N.Y. EDN Law § 2018-A — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2018-A
Absentee ballots for school district elections
Status: in_force

§ 2018-a. Absentee ballots for school district elections. 1. The board\nof education of any union free, central or central high school district\nwhich elects school board members by ballot and provides for personal\nregistration of voters, shall provide for absentee ballots for the\nelection of members of the board of education and school district public\nlibrary trustees, the adoption of the annual budget and school district\npublic library budget and referenda, in accordance with the provisions\nof this section.\n  1-a. In counties with a population of one million or more, the board\nof education of any union free, central or central high school district\nwhich elects school board members by ballot and provides for personal\nregistration of voters shall provide for absentee ballots for the\nelection of members of the board of education and school district public\nlibrary trustees, the adoption of the annual budget and school district\npublic library budget and referenda, in accordance with the provisions\nof this section.\n  2. a. A qualified voter may vote as an absentee voter under this\nsection if on the occurrence of an election such voter expects to be:\n  (1) absent from their county of residence; or\n  (2) unable to appear personally at the polling place because of\nillness or physical disability, or duties related to the primary care of\none or more individuals who are ill or physically disabled, or because\nsuch voter will be or is a patient in a hospital; or\n  (3) a resident or patient of a veteran's administration hospital; or\n  (4) absent from such voter's voting residence because such voter is\ndetained in jail awaiting action by a grand jury or awaiting trial, or\nconfined in jail or prison after a conviction for an offense other than\na felony, provided that such voter is qualified to vote in the election\ndistrict of such voter's residence.\n  b. Each person entitled to vote as an absentee voter pursuant to this\nsection and desirous of obtaining an absentee ballot shall make written\napplication therefor to the district clerk. Application forms for use\npursuant to this section shall be in a form prescribed by the state\nboard of elections. The use of any application which is on a form\nprescribed by the state board of elections shall be acceptable.\n  c. The application for an absentee ballot when filed must contain in\neach instance the following information:\n  (1) Applicant's full name, date of birth, and residence address,\nincluding the street and number, if any, rural delivery route, if any,\nmailing address if different from the residence address and an address\nto which the ballot shall be mailed.\n  (2) A statement that the applicant is a qualified and registered\nvoter.\n  (3) A statement, as appropriate, that on the day of such election the\napplicant expects in good faith to be in one of the following\ncategories:\n  (a) absent from their county of residence; provided, however, if the\napplicant expects to be absent from such county for a duration covering\nmore than one election and seeks an absentee ballot for each election,\nsuch applicant shall state the dates when they expect to begin and end\nsuch absence; or\n  (b) unable to appear at a polling place because of illness or physical\ndisability or duties related to the primary care of one or more\nindividuals who are ill or physically disabled; or\n  (c) a resident or patient of a veteran's administration hospital; or\n  (d) detained in jail awaiting action by a grand jury or awaiting trial\nor confined in jail or prison after a conviction for an offense other\nthan a felony and stating the place where such applicant is so detained\nor confined.\n  d. Such application shall include the following statement to be signed\nby the voter.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of application for absentee\nballots, I shall be guilty of a misdemeanor.\n Date.....................Signature of Voter ...........................\n  e. An applicant whose ability to appear personally at the polling\nplace of the school district of which he or she is a qualified voter is\nsubstantially impaired by reason of permanent illness or physical\ndisability and whose registration record has been marked "permanently\ndisabled" by the board of elections pursuant to the provisions of the\nelection law shall be entitled to receive an absentee ballot pursuant to\nthe provisions of this section without making separate application for\nsuch absentee ballot, and the board of registration upon being advised\nby the board of elections on or with the list of registered voters that\nthe registration record of a voter is marked "permanently disabled"\nshall send an absentee ballot to such voter at his or her last known\naddress with a request to the postal authorities not to forward same but\nto return same in five days in the event that it cannot be delivered to\nthe addressee. The board of education shall determine whether such\nballot shall be sent by first class or by certified mail. All such\nballots shall be mailed in the same manner as determined by the board of\neducation. The board of registration shall make an appropriate entry on\nthe registration indicating the fact that an absentee ballot has been\nsent and the date of mailing.\n  f. An application must be received by the district clerk no earlier\nthan the thirtieth day before the election for which an absentee ballot\nis sought. If the application requests that the absentee ballot be\nmailed, such application must be received not later than seven days\nbefore the election. If the applicant or his or her agent delivers the\napplication to the district clerk in person, such application must be\nreceived not later than the day before the election. The district clerk\nshall examine each application and shall determine from the information\ncontained therein whether the applicant is qualified under this section\nto receive an absentee ballot.\n  g. No later than six days before the election for which an application\nhas been received and for which the district clerk has determined the\napplicant to be qualified to vote by absentee ballot the district clerk\nshall mail, by regular mail, an absentee ballot to each qualified\napplicant who has applied before such day and who has requested that\nsuch absentee ballot be mailed to him or her at the address set forth in\nhis or her application. If the applicant or his or her agent delivers\nthe application to the district clerk in person after the seventh day\nbefore the election and not later than the day before the election, the\ndistrict clerk shall forthwith deliver such absentee ballots for those\napplicants whom he or she determines are qualified to make such\napplications and to receive such ballots to such applicants or the\nagents named in the applications when such applicants or agents appear\nin the district clerk's office.\n  3. If, upon examining the application required under the provisions of\nsubdivision two of this section, and upon such inquiry as it deems\nproper, the board of registration shall be satisfied that the applicant\nis a qualified voter of the district, and entitled to vote by absentee\nballot, such board shall place his name upon the register, thereupon the\napplicant shall be issued or mailed an absentee voter's ballot and the\nboard of registration shall make an appropriate entry on the register\nindicating that an absentee ballot has been applied for by, and issued\nto, the applicant.\n  4. Ballots for absentee voters shall be, as nearly as practicable, in\nthe same form as those to be voted at the district election; if the vote\nat such election shall be by ballot, the absentee ballot shall conform\nto the regular ballot; if the vote of such election shall be by voting\nmachine, the absentee ballot shall conform as closely as possible to the\nmanner in which the names of the candidates, the questions and the\npropositions appear on the voting machines, except that the absentee\nballot shall also contain a space for a write-in or write-ins. Such\nabsentee ballots shall also contain instructions as to the proper\nmarking thereof, in accordance with the provisions of sections two\nthousand thirty-two and two thousand thirty-four of this chapter. On the\nback of such absentee ballots shall be printed the words "Official\nBallot, Absentee Voter."\n  5. a. The board of registration shall enclose each absentee voter's\nballot in an envelope which shall be labelled:\n                            ELECTION MATERIAL\n                             PLEASE EXPEDITE\n    On one side of such envelope shall be printed:\n                     OFFICIAL BALLOT, ABSENTEE VOTER\n                                   for\n                        School District Election\nName of Voter .......................................\nResidence (street and number, if any) ...............\nCity (or Town) of ...................................\nCounty of ...........................................\nSchool district .....................................\nSchool Election District (if applicable) ............\n  The date of the election and name of the school district shall be\nprinted, and the name of the voter, residence, school district and\nschool election district (if applicable) shall be written in by the\nboard of registration.\n  b. On the reverse side of such envelope shall be printed the following\nstatement:\n                       STATEMENT OF ABSENTEE VOTER\n  I do declare that I am a citizen of the United States, and will be at\nleast eighteen years of age, on the date of the school district\nelection; that I will have been a resident of this state and of the\nschool district and school election district, if any, shown on the\nreverse side of this envelope for thirty days next preceding the said\nelection and duly registered in the school district and school election\ndistrict, if any, shown on the reverse side of this envelope and that I\nam or on such date will be, a qualified voter of said school district;\nthat I will be unable to appear personally on the day of said school\ndistrict election at the polling place of the said district in which I\nam or will be a qualified voter because of the reason stated on my\napplication heretofore submitted; that I have not qualified, or do I\nintend to vote, elsewhere than as set forth on the reverse side of this\nenvelope; that I have not received or offered, do not expect to receive,\nhave not paid, offered or promised to pay, contributed, offered or\npromised to contribute to another to be paid or used, any money or other\nvaluable thing, as a compensation or reward for the giving or\nwithholding of a vote at this school district election, and have not\nmade any promise to influence the giving or withholding of any such\nvotes; that I have not made or become directly or indirectly interested\nin any bet or wager depending upon the result of this school district\nelection; and that I have not been convicted of bribery or any infamous\ncrime, or, if so convicted, that I have been pardoned or restored to all\nthe rights of a citizen, without restriction as to the right of\nsuffrage, or received a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law removing my disability to register and vote.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of absentee voter, I shall be\nguilty of a misdemeanor.\n  Date.....................Signature of Voter ..........................\n  c. The envelope shall be gummed, ready for sealing, and shall have\nprinted thereon, on the side opposite the statement, instructions as to\nthe duties of the voter after the marking of the ballot, which\ninstructions shall include a specific direction stating that the\nenvelope must reach the office of the clerk of the school district not\nlater than five P.M. on the day of the election in order that his vote\nmay be canvassed.\n  d. A person who shall make any material false statement in the\nstatement of absentee voter appearing on the reverse side of the\nenvelope as provided in this subdivision, shall be guilty of a\nmisdemeanor.\n  6. The board of registration shall make a list of all persons to whom\nabsentee voter's ballots shall have been issued and file such list in\nthe office of the clerk where it shall be available for public\ninspection during regular office hours until the day of the election.\nAny qualified voter may, upon examination of such list, file a written\nchallenge of the qualifications as a voter of any person whose name\nappears on such list, stating the reasons for such challenge. A\nchallenge to an absentee ballot may not be made on the basis that the\nvoter should have applied for an early mail ballot. Such written\nchallenge shall be transmitted by the clerk to the inspectors of\nelection on election day.\n  7. a. The board of registration shall be authorized to call upon the\ncommissioner of police and the officers and members of the police force\nfor such assistance in the enforcement of the provisions of this section\nas such board shall require, and such commissioner and officers and\nmembers of the police force shall be authorized to render such\nassistance.\n  b. The board of registration may require any person to attend before\nit at the office of the clerk of the school district and be examined by\nthe board as to any matter in relation to which such board is charged\nwith a duty under this section, and may issue a subpoena therefor. Each\nmember of such board shall be authorized to administer any oath that may\nbe required or authorized by law in this connection.\n  8. No absentee voter's ballot shall be canvassed, unless it shall have\nbeen received in the office of the clerk of the school district not\nlater than five P.M. on the day of the election.\n  9. The clerk of the district shall, on the day of the election,\ntransmit all absentee voters' envelopes, received by him in accordance\nwith subdivision eight of this section, to the inspectors of election.\n  10. If, at the school district election, any absentee voters'\nenvelopes shall have been received at the polling place, the inspectors\nof election immediately after the closing of the polls shall examine\nthem, and shall compare the signature, if any, on each envelope with the\nsignature, if any, on the register, of the person of the same name who\nregistered from the same address. If the signatures are found to\ncorrespond, the inspectors shall certify thereto by signing their\ninitials opposite the name of the voter at the appropriate place in the\nregister. If a person whose name is on an envelope as a voter, shall\nhave already voted in person at such school district election, or if his\nname, residence and signature, as stated on the envelope, are not on the\nregister, or if there is no signature on the envelope, this envelope\nshall be laid aside unopened and be returned unopened to the clerk of\nthe district. If such person is found to be registered and has not so\nvoted in person, and if no objection is made, or if an objection made be\nnot sustained, the envelope shall be opened and the ballot withdrawn\nwithout unfolding and deposited in the proper box or boxes. At the time\nof the deposit of such ballot, the inspectors shall enter the words\n"absentee vote" at an appropriate place in the register.\n  11. During such examination any qualified voter present in the polling\nplace may object to the voting of the ballot contained in any envelope\nupon the ground or grounds (a) that the person named thereon is not a\nqualified voter of the school district, or school election district\n(where applicable), or (b) that he was within the county or city while\nthe polls of the election were open, except where the applicant is a\npatient in a hospital located within the county or city or detained or\nconfined in a jail located within the county or city and except where\nthe ballot was obtained upon the ground of inability to appear\npersonally at the polling place on the day of the school district\nelection because of illness or physical disability, or (c) that he was\nable to appear personally while the polls were open, in cases where the\nballot was obtained upon the ground that the voter was a patient in a\nhospital located within the county or city or detained or confined in a\njail located within the county or city or upon the ground of inability\nto appear personally at the polling place on the day of the election\nbecause of illness or physical disability, or (d) that he was not\nentitled to cast such ballot. An inspector shall make such an objection\nif he shall know or suspect that the person named on such envelope is\nnot such a qualified voter or was so within the school district or was\nable so to appear personally, or was not entitled to cast such ballot.\nThe election inspectors shall forthwith proceed to determine each\nobjection including any written challenge transmitted to them by the\ndistrict clerk as provided in subdivision six of this section. Unless\nthe inspectors, by majority vote, shall sustain the objection, the\nchairman, or if he refuses, another inspector shall endorse upon the\nenvelope the objection and the words "not sustained," shall sign such\nendorsement, and shall open the envelope and deposit the ballot as\nprovided in this section. Should the inspectors, by majority vote,\nsustain such objection, the objection and word "sustained" shall be\nsimilarly endorsed upon the envelope, the envelope shall not be opened\nnor the ballots therein canvassed, and such envelope shall be returned\nunopened to the clerk of the district. If the inspectors of election\nshall have received an envelope endorsed with the name of a person who\nto the knowledge of the inspectors is deceased on the day of the\nelection, the inspectors shall return such envelope unopened to the\nclerk of the district with the words "deceased--objection sustained"\nendorsed on the envelope.\n  12. If the inspectors of election shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the inspectors\nshall make a memorandum showing that the ballot is missing. When the\ncasting of absentee voters' ballots shall have been completed, the\ninspectors shall ascertain the number of such ballots which have been\ndeposited in the ballot box by deducting from the number of envelopes\nopened the number of missing ballots, and shall make a separate return\nthereof in duplicate. The number of absentee voters' ballots deposited\nin the ballot box shall be added to the number of other ballots\ndeposited in the ballot box in order to determine the number of all\nballots to be accounted for in the ballot box. Such ballots shall then\nbe counted or canvassed by the inspectors of election along with the\nother ballots cast at such school district election, or, where voting\nmachines are used, shall be added to the votes recorded on such\nmachines.\n  13. Where the district shall have been divided into school election\ndistricts pursuant to the provisions of this chapter, the provisions of\nthis section shall be applicable, provided that any reference in this\nsection to the term "board of registration" shall in such case refer to\nthe board of registration appointed by the board of education for each\nschool election district, except that paragraph b of subdivision seven\nof this section shall apply according to its terms.\n
N.Y. MRE Law § 40 — New York Code / Act MRE / Article 3 / Title 2 / Section 40
Repairs and cleanliness
Status: in_force

