently is ineligible to\nparticipate in health insurance through his or her current employer or\nsuch employer offers no such plan; and\n  (b) participated in the plan of health insurance provided by his or\nher prior employer and is eligible to continue or convert his or her\nparticipation in such plan by assuming the health insurance costs\nassociated with such plan although no longer employed by such employer;\nand\n  (c) resides in a household whose household income is less than or\nequal to one hundred eighty-five percent of the poverty line.\n  2. For purposes of determining eligibility under this title, household\nincome shall be determined by use of the same methodology used to\ndetermine eligibility for federal supplemental security income benefits,\nprovided that costs incurred for medical or remedial care shall not be\ntaken into account in determining household income; and, provided\nfurther, that any resources available to such household shall not be\nconsidered nor required to be applied to the payment of health care\nexpenses.\n
N.Y. VAT Law § 2256 — New York Code / Act VAT / Title 11 / Article 48 / Section 2256
Suspension and revocation of registrations; offenses; penalties
Status: in_force

§ 2256. Suspension and revocation of registrations; offenses;\npenalties. 1. The commissioner may suspend any registration pursuant to\nthis article for violation of this article or a violation of the\nnavigation law upon the recommendation of the commissioner of parks,\nrecreation and historic preservation by the holder thereof. Such\nsuspension or revocation shall be ordered only after a hearing, unless\nwaived. However, the commissioner may temporarily suspend a registration\npending a hearing.\n  2. Any person who violates any provisions of this article or\nregulation adopted pursuant thereto shall be guilty of a violation\npunishable as provided in the penal law except the maximum fine may not\nexceed one hundred dollars.\n
N.Y. GOB Law § 5-1113 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1113
Written or published promise or reward
Status: in_force

§ 5-1113. Written or published promise or reward. A promise to pay a\nreward for return of lost or mislaid property is not unenforceable\nbecause of absence of consideration if the promise was made in writing\nor the promisor caused it to be published.\n
N.Y. ENV Law § 27-1107 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1107
Powers of municipalities
Status: in_force

§ 27-1107. Powers of municipalities.\n  Notwithstanding any other provision of law, no municipality may,\nexcept as expressly authorized by this article or the board, require any\napproval, consent, permit, certificate or other condition including\nconformity with local zoning or land use laws and ordinances, regarding\nthe operation of a facility with respect to which a certificate\nhereunder has been granted; provided, however, that such municipality\nhas received notice of the filing of the application therefor.\n
N.Y. ENV Law § 33-1101 — New York Code / Act ENV / Article 33 / Title 11 / Section 33-1101
Petition for protection of a grape growing area
Status: in_force

§ 33-1101. Petition for protection of a grape growing area.\n  1. The requirements for a petition for protection of a grape growing\narea are as follows:\n  a. The petition must be in a form prescribed by the commissioner;\n  b. The petition must be signed by ten or more grape growers in the\nsame or contiguous towns in the state;\n  c. The petition must allege that the use of 2,4-D (2,4\nDichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic acid) or\nMCP (2 Methyl, 4 Chlorophenoxyacetic acid) in proximity to grape\nvineyards or crops of grapes described in the petition has proved\nharmful to the development of grapevines or the grape crop in the\naffected area in the same or any prior year; and\n  d. The petition must request that the use of such chemical substances\nbe prohibited or restricted within the affected area.\n  2. In counting the required number of petitioners, joint tenants or\ntenants by the entireties shall be counted as one signer.\n  3. The commissioner shall ascertain whether at least ten of the\nsigners of the petition are grape growers and owners of grape vineyards\nwithin the affected area.\n
N.Y. VAT Law § 2225 — New York Code / Act VAT / Title 11 / Article 47 / Section 2225
Certificate of registration
Status: in_force

§ 2225. Certificate of registration. 1. Certificate. Upon the filing\nof the application and payment of the fee as provided in this article,\nthe commissioner shall assign to such snowmobile a distinctive number,\nand, without further expense to the applicant, issue a certificate of\nregistration, in such manner and form as the commissioner shall\nprescribe. In the event of the loss, mutilation or destruction of any\ncertificate of registration, the owner of the registered snowmobile may\nfile such statement and proof of the facts as the commissioner shall\nrequire with a fee of one dollar, with the department, for the issuance\nof a duplicate or substitute.\n  2. Carrying certificate. Every person operating a snowmobile\nregistered in accordance with any of the provisions of this article\nshall, upon demand of any magistrate, police officer or peace officer,\nwhen acting pursuant to his special duties, produce for inspection the\ncertificate of registration for such snowmobile and shall furnish to\nsuch person any information necessary for the identification of such\nsnowmobile and its owner. The failure to produce the certificate of\nregistration as provided herein shall not be an offense, but shall be\npresumptive evidence of operating a snowmobile which is not registered\nas required by this article.\n  3. Change of residence. It shall be the duty of every owner holding a\ncertificate of registration to notify the department, in writing, of any\nchange of residence of such owner within fifteen days after such change\noccurs, and to inscribe on such certificate, in the place provided a\nrecord of such change of residence.\n  4. Change of ownership. Whenever a snowmobile is transferred or its\nuse discontinued, the registration portion of the certificate of\nregistration shall be properly signed and executed by the owner showing\nthat the ownership of the snowmobile has been transferred or its use\ndiscontinued and such certificate shall be returned to the department\nwithin fifteen days after such transfer or discontinuance. In the case\nof transfer, the new owner shall apply for a new certificate by\ncompleting an application for registration, using the original number\nissued for such snowmobile. Such application shall be submitted to the\ndepartment together with the renewal or transfer of the old certificate\nof registration, properly signed by the previous owner, and the required\nfee of five dollars. The renewal or transfer of the old certificate of\nregistration, properly signed by the previous owner, shall constitute a\ntemporary registration for such new owner for a period determined by the\ncommissioner from the date such snowmobile was transferred to the new\nowner. In the event that such snowmobile was purchased from a registered\ndealer, the application must be accompanied by a dealer's form,\nnumbered, completed and signed by the dealer or his agent and signed by\nthe new owner, as prescribed by the commissioner.\n  5. Destruction, theft or removal from state. It shall be the duty of\nevery owner of a snowmobile registered pursuant to the provisions of\nthis article to notify the department, in writing, of the destruction,\ntheft or permanent removal of such snowmobile from the state, within\nfifteen days of acquiring knowledge thereof. In the event of destruction\nor theft, the certificate of registration shall be surrendered with such\nnotice.\n
N.Y. PBA Law § 1299-RR — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-RR
Actions against the authority
Status: in_force

§ 1299-rr. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and the authority has\nneglected or refused to make an adjustment or payment thereof.\n  2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n  4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n  6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n
N.Y. ENV Law § 58-1103 — New York Code / Act ENV / Article 58 / Title 11 / Section 58-1103
Reporting
Status: in_force

§ 58-1103. Reporting.\n  1. No later than sixty days following the end of each fiscal year,\neach department, agency, public benefit corporation, and public\nauthority receiving an allocation or allocations of appropriation\nfinanced from the clean water, clean air, and green jobs environmental\nbond act of 2022 shall submit to the commissioner in a manner and form\nprescribed by the department, the following information as of March\nthirty-first of such fiscal year, within each category listed in this\ntitle: the total appropriation; total commitments; year-to-date\ndisbursements; remaining uncommitted balances; and a description of each\nproject.\n  2. No later than one hundred twenty days following the end of each\nfiscal year, the department shall submit to the governor, the temporary\npresident of the senate, and the speaker of the assembly a report that\nincludes the information received. A copy of the report shall be posted\non the department's website.\n
N.Y. PBA Law § 1276-E — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-E
Reporting
Status: in_force

§ 1276-e. Reporting. The authority shall post on its website on or\nbefore the first of May, the law firms retained by the authority which\nin the past year received payment for services in such year.\n
N.Y. PBA Law § 1299-M — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-M
Remedies of noteholders and bondholders
Status: in_force

