N.Y. PBA Law § 1020-C*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-C*2
Green Island power authority
Status: in_force

* § 1020-c. Green Island power authority. 1. There is hereby created\nand established a public corporation, to be known as the "Green Island\npower authority". The authority shall be a body corporate and politic\nconstituting a public benefit corporation, the objects of which in the\njudgment of the legislature cannot be attained under general laws.\n  2. The authority shall have the power to acquire such real estate and\nother property as may be necessary for its corporate purposes, to sue\nand be sued, to incur debts, liabilities and obligations, to issue bonds\nand other evidences of indebtedness, to have a seal, and to exercise all\npowers authorized by this title and reasonably necessary for\naccomplishing its purposes, or properly incidental thereto, subject to\nthe provisions herein contained and to the constitution and laws of the\nUnited States and of the state.\n  3. The authority and its existence shall continue for a period of\ntwelve years and thereafter until all its liabilities have been met and\nits bonds have been paid in full or such liabilities and bonds have\notherwise been discharged and thereupon all rights and properties of the\nauthority then remaining shall pass to and be vested in the village.\n  4. The authority shall consist of five members, to be residents of the\nvillage and be appointed by the board of trustees on designation of the\nmayor. The term of office of a member shall be five years, but in the\nfirst instance such members shall be appointed to hold office, one for\none year, one for two years, one for three years, one for four years and\none for five years, the term of each to be fixed by the resolution\nmaking the appointment. Upon resignation of a member, or a vacancy\noccurring in any other manner, it shall be filled by appointment for the\nunexpired term. In other respects, all vacancies shall be filled in the\nmanner corresponding to the original appointment.\n  5. The members of the authority may appoint an executive committee of\nnot less than three members and may delegate full powers to such\ncommittee. They may appoint such other committees of not less than three\nmembers each with such powers as they may provide. They may elect one of\nthe members as a chairman and may elect or appoint other officers and\ndetermine their powers. They may by a vote of a majority of members\nadopt by-laws and provide for their annual and regular meetings and for\nthe calling of special meetings. The treasurer of the village shall be\nex-officio treasurer of the authority and his compensation as such\ntreasurer shall be fixed by the members. Each member before entering\nupon the duties of his office shall take the constitutional oath of\noffice, which shall be filed in the office of the secretary of state.\nThree members shall constitute a quorum for the transaction of business\nand the concurrence of three members at a meeting shall be necessary to\nthe validity of any resolution, order or determination. Any member may\nbe removed by the board of trustees for inefficiency, neglect of duty or\nmisconduct in office, after a hearing upon charges and an opportunity to\nbe heard in person or by counsel upon not less than ten days' notice.\nThe members shall receive such salary as shall be determined by the\nboard of trustees. They shall receive no reimbursement for the ordinary\nexpenses of attending meetings, but may by resolution of the members be\nallowed their expenses of a special or extraordinary nature. A member\nmay receive additional compensation to be fixed by the members, if\nappointed an officer of the authority.\n  6. No public officer or employee shall be ineligible for appointment\nas a member or officer of the authority and any public officer or\nemployee may accept such appointment and serve as a member or officer\nwithout forfeiture of any other public office or position of public\nemployment by reason thereof. Any one or more members or officers of the\nauthority may be an officer or employee of the village. In the event\nthat an officer or employee of the village shall be appointed as a\nmember or officer of the authority, acceptance or retention of such\nappointment shall not be deemed a forfeiture of his village office or\nemployment, or incompatible therewith or affect his tenure or\ncompensation in any way.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the village of Green Island and the state\nof New York, and that said purposes are public purposes and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n  8. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority except as otherwise provided in this subdivision.\n  a. The authority's rates, services and practices with respect to power\nand energy purchased from the power authority of the state of New York\nshall be subject to regulation by such power authority pursuant to the\nprovisions of the power authority act and any contract between the two\nauthorities.\n  b. The authority's rates, services and practices with respect to power\nand energy that is either (i) generated by an electric plant owned,\noperated or managed by the authority, or (ii) purchased by the authority\nfrom sources other than the power authority of the state of New York\nshall be subject to regulations of the public service commission under\nthe provisions of the public service law.\n  ** c. Articles seven and eight of the public service law shall apply\nto the authority's siting and operation of a major electric transmission\nfacility as therein defined and article ten of the public service law\nshall apply to the authority's siting and operation of a major electric\ngenerating facility as therein defined.\n  ** NB Effective until December 31, 2040\n  ** c. Article seven of the public service law shall apply to the\nauthority's siting and operation of a major transmission facility as\ntherein defined and article ten of the public service law shall apply to\nthe authority's siting and operation of a major electric generating\nfacility as therein defined.\n  ** NB Effective December 31, 2040\n  * NB There are 2 § 1020-c's\n
N.Y. PBA Law § 1021-C — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-C
North Country power authority service area; extension of service area
Status: in_force

§ 1021-c. North Country power authority service area; extension of\nservice area. 1. The service area of the North Country power authority\nshall include all the territory located within so much of the county of\nFranklin as constitutes the Towns of Bombay, Fort Covington, Moira and\nWestville, and so much of the county of St. Lawrence as constitutes the\nTowns of Brasher, Canton, Colton, DeKalb, Edwards, Fowler, Gouverneur,\nHermon, Lisbon, Louisville, Madrid, Norfolk, Pierrepont, Potsdam,\nRussell, Stockholm, and Waddington and the Villages of Canton, Norwood,\nand Potsdam or such portions thereof as shall be determined by the\ndirectors, but the service area shall exclude the portions of said\nmunicipalities in Franklin and St. Lawrence counties which are served as\nof the effective date of this title by another existing non-profit\nmunicipal electric utility. The service area of the North Country power\nauthority shall include such other territories, as shall be determined\nby the directors, wholly within Franklin or St. Lawrence county, and\nadjacent to one or more of the above-referenced municipalities, in which\nrate payers rely on uninterrupted electric service from power facilities\nof the authority located within said municipalities. A map of the\nservice area shall be filed in the offices of the county clerks of\nFranklin and St. Lawrence counties.\n  2. The service area of the North Country power authority may be\nextended at any time to include additional territory within Franklin or\nSt.  Lawrence counties by the directors in accordance with the following\nprocedure, provided however, the procedure does not conflict with any\nrule or regulation of the public service commission or any other law.\nWhenever the directors determine that the territory included within the\nservice area should be extended, consistent with the provisions of this\ntitle, the directors shall adopt a resolution proposing the additional\nterritory, wholly within Franklin or St. Lawrence county, to be\nincluded, which may be all the territory within one or more named\nmunicipalities or, by adequate description, a portion of any such\nmunicipality or municipalities. The directors shall fix the dates, hours\nand places for three public hearings before such directors upon the\nquestion of such extension and cause notice thereof and of the\nadditional territory to be included within the service area to be\npublished in two newspapers of general circulation in the county not\nless than twenty nor more than thirty days before such date. At least\none of such hearing shall be held within the bounds of the proposed\nadditional territory. At such time the directors shall hear all persons,\ntaxpayers or officials who may wish to be heard and shall finally\ndetermine the additional territory, if any, to be included in such\nextension. Such determination shall be made by resolution of the\ndirectors adopted by a two-thirds vote of all directors then in office.\nA map of the service area, as extended, shall thereupon be filed in the\noffices of the county clerks of Franklin and St. Lawrence counties.\n
N.Y. EDN Law § 235-A — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 235-A
New York state biodiversity research institute
Status: in_force

§ 235-a. New York state biodiversity research institute. 1. The New\nYork state biodiversity research institute is hereby created within the\nNew York state museum within the education department. The purposes of\nthe institute shall include:\n  (a) advising the governor, governmental agencies, the regents, and the\nlegislature on matters relating to biodiversity in New York state;\n  (b) fostering, pursuing and sponsoring collaborative biological and\necological research;\n  (c) increasing understanding of biodiversity research and conservation\nneeds in New York by establishing and reporting on what is known and\nwhat is not known about the biological diversity of the state;\n  (d) identifying priority needs for biodiversity research and inventory\nwork within New York that currently are not receiving adequate\nattention, and identifying public or private entities that are best\nsituated to address such needs, thereby leading to better coordination\nof biodiversity research efforts in the state;\n  (e) promoting awareness of existing and new sources of biodiversity\ninformation and biodiversity expertise among planners, policy makers,\nand resource managers;\n  (f) educating elected officials, governmental agencies, and the\ngeneral public on biodiversity issues through such means as it may\ndetermine;\n  (g) organizing and sponsoring meetings on biodiversity topics;\n  (h) encouraging the establishment of networks of collaborating\nscientists engaged in related aspects of biodiversity research;\n  (i) raising sensitivity to biodiversity concerns among state and local\ngovernment agencies, and serving as a forum for enhanced interagency\ninformation sharing and cooperation;\n  (j) recommending priority activities for funding through the state\nland biodiversity stewardship account, created pursuant to section\nninety-seven-oo of the state finance law;\n  (k) assisting the commissioners of environmental conservation and\nparks, recreation and historic preservation in conducting reviews,\npursuant to section 3-0302 of the environmental conservation law and\nsubdivision eighteen of section 3.09 of the parks, recreation and\nhistoric preservation law, of lands currently in state ownership, to\nidentify lands and waters that harbor plants, animals, and ecological\ncommunities that are rare in New York state;\n  (l) assisting the commissioner of parks, recreation and historic\npreservation in identifying ecologically significant sites within state\nparks and historic sites that are candidates for park preserve or park\npreservation area designation pursuant to article twenty of the parks,\nrecreation and historic preservation law; and\n  (m) assisting the commissioner of environmental conservation in\nidentifying lands of ecological significance, currently in state\nownership, to recommend to the governor and the legislature for\ndedication to the state nature and historical preserve trust pursuant to\narticle forty-five of the environmental conservation law.\n  2. Definitions. When used in this section, the following terms shall\nmean:\n  (a) "Biodiversity" or "biological diversity" means the total variety\nof living organisms found in the state, and the natural processes that\nsupport them; and\n  (b) "Institute" shall mean the New York state biodiversity research\ninstitute created pursuant to subdivision one of this section.\n  3. Research programs. The institute shall foster, pursue and sponsor\noriginal systematic and ecological research, field studies, and\ninventories of biological collections that are designed to:\n  (a) increase the information base pertaining to plant, animal,\nbiological community, and ecosystem occurrences in the state, including\ndescriptions, collections and catalogs of fauna and flora, plant and\nanimal life-cycle requirements and characteristics, the dynamics of\necological processes, and the status of rare plants, animals, and\nbiological communities;\n  (b) detect, document, and interpret patterns and changes in the flora\nand fauna of the state, including expansions, losses, and introductions\nof species;\n  (c) explore and foster the gathering of data in poorly known or\nvulnerable areas of the state; and\n  (d) investigate techniques designed to conserve, protect, and manage\nbiodiversity.\n  4. Education and information transfer programs. The institute shall\nfoster the collection, transfer, and application of biodiversity\ninformation in the state by:\n  (a) fostering access, compatibility, interchange, and synthesis of\ndata among biological information systems maintained by public entities,\nacademic and research institutions, and private organizations;\n  (b) employing advanced technology to coordinate for ease of use the\nscattered biological collection resources of the state;\n  (c) promoting adherence to accepted standards for biodiversity\nresearch, including quality control for the collection of voucher\nspecimens and data, and protocols for responsible collection policies;\nand\n  (d) supporting the preparation and publication of interpretative works\nthat draw upon biological collection resources.\n  5. Biennial reports. The institute shall prepare and submit a report\non or before January first, nineteen hundred ninety-five and every two\nyears thereafter to the governor, the regents, and the legislature\ndescribing programs undertaken or sponsored by the institute, the status\nof knowledge regarding the state's biodiversity, and research needs\nrelated thereto.\n  6. Executive committee. The institute shall be guided by an executive\ncommittee. Members of the committee shall be from varying backgrounds\nwith members selected from the stewardship community, from the\nscientific community, as well as from government service. Such committee\nshall consist of seventeen members including the commissioner, the\ncommissioner of environmental conservation, the commissioner of parks,\nrecreation and historic preservation, the chancellor of the state\nuniversity of New York or their designees, seven at large members\nappointed by the governor, one of whom shall be chairperson, two members\nappointed by the temporary president of the senate, one member appointed\nby the minority leader of the senate, two members appointed by the\nspeaker of the assembly and one member appointed by the minority leader\nof the assembly. Appointed members shall serve for a term of three\nyears, provided that such members may be reappointed. The executive\ncommittee shall:\n  (a) adopt policies, procedures, and criteria governing the programs\nand operations of the institute;\n  (b) recommend to the governor and legislature appropriate actions to\nidentify, manage and conserve exemplary occurrences of common ecological\ncommunities on state-owned lands. An "exemplary occurrence of a common\necological community" shall mean a representative, high quality example\nof a given ecological community type, characterized by a distinctive\nassemblage of interacting plant and animal populations;\n  (c) develop and implement the research, education and information\ntransfer programs of the institute;\n  (d) identify and rate proposals for biodiversity research;\n  (e) identify and rate proposals for biodiversity stewardship;\n  (f) submit to the director of the budget, and the chairpersons of the\nsenate finance committee and the assembly ways and means committee on\nthe first day of October nineteen hundred ninety-three and on or before\nAugust first in each year thereafter, a budget request for the\nexpenditure of funds available from the biodiversity stewardship and\nresearch fund, for the purposes established by section ninety-seven-oo\nof the state finance law;\n  (g) meet publicly at least twice a year. The committee shall widely\ndisseminate notice of its meetings at least two weeks prior to each\nmeeting. The commissioners of environmental conservation, education and\nparks, recreation and historic preservation and the chancellor of the\nstate university shall aid in such dissemination.\n  7. Scientific working group. The executive committee shall appoint a\nscientific working group composed of not more than fifteen individuals\nrepresenting governmental agencies (including a biologist from the\ndepartment of environmental conservation), academic or research\ninstitutions, educational organizations, the forest products industry\nand non-profit conservation organizations. Members of the scientific\nworking group shall have knowledge and expertise in biodiversity\nconservation and research and shall serve for a term of three years,\nprovided, however that members may be reappointed for more than one term\nat the discretion of the executive committee. The scientific working\ngroup shall make recommendations to the executive committee with respect\nto:\n  (a) the identification of priority biodiversity research needs in the\nstate;\n  (b) the development and implementation of the institute's research,\neducation, and information transfer programs;\n  (c) the allocation and expenditure of funds from the biodiversity\nstewardship and research fund created pursuant to section\nninety-seven-oo of the state finance law;\n  (d) identification and rating of proposals for biodiversity research;\nand\n  (e) identification and rating of proposals for biodiversity\nstewardship.\n  8. Institute director. The institute shall have a director who shall\nbe appointed by the executive committee and shall after appointment be\nan employee of the state museum and science service. The institute\ndirector shall serve at the pleasure of the executive committee. The\ninstitute director shall serve as chief administrative officer of the\ninstitute and provide the necessary support for the executive committee.\n  9. Compensation. The members of the executive committee and the\nscientific working group shall serve without additional compensation,\nbut shall be eligible to receive reimbursement for their actual and\nnecessary expenses from the biodiversity stewardship and research fund\nestablished by section ninety-seven-oo of the state finance law,\nprovided however, members of the executive committee representing state\nagencies may receive reimbursement for their actual and necessary\nexpenses from their respective agencies. Members of the executive\ncommittee and scientific working group shall be considered state\nemployees for the purposes of sections seventeen and nineteen of the\npublic officers law.\n  10. Memorandum of understanding. The education department, the\ndepartment of environmental conservation, and the office of parks,\nrecreation and historic preservation shall enter into a written\nmemorandum of understanding to facilitate the appropriate implementation\nof the biodiversity research institute and the goals, responsibilities,\nand programs established by this section.\n
N.Y. UDC Law § 2403 — New York Code / Act UDC / Article 24 / Title 1 / Section 2403
Districts and number of judges therein
Status: in_force

§ 2403. Districts and number of judges therein. The county district\ncourt system shall be divided into judicial districts as follows: The\nentire district court system shall constitute the first judicial\ndistrict in which one district court judge shall be elected. Each town\nelecting to become part of the district court system, including the\nthree or more towns establishing the system, shall constitute another\njudicial district, provided, however, that any two or more contiguous\ntowns electing to become part of the district court system which have a\ncombined total population of less than sixty thousand according to the\nlast census, shall constitute one judicial district, but provided\nfurther, that if any of such towns shall thereafter attain a population\ngreater than thirty thousand, such town shall constitute another\njudicial district. In each judicial district there shall be elected one\ndistrict court judge. The supervisors elected in the towns comprising\nthe first judicial district may, upon the recommendation of the board of\njudges of the district courts, increase the number of judges in all or\nany one of the districts provided that such new judicial post or posts\nshall be filled for a full term at the next general election held not\nless than three months after the creation thereof. For the purpose of\nelecting such judges and for the purpose of determining the boundaries\nof such districts, any city hereafter created from the territory of any\ntown shall be considered to be part of that town.\n
N.Y. RPT Law § 301 — New York Code / Act RPT / Article 3 / Title 1 / Section 301
Valuation date
Status: in_force

§ 301. Valuation date. All real property subject to taxation, and\nassessed as of a March first taxable status date, shall be valued as of\nthe preceding first day of July. The valuation date of real property in\na city or town not subject to the provisions of this section shall be\ndetermined as of the date provided by law applicable to such city or\ntown, or if not so provided, then as of the taxable status date of the\ncity or town. The valuation date of the real property entered on any\nassessment roll shall be imprinted or otherwise indicated at the top of\nthe first page of each volume of such roll.\n
N.Y. RPT Law § 816 — New York Code / Act RPT / Article 8 / Title 1 / Section 816
Review by state board of real property tax services
Status: in_force

§ 816. Review by state board of real property tax services. The state\nboard of real property tax services shall have power on complaint to\nreview the equalization made by any county equalization agency. Such\nreview shall be brought by filing the complaint with the state board of\nreal property tax services at any time within thirty days from the date\non which notice was given pursuant to section eight hundred four of this\narticle. Notice of the hearing on such review shall be given by the\nstate board of real property tax services to the clerk of the county\nlegislative body, whose duty it shall be to transmit a copy of such\nnotice to each member of the county legislative body and to the chief\nexecutive officer of each city and town in the county.\n
N.Y. RPT Law § 701 — New York Code / Act RPT / Article 7 / Title 1 / Section 701
Definitions
Status: in_force