§ 40. Repairs and cleanliness. All old multiple dwellings shall be\nmaintained in conformity with the provisions of section one hundred\nseventy-four.\n
N.Y. ENV Law § 49-0207 — New York Code / Act ENV / Article 49 / Title 2 / Section 49-0207
State land acquisition plan
Status: in_force

* § 49-0207. State land acquisition plan.\n  1. The department and the office shall prepare a state land\nacquisition plan to guide selection of projects for state acquisition\ntaking into account regional advisory committee priorities and the\ndepartment's and office's assessment of need for land acquisition\nprojects. Such plan shall also take into account the goal of the state\nto facilitate the conservation of at least thirty percent of land in New\nYork state by the year two thousand thirty pursuant to section 49-0113\nof this article.  Such plan shall include an identification of:\n  a. lands, by region and category, for which acquisition is of a high\npriority in order to carry out the purposes of this title;\n  b. lands, by region, having statewide or regional environmental,\nhistoric, cultural or recreational significance that are threatened with\ndiminishment of resource value;\n  c. the department's and office's priorities of categories of land, by\nregion, for future acquisition; and\n  d. lands, by region, having statewide or regional environmental,\nhistoric, cultural or recreational significance which should be\nconsidered for state acquisition, but which do not qualify for\nacquisition under present law.\n  2. Such plan shall include consideration of the inventory prepared\npursuant to section 49-0205 of this title and shall identify those areas\nwithin the state which are not adequately protected in such categories.\n  3. In preparing such plan, the department and office shall:\n  a. conduct one or more public hearings in each of the department's\nadministrative regions.\n  b. consult with:\n  (i) the regional advisory committees;\n  (ii) officials of departments and agencies of the state having duties\nand responsibilities concerning the protection of open space and\nnatural, environmental, historic, cultural or recreational resources;\n  (iii) officials and representatives of local governments in the state;\nand\n  (iv) persons, organizations and groups interested in the protection of\nopen space and natural, environmental, historic, cultural or\nrecreational resources of the state.\n  c. request and receive from any department, division, board, bureau,\ncommission or any other agency of the state or any political subdivision\nthereof or any public authority such assistance and data as may be\nnecessary to enable the department and office to carry out its\nresponsibilities under this section.\n  4. The department and office shall prepare a draft plan and shall\npropose, no later than January thirty-first, nineteen hundred\nninety-one, a schedule of public hearings thereon.\n  5. On or before January thirty-first, nineteen hundred ninety-two and\nevery three years thereafter, the department and office shall submit the\nplan to the governor, the majority leader of the senate and the speaker\nof the assembly. Upon approval by the governor such plan shall become a\nguide for the implementation of the acquisition programs of the\ndepartment and office.\n  * NB Effective until January 1, 2031\n* § 49-0207. State land acquisition plan.\n  1. The department and the office shall prepare a state land\nacquisition plan to guide selection of projects for state acquisition\ntaking into account regional advisory committee priorities and the\ndepartment's and office's assessment of need for land acquisition\nprojects. Such plan shall include an identification of:\n  a. lands, by region and category, for which acquisition is of a high\npriority in order to carry out the purposes of this title;\n  b. lands, by region, having statewide or regional environmental,\nhistoric, cultural or recreational significance that are threatened with\ndiminishment of resource value;\n  c. the department's and office's priorities of categories of land, by\nregion, for future acquisition; and\n  d. lands, by region, having statewide or regional environmental,\nhistoric, cultural or recreational significance which should be\nconsidered for state acquisition, but which do not qualify for\nacquisition under present law.\n  2. Such plan shall include consideration of the inventory prepared\npursuant to section 49-0205 of this title and shall identify those areas\nwithin the state which are not adequately protected in such categories.\n  3. In preparing such plan, the department and office shall:\n  a. conduct one or more public hearings in each of the department's\nadministrative regions.\n  b. consult with:\n  (i) the regional advisory committees;\n  (ii) officials of departments and agencies of the state having duties\nand responsibilities concerning the protection of open space and\nnatural, environmental, historic, cultural or recreational resources;\n  (iii) officials and representatives of local governments in the state;\nand\n  (iv) persons, organizations and groups interested in the protection of\nopen space and natural, environmental, historic, cultural or\nrecreational resources of the state.\n  c. request and receive from any department, division, board, bureau,\ncommission or any other agency of the state or any political subdivision\nthereof or any public authority such assistance and data as may be\nnecessary to enable the department and office to carry out its\nresponsibilities under this section.\n  4. The department and office shall prepare a draft plan and shall\npropose, no later than January thirty-first, nineteen hundred\nninety-one, a schedule of public hearings thereon.\n  5. On or before January thirty-first, nineteen hundred ninety-two and\nevery three years thereafter, the department and office shall submit the\nplan to the governor, the majority leader of the senate and the speaker\nof the assembly. Upon approval by the governor such plan shall become a\nguide for the implementation of the acquisition programs of the\ndepartment and office.\n  * NB Effective January 1, 2031\n
N.Y. PBH Law § 280-A — New York Code / Act PBH / Article 2-A / Title 2 / Section 280-A
Pharmacy benefit managers
Status: in_force

§ 280-a. Pharmacy benefit managers.  1. Definitions. As used in this\nsection, the following terms shall have the following meanings:\n  (a) "Health plan " means an entity for which a pharmacy benefit\nmanager provides pharmacy benefit management services and that is a\nhealth benefit plan or other entity that approves, provides, arranges\nfor, or pays or reimburses in whole or in part for health care items or\nservices, to include at least prescription drugs, for a substantial\nnumber of beneficiaries who work or reside in this state. The\nsuperintendent shall determine, in his or her sole discretion, by\nregulation how the phrase "a substantial number of beneficiaries who\nwork or reside in this state" shall be interpreted.\n  (b) "Pharmacy benefit management services" means the management or\nadministration of prescription drug benefits for a health plan, directly\nor through another entity, and regardless of whether the pharmacy\nbenefit manager and the health plan are related, or associated by\nownership, common ownership, organization or otherwise; including the\nprocurement of prescription drugs to be dispensed to patients, or the\nadministration or management of prescription drug benefits, including\nbut not limited to, any of the following:\n  (i) mail service pharmacy;\n  (ii) claims processing, retail network management, or payment of\nclaims to pharmacies for dispensing prescription drugs;\n  (iii) clinical or other formulary or preferred drug list development\nor management;\n  (iv) negotiation or administration of rebates, discounts, payment\ndifferentials, or other incentives, for the inclusion of particular\nprescription drugs in a particular category or to promote the purchase\nof particular prescription drugs;\n  (v) patient compliance, therapeutic intervention, or generic\nsubstitution programs;\n  (vi) disease management;\n  (vii) drug utilization review or prior authorization;\n  (viii) adjudication of appeals or grievances related to prescription\ndrug coverage;\n  (ix) contracting with network pharmacies; and\n  (x) controlling the cost of covered prescription drugs.\n  (c) "Pharmacy benefit manager" means any entity that performs pharmacy\nbenefit management services for a health plan.\n  (d) "Maximum allowable cost price" means a maximum reimbursement\namount set by the pharmacy benefit manager for therapeutically\nequivalent multiple source generic drugs.\n  (e) "Controlling person" means any person or other entity who or which\ndirectly or indirectly has the power to direct or cause to be directed\nthe management, control or activities of a pharmacy benefit manager.\n  (f) "Covered individual" means a member, participant, enrollee,\ncontract holder or policy holder or beneficiary of a health plan.\n  (g) "License" means a license to be a pharmacy benefit manager, under\narticle twenty-nine of the insurance law.\n  (h) "Spread pricing" means the practice of a pharmacy benefit manager\nretaining an additional amount of money in addition to the amount paid\nto the pharmacy to fill a prescription.\n  (i) "Superintendent" means the superintendent of financial services.\n  2. Duty, accountability and transparency. (a) (i) The pharmacy benefit\nmanager shall have a duty and obligation to perform pharmacy benefit\nmanagement services with care, skill, prudence, diligence, and\nprofessionalism.\n  (ii) In addition to the duties as may be prescribed by regulation\npursuant to article twenty-nine of the insurance law:\n  (1) A pharmacy benefit manager interacting with a covered individual\nshall have the same duty to a covered individual as the health plan for\nwhom it is performing pharmacy benefit management services.\n  (2) A pharmacy benefit manager shall have a duty of good faith and\nfair dealing with all parties, including but not limited to covered\nindividuals and pharmacies, with whom it interacts in the performance of\npharmacy benefit management services.\n  (b) All funds received by the pharmacy benefit manager in relation to\nproviding pharmacy benefit management services shall be received by the\npharmacy benefit manager in trust and shall be used or distributed only\npursuant to the pharmacy benefit manager's contract with the health plan\nor applicable law; including any administrative fee or payment to the\npharmacy benefit manager expressly provided for in the contract to\ncompensate the pharmacy benefit manager for its services. Any funds\nreceived by the pharmacy benefit manager through spread pricing shall be\nsubject to this paragraph. In addition to any other power conferred by\nlaw the superintendent shall have the authority to prescribe rules\nconcerning pharmacy benefit manager administrative fees, including\nlimitations on their form and use.\n  (c) The pharmacy benefit manager shall account, annually or more\nfrequently to the health plan for any pricing discounts, rebates of any\nkind, inflationary payments, credits, clawbacks, fees, grants,\nchargebacks, reimbursements, or other benefits received by the pharmacy\nbenefit manager. The health plan shall have access to all financial and\nutilization information of the pharmacy benefit manager in relation to\npharmacy benefit management services provided to the health plan.\n  (d) The pharmacy benefit manager shall disclose in writing to the\nhealth plan the terms and conditions of any contract or arrangement\nbetween the pharmacy benefit manager and any party relating to pharmacy\nbenefit management services provided to the health plan including but\nnot limited to, dispensing fees paid to the pharmacies.\n  (e) The pharmacy benefit manager shall disclose in writing to the\nhealth plan any activity, policy, practice, contract or arrangement of\nthe pharmacy benefit manager that directly or indirectly presents any\nconflict of interest with the pharmacy benefit manager's relationship\nwith or obligation to the health plan.\n  (f) Any information required to be disclosed by a pharmacy benefit\nmanager to a health plan under this section that is reasonably\ndesignated by the pharmacy benefit manager as proprietary or trade\nsecret information shall be kept confidential by the health plan, except\nas required or permitted by law, including disclosure necessary to\nprosecute or defend any legitimate legal claim or cause of action.\nDesignation of information as proprietary or trade secret information\nunder this subdivision shall have no effect on the obligations of any\npharmacy benefit manager or health plan to provide that information to\nthe department of health or the department of financial services.\n  (g) The superintendent, in consultation with the commissioner may make\nregulations defining, limiting, and relating to the duties, obligations,\nrequirements and other provisions relating to pharmacy benefit managers\nunder this subdivision.\n  3. Prescriptions. A pharmacy benefit manager may not substitute or\ncause the substituting of one prescription drug for another in\ndispensing a prescription, or alter or cause the altering of the terms\nof a prescription, except with the approval of the prescriber or as\nexplicitly required or permitted by law, including regulations of the\ndepartment of financial services or the department of health. The\nsuperintendent and commissioner, in coordination with each other, are\nauthorized to promulgate regulations to determine when substitution of\nprescription drugs may be required or permitted.\n  4. Appeals. A pharmacy benefit manager shall, with respect to\ncontracts between a pharmacy benefit manager and a pharmacy or,\nalternatively, a pharmacy benefit manager and a pharmacy's contracting\nagent, such as a pharmacy services administrative organization, include\na reasonable process to appeal, investigate and resolve disputes\nregarding multi-source generic drug pricing. The appeals process shall\ninclude the following provisions:\n  (a) the right to appeal by the pharmacy and/or the pharmacy's\ncontracting agent shall be limited to thirty days following the initial\nclaim submitted for payment;\n  (b) a telephone number through which a network pharmacy may contact\nthe pharmacy benefit manager for the purpose of filing an appeal and an\nelectronic mail address of the individual who is responsible for\nprocessing appeals;\n  (c) the pharmacy benefit manager shall send an electronic mail message\nacknowledging receipt of the appeal. The pharmacy benefit manager shall\nrespond in an electronic message to the pharmacy and/or the pharmacy's\ncontracting agent filing the appeal within seven business days\nindicating its determination. If the appeal is determined to be valid,\nthe maximum allowable cost for the drug shall be adjusted for the\nappealing pharmacy effective as of the date of the original claim for\npayment. The pharmacy benefit manager shall require the appealing\npharmacy to reverse and rebill the claim in question in order to obtain\nthe corrected reimbursement;\n  (d) if an update to the maximum allowable cost is warranted, the\npharmacy benefit manager or covered entity shall adjust the maximum\nallowable cost of the drug effective for all similarly situated\npharmacies in its network in the state on the date the appeal was\ndetermined to be valid; and\n  (e) if an appeal is denied, the pharmacy benefit manager shall\nidentify the national drug code of a therapeutically equivalent drug, as\ndetermined by the federal Food and Drug Administration, that is\navailable for purchase by pharmacies in this state from wholesalers\nregistered pursuant to subdivision four of section sixty-eight hundred\neight of the education law at a price which is equal to or less than the\nmaximum allowable cost for that drug as determined by the pharmacy\nbenefit manager.\n  5. Contract provisions. No pharmacy benefit manager shall, with\nrespect to contracts between such pharmacy benefit manager and a\npharmacy or, alternatively, such pharmacy benefit manager and a\npharmacy's contracting agent, such as a pharmacy services administrative\norganization:\n  (a) prohibit or penalize a pharmacist or pharmacy from disclosing to\nan individual purchasing a prescription medication or service\ninformation regarding:\n  (i) the cost of the prescription medication or service to the\nindividual, or the cost of the prescription medication or service to the\npharmacy and the pharmacy's reimbursement for that prescription\nmedication or service; or\n  (ii) the availability of any therapeutically equivalent alternative\nmedications or alternative methods of purchasing the prescription\nmedication, including but not limited to, paying a cash price; or\n  (b) charge or collect from an individual a copayment that exceeds the\ntotal submitted charges by the pharmacy for which the pharmacy is paid.\nIf an individual pays a copayment, the pharmacy shall retain the\nadjudicated costs and the pharmacy benefit manager shall not redact or\nrecoup the adjudicated cost.\n
N.Y. RPT Law § 466-E — New York Code / Act RPT / Article 4 / Title 2 / Section 466-E
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-e. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than one hundred forty-six\nthousand inhabitants but less than one hundred fifty thousand\ninhabitants, determined in accordance with the latest federal dicennial\ncensus, shall be exempt from taxation to the extent of ten percent of\nthe assessed value of such property for city, village, town, part town,\nspecial district, school district, fire district or county purposes,\nexclusive of special assessments, provided that the governing body of a\ncity, village, town, school district, fire district or county, after a\npublic hearing, adopts a local law, ordinance or resolution providing\ntherefor; provided further, however, that such exemption shall in no\nevent exceed three thousand dollars multiplied by the latest state\nequalization rate for the assessing unit in which such real property is\nlocated.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality, school district and/or fire\ndistrict which adopts a local law, ordinance or resolution pursuant to\nthis section to determine the procedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage, town, school district, fire district or county, after a public\nhearing, adopts a local law, ordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality,\nschool district and/or fire district offering such exemption on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 4 § 466-e's\n  * NB Repealed December 9, 2028\n
N.Y. SOS Law § 461-Q — New York Code / Act SOS / Article 7 / Title 2 / Section 461-Q
Temperature standards in adult homes, enriched housing programs and residences for adults
Status: in_force