§ 1299-m. Remedies of noteholders and bondholders. 1. In the event\nthat the authority shall default in the payment of principal of or\ninterest on any issue of notes or bonds after the same shall become due,\nwhether at maturity or upon call for redemption, and such default shall\ncontinue for a period of thirty days, or in the event that the authority\nshall fail or refuse to comply with the provisions of this title or\nshall default in any agreement made with the holders of any issue of\nnotes or bonds, the holders of twenty-five per centum in aggregate\nprincipal amount of the notes or bonds of such issue than outstanding,\nby instrument or instruments filed in the office of the clerk of any\ncounty in which the authority operates and has an office and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such notes or bonds for the purposes\nherein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the authority to collect\nfares, tolls, rentals, rates, charges and other fees adequate to carry\nout any agreement as to, or pledge of, such fares, tolls, rentals,\nrates, charges and other fees and to require the authority to carry out\nany other agreements with the holders of such notes or bonds and to\nperform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty in which the instrument or instruments are filed in accordance\nwith subdivision one of this section.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. PBA Law § 1343 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1343
Agreements relating to payment in lieu of taxes
Status: in_force

§ 1343. Agreements relating to payment in lieu of taxes. To the end\nthat municipal corporations, counties and school districts may not\nsuffer undue loss of taxes or assessments:\n  If the authority acquires property for non-transportation purposes\n(e.g. for future transportation purposes but not to be so used\nimmediately) the authority except as hereinafter provided, shall pay to\nthe participating county and/or city, town or school district where the\nproperty is located, annually, in lieu of taxes, a sum equal to the sum\nlast paid as taxes upon the property prior to the time of its\nacquisition by the authority. Should such property be subsequently\ndeveloped and improved but still remain unused for transportation\npurposes, it shall during such period of disuse for transportation be\nsubject to assessment, at the prevailing method of determining\nassessments, by the county and/or city and/or school district and the\nauthority shall, based on such assessment, annually, in lieu of taxes,\npay to the county and/or city and/or school district an amount fixed by\nit.\n  If the authority acquires property for transportation purposes but\nsubsequently uses such property for non-transportation purposes, then\nthe authority shall be required, except as hereinafter provided, to pay\nannually in lieu of taxes to the participating county and/or city and/or\nschool district wherein such property is located, an amount equal to the\nsum which the said county and/or city and/or school district would\nordinarily be imposed as taxes, pursuant to the prevailing method of\ndetermining assessments.\n  Properties acquired by the authority for transportation and used as\nsuch, shall not be subject to the payment of any taxes except that the\nauthority shall pay such property special benefit assessments on the\nproperty if it is located in an existing special benefit district.\n
N.Y. ENV Law § 9-1115 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1115
Railroad patrol
Status: in_force

§ 9-1115. Railroad patrol.\n  All railroads shall, on such parts of their rights of way as are\noperated through forest lands, maintain from April first to November\nfifteenth of each year a sufficient number of competent fire patrolmen\nunless relieved by the department. The railroad shall file in the office\nof the department on or before April first of each year a complete list\nof such patrol indicating the names of the persons, their post-office\naddress and portion of right of way assigned to each patrolman. If any\nchanges are subsequently made similar data shall be furnished the\ndepartment.\n
N.Y. LFN Law § 154.00 — New York Code / Act LFN / Article 2 / Title 11 / Section 154.00
Disposition of proceeds resulting from the satisfaction of certain mortgages
Status: in_force

§ 154.00 Disposition of proceeds resulting from the satisfaction of\ncertain mortgages. a. Notwithstanding any general, special or local law\nto the contrary, upon the modification or satisfaction by the city of\nNew York or the New York city housing development corporation, pursuant\nto section twenty-three-a, twenty-three-b or subdivision twenty-two-a of\nsection six hundred fifty-four of the private housing finance law, of a\nmortgage loan made to a housing company, the entire proceeds resulting\nfrom such modification or satisfaction (not including any premium or\ndifferential referred to in section twenty-three-a or subdivision\ntwenty-two-a of section six hundred fifty-four of the private housing\nfinance law), less any fees, costs, expenses and other amounts paid or\nincurred by such city or corporation, shall be deposited in a reserve\nfund established for the purpose of retiring outstanding notes issued by\nsuch city and the proceeds therein shall be expended only for the\npayment of all or part of the said outstanding indebtedness.\nNotwithstanding any general, special or local law to the contrary, if\nthe moneys in such fund shall exceed the sum of all principal of or\ninterest on such indebtedness or if, when all such outstanding notes\nhave been retired, any moneys remain unexpended in the reserve fund,\nsuch excess moneys may be used for any lawful municipal purpose.\n  b. As used in this section:\n  1. The term "fees, costs, expenses and other amounts" shall mean legal\nand other fees, costs, expenses and amounts described in subdivision\nfour-b of section twenty-three-a or subdivision twenty-two-a of section\nsix hundred fifty-four of the private housing finance law;\n  2. The term "housing company" shall mean a housing company organized\npursuant to article two of the private housing finance law; and\n  3. The term "outstanding notes" shall mean revenue anticipation notes,\ntax anticipation notes and bond anticipation notes of the city of New\nYork issued prior to November fourteenth, nineteen hundred seventy-five\nand presented for payment prior to January first, nineteen hundred\nseventy-eight, other than (i) notes paid by such city prior to the\neffective date of this paragraph, (ii) notes held by the municipal\nassistance corporation for the city of New York (including but not\nlimited to notes exchanged for bonds of such corporation), and (iii)\nnotes with respect to which the holders thereof executed agreements to\npostpone or withhold demand for payment or enforcement of such notes.\n
N.Y. PBA Law § 1299 — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299
Short title
Status: in_force

§ 1299. Short title. This title may be cited as the "Niagara Frontier\nTransportation Act."\n
N.Y. GMU Law § 580-A — New York Code / Act GMU / Article 15-B / Title 11-A / Section 580-A
Glen Cove community development agency
Status: in_force

§ 580-a. Glen Cove community development agency. A municipal community\ndevelopment agency, to be known as the Glen Cove community development\nagency, is hereby established for the accomplishment of any and all of\nthe purposes specified in articles fifteen and fifteen-A of this\nchapter, and in accordance with article eighteen of the constitution of\nthe state of New York. It shall constitute a body corporate and politic,\nbe perpetual in duration. It shall consist of the mayor, who shall be\nthe chairman, and six other members to be appointed by the mayor (no\nmore than two of whom may be members of the common council of the city\nof Glen Cove excluding the mayor) subject to the approval of the common\ncouncil of the city of Glen Cove. It shall have the powers and duties\nnow or hereafter conferred by article fifteen-A of this chapter upon\nmunicipal urban renewal agencies. It shall be organized in a manner\nprescribed by and subject to the provisions of article fifteen-A of this\nchapter and the agency, its members, officers and employees and its\noperation and activities shall in all respects be governed by the\nprovisions of such article.\n
N.Y. PBA Law § 1958 — New York Code / Act PBA / Article 8 / Title 11 / Section 1958
Bonds of the authority
Status: in_force

§ 1958. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any of its corporate purposes without limitation as to amount. The\nauthority shall have power from time to time and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\npurpose hereinabove described. The refunding bonds may be exchanged for\nthe bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold and the proceeds applied to the purchase or payment of\nthe bonds to be refunded. In computing the total amount of bonds of the\nauthority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange of new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues.\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times, bear\ninterest at such rates, payable at such time or times, be in such\ndenominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in\nlawful money of the United States of America at such place or places and\nbe subject to such terms of redemption, as such resolution or\nresolutions may provide. The bonds may be sold at public or private sale\nfor such price or prices as the authority shall determine.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders or the city as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or any issue\nof the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section nineteen hundred sixty-five of this\ntitle, and limiting or abrogating the right of the bondholders to\nappoint a trustee under said section or limiting the rights, duties and\npowers of trustee; and\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n
N.Y. VAT Law § 2224 — New York Code / Act VAT / Title 11 / Article 47 / Section 2224
Registration record
Status: in_force