§ 701. Definitions. When used in this title:\n  1. "Approved assessing unit" shall mean an assessing unit certified by\nthe commissioner, pursuant to section nineteen hundred two of this\nchapter, as having completed a revaluation which is in conformance with\nthe commissioner's rules and regulations.\n  2. "Assessed valuation" or "assessed value" means the determination\nmade by assessors or the board of assessment review of the valuation of\nreal property, including the valuation of exempt real property.\n  3. "Class designation" shall mean:\n  (a) In an assessing unit other than a special assessing unit, the\ndetermination, pursuant to section nineteen hundred three of this\nchapter, of whether real property is included in the homestead class; or\n  (b) In a special assessing unit, the determination, pursuant to\nsection eighteen hundred two of this chapter, of whether real property\nis included in class one, two, three or four.\n  4. "Excessive assessment" or an assessment which is excessive shall\nmean and include:\n  (a) an entry on an assessment roll of the assessed valuation of real\nproperty which exceeds the full value of real property; or\n  (b) an entry on an assessment roll of the taxable assessed valuation\nof real property which is excessive because the real property failed to\nreceive all or a portion of a partial exemption to which the real\nproperty or owner thereof is entitled pursuant to the law authorizing\nthe partial exemption; or\n  (c) an entry on the assessment roll of an approved assessing unit of a\ntransition assessment which is excessive because of a failure to comply\nwith the provisions of section nineteen hundred four of this chapter; or\n  (d) an entry on the assessment roll of a special assessing unit of\nassessed valuation, an actual assessment or transition assessment for\nreal property which is excessive because of a failure to comply with the\nlimitations on increases in assessed value set forth in section eighteen\nhundred five of this chapter.\n  5. "Misclassification" or real property which is misclassified shall\nmean and include:\n  (a) an entry on an assessment roll of an incorrect class designation;\nor\n  (b) an entry on the assessment roll of an assessing unit other than a\nspecial assessing unit of a class designation which results in an\nincorrect allocation of parcel's assessed valuation between homestead\nreal property and the remainder of the parcel; or\n  (c) an entry on the assessment roll of a special assessing unit of a\nclass designation which results in an incorrect allocation of a parcel's\nassessed valuation between two or more classes.\n  6. "Special assessing unit" shall mean an assessing unit with a\npopulation of one million or more.\n  7. "Taxable assessed valuation" or "taxable assessed value" means the\nassessed valuation of real property less partial exemptions.\n  8. "Unequal assessment" or an assessment which is unequal shall mean\nand include:\n  (a) an entry on the assessment roll of an assessing unit other than a\nspecial assessing unit of the assessed valuation of real property which\nis made at a higher proportionate valuation than the assessed valuation\nof other real property on the same roll by the same officers; or\n  (b) an entry on the assessment roll of a special assessing unit of the\nassessed valuation of real property which is made at a higher\nproportionate valuation than the assessed valuation of other real\nproperty in the same class on the same roll by the same officer.\n  9. "Unlawful assessment" or an assessment which is unlawful shall mean\nand include:\n  (a) an entry on the taxable portion of the assessment roll of the\nassessed valuation of real property which, except for the provisions of\nsection four hundred ninety of this chapter, is wholly exempt from\ntaxation; or\n  (b) an entry on an assessment roll of the assessed valuation of real\nproperty which is entirely outside the boundaries of the assessing unit,\nthe school district or the special district in which the real property\nis designated as being located; or\n  (c) an entry on an assessment roll of the assessed valuation of real\nproperty which cannot be identified from the assessment roll description\nor tax map land parcel number on the assessment roll; or\n  (d) an entry of assessed valuation of real property on an assessment\nroll which has been made by a person or body without the authority to\nmake such entry; or\n  (e) an entry of assessed valuation of a special franchise on an\nassessment roll which exceeds the final assessment thereof as determined\nby the commissioner.\n
N.Y. VAT Law § 129-B — New York Code / Act VAT / Title 1 / Article 1 / Section 129-B
Parking lot
Status: in_force

§ 129-b. Parking lot. Any area or areas of private property near or\ncontiguous to and provided in connection with premises having one or\nmore stores or business establishments, and used by the public as a\nmeans of access to and egress from such stores and business\nestablishments and for the parking of motor vehicles of customers and\npatrons of such stores and business establishments.\n
N.Y. PBA Law § 1020-A*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-A*2
Definitions
Status: in_force

* § 1020-a. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\none thousand twenty-c of this title.\n  2. The term "bonds" shall mean bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title.\n  3. The term "comptroller" shall mean the comptroller of the state.\n  4. The term "civil service commission" shall mean the civil service\ncommission of the county of Albany.\n  5. The term "district" shall mean the Green Island power district\ncreated by section one thousand twenty-b of this title.\n  6. The term "board of trustees" shall mean the board of trustees of\nthe village of Green Island.\n  7. The term "mayor" shall mean the mayor of the village of Green\nIsland.\n  8. The term "properties" shall mean the power distribution system or\nsystems of the authority, whether situated within or without the\nterritorial limits of the district, including the plants, works,\nstructures, poles, lines, conduits, mains, systems, instrumentalities or\npart thereof and appurtenances thereto, lands, easements, rights in land\nand water rights, rights-of-way, contract rights, franchises,\ntransmission facilities and distribution facilities, or any other\nproperty incidental to and included in such system or part thereof, and\nany improvements, extensions or betterments.\n  9. The term "municipalities" shall mean any county, city, town,\nvillage, school district, and any other political subdivision of the\nstate.\n  10. The term "revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived from the operation of the\nproperties of the authority including, but not limited to, investment\nproceeds and proceeds of insurance, condemnation, and sales or other\ndisposition of assets, together with all federal, state or municipal\naid.\n  11. The term "state" shall mean the state of New York.\n  12. The term "village" shall mean the village of Green Island.\n  * NB There are 2 § 1020-a's\n
N.Y. EDN Law § 620 — New York Code / Act EDN / Title 1 / Article 13-B / Section 620
Definitions
Status: in_force

§ 620. Definitions. As used in this article, the following terms shall\nhave the following meanings unless otherwise specified:\n  1. "Borrower" shall mean a student attending a covered institution in\nthis state, or a parent or person in parental relation to such student,\nwho also obtains an educational loan from a lending institution to pay\nfor or finance higher education expenses.\n  2. "Covered institution" shall mean any college, vocational\ninstitution, or approved program as defined in section six hundred one\nof this title.\n  3. "Covered institution employee" shall mean any employee, agent,\ncontractor, director, officer or trustee of a covered institution.\n  4. "Educational loan" shall mean any loan that is made, insured, or\nguaranteed under Part B of Title IV of the Federal Higher Education Act\nof nineteen hundred sixty-five, as amended, any high risk loan or any\nprivate loan issued by a lending institution for the purposes of paying\nfor or financing higher education expenses.\n  5. "Gift" shall mean any discount, favor, gratuity, inducement, loan,\nstock, thing of value, or other item having more than nominal value.\n  a. The term "gift" shall include, but is not limited to:\n  (1) Any money, service, loan, entertainment, honoraria, hospitality,\nlodging costs, meals, registration fees, travel expenses, discount,\nforbearance or promise;\n  (2) Gifts provided in kind, by purchase of a ticket, payment in\nadvance, or reimbursement after expenses have been incurred;\n  (3) Any computer hardware for which the recipient pays below-market\nprices;\n  (4) Any printing costs or services.\n  b. The term "gift" shall not include any of the following:\n  (1) A lending institution's own brochure or promotional literature;\n  (2) Food, refreshments, training, or informational material furnished\nto a covered institution employee as an integral part of a training\nsession, if such training contributes to the professional development of\nthe covered institution employee.\n  c. Nothing in this article shall be construed to affect the private\nphilanthropic activities of banks or other lending institutions that are\nunrelated to educational loans.\n  6. "High risk loans" shall mean any agreement between a lending\ninstitution and a covered institution that provides for the lending\ninstitution to provide loans to students with a poor or no credit\nhistory, who would otherwise not be eligible for educational loans.\n  7. "Higher education expenses" shall include the following:\n  a. tuition and fees;\n  b. costs incurred for books, supplies, transportation, and\nmiscellaneous personal expenses; and\n  c. room and board costs.\n  8. "Lending institution" shall mean:\n  a. any entity that itself or through an affiliate makes educational\nloans to pay for or finance higher education expenses or that\nsecuritizes such loans;\n  b. any entity, or association of entities, that guarantees educational\nloans; or\n  c. any industry, trade or professional association or other entity\nthat receives money, related to educational loan activities, from any\nentity described above in paragraphs a and b of this subdivision.\n  9. "Preferred lender list" shall mean a list of one or more\nrecommended or suggested lending institutions that a covered institution\nmakes available for use, in print or any other medium or form, by\nborrowers, potential borrowers or others.\n  10. "Revenue sharing" shall mean any arrangement whereby a lending\ninstitution pays a covered institution or an affiliated entity or\norganization of such covered institution a percentage of the principal\nof each loan directed towards the lending institution from a borrower at\nthe covered institution.\n
N.Y. ENV Law § 21-0107 — New York Code / Act ENV / Article 21 / Title 1 / Section 21-0107
State contribution
Status: in_force

§ 21-0107. State contribution.\n  The state agrees to contribute to the commission such annual amount as\nmay be required for its several purposes under the terms of such\ncompact, within appropriations therefor.\n
N.Y. ELN Law § 14-105 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-105
Elimination of duplicate electronic filing
Status: in_force

§ 14-105. Elimination of duplicate electronic filing. 1. Any candidate\nor authorized political committee of a candidate required to file\nelectronically with the state board of elections shall be deemed to have\nsatisfied such filing requirements upon making electronic filings with a\nlocal campaign finance board, provided the state board of elections\ndetermines: (i) the filing format, standards and review and audit of\nfilings of such campaign finance board meet or exceed the requirements\nimposed by this article; and (ii) the campaign finance filing data of\nsuch local campaign finance board is publicly available in a manner at\nleast substantially equivalent to the board of elections publication of\ncampaign finance filings; and (iii) such local campaign finance board\nwill provide the chief enforcement counsel of the state board of\nelections notice of filing delinquencies and non-filings.\n  2. If the state board of elections permits filings with a local\ncampaign finance board to be deemed filings with the state board of\nelections, such board shall provide a link on its website to the public\ndisclosure and search functions of the website of such local campaign\nfinance board.\n  3. A determination permitting filings with a local campaign finance\nboard to be deemed filings with the state board of elections shall be\nrevoked upon a determination that the local campaign finance board no\nlonger complies with any one or more of the criteria enumerated in\nparagraphs (i), (ii) and (iii) of subdivision one of this section.\n
N.Y. RPT Law § 706 — New York Code / Act RPT / Article 7 / Title 1 / Section 706
Grounds for review; contents of petition
Status: in_force

§ 706. Grounds for review; contents of petition. 1. The grounds for\nreviewing an assessment shall be that the assessment to be reviewed is\nexcessive, unequal or unlawful, or that real property is misclassified.\n  2. A proceeding to review an assessment shall be founded upon a\npetition setting forth the respect in which the assessment is excessive,\nunequal or unlawful, or the respect in which real property is\nmisclassified and stating that the petitioner is or will be injured\nthereby. Such petition shall be duly verified by the petitioner, an\nofficer thereof, or by an agent thereof who has been authorized in\nwriting to verify and file such petition and whose authorization is made\na part of such petition. Such petition must show that a complaint was\nmade in due time to the proper officers to correct such assessment. Two\nor more persons having real property assessed upon the same roll who\nassert the same grounds for review presenting a common question of law\nor fact, may unite in the same petition.\n
N.Y. PBH Law § 2102 — New York Code / Act PBH / Article 21 / Title 1 / Section 2102
Communicable diseases; laboratory reports and records
Status: in_force

§ 2102. Communicable diseases; laboratory reports and records.  1.\nWhenever any laboratory examination discloses evidence of communicable\ndisease, the results of such examination together with all required\npertinent facts, shall be immediately reported by the person in charge\nof the laboratory or the person making such examination to the local or\nstate health official to whom the attending physician is required to\nreport such case.\n  2. The person in charge of such laboratory or the person making such\nexamination shall keep for a period of time to be specified by the\ncommissioner, a record of all the facts in connection with such\nexamination, including the identity of the person from whom the specimen\nis taken and the name of the physician, if any, sending such specimen.\n
N.Y. EDN Law § 223 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 223
Consolidation or merger of corporations
Status: in_force

§ 223. Consolidation or merger of corporations. Any two or more\ncorporations chartered under the powers of the regents or incorporated\nunder a special act of the legislature or under a general law for\npurposes for which a charter may be granted by the regents may enter\ninto an agreement for the consolidation or merger of such corporations,\nsetting forth the terms and conditions of consolidation or merger, the\nname of the proposed consolidated or merged corporation, the place or\nplaces where the institution or institutions to be maintained is or are\nto be located, the number of its directors, which may be five or more,\nthe time of the annual election and the names of the persons to be\ndirectors until the first or next annual meeting.\n  The agreement must be approved by three-fourths of the trustees or\ndirectors of such corporations at a meeting of the trustees or directors\nof each corporation, separately and specially called for that purpose,\nwhich approval, duly verified by the chairman and clerk of such meeting,\nshall be annexed to the petition. On presentation of a petition,\ntogether with the certificate of approval and the agreement for\nconsolidation or merger, and on such notice to interested parties as the\nregents shall prescribe, and after hearing such interested parties as\ndesire to be heard, the regents may make and execute an order for the\nconsolidation or merger of the corporations on such terms and conditions\nas the regents may prescribe. When such order is made, such corporations\nshall become one corporation by the name designated in the order, and\nshall be subject only to such duties and obligations as a corporation\nformed under this chapter for the same purposes; and all the property\nbelonging to the corporations so consolidated or merged shall be vested\nin and transferred to the new or surviving corporation, which shall be\nsubject to all the liabilities of the former corporations, to the same\nextent as if they had been contracted or incurred by it. If any\ncorporation so consolidated or merged was incorporated under a special\nact of the legislature or under a general law pursuant to which its\ncertificate of incorporation was filed with the department of state, the\nregents shall deliver a certified copy of the order of consolidation or\nmerger to such department.\n
N.Y. EDN Law § 1107 — New York Code / Act EDN / Title 1 / Article 23 / Part 1 / Section 1107
County bonds for land and buildings
Status: in_force

§ 1107. County bonds for land and buildings.  A county vocational\neducation and extension board established by a board of supervisors\npursuant to the provisions of part one of this article shall be deemed\nto be a department of the county for the purposes of this section, and\nthe board of supervisors of such county may acquire land, construct\nbuildings and other facilities for the use of the vocational education\nand extension board of the county and shall have the power to expend\nmoneys for and make appropriations to pay the cost thereof and to\nfinance the cost thereof pursuant to the local finance law.\n
N.Y. EDN Law § 806 — New York Code / Act EDN / Title 1 / Article 17 / Section 806
Courses of instruction in highway safety and traffic regulation; school safety patrols
Status: in_force

§ 806. Courses of instruction in highway safety and traffic\nregulation; school safety patrols.  1. The regents of The University of\nthe State of New York shall prescribe courses of instruction in highway\nsafety and traffic regulation which shall include bicycle safety, to be\nmaintained and followed in all the schools of the state. The boards of\neducation and trustees of the several cities and school districts of the\nstate shall require instruction to be given in such courses, by the\nteachers employed in the schools therein. All pupils attending such\nschools shall attend upon such instruction.\n  Similar courses of instruction shall be prescribed and maintained in\nprivate schools in the state, and all pupils in such schools shall\nattend upon such courses. If such courses are not so established and\nmaintained in a private school, attendance upon instruction in such\nschool shall not be deemed substantially equivalent to instruction given\nto pupils of like grade in the public schools in the city or district in\nwhich such pupils reside.\n  2. The regents shall determine the subjects to be included in such\ncourses of instruction in highway safety and traffic regulation\nincluding bicycle safety, and the period of instruction in each of the\ngrades in such subjects.  They shall adopt rules providing for\nattendance upon such instruction and for such other matters as are\nrequired for carrying into effect the teaching of the courses of\ninstruction prescribed by this section.  The commissioner of education\nshall be responsible for the enforcement of such section and shall cause\nto be inspected and supervise the instruction to be given in such\nsubjects. The commissioner may, in his discretion, cause all or a\nportion of the public school money to be apportioned to a district or\ncity to be withheld for failure of the school authorities of such\ndistrict or city to provide instruction in such courses and to compel\nattendance upon such instruction, as herein prescribed, and for a\nnoncompliance with the rules of the regents adopted as herein provided.\n  3. Any board of education or school district board is empowered to\norganize in the school over which it has control a school safety patrol\nand, with the written consent of the parents, to appoint pupils as\nmembers thereof for the purpose of influencing and encouraging the safe\nuse of highways and highway crossings and bicycles by the pupils of the\nschool. Nothing herein contained shall be construed to authorize or\npermit the use of any safety patrol member for the purpose of directing\nvehicular traffic nor shall any safety patrol member be stationed in\nthat portion of the highway intended for the use of vehicular traffic.\nSuch patrol shall function only under the direction and control of the\nprincipal or teacher in charge of such school. No liability shall attach\neither to the school district or any individual, trustee, board member,\nsuperintendent, principal, teacher or other school authority by virtue\nof the organization, maintenance or operation of a school safety patrol\norganized, maintained and operated under authority of this section.\n
N.Y. GOB Law § 11-103 — New York Code / Act GOB / Article 11 / Title 1 / Section 11-103
Compensation for injury caused by the illegal sale of controlled substances
Status: in_force

§ 11-103. Compensation for injury caused by the illegal sale of\ncontrolled substances. 1. (a) Any person who is injured in person,\nproperty, means of support or otherwise by a person whose abilities are\nimpaired by the use of a controlled substance, or by reason of such\nperson's impairment, shall have a right of action against any person who\ncaused or contributed to such impairment by unlawfully selling to or\nunlawfully assisting in procuring a controlled substance for such\nperson.\n  (b) In any such action, the injured person shall have a right to\nrecover actual and exemplary damages.\n  2. In case of the death of either party, the action or right of action\ngiven by this section shall survive to or against his or her executor or\nadministrator, and the amount so recovered by either a husband, wife or\nchild shall be his or her sole and separate property.\n  3. Such action may be brought in any court of competent jurisdiction.\n  4. In any case where parents shall be entitled to such damages, either\nthe father or mother may sue alone therefor, but recovery by one of such\nparties shall be a bar to suit brought by the other.\n  5. The term "controlled substance" when used in this section, means\nand includes any substance listed in section thirty-three hundred six of\nthe public health law.\n
N.Y. ENV Law § 15-0111 — New York Code / Act ENV / Article 15 / Title 1 / Section 15-0111
Public Authorities Law and Administrative Code of the City of New York are not affected
Status: in_force

§ 15-0111. Public Authorities Law and Administrative Code of the City of\n             New York are not affected.\n  Nothing contained in this article shall be deemed or construed as\namending, repealing, altering or otherwise modifying in whole or in part\nany provision of Title 1, Article 5 of the Public Authorities Law, as\namended, with respect to Power Authority of the State of New York, or\nany provision of Title K of Chapter fifty-one and Title D of Chapter 15\nof the Administrative Code of the City of New York, as amended, with\nrespect to the City of New York, and such acts shall remain in full\nforce and effect, except that notwithstanding the provisions of this\nsection and title 3 of article 1 of this chapter, section 15-0103 and\ntitle 8 of this article shall apply to the city of New York, its\nagencies and departments. Nothing in this article shall be deemed or\nconstrued as adding to, diminishing or otherwise modifying the rights,\npowers, duties and obligations granted to and imposed upon Power\nAuthority of the State of New York and the City of New York, its or\ntheir agencies and departments by such statutes or any other statutes,\nexcept that notwithstanding the provisions of this section and title 3\nof article 1 of this chapter, section 15-0103 and of title 8 of this\narticle shall apply to the city of New York, its agencies and\ndepartments.\n
N.Y. PBA Law § 1020-D — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-D
Board of trustees
Status: in_force