§ 461-q. Temperature standards in adult homes, enriched housing\nprograms and residences for adults. The commissioner of health shall\npromulgate rules and regulations with respect to an allowable\ntemperature in all areas occupied by residents of an adult home,\nenriched housing program and residence for adults, including any areas\nintended for use by its residents in common including auditoriums,\nmeeting rooms and cafeterias.  One common room in such adult home,\nenriched housing program and residence for adults shall be required to\nbe air conditioned.\n
N.Y. LFN Law § 25.00 — New York Code / Act LFN / Article 2 / Title 2 / Section 25.00
Revenue anticipation notes
Status: in_force

§ 25.00 Revenue anticipation notes. a. As used in this section:\n  1. The term "taxes" shall mean taxes other than real estate taxes.\n  2. The terms "rents," "rates" or "charges" shall mean sewer or water\nrents, rates or charges.\n  3. The term "moneys" shall mean moneys to be received from the state,\nthe United States government or from the county as a portion of the\ndistribution of the county sales and compensating use tax, and for\nspecial act public school districts enumerated in chapter five hundred\nsixty-six of the laws of nineteen hundred sixty-seven, as amended, shall\nalso mean tuition payments to be received from public school districts\nand social services districts.\n  4. The term "other income" shall mean income derived from electric\nlight and power plants or distribution systems, or other utility plants\nor distribution systems, or any other type of income producing\nfacilities or operations owned and operated by a municipality or a\ndistrict corporation.\n  5. The term "revenue" includes taxes, rents, rates, charges, moneys\nand other income.\n  b. (1) Revenue anticipation notes may be issued by any municipality,\nschool district or district corporation in anticipation of: the\ncollection or receipt of revenue, provided that each such note shall be\nissued only against a specific type of revenue, or for the purpose of\nrenewing a previously issued revenue anticipation note.\n  (2) Notwithstanding the provisions of paragraph one of this\nsubdivision, revenue anticipation notes may be issued by the city of New\nYork for revenues receivable from state and federal governments on an\noverall basis, rather than by specific sources of revenue.\n  c. 1. Revenue anticipation notes may be issued during any fiscal year\nin which such taxes, rents, rates or charges or other income in\nanticipation of which such notes are issued become due and payable or\nsuch moneys become due; however, such notes may be issued by a school\ndistrict in anticipation of moneys to be received in a fiscal year\nduring the two weeks prior to the commencement of such fiscal year.\n  2. In addition to the powers granted by subparagraph one of this\nparagraph c or by any other provision of this section, the city of New\nYork may issue revenue anticipation notes in anticipation of a specific\ntype of revenue, as defined in this sub-paragraph two, which is to be\nreceived or collected by such city in the fiscal year of such city\ncommencing after the fiscal year during which such notes are issued, in\nan amount not exceeding the portion of such specific type of revenue\nestimated by the mayor of such city to be attributable to or based upon\ntransactions or activities occurring during the months of April, May and\nJune of the fiscal year during which such notes are issued, less the\namount of such portion of such specific type of revenue so estimated by\nthe mayor, which has actually been received or collected at the time of\nthe issuance of such notes and the amount of any outstanding revenue\nanticipation notes issued against such portion of such specific type of\nrevenue so estimated by the mayor. The proceeds of notes issued pursuant\nto this sub-paragraph two may be applied to any purposes or expenditures\nof the fiscal year of such city during which such notes are issued,\nincluding payment into the general fund of such city for use during such\nfiscal year, or for the redemption of notes in renewal of which such\nnotes were issued. The provisions of paragraph d of this section shall\nnot apply to revenue anticipation notes issued pursuant to this\nsubparagraph two. As used in this subparagraph two, the term "revenue"\nshall mean any taxes, rents, rates, charges, moneys or other income as\ndefined in paragraph a of this section, imposed, charged or received by\nsuch city pursuant to any state or local law heretofore or hereafter\nenacted and attributable to or based upon transactions or activities\noccurring in the months of April, May and June of a fiscal year during\nwhich revenue anticipation notes are issued by such city pursuant to\nthis subparagraph two and which is to be received or collected by such\ncity in the fiscal year commencing after such April, May and June, and\nshall include, but not be limited to: (a) taxes imposed under titles G,\nM, N, V of chapter forty-six of the administrative code of the city of\nNew York with respect to which returns are required to be filed in\naccordance with the provisions of subdivision (e) of section twelve\nhundred fifty-one of the tax law; (b) taxes imposed under titles P and Q\nof chapter forty-six of such code with respect to which returns are\nrequired to be filed on or before the twenty-fifth day of July, nineteen\nhundred sixty-five for the calendar month of June, nineteen hundred\nsixty-five; (c) taxes imposed by such city pursuant to chapter two\nhundred fifty-seven of the laws of nineteen hundred sixty-three as\nheretofore or hereafter amended or supplemented; (d) taxes imposed by\nsuch city by local laws adopted or amended after April eleventh,\nnineteen hundred sixty-five, pursuant to article twenty-nine of the tax\nlaw as heretofore or hereafter amended or supplemented; (e) taxes\npayable into the general fund of the city of New York pursuant to\nsection two hundred sixty-one of the tax law as heretofore or hereafter\namended or supplemented; (f) charges for the supply of water by such\ncity in accordance with meter rates and minimum charges for such supply\nof water measured by meter, payable as prescribed by section 415\n(1)-17.0 of the administrative code of the city of New York as\nheretofore or hereafter amended or supplemented; (g) the amounts payable\nto such city pursuant to subdivision two of section one hundred twelve-a\nof the highway law as heretofore or hereafter amended or supplemented;\n(h) the amounts payable into the general fund of such city pursuant to\nsection eighty-nine of the state finance law as heretofore or hereafter\namended or supplemented; and (i) taxes imposed by such city pursuant to\nchapter two hundred thirty-five of the laws of nineteen hundred\nfifty-two as heretofore or hereafter amended.\n  d. The total amount of revenue anticipation notes which a\nmunicipality, school district or district corporation may issue in\nanticipation of the collection or receipt of a specific type of revenue\nshall be determined in the following manner:\n  1. In a municipality, school district or district corporation in which\nan annual budget is prepared and adopted for a fiscal year prior to the\ncommencement thereof, such amount shall be\n  (a) The amount of such specific type of revenue as estimated in the\nannual budget of such municipality, school district or district\ncorporation for such fiscal year, or the amount of such specific type of\nrevenue recognized for the fiscal year preceding that for which such\nbudget is to be or has been adopted, whichever amount is the smaller,\nless\n  (b) The amount of such specific type of revenue so estimated in such\nbudget which has actually been received or collected at the time of the\nissuance of such notes, and the amount of any outstanding revenue\nanticipation notes issued against such specific type of revenue for the\nfiscal year for which such notes are to be issued. For such a\nmunicipality, school district or district corporation, the term\n"estimated amount" as used in paragraph g of this section shall mean the\nsmaller amount determined in item (a) of this subdivision prior to the\ndeductions required by this item.\n  The provisions of this subdivision shall not be applicable (1) where a\nspecific type of revenue has not been estimated in such budget and in\nthat case such amount shall be the amount of such revenue as is\nestimated by the chief fiscal officer to be recognized for the fiscal\nyear for which such budget has been adopted, or (2) where a specific\ntype of revenue has not been recognized for the entire fiscal year\npreceding that for which such budget has been adopted and in that case\nsuch amount shall be the amount, if any, of the specific type of revenue\nas estimated in the annual budget, less, in either case, the amount of\nsuch specific type of revenue which has actually been received or\ncollected at the time of the issuance of such notes, and the amount of\nany outstanding revenue anticipation notes issued against such specific\ntype of revenue for the fiscal year for which such notes are to be\nissued.\n  2. In a municipality, school district or district corporation in which\nan annual budget is not prepared or in which an annual budget is\nprepared for a fiscal year but is adopted subsequent to the commencement\nthereof, such amount shall be\n  (a) The amount of such specific type of revenue recognized for the\nfiscal year next preceding the fiscal year for which such notes are to\nbe issued, or the amount of such specific type of revenue recognized for\nthe second fiscal year preceding the fiscal year for which such notes\nare to be issued, whichever amount is the smaller, less\n  (b) The amount of such specific type of revenue for the fiscal year\nfor which such notes are to be issued, which has actually been received\nor collected at the time of the issuance of such notes, and the amount\nof any outstanding revenue anticipation notes issued against such\nspecific type of revenue for the fiscal year for which such notes are to\nbe issued. For such a municipality, school district or district\ncorporation, the term "estimated amount" as used in paragraph g of this\nsection shall mean the smaller amount determined in item (a) of this\nsubdivision prior to the deductions required by this item.\n  The provisions of this subdivision shall not be applicable where a\nspecific type of revenue has not been recognized for the entire fiscal\nyear next preceding the fiscal year for which such budget is to be or\nhas been adopted and in that case such amount shall be the amount of\nsuch revenue as is estimated in such budget or, if there is no such\nestimate, then the amount of such revenue as is estimated by the chief\nfiscal officer to be recognized for the fiscal year for which such\nbudget is to be adopted, less the amount of such specific type of\nrevenue for the fiscal year for which such budget is to be or has been\nadopted which has actually been collected or received at the time of the\nissuance of such notes, and the amount of any outstanding revenue\nanticipation notes issued against such specific type of revenue.\n  * 3. Notwithstanding the provisions of subdivisions one and two of\nthis paragraph, if the restrictions imposed therein upon the amount for\nwhich revenue anticipation notes may be issued against any specific type\nof revenue in any fiscal year shall cause undue hardship upon any\nmunicipality, school district or district corporation, any such\nmunicipality, school district or district corporation may apply to the\nstate comptroller for authority to issue such notes in an amount not in\nexcess of the amount of such specific type of revenue as estimated in\nthe annual budget of, or contemplated to be collected or received by,\nany municipality, school district or district corporation for or during\nthe fiscal year in which such taxes, rents, rates, charges or other\nincome shall become due and payable or such moneys become due. Such\napplication shall be in writing and shall be signed and verified by the\nchief fiscal officer of the municipality, school district or district\ncorporation. The state comptroller shall prescribe the procedure in any\nsuch proceeding and the information to be furnished to him necessary to\nmake such determination. The state comptroller shall have power in any\nsuch proceeding to determine if such restrictions have caused, or will\ncause, an undue hardship upon any such municipality, school district or\ndistrict corporation, and, if he so determines, then he shall have power\nto authorize any such municipality, school district or district\ncorporation to issue such notes in an amount not in excess of the\nlimitation hereinabove expressed in this subdivision, and such\ndetermination and authorization by the state comptroller shall be\nconclusive as to the amount of such notes which may be issued against\nany such specific type of revenue.\n  * NB There are 2 subdivision 3's of paragraph d\n  * 3. Notwithstanding any other provisions of this paragraph d in the\ncity of New York such amount shall be\n  (a) The amount of such specific type of revenue consisting of revenue\nother than moneys, as is estimated in the annual budget of such city to\nbe collected or received in the fiscal year for which such budget has\nbeen adopted, and the amount of such specific type of revenue consisting\nof moneys as is estimated in the annual budget of such city to be due in\nthe fiscal year for which such budget has been adopted, less\n  (b) The amount of such specific type of revenue so estimated in such\nbudget which has actually been received or collected at the time of the\nissuance of such notes, and the amount of any outstanding revenue\nanticipation notes issued against such specific type of revenue for the\nfiscal year in which such taxes, rents, rates, charges or other income\nbecome due and payable or in which such moneys become due. For the city\nof New York, the term "estimated amount" as used in paragraph g of this\nsection shall mean the amount determined in item (a) of this\nsubparagraph three prior to the deduction required by item (b) of this\nsubparagraph three.\n  The provisions of this subparagraph three shall not be applicable\nwhere a specific type of revenue has not been estimated in such budget\nand in that case such amount shall be the amount of such specific type\nof revenue consisting of revenue other than moneys, as is estimated by\nthe mayor to be collected or received in the fiscal year for which such\nbudget has been adopted, and the amount of such specific type of revenue\nconsisting of moneys as is estimated by the mayor to be due in the\nfiscal year for which such budget has been adopted, less the amount of\nsuch specific type of revenue which has actually been received or\ncollected at the time of the issuance of such notes, and the amount of\nany outstanding revenue anticipation notes issued against such specific\ntypes of revenue for the fiscal year in which such taxes, rents, rates,\ncharges or other income become due and payable or in which such moneys\nbecome due.\n  * NB There are 2 subdivision 3's of paragraph d\n  4. Whenever this paragraph requires a determination or estimate of the\namount of a specific type of revenue recognized or to be recognized for\na fiscal year, such determination or estimate shall be made in\nconformance with the basis of accounting used by the municipality,\nschool district or district corporation to prepare the most recent\nannual financial report filed pursuant to section thirty of the general\nmunicipal law.\n  d-2. The provisions of paragraph d of this section shall not be\napplicable to revenue anticipation notes issued in anticipation of the\nreceipt of moneys from the federal government pursuant to title one of\nthe housing act of nineteen hundred forty-nine, as amended.\n  e. The proceeds of revenue anticipation notes shall be used only for\nthe purpose of (1) meeting expenditures payable from the type of revenue\nin anticipation of which such notes were issued, or (2) for the\nredemption of notes in renewal of which such notes were issued.\n  f. Revenue anticipation notes shall mature within one year and may be\nrenewed from time to time, but each renewal shall be for a period not\nexceeding one year and in no event shall such notes, or the renewals\nthereof, extend beyond the close of the second fiscal year succeeding\nthe fiscal year in which such notes were issued. Such notes shall not be\nrenewed in an amount in excess of the difference between the amount of\nthe uncollected or unreceived revenue in anticipation of which they were\nissued and the amount of any other outstanding revenue anticipation\nnotes issued in anticipation of the collection or receipt of such\nrevenue.