§ 2224. Registration record. Upon receipt of a sufficient application\nfor registration of a snowmobile, as provided in this article, the\ncommissioner shall enter upon the records of the department the\nregistration of such vehicle under the distinctive number assigned to\nsuch snowmobile as provided in this article.\n
N.Y. PBA Law § 1276-C — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-C
Independent audit of authority
Status: in_force

§ 1276-c. Independent audit of authority. The independent auditor\nretained by the authority shall not provide to the authority,\ncontemporaneously with the audit unless it shall have previously\nreceived written approval by the audit committee any non-audit service,\nincluding:\n  1. routine bookkeeping or other services;\n  2. financial information systems design and implementation;\n  3. appraisal or valuation services, fairness opinions, or\ncontribution-in-kind reports;\n  4. actuarial services;\n  5. outsourcing services;\n  6. authority management functions or human resources;\n  7. broker or dealer, investment advisor or investment banking\nservices;\n  8. legal services and expert services unrelated to the audit.\n
N.Y. PBA Law § 1300 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1300
Short title
Status: in_force

§ 1300. Short title. This title may be cited as the "Capital District\nTransportation Authority Act".\n
N.Y. PBA Law § 1968 — New York Code / Act PBA / Article 8 / Title 11 / Section 1968
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1968. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBA Law § 1266-L — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-L
Surveillance cameras; subway stations
Status: in_force

* § 1266-l. Surveillance cameras; subway stations. The authority shall\ninstall and reasonably maintain proper operation of surveillance cameras\nat all subway stations operated by the authority. Such surveillance\ncameras may be placed in all areas, including but not limited to, areas\nfrequented by passengers and all train platforms.\n  * NB There are 2 § 1266's\n
N.Y. PBH Law § 1380 — New York Code / Act PBH / Article 13 / Title 11 / Section 1380
Definitions
Status: in_force

§ 1380. Definitions. As used in this title:\n  1. "Solid waste management facility" means any area or site,\nstructure, facility or equipment used for or in connection with methods\nincluding, but not limited to shredding, compression, high-temperature\nincineration, pyrolization, separation or any other technology for\nresource recovery, transporting, storing, or the final placement and\ndisposal of solid wastes in a manner satisfactory to the commissioner.\n  2. "Municipality" means a town, city, county, or village or any\ndesignated public agency thereof, or any two or more of the foregoing\nwhich are acting jointly in connection with a solid waste management\nfacility, or a public authority.\n  3. "Commissioner" means the commissioner of environmental conservation\nof the state of New York.\n
N.Y. ENV Law § 9-1107 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1107
Fire towns
Status: in_force

§ 9-1107. Fire towns.\n  The following towns, including the area within the boundaries of\nincorporated villages, are hereby designated as "fire towns": All towns\nin Essex and Hamilton counties; the towns of Altona, Ausable, Black\nBrook, Dannemora, Ellenburg and Saranac, Clinton county; the towns of\nAndes, Colchester, Hancock and Middletown, Delaware county; the towns of\nAltamont, Belmont, Brighton, Duane, Franklin, Harrietstown, Santa Clara\nand Waverly, Franklin county; the towns of Bleecker, Caroga, Mayfield,\nNorthampton and Stratford, Fulton county; the towns of Hunter, Jewitt,\nLexington and Windham, Greene county; the towns of Ohio, Russia,\nSalisbury and Webb, Herkimer county; the towns of Crogham, Diana, Grieg,\nLyonsdale and Watson, Lewis county; the towns of Forestport and Remsen,\nOneida county; the towns of Corinth, Day, Edinburg and Hadley, Saratoga\ncounty; the towns of Clare, Clifton, Colton, Fine, Hopkinton,\nParishville, Piercefield, Pitcairn, Saint Lawrence county; the towns of\nNeversink, Rockland, Sullivan county; the towns of Denning, Gardiner,\nHardinburgh, Olive, Rochester, Shandaken, Shawangunk, Wawarsing and\nWoodstock, Ulster county; the towns of Bolton, Chester, Hague, Horicon,\nJohnsburgh, Lake George, Luzerne, Queensbury, Stoney Creek, Thurman and\nWarrensburgh, Warren county; the towns of Dresden, Fort Ann and Putnam,\nWashington County.\n
N.Y. PBA Law § 1596-E — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-E
Civil service status of officers and employees
Status: in_force

§ 1596-e. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the city civil service commission.\n
N.Y. ENV Law § 54-1107 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1107
State assistance application procedure and standards
Status: in_force

§ 54-1107. State assistance application procedure and standards.\n  In the case of coastal rehabilitation projects, a municipality or\nnot-for-profit corporation, upon the approval of its governing body, may\nsubmit an application to the commissioner, in such form and containing\nsuch information as the commissioner may require, for state assistance\npayments toward the cost of a project which is within the state of New\nYork and which is eligible for state assistance pursuant to this title.\nThe commissioner shall review such project application and may approve,\ndisapprove or recommend modifications thereto consistent with applicable\nlaw, criteria, standards or rules and regulations relative to such\nprojects. Such criteria and standards shall include, but not be limited\nto: the consistency of the project with the Coastal Erosion Hazard Areas\nAct, article 34 of this chapter, notwithstanding paragraph d of\nsubdivision three of section 34-0108 of this chapter; the official\ncoastal policies of the state pursuant to article 42 of the executive\nlaw; the extent of natural damages to the coastal area and the\nsuitability and feasibility of the project in relation to maintaining\nnatural resource features and functions; the importance of the coastal\narea to recreational resources, fish and wildlife resources, and/or\nendangered or threatened species habitat; and the public benefits\nprovided by the project.\n  Upon approval of a project application, a municipality or\nnot-for-profit corporation shall enter into a contract, as further\nprovided within this article, with the commissioner for state assistance\npayments toward the cost of such project to be received pursuant to this\narticle.\n
N.Y. SOS Law § 368-D — New York Code / Act SOS / Article 5 / Title 11 / Section 368-D
Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty...
Status: in_force