* § 1020-d. Board of trustees. 1. Starting on January first, two\nthousand fourteen, the board of the authority shall be constituted and\nconsist of nine trustees all of whom shall be residents of the service\narea, five of whom shall be appointed by the governor, one of whom the\ngovernor shall designate as chair, and serve at his or her pleasure, two\nof whom shall be appointed by the temporary president of the senate, and\ntwo of whom shall be appointed by the speaker of the assembly. One of\nthe governor's appointees shall serve an initial term of two years; one\nof the governor's appointees shall serve an initial term of three years;\nand three of the governor's appointees shall serve an initial term of\nfour years. One of the appointees of the temporary president of the\nsenate and one of the appointees of the speaker of the assembly shall\nserve initial terms of two years; and one appointee of the temporary\npresident of the senate and one appointee of the speaker of the assembly\nshall serve initial terms of three years. Thereafter, all terms shall be\nfor a period of four years. In the event of a vacancy occurring in the\noffice of trustee by death, resignation or otherwise, the respective\nappointing officer shall appoint a successor who shall hold office for\nthe unexpired portion of the term.\n  2. No trustee shall receive a salary, but each shall be entitled to\nreimbursement for reasonable expenses in the performance of duties\nassigned hereunder.\n  3. Notwithstanding the provisions of any other law, no trustee,\nofficer or employee of the state, any state agency or municipality\nappointed a trustee shall be deemed to have forfeited or shall forfeit\nhis or her office or employment by reason of his or her acceptance of a\ntrusteeship on the authority, his or her service thereon or his or her\nemployment therewith.\n  4. All trustees appointed under this section shall have relevant\nutility, corporate board or financial experience.\n  * NB There are 2 § 1020-d's\n
N.Y. DOM Law § 75-C — New York Code / Act DOM / Article 5-A / Title 1 / Section 75-C
Application to Indian tribes
Status: in_force

§ 75-c. Application to Indian tribes. 1. A child custody proceeding\nthat pertains to an Indian child as defined in the Indian Child Welfare\nAct, 25 U.S.C. § 1901 et seq., is not subject to this article to the\nextent that it is governed by the Indian Child Welfare Act.\n  2. A court of this state shall treat a tribe as if it were a state of\nthe United States for the purpose of applying this title and title two\nof this article.\n  3. A child custody determination made by a tribe under factual\ncircumstances in substantial conformity with the jurisdictional\nstandards of this article must be recognized and enforced under title\nthree of this article.\n
N.Y. PAB Law § 12 — New York Code / Act PAB / Title 1 / Section 12
New York state bond allocation policy advisory panel
Status: in_force

* § 12. New York state bond allocation policy advisory panel.\n  1. There is hereby created a policy panel and process to provide\npolicy advice regarding the priorities for distribution of the statewide\nceiling.\n  2. The panel shall consist of five members, one designee being\nappointed by each of the following: the governor, the president pro-tem\nof the senate, the speaker of the assembly, the minority leader of the\nsenate and the minority leader of the assembly. The designee of the\ngovernor shall chair the panel.\n  The panel shall monitor the allocation process through the year, and\nin that regard, the division of the budget and the department of\neconomic development shall assist and cooperate with the panel as\nprovided in this section. The advisory process shall operate through the\nissuance of advisory opinions by members of the panel as provided in\nsubdivision 6 of this section. A meeting may be held at the call of the\nchair with the unanimous consent of the members.\n  3. a. Upon receipt of a request for allocation or a request for\napproval of a carryforward election from the statewide reserve from a\nlocal agency or other issuer, the commissioner shall, within five\nworking days, notify the panel of such request and provide the panel\nwith copies of all application materials submitted by the applicant.\n  b. Upon receipt of a request for allocation or a request for approval\nof carryforward election from the statewide reserve from a state agency,\nthe director shall, within five working days, notify the panel of such\nrequest and provide the panel with copies of all application materials\nsubmitted by the applicant.\n  4. a. Following receipt of a request for allocation from a local\nagency or other issuer, the commissioner shall notify the panel of a\ndecision to approve or exclude from further consideration such request,\nand shall state his reasons. Such notification shall be made with or\nafter the transmittal of the information specified in subdivision 3 of\nthis section and at least five working days before formal notification\nis made to the applicant.\n  b. Following receipt of a request for allocation from a state agency,\nthe director shall notify the panel of a decision to approve or exclude\nfrom further consideration such request, and shall state his reasons.\nSuch notification shall be made with or after the transmission of the\ninformation specified in subdivision 3 of this section and at least five\nworking days before formal notification is made to the state agency.\n  5. The requirements of subdivisions 3 and 4 of this section shall not\napply to adjustments to allocations due to bond sizing changes.\n  6. Special procedure for certain decisions. In the event that any\ndecision to approve or to exclude from further consideration a request\nfor allocation is made within ten working days of the end of the\ncalendar year and in the case of all requests for consent to a\ncarryforward election, the commissioner or director, as is appropriate,\nshall provide the panel with the longest possible advance notification\nof his action, consistent with the requirements of the code, and shall,\nwherever possible, solicit the opinions of the members of the panel\nbefore formally notifying any applicant of his action. Such notification\nmay be made by means of telephone communication to the members or by\nwritten notice delivered to the Albany office of the appointing\nauthority of the respective members.\n  7. Advisory opinions by members of the panel. Upon notification by the\ndirector or the commissioner, any member of the panel may, within five\nworking days, notify the commissioner or the director of any policy\nobjection concerning the expected action. If three or more members of\nthe panel shall submit policy objections in writing to the intended\naction, the commissioner or the director shall respond in writing to the\nobjection prior to taking the intended action unless exigent\ncircumstances make it necessary to respond after the action has been\ntaken.\n  ** 8. Reports. On or before the thirty-first day of January, in any\nyear, the director shall report to the members of the New York state\nbond allocation policy advisory panel on the actual utilization of\nvolume cap for the issuance of bonds during the prior calendar year and\nthe amount of such cap allocated for carryforwards for future bond\nissuance. The report shall include, for each local agency or other\nissuer and each state agency the initial allocation, the amount of bonds\nissued subject to the allocation, the amount of the issuer's allocation\nthat remained unused, the allocation of the statewide bond reserve,\ncarry forward allocations and recapture of allocations. Further, the\nreport shall include projections regarding private activity bond\nissuance for state and local issuers for the calendar year, as well as\nany recommendations for legislative action.\n* * NB Repealed January 31, 1991\n* NB Repealed January 1, 1991\n
N.Y. RPT Law § 402 — New York Code / Act RPT / Article 4 / Title 1 / Section 402
United States or state property held under contract of sale
Status: in_force

§ 402.  United States or state property held under contract of sale.\n1.  Whenever the legal title of real property is in the United States,\nor in the state of New York, but the use, occupation or possession\nthereof is in a person, partnership, association or corporation under a\ncontract of sale or other agreement whereby a right to acquire the\npremises through an option, a first privilege or a first refusal is\ngranted, or whereby upon one or more payments the legal title thereto is\nto be or may be acquired by such person, partnership, association or\ncorporation, his or its interest in such real property shall be assessed\nand taxed as real property and shall be entered in the assessment roll\nin the same manner as if such person, partnership, association or\ncorporation held the legal title to such property, except for the\naddition to the description of the words "interest under contract",\n"interest under option", or other appropriate words descriptive of the\ninterest in the property so assessed.  Such assessment shall be at the\nfull value of such interest.\n  2.  The assessors shall add to the assessment roll opposite the\ndescription of any such interest a notation stating that the real\nproperty itself so owned by the United States, or by the state, is not\nto be taxed.  Every notice of sale or other process and every conveyance\nor other instrument affecting the title to any such property, consequent\nupon the non-payment of any such tax, shall contain a statement that\nsuch legal title is not sold or to be sold or affected.\n  3.  The classification of such interest as real property for the\npurposes of taxation under this chapter shall not be affected by any\nprovision of the contract or agreement under which the same is held.\n
N.Y. RPT Law § 1212 — New York Code / Act RPT / Article 12 / Title 1 / Section 1212
Certification of final state equalization rates, class ratios and class equalization rates
Status: in_force

§ 1212. Certification of final state equalization rates, class ratios\nand class equalization rates. After establishing the final state\nequalization rate, class ratios and class equalization rates, if\nrequired, for a city, town, village, special assessing unit, or approved\nassessing unit or eligible non-assessing unit village which has adopted\nthe provisions of section nineteen hundred three of this chapter, the\ncommissioner shall file a certificate with the chief executive officer\nof such city, town, village, special assessing unit, or approved\nassessing unit or eligible non-assessing unit village which has adopted\nthe provisions of section nineteen hundred three of this chapter setting\nforth such final state equalization rate, class ratios and class\nequalization rates and identifying the assessment roll for which it was\nestablished. The certification of the final state equalization rate,\nclass ratios, and class equalization rates, if required, shall occur no\nlater than thirty days prior to the last date set by law for levy of\ntaxes of any municipal corporation to which such equalization rate,\nclass ratios, and class equalization rates are applicable. A duplicate\ncertificate for each city, town, village within a county, special\nassessing unit and approved assessing unit and eligible non-assessing\nunit village which has adopted the provisions of section nineteen\nhundred three of this chapter or a certified statement setting forth the\nfinal rates for all the cities, towns, villages within a county, special\nassessing units and approved assessing units and eligible non-assessing\nunit villages which have adopted the provisions of section nineteen\nhundred three of this chapter shall be filed with the clerk of the board\nof supervisors thereof and in the office of the state comptroller.\n
N.Y. PBH Law § 2995-C — New York Code / Act PBH / Article 29-D / Title 1 / Section 2995-C
Health care plan and preferred provider organization data
Status: in_force

§ 2995-c. Health care plan and preferred provider organization data.\n1.  Collection. The department shall collect for dissemination via a\nstatewide health information system, any health care plan and preferred\nprovider organization data collected for public dissemination pursuant\nto the quality assurance reporting requirements developed by the\ndepartment in conjunction with the national committee on quality\nassurance.\n  2. Preparation of data and public review. The department shall\nthereafter prepare the collected health care plan and preferred provider\norganization data for dissemination. The department shall provide each\nhealth care plan with a copy of the health care plan and preferred\nprovider organization data to be disseminated concerning it. In a manner\nand time required by the department, the health care plan shall be\nprovided with an opportunity to correct factual inaccuracies, and to\nfile a statement in a form prescribed by the department concerning the\ndata, which statement shall be disseminated with the data.\n  3. Dissemination. The department shall thereafter disseminate the\ncollected health care plan and preferred provider organization data,\norganized and segregated by type of product and type of organization\noffering the product, with corrections and statements, if any. The\ndepartment shall share preferred provider organization data with the\nsuperintendent of financial services.\n  (a) Thereafter, the health care plan and preferred provider\norganization data so disseminated shall be updated at regular intervals\nto be determined by the committee.\n  (b) All health care plan and preferred provider organization data\ndisseminated shall include the following statement: "THE DATA COLLECTED\nBY THE DEPARTMENT IS ACCURATE TO THE BEST OF THE KNOWLEDGE OF MEMBERS\nAND STAFF, BASED ON THE INFORMATION SUPPLIED BY THE HEALTH CARE PLAN\nWHICH IS THE SUBJECT OF THE DATA."\n  (c) If the department determines that any data to be disseminated\npursuant to this section is not useful for determinations concerning\nhealth care quality, the department shall recommend to the legislature\nthe necessary statutory changes.\n
N.Y. ENV Law § 57-0105 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0105
Legislative findings and intent
Status: in_force

§ 57-0105. Legislative findings and intent.\n  The legislature hereby finds that eastern Long Island contains a\nmaritime region of statewide importance known as the Pine\nBarrens-Peconic Bay system.\n  The legislature finds that within the Pine Barrens-Peconic Bay system\nthe federal, state, county and local governments own and manage\nsignificant properties in the form of parks, preserves, historic sites\nand protected open space, where there is an interdependent and\nreciprocal relationship between human activities and natural processes,\nand where fishing, agriculture and tourism have been the dominant\nindustries for more than three hundred fifty years.\n  The legislature also finds that within the Pine Barrens-Peconic Bay\nsystem natural processes have created unique landforms such as Robin's\nIsland, Shelter Island, Gardiners' Island, Fisher's Island, Long\nIsland's North and South Forks, and numerous wetlands, bluffs and\nbeaches.\n  The legislature finds that the Long Island Pine Barrens, an area\nencompassing over one hundred thousand acres in the county of Suffolk,\nis of critical importance to the state because it overlies the largest\nsource of pure groundwater in New York. The Pine Barrens are\ninterconnected to the Peconic Bay system by the Peconic River, the\nlongest groundwater river in New York, and the ecologic and hydrologic\nintegrity of this system should be protected in a comprehensive plan\nadopted by the state and individual local governments.\n  The legislature also finds that the Pine Barrens-Peconic Bay system\ncontains one of the greatest concentrations and diversities of\nendangered, threatened and special concern species of plants and animals\nto be found in the state, and that protection of their habitats is in\nthe best interest of the people of New York.\n  The legislature further finds that the Pine Barrens-Peconic Bay system\ncontains many other unique natural, agricultural, historical, cultural\nand recreational resources that are mutually supportive and ultimately\ndependent upon maintenance of the hydrologic and ecologic integrity of\nthis region.\n  Therefore, the legislature finds that the purpose of this title is to\nallow the state and local governments to protect, preserve and properly\nmanage the unique natural resources of the Pine Barrens-Peconic Bay\nsystem and to encourage coordination of existing programs and studies\naffecting land and water resources in the region and to protect the\nvalue of the existing public and private investment that has already\nbeen made to acquire land in the region.\n  The legislature further finds that a portion of the system known as\nthe Central Pine Barrens area requires the preparation and\nimplementation of a state supported regional comprehensive land use plan\nthat will provide for the preservation of the core preservation area,\nprotection of the Central Pine Barrens area and for the designation of\ncompatible growth areas to accommodate appropriate patterns of\ndevelopment and regional growth with recognition of the rights of\nprivate land owners and the purpose of preservation of the core area.\n  The legislature recognizes that the provisions of this title may\nrestrict the beneficial use of some lands currently in private\nownership. These restrictions are deemed to be necessary and desirable\nto protect and preserve the hydrologic and ecologic integrity of the\nCentral Pine Barrens area as well as the public's health and welfare for\nfuture generations. The legislature intends that a comprehensive\nregional land use plan be implemented whereby private landowners whose\nproperty is located within the Central Pine Barrens area are afforded an\nopportunity to receive benefits from the plan such as transferable\ndevelopment rights, conservation easements, rights and values transfers,\npurchase of development rights and/or fee acquisition with monetary\ncompensation.\n
N.Y. BNK Law § 1005 — New York Code / Act BNK / Article 15 / Title 1 / Section 1005
Certificates as evidence
Status: in_force

§ 1005. Certificates as evidence. 1. Any certificate or other\ninstrument filed by the superintendent relating to a corporation or a\nforeign corporation and containing statements of fact required or\npermitted by law to be contained therein, shall be received in all\ncourts, public offices and official bodies as prima facie evidence of\nsuch facts and of the execution of such instrument.\n  2. Whenever by the laws of any jurisdiction other than this state, any\ncertificate by any officer in such jurisdiction or a copy of any\ninstruments certified or exemplified by any such officer, may be\nreceived as prima facie evidence of the incorporation, existence or\ncapacity of any foreign corporation incorporated in such jurisdiction,\nor claiming so to be, such certificate when exemplified, or such copy of\nsuch instrument when exemplified shall be received in all courts, public\noffices and official bodies of this state, as prima facie evidence with\nthe same force as in such jurisdiction. Such certificate or certified\ncopy of such instrument shall be so received, without being exemplified,\nif it is certified by the secretary of state, or official performing the\nequivalent functions as to corporate records, of such jurisdiction.\n
N.Y. PBH Law § 4200 — New York Code / Act PBH / Article 42 / Title 1 / Section 4200
Cadavers; duty of burial
Status: in_force

§ 4200. Cadavers; duty of burial.  1. Except in the cases in which a\nright to dissect it is expressly conferred by law, every body of a\ndeceased person, within this state, shall be decently buried, naturally\norganically reduced, or incinerated within a reasonable time after\ndeath.\n  2. The provisions of this section shall not impair the right to carry\nthe body of a deceased person through this state, or to remove from this\nstate the body of a person who has died within it, for the purpose of\nburying the same elsewhere.\n
N.Y. EDN Law § 610 — New York Code / Act EDN / Title 1 / Article 13-A / Section 610
Liberty scholarships
Status: in_force