\n  g. Whenever the amount of revenue anticipation notes issued for a\nfiscal year against a specific type of revenue shall equal the estimated\namount of such specific type of revenue in anticipation of the\ncollection or receipt of which such notes shall have been issued, less\nthe amount of such revenue actually received or collected, all of such\nrevenue, as thereafter received or collected, shall be set aside in a\nspecial bank account to be used only for the payment of such revenue\nanticipation notes as they become due. Any municipality, school district\nor district corporation may make budgetary appropriations for the\nredemption of revenue anticipation notes whether or not required or\notherwise authorized by law to do so. In the event such an appropriation\nis made, such municipality, school district or district corporation\nshall not be required to pay into the special account the proceeds of\nthe specific type of revenue against which such notes were issued but\nsuch proceeds may be used in the manner provided by law or if there is\nno provision of law pertaining to the use of such proceeds, such\nproceeds shall be treated as surplus moneys for the fiscal year in which\nthey are collected.\n  h. Notwithstanding the provisions of paragraph b of this section any\nmunicipality, school district or district corporation may issue a single\nrevenue anticipation note in anticipation of the collection or receipt\nof any number of, or all, specific types of revenue, providing that the\namount of indebtedness to be contracted against each specific type of\nrevenue shall be stated in the resolution or certificate authorizing the\nissuance of such note, and such amount shall not exceed the respective\namounts of indebtedness which could be contracted against each specific\ntype of revenue under any other paragraph of this section. The proceeds\nof any such single revenue anticipation note shall be severable\naccording to the specific types of revenue against which indebtedness\nhas been therein contracted and shall be treated in the same manner as\nthe proceeds of separate revenue anticipation notes, each of which was\nissued against a specific type of revenue, would have been applied. Any\nmunicipality, school district or district corporation which issues any\nsuch single revenue anticipation note shall comply with the provisions\nof paragraph g of this section, except that for the purposes of such\nparagraph (1) any such single revenue anticipation note shall be treated\nas a group of separate revenue anticipation notes, each issued against a\nspecific type of revenue, and (2) the amount issued against each\nspecific type of revenue shall be the amount stated in the resolution or\ncertificate authorizing the issuance of any such single revenue\nanticipation note. The municipality, school district or district\ncorporation shall keep proper records which will show at all times the\nunpaid balances due on any such single revenue anticipation note\naccording to the types of revenue against which such note was issued.\n  i. (a) A board of cooperative educational services may issue revenue\nanticipation notes, as authorized by paragraph g of subdivision four of\nsection nineteen hundred fifty of the education law, in anticipation of\nmoney to be received from the state, the United States government, and\nfrom its component school districts for services or for administrative\nand clerical expenses.\n  (b) For the purposes of this subdivision i, and for the purposes of\nsections 30.00 and 39.00 and titles four, five, six and twelve of this\nchapter, the board of cooperative educational services shall be the\nfinance board, its president shall be its chief fiscal officer, and its\nfiscal year shall be the fiscal year of its component school districts;\nprovided, further, that the provision of section 162.00 of this chapter\nshall be applicable to revenue anticipation notes issued under this\nsubdivision.\n  j. 1. The provisions of this paragraph shall apply only to revenue\nanticipation notes, including renewals thereof, issued by the city of\nBuffalo during its fiscal years ending June thirtieth, in each of the\nyears nineteen hundred eighty-four, nineteen hundred eighty-five,\nnineteen hundred eighty-six, nineteen hundred eighty-seven, and nineteen\nhundred eighty-eight, in anticipation of the receipt of state aid and\nlocal assistance, and only to such issues of revenue anticipation notes\nas to which the certificate described in subdivision three of this\nparagraph is filed.\n  2. Each issue of revenue anticipation notes shall be issued only in\nanticipation of the receipt of a specific type or types of state aid and\nlocal assistance, provided that the amount of indebtedness to be\ncontracted for each such specific type of state aid and local assistance\nshall be stated in the proceedings authorizing the issuance of such\nnotes. Except as provided in subdivision eight of this paragraph,\nrevenue anticipation notes shall be payable only at the office of a bank\nor trust company designated as the paying agent thereof in accordance\nwith this chapter. Revenue anticipation notes, including renewals\nthereof, shall mature not later than the last day of the fiscal year of\nsuch city in which such notes were originally issued. The proceedings\nauthorizing revenue anticipation notes may include provisions, which\nshall constitute a covenant by such city with the purchasers and holders\nand owners from time to time of such notes, limiting the power of the\ncity to authorize and issue additional notes during the then current\nfiscal year of such city in anticipation of the same specific type or\ntypes of state aid and local assistance as the notes authorized by such\nproceedings.\n  3. Prior to the delivery of each issue of revenue anticipation notes,\nthe chief fiscal officer of such city shall file with the state\ncomptroller a certificate setting forth with respect to such issue (i)\nthe principal amount, (ii) the date of issue, (iii) the maturity date,\n(iv) the interest rate or rates, (v) if interest shall be payable\notherwise than at maturity, the date or dates for the payment thereof,\n(vi) the name and address of the paying agent, (vii) the name and\naddress of each purchaser, or if a purchaser shall be a syndicate or\nsimilar account, the name and address of each managing underwriter of\nsuch syndicate or similar account, (viii) the amount payable on each\nprincipal payment date and interest payment date, (ix) a description of\nthe type or types of state aid and local assistance in anticipation of\nwhich such revenue anticipation notes are being issued and, if more than\none type of state aid and local assistance is involved, the amount of\nindebtedness being contracted against each specific type of state aid\nand local assistance, and (x) a schedule setting forth the total amount\nof each such type or types of state aid or local assistance anticipated\nto be received, and the expected date or dates of anticipated receipt of\nsuch state aid or local assistance.\n  Such certificate shall be accompanied by a statement executed by the\nchief fiscal officer of such city certifying that, with respect to any\nspecific type or types of state aid or local assistance referred to\ntherein which is not required by law to be paid by the state on a fixed\ndate or dates, the city of Buffalo will effectuate procedures by which\nany claim or request on which such payment is conditioned will be timely\nsubmitted so that payment can be made by the state in accordance with\nthe schedule contained in such certificate as item (x). Such statement\nshall also contain a certification that the amounts and times of\npayments of state aid and local assistance contained in such schedule\nhave been estimated by the use of reasonable and appropriate data and\nmethods of estimation, all in accordance with applicable law.\n  4. All revenue anticipation notes, in addition to a pledge of the\nfaith and credit of such city for the payment thereof, shall contain a\nrecital to the effect that they are entitled to the benefits of the\nprovisions of this paragraph.\n  5. Commencing on the date not less than five days prior to and on each\nday thereafter up to and including any principal and/or interest payment\ndate referred to in the certificate filed by the chief fiscal officer of\nthe city with the state comptroller pursuant to subdivision three of\nthis paragraph, the state comptroller shall pay to such paying agent\nfrom moneys as provided in subdivision six of this paragraph the amount\nrequired to pay in full the principal and/or interest due on such\npayment date as set forth in such certificate. Moneys so paid shall pass\nimmediately from the state and vest in such paying agent in trust for\nthe benefit of the holders of the revenue anticipation notes to which\nsuch certificate relates. No other person having any claim of any kind\nin tort, contract or otherwise against such city shall have any right to\nor claim against the moneys held by such paying agent, and such moneys\nshall not be subject to any order, judgment, lien, execution,\nattachment, setoff or counterclaim by any such other person. Such moneys\nshall be held by such paying agent in a separate trust account and shall\nbe applied only to the payment of the principal and/or interest due on\nsuch revenue anticipation notes, provided, however, that the contract by\nand between such city and such paying agent may provide for (i) the\ninvestment by such paying agent of such moneys in direct obligations of\nor in obligations guaranteed by the United States of America, provided\nsuch obligations shall be payable or redeemable at the option of the\nholder within such time as the proceeds shall be needed to pay such\nprincipal and/or interest due on such revenue anticipation notes, and\n(ii) the use by such paying agent of such moneys for the purchase of\ndirect obligations of or obligations guaranteed by the United States of\nAmerica under one or more repurchase agreements with any bank or trust\ncompany having its principal office in the state of New York, provided\nthat any such repurchase agreement shall provide for the repurchase of\nsuch obligations within such time as such moneys are needed to pay the\nprincipal and/or interest due on such revenue anticipation notes at a\nrepurchase price at least sufficient to make the amount so invested\navailable for the payment of principal and/or interest due on such\nrevenue anticipation notes, and provided, further, that, at the time of\nsuch purchase, the market value of such obligations shall be at least\nequal to one hundred two per centum of the amount so invested. No person\nhaving any claim of any kind in tort, contract or otherwise against such\ncity shall have any right to or claim against any moneys of the state\nappropriated by the state and in anticipation of which such notes have\nbeen issued, other than a claim for payment by the holders of such\nnotes, and such moneys shall not be subject to any order, judgment,\nlien, execution, attachment, setoff or counterclaim by any such person;\nprovided, however, that nothing contained in this paragraph shall be\nconstrued to limit, impair, impede or otherwise adversely affect in any\nmanner the rights or remedies of the purchasers and holders and owners\nof any bonds or notes of the state or any agency, instrumentality,\npublic benefit corporation or political subdivision thereof, including\nthe city of Buffalo, under which such purchasers and holders and owners\nhave any right of payment of such bonds or notes by recourse to state\naid or local assistance moneys held by the state and with respect to\nwhich the state has covenanted with such purchasers and holders and\nowners that it will not repeal, revoke or rescind any provision of law\nor amend or modify the same so as to limit, impair or impede any such\nrights or remedies. Notwithstanding any provision of law to the\ncontrary, no instrument relating to any transaction authorized or\ncontemplated by this paragraph need be filed under the provisions of the\nuniform commercial code.\n  6. Commencing on the day when the state comptroller determines that\nthe principal and interest due or to come due on the outstanding revenue\nanticipation notes issued for a fiscal year against a specific type or\ntypes of state aid or local assistance pursuant to this paragraph shall\nequal ninety percent of the amount of such specific type of state aid or\nlocal assistance as set forth on the schedule included in the\ncertificate filed with him pursuant to subdivision three of this\nparagraph remaining to be paid to such city on or prior to any principal\nand/or interest payment date, the state comptroller shall deduct and\nwithhold from the amount appropriated for each such specific type of\nstate aid and local assistance otherwise payable to such city an amount\nsufficient to pay, when due, the principal of and interest on all such\nrevenue anticipation notes issued and then outstanding in anticipation\nthereof. Amounts so deducted and withheld shall be transferred and\ncredited by the state comptroller to the account established for such\nspecific state aid or local assistance in the state aid and local\nassistance revenue withholding fund established pursuant to section\nninety-two-l of the state finance law, at such time as any payment of\neach such specific type of state aid or local assistance is scheduled,\nby law or otherwise, to be made to such city. In each case, the payments\nrequired to be made by the state comptroller pursuant to subdivision\nfive of this paragraph shall be made from amounts on deposit in the\naccounts established for each such specific type of state aid and local\nassistance in the state aid and local assistance revenue withholding\nfund. Whenever any issue of revenue anticipation notes has been issued\nin anticipation of more than one specific type of state aid and local\nassistance as authorized by subdivision two of this paragraph, each such\npayment shall be made from each separate account according to the\nprincipal amount of indebtedness contracted against each specific type\nof state aid and local assistance.\n  7. The state of New York hereby covenants with the holders from time\nto time of revenue anticipation notes issued by such city that it will\nnot repeal, rescind or revoke the provisions of this paragraph or the\nprovisions of section ninety-two-l of the state finance law or amend or\nmodify the same as to limit, impair or impede the rights and remedies\ngranted hereby to such holders, provided, however, that nothing in this\nparagraph contained shall be deemed or construed as giving or pledging\nthe credit of the state or as requiring the state to continue the\npayment of any specific type or types of state aid or local assistance\nto such city or as limiting or prohibiting the state from repealing or\namending any law heretofore or hereafter enacted relating to state aid\nand local assistance to such city, the manner and time of payment or\napportionment thereof, or the amount thereof, nor shall such revenue\nanticipation notes be a debt of the state and the state shall not be\nliable thereon.\n  8. Notwithstanding any other provision of this paragraph, at the\nexpiration of one hundred eighty days after the maturity date of any\nissue of revenue anticipation notes issued hereunder, the amounts held\nby the paying agent thereof for the payment of the principal of and\ninterest on the notes of such issue which have not been presented for\npayment shall be paid over and remitted by such paying agent to such\ncity and thereafter the holders of such notes shall look only to such\ncity for such payment.\n  9. All other provisions of this chapter not inconsistent with the\nprovisions of this paragraph shall continue to apply to the\nauthorization and issuance of revenue anticipation notes by such city.\n  k. 1. A special act public school district may issue revenue\nanticipation notes or obtain letters of credit in anticipation of moneys\nto be received from the state, the United States government and from\npublic school districts or social services districts which place\nstudents in the special act public school district.\n  2. For the purposes of this paragraph, and for the purposes of\nsections 30.00 and 39.00 and titles four, five, six and twelve of this\narticle, the board of education shall be the finance board and its\npresident shall be its chief fiscal officer; provided, further, that\nsection 162.00 of this article shall be applicable to revenue\nanticipation notes issued under this paragraph.\n
N.Y. PBH Law § 238-A — New York Code / Act PBH / Article 2 / Title 2-D / Section 238-A
Prohibition of financial arrangements and referrals
Status: in_force