§ 368-d. Reimbursement to public school districts and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law.\n  1. The department of health shall review claims for expenditures made\nby or on behalf of local public school districts, and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law, for\nmedical care, services and supplies which are furnished to children with\nhandicapping conditions or such children suspected of having\nhandicapping conditions, as such children are defined in the education\nlaw. If approved by the department, payment for such medical care,\nservices and supplies which would otherwise qualify for reimbursement\nunder this title and which are furnished in accordance with this title\nand the regulations of the department to such children, shall be made in\naccordance with the department's approved medical assistance fee\nschedules by payment to such local public school district, and state\noperated/state supported schools which operate pursuant to article\neighty-five, eighty-seven or eighty-eight of the education law, which\nfurnished the care, services or supplies either directly or by contract.\n  2. Claims for payment under this section shall be made in such form\nand manner, at such times, and for such periods as the department may\nrequire.\n  3. The provisions of this section shall be of no force and effect\nunless all necessary approvals under federal law and regulation have\nbeen obtained to receive federal financial participation in the costs of\nhealth care services provided pursuant to this section.\n  4. The commissioner of health is authorized to contract with one or\nmore entities to conduct a study to determine actual direct and indirect\ncosts incurred by public school districts and state operated/state\nsupported schools which operate pursuant to article eighty-five,\neighty-seven or eighty-eight of the education law for medical care,\nservices and supplies, including related special education services and\nspecial transportation, furnished to children with handicapping\nconditions.\n  5. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law,\nthe commissioner of health is authorized to enter into a contract or\ncontracts under subdivision four of this section without a competitive\nbid or request for proposal process, provided, however, that:\n  (a) The department of health shall post on its website, for a period\nof no less than thirty days:\n  (i) A description of the proposed services to be provided pursuant to\nthe contract or contracts;\n  (ii) The criteria for selection of a contractor or contractors;\n  (iii) The period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (iv) The manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n  (b) All reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioner of health; and\n  (c) The commissioner of health shall select such contractor or\ncontractors that, in his or her discretion, are best suited to serve the\npurposes of this section.\n  (d) Upon selection of a contractor or contractors, the department of\nhealth shall provide written notification of such selection and a\nsummary of the criteria employed in such selection to the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee.\n  6. The commissioner shall evaluate the results of the study conducted\npursuant to subdivision four of this section to determine, after\nidentification of actual direct and indirect costs incurred by public\nschool districts, whether it is advisable to claim federal reimbursement\nfor expenditures under this section as certified public expenditures. In\nthe event such claims are submitted, if federal reimbursement received\nfor certified public expenditures on behalf of medical assistance\nrecipients whose assistance and care are the responsibility of a social\nservices district results in a decrease in the state share of annual\nexpenditures pursuant to this section for such recipients, then to the\nextent that the amount of any such decrease when combined with any\ndecrease in the state share of annual expenditures described in\nsubdivision five of section three hundred sixty-eight-e of this title\nexceeds one hundred fifty million dollars for the period April 1, 2011\nthrough March 31, 2013, or exceeds one hundred million dollars in state\nfiscal years 2013-14 and 2014-15, the excess amount shall be transferred\nto such public school districts in amounts proportional to their\npercentage contribution to the statewide savings; an amount equal to\nthirteen and five hundredths percent of any decrease in the state share\nof annual expenditures pursuant to this section for such recipients in\nstate fiscal year 2015-16 and any fiscal year thereafter shall be\ntransferred to such public school districts in amounts proportional to\ntheir percentage contribution to the statewide savings. Any amount\ntransferred pursuant to this section shall not be considered a revenue\nreceived by such social services district in determining the district's\nactual medical assistance expenditures for purposes of paragraph (b) of\nsection one of part C of chapter fifty-eight of the laws of two thousand\nfive.\n
N.Y. SOS Law § 363-F — New York Code / Act SOS / Article 5 / Title 11 / Section 363-F
Electronic visit verification for personal care and home health providers
Status: in_force

§ 363-f. Electronic visit verification for personal care and home\nhealth providers. The commissioner, in consultation with the Medicaid\ninspector general, is hereby authorized to promulgate regulations to\nimplement the electronic visit verification provisions of subsection (1)\nof section 1903 of the federal social security act.\n
N.Y. SOS Law § 363 — New York Code / Act SOS / Article 5 / Title 11 / Section 363
Declaration of objects
Status: in_force

§ 363.  Declaration of objects. Medical assistance for needy persons\nis hereby declared to be a matter of public concern and a necessity in\npromoting the public health and welfare and for promoting the state's\ngoal of making available to everyone, regardless of race, age, national\norigin or economic standing, uniform, high-quality medical care.  In\nfurtherance of such goal, a comprehensive program of medical assistance\nfor needy persons is hereby established to operate in a manner which\nwill assure a uniform high standard of medical assistance throughout the\nstate.  In carrying out this program every effort shall be made to\npromote maximum public awareness of the availability of, and procedure\nfor obtaining, such assistance, and to facilitate the application for,\nand the provision of such medical assistance.\n
N.Y. PBA Law § 1270-I — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-I
New York city transportation assistance fund
Status: in_force

§ 1270-i. New York city transportation assistance fund. 1. The\nauthority shall create and establish a fund to be known as the "New York\ncity transportation assistance fund" which shall be kept separate from\nand shall not be commingled with any other moneys of the authority. The\nNew York city transportation assistance fund shall consist of three\nseparate accounts: (i) the "subway action plan account"; (ii) the "outer\nborough transportation account"; and (iii) the "general transportation\naccount".  The authority shall make deposits in the subway action plan\naccount of the moneys received by it pursuant to the provisions of\nsubdivision (c) of section twelve hundred ninety-nine-H of the tax law\nin accordance with the provisions thereof, shall make deposits in the\nouter borough transportation account of the moneys received by it\npursuant to the provisions of subdivision (d) of section twelve hundred\nninety-nine-H of the tax law in accordance with the provisions thereof,\nand shall make deposits in the general transportation account of the\nmoneys received by it pursuant to the provisions of subdivision (e) of\nsection twelve hundred ninety-nine-H of the tax law in accordance with\nthe provisions thereof, and pursuant to the provisions of section eleven\nhundred eleven-C of vehicle and traffic law.\n  2. Moneys in the subway action plan account shall be used for the\nexclusive purpose of funding the operating and capital costs of the\nmetropolitan transportation authority's New York city subway action\nplan. Such funds may be used for infrastructure including construction,\nreconstruction, reconditioning and preservation of transportation\nsystems, facilities and equipment, acquisition of property, and for\noperating costs including personal services, non-personal services,\nfringe benefits, and contractual services. Funds may also be used to pay\nor to reimburse the authority for its payment of debt service and\nreserve requirements on that portion of authority bonds and notes issued\nby the authority for capital costs of the metropolitan transportation\nauthority's New York city subway action plan.\n  3. Moneys in the outer borough transportation account shall be used\nfor the exclusive purpose of funding the operating and capital costs of\nmetropolitan transportation authority facilities, equipment and services\nin the counties of Bronx, Kings, Queens and Richmond, and any projects\nimproving transportation connections from such counties to New York\nCounty. Such funds may be used for infrastructure including\nconstruction, reconstruction, reconditioning and preservation of\ntransportation systems, facilities and equipment, acquisition of\nproperty, and for operating costs including personal services,\nnon-personal services, fringe benefits, and contractual services. Funds\nmay also be used to fund a toll reduction program for any crossings\nunder the jurisdiction of the metropolitan transportation authority or\nits subsidiaries or affiliates. Funds may also be used to pay or to\nreimburse the authority for its payment of debt service and reserve\nrequirements on that portion of authority bonds and notes that have been\nissued by the authority specifically for the authorized purpose of this\naccount. Notwithstanding any law to the contrary, final approval of the\nuse of any funds paid into the outer borough transportation account\nshall be unanimously approved by three members of the Metropolitan\nTransportation Authority Capital Program Review Board, established\npursuant to section twelve hundred sixty-nine-a of this title so\ndesignated pursuant to this subdivision. For purposes of such final\napprovals the three voting members are: the member appointed upon\nrecommendation by the temporary president of the senate; the member\nappointed upon recommendation of speaker of the assembly; and the member\nappointed by the governor.\n  4. Moneys in the general transportation account shall be used for\nfunding the operating and capital costs of the metropolitan\ntransportation authority. Such funds may be used for infrastructure\nincluding construction, reconstruction, reconditioning and preservation\nof transportation systems, facilities and equipment, acquisition of\nproperty, and for operating costs including personal services,\nnon-personal services, fringe benefits, and contractual services. Funds\nmay also be used to pay or to reimburse the authority for its payment of\ndebt service and reserve requirements on that portion of authority bonds\nand notes that have been issued by the authority specifically for the\npurposes of this account.\n  5. Any revenues deposited in the subway action plan account, the outer\nborough transportation account, or the general transportation account\npursuant to subdivision one of this section shall be used exclusively\nfor the purposes described, respectively, in subdivisions two, three,\nand four of this section. Such revenues shall only supplement and shall\nnot supplant any federal, state, or local funds expended by the\nmetropolitan transportation authority, such authority's affiliates or\nsubsidiaries for such respective purposes.\n  6. Any revenues deposited into the New York city transportation\nassistance fund pursuant to subdivision one of this section shall not be\ndiverted into the general fund of the state, any other fund established\nby the chapter of the laws of two thousand eighteen which added this\nsubdivision, any other fund maintained for the support of any other\ngovernmental purpose, or for any other purpose not authorized by\nsubdivisions two, three and four of this section.\n  7. The authority shall report on the receipt and uses of all funds\nreceived by the New York city transportation assistance fund, and in\neach of its accounts, to the director of the budget, the temporary\npresident of the senate, and the speaker of the assembly, on an annual\nbasis no later than the first day of February.\n
N.Y. SOS Law § 366-H — New York Code / Act SOS / Article 5 / Title 11 / Section 366-H
Automated system; established
Status: in_force