§ 610. Liberty scholarships. 1. Establishment of liberty scholarships.\nThe president of the higher education services corporation shall award\nliberty scholarships for payment annually beginning with the nineteen\nhundred ninety-one--nineteen hundred ninety-two academic year, and in\neach academic year thereafter, to students eligible pursuant to\nsubdivision two of this section. In administering this program, the\npresident is hereby authorized to exercise all powers and duties\nauthorized under article fourteen of this chapter.\n  2. Eligibility for scholarship. Liberty scholarships shall be awarded\nto persons:\n  a. who have applied for such scholarship;\n  b. who have graduated from a secondary school located within New York\nstate or have received a high school equivalency diploma from New York\nstate;\n  c. who have not attained the age of twenty-two as of June thirtieth\nprior to the academic year for which the initial award is received and\nwho are undergraduate students receiving aid under this chapter for the\nfirst time during academic year nineteen hundred ninety-one--nineteen\nhundred ninety-two or thereafter;\n  d. who have enrolled in an approved program in a degree-granting\ninstitution located in New York state within twenty-four months of the\ndate that the recipient graduated from secondary school or received a\nhigh school equivalency diploma, provided that those students who are\ntemporarily unable to avail themselves of the award due to illness,\nmilitary service or other causes in accordance with rules of the board\nof regents prior to receipt of the first payment of an award may be\ngranted a leave of absence pursuant to regulations of the trustees of\nthe higher education services corporation;\n  e. who satisfy the requirements of section six hundred sixty-one of\nthis chapter;\n  f. who retain good academic standing as defined by the commissioner;\nand\n  g. who qualify for a scholarship pursuant to subdivision six of this\nsection.\n  3. Application. Application for payment of a liberty scholarship shall\nbe made in conjunction with an application for tuition assistance in\naccordance with rules of the board.\n  4. Application for other student financial assistance. a. A student\nenrolled in a program of full-time study shall not be entitled to\nreceive a scholarship unless the recipient (1) receives a tuition\nassistance award or supplemental tuition assistance award pursuant to\nsection six hundred sixty-seven or six hundred sixty-seven-a of this\nchapter and (2) receives a Pell grant award pursuant to section one\nthousand seventy-a of title twenty of the United States code.\n  b. A recipient enrolled in a program of part-time study shall not be\nentitled to receive a scholarship unless the recipient receives a Pell\ngrant award pursuant to section one thousand seventy-a of title twenty\nof the United States code.\n  5. Duration. a. Subject to the requirements of subdivision two of this\nsection, a recipient shall be entitled to an annual scholarship for not\nmore than (1) four academic years of full-time undergraduate study or\nthe equivalent thereof of part-time study, or (2) five academic years,\nor the equivalent thereof of part-time study, if the program of study\nnormally requires five years, as defined by the commissioner pursuant to\narticle thirteen of this chapter.\n  b. For purposes of this subdivision and subdivision fourteen of\nsection six hundred five of this chapter, the term "part-time study"\nmeans enrollment for at least six but less than twelve semester hours,\nor the equivalent, per semester or at least four but less than eight\nsemester hours per quarter in an approved undergraduate program.\n  c. Any semester, quarter or term of attendance during which a student\nreceives an award for part-time study pursuant to this section shall be\ncounted as one-half of a semester, quarter or term, as the case may be,\ntoward the maximum term of eligibility for tuition assistance awards\npursuant to section six hundred sixty-seven of this chapter.\n  6. Amount. a. The president shall grant annual scholarships in the\nfollowing amounts:\n  (1) If the recipient attends an institution of the city university of\nNew York or an institution of the state university of New York other\nthan the statutory colleges at Cornell, the college of environmental\nscience and forestry at Syracuse and the college of ceramics at Alfred,\nthe annual scholarship award shall be an amount equal to the non-tuition\ncost of attendance at such institution or college reduced by (i) the\namount of a Pell grant and (ii) the amount of such other state and\nfederal scholarships and grants, other than tuition assistance or\nsupplemental tuition assistance received under this chapter, which do\nnot require repayment, awarded to the recipient for the cost of\nattendance at the institution being attended, as reported to the\npresident; provided, however, that such scholarship shall be reduced one\ndollar for every three dollars of income in excess of eighteen thousand\ndollars of income; or\n  (2) If the recipient attends any other degree-granting institution\nwithin New York state and enrolls in a program approved by the\ncommissioner, the annual scholarship award shall be based upon an amount\nequal to the average non-tuition cost of attendance, as determined by\nthe commissioner in consultation with the president and as approved by\nthe director of the budget, for a student at the state university of New\nYork or actual non-tuition cost of attendance at such institution,\nwhichever is less, reduced by (i) the amount of a Pell grant the\nrecipient would have been entitled to had the recipient attended the\nstate university of New York and (ii) the amount of such other state and\nfederal scholarships and grants, other than tuition assistance or\nsupplemental tuition assistance received under this chapter, which do\nnot require repayment, awarded to the recipient for the cost of\nattendance at the institution being attended, as reported to the\npresident; provided, however, that such scholarships shall be reduced\none dollar for every three dollars of income in excess of eighteen\nthousand dollars of income.\n  (3) Scholarships and grants that reduce the cost of attendance for\npurposes of determining the amount of a scholarship award shall not\ninclude supplemental financial assistance provided on a last dollar\nbasis pursuant to the provisions of section sixty-four hundred fifty-one\nor sixty-four hundred fifty-two of this chapter.\n  (4) "Non-tuition cost of attendance", as used in this paragraph, shall\nmean: (i) the actual amount charged by the institution for room and\nboard and (ii) an allowance for transportation, books and supplies as\ndetermined by the commissioner in consultation with the president and as\napproved by the director of the budget, provided that such determination\nshall be made no later than December first of each year for use in the\nsucceeding academic year. In the event a student does not incur room or\nboard charges at the institution, "non-tuition cost of attendance" shall\nmean an allowance for room and board as determined by the commissioner\nin consultation with the president and approved by the director of the\nbudget. In determining allowances pursuant to this subparagraph, the\ncommissioner may take into consideration the allowances provided for in\nthe Pell grant program.\n  b. For the purposes of determining annual scholarships, the term\n"income" shall be determined in accordance with the provisions of\nsection six hundred sixty-three of this chapter, except that in making\nsuch determination, adjusted gross income, as defined in regulations of\nthe trustees of the corporation, shall be used instead of New York state\nnet taxable income.\n  c. In no event shall the combination of all student financial aid\nreceived by a student exceed the recipient's total cost of attendance at\nthe institution being attended.\n  7. Ineligibility for a tuition assistance, supplemental tuition\nassistance or Pell grant award in a particular academic year shall not\nprevent a recipient from receiving a liberty scholarship award in any\nsubsequent year in which such recipient shall become eligible for a\ntuition assistance, supplemental tuition assistance or Pell grant award,\nprovided, however, the seven-year period referred to in subdivision\nseven of section six hundred sixty-five of this chapter, or an\neight-year period for part-time study, shall not have elapsed.\n  8. Relationship to educational opportunity programs. Liberty\nscholarship recipients who qualify for admission to the educational\nopportunity programs established in section sixty-four hundred fifty-one\nor sixty-four hundred fifty-two of this chapter shall in no way be\nprecluded from participation in such programs as a result of their\nstatus as liberty scholarship recipients. Recipients who qualify and are\nselected for participation in the opportunity programs shall be eligible\nto receive the same tutoring and counseling services provided to other\neducational opportunity program students, and shall be eligible to\nreceive supplemental financial assistance through the educational\nopportunity programs for any approved costs not otherwise funded under\nsuch scholarship.\n  9. Notification. The superintendent of schools or other chief school\nofficer of each public school district and the chief school officer of\nnonpublic secondary schools shall take steps to inform students and\nparents about the liberty scholarship program and various types of\nstudent financial aid that are available for their college educations.\nThe corporation, in cooperation with the commissioner, shall assist such\nefforts by making available to school districts, nonpublic secondary\nschools and students information relating to such programs and aid. In\naddition, the commissioner, in cooperation with the president and school\nofficials shall also provide such other information as is appropriate to\nencourage students to complete high school and to assist students in\npreparing to attend college.\n  10. Regulations. All regulations of the commissioner or regulations of\nthe trustees of the corporation to implement the provisions of this\narticle shall be subject to the approval of the director of the budget.\n
N.Y. EDN Law § 409-A — New York Code / Act EDN / Title 1 / Article 9 / Section 409-A
Eye safety devices for certain students and teachers
Status: in_force

§ 409-a. Eye safety devices for certain students and teachers.  1. The\nboard of education, trustees, principal or other person in charge of\nevery public or private school or educational institution within the\nstate, wherein shops or laboratories are conducted providing\ninstructional or experimental programs involving:\n  a. Hot solids, liquids or molten metals; or\n  b. Milling, sawing, turning, shaping, cutting, or stamping of any\nsolid materials; or\n  c. Heat treatment, tempering, or kiln firing of any metal or other\nmaterials; or\n  d. Gas or electric arc welding; or\n  e. Repair or servicing of any vehicle; or\n  f. Caustic or explosive chemicals or materials, shall arrange for and\nrequire, in accordance with regulations of the commissioner, that every\nstudent and teacher participating in any such program wear eye safety\ndevices at the times and under the conditions prescribed in such\nregulations.\n  2. The commissioner shall by regulation prescribe the safety standards\nto be met before the use of any eye safety device may be required and\nshall include in such regulations requirements relating to the times and\nconditions when and under which such eye safety devices shall be worn.\n  3. Visitors to such shops or laboratories shall be furnished with and\nrequired to wear such eye safety devices at the times and under the\nconditions prescribed in such regulations while in such shops or\nlaboratories.\n
N.Y. RPT Law § 510-A — New York Code / Act RPT / Article 5 / Title 1 / Section 510-A
Notice to property owners of changes in the taxable status of their property
Status: in_force

§ 510-a. Notice to property owners of changes in the taxable status of\ntheir property. 1. Notwithstanding the provisions of any general,\nspecial or local law to the contrary, the assessors in towns, counties,\nand cities, having power to determine the taxable status of property for\ntax purposes shall, not later than ten days prior to the date for\nhearing complaints in relation to assessments, or in the case of the\ncity of New York, not later than thirty days prior to the final date for\nfiling an appeal, mail to each owner of such real property in their\ntown, city or county a notice of change which said assessors have made\nin the taxable status of such property from the status of (a) wholly\nexempt to taxable in whole or in part or (b) taxable in part to taxable\nin whole. Such notice shall include a statement of the date or dates and\ntimes at which the board of assessment review shall meet to hear\ncomplaints with respect to assessments. Provided, however, that no such\nnotice shall be required when a STAR exemption has been removed upon the\nrequest of the property owner or at the direction of the commissioner.\n  2. Failure to mail any such notice or failure of the owner to receive\nthe same shall not prevent the levy, collection and enforcement of the\npayment of taxes on such real property.\n  3. The provisions of subdivision one of this section shall not apply\nto any assessing unit which sends an assessment disclosure notice and,\nif thereafter required, a notice of change, pursuant to section five\nhundred eleven of this chapter; provided such notice addresses the\ndiscontinuance of an exemption granted on the assessment roll of the\npreceding year to the property for which the notice is sent.\n
N.Y. MRE Law § 202 — New York Code / Act MRE / Article 6 / Title 1 / Section 202
Egress from dwellings
Status: in_force

§ 202. Egress from dwellings. 1. Nursing and convalescent homes, homes\nfor the aged and boarding and nursery schools, two stories in height\nerected after July first, nineteen hundred fifty-seven, child caring\ninstitutions, two stories in height erected after July first, nineteen\nhundred sixty-two, and all dwellings three or more stories in height\nshall have at least two fire-stairs. Except as otherwise specifically\nprovided in subdivision four, such fire-stairs shall extend from the\nentrance story to the roof and be equipped with fireproof self-closing\ndoors glazed with wire glass and without transoms. No windows shall be\nrequired in such stairs, but any openings in exterior walls, except any\nwindow openings facing a street or yard, shall be equipped with\nfireproof frame and sash and glazed with wire glass.\n  2. Every such fire-stair shall have an entrance on the entrance story\nfrom a street or an entrance at the side or rear of the dwelling from a\nyard, court or passageway having continuous, safe and unobstructed\naccess to a street. Every required stair and stair-landing shall be at\nleast three feet eight inches in clear width.\n  3. There shall be horizontal access from every apartment to at least\ntwo fire-stairs, at least one of which shall be within one hundred feet\nhorizontally in the line of travel from a required means of egress from\nsuch apartment.\n  4. A dwelling as a rule transiently or temporarily occupied, in which\nat least eighty per centum of the living rooms above the second story\nopen directly upon a public hall without any intervening foyer or\nprivate hall, shall have at least two fire-stairs accessible at each\nstory from each room through a public hall. Such fire-stairs shall be so\nlocated that at least one fire-stair shall be not more than one hundred\ntwenty-five feet along the line of travel from the means of egress from\nany living room. Every such fire-stair shall have a clear width of at\nleast three feet eight inches. Two such fire-stairs shall be deemed\nadequate for seventy living rooms on any story.\n  5. Nursing and convalescent homes, homes for the aged, and boarding\nand nursery schools, one story in height, erected after July first,\nnineteen hundred fifty-seven, and child caring institutions, one story\nin height, erected after July first, nineteen hundred sixty-two, shall\nhave at least two means of egress from the dwelling accessible to every\napartment providing free and unobstructed egress by a door opening to\nthe outer air.\n
N.Y. LAB Law § 939 — New York Code / Act LAB / Article 32 / Title 1 / Section 939
Judicial review
Status: in_force

§ 939. Judicial review. The action of the commissioner in suspending,\nrevoking or refusing to issue or renew a license, or issuing an order\ndirecting the cessation of unlicensed activity or imposing a fine or\nreprimand may be appealed by a proceeding brought under and pursuant to\narticle seventy-eight of the civil practice law and rules.\n
N.Y. GOB Law § 7-108 — New York Code / Act GOB / Article 7 / Title 1 / Section 7-108
Deposits made by tenants of non-rent stabilized dwelling units
Status: in_force

§ 7-108. Deposits made by tenants of non-rent stabilized dwelling\nunits.  1. This section shall apply to all dwelling units in residential\npremises, unless such dwelling unit is specifically referred to in\nsection 7-107 of this title.\n  1-a. Except in dwelling units subject to the city rent and\nrehabilitation law or the emergency housing rent control law, continuing\ncare retirement communities licensed pursuant to article forty-six or\nforty-six-A of the public health law, assisted living providers licensed\npursuant to article forty-six-B of the public health law, adult care\nfacilities licensed pursuant to article seven of the social services\nlaw, senior residential communities that have submitted an offering plan\nto the attorney general, or not-for-profit independent retirement\ncommunities that offer personal emergency response, housekeeping,\ntransportation and meals to their residents:\n  (a) No deposit or advance shall exceed the amount of one month's rent,\nunless the deposit or advance is for a seasonal use dwelling unit as\nprovided for in subdivisions four and five of this section, or unless\nthe deposit or advance is for an owner-occupied cooperative apartment as\nprovided for in subdivision six of this section.\n  (b) The entire amount of the deposit or advance shall be refundable to\nthe tenant upon the tenant's vacating of the premises except for an\namount lawfully retained for the reasonable and itemized costs due to\nnon-payment of rent, damage caused by the tenant beyond normal wear and\ntear, non-payment of utility charges payable directly to the landlord\nunder the terms of the lease or tenancy, and moving and storage of the\ntenant's belongings. The landlord may not retain any amount of the\ndeposit for costs relating to ordinary wear and tear of occupancy or\ndamage caused by a prior tenant.\n  (c) After initial lease signing but before the tenant begins\noccupancy, the landlord shall offer the tenant the opportunity to\ninspect the premises with the landlord or the landlord's agent to\ndetermine the condition of the property. If the tenant requests such\ninspection, the parties shall execute a written agreement before the\ntenant begins occupancy of the unit attesting to the condition of the\nproperty and specifically noting any existing defects or damages. Upon\nthe tenant's vacating of the premises, the landlord may not retain any\namount of the deposit or advance due to any condition, defect, or damage\nnoted in such agreement. The agreement shall be admissible as evidence\nof the condition of the premises at the beginning of occupancy only in\nproceedings related to the return or amount of the security deposit.\n  (d) Within a reasonable time after notification of either party's\nintention to terminate the tenancy, unless the tenant terminates the\ntenancy with less than two weeks' notice, the landlord shall notify the\ntenant in writing of the tenant's right to request an inspection before\nvacating the premises and of the tenant's right to be present at the\ninspection. If the tenant requests such an inspection, the inspection\nshall be made no earlier than two weeks and no later than one week\nbefore the end of the tenancy. The landlord shall provide at least\nforty-eight hours written notice of the date and time of the inspection.\nAfter the inspection, the landlord shall provide the tenant with an\nitemized statement specifying repairs or cleaning that are proposed to\nbe the basis of any deductions from the tenant's deposit. The tenant\nshall have the opportunity to cure any such condition before the end of\nthe tenancy. Any statement produced pursuant to this paragraph shall\nonly be admissible in proceedings related to the return or amount of the\nsecurity deposit.\n  (e) Within fourteen days after the tenant has vacated the premises,\nthe landlord shall provide the tenant with an itemized statement\nindicating the basis for the amount of the deposit retained, if any, and\nshall return any remaining portion of the deposit to the tenant. If a\nlandlord fails to provide the tenant with the statement and deposit\nwithin fourteen days, the landlord shall forfeit any right to retain any\nportion of the deposit.\n  (f) In any action or proceeding disputing the amount of any amount of\nthe deposit retained, the landlord shall bear the burden of proof as to\nthe reasonableness of the amount retained.\n  (g) Any person who violates the provisions of this subdivision shall\nbe liable for actual damages, provided a person found to have willfully\nviolated this subdivision shall be liable for punitive damages of up to\ntwice the amount of the deposit or advance.\n  2. (a) In circumstances where any sum of money or any other thing of\nvalue deposited as security for the full performance by a tenant of the\nterms of his lease is not turned over to a successor in interest\npursuant to section 7-105 of this chapter, the grantee or assignee of\nthe leased premises shall also be liable to such tenant, upon conveyance\nof such leased premises, for the repayment of any such security deposit,\nplus accrued interest, as to which such grantee or assignee has actual\nknowledge.\n  (b) For purposes of this section, a grantee or assignee of the leased\npremises shall be deemed to have actual knowledge of any security\ndeposit which is (i) deposited at any time during the six months\nimmediately prior to closing or other transfer of title in any banking\norganization pursuant to subdivision two-a of section 7-103 of this\nchapter, or (ii) acknowledged in any lease in effect at the time of\nclosing or other transfer of title, or (iii) supported by documentary\nevidence provided by the tenant or lessee as set forth in paragraph (c)\nof this subdivision.\n  (c) With respect to any leased premises for which there is no record\nof security deposit pursuant to subparagraph (i) or (ii) of paragraph\n(b) of this subdivision, the grantee or assignee of the leased premises\nshall be obligated to notify the tenant thereof in writing no later than\nthirty days following the closing or other transfer of title to the fact\nthat there is no record of a security deposit for said leased premises\nand that unless the tenant within thirty days after receiving notice\nprovides him or it with documentary evidence of deposit, the tenant\nshall have no further recourse against him or it for said security\ndeposit. For purposes of this subdivision, "documentary evidence" shall\nbe limited to any cancelled check drawn to the order of, a receipt from,\nor a lease signed by any predecessor in interest, if such predecessor's\ninterest in the leased premises existed on or after the effective date\nof this section. Except as otherwise provided by subparagraphs (i) and\n(ii) of paragraph (b) of this subdivision the grantee or assignee of the\nleased premises shall not be charged with actual knowledge of the\nsecurity deposit where the tenant fails within the thirty-day period to\nprovide said documentary evidence. Where the grantee or assignee of the\nleased premises fails to notify the tenant as specified in this\nparagraph within thirty days following the closing or other transfer of\ntitle, the tenant shall be entitled to produce documentary evidence at\nany time.\n  (d) The grantee or assignee of the leased premises shall have the\nright to demand that the grantor or assignor thereof establish an escrow\naccount equal to one month's rent for any leased premises for which\nthere is no record of a security deposit pursuant to paragraph (b) of\nthis subdivision to be used for the purpose of holding harmless the\ngrantee or assignee in any case where, at a date subsequent to the\nclosing or other transfer of title, the tenant gives notice pursuant to\nparagraph (c) of this subdivision.\n  (e) The liability of a receiver for payment of any security deposit\nplus accrued interest pursuant to this subdivision shall be limited to\nthe amount of such deposit actually turned over to him or it pursuant to\nsubdivision one of section 7-105 of this chapter and to the operating\nincome in excess of expenses generated during his or its period of\nreceivership.\n  3. Any agreement by a lessee or tenant of a dwelling waiving or\nmodifying his rights as set forth in this section shall be absolutely\nvoid.\n  4. A dwelling unit shall qualify as a seasonal use dwelling unit for\nthe purpose of paragraph (a) of subdivision one-a of this section if it\nmeets all of the following conditions:\n  (a) The lease expressly provides that: (i) the dwelling unit is\nregistered as a seasonal use dwelling unit, indicating the local or\ncounty government agency with which it is registered; (ii) the occupancy\nof the tenant is only for seasonal use not to exceed one hundred twenty\ndays or a shorter period provided for in the lease; and (iii) such\ntenant has a primary residence to return to, the address of which is\nexpressly provided in the lease.\n  (b) Such dwelling unit is registered with the appropriate local\ngovernment or county registry as a seasonal use dwelling as provided for\nin subdivision five of this section.\n  (c) Such dwelling unit is not rented as a seasonal use dwelling unit\nfor more than one hundred twenty days during each calendar year.\n  5. In order for a dwelling unit to qualify as a seasonal use dwelling\nunit for the purpose of paragraph (a) of subdivision one-a of this\nsection, the local government with jurisdiction for building\nadministration over such unit or the county in which such unit is\nlocated shall have adopted a seasonal use dwelling unit registry and\nsuch unit shall be registered by filing a copy of the seasonal use lease\nand such additional information as the local government or county that\nadministers such registry may require. Such local government or county\nshall revoke the seasonal use dwelling unit registration of any dwelling\nunit that does not adhere to the conditions provided for in subdivision\nfour of this section.\n  6. A dwelling unit shall qualify as an owner-occupied cooperative\napartment for the purpose of paragraph (a) of subdivision one-a of this\nsection if it meets all of the following conditions:\n  (a) the tenant is the dwelling unit owner, purchaser or shareholder of\nsuch a cooperative housing corporation;\n  (b) such tenant has or will have after purchase exclusive occupancy of\nsuch dwelling unit individually and with the permitted occupants\npursuant to a proprietary lease or occupancy agreement and established\nand delimited rights under such lease or agreement; and\n  (c) such dwelling unit is not subject to the provisions of article\ntwo, article four, article five, or article eleven of the private\nhousing finance law. For the purposes of this paragraph, "deposit or\nadvance", as used in paragraph (a) of subdivision one-a of this section,\nshall not include any payments or advances that are part of the purchase\nprice of the unit or shares.\n
N.Y. LAB Law § 932 — New York Code / Act LAB / Article 32 / Title 1 / Section 932
License; procedure
Status: in_force