§ 238-a. Prohibition of financial arrangements and referrals.  1. (a)\nA practitioner authorized to order clinical laboratory services,\npharmacy services, radiation therapy services, physical therapy services\nor x-ray or imaging services may not make a referral for such services\nto a health care provider authorized to provide such services where such\npractitioner or immediate family member of such practitioner has a\nfinancial relationship with such health care provider.\n  (b) A health care provider or a referring practitioner may not present\nor cause to be presented to any individual or third party payor or other\nentity a claim, bill, or other demand for payment for clinical\nlaboratory services, pharmacy services, radiation therapy services,\nphysical therapy services or x-ray or imaging services furnished\npursuant to a referral prohibited by this subdivision.\n  2. Subdivision one of this section shall not apply in any of the\nfollowing cases:\n  (a) practitioners' services - in the case of practitioners' services\nprovided personally by, or under the supervision of, another\npractitioner in the same group practice as the referring practitioner;\n  (b) in-office ancillary services - in the case of health or health\nrelated items or services (i) that are furnished personally by the\nreferring practitioner, personally by a practitioner who is a member of\nthe same group practice as the referring practitioner, or personally by\nindividuals who are employed by such practitioner or group practice and\nwho are supervised by the practitioner or by another practitioner in the\ngroup practice; and in a building in which the referring practitioner,\nor another practitioner who is a member of the same group practice,\nfurnishes practitioners' services unrelated to the furnishing of such\nitems or services, or in the case of a referring practitioner who is a\nmember of a group practice, in another building which is used by the\ngroup practice for the centralized provision of such items or services\nof the group; and (ii) that are billed by the practitioner performing or\nsupervising the services, by a group practice of which such practitioner\nis a member, or by an entity that is wholly owned by such practitioner\nor such group practice;\n  (c) in the case of health or health related items or services\nfurnished to subscribers of a health maintenance organization operating\npursuant to article forty-three of the insurance law or article\nforty-four of this chapter, participants in a managed care program\noperating pursuant to section three hundred sixty-four-j of the social\nservices law or persons enrolled in a prepaid health services plan\nauthorized by law;\n  (d) in the case of a referral for inpatient hospital services,\nincluding services by hospital staff practitioners provided in the\nhospital;\n  (e) in the case of a referral of a hospital inpatient, outpatient or\nemergency services patient for clinical laboratory services, pharmacy\nservices, radiation therapy services, physical therapy services or x-ray\nor imaging services provided by the hospital, including services by\nhospital staff practitioners provided in the hospital;\n  (f) in the case of a financial relationship with a general hospital if\nthe financial relationship does not relate specifically to the provision\nof clinical laboratory services, pharmacy services, radiation therapy\nservices, physical therapy services or x-ray or imaging services for\nwhich the referral was made; and\n  (g) in the case of any other financial relationship which the public\nhealth council determines and specifies in regulations, subject to\napproval by the commissioner, does not pose a substantial risk of payor\nor patient abuse in relation to patient benefits consistent, to the\nextent practicable, with financial relationships specified in\nregulations adopted pursuant to federal law applicable to reimbursement\npursuant to title XVIII of the federal social security act (medicare)\nfor clinical laboratory services provided to beneficiaries of title\nXVIII of the federal social security act (medicare).\n  3. For the purposes of this section, an ownership interest or an\ninvestment interest:\n  (a) may be through equity, debt or other means; but\n  (b) shall not include ownership of investment securities, including\nshares or bonds, debentures, notes or other debt instruments, which were\npurchased on terms generally available to the public and which are in a\ncorporation that is listed for trading on the New York stock exchange or\non the American stock exchange, or is a national market system security\ntraded under an automated interdealer quotation system operated by the\nnational association of securities dealers, and had, at the end of the\ncorporation's most recent fiscal year, total assets exceeding one\nhundred million dollars or to the extent such ownership would be\npermitted by federal law or regulation if the services rendered were\nclinical laboratory services provided to beneficiaries of title XVIII of\nthe federal social security act (medicare).\n  4. An ownership interest or an investment interest shall not be\nsubject to subdivision one of this section if:\n  (a) the health care provider authorized to provide clinical laboratory\nservices, pharmacy services, radiation therapy services, physical\ntherapy services or x-ray or imaging services is in a rural area and the\nreferring practitioner or the patient is in such rural area; or\n  (b) the clinical laboratory services, pharmacy services, radiation\ntherapy services, physical therapy services or x-ray or imaging services\nare provided by a general hospital, the referring practitioner is\nauthorized to perform services at such general hospital and the\nownership or investment interest is in the general hospital itself and\nnot merely in a subdivision thereof; or\n  (c) the clinical laboratory services, pharmacy services, radiation\ntherapy services, physical therapy services or x-ray or imaging services\nare provided by an ambulatory surgical center issued an operating\ncertificate pursuant to article twenty-eight of this chapter in\nconjunction with a surgical procedure performed by the referring\npractitioner at the ambulatory surgical center;\n  (d) and if each practitioner who is an interested investor in a health\ncare provider within a category specified in paragraph (a), (b) or (c)\nof this subdivision and who makes a referral of a patient to such health\ncare provider discloses to the patient, in a brief and reasonable form\nand manner specified in regulations proposed by the commissioner after\nconsultation with representatives of consumer and physician\norganizations and adopted by the public health council, subject to\napproval by the commissioner, the practitioner's, or family member's\nownership interest or investment interest in the health care provider\nand the patient's right to utilize a specifically identified alternative\nhealth care provider if any such alternative is reasonably available.\n  5. (a) For the purposes of this section, a compensation arrangement\nmeans any arrangement involving any remuneration between a practitioner,\nor immediate family member, and a health care provider. The term\nremuneration includes any remuneration, directly or indirectly, overtly\nor covertly, in cash or in kind.\n  (b) For the purposes of this section a compensation arrangement shall\nnot include:\n  (i) payments made for the rental or lease of office space, if (A)\nthere is a written agreement, signed by the parties, for the rental or\nlease of the space, which agreement specifies the space covered by the\nagreement and dedicated for the use of the lessee, provides for a term\nof rental or lease of at least one year, provides for a payment on a\nperiodic basis of an amount that is consistent with fair market value,\nprovides for an amount of aggregate payments that does not vary,\ndirectly or indirectly, based on the volume or value of any referrals of\nbusiness between the parties, and would be considered to be commercially\nreasonable even if no referrals were made between the parties; or (B) in\nthe case of rental or lease of office space in which a practitioner who\nis an interested investor, or an interested investor who is an immediate\nfamily member of the practitioner, has an ownership or investment\ninterest, the office space is in the same building as the building in\nwhich the practitioner or group practice of which the practitioner is a\nmember has a practice;\n  (ii) an arrangement between a general hospital and a practitioner, or\nimmediate family member, for the employment of the practitioner, or\nimmediate family member, or for the provision of administrative\nservices, if the arrangement is for identifiable services, the amount of\nremuneration under the arrangement is consistent with the fair market\nvalue of the services, the remuneration is not determined in a manner\nthat takes into account, directly or indirectly, the volume or value of\nany referrals by the referring practitioner and such remuneration is\nprovided pursuant to an agreement which would be commercially reasonable\neven if no referrals were made to the general hospital;\n  (iii) an arrangement between a health care provider other than a\ngeneral hospital and a practitioner if (A) the arrangement is for\nspecific identifiable services as the medical director or as a member of\na medical advisory board at the provider, for specific identifiable\npractitioner services to be furnished to an individual receiving hospice\ncare payable as hospice care, for specific practitioners' services\nfurnished to a non-profit blood center, or for specific identifiable\nadministrative services, other than direct patient care services, but\nonly under exceptional circumstances; and (B) the amount of remuneration\nunder the arrangement is consistent with the fair market value of the\nservices, the remuneration is not determined in a manner that takes into\naccount, directly or indirectly, the volume or value of any referrals by\nthe referring practitioner and such remuneration is provided pursuant to\nan agreement which would be commercially reasonable even if no referrals\nwere made;\n  (iv) remuneration which is provided by a general hospital to a\npractitioner to induce the practitioner to relocate to the geographic\narea served by the general hospital in order to be a member of the\nmedical staff of the general hospital if the practitioner is not\nrequired to refer patients to the hospital and the amount of the\nremuneration under the arrangement is not determined in a manner that\ntakes into account directly or indirectly the volume or value of any\nreferrals by the referring practitioner;\n  (v) an isolated financial transaction, such as a one-time sale of\nproperty, if the amount of remuneration under the arrangement is\nconsistent with the fair market value, the remuneration is not\ndetermined in a manner that takes into account, directly or indirectly,\nthe volume or value of any referrals by the referring practitioner and\nsuch remuneration is provided pursuant to an agreement which would be\ncommercially reasonable even if no referrals were made;\n  (vi) a compensation arrangement involving payment by a group practice\nof the salary of a practitioner member of the group practice;\n  (vii) and provided that any arrangement specified in subparagraphs (i)\nthrough (vi) of this paragraph meets such other requirements as the\npublic health council may impose by regulation, subject to approval by\nthe commissioner, as needed to protect against payor or patient abuse\nconsistent with requirements imposed by regulations adopted pursuant to\nfederal law applicable to reimbursement pursuant to title XVIII of the\nfederal social security act (medicare) for clinical laboratory services\nprovided to beneficiaries of title XVIII of the federal social security\nact (medicare);\n  (viii) an arrangement between a health care provider and an immediate\nfamily member of a practitioner for the employment of the immediate\nfamily member which the commissioner determines on application by the\nparties does not pose a substantial risk of payor or patient abuse in\nrelation to patient benefits subject to such requirements as the\ncommissioner shall determine necessary to protect the public interest,\nand which for a clinical laboratory that provides services to\nbeneficiaries to title XVIII of the federal social security act\n(medicare) qualifies for an exception from the prohibitions on such\ncompensation arrangements for purposes of reimbursement of clinical\nlaboratory services pursuant to title XVIII of the federal social\nsecurity act (medicare). Such application shall be in a form and content\nspecified by the commissioner after consultation with representatives of\nconsumer and physician organizations. The commissioner shall make such\ndetermination within sixty days of receipt of a complete application.\n  6. For the purposes of this title:\n  (a) in the case of clinical laboratory services, pharmacy services,\nradiation therapy services, physical therapy services or x-ray or\nimaging services, the request by a practitioner for such services,\nincluding the request by a practitioner for a consultation with another\npractitioner, and any test or procedure ordered by, or to be performed\nby or under the supervision of that other practitioner, shall constitute\na referral by a referring practitioner; and\n  (b) in the case of clinical laboratory services, pharmacy services,\nradiation therapy services, physical therapy services or x-ray or\nimaging services, the request or establishment of a plan of care by a\npractitioner which includes the provision of clinical laboratory\nservices, pharmacy services, radiation therapy services, physical\ntherapy services or x-ray or imaging services shall constitute a\nreferral by a referring practitioner;\n  (c) provided further, however, that the following shall not constitute\na referral by a referring practitioner:\n  (i) a request by a practitioner for practitioners' services consisting\nsolely of professional services to be furnished personally by that\npractitioner, or under that practitioner's supervision;\n  (ii) a request by a pathologist for clinical diagnostic laboratory\ntests and pathological examination services, if such services are\nfurnished by or under the supervision of such pathologist pursuant to a\nconsultation requested by another practitioner; and\n  (iii) a request by a radiologist for diagnostic x-ray or imaging\nservices, if such services are furnished by or under the supervision of\nsuch radiologist pursuant to a consultation requested by another\npractitioner.\n  7. If a referring practitioner or a health care provider furnishing\nclinical laboratory services, pharmacy services, radiation therapy\nservices, physical therapy services or x-ray or imaging services or any\nother person or entity collects any amounts that were billed in\nviolation of this section, such referring practitioner and health care\nprovider and other person or entity shall be jointly and severally\nliable to the payor for any amounts so collected.\n  8. Each health care provider furnishing clinical laboratory services,\npharmacy services, radiation therapy services, physical therapy services\nor x-ray or imaging services shall submit such information as reasonably\nmay be required by the department for purposes of this title.\n  9. Subdivision one of this section shall apply to an arrangement or\nscheme, such as a cross-referral arrangement, which the practitioner or\nhealth care provider knows or should know has a principal purpose of\nassuring referrals by the practitioner for clinical laboratory services,\npharmacy services, radiation therapy services, physical therapy services\nor x-ray or imaging services to a particular health care provider which,\nif the practitioner directly made referrals to such health care\nprovider, would be in violation of subdivision one of this section.\n  10. The public health council shall adopt rules and regulations,\nsubject to approval by the commissioner, necessary to effectuate the\nprovisions and purposes of this title.\n
N.Y. ELN Law § 11-206 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-206
Special federal voters; preparation of registration poll records and central file registration records
Status: in_force