§ 366-h. Automated system; established. Notwithstanding any\ninconsistent provision of law or regulation, the commissioner of health\nshall, as soon as practicable, establish an automated system to ensure\nthat persons who meet the criteria for receipt of medical assistance\nbenefits under paragraph (a) or (c) of subdivision four of section three\nhundred sixty-six of this title shall remain enrolled in the medical\nassistance program without interruption and receive the benefits set\nforth according to paragraph (a) or (c) of subdivision four of section\nthree hundred sixty-six of this title. Pending implementation of such\nautomated system, such commissioner shall, in consultation with the\noffice of temporary and disability assistance, undertake and continue\nefforts to educate local departments of social services about the\nmeasures they must take to ensure that medical assistance benefits are\nprovided to persons eligible for such benefits under subdivision four of\nsection three hundred sixty-six of this title.\n
N.Y. SOS Law § 367-V — New York Code / Act SOS / Article 5 / Title 11 / Section 367-V
County long-term care financing demonstration program
Status: in_force

§ 367-v. County long-term care financing demonstration program. 1.\nNotwithstanding any inconsistent provision of law, the commissioner is\nauthorized to establish a long-term care financing demonstration\nprogram, to operate in up to five counties, for the purpose of creating\nincentives and funding for the transformation of county nursing home\nbeds into other long-term care settings.\n  2. (a) The demonstration program established pursuant to this section\nshall permit a participating county to reduce its county nursing home\nbed capacity, or to close a county nursing home, and to invest any\nresulting demonstrated savings in programs or services that will, to the\nextent feasible, encourage the use of community-based long-term care\nalternatives to institutional care.\n  (b) Such programs or services may include, but are not limited to:\n  (i) expansion of community-based services such as the program for\nall-inclusive care for the elderly (PACE), the long term home health\ncare program, the managed long term care program, adult day care\nservices, and caregiver support services;\n  (ii) expansion of senior housing;\n  (iii) assisted living program;\n  (iv) payment of subsidies to encourage assisted living programs, adult\ncare facilities, and non-public nursing homes to accept hard-to-serve\nresidents; and\n  (v) contracts with non-public nursing homes to guarantee beds for\nthose hard-to-serve persons who choose nursing home care or for whom\nother community-based options are not feasible or are unavailable.\n  3. A county wishing to participate in the demonstration program\nestablished pursuant to this section shall develop a plan and submit an\napplication for participation to the commissioner of health detailing\nsuch plan at a time and in a manner to be determined by such\ncommissioner. The commissioner is authorized to approve or disapprove\nany such application and to certify the amount of demonstrated savings.\n  4. Notwithstanding the cap on social services district shares of\nmedical assistance expenditures established pursuant to section one of\npart C of chapter fifty-eight of the laws of two thousand five, the\ndirector of the division of the budget is authorized, in his or her sole\ndiscretion, to adjust a district's cap amount to account for changes in\nthe non-federal share of medical assistance resulting from any approved\ndemonstration plan.\n  5. The commissioner of health is authorized to submit any amendments\nto the state plan for medical assistance and any waivers of the federal\nsocial security act that such commissioner determines to be necessary to\nobtain federal financial participation in the costs of services provided\npursuant to this section.\n  6. The commissioner of health shall submit a report to the governor,\ntemporary president of the senate and speaker of the assembly by the\nfirst day of November, two thousand fifteen, on the implementation of\nthis section. Such report shall include identification of the counties\napproved to participate in the demonstration, a description of such\ncounties' approved demonstration plans, an analysis of the impact of the\ndemonstration on long-term care costs and service delivery, any\nrecommendations for legislative action, and such other matters as may be\npertinent.\n
N.Y. VAT Law § 2227 — New York Code / Act VAT / Title 11 / Article 47 / Section 2227
Rules and regulations
Status: in_force

§ 2227. Rules and regulations. The commissioner shall make such rules\nand regulations as he may deem necessary to carry out the provisions of\nthis article.\n
N.Y. SOS Law § 363-A — New York Code / Act SOS / Article 5 / Title 11 / Section 363-A
Federal aid; state plan
Status: in_force

§ 363-a. Federal aid; state plan. 1. The department of health shall\nsubmit and maintain a plan for medical assistance, as required by title\nXIX, or any successor title, of the federal social security act, to the\nfederal department of health and human services for approval pursuant to\nthe provisions of such law and shall act as the single state agency to\nsupervise the administration of the plan in this state. The department\nof health shall act for the state in any negotiations relative to the\nsubmission and approval of such plan and any amendments thereto and it\nmay make such arrangements, not inconsistent with law, as may be\nrequired by or pursuant to federal law to obtain and retain such\napproval and to secure for the state the benefits of the provisions of\nsuch law.\n  2. The department of health shall make such regulations, not\ninconsistent with law, as may be necessary to implement this title.\n  3. The department of health shall make reports to the federal\ndepartment of health and human services as from time to time may be\nrequired by such federal department.\n  4. The department of taxation and finance shall accept and receive any\nand all grants of money awarded to the state under title XIX, or any\nsuccessor title, of the federal social security act.  All moneys so\nreceived shall be deposited by the department of taxation and finance in\na special fund or funds and shall be used by the state exclusively for\nmedical assistance and the administration thereof under the provisions\nof this title. Such moneys shall be paid from such fund or funds on\naudit and warrant of the comptroller on vouchers of or certification by\nthe department of health.\n
N.Y. PBA Law § 1266-J — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-J
Metropolitan transportation authority pledge to customers
Status: in_force

§ 1266-j. Metropolitan transportation authority pledge to customers.\n1. A metropolitan transportation authority pledge to customers shall be\ncreated and adopted by the metropolitan transportation authority. A copy\nof such pledge shall be posted on the web site of the authority and\nshall be posted in stations where the authority makes regular postings.\nThe authority shall post the pledge in the language or languages it\ndeems necessary and appropriate.\n  2. The metropolitan transportation authority pledge to customers shall\nbe in the form and manner as prescribed by the authority, include the\ncontact information of the authority, and include, but not be limited\nto, the following:\n  (a) a description of the authority's commitment to provide safe and\nreliable services;\n  (b) a description of the authority's commitment to provide timely and\naccurate information on its services;\n  (c) a commitment that employees will provide service in a courteous\nmanner;\n  (d) a description of the authority's commitment to maintain clean\nstations, facilities, subways and buses;\n  (e) a description of the authority's policies when it comes to\narranging alternative transportation when service is interrupted;\n  (f) when service is interrupted, a description of the authority's\npolicies when it comes to considering the comfort of inconvenienced\ncustomers;\n  (g) when service is interrupted due to weather conditions, a\ndescription of the authority's policies on notifying customers;\n  (h) when service is severely interrupted, a description of the\nauthority's policies on service restoration.\n  3. The authority from time to time may, update and amend the\nmetropolitan transportation authority pledge to customers as it deems\nnecessary and proper and may adopt rules and regulations for the proper\nadministration of this section.\n
N.Y. PBA Law § 1953-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1953-A
Additional prerequisites to the provision of financial assistance
Status: in_force