§ 932. License; procedure. 1. The commissioner shall establish minimum\nqualifications for licensing.\n  2. Applications for licenses and renewal licenses shall be submitted\nto the commissioner in writing on forms furnished by the commissioner\nand shall contain the information set forth in this section as well as\nany additional information that the commissioner may require.\n  3. An applicant for a license to perform mold assessment shall meet\nthe following minimum requirements:\n  (a) be eighteen years of age or older;\n  (b) have satisfactorily completed commissioner approved course work,\nincluding training on the appropriate use and care of personal\nprotection equipment;\n  (c) paid the appropriate fees as provided in subdivision six of this\nsection; and\n  (d) submitted insurance certificates evidencing workers' compensation\ncoverage, if required, and liability insurance of at least fifty\nthousand dollars providing coverage for claims arising from the licensed\nactivities and operations performed pursuant to this article.\n  4. An applicant for a license to perform mold remediation shall meet\nthe following minimum requirements:\n  (a) be eighteen years of age or older;\n  (b) have satisfactorily completed commissioner approved course work,\nincluding training on the appropriate use and care of personal\nprotection equipment;\n  (c) paid the appropriate fees as provided in subdivision six of this\nsection; and\n  (d) submitted insurance certificates evidencing workers' compensation\ncoverage, if required, and liability insurance of at least fifty\nthousand dollars providing coverage for claims arising from the licensed\nactivities and operations performed pursuant to this article.\n  5. An applicant for a license to perform mold abatement shall meet the\nfollowing minimum requirements:\n  (a) be eighteen years of age or older;\n  (b) have satisfactorily completed commissioner approved course work,\nincluding training on the appropriate use and care of personal\nprotection equipment; and\n  (c) paid the appropriate fees as provided in subdivision six of this\nsection.\n  6. The commissioner shall charge and collect the following\nnon-refundable fees which shall accompany each application:\n  (a) a fee for an initial application for a license as determined by\nthe commissioner, of not less than five hundred dollars nor more than\none thousand dollars for a mold remediation license, not less than one\nhundred fifty dollars nor more than three hundred dollars for a mold\nassessment license and not less than fifty dollars nor more than one\nhundred dollars for an individual mold abatement license;\n  (b) a fee for renewal of a license equal to the application fee; and\n  (c) a fee to be charged to a course provider for review of each course\nsubmitted for approval, as determined by the commissioner, of not less\nthan five hundred dollars and not more than one thousand dollars, and an\nadditional fee to be charged to a course provider of not less than one\nhundred dollars nor more than two hundred dollars for review of changes\nof technical content.\n
N.Y. EDN Law § 924 — New York Code / Act EDN / Title 1 / Article 19 / Section 924
Ingredient and nutritional information requirements
Status: in_force

§ 924. Ingredient and nutritional information requirements. a. All\ncontracts entered into for the two thousand twenty-three--two thousand\ntwenty-four school year, and thereafter, to provide, maintain and\noperate cafeteria or restaurant service by a private food service\nmanagement company shall include provisions requiring such private food\nservice management company to disclose ingredients lists and nutritional\ninformation to school districts for all meals that such company\nprovides. The private food service management company shall be required\nto consolidate nutritional information for any meal that is comprised of\nseparate individual ingredients. School districts and boards of\ncooperative educational services shall have no responsibility to provide\nnutritional information except pursuant to subdivision b of this\nsection.\n  b. All ingredients lists and nutritional information provided to\nschool districts shall be published and publicly shared on such school\ndistrict's website.\n
N.Y. LFN Law § 15.20 — New York Code / Act LFN / Article 2 / Title 1-A / Section 15.20
Limitations on amount of local indebtedness; exclusions of certain indebtedness
Status: in_force

§ 15.20 Limitations on amount of local indebtedness; exclusions of\ncertain indebtedness. a. The provisions of section 104.00 of this\nchapter shall be applicable in relation to the powers of counties,\ncities, towns, villages and school districts in cities to contract\nindebtedness, and the powers of other school districts to issue bonds\nand bond anticipation notes, in connection with a joint service or joint\nwater, sewage or drainage project; provided, however, that the amount of\nthe joint indebtedness of any such municipal corporation or municipality\ntherefor shall not exceed the amount allocated and apportioned as\nprovided in or pursuant to the provisions of section 15.10 of this\nchapter.\n  b. In ascertaining the power of a county, city, town or village to\ncontract indebtedness, there shall be excluded any joint indebtedness\nand any several indebtedness contracted to provide for the supply of\nwater. Any such indebtedness for such purpose shall not be excluded in\nascertaining the power of any school district to contract indebtedness.\nThe provisions of paragraph c of this section shall not apply to\nindebtedness contracted to provide for the supply of water.\n  c. In ascertaining the power of a county, city, town or village to\ncontract indebtedness there shall be excluded any joint indebtedness or\nseveral indebtedness contracted or proposed to be contracted for a joint\nservice, other than a joint sewage or drainage project, to the extent\npermitted by paragraph C of section five of article eight of the\nconstitution, as implemented by section 123.00 of this chapter. The\nprovisions of this paragraph shall not be deemed to affect or impair any\nother existing exclusions of indebtedness granted by any other provision\nof this chapter or the constitution. Any such municipal corporation, or\nall of such municipal corporations, participating in a joint service,\nother than a joint sewage or drainage project, may apply to the state\ncomptroller for a conclusive determination of the amount or amounts of\nany such indebtedness contracted or proposed to be contracted for such\njoint service to be excluded pursuant to the provisions of section\n123.00 of this chapter. The provisions of such section, other than\nsubdivision two of paragraph b thereof, shall be applicable in relation\nto any such application, and the procedural provisions thereof shall be\nliberally construed to effectuate the provisions of paragraph C of\nsection five of article eight of the constitution. Where there is a\njoint application and the fiscal years of the municipal corporations are\nnot the same, the term "preceding fiscal year," as used in section\n123.00, shall, for the purposes of this section, mean "preceding year."\nIf an application is not made jointly by all of the chief fiscal\nofficers of the participating municipal corporations, written notice of\nsuch application shall be given, prior to the filing of the application\nwith the state comptroller, to the chief fiscal officer of each\nparticipating municipal corporation not joining in such application. In\nthe case of a joint application the notice required to be published\nunder the provisions of paragraph h of section 123.00 shall be published\nin the official newspaper or newspapers of each of the participating\nmunicipal corporations, or if there be no such newspaper or newspapers,\nthen in one or more newspapers having general circulation in such\nmunicipal corporations as the finance boards shall designate, except\nthat where any newspaper is the official newspaper of all of the\nparticipating municipal corporations, or is the only newspaper\ndesignated by the finance boards as a newspaper having general\ncirculation in all of the participating municipal corporations, only one\nnotice need be published in any such newspaper. Where there is a joint\napplication in relation to a joint service which has been in operation\nfor one year, and the fiscal years of the municipal corporations are not\nthe same, the certificate of the state comptroller shall be effective\nonly until the first day of the fourth month following the close of the\nyear of operation described in the application.\n  d. In ascertaining the power of a municipality to contract\nindebtedness there shall be excluded all or any part of the joint\nindebtedness or several indebtedness contracted or proposed to be\ncontracted for a joint sewage or drainage project the amount or amounts\nof which shall be determined conclusively by the state comptroller in\nthe same manner as provided in paragraph c of this section, except that,\nin any proceeding under this paragraph, any requirement that the\nimprovement, or part thereof, or service shall have yielded net revenue\nduring the preceding fiscal year or preceding year in a sum equal to\ntwenty-five per centum or more of the amount required in such year for\nthe payment of the interest on an amortization of, or payment of,\nindebtedness, as set forth in subdivisions one and three of paragraph b\nand in subdivision two of paragraph c of section 123.00, shall not be\napplicable.\n
N.Y. PBA Law § 1021-B — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-B
North Country power authority
Status: in_force

§ 1021-b. North Country power authority. 1. A corporation known as the\nNorth Country power authority is hereby established and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a state authority, a body corporate and politic constituting a public\nbenefit corporation, a political subdivision of the state, exercising\ngovernmental and public powers, perpetual in duration, capable of suing\nand being sued and having a seal, and which shall have the powers and\nduties enumerated in this title, together with such others as may be\nconferred upon it by law.\n  2. The authority shall be governed by a board of directors consisting\nof nine directors, to be residents of the service area, and to be\nappointed by the governor. Seven such directors shall be appointed upon\nthe recommendation of the supervisors and mayors of the municipalities\nwithin the following regions, with the designations to be made in the\nfollowing manner: the village of Potsdam will designate one designee to\nbe forwarded to the governor; the village of Canton and the town of\nCanton will jointly designate one designee to be forwarded to the\ngovernor; the towns of Bombay, Brasher, Fort Covington, Moira and\nWestville will jointly designate one designee to be forwarded to the\ngovernor; the towns of Fowler and Gouverneur will jointly designate one\ndesignee to be forwarded to the governor; the towns of Lisbon,\nLouisville, Madrid, Norfolk and Waddington will jointly designate one\ndesignee to be forwarded to the governor; the towns of Potsdam,\nStockholm, Colton and the village of Norwood will jointly designate one\ndesignee to be forwarded to the governor; and the towns of DeKalb,\nEdwards, Hermon, Russell and Pierrepont will jointly designate one\ndesignee to be forwarded to the governor. Every decade the directors\nshall examine the population of the seven regions, and if needed, adjust\nthe make-up or demarcation of the regions, for the necessity or\nconvenience of performing its functions and administering its affairs\nand to maintain a reasonable equality of population between the regions.\nThe governor shall select one of the directors to serve as chair, and\nsuch chair shall serve at the pleasure of the governor. The term of\noffice of a director, including the director serving as chair, shall be\nfive years, but in the first instance such directors shall be appointed\nto hold office as follows: three for one year; three for three years;\nand three for five years. Upon resignation of a director, or a vacancy\noccurring in any other manner, such vacancy shall be filled by\nappointment for the unexpired term. In other respects, all vacancies\nshall be filled in the manner corresponding to the original appointment.\nEach director shall continue to hold office and serve until a successor\nis appointed, qualified and assumes office.\n  3. The members of the board shall serve without compensation but shall\nbe entitled to reimbursement of their actual and necessary expenses\nincurred in the performance of their official duties, as may be\nauthorized by the directors, in each case upon appropriate documentation\nby the submitting director. No director or any entity, the majority of\nwhich is owned or controlled by any director, shall receive any\nadditional compensation from NCPA or be employed by NCPA in any other\ncapacity by whatever means.\n  4. Five directors shall constitute a quorum for the transaction of\nbusiness, and the affirmative vote of five directors at a meeting shall\nbe necessary to the validity of any resolution, order or determination.\nThe directors, in by-laws or by resolution, may allow for attendance at\na meeting of the directors by speaker phone or any other electronic\nmeans by which all meeting participants can hear one another.\n  5. The directors shall appoint an executive committee of not less than\nthree directors and shall delegate such duties and responsibilities of\nthe directors to the executive committee as it may determine from time\nto time, except that the directors shall not delegate to the executive\ncommittee the power to authorize the issuance of securities. The\ndirectors may appoint such additional committees with such duties and\nresponsibilities as they may determine from time to time.\n  6. (a) The directors shall from time to time select such officers and\nemployees, including a chief executive officer and such engineering,\nmanagement and legal officers, and other professional employees,\nincluding but not limited to accounting, planning, construction,\nfinance, appraisal, banking and trustee services, as the directors may\nrequire for the performance of their duties and shall prescribe the\nduties and compensation of each such officer and employee.\n  (b) If any employees are hired as a consequence of an acquisition of\nthe assets of National Grid, they shall be hired subject and be entitled\nto all applicable provisions of (i) any existing contract or contracts\nwith labor unions and (ii) all existing pension or other retirement\nplans.  Notwithstanding the provisions of any general, special or local\nlaw, the board may determine that such class of employees of the\nauthority may elect to become members of the New York state employees'\nretirement system on the basis of compensation payable to them by the\nauthority.\n  7. (a) The authority shall be subject in all respects to the general\nsupervision and jurisdiction of the public service commission in the\nsame manner as a municipal electric utility is subject to the\njurisdiction of the public service commission under the public service\nlaw.\n  (b) The authority shall not make any commitment, enter into any\nagreement nor incur any indebtedness unless prior approval has been\nreceived from the New York state public authorities control board\npursuant to article one-A of this chapter.\n  (c) In addition to all of the powers of the public service commission,\nprior to acquiring any property and commencing operations, the authority\nshall secure an order from the commission authorizing such acquisition\nand commencement. The commission shall have the power to deny the\nauthority's application to acquire property and commence operations. The\nauthority shall comply with any and all requests for documents,\nmaterials, and testimony that the commission may seek. The commission\nshall consider, including but not limited to, the following factors\nbefore issuing an order: ratepayer impacts; system reliability;\nenvironmental impacts, conservation of energy resources; preservation or\ncreation of economic opportunities; power efficiency and availability;\npublic health and welfare; and any other factor it deems relevant. The\nauthority granted pursuant to this paragraph shall terminate upon\ncommencement of distribution of power.\n  8. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have securities outstanding, unless\nadequate provision has been made for the payment thereof.\n  9. In the event that the authority does not commence delivering\nelectric power within ten years of the effective date of this title, the\nauthority shall cease to exist and the provisions of this title shall be\nof no further force and effect, subject to the terms of any bonds, notes\nor other debt obligations then outstanding.\n
N.Y. EDN Law § 495-A — New York Code / Act EDN / Title 1 / Article 10-C / Section 495-A
Winter sports education trust fund; appointment of board of trustees to administer fund
Status: in_force

§ 495-a. Winter sports education trust fund; appointment of board of\ntrustees to administer fund.  1. There is hereby created in the custody\nof the comptroller the winter sports education trust fund.\n  2. Such fund shall consist of the state lottery revenues paid into the\nsame by the division of the lottery pursuant to the provisions of\nsubdivision five of section ninety-two-c of the state finance law and\nall increments to principal derived from investment gain, interest\naccumulation, and other sources of income.\n  3. The comptroller shall invest and keep invested all moneys belonging\nto the fund in the manner authorized by section ninety-eight of the\nstate finance law.\n  4. a. Commencing on or before August fifteenth, nineteen hundred\neighty-one and on or before the fifteenth day of August of each\nsucceeding year, the comptroller shall issue a certificate of earnings\nand accumulated income upon the principal of such trust fund as of the\nend of the preceding state fiscal year. Such certificate shall also\ninclude a statement of accumulated income for the prior fiscal years\nremaining unexpended at the close of such year.\n  b. The principal and the amount of earnings and accumulated income\nupon the principal of the trust fund for the prior fiscal year, as\nreported by the comptroller on August fifteenth annually, shall be\navailable for appropriation to the New York state olympic regional\ndevelopment authority. Any funds so appropriated shall be used for the\npurpose of supporting athletic and recreational education within the\nolympic region as defined in subdivision three of section two thousand\nsix hundred seven of the public authorities law and for retiring\noutstanding loan obligations of the olympic regional development\nauthority in the state fiscal year nineteen hundred\nninety-six--ninety-seven.  All expenditures from the fund for the\nhereinabove purposes shall be made on the audit and warrant of the\ncomptroller upon vouchers approved by the chairman of the fund.\n
N.Y. EDN Law § 923 — New York Code / Act EDN / Title 1 / Article 19 / Section 923
Sudden cardiac arrest
Status: in_force

§ 923. Sudden cardiac arrest. a. The commissioner shall review the\ninformation developed by the commissioner of health required by\nsubdivision thirty-one of section two hundred six of the public health\nlaw to assist in the education and awareness of the signs and symptoms\nof pending or increased risk of sudden cardiac arrest. Such information\nshall be posted on the department's website. In addition, each school\nshall be required to include such information developed by the\ndepartment of health, in conjunction with the department, in any\npermission form or parent or person in parental relation consent form or\nsimilar document that may be required for a student's participation in\ninterscholastic athletics and shall also include such information, or\nreference how to obtain such information from the department and the\ndepartment of health's websites, on the school's website, if one exists.\n  * b. The commissioner shall promulgate rules and regulations requiring\nthat any student displaying signs or symptoms of pending or increased\nrisk of sudden cardiac arrest shall be immediately removed from athletic\nactivities and shall not resume athletic activity until he or she has\nbeen evaluated by and received written and signed authorization from a\nlicensed physician. Such authorization shall be kept on file in the\npupil's permanent health record.\n  * NB Effective until August 25, 2026\n  * b. The commissioner shall promulgate rules and regulations requiring\nthat any student displaying signs or symptoms of pending or increased\nrisk of sudden cardiac arrest shall be immediately removed from athletic\nactivities and shall not resume athletic activity until such student has\nbeen evaluated by and received written and signed authorization from a\nlicensed physician or a certified nurse practitioner. Such authorization\nshall be kept on file in the pupil's permanent health record.\n  * NB Effective August 25, 2026\n
N.Y. EDN Law § 113 — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 113
Leaves of absence to professional members of the department
Status: in_force

§ 113. Leaves of absence to professional members of the department.\nThe department, subject to such regulations as the commissioner may\npromulgate, may grant any professional member of the staff of the\ndepartment an extended leave of absence for advanced study, research,\nprofessional writing or other experience of recognized professional\nvalue, for not to exceed one year in seven at the rate of not to exceed\none-half the regular salary paid, or for not to exceed six months with\nsalary at full rate for such leave.  The balance of salaries\nappropriated for such persons, or so much thereof as may be necessary,\nmay be applied during the period of such absence for the purpose of the\nsalaries of substitutes to take the place of the persons thus on leave.\nNot more than five such leaves of absence shall be granted during any\none fiscal year.\n
N.Y. EDN Law § 668-A — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 668-A
Regents awards for children of deceased police officers, peace officers, firefighters and volunteer firefighters
Status: in_force

§ 668-a. Regents awards for children of deceased police officers,\npeace officers, firefighters and volunteer firefighters. 1. Eligible\nstudents.  Awards shall be made to resident children of police officers\nand peace officers as defined in the criminal procedure law,\nfirefighters and volunteer firefighters and correction officers of the\nstate or any political subdivision thereof, or volunteer firefighters of\nfire departments or companies under contract to provide fire protection\nto a municipality or fire district who have died as a result of an\ninjury sustained in the line of duty.\n  2. Amount and duration. Every recipient shall receive an annual award\nof four hundred fifty dollars for each of not more than four academic\nyears of undergraduate study or five academic years if a program\nnormally requires five years, as defined by the commissioner pursuant to\narticle thirteen of this chapter.\n  3. Notwithstanding any inconsistent provision of this chapter, no\nchild of a correction officer of the state who is receiving an award\nunder the provisions of section six hundred sixty-nine of this article\nshall receive an award under the provisions of this section.\n
N.Y. PBH Law § 2957 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2957
Designation of primary care hospitals
Status: in_force