§ 11-206. Special federal voters; preparation of registration poll\nrecords and central file registration records. 1. The board of elections\nshall prepare a registration poll record and a central file registration\nrecord for each voter registered pursuant to this title or shall enter\nthe name of each such voter into the computer files from which the\ncomputer generated registration list is prepared. Each such registration\nrecord shall be endorsed on both the front and rear with the endorsement\n"special federal voter". The records of special federal voters in such\ncomputer files shall be coded in a manner which distinguishes such\nvoters from the other voters in such files.\n  3. The central file registration records of special federal voters\nshall be maintained in a separate file at the appropriate office of the\nboard of elections.\n  4. The registration poll records of special federal voters shall be\nfiled, in alphabetical order, by election district. At each election at\nwhich special federal voters are eligible to vote, the registration poll\nrecords of all special federal voters shall be delivered to such\ninspectors of election together with the other registration poll records\nor the names of such voters shall be included in the computer generated\nregistration list. Such records shall be delivered either in a separate\npoll ledger or a separate, clearly marked section, of the main poll\nledger or be clearly marked in the computer generated registration list\nas the board of elections shall determine.\n
N.Y. PBA Law § 1441 — New York Code / Act PBA / Article 7 / Title 2 / Section 1441
Termination of the authority and disposition of properties
Status: in_force

§ 1441. Termination of the authority and disposition of properties.\nThe authority and its corporate existence shall continue only to the\nthirtieth day of June, two thousand four, and thereafter until all its\nliabilities have been met and its bonds have been paid in full or such\nliabilities or bonds have otherwise been discharged. Upon its ceasing to\nexist, all its rights and properties shall pass to the city.\n
N.Y. PBH Law § 323 — New York Code / Act PBH / Article 3 / Title 2 / Section 323
Local health officer; compensation and expenses
Status: in_force

§ 323. Local health officer; compensation and expenses.  1. Every\nlocal board of health shall fix the compensation of the local health\nofficer, which in the case of the health officer of a city, town,\nvillage and consolidated health district having a population of eight\nthousand or less, shall not be less than the equivalent of fifteen cents\nper annum per inhabitant, including Indians on reservations, of the\ncity, town, village or consolidated health district, according to the\nlatest federal or state census or enumeration; and in a city, town,\nvillage and consolidated health district having a population of more\nthan eight thousand, shall not be less than twelve hundred dollars per\nannum.\n  2. In addition to his compensation as provided herein, the board of\nhealth shall allow the actual and reasonable expenses of the health\nofficer (a) in the performance of his official duties, (b) in going to,\nattending and returning from the annual health conference or equivalent\nmeeting held yearly within the state (c) in going to, attending and\nreturning from conferences called by the commissioner or his authorized\nrepresentative and (d) in going to, attending and returning from\nconferences called by the state district health officer of the district.\nThe board of health, in lieu of allowing the actual and reasonable\nexpenses for travel of said health officer, may determine by resolution\nto allow him an amount not to exceed eight cents per mile for the use of\nhis own automobile for each mile actually and necessarily traveled by\nhim in the performance of the duties of his office and in going to,\nattending and returning from any of such conferences.\n  4. (a) The regular compensation of a health officer appointed jointly\nby two or more local boards of health for two or more towns or villages\nshall be fixed jointly by such boards in such sum as they shall\ndetermine in accordance with the provisions of this section, and such\ncompensation, together with the expenses of the health officer in the\nperformance of his duties and in attending the annual sanitary\nconference or equivalent meeting and conferences called by the state\ndistrict health officer, shall be allowed by the local boards of health\nand paid by the municipalities in the proportions to each as shall have\nbeen determined in the resolutions or ordinances authorizing the joint\nappointment of the health officer.\n  (b) The resolution or ordinance of the towns and villages authorizing\nthe local boards of health of said towns or villages to appoint a health\nofficer for the said towns or villages pursuant to subdivision three of\nsection three hundred twenty of this chapter, shall state the proportion\nof compensation and expenses of the health officer for which each such\ntown or village shall be responsible.\n  5. The provisions of this section relating to the care of venereal\ndiseases shall not apply to municipalities where a satisfactory clinic\nis reasonably available.\n
N.Y. LFN Law § 29.10 — New York Code / Act LFN / Article 2 / Title 2 / Section 29.10
Issuance of land installment purchase obligations
Status: in_force

* § 29.10 Issuance of land installment purchase obligations. 1. A\nmunicipality is hereby authorized and empowered to issue land\ninstallment purchase obligations for the purpose of financing the\nacquisition of interests or rights in real property for which the\nmunicipality has contracted, pursuant to section two hundred forty-seven\nof the general municipal law, together with the preliminary and\nincidental costs of such acquisition. Such obligations shall be\nauthorized by a statement made in a bond resolution authorizing the\nissuance of bonds to finance such acquisition. Such statement shall\nprovide that all or a portion of the indebtedness for such purpose may\nbe issued in the form of a land installment purchase obligation. Any\nportion of the estimated maximum cost of the object or purpose for which\nthe issuance of bonds has been authorized that is not financed with the\nissuance of a land installment purchase obligation may be financed\nthrough the issuance of bonds or bond anticipation notes.\n  2. Each land installment purchase obligation shall state the dates of\ncommencement and maturity, which shall establish a term no longer than\nthe period of probable usefulness of the interests or rights to be\nacquired. Each land installment purchase obligation shall provide that\nthe municipality shall be vested with title and ownership of such\ninterests or rights and shall be entitled to possession of the interests\nor rights to be acquired. A land installment purchase obligation may\ninclude such other terms related to the acquisition or possession of\nsuch interests or rights as may be necessary or convenient.\n  3. Payments under a land installment purchase obligation shall be in\nsemi-annual or annual installments, as provided in the land installment\npurchase obligation, commencing within one year of the start of the\nterm, provided that only one such installment scheduled in any fiscal\nyear of a municipality may contain a principal component. The interest\nand principal components of each installment shall be identified therein\nand shall be made at the same times and in the same amounts as would be\npermitted if the land installment purchase obligation were issued in the\nform of a serial bond or a sinking fund bond, provided that if the\nmunicipality elects to schedule such payments at the same times and in\nthe same amounts as would be permitted if the land installment purchase\nagreement were a sinking fund bond, section 22.10 of this chapter shall\napply, and the owner of such land installment purchase agreement shall\nbe considered a bondholder for purposes of said section, provided,\nhowever, that no such owner shall have any lien, trust or other interest\nin moneys held by the state comptroller until the scheduled installment\ndate on which such amounts are to be paid. The first such installment\nshall be sufficient to pay interest on the land installment purchase\nobligation accruing prior to the date of the installment.\n  4. The obligation to make installment payments under a land\ninstallment purchase obligation shall be a faith and credit obligation\nof the issuer thereof and shall constitute indebtedness under this\nchapter to the same extent as if issued in the form of bond bearing\ninterest in the amount of the interest component of each such\ninstallment.\n  5. Any municipality may negotiate the terms of a land installment\npurchase obligation with the owner of such interests or rights and the\nfinance board may delegate the power to set the terms of and sell such\nland installment purchase obligation to such owner to the chief\nfinancial officer, provided that any such delegation pursuant to this\nsentence shall not include the power to negotiate the price of land\nwhich is the subject of such land installment purchase obligation.\nBefore executing any such agreement, the finance board of the\nmunicipality shall adopt a resolution determining such agreement is in\nthe prudent financial interest of the municipality and stating the basis\nof that determination.\n  6. A land installment purchase obligation issued by a municipality\nshall be restricted from transfer and may not be the subject of\ncertificates of participation, unless explicitly agreed to by the\nparties.\n  7. The interest paid pursuant to a land installment purchase\nobligation shall be exempt from taxation for municipal and state\npurposes. Section 161.00 of this chapter shall not apply to land\ninstallment purchase obligations.\n  * NB Repealed July 31, 2031\n
N.Y. RPT Law § 467-N — New York Code / Act RPT / Article 4 / Title 2 / Section 467-N
Assessment relief for disasters
Status: in_force