§ 1953-a. Additional prerequisites to the provision of financial\nassistance. Prior to providing any financial assistance of more than one\nhundred thousand dollars to any project, the authority must comply with\nthe following prerequisites:\n  1. The authority must adopt a resolution describing the project and\nthe financial assistance that the authority is contemplating with\nrespect to such project. Such assistance shall be consistent with the\nuniform tax exemption policy adopted by the agency pursuant to\nsubdivision one of section nineteen hundred sixty-three-a of this\nchapter, unless the agency has followed procedures for deviation from\nsuch policy specified in subdivision two of such section.\n  1-a. The authority shall deliver a copy of the resolution adopted\npursuant to subdivision one of this section by certified mail, return\nreceipt requested or an electronic correspondence with a read receipt,\nto the chief executive officer of each affected tax jurisdiction. When\nthe affected tax jurisdiction is a school district, the authority shall\ndeliver a copy of such resolution by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, to the\ndistrict clerk and district superintendent of each affected school\ndistrict.\n  2. The authority must hold a public hearing with respect to the\nproject and the proposed financial assistance being contemplated by the\nauthority. At said public hearing, interested parties shall be provided\nreasonable opportunity, both orally and in writing, to present their\nviews with respect to the project.\n  3. The authority must give at least ten days published notice of said\npublic hearing and shall, at the same time, provide notice of such\nhearing to the chief executive officer of the affected tax jurisdiction\nwithin which the project is located. The notice of hearing must state\nthe time and place of the hearing, contain a general, functional\ndescription of the project, describe the prospective location of the\nproject, identify the initial owner, operator or manager of the project\nand generally describe the financial assistance contemplated by the\nauthority with respect to the project.\n  4. The authority shall establish a procedure for compliance with the\nnotification requirements, including identification of the notification\nmethod, under subdivision one-a of this section and subdivision two of\nsection nineteen hundred sixty-three-a of this title.\n
N.Y. ENV Law § 9-1113 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1113
Top lopping evergreen trees
Status: in_force

§ 9-1113. Top lopping evergreen trees.\n  Every person who shall, within any of the fire towns or within any\nfire district or part thereof when so designated by department\nregulation, fell or cause to be felled or permit to be felled any\nevergreen tree for sale or other purposes or engage in salvaging any\nblown down evergreen tree shall cut off or cause to be cut off from the\ntree at the time of felling or salvaging the tree, unless otherwise\nauthorized by the department before the trees are felled or salvaged,\nall the limbs thereof up to a point where the trunk of the tree has a\nlongest diameter which does not exceed three inches, unless the tree be\nfelled or salvaged for use with the limbs thereon.\n
N.Y. ENV Law § 71-1125 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1125
Enforcement of section 15-2315
Status: in_force

§ 71-1125. Enforcement of section 15-2315.\n  Any person who violates the provisions of the first sentence of\nsection 15-2315 shall be guilty of a violation punishable by a fine of\nnot more than one thousand dollars, and in addition thereto, shall be\nliable for a civil penalty of not more than fifteen hundred dollars.\n
N.Y. PBA Law § 1955-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1955-A
Compensation procurement and investment
Status: in_force

§ 1955-a. Compensation procurement and investment. 1. The compensation\nof an officer or full-time employee of the authority (but not including\npart-time employees or consultants, including accountants, attorneys and\nbond counsel to the authority) shall not be contingent on the granting\nof financial assistance by the authority.\n  2. The provisions of section one hundred four-b of the general\nmunicipal law shall be applicable to the procurement of goods and\nservices paid for by the authority for its own use and account.\n  3. The provisions of sections ten and eleven of the general municipal\nlaw shall be applicable to deposits and investments of funds for an\nagency's own use and account.\n
N.Y. VAT Law § 2223 — New York Code / Act VAT / Title 11 / Article 47 / Section 2223
Display of registration numbers
Status: in_force

§ 2223. Display of registration numbers. 1. The registration numbers\nassigned to a snowmobile shall be displayed on the vehicle at all times\nin such manner as the commissioner may, by regulation, prescribe. No\nnumber other than the number assigned to a snowmobile by the\ncommissioner or the identification number of the registration in another\nstate should be painted, attached or otherwise displayed on either side\nof the cowling, except that racing numbers on a snowmobile being\noperated in special events, approved by the commissioner of parks and\nrecreation, may be temporarily displayed for the duration of the race.\n  2. Dealer demonstrator registration numbers shall conform to the\nrequirements set forth in subdivision one of this section with the\nexception that the numbers assigned may be printed upon or attached to a\nremovable plaque or plaques to be temporarily but firmly affixed to the\nsnowmobile being demonstrated or tested.\n  3. Numbers issued to dealers and manufacturers for the purpose of\ndemonstration or testing shall be used exclusively for these purposes\nand no other use is permitted.\n
N.Y. GOB Law § 5-1111 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1111
Execution by agent in real property transactions; written authorization required
Status: in_force

§ 5-1111. Execution by agent in real property transactions; written\nauthorization required.  If executed by an agent, any agreement,\npromise, undertaking, assignment or offer required by section 5-1103,\n5-1105, 5-1107 or 5-1109 to be in writing, which affects or relates to\nreal property or an interest therein in any manner stated in\nsubdivisions one or two of section 5-703 of this chapter, shall be void\nunless such agent was thereunto authorized in writing.\n
N.Y. VAT Law § 2412 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2412
Service on nonresidents and certain residents, administrators or executors
Status: in_force

§ 2412. Service on nonresidents and certain residents, administrators\nor executors. For the purposes of section two hundred fifty-two of this\nchapter, an ATV shall be a vehicle and the provisions of that section\nand section two hundred fifty-three of this chapter shall apply to ATVs.\n
N.Y. VAT Law § 2268 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2268
Motor-assisted vehicle
Status: in_force

§ 2268. Motor-assisted vehicle. Notwithstanding any other provision of\nthis chapter, a vehicle which is primarily designed to be propelled by\nhuman power shall not be entitled to registration as a limited use\nvehicle because of the addition of a motor. The commissioner shall\ndetermine whether any vehicle is primarily designed to be propelled by\nhuman power.\n
N.Y. ENV Law § 11-1109 — New York Code / Act ENV / Article 11 / Title 11 / Section 11-1109
Registered muskrat marshes
Status: in_force

§ 11-1109. Registered muskrat marshes.\n  1. Applicability. A registered muskrat marsh is an enclosed marsh\nwhich was registered with the department prior to September 1 of the\nyear previous to the year in which a privilege granted or a rule\nprovided by this section is invoked or applied.\n  2. Registration. Application for registration of a muskrat marsh shall\nbe made upon forms supplied for such purpose by the department. If the\ndepartment is satisfied that the marsh covered by the application is\nbeing managed in accordance with sound management practices, it shall\nissue a certificate of registration which shall entitle registrant to\napply for the permission provided for in this section. The department\nshall be entitled to receive ten dollars as a registration fee.\n  3. Control of muskrats on registered marshes. The owner or lessee of a\nregistered marsh may apply to the department for permission to trap\nwithin specified dates during the closed season in order to allow the\nremoval of surplus muskrats, not required for breeding stock.\n  4. Investigation; permit. The department shall cause an investigation\nto be made of the allegations of all trapping applications filed with it\nby registered applicants, and may, in its discretion, issue a permit to\nsuch applicant, allowing him, and persons whom he may designate in\nwriting, to trap muskrats within specified dates during the closed\nseason, except that no such permit shall be issued for the trapping of\nmuskrats during the period from May 1 through October 31. The name and\naddress of every person designated in writing to trap shall, prior to\nthe time designee begins to trap, be forwarded by the registrant to the\nDepartment of Environmental Conservation, Albany, New York, by\nregistered mail.\n  5. Regulations. Notwithstanding any other provisions of the Fish and\nWildlife Law to the contrary, the department may make regulations\ngoverning the manner of trapping muskrats on registered marshes;\nprovided, however, that no such regulations shall be made which are more\nrestrictive than provisions of this chapter expressly regulating the\nmanner of taking muskrats.\n  6. Reports. Registrants shall, not later than May 1 of each year,\nfurnish the department with a report covering the number of muskrats\ntrapped.\n  7. License. No person other than the owner or lessee thereof shall\nengage in trapping on a registered marsh unless he holds a trapping\nlicense.\n
N.Y. PBA Law § 1963-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1963-A
Uniform tax exemption policy
Status: in_force