§ 2957.  Designation of primary care hospitals. 1.  A general hospital\nestablished pursuant to article twenty-eight of this chapter may request\nthe  commissioner to exempt such hospital from particular services or to\nauthorize such hospital to offer  additional  special  services.    Such\nhospital   shall   be  designated  a  primary  care  hospital  upon  the\ncommissioner's approval of such request; provided, however, that nothing\nherein contained shall be  construed  to  restrict  such  hospital  from\noffering  primary, specialty or acute inpatient services for which it is\nable to provide appropriate technical and human resources, to respond to\ncommunity need, or to assure quality in the delivery of services.\n  2. The commissioner shall establish guidelines for the designation of\na general hospital as a primary care hospital pursuant to the provisions\nof this section.  In establishing such guidelines, the commissioner\nshall solicit input from hospitals and physicians.\n
N.Y. RPT Law § 828 — New York Code / Act RPT / Article 8 / Title 1 / Section 828
Effect of adjustment of previous county tax levy on taxing and borrowing power
Status: in_force

§ 828.  Effect of adjustment of previous county tax levy on taxing and\nborrowing power.  Deficiencies to be added and excesses to be subtracted\npursuant to sections eight hundred twenty, eight hundred twenty-two or\neight hundred twenty-six of this chapter shall be deemed to be\nadjustments of county taxes previously levied on geographical areas of\nthe county and not indebtedness within the meaning of section four of\narticle eight of the state constitution nor taxes raised upon real\nproperty within the limitation provided by section ten of article eight\nof the state constitution.\n
N.Y. EDN Law § 254 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 254
Standards of library service
Status: in_force

§ 254. Standards of library service.  The regents shall have power to\nfix standards of library service for every free association, public and\nhospital library or, with the advice of the appropriate tribal\ngovernment and library board of trustees, Indian library which receives\nany portion of the moneys appropriated by the state to aid such\nlibraries, or which is supported in whole or in part by tax levied by\nany municipality or district. In the case of a hospital library or a\nlibrary serving a hospital, such standards shall be established in\nconsultation with the commissioner of health. If any such library shall\nfail to comply with the regents requirements, such library shall not\nreceive any portion of the moneys appropriated by the state for free,\nhospital or Indian libraries nor shall any tax be levied by any\nmunicipality or district for the support in whole or in part of such\nlibrary.\n
N.Y. PBH Law § 311 — New York Code / Act PBH / Article 3 / Title 1 / Section 311
Local boards of health; towns and villages; application of law
Status: in_force

§ 311. Local boards of health; towns and villages; application of law.\nThe provisions contained in this article as to the local boards of\nhealth, and for the appointment of local health officers shall apply to\nall towns and villages, whether such villages are organized under\ngeneral or special laws.\n
N.Y. ENV Law § 54-0105 — New York Code / Act ENV / Article 54 / Title 1 / Section 54-0105
Powers and duties of a municipality
Status: in_force

§ 54-0105. Powers and duties of a municipality.\n  A municipality shall have the power and authority to:\n  1. Undertake and carry out any project for which state assistance\npayments pursuant to contract are received or are to be received\npursuant to this article and maintain and operate such project;\n  2. Expend money received from the state pursuant to this article for\ncosts incurred in conjunction with the approved project; and\n  3. Perform such other and further acts as may be necessary, proper or\ndesirable to carry out a project or obligation, duty or function related\nthereto.\n
N.Y. EDN Law § 187 — New York Code / Act EDN / Title 1 / Article 3 / Part 5 / Section 187
Inconsistent provisions of other acts superseded
Status: in_force

§ 187. Inconsistent provisions of other acts superseded.  Insofar as\nthe provisions of this part V of this article are inconsistent with the\nprovisions of any other act, general or special, the provisions of this\narticle shall be controlling.\n
N.Y. PBA Law § 3656 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3656
Bonds of the authority
Status: in_force

§ 3656. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary pursuant to\nsection thirty-six hundred fifty-five of this title to pay any\nfinanceable costs and to fund reserves to secure such bonds, including\nincidental expenses in connection therewith. Provided, however, the\naggregate principal amounts of such bonds issued to pay the financeable\ncounty costs described in paragraph (c) of subdivision twelve of section\nthirty-six hundred fifty-one of this title, which resulted from\ncertiorari proceedings commenced on or after June first, two thousand,\nshall not exceed eight hundred million dollars in the aggregate,\nexcluding bonds, notes, or other obligations issued to refund or\notherwise repay bonds, notes, or other obligations theretofore issued\nfor such purposes. Effective in the year two thousand six, upon request\nof the county, the authority shall issue, in the amount requested, bonds\nto pay tax certiorari settlements or judgments of any kind to which the\ncounty is a party, not to exceed fifteen million dollars; and effective\nin the year two thousand seven, upon request of the county, the\nauthority shall issue, in the amount requested, bonds to pay tax\ncertiorari settlements or judgments of any kind to which the county is a\nparty, not to exceed ten million dollars. Whenever this title\nestablishes a limit on the principal amount of bonds that the authority\nis authorized to issue, there shall not be counted against such limit\n(i) amounts determined by the authority as reasonable to be used to pay\nthe cost of issuing such bonds, (ii) the amount of bonds that would\nconstitute interest under the Internal Revenue Code of 1986, as amended,\nand (iii) amounts determined by the authority as necessary to establish\nany reserves.\n  The authority shall have the power from time to time to refund any\nbonds of the authority by the issuance of new bonds, whether the bonds\nto be refunded have or have not matured, and may issue bonds partly to\nrefund bonds of the authority then outstanding and partly to pay the\nfinanceable costs pursuant to section thirty-six hundred fifty-five of\nthis title. Bonds issued by the authority shall be payable solely out of\nparticular revenues or other moneys of the authority as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject to any agreements entered into\nbetween the authority and the county, and subject to any agreements with\nthe holders of outstanding bonds pledging any particular revenues or\nmoneys; but in no event shall transitional state aid be pledged as\nsecurity for or be made available for the payment of bonds.\n  2. The authority is authorized to issue its bonds for a period ending\nnot later than December thirty-first, two thousand twenty-one. The\nauthority may issue bonds to refund bonds previously issued without\nregard to the limitation in the first sentence of this subdivision, but\nin no event shall any bonds of the authority finally mature later than\nJanuary thirty-first, two thousand fifty-one. Notwithstanding any other\nprovision of law, no bond of the authority shall mature more than thirty\nyears from the date of its issue.\n  3. Bonds of the authority may be issued, amortized, redeemed and\nrefunded without regard to the provisions of the local finance law;\nprovided, however, that the principal amount of outstanding bonds issued\nby the authority shall be deemed to be indebtedness of the county solely\nin ascertaining the amount of indebtedness the county may contract\npursuant to the local finance law and the state constitution and the\nauthority shall not exceed such limitation.\n  4. The directors may delegate to the chairperson or other director or\nofficer of the authority the power to set the final terms of bonds.\n  5. The authority in its sole discretion shall determine that the\nissuance of its bonds is appropriate. Bonds shall be authorized by\nresolution of the authority. Bonds shall bear interest at such fixed or\nvariable rates and shall be in such denominations, be in such form,\neither coupon or registered, be sold at such public or private sale, be\nexecuted in such manner, be denominated in United States currency, be\npayable in such medium of payment, at such place and be subject to such\nterms of redemption as the authority may provide in such resolution. No\nbonds of the authority may be sold at private sale unless such sale and\nthe terms thereof have been approved in writing by (a) the state\ncomptroller where such sale is not to the state comptroller, or (b) the\ndirector of the budget, where such sale is to the state comptroller.\n  6. As a condition precedent to authorizing the issuance of any bonds\nhereunder, the authority may include in any agreement with the county\nsuch provisions as are deemed necessary and appropriate including\nexpress provisions regarding compliance with sections thirty-six hundred\nsixty-six and thirty-six hundred sixty-seven of this title, as\napplicable.\n  7. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the authority's revenues, together with\nany other moneys, securities or contracts, to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purposes to which the proceeds from the sale of\nbonds may be applied;\n  (d) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\nbonds;\n  (e) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (f) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section thirty-six hundred sixty-four of\nthis title and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee; and\n  (g) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver; provided, however, that such acts or\nomissions to act which may constitute a default and such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title.\n  8. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements for the benefit of the\nbondholders as the authority may deem necessary, convenient or desirable\nconcerning the use or disposition of its revenues or other moneys,\nincluding the entrusting, pledging or creation of any other security\ninterest in any such revenues, moneys and the doing of any act,\nincluding refraining from doing any act, which the authority would have\nthe right to do in the absence of such agreements. The authority shall\nhave power to enter into amendments of any such agreements within the\npowers 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 bonds of the authority.\n  9. Notwithstanding any provision of the uniform commercial code to the\ncontrary, any pledge of or other security interest in revenues, moneys,\naccounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether such parties have notice thereof. No instrument\nby which such a pledge or security interest is created nor any financing\nstatement need be recorded or filed.\n  10. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  11. Neither the directors of the authority nor any person executing\nbonds shall be liable personally thereon or be subject to any personal\nliability or accountability solely by reason of the issuance thereof.\nThe bonds or other obligations of the authority shall not be a debt of\neither the state or the county, and neither the state nor the county\nshall be liable thereon, nor shall they be payable out of any funds\nother than those of the authority; and such bonds shall contain on the\nface thereof a statement to such effect.\n  12. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power to purchase bonds of the authority out of\nany moneys available therefor, which shall thereupon be cancelled.\n
N.Y. PBH Law § 273 — New York Code / Act PBH / Article 2-A / Title 1 / Section 273
Preferred drug program prior authorization
Status: in_force

§ 273. Preferred drug program prior authorization. 1. For the purposes\nof this article, a prescription drug shall be considered to be not on\nthe preferred drug list if it is a non preferred drug.\n  2. The preferred drug program shall make available a twenty-four hour\nper day, seven days per week telephone call center that includes a\ntoll-free telephone line and dedicated facsimile line to respond to\nrequests for prior authorization. The call center shall include\nqualified health care professionals who shall be available to consult\nwith prescribers concerning prescription drugs that are not on the\npreferred drug list. A prescriber seeking prior authorization shall\nconsult with the program call line to reasonably present his or her\njustification for the prescription and give the program's qualified\nhealth care professional a reasonable opportunity to respond.\n  3. (a) When a patient's health care provider prescribes a prescription\ndrug that is not on the preferred drug list or the statewide formulary\nof opioid dependence agents and opioid antagonists established pursuant\nto subparagraph (vii) of paragraph (e) of subdivision seven of section\nthree hundred sixty-seven-a of the social services law, the prescriber\nshall consult with the program to confirm that in his or her reasonable\nprofessional judgment, the patient's clinical condition is consistent\nwith the criteria for approval of the non-preferred drug. Such criteria\nshall include:\n  (i) the preferred drug has been tried by the patient and has failed to\nproduce the desired health outcomes;\n  (ii) the patient has tried the preferred drug and has experienced\nunacceptable side effects;\n  (iii) the patient has been stabilized on a non-preferred drug and\ntransition to the preferred drug would be medically contraindicated; or\n  (iv) other clinical indications identified by the drug utilization\nreview board established pursuant to section three hundred sixty-nine-bb\nof the social services law, which shall include consideration of the\nmedical needs of special populations, including children, elderly,\nchronically ill, persons with mental health conditions, and persons\naffected by HIV/AIDS, pregnant persons, and persons with an opioid use\ndisorder.\n  (a-1) When a patient's health care provider prescribes a prescription\ndrug that is on the statewide formulary of opioid dependence agents and\nopioid antagonists established pursuant to subparagraph (vii) of\nparagraph (e) of subdivision seven of section three hundred\nsixty-seven-a of the social services law, the department shall not\nrequire prior authorization unless required by the department's drug use\nreview program established pursuant to section 1927(g) of the Social\nSecurity Act.\n  (b) In the event that the patient does not meet the criteria in\nparagraph (a) of this subdivision, the prescriber may provide additional\ninformation to the program to justify the use of a prescription drug\nthat is not on the preferred drug list. The program shall provide a\nreasonable opportunity for a prescriber to reasonably present his or her\njustification of prior authorization. If, after consultation with the\nprogram, the prescriber, in his or her reasonable professional judgment,\ndetermines that the use of a prescription drug that is not on the\npreferred drug list is warranted, the prescriber's determination shall\nbe final.\n  (c) If a prescriber meets the requirements of paragraph (a) or (b) of\nthis subdivision, the prescriber shall be granted prior authorization\nunder this section.\n  (d) In the instance where a prior authorization determination is not\ncompleted within twenty-four hours of the original request, solely as\nthe result of a failure of the program (whether by action or inaction),\nprior authorization shall be immediately and automatically granted with\nno further action by the prescriber and the prescriber shall be notified\nof this determination. In the instance where a prior authorization\ndetermination is not completed within twenty-four hours of the original\nrequest for any other reason, a seventy-two hour supply of the\nmedication shall be approved by the program and the prescriber shall be\nnotified of this determination.\n  4. When, in the judgment of the prescriber or the pharmacist, an\nemergency condition exists, and the prescriber or pharmacist notifies\nthe program that an emergency condition exists, a seventy-two hour\nemergency supply of the drug prescribed shall be immediately authorized\nby the program.\n  5. In the event that a patient presents a prescription to a pharmacist\nfor a prescription drug that is not on the preferred drug list and for\nwhich the prescriber has not obtained a prior authorization, the\npharmacist shall, within a prompt period based on professional judgment,\nnotify the prescriber. The prescriber shall, within a prompt period\nbased on professional judgment, either seek prior authorization or shall\ncontact the pharmacist and amend or cancel the prescription. The\npharmacist shall, within a prompt period based on professional judgment,\nnotify the patient when prior authorization has been obtained or denied\nor when the prescription has been amended or cancelled.\n  6. Once prior authorization of a prescription for a drug that is not\non the preferred drug list is obtained, prior authorization shall not be\nrequired for any refill of the prescription.\n  7. No prior authorization under the preferred drug program shall be\nrequired when a prescriber prescribes a drug on the preferred drug list;\nprovided, however, that the commissioner may identify such a drug for\nwhich prior authorization is required pursuant to the provisions of the\nclinical drug review program established under section two hundred\nseventy-four of this article.\n  8. The department shall monitor the prior authorization process for\nprescribing patterns which are suspected of endangering the health and\nsafety of the patient or which demonstrate a likelihood of fraud or\nabuse. The department shall take any and all actions otherwise permitted\nby law to investigate such prescribing patterns, to take remedial action\nand to enforce applicable federal and state laws.\n  9. No prior authorization under the preferred drug program shall be\nrequired for any prescription under EPIC until the panel has made prior\nauthorization applicable to EPIC under section two hundred seventy-five\nof this article.\n  10. Prior authorization shall not be required for any buprenorphine\nproducts, methadone, or long acting injectable naltrexone for\ndetoxification or maintenance treatment of a substance use disorder\nprescribed according to generally accepted national professional\nguidelines for the treatment of a substance use disorder.\n
N.Y. EDN Law § 185 — New York Code / Act EDN / Title 1 / Article 3 / Part 5 / Section 185
Social security
Status: in_force

§ 185. Social security.  Every electing employee shall have old-age,\nsurvivors, and disability insurance coverage provided by the federal\nsocial security act in accordance with the provisions of article three\nof the retirement and social security law.\n
N.Y. VAT Law § 115-B — New York Code / Act VAT / Title 1 / Article 1 / Section 115-B
Flagperson
Status: in_force

§ 115-b. Flagperson. The term "flagperson," when used in this chapter\nmeans and includes:\n  1. Any person employed by or on behalf of the state, a county, city,\ntown or village, a public authority, a local authority, or a public\nutility company, or the agent or contractor of any such entity, who has\nbeen assigned to control or direct traffic on public highways in\nconnection with any construction, survey, and/or maintenance work being\nperformed.\n  2. Any person employed by or on behalf of a railroad corporation who\nhas been assigned to control or direct traffic at a railroad grade\ncrossing.\n  3. Any person holding a certificate issued by the commissioner, which\nauthorizes such person to operate an escort vehicle, and who has been\nassigned to control, warn, or direct traffic in connection with the\nmovement of an escort vehicle on a public highway.\n
N.Y. GMU Law § 859-B — New York Code / Act GMU / Article 18-A / Title 1 / Section 859-B
Special procedure for the provision of financial assistance to continuing care retirement communities
Status: in_force

§ 859-b. Special procedure for the provision of financial assistance\nto continuing care retirement communities. 1. Any applicant for\nfinancing of a continuing care retirement community shall present a\ncompleted application for a certificate of authority and documentation\nestablishing the continuing care retirement community council's approval\nof that application, pursuant to article forty-six of the public health\nlaw.\n  2. If requested by the agency, the applicant shall present an analysis\ndealing with any of the issues identified in paragraph (a) of\nsubdivision four of section eight hundred seventy-four of this article.\n  3. Applicants shall present the financial feasibility study, including\na financial forecast and market study, and the analysis of economic\ncosts and benefits required by article forty-six of the public health\nlaw.\n  4. Any information presented by the applicant pursuant to subdivisions\none, two and three of this section shall be made available at the time\nrequired for published notice of the public hearing required by section\neight hundred fifty-nine-a of this article. The agency shall make such\ninformation available during regular office hours in at least two\nlocations, at least one of which shall be in the city, town or village\nwithin which the proposed project is located. Such notice shall include\na statement indicating the location and times of availability of the\ninformation required by this section.\n  5. The industrial development agency may require the applicant to\nprovide any additional information which it requires in order to meet\nthe purposes of this article.\n
N.Y. SOS Law § 374-A — New York Code / Act SOS / Article 6 / Title 1 / Section 374-A
Interstate compact on the placement of children
Status: in_force