§ 467-n. Assessment relief for disasters. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n  (a) "Eligible municipality" shall mean a county, a city other than a\ncity with a population of one million or more, a town, a village, a\nschool district, or a special district that has been impacted by a major\nor local disaster.\n  (b) "Eligible property" shall mean residential real property\nconsisting of three or fewer dwelling units that have been impacted by a\nmajor or local disaster where at least one of such units had been\nowner-occupied immediately before such disaster occurred; provided,\nhowever, that property that has been transferred to a new owner after\nthe occurrence of the major or local disaster and prior to relief being\ngranted pursuant to this section shall not be considered eligible\nproperty for purposes of this section whether or not it is\nowner-occupied. Where the local law, ordinance or resolution authorizing\nthe exemption explicitly so provides, the term "eligible property" shall\nalso include a small business as defined in section one hundred\nthirty-one of the economic development law; provided however, that such\neligible property must be occupied by the small business owner; and\nprovided further, that participating municipalities may provide, via\nlocal law, ordinance or resolution, additional qualifications that a\nsmall business must satisfy to receive the exemption provided for by\nthis section.\n  (c) "Impacted tax roll" shall mean the final assessment roll that\nsatisfies both of the following conditions: (i) the roll is based upon a\ntaxable status date occurring prior to a major or local disaster; and\n(ii) taxes levied upon that roll by or on behalf of a participating\nmunicipality are payable without interest on or after the date of the\ndisaster; provided however, that the interest due from an individual\nproperty owner impacted by a major or local disaster shall not impact\nsuch property owner's eligibility for relief pursuant to this section;\nand provided further, that the exemption provided for by this section\nshall not affect interest or penalties due as the result of a\ndelinquency.\n  (d) "Improved value" shall mean the market value of the real property\nimprovements prior to the reduction in value resulting from damage\nincurred to such improvements during a major or local disaster,\nexcluding the land.\n  (e) "Local disaster" shall mean the occurrence or imminent, impending\nor urgent threat of widespread or severe damage, injury, or loss of life\nor property resulting from any natural or man-made causes, including,\nbut not limited to, fire, flood, earthquake, hurricane, tornado, high\nwater, landslide, mudslide, wind, storm, wave action, volcanic activity,\nepidemic, disease outbreak, air contamination, terrorism, cyber event,\nblight, drought, infestation, explosion, radiological accident, nuclear,\nchemical, biological, or bacteriological release, water contamination,\nbridge failure or bridge collapse, occurring in an area or region that\nis proclaimed to be in a local state of emergency pursuant to section\ntwenty-four of the executive law; provided however, where damages\noccurred between January 1, 2020 and six months after the effective date\nof this section, a local disaster will be presumed to have occurred\npursuant to this paragraph regardless of whether or not a local state of\nemergency was proclaimed pursuant to section twenty-four of the\nexecutive law, if:\n  (i) the occurrence otherwise conforms with the local disaster\ndefinition contained herein; and\n  (ii) the local law, ordinance or resolution that is adopted\nauthorizing an exemption pursuant to this section so declares a local\ndisaster to have occurred during such period for purposes of this\nsection.\n  (f) "Major disaster" shall mean the occurrence or imminent, impending\nor urgent threat of widespread or severe damage, injury, or loss of life\nor property resulting from any natural or man-made causes, including,\nbut not limited to, fire, flood, earthquake, hurricane, tornado, high\nwater, landslide, mudslide, wind, storm, wave action, volcanic activity,\nepidemic, disease outbreak, air contamination, terrorism, cyber event,\nblight, drought, infestation, explosion, radiological accident, nuclear,\nchemical, biological, or bacteriological release, water contamination,\nbridge failure or bridge collapse, occurring in an area or region that\nis subsequently proclaimed to be impacted by a state disaster emergency\ndeclared by the governor pursuant to section twenty-eight of the\nexecutive law, or by a major disaster or an emergency declared by the\npresident of the United States pursuant to chapter sixty-eight of title\nforty-two of the United States code.\n  (g) "Maximum benefit ceiling" shall mean the maximum exemption from\nreal property taxes expressed in a dollar amount that an eligible\nproperty may receive on each tax roll pursuant to this section, as\nspecified in the local law, ordinance or resolution authorizing the\nexemption.\n  (h) "Minimum damage floor" shall mean the minimum loss of assessed\nvalue to an eligible property, expressed as a percentage of the total\nassessed value lost that must be demonstrated in order for the property\nto be eligible for an exemption pursuant to this section, as specified\nin the local law, ordinance or resolution authorizing the exemption. A\nparticipating municipality shall not specify a minimum damage floor\nabove fifty percent. Where a participating municipality does not specify\na minimum damage floor, the minimum damage floor shall be fifty percent.\n  (i) "Participating municipality" shall mean an eligible municipality\nthat has passed a local law, ordinance, or resolution to provide\nassessment relief to owners of eligible properties within such eligible\nmunicipality pursuant to the provisions of this section.\n  (j) "Participating property" shall mean an eligible property in a\nparticipating municipality that is granted assessment relief pursuant to\nthis section.\n  (k) "Total assessed value" shall mean the total assessed value of the\nparcel prior to any and all exemption adjustments.\n  2. Local option. (a) After a major or local disaster as defined by\nthis section, the governing body of an eligible municipality may\nauthorize assessment relief for eligible properties after conducting a\npublic hearing, by adopting a local law, ordinance or, in the case of a\nschool district, a resolution adopting the provisions of this section.\n  (b) Such local law, ordinance or resolution shall identify the major\nor local disaster or disasters to which it pertains, provided that no\nsuch local law, ordinance or resolution shall apply to a major or local\ndisaster that occurred prior to January first, two thousand twenty. Such\nlocal law, ordinance or resolution shall include a deadline by which\napplications for relief pursuant to this section must be submitted in\norder to be considered. If no deadline is specified, such applications\nmay be submitted until the local law, ordinance or resolution\nauthorizing the exemption is either repealed or amended to specify a\ndeadline.\n  (c) Such local law, ordinance or resolution may also specify a minimum\ndamage floor and a maximum benefit ceiling.\n  (d) Such local law, ordinance or resolution shall also specify how\nmany prospective tax years, if any, beyond the impacted tax roll that\nthe exemption shall apply for; provided however, that the exemption may\nbe provided for a maximum of four prospective tax years following the\nimpacted tax roll; and provided further, that such local law, ordinance\nor resolution may provide for a distinct number of years the exemption\nshall be provided applicable to each damage bracket.\n  (e) Such local law, ordinance or resolution shall also provide an\naddress to which assessors shall mail written notice pursuant to\nparagraph (d) of subdivision three of this section.\n  3. Assessment relief for disaster victims in an eligible municipality.\n(a) Notwithstanding any provision of law to the contrary, where real\nproperty is impacted by a major or local disaster, and such property is\nlocated within a participating municipality, assessment relief shall be\ngranted as follows:\n  (i) If a participating municipality has elected to provide assessment\nrelief for real property that lost at least ten percent but less than\ntwenty percent of its improved value due to a disaster, the assessed\nvalue attributable to the improvements shall be reduced by fifteen\npercent of the property's improved value for purposes of the\nparticipating municipality on the impacted tax roll, and for up to four\nprospective tax years, as provided for by local law, ordinance or\nresolution.\n  (ii) If a participating municipality has elected to provide assessment\nrelief for real property that lost at least twenty percent but less than\nthirty percent of its improved value due to a disaster, the assessed\nvalue attributable to the improvements shall be reduced by twenty-five\npercent of the property's improved value for purposes of the\nparticipating municipality on the impacted tax roll, and for up to four\nprospective tax years, as provided for by local law, ordinance or\nresolution.\n  (iii) If a participating municipality has elected to provide\nassessment relief for real property that lost at least thirty percent\nbut less than forty percent of its improved value due to a disaster, the\nassessed value attributable to the improvements shall be reduced by\nthirty-five percent of the property's improved value for purposes of the\nparticipating municipality on the impacted tax roll, and for up to four\nprospective tax years, as provided for by local law, ordinance or\nresolution.\n  (iv) If a participating municipality has elected to provide assessment\nrelief for real property that lost at least forty percent but less than\nfifty percent of its improved value due to a disaster, the assessed\nvalue attributable to the improvements shall be reduced by forty-five\npercent of the property's improved value for purposes of the\nparticipating municipality on the impacted tax roll, and for up to four\nprospective tax years, as provided for by local law, ordinance or\nresolution.\n  (v) If the property lost at least fifty but less than sixty percent of\nits improved value due to a disaster, the assessed value attributable to\nthe improvements shall be reduced by fifty-five percent of the\nproperty's improved value for purposes of the participating municipality\non the impacted tax roll, and for up to four prospective tax years, as\nprovided for by local law, ordinance or resolution.\n  (vi) If the property lost at least sixty but less than seventy percent\nof its improved value due to a disaster, the assessed value attributable\nto the improvements shall be reduced by sixty-five percent of the\nproperty's improved value for purposes of the participating municipality\non the impacted tax roll, and for up to four prospective tax years, as\nprovided for by local law, ordinance or resolution.\n  (vii) If the property lost at least seventy but less than eighty\npercent of its improved value due to a disaster, the assessed value\nattributable to the improvements shall be reduced by seventy-five\npercent of the property's improved value for purposes of the\nparticipating municipality on the impacted tax roll, and for up to four\nprospective tax years, as provided for by local law, ordinance or\nresolution.\n  (viii) If the property lost at least eighty but less than ninety\npercent of its improved value due to a disaster, the assessed value\nattributable to the improvements shall be reduced by eighty-five percent\nof the property's improved value for purposes of the participating\nmunicipality on the impacted tax roll, and for up to four prospective\ntax years, as provided for by local law, ordinance or resolution.\n  (ix) If the property lost at least ninety but less than one hundred\npercent of its improved value due to a disaster, the assessed value\nattributable to the improvements shall be reduced by ninety-five percent\nof the property's improved value for purposes of the participating\nmunicipality on the impacted tax roll, and for up to four prospective\ntax years, as provided for by local law, ordinance or resolution.\n  (x) If the property lost one hundred percent of its improved value due\nto a disaster, the assessed value attributable to the improvements shall\nbe reduced by one hundred percent of the property's improved value for\npurposes of the participating municipality on the impacted tax roll, and\nfor up to four prospective tax years, as provided for by local law,\nordinance or resolution.\n  (xi) If an eligible property is declared uninhabitable by a local\nbuilding inspector or condemned by the participating municipality as a\nresult of a local or major disaster, or the process for making such\ndeclaration or condemnation is initiated in a participating\nmunicipality, in either case, due to health and safety concerns\nresulting from such disaster, irrespective of the minimum damage floor\nprovided for in the local law, ordinance or resolution opting into this\nsection, the participating property shall receive a one hundred percent\nexemption, subject to the maximum benefit ceiling, on the impacted tax\nroll, and for up to four prospective tax years, as provided for by local\nlaw, ordinance or resolution; provided however, that such exemption\nshall apply only for the period during which such property is\nuninhabitable or condemned; and provided further, that this subparagraph\nshall apply only if a local law, ordinance or resolution provides that\nthis subparagraph shall apply.\n  (xii) The percentage loss in improved value for this purpose shall be\ndetermined by the assessor in the manner provided by this section,\nsubject to review by the board of assessment review.\n  (xiii) Where the assessed value of a property is reduced pursuant to\nthis section, the difference between the property's assessed value and\nits reduced assessed value shall be exempt from taxation. No reduction\nin assessed value shall be granted pursuant to this section except as\nspecified above. No reduction in assessed value shall be granted\npursuant to this section for purposes of any county, city, town,\nvillage, school district, or special district that has not adopted the\nprovisions of this section; provided however, that in the case of a town\nspecial district or county special district, the town or county within\nwhich such district is established shall be authorized to pass a local\nlaw, ordinance or resolution providing an exemption for the ad valorem\nlevies established by such district; and provided further, that for a\nnon-town or a non-county special district, such special district shall\nretain the authority to opt into this section.\n  (b) To receive such relief pursuant to this section, a property owner\nin a participating municipality shall submit a written request to the\nassessor on a form prescribed by the commissioner on or before the\ndeadline for applying for the exemption, as set forth in the local law,\nordinance or resolution authorizing the exemption. Such request shall\nattach any and all determinations by the Federal Emergency Management\nAgency, and any and all reports by an insurance adjuster, shall describe\nin reasonable detail the damage caused to the property by the disaster\nand the condition of the property following the disaster, and shall be\naccompanied by supporting documentation, if available. In addition to\nany and all determinations by the Federal Emergency Management Agency,\nand any and all reports by an insurance adjuster, a homeowner may\nprovide evidence of damage to the local assessor as part of the\napplication, by submission of any of the following, provided that the\nlocal assessor may take the necessary steps to confirm the validity of\nsuch documentation; and provided further, that such local law,\nordinance, or resolution passed pursuant to this section may specify\nthat any or all document categories shall be notarized:\n  (i) assessment or reassessment by the eligible county or municipality;\n  (ii) private appraisal;\n  (iii) documentation provided by such homeowner's insurance company;\n  (iv) documentation provided by a public adjuster as defined in\nparagraph two of subsection (g) of section twenty-one hundred one of the\ninsurance law, if a homeowner does not maintain a homeowner's insurance\npolicy;\n  (v) loss verification reports and other records produced by the small\nbusiness administration office of disaster assistance;\n  (vi) photographic and visual documentation;\n  (vii) affidavits and other sworn statements; and\n  (viii) other government records and reports.\n  (c) Upon receiving such a request, the assessor shall make a finding,\nafter considering the totality of the evidence and documentation\nsubmitted by a homeowner, as to whether the property lost at least fifty\npercent of its improved value or, if a participating municipality has\nelected to provide assessment relief for real property that lost a\nlesser percentage of improved value such lesser percentage of its\nimproved value, as a result of a disaster. The assessor shall thereafter\nadopt or classify the percentage loss of improved value within one of\nthe following ranges:\n  (i) at least ten percent but less than twenty percent, provided that\nthis range shall only be applicable if a participating municipality has\nelected to provide assessment relief for losses within this range;\n  (ii) at least twenty percent but less than thirty percent, provided\nthat this range shall only be applicable if a participating municipality\nhas elected to provide assessment relief for losses within this range;\n  (iii) at least thirty percent but less than forty percent, provided\nthat this range shall only be applicable if a participating municipality\nhas elected to provide assessment relief for losses within this range;\n  (iv) at least forty percent but less than fifty percent, provided that\nthis range shall only be applicable if a participating municipality has\nelected to provide assessment relief for losses within this range;\n  (v) at least fifty percent but less than sixty percent;\n  (vi) at least sixty percent but less than seventy percent;\n  (vii) at least seventy percent but less than eighty percent;\n  (viii) at least eighty percent but less than ninety percent;\n  (ix) at least ninety percent but less than one hundred percent; or\n  (x) one hundred percent.\n  (d) On or before the thirtieth day after the deadline for filing of\napplications for exemption pursuant to this section, the assessor shall\nmail written notice of such findings to the property owner and the\naddress for receipt of findings pursuant to the local law, ordinance or\nresolution passed by a participating municipality. The notice shall\nindicate that if the property owner is dissatisfied with these findings,\nsuch property owner may file a complaint with the board of assessment\nreview up until the date specified in such notice, which date shall be\nthe thirtieth day after the last date for the mailing of such notices.\nIf any complaints are so filed, such board shall reconvene upon ten days\nwritten notice to the property owner and assessor to hear and determine\nthe complaint, and shall mail written notice of its determination to the\nassessor and property owner within fifteen days of such hearing. The\nprovisions of article five of this chapter shall govern the review\nprocess to the extent practicable. For the purposes of this section\nonly, the applicant may commence, within thirty days of mailing of a\nwritten determination, a proceeding under title one of article seven of\nthis chapter or, if applicable, under title one-A of article seven of\nthis chapter. Sections seven hundred twenty-seven and seven hundred\nthirty-nine of this chapter shall not apply.\n  (e) Where property has lost at least fifty percent of its improved\nvalue or, if a participating municipality has elected to provide\nassessment relief for real property that lost a lesser percentage of\nimproved value such lesser percentage, due to a disaster, the assessed\nvalue attributable to the improvements on the property on the impacted\nassessment roll shall be reduced by the appropriate percentage specified\nin paragraph (a) of this subdivision, provided that any exemptions that\nthe property may be receiving shall be adjusted as necessary to account\nfor such reduction in the total assessed value. To the extent the total\nassessed value of the property originally appearing on such roll exceeds\nthe amount to which it should be reduced pursuant to this section, the\nexcess shall be considered an error in essential fact as defined by\nsubdivision three of section five hundred fifty of this chapter. The\nassessor shall thereupon be authorized and directed to correct the\nassessment roll accordingly or, if another person has custody or control\nof the assessment roll, to direct such person to make the appropriate\ncorrections. If the correction is made after taxes are levied but before\nsuch taxes are paid, the collecting officer shall be authorized and\ndirected to correct the applicant's tax bill accordingly. If the\ncorrection is made after taxes are paid, the authorities of each\nparticipating municipal corporation shall be authorized and directed to\nissue a refund in the amount of the excess taxes paid with regard to\nsuch participating municipal corporation.\n  (f) The rights contained in this section shall not otherwise diminish\nany other legally available right of any property owner or party who may\notherwise lawfully challenge the valuation or assessment of any real\nproperty or improvements thereon. All remaining rights hereby remain and\nshall be available to the party to whom such rights would otherwise be\navailable notwithstanding this section.\n  (g) No exemption may be granted to an eligible property pursuant to\nthis section if the owner of such eligible property has contributed to\nsuch damage through an intentional act.\n  4. School districts held harmless. Each school district that is wholly\nor partially contained within an eligible county shall be held harmless\nby the state for any reduction in state aid that would have been paid as\ntax savings pursuant to section thirteen hundred six-a of this chapter\nincurred due to the provisions of this section.\n
N.Y. ENV Law § 71-0201 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0201
General law enforcement authority
Status: in_force