§ 1963-a. Uniform tax exemption policy.  1. The authority shall\nestablish a uniform tax exemption policy, with input from affected local\ntaxing jurisdictions, which shall be applicable to provisions of\nfinancial assistance pursuant to section nineteen hundred fifty-three-a\nof this title and shall provide guidelines for the claiming of real\nproperty, mortgage recording, and sales tax exemptions. Such guidelines\nshall include, but not be limited to: period of exemption; percentage of\nexemption; types of projects for which exemptions can be claimed;\nprocedures for payments in lieu of taxes and instances in which real\nproperty appraisals are to be performed as a part of an application for\ntax exemption; in addition, the authority in adopting such policy shall\nconsider such issues as: the extent to which a project will create or\nretain permanent, private sector jobs; the estimated value of any tax\nexemption to be provided; whether affected tax jurisdictions should be\nreimbursed by the project occupant if a project does not fulfill the\npurposes for which an exemption was provided; the impact of a proposed\nproject on existing and proposed businesses and economic development\nprojects in the vicinity; the amount of private sector investment\ngenerated or likely to be generated by the proposed project; the\ndemonstrated public support for the proposed project; the likelihood of\naccomplishing the proposed project in a timely fashion; the effect of\nthe proposed project upon the environment; the extent to which the\nproject will utilize, to the fullest extent practicable and economically\nfeasible, resource conservation, energy efficiency, green technologies,\nand alternative and renewable energy measures; the extent to which the\nproject will provide onsite child care services or otherwise facilitate\nnew child care services; the extent to which the proposed project will\nrequire the provision of additional services, including, but not limited\nto additional educational, transportation, police, emergency medical or\nfire services; and the extent to which the proposed project will provide\nadditional sources or revenue for municipalities and school districts.\n  2. The authority shall establish a procedure for deviation from the\nuniform tax exemption policy required pursuant to this section. The\nauthority shall set forth in writing the reasons for deviation from such\npolicy, and shall further notify by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, the\naffected tax jurisdictions of the proposed deviation from such policy\nand the reasons therefor. When the affected tax jurisdiction is a school\ndistrict, the authority shall notify by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, the\ndistrict clerk and district superintendent of each affected school\ndistrict.\n
N.Y. VAT Law § 2411 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2411
Liability for negligence
Status: in_force

§ 2411. Liability for negligence. Negligence in the use of operation\nof an ATV shall be attributable to the owner. Every owner of an ATV used\nor operated in this state shall be liable and responsible for death or\ninjury to person or damage to property resulting from negligence in the\nuse or operation of such ATV by any person using or operating the same\nwith the permission, express or implied, of such owner, provided,\nhowever, that such operator's negligence shall not be attributed to the\nowner as to any claim or cause of action accruing to the operator or his\nlegal representative for such injuries or death.\n
N.Y. ENV Law § 9-1109 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1109
Fire protection areas
Status: in_force

§ 9-1109. Fire protection areas.\n  Facilities for protection against forest fire shall be available as\nfollows:\n  1. In fire towns. The department, for the prevention of forest fires\nand the extinguishment of fires burning or threatening forests, shall,\nin the fire towns defined in section 9-1107, maintain an approved fire\nprotection system, including fire observation stations and other\nequipment necessary to prevent and extinguish forest fires.\n  2. In forest fire districts. The department may establish a forest\nfire protective system in such other parts of the state as it may deem\nnecessary. In such regions the department may maintain an approved fire\nprotection system, including fire observation stations and other\nequipment necessary to prevent and extinguish forest fires.\n
N.Y. SOS Law § 366-G — New York Code / Act SOS / Article 5 / Title 11 / Section 366-G
Newborn enrollment for medical assistance
Status: in_force

§ 366-g. Newborn enrollment for medical assistance. 1. Each hospital\nlicensed under article twenty-eight of the public health law shall\nreport to the department of health, or such other entity designated by\nthe department of health, in such format as the department of health\nshall provide, each live birth of a child to a woman receiving medical\nassistance on the date of the birth. Such reports shall be made within\nfive business days of the birth and shall include data identifying the\nmother and child.\n  2. Each hospital licensed under article twenty-eight of the public\nhealth law, upon discharge after delivery of a child, shall notify, in\nplain language and in such manner as the department of health shall\nprovide, each mother in receipt of medical assistance that such child is\ndeemed to be enrolled in the medical assistance program regardless of\nhis or her receipt of a medical assistance identification card or client\nidentification number or other proof of the child's eligibility, and may\naccess care, services and supplies in accordance with this title and\nother applicable laws.\n  3. The commissioner of health shall establish a procedure to ensure\nthat every child born to a mother who is receiving medical assistance on\nthe date of the child's birth is automatically enrolled in the medical\nassistance program, assigned a client identification number, and issued\nan active medical assistance identification card, as soon as possible,\nbut in no event later than ten business days from the receipt of the\nreport required pursuant to subdivision one of this section.\n  4. (a) Consistent with the provisions of section three hundred\nsixty-six of this title, a child under the age of one year whose mother\nis receiving medical assistance, or whose mother was receiving medical\nassistance on the date of the child's birth, who is presented to a\nmedical assistance provider, as defined in section three hundred\nsixty-six-d of this title, for care, shall be deemed to be enrolled in\nthe medical assistance program regardless of the issuance of a medical\nassistance identification card or client identification number to such\nchild or other proof of the child's eligibility.\n  (b) A medical assistance provider that furnishes medical assistance as\ndefined in section three hundred sixty-five-a of this title, to a child\ndescribed in paragraph (a) of this subdivision shall be eligible for\nmedical assistance reimbursement for such assistance regardless of\nwhether the child has been issued a medical assistance identification\ncard, client identification number or other proof of eligibility.\nReimbursement under this section shall be in accordance with the\nprovisions of this title, including, as appropriate, section 364-j of\nthis title and all other applicable laws, rules, regulations and\nadministrative directions.\n
N.Y. VAT Law § 2281 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2281
Definitions
Status: in_force

§ 2281. Definitions. For the purposes of this article:  1. (a) "All\nterrain vehicle" or "ATV" means any self-propelled vehicle which is\nmanufactured for sale for operation primarily on off-highway trails or\noff-highway competitions and only incidentally operated on public\nhighways providing that such vehicle does not exceed seventy inches in\nwidth, or one thousand pounds dry weight. Provided, however, this\ndefinition shall not include a "snowmobile" or other self-propelled\nvehicles manufactured for off-highway use exclusively designed for\ntravel on snow or ice, steered by skis or runners and supported in whole\nor in part by one or more skis, belts or cleats which utilize an endless\nbelt tread.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the term "all terrain vehicle" or "ATV" shall not include\nany vehicle used for agricultural purposes or for snowplowing, other\nthan for hire, provided, however, that any such vehicle shall register\nas an "all terrain vehicle" or "ATV" pursuant to the provisions of this\narticle if such vehicle is used or is intended to be used for any\npurpose other than agricultural purposes or for snowplowing and shall be\nregulated in accordance with provisions governing the operation of "all\nterrain vehicles" or "ATV's" while in such use.\n  2. "Dealer" means any person engaged in the business of selling ATVs\nat wholesale or retail.\n
N.Y. VAT Law § 2230 — New York Code / Act VAT / Title 11 / Article 47 / Section 2230
Suspension and revocation of registrations; offenses; penalties
Status: in_force