§ 374-a. Interstate compact on the placement of children. 1. The\ninterstate compact on the placement of children is hereby enacted into\nlaw and entered into with all other jurisdictions legally joining\ntherein in form substantially as follows:\n              INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN\n                      ARTICLE I. PURPOSE AND POLICY\n  It is the purpose and policy of the party states to cooperate with\neach other in the interstate placement of children to the end that:\n  (a) Each child requiring placement shall receive the maximum\nopportunity to be placed in a suitable environment and with persons or\ninstitutions having appropriate qualifications and facilities to provide\na necessary and desirable degree and type of care.\n  (b) The appropriate authorities in a state where a child is to be\nplaced may have full opportunity to ascertain the circumstances of the\nproposed placement, thereby promoting full compliance with applicable\nrequirements for the protection of the child.\n  (c) The proper authorities of the state from which the placement is\nmade may obtain the most complete information on the basis of which to\nevaluate a projected placement before it is made.\n  (d) Appropriate jurisdictional arrangements for the care of children\nwill be promoted.\n                          ARTICLE II. DEFINITIONS\n  As used in this compact:\n  (a) "Child" means a person who, by reason of minority, is legally\nsubject to parental, guardianship or similar control.\n  (b) "Sending agency" means a party state, officer or employee thereof;\na subdivision of a party state, or officer or employee thereof; a court\nof a party state; a person, corporation, association, charitable agency\nor other entity which sends, brings, or causes to be sent or brought any\nchild to another party state.\n  (c) "Receiving state" means the state to which a child is sent,\nbrought, or caused to be sent or brought, whether by public authorities\nor private persons or agencies, and whether for placement with state or\nlocal public authorities or for placement with private agencies or\npersons.\n  (d) "Placement" means the arrangement for the care of a child in a\nfamily free or boarding home or in a child-caring agency or institution\nbut does not include any institution caring for the mentally ill,\nmentally defective or epileptic or any institution primarily educational\nin character, and any hospital or other medical facility.\n                   ARTICLE III. CONDITIONS FOR PLACEMENT\n  (a) No sending agency shall send, bring, or cause to be sent or\nbrought into any other party state any child for placement in foster\ncare or as a preliminary to a possible adoption unless the sending\nagency shall comply with each and every requirement set forth in this\narticle and with the applicable laws of the receiving state governing\nthe placement of children therein.\n  (b) Prior to sending, bringing or causing any child to be sent or\nbrought into a receiving state for placement in foster care or as a\npreliminary to a possible adoption, the sending agency shall furnish the\nappropriate public authorities in the receiving state written notice of\nthe intention to send, bring, or place the child in the receiving state.\nThe notice shall contain:\n  (1) The name, date and place of birth of the child.\n  (2) The identity and address or addresses of the parents or legal\nguardian.\n  (3) The name and address of the person, agency or institution to or\nwith which the sending agency proposes to send, bring, or place the\nchild.\n  (4) A full statement of the reasons for such proposed action and\nevidence of the authority pursuant to which the placement is proposed to\nbe made.\n  (c) Any public officer or agency in a receiving state which is in\nreceipt of a notice pursuant to paragraph (b) of this article may\nrequest of the sending agency, or any other appropriate officer or\nagency of or in the sending agency's state, and shall be entitled to\nreceive therefrom, such supporting or additional information as it may\ndeem necessary under the circumstances to carry out the purpose and\npolicy of this compact.\n  (d) The child shall not be sent, brought, or caused to be sent or\nbrought into the receiving state until the appropriate public\nauthorities in the receiving state shall notify the sending agency, in\nwriting, to the effect that the proposed placement does not appear to be\ncontrary to the interests of the child.\n                 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT\n  The sending, bringing, or causing to be sent or brought into any\nreceiving state of a child in violation of the terms of this compact\nshall constitute a violation of the laws respecting the placement of\nchildren of both the state in which the sending agency is located or\nfrom which it sends or brings the child and of the receiving state.\nSuch violation may be punished or subjected to penalty in either\njurisdiction in accordance with its laws. In addition to liability for\nany such punishment or penalty, any such violation shall constitute full\nand sufficient grounds for the suspension or revocation of any license,\npermit, or other legal authorization held by the sending agency which\nempowers or allows it to place, or care for children.\n                   ARTICLE V. RETENTION OF JURISDICTION\n  (a) The sending agency shall retain jurisdiction over the child\nsufficient to determine all matters in relation to the custody,\nsupervision, care, treatment and disposition of the child which it would\nhave had if the child had remained in the sending agency's state, until\nthe child is adopted, reaches majority, becomes self-supporting or is\ndischarged with the concurrence of the appropriate authority in the\nreceiving state. Such jurisdiction shall also include the power to\neffect or cause the return of the child or its transfer to another\nlocation and custody pursuant to law. The sending agency shall continue\nto have financial responsibility for support and maintenance of the\nchild during the period of the placement. Nothing contained herein shall\ndefeat a claim of jurisdiction by a receiving state sufficient to deal\nwith an act of delinquency or crime committed therein.\n  (b) When the sending agency is a public agency, it may enter into an\nagreement with an authorized public or private agency in the receiving\nstate providing for the performance of one or more services in respect\nof such case by the latter as agent for the sending agency.\n  (c) Nothing in this compact shall be construed to prevent a private\ncharitable agency authorized to place children in the receiving state\nfrom performing services or acting as agent in that state for a private\ncharitable agency of the sending state; nor to prevent the agency in the\nreceiving state from discharging financial responsibility for the\nsupport and maintenance of a child who has been placed on behalf of the\nsending agency without relieving the responsibility set forth in\nparagraph (a) hereof.\n           ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN\n  A child adjudicated delinquent may be placed in an institution in\nanother party jurisdiction pursuant to this compact, but no such\nplacement shall be made unless the child is given a court hearing on\nnotice to the parent or guardian with opportunity to be heard, prior to\nhis being sent to such other party jurisdiction for institutional care\nand the court finds that:\n  1. Equivalent facilities for the child are not available in the\nsending agency's jurisdiction; and\n  2. Institutional care in the other jurisdiction is in the best\ninterest of the child and will not produce undue hardship.\n                    ARTICLE VII. COMPACT ADMINISTRATOR\n  The executive head of each jurisdiction party to this compact shall\ndesignate an officer who shall be general coordinator of activities\nunder this compact in his jurisdiction and who, acting jointly with like\nofficers of other party jurisdictions, shall have power to promulgate\nrules and regulations to carry out more effectively the terms and\nprovisions of this compact.\n                         ARTICLE VIII. LIMITATIONS\n  This compact shall not apply to:\n  (a) The sending or bringing of a child into a receiving state by his\nparent, step-parent, grandparent, adult brother or sister, adult uncle\nor aunt, or his guardian and leaving the child with any such relative or\nnon-agency guardian in the receiving state.\n  (b) Any placement, sending or bringing of a child into a receiving\nstate pursuant to any other interstate compact to which both the state\nfrom which the child is sent or brought and the receiving state are\nparty, or to any other agreement between said states which has the force\nof law.\n                   ARTICLE IX. ENACTMENT AND WITHDRAWAL\n  This compact shall be open to joinder by any state, territory or\npossession of the United States, the district of Columbia, the\ncommonwealth of Puerto Rico, and, with the consent of congress, the\ngovernment of Canada or any province thereof. It shall become effective\nwith respect to any such jurisdiction when such jurisdiction has enacted\nthe same into law. Withdrawal from this compact shall be by the\nenactment of a statute repealing the same, but shall not take effect\nuntil two years after the effective date of such statute and until\nwritten notice of the withdrawal has been given by the withdrawing state\nto the governor of each other party jurisdiction. Withdrawal of a party\nstate shall not affect the rights, duties and obligations under this\ncompact of any sending agency therein with respect to a placement made\nprior to the effective date of withdrawal.\n                 ARTICLE X. CONSTRUCTION AND SEVERABILITY\n  The provisions of this compact shall be liberally construed to\neffectuate the purposes thereof. The provisions of this compact shall be\nseverable and if any phrase, clause, sentence or provision of this\ncompact is declared to be contrary to the constitution of any party\nstate or of the United States or the applicability thereof to any\ngovernment, agency, person or circumstance is held invalid, the validity\nof the remainder of this compact and the applicability thereof to any\nother government, agency, person or circumstance shall not be affected\nthereby.  If this compact shall be held contrary to the constitution of\nany state party thereto, the compact shall remain in full force and\neffect as to the remaining states and in full force and effect as to the\nstate affected as to all severable matters.\n  2. Any requirement of this state for a license, permit, or the posting\nof a bond to entitle an agency to place children shall not apply to a\npublic sending agency (within the meaning of the interstate compact on\nthe placement of children) of or in another state party to said compact.\n  3. Financial responsibility for any child placed pursuant to the\nprovisions of the interstate compact for the placement of children shall\nbe determined in accordance with the provisions of article five thereof\nin the first instance. However, in the event of partial or complete\ndefault of performance thereunder, the provisions of section three\nhundred eighty-two of this chapter with respect to such responsibility\nalso may be invoked.\n  4. The "appropriate public authorities" as used in article three of\nthe interstate compact on the placement of children shall, with\nreference to New York, mean the department of social services, except\nthat, with respect to the placement of children "adjudicated\ndelinquent", as that phrase is used in article six thereof, who are to\nbe placed in a facility operated or supervised by the division for\nyouth, shall mean the division for youth, and said department and\ndivision shall receive and act with reference to notices required by\nsaid article three.\n  5. As used in paragraph (a) of article five of the interstate compact\non the placement of children the phrase "appropriate authority in the\nreceiving state" with reference to New York state shall mean the\ncommissioner of social services of the social services district in which\nthe child may be at the time of discharge, and, with respect to children\n"adjudicated delinquent", as that phrase is used in article six thereof,\nwho are to be discharged from a facility operated or supervised by the\ndivision for youth, shall mean the division for youth.\n  6. The officers and agencies of this state and its subdivisions having\nauthority to place children are hereby empowered to enter into\nagreements with appropriate officers or agencies of or in other party\nstates pursuant to paragraph (b) of article five of the interstate\ncompact on the placement of children. Any such agreement which contains\na financial commitment or imposes a financial obligation on this state\nor subdivision or agency thereof shall not be binding unless it has the\napproval in writing of the comptroller in the case of the state and of\nthe chief local fiscal officer in the case of a subdivision of the\nstate.\n  7. Any requirements for visitation, inspection or supervision of\nchildren, homes, institutions or other agencies in another party state\nwhich may apply under sections three hundred eighty-two, three hundred\neighty-six or three hundred ninety-eight of this chapter shall be deemed\nto be met if performed pursuant to an agreement entered into by\nappropriate officers or agencies of this state or a subdivision thereof\nas contemplated by paragraph (b) of article five of the interstate\ncompact on the placement of children.\n  8. Neither the prohibition of, nor the limitations on out of state\nplacement of children contained in sections three hundred seventy-four\nand three hundred ninety-eight of this chapter shall apply to placements\nmade pursuant to the interstate compact on the placement of children.\n  9. Any court having jurisdiction to place delinquent children may\nplace such a child in an institution of or in another state pursuant to\narticle six of the interstate compact on the placement of children and\nshall retain jurisdiction as provided in article five thereof.\n  10. As used in article seven of the interstate compact on the\nplacement of children, the term "executive head" means the governor. The\ngovernor is hereby authorized to appoint a compact administrator in\naccordance with the terms of said article seven.\n  11. (a) In addition to the conditions for placement set forth in\nsubdivision one of this section, the sending agency shall, in the case\nof a placement preliminary to a possible adoption, submit to the compact\nadministrator a full statement setting forth all fees, including the\ncategories of such fees, paid and to be paid by the adoptive parent to\nany agency or person in exchange for the adoptive placement.\n  (b) The compact administrator shall not approve a proposed placement\nwhere such placement violates subdivision six of section three hundred\nseventy-four of this chapter.\n  12. Placement of a child in this state in violation of subdivision one\nof this section by an out of state sending agency shall, in addition to\nany other remedy or sanction imposed by law, subject the agency\nviolating such provision to a civil action for money damages including\nfees, compensation and other remuneration paid by any person on account\nof or incident to the placement of a child in violation of such\nprovision.\n  Placement of a child by an out of state sending agency in violation of\nsuch provision shall subject such agency to the exercise of personal\njurisdiction over such agency by a court pursuant to subparagraph (i) of\nparagraph three of subdivision (a) of section three hundred two of the\ncivil practice law and rules.\n
N.Y. SOS Law § 131-BB — New York Code / Act SOS / Article 5 / Title 1 / Section 131-BB
Family homelessness and eviction prevention supplement program
Status: in_force

§ 131-bb. Family homelessness and eviction prevention supplement\nprogram. Notwithstanding any other provision of law to the contrary, for\na local social services district with a population of five million or\nmore, the commissioner shall designate such local social services\ndistrict to make vouchers available to eligible families under the\nfamily homelessness and eviction prevention supplement ("FHEPS")\nprogram, and to administer the program in accordance with a plan\napproved pursuant to 18 N.Y.C.R.R. § 352.3(a)(3), provided however, that\nthe maximum rent for such vouchers shall be set at the United States\ndepartment of housing and urban development's fair market rent level.\nThe state shall reimburse the local social services district for\npayments made under the FHEPS program in a manner consistent with title\ntwo of this article.\n
N.Y. ENV Law § 49-0105 — New York Code / Act ENV / Article 49 / Title 1 / Section 49-0105
Functions, powers and duties of other departments and agencies
Status: in_force

§ 49-0105. Functions, powers and duties of other departments and\n             agencies.\n  Nothing contained in this article shall be deemed to derogate or\ndetract in any way from the functions, powers and duties prescribed by\nlaw of any other department or agency of the state nor to interrupt or\npreclude the direct relationships of any such department or agency with\npublic corporations and districts for the carrying out of such\nfunctions, powers and duties.\n
N.Y. MDW Law § 107 — New York Code / Act MDW / Article 4 / Title 1 / Section 107
Public halls
Status: in_force

§ 107. Public halls.  1. Every public vestibule or other public hall\nshall comply either with the provisions of section one hundred\nforty-nine for non-fireproof multiple dwellings, so far as applicable,\nor with the provisions of subdivision two of this section, except that\nthe provisions as to ventilation shall not apply to any part of an\nentrance hall within sixty feet in a straight line from an entrance\ndoor.\n  2. If such a dwelling does not comply with the applicable provisions\nof section one hundred forty-nine, it shall comply with all of the\nfollowing:\n  a. Every public vestibule or hall shall be everywhere at least three\nfeet eight inches in clear width.\n  b. Every such public vestibule or hall shall be separated from all\nother parts of the dwelling by fireproof walls.\n  c. All openings from such a public vestibule or hall to stairs,\nfire-stairs, fire-tower balconies, shafts, apartments or suites of rooms\nshall be protected by fireproof doors and assemblies, with the doors\nself-closing, except that such doors and assemblies shall not be\nrequired in any fireproof class B multiple dwelling for any apartment\nconsisting of one room opening directly upon a public hall or for any\napartment of three rooms or less in a college or school dormitory.\n  d. Such a public vestibule or hall shall not be required to have a\nwindow, but if it does not have a window opening to the outer air it\nshall be equipped for artificial lighting and be properly lighted at all\ntimes.\n  e. Except for that part of an entrance hall within sixty feet in a\nstraight line from an entrance door such a public vestibule or hall\nwithout a window to the outer air shall be ventilated to the outer air\nby means of gravity vent flues at least twelve inches in each dimension\nor by mechanical means approved by the department. There shall be at\nleast one vent flue opening of at least twelve inches in each dimension\nfor each one thousand cubic feet of air content of such public vestibule\nor hall. Such vent flues shall be continuous for the height of the\ndwelling and the openings at each story shall be equipped with fire\ndampers held open by a fusible link at each opening and properly hooded\nor provided with louvres at the top above the roof.\n  f. If a window to the outer air is provided in any such public\nvestibule or hall, such vestibule or hall shall nevertheless be\nventilated as provided in paragraph e, except that if such a window has\na glazed area of at least twelve square feet and at least one tenth of\nthe superficial floor area of the vestibule or hall, readily accessible\nto the outer air to the extent of at least five and one-half square feet\nof its area, no vent flues need be provided within a distance of forty\nfeet from each side of such window.\n  3. The requirements of this section as to ventilation shall apply to\nall parts of an entrance hall more than sixty feet distant in a straight\nline from an entrance door, to all returns or recesses that lead to\nelevators and extend farther from the hall which they adjoin than four\ntimes their width, and to all other returns or recesses from entrance\nhalls that extend farther than their width.\n  4. Any part of a public hall that is shut off from any other part of\nsuch hall by a door or doors shall be deemed a separate hall.\n
N.Y. SOS Law § 385 — New York Code / Act SOS / Article 6 / Title 1 / Section 385
Orders; prohibiting placing out or boarding out; removal
Status: in_force

§ 385.  Orders; prohibiting placing out or boarding out; removal.  1.\nProhibiting placing out or boarding out.  Whenever the commissioner\nshall decide that any disposition of a child under this title has been\nmade for purposes of gain, or without due inquiry as to the character\nand reputation of the person with whom such child is placed, or in such\nmanner that such child is subjected to cruel or improper treatment or\nneglect or immoral surroundings, or in such manner that the religious\nfaith of the child is not preserved and protected as provided by this\ntitle, the commissioner may issue an order prohibiting such an\nauthorized agency, association, corporation, institution, society or\nother organization from thereafter placing out or boarding out any\nchild.  No such order shall be issued until after an opportunity to be\nheard before the commissioner or his designee and after reasonable\nnotice has been given, with a copy of the charge.  A full record of the\nproceedings and decision on such hearing shall be kept by the\ndepartment.  Any such order issued by the commissioner may be revoked by\nthe commissioner.\n  2.  Whenever the commissioner shall find a minor\n  (a)  placed out or boarded out in a home which is unsuitable or has no\nlicense or certificate, or\n  (b)  cared for under a certificate or license but neglected or without\nsuitable care or protection, he may order its removal within thirty days\nby the agency which placed it and if such order cannot be served upon\nsuch agency, it may be addressed to the public board, commission, or\nofficer of the county charged with the care of such child.  If such\nchild is not removed within the specified time, the matter may be\nbrought before the children's court or other court having jurisdiction,\nfor adjudication and disposition.\n  3.  Review of orders.  Any person, agency, association, corporation,\ninstitution, society or other organization, aggrieved by the decision of\nthe commissioner in making any order pursuant to the provisions of this\ntitle, may institute, in the judicial district in which the applicant\nresides or has its chief office, a proceeding under article\nseventy-eight of the civil practice law and rules in which the\nreasonableness of such decision shall be subject to review.\n
N.Y. SOS Law § 146 — New York Code / Act SOS / Article 5 / Title 1 / Section 146
Penalty for the sale or exchange of assistance supplies
Status: in_force

§ 146. Penalty for the sale or exchange of assistance supplies.  1.\nAny person who shall sell or exchange supplies or articles furnished him\nas assistance or care by any public welfare official or employee of the\npublic welfare district, or dispose of them in any other way than as\ndirected, shall be guilty of a misdemeanor.\n  2. Any person who purchases any article knowing it to have been\nfurnished to any person as assistance or care shall also be guilty of a\nmisdemeanor.\n
N.Y. PAB Law § 11 — New York Code / Act PAB / Title 1 / Section 11
Allocation carryforward
Status: in_force

* § 11. Allocation carryforward. 1. No local agency or other issuer\nshall make a carryforward election utilizing any unused allocation\n(pursuant to section 146(f) of the code) without the prior approval of\nthe commissioner. Likewise no state agency shall make or file such an\nelection, or elect to issue or carry forward mortgage credit\ncertificates, without the prior approval of the director.\n  2. On or before November fifteenth of each year, each state agency\nseeking unused statewide ceiling for use in future years shall make a\nrequest for an allocation for a carryforward to the director, whose\napproval shall be required before a carryforward election is filed by or\non behalf of any state agency. A later request may also be considered by\nthe director, who may file a carryforward election for any state agency\nwith the consent of such agency.\n  3. On or before November fifteenth of each year, each local agency or\nother issuer seeking unused statewide ceiling for use in future years\nshall make a request for an allocation for a carryforward to the\ncommissioner, whose approval shall be required before a carryforward\nelection is filed by or on behalf of any local or other agency. A later\nrequest may also be considered by the commissioner.\n* NB Repealed January 1, 1991\n
N.Y. PBH Law § 2101 — New York Code / Act PBH / Article 21 / Title 1 / Section 2101
Communicable diseases; physicians and institutions; duty to report
Status: in_force

§ 2101. Communicable diseases; physicians and institutions; duty to\nreport.  1. Every physician shall immediately give notice of every case\nof communicable disease required by the department to be reported to it,\nto the health officer of the local health district where such disease\noccurs.\n  2. If there be no physician in attendance on any case of communicable\ndisease, it shall be the duty of the superintendent or other officer of\nan institution, householder, hotel or lodging housekeeper, or other\nperson where such case occurs, to give the notice of such case of\ncommunicable disease required by the department to be reported to it, to\nthe health officer of the local health district where such disease\noccurs.\n  3. The sanitary code may provide that when cases of certain\ncommunicable diseases occur (a) in districts of less than fifty thousand\npopulation not having a full-time health officer, or (b) in state\ninstitutions or (c) in tuberculosis hospitals or sanitoria, such cases\nshall be reported directly to the department or its district health\nofficer.\n  4. Such notice shall contain such information concerning the case as\nshall be required by the sanitary code.\n
N.Y. PBH Law § 2108 — New York Code / Act PBH / Article 21 / Title 1 / Section 2108
Communicable diseases; epidemic among Indians; state charges
Status: in_force