§ 2230. Suspension and revocation of registrations; offenses;\npenalties.  1. The commissioner may suspend or revoke a registration\nissued pursuant to the provisions of this article, upon satisfactory\nproof of a violation of any provision of this article, or of the parks,\nrecreation and historic preservation law at the request of the\ncommissioner of parks, recreation and historic preservation, or of any\nrule, regulation, order, local law or ordinance adopted or promulgated\npursuant thereto.  Such suspension or revocation shall be issued only\nafter a hearing unless such a hearing is waived by the registrant. Upon\nsaid suspension or revocation, all rights and privileges accruing to\nsuch registrant shall terminate.\n  2. a. Except as provided in paragraph b of this subdivision, any\nperson who violates any provision of this article or regulation adopted\npursuant thereto shall be guilty of a violation punishable by a fine of\nup to two hundred dollars, and one-half of such fine shall be deposited\nin the snowmobile trail development and maintenance fund as set forth in\nsection 21.07 of the parks, recreation and historic preservation law.\n  b. Any person who violates the provisions of paragraph a of\nsubdivision one of section twenty-two hundred twenty-two of this article\nshall be guilty of a violation punishable by a fine of not less than two\nhundred dollars nor more than five hundred dollars, except if the\nviolation consists of failure to renew a registration which was valid\nwithin sixty days the fine shall be not more than fifty dollars.\nOne-half of such fines shall be deposited in the snowmobile trail\ndevelopment and maintenance fund as set forth in section 21.07 of the\nparks, recreation and historic preservation law.\n
N.Y. ENV Law § 71-1115 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1115
Enforcement of section 15-1525
Status: in_force

§ 71-1115. Enforcement of section 15-1525.\n  Any person violating the provisions of section 15-1525 shall be guilty\nof a violation punishable by a fine of not more than one thousand\ndollars, and in addition thereto, shall be liable for a civil penalty of\nnot more than fifteen hundred dollars.\n
N.Y. ENV Law § 21-1107 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1107
Cooperative services
Status: in_force

§ 21-1107. Cooperative services.\n  Departments, agencies and officers shall provide technical and\nadministrative services to the interstate commission on the Lake\nChamplain basin upon request.\n
N.Y. PBA Law § 1299-O — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-O
Exemption from taxation
Status: in_force

§ 1299-o. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\npurposes is in all respects for the benefit of the people of the state\nof New York and for the improvement of their health, welfare and\nprosperity and is a public purpose, and that the authority will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. Without limiting the generality\nof the following provisions of this section, property owned by the\nauthority, property leased by the authority and used for transportation\npurposes, and property used for transportation purposes by or for the\nbenefit of the authority exclusively pursuant to the provisions of a\njoint service arrangement or of a joint facilities agreement or trackage\nrights agreement shall all be exempt from taxation and special ad\nvalorem levies. The authority shall be required to pay no fees, taxes or\nassessments, whether state or local, except special benefit assessments\nif said property is located in a special benefit district, including but\nnot limited to fees, taxes or assessments on real estate, franchise\ntaxes, sales taxes or other excise taxes, upon any of its property, or\nupon the use thereof, or upon its activities in the operation and\nmaintenance of its facilities or on any fares, tolls, rentals, rates,\ncharges or other fees, revenues or other income received by the\nauthority and the bonds of the authority and the income therefrom shall\nat all times be exempt from taxation, except for gift and estate taxes\nand taxes on transfers. This section shall constitute a covenant and\nagreement with the holders of all bonds issued by the authority. The\nterms "taxation" and "special ad valorem levy" shall have the same\nmeanings as defined in section one hundred two of the real property tax\nlaw and the term "transportation purposes" shall have the same meaning\nas used in titles two-a and two-b of article four of such law.\n
N.Y. ENV Law § 54-1109 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1109
Contracts for state assistance payments for coastal rehabilitation
Status: in_force

§ 54-1109. Contracts for state assistance payments for coastal\n             rehabilitation.\n  1. The commissioner may, in the name of the state, enter into\ncontracts with municipalities or not-for-profit corporations, to provide\nstate assistance payments toward the cost of coastal rehabilitation\nprojects which shall include the following provisions:\n  a. an estimate of the costs of the project as determined by the\ncommissioner;\n  b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality or not-for-profit corporation during the progress of\nproject development or following completion of the project as may be\nagreed upon by the parties, in an amount not to exceed the amounts\nestablished elsewhere in this title; and\n  c. an agreement by the municipality or not-for-profit corporation:\n  (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n  (ii) to undertake and maintain the coastal rehabilitation project in\naccordance with applicable law and rules and regulations;\n  (iii) to provide for the payment of the municipality's or\nnot-for-profit corporation's share of the cost of the project;\n  (iv) to assume the full cost of any additional elements or continued\noperation of the project;\n  (v) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the municipality or not-for-profit corporation fails to\ncomplete the project as approved. No repayment, however, shall be\nrequired where the commissioner determines that such failure,\ndisposition or change of use was immediately necessary to protect public\nhealth and safety;\n  (vi) to apply for and make reasonable efforts to secure federal\nassistance for the project; and\n  (vii) to not sell, lease, or otherwise dispose of or use lands\nrehabilitated under this title for any purpose inconsistent with the\nproject for a period of seven years from the commissioner's approval of\nthe project.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality or\nnot-for-profit corporation. Such records shall be retained by the\ncommissioner and shall establish the basis for recalculation of the\nstate payment as required herein.\n
N.Y. PBA Law § 1276-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-A
Annual audit of authority
Status: in_force

§ 1276-a. Annual audit of authority. The comptroller shall conduct an\nannual audit of the books and records of the authority and its\nsubsidiary corporations. Such audit shall include a complete and\nthorough examination of such authority's receipts, disbursements,\nrevenues and expenses during the prior fiscal year in accordance with\nthe categories or classifications established by such authority for its\nown operating and capital outlay purposes; assets and liabilities at the\nend of its last fiscal year including the status of reserve,\ndepreciation, special or other funds and including the receipts and\npayments of these funds; schedule of bonds and notes outstanding at the\nend of its fiscal year and their redemption dates, together with a\nstatement of the amounts redeemed and incurred during such fiscal year;\noperations, debt service and capital construction during the prior\nfiscal year.\n  The comptroller, upon completion of such audit, shall within sixty\ndays thereafter, report to the governor and the legislature his\nfindings, conclusions and recommendations thereof.\n
N.Y. PBA Law § 1271 — New York Code / Act PBA / Article 5 / Title 11 / Section 1271
Agreement of the state
Status: in_force

§ 1271. Agreement of the state. The state does hereby pledge to and\nagree with the authority and its subsidiaries, New York city transit\nauthority and its subsidiaries, and Triborough bridge and tunnel\nauthority, and the holders of any notes, bonds or other obligations,\nincluding lease obligations, issued or incurred under this title, that\nthe state will not limit or alter the denial of authority under\nsubdivision nine of section twelve hundred sixty-nine of this title, or\nthe rights and powers vested in the authority and its subsidiaries, New\nYork city transit authority and its subsidiaries, and Triborough bridge\nand tunnel authority by this title to fulfill the terms of any\nagreements made by any of them with the holders thereof, or in any way\nimpair the rights and remedies of such holders until such notes, bonds\nor other obligations, including lease obligations, together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses for which the authority or its subsidiaries,\nNew York city transit authority and its subsidiaries, and Triborough\nbridge and tunnel authority is liable in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged. The authority and its subsidiaries, New York city transit\nauthority and its subsidiaries, and Triborough bridge and tunnel\nauthority are each authorized to include this pledge and agreement of\nthe state in any agreement with the holders of such notes, bonds or\nother obligations, including lease obligations.\n