§ 2108. Communicable diseases; epidemic among Indians; state charges.\n1. Whenever an epidemic of a communicable disease shall prevail among\nthe Indians of any nation, tribe or band in this state, the public\nwelfare official of the welfare district in which the reservation of\nsuch nation, tribe or band, is wholly or partly situated, may in\naccordance with rules and regulations adopted by the commissioner, cause\nneeded medical attendance, provisions and maintenance to be furnished to\nany indigent Indian residing in the town, who, or a member of whose\nfamily, is afflicted with such disease, while such disease shall\ncontinue.  The cost thereof after being audited as herein provided shall\nbe a state charge.\n  2. A verified statement of any expenses incurred under this section\nshall be transmitted by the public welfare official to the commissioner.\nThe commissioner shall examine into the matter, and if satisfied that\nsuch expenses were properly and necessarily incurred in accordance with\nhis rules and regulations, he shall approve the same; and the amount\nthereof, after audit by the comptroller, shall be paid from the state\ntreasury on the warrant of the comptroller to such public welfare\nofficial.\n
N.Y. GMU Law § 880 — New York Code / Act GMU / Article 18-A / Title 1 / Section 880
Actions against the agency
Status: in_force

§ 880. Actions against the agency. (1) In an action against the agency\nfounded upon tort, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich the action is founded were presented to a member of the agency and\nto its secretary or to its chief executive officer, and that the agency\nhas neglected or refused to make an adjustment or payment thereof for\nthirty days after the presentment.\n  (2) In a case founded upon tort, a notice of claim shall be required\nas a condition precedent to the commencement of an action or special\nproceeding against the agency or an officer, appointee or employee\nthereof, and the provisions of section fifty-e of this chapter shall\ngovern the giving of such notice. No action shall be commenced more than\none year and ninety days after the cause of action therefor shall have\naccrued.\n
N.Y. MRE Law § 63 — New York Code / Act MRE / Article 4 / Title 1 / Section 63
Two story transient dwellings
Status: in_force

§ 63. Two story transient dwellings. 1. All nursing and convalescent\nhomes, homes for the aged, and boarding and nursery schools, two stories\nin height, shall conform with all of the provisions of article four.\n  2. Except as provided in subdivision one of this section, the only\nprovisions of article four which shall apply to two story transient\ndwellings in existence on July first, nineteen hundred fifty-two, shall\nbe sections sixty, sixty-one, sixty-five, title two and the following:\n  a. Every such transient dwelling shall have at least two means of\negress. The first means of egress shall be by an interior stair closed\noff at the top or bottom. The second means of egress shall be by an\nadditional interior stair closed off at the top or bottom or a fire\nstair or fire escape. A second means of egress shall not be required in\na dwelling containing less than thirty sleeping rooms if the sill of the\nsecond story window does not exceed fourteen feet in vertical height\nabove the ground or other safe landing place immediately below such\nwindow sill.\n  b. Where it is impractical in such transient dwellings to provide a\nsecond required means of egress, the department may order, in lieu\nthereof, additional alterations to the first means of egress and to\nshafts, stairs and other vertical openings to safeguard the occupants of\nthe dwelling, may require the public halls providing access to the first\nmeans of egress to be equipped on both stories with an automatic\nsprinkler system, and may also require automatic sprinkler heads in the\nstair which serves as the only means of egress.\n  c. Where two means of egress are required by this section and one is\nan ornamental stair, the provision for closing off the stair at top or\nbottom shall not be applicable to the ornamental stair.\n
N.Y. VAT Law § 120 — New York Code / Act VAT / Title 1 / Article 1 / Section 120
Intersection
Status: in_force

§ 120. Intersection. (a) The area embraced within the prolongation or\nconnection of the lateral curb lines, or, if none, then the lateral\nboundary lines of the roadways of two highways which join one another\nat, or approximately at, right angles, or the area within which vehicles\ntraveling upon different highways joining at any other angle may come in\nconflict.\n  (b) Where a highway includes two roadways thirty feet or more apart,\nthen every crossing of each roadway of such divided highway by an\nintersecting highway shall be regarded as a separate intersection. In\nthe event such intersecting highway also includes two roadways thirty\nfeet or more apart, then every crossing of two roadways of such highways\nshall be regarded as a separate intersection.\n  (c) A circular intersection contains an island, generally circular in\ndesign, located in the center of the intersection where traffic passes\nto the right of the island.\n
N.Y. PBA Law § 1020-T — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-T
Authority not to construct or operate a nuclear powered facility in the service area
Status: in_force

* § 1020-t. Authority not to construct or operate a nuclear powered\nfacility in the service area. In no event shall the authority construct\nor operate a nuclear powered facility in the service area.\n  * NB There are 2 § 1020-t's\n
N.Y. LAB Law § 381 — New York Code / Act LAB / Article 14 / Title 1 / Section 381
Waterclosets
Status: in_force

§ 381. Waterclosets. 1. There shall be provided for every mercantile\nestablishment, every restaurant, every telegraph or messenger company in\na city and every station, terminal or car barn where women employees of\na street, surface, electric, subway, or elevated railroad report for\nduty a sufficient number of suitable and convenient waterclosets. They\nshall be maintained inside the building where the employees work, except\nwhere, in the opinion of the commissioner, it is impracticable.\n  2. There shall be separate watercloset compartments or toilet rooms\nfor females, constructed and maintained in accordance with the rules of\nthe board.\n  3. The use of any form of trough watercloset, latrine or school sink\nwithin any mercantile establishment or restaurant is prohibited.\n  4. All waterclosets, urinals, watercloset compartments and toilet\nrooms and the plumbing in connection therewith shall be properly\nconstructed, installed, ventilated, lighted, heated and maintained in\naccordance with the rules of the board.\n
N.Y. SOS Law § 131-L — New York Code / Act SOS / Article 5 / Title 1 / Section 131-L
Exclusion of agent orange benefits
Status: in_force

§ 131-l. Exclusion of agent orange benefits. A social services\nofficial shall disregard as income and resources in any program of\npublic assistance such sums as are required to be disregarded under\nsection two hundred thirty-five-a of the military law with respect to\nexposure to agent orange or phenoxy herbicides.\n
N.Y. SOS Law § 379 — New York Code / Act SOS / Article 6 / Title 1 / Section 379
Revocation of certificates and licenses
Status: in_force

§ 379.  Revocation of certificates and licenses. 1.  A certificate or\nlicense to receive, board or keep any child and/or minor under the age\nof eighteen years may be revoked for cause by the authorized agency or\nthe commissioner of social services by which it was issued and any such\ncertificate or license to receive, board or keep any child may be\nrevoked for cause by the commissioner.\n  2.  An agency revoking any such certificate and a commissioner of\nsocial services revoking any such license shall notify the department of\nsuch revocation at once.\n
N.Y. PBA Law § 1021-O — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-O
Limitation of liability; indemnification
Status: in_force

§ 1021-o. Limitation of liability; indemnification. 1. The directors,\nofficers and employees of the authority, while acting within the scope\nof their authority as directors, officers or employees, shall not be\nsubject to any personal or civil liability resulting from the exercise,\ncarrying out or advocacy of any of the authority's purposes or power\nunless the conduct of the directors, officers or employees is finally\ndetermined by a court of competent jurisdiction to constitute\nintentional wrongdoing or recklessness.\n  2. The provisions of section eighteen of the public officers law shall\napply to directors, officers and employees of the authority in\nconnection with any and all claims, demands, suits, actions or\nproceedings which may be made or brought against any of them arising out\nof any determinations made or actions taken or omitted to be taken in\ncompliance with any actions taken pursuant to the powers of this title.\n  3. As used in this section, the terms "director", "officer" and\n"employee" shall include a former director, officer or employee and his\nor her estate or judicially appointed personal representative.\n  4. Nothing in this section shall limit the obligations of a\n"director," "officer," or "employee" of the authority or of a subsidiary\nof the authority as a "person required to collect tax," as such term is\ndefined in article twenty-eight of the tax law, if such director,\nofficer or employee is, or was, under a duty to act for the authority or\nsubsidiary, or both, as the case may be, in complying with any\nrequirement of article twenty-eight or related provision of article\ntwenty-nine of the tax law.\n
N.Y. EDN Law § 370 — New York Code / Act EDN / Title 1 / Article 8-A / Section 370
Definitions
Status: in_force

§ 370. Definitions. As used or referred to in this article, unless a\ndifferent meaning clearly appears from the context:\n  1. "Comptroller" shall mean the state comptroller.\n  2. "Director of the budget" shall mean the state director of the\nbudget.\n  3. "Dormitory" shall mean a housing unit or any emergency temporary\nhousing, with necessary and usual attendant and related facilities and\nequipment, for the use of students, faculty and staff, and their\nfamilies, at a state-operated institution or statutory or contract\ncollege under the jurisdiction of the state university.\n  4. "Facility" shall mean a classroom, lecture hall, library,\nlaboratory or other academic building, a dormitory, or any structure on\nor improvement to real property of any kind or description, including\nfixtures and equipment which are an integral part of any such building,\nstructure or improvement, a walkway or roadway, and improvements and\nconnections for water, sewer, gas, electrical, telephone, heating, air\nconditioning and other utility services, at a state-operated institution\nor statutory or contract college under the jurisdiction of the state\nuniversity.\n  5. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  6. "Fund" shall mean the state university construction fund created by\nsubdivision one of section three hundred seventy-one of this chapter.\n  6-a. "Large-scale construction project" shall mean any project for\nwhich the total estimated cost of the contract or contracts is ten\nmillion dollars or more that is:\n  (a) a project performed under the approved master plan of the state\nuniversity submitted pursuant to subdivision thirteen of section three\nhundred fifty-five of this chapter; or\n  (b) which involves the construction, acquisition, reconstruction,\nrehabilitation or improvement of academic buildings, dormitories and\nother facilities, with respect to university-related economic\ndevelopment projects authorized by law pursuant to section three hundred\nseventy-two-a of this article.\n  7. "Letting agency" shall mean (i) the dormitory authority or other\nstate agency which by agreement with the fund is to award the contracts\nfor a particular construction, acquisition, reconstruction,\nrehabilitation or improvement project, or (ii) the fund if it is to\naward such contracts.\n  8. "Real property" shall mean lands, waters, rights in lands or\nwaters, structures, franchises and interests in land, including lands\nunder water and riparian rights, and any and all other things and rights\nusually included within the same term and includes also any and all\ninterests in such property less than full title, such as easements\npermanent or temporary, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments in every estate, interest or right,\nlegal or equitable.\n  9. "State" shall mean the state of New York.\n  10. "State agency" shall mean any officer, department, board,\ncommission, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n  11. "State-operated institutions" shall mean institutions comprising\nthe state university as provided for in subdivision three of section\nthree hundred fifty-two of this chapter but not including statutory or\ncontract colleges.\n  12. "State retirement systems" shall mean (i) the New York state\nteachers' retirement system provided for in section five hundred two of\nthis chapter and (ii) the New York state employees' retirement system\nprovided for in section ten of the retirement and social security law.\n  13. "State university" shall mean the state university of New York as\ndefined in section three hundred fifty of this chapter.\n  14. "Statutory or contract colleges" shall mean colleges furnishing\nhigher education, operated by private institutions on behalf of the\nstate pursuant to statute or contractual agreements; provided that an\ninstitution not otherwise a statutory or contract college shall not\nbecome a statutory or contract college because of its receipt of state\nfunds or financial assistance pursuant to section three hundred\nfifty-eight of this chapter, or by entering into any contract pursuant\nto that section.\n
N.Y. EDN Law § 508-A — New York Code / Act EDN / Title 1 / Article 11 / Section 508-A
New York state teachers' retirement system MWBE asset management and financial institution strategy
Status: in_force

§ 508-a. New York state teachers' retirement system MWBE asset\nmanagement and financial institution strategy. 1. Within the discretion\nof the retirement board and in accordance with and subject to its\nfiduciary duties and obligations as trustees of the teachers retirement\nsystem and to the members, retirees and beneficiaries of such system and\nsuch other investment limitations as may be prescribed by this chapter,\nthe retirement board is authorized to establish on MWBE asset management\nand financial institution strategy pursuant to section four hundred\ntwenty-three-c of the retirement and social security law including\nreasonable goals for utilization of MWBE asset managers, MWBE financial\ninstitutions and MWBE financial and professional services firms, as such\nterms are defined in section one hundred seventy-six of the retirement\nand social security law which strategy shall include, but shall not be\nlimited to, the following objectives:\n  a. investing assets of the teachers' retirement system with MWBE asset\nmanagers;\n  b. subject to best execution, (1) conducting trades of public equity\nsecurities with MWBE financial institutions and (2) conducting trades of\nfixed-income securities through MWBE financial institutions;\n  c. allocating investments of assets of the teacher's retirement system\neither through (1) direct investments in the equities and debt\nsecurities of MWBEs or (2) indirectly through special programs involving\nMWBE asset managers; and\n  d. awarding contracts for accounting, banking, financial advisory,\ninsurance, legal, research, valuation and other financial and\nprofessional services to MWBE financial institutions and other MWBE\nprofessional services firms.\n  As used in this section, the terms "MWBE asset manager", "MWBE\nfinancial institutions", "MWBE", "fidiuciary-controlled entities", and\n"best execution" shall have the meanings specified in section one\nhundred seventy-six of the retirement and social security law, and shall\nbe certified in a manner consistent with the provisions of subdivision\nthree of section four hundred twenty-three-c of the retirement and\nsocial security law.\n  2. The retirement board is also authorized to:\n  a. periodically advertise the existence of such strategy so that MWBE\nasset managers, MWBE financial institutions and other MWBE professional\nservice firms are made aware of the opportunities made available\npursuant to such strategy;\n  b. within sixty days of the end of each fiscal year following the\neffective date of this section, the retirement board shall report to the\ngovernor, legislature and the chief diversity officer of the state of\nNew York on the participation of MWBE asset managers, MWBE financial\ninstitutions and MWBE professional service providers in investment and\nbrokerage transactions with or as providers of services for the\nteachers' retirement system, including a comparative analysis of such\nactivity relative to such activity with all asset managers, financial\ninstitutions and professional service providers for the relevant period\nand on the progress and success of the efforts undertaken during such\nperiod to achieve the goals of such strategy. Each report shall be\nsimultaneously published on the website of the teachers' retirement\nsystem for not less than sixty days following its release to the\ngovernor and the other recipients named above;\n  c. work with the other fiduciary-controlled entities to create a\ndatabase of such MWBE entities; and\n  d. periodically, but not less than annually, hold a conference to\npromote such strategy in conjunction with the other fiduciary-controlled\nentities.\n
N.Y. EDN Law § 482 — New York Code / Act EDN / Title 1 / Article 10-B / Section 482
Letting of construction contracts
Status: in_force

§ 482. Letting of construction contracts. 1. Any contract let by the\nfund or by any letting agency on behalf of the fund for the\nconstruction, reconstruction, rehabilitation or improvement of a\ncombined occupancy structure or of the school portion thereof, shall be\nin conformity with the provisions of section one hundred one of the\ngeneral municipal law.\n  2. Except as otherwise provided in section two hundred twenty-two of\nthe labor law, every contract, lease or other agreement entered into by\nor on behalf of the fund for the acquisition, lease, construction,\nreconstruction, rehabilitation or improvement of any combined occupancy\nstructure shall contain a provision that, when the entire cost of any\nsuch contemplated construction, reconstruction, rehabilitation or\nimprovement shall exceed three million dollars in the counties of the\nBronx, Kings, New York, Queens, and Richmond; one million five hundred\nthousand dollars in the counties of Nassau, Suffolk and Westchester; and\nfive hundred thousand dollars in all other counties within the state,\nseparate specifications shall be prepared for the following three\nsubdivisions of the work to be performed:\n  a. Plumbing and gas fitting;\n  b. Steam heating, hot water heating, ventilating and air conditioning\napparatus; and\n  c. Electric wiring and standard illuminating fixtures.\n  Such specifications shall be drawn so as to permit the letting of\nseparate and independent contracts for each of the above three\nsubdivisions of work. Except as otherwise provided by the public housing\nlaw, the provisions of which shall apply when the developer is the\nYonkers city housing authority, every developer or general contractor\nundertaking the construction, reconstruction, rehabilitation or\nimprovement of any such combined occupancy structure pursuant to or in\nfurtherance of the provisions of this article shall let separate\ncontracts to the lowest responsible bidder for the three subdivisions of\nthe above specified work to persons, firms or corporations approved by\nthe chairman of the fund as being qualified, responsible and reliable\nbidders engaged in these classes of work. All such qualified bidders\nengaged in the above specified work shall be entitled to bid and to\nreceive, upon request, a copy of the plans and specifications. All such\nbids shall be submitted to the fund and shall be opened publicly at a\nstated time and place.\n  2-a. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: a. plumbing and gas fitting, b. steam heating, hot\nwater heating, ventilating and air conditioning apparatus and c.\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  3. a. In addition to other bond or bonds, if any, required by law for\nthe completion of the school portion of a combined occupancy structure,\nor in the absence of any such requirement, the fund shall nevertheless\nrequire, prior to the approval of any lease or other agreement providing\nfor the construction, reconstruction, rehabilitation or improvement of\nany combined occupancy structure, that the developer, if other than the\nYonkers city housing authority, or general contractor, furnish a bond\nguaranteeing prompt payment of moneys due to all persons furnishing\nlabor or materials to or for the person furnishing said bond or to his\nor her subcontractors in the prosecution of the entire work provided for\nin such lease or other agreement. Whenever the developer is the Yonkers\ncity housing authority, it shall require each of its contractors to\nfurnish such bond to said authority and fund with respect to the work to\nbe performed and materials supplied by such contractor, and no separate\nor other payment bond shall be required to be furnished to the fund.\n  b. A copy of such payment bond shall be kept in the office of the\nchairman of the fund and a copy shall also be kept in the office of the\nboard of education; such copies shall be open to public inspection.\n  c. Every person who has furnished labor or material, to or for the\ndeveloper or general contractor or contractor furnishing such payment\nbond or to his or her subcontractors in the prosecution of the work\nprovided for in the lease or other agreement for which the bond is\nfurnished and who has not been paid in full therefor before the\nexpiration of a period of ninety days after the day on which the last of\nthe labor was performed or material was furnished by him or her for\nwhich the claim is made, shall have the right to sue on such payment\nbond in his or her own name for the amount, or the balance thereof,\nunpaid at the time of commencement of the action; provided, however,\nthat a person having a direct contractual relationship with a\nsubcontractor of the developer or contractor furnishing the payment bond\nbut no contractual relationship express or implied with such developer\nor contractor shall not have a right of action upon the bond unless he\nor she shall have given written notice to such developer or contractor\nfurnishing the bond within ninety days from the date on which the last\nof the labor was performed or the last of the material was furnished,\nfor which his or her claim is made, stating with substantial accuracy\nthe amount claimed and the name of the party to whom the material was\nfurnished or for whom the labor was performed. The notice shall be\nserved by delivering the same personally to the developer or contractor\nfurnishing said bond or by mailing the same by registered mail, postage\nprepaid, in an envelope addressed to such developer or contractor at any\nplace where he or she maintains an office or conducts his or her\nbusiness or at his or her residence.\n