§ 71-0201. General law enforcement authority.\n  Every police officer and any employee of the department as may be\ndesignated by the commissioner, shall enforce the provisions of this\nchapter, and the rules, and regulations and orders enacted or\npromulgated thereunder. Such officers shall be authorized to issue an\nappearance ticket or, in lieu thereof, a uniform appearance ticket or,\nin lieu thereof, a uniform appearance ticket and simplified information\nas provided in section 71-0203, for any violation of this chapter or\nrule, regulation or order adopted thereunder. Law enforcement officers\nof the Fish and Wildlife Service of the United States Department of the\nInterior or the National Marine Fisheries Service of the United States\nDepartment of Commerce may enforce the provisions of articles 11 and 13\nof this chapter and shall be authorized to issue an appearance ticket\nor, in lieu thereof, a uniform appearance ticket and simplified\ninformation as provided in section 71-0203, for any violation of article\n11, article 13 or rule, regulation or order adopted pursuant to such\narticle.\n
N.Y. PBA Law § 8 — New York Code / Act PBA / Article 1 / Title 2 / Section 8
Local authorities searchable subsidy and economic development benefits database
Status: in_force

§ 8. Local authorities searchable subsidy and economic development\nbenefits database. 1. For the purposes of this section, the following\nterms shall have the following meanings:\n  (a) "Economic development benefits" shall mean:\n  (i) funds made available by a local development corporation for\neconomic development, or job creation purposes including, but not\nlimited to, grants, loans, and bonds; and\n  (ii) bonds and tax exemptions which are applied for and preapproved or\ncertified by or on behalf of an industrial development agency for\neconomic development.\n  (b) "Qualified participant" shall mean a project operator pursuant to\nsection eight hundred seventy-four of the general municipal law with a\nproject pursuant to section eight hundred fifty-four of the general\nmunicipal law.\n  (c) "Full-time equivalent" shall mean a unit of measure, which is\nequal to one filled, full-time, annual-salaried position in a manner\nconsistent with federal calculations.\n  (d) "The office" shall mean the authorities budget office.\n  (e) "The database" or "the searchable database" shall mean the\ndatabase created pursuant to subdivision two of this section.\n  (f) "The project" shall mean specific work, action, endeavor, contract\nor agreement for which any economic benefit as defined in paragraph (a)\nof this subdivision, is made available or awarded by a local development\ncorporation or industrial development agency to a person, business,\nlimited liability corporation or any other entity.\n  2. Notwithstanding any laws to the contrary, the office shall create a\nsearchable database, displaying data regarding economic development\nbenefits that a qualified participant has been awarded. Such searchable\ndatabase shall include the following data, features and functionality to\nthe extent practicable:\n  (a) the ability to search the database by each of the reported\ninformation fields;\n  (b) the ability to be searchable, downloadable, and posted on a\npublicly accessible website as well as referenced on the office's\nwebsite, with a direct link to the database;\n  (c) the ability to digitally select defined individual fields\ncorresponding to any of the reported information from qualified\nparticipants to create unique database views;\n  (d) the ability to download the database in its entirety, or in part,\nin a common machine readable format;\n  (e) a definition or description of terms for fields in the database;\n  (f) a summary of each separate economic development benefit defined in\nparagraph (a) of subdivision one of this section awarded to qualified\nparticipants;\n  (g) a user-friendly guide to outline the features and functionality of\nthe database;\n  (h) a dedicated email account for the public to direct questions\nrelated to the database, and the office mailing address, office\ntelephone number, and name of the chief officer;\n  (i) the following data on local development corporations shall be\nincluded:\n  (i) relating to grants, the source of funds for the grant, the name\nand address of the entity that received the grant, the date and amount\nawarded, how the grant funds will be used, whether the grant proceeds\nwere expected to result in new jobs being created, and if so, how many\njobs were planned to be created and how many jobs have been created to\ndate;\n  (ii) relating to loans, the source of funds for the loan, the name and\naddress of the entity that received the loan, the date and amount\nawarded, the loan interest rate, the length of the loan in years, the\namount repaid to date, how the loan funds will be used, and whether the\nloan was provided to the recipient for the purpose of creating jobs, and\nif so, how many jobs were planned to be created and how many jobs have\nbeen created to date; and\n  (iii) relating to bonds, the name and address of the recipient of the\nbond proceeds, the amount and date of the bond issuance, the bond\ninterest rate, the year the bonds are expected to be fully retired, the\namount of bond principal retired during the reporting period, how the\nbond proceeds are used, whether the bond proceeds were provided to the\nrecipient to create jobs, and if so, how many jobs were planned to be\ncreated and how many jobs have been created to date; and\n  (j) the following data on industrial development agency projects shall\nbe included:\n  (i) project name, project type, project location, and the project's\ncomplete address, including the postal code in a separate and searchable\nfield;\n  (ii) whether the project is part of another phase or multi phase, the\ncategory of the project purpose, the total project amount, the benefited\nproject amount, if the project type was a bond, the bond amount, if the\nproject type was a lease, the lease amount, whether the qualified\nrecipient is a not-for-profit, the date the project was approved,\nwhether the industrial development agency took title to a property, and\nif so, the date that title was taken, and the year financial assistance\nis planned to end;\n  (iii) the qualified participant's name and the qualified participant's\ncomplete address, including the postal code in a separate and searchable\nfield;\n  (iv) the amount of project tax exemptions granted, including for state\nsales tax, local sales tax, county real property tax, local property\ntax, school property tax, mortgage recording tax, the total exemptions,\nand the total exemptions net of real property tax law section four\nhundred eighty-five-b;\n  (v) the amount of payments in lieu of taxes agreed upon and actually\nmade to the county, local municipality, or school district, the total\namount of payments in lieu of taxes agreed upon and actually made, and\nthe net exemptions once the payments in lieu of taxes are subtracted\nfrom the total project tax exemptions; and\n  (vi) the total number of employees for the project prior to industrial\ndevelopment agency status, estimate of jobs to be created, average\nestimated annual salary of jobs to be created, annualized salary range\nof jobs to be created, original estimate of jobs to be retained,\nestimated average annual salary of jobs to be retained, current number\nof full-time equivalents, number of full-time equivalent construction\njobs during the reporting fiscal year, and the net employment change.\n  3. The office shall submit a quarterly report to the governor,\ntemporary president of the senate, and speaker of the assembly outlining\nkey usage statistics of the database created pursuant to subdivision two\nof this section including, but not limited to, the total number of\nunique users that quarter.\n
N.Y. GMU Law § 890 — New York Code / Act GMU / Article 18-A / Title 2 / Section 890
Wayne county industrial development agency
Status: in_force

* § 890. Wayne county industrial development agency. For the benefit\nof the county of Wayne and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the WAYNE COUNTY INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall be organized in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter. Its members shall be appointed by the\ngoverning body of the county of Wayne. The agency, its members, officers\nand employees, and its operations and activities shall in all respects\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 3012 — New York Code / Act PBA / Article 10 / Title 2 / Section 3012
Issuance of notes and bonds of a municipal assistance corporation
Status: in_force

§ 3012. Issuance of notes and bonds of a municipal assistance\ncorporation. 1. (a) A municipal assistance corporation shall have the\npower and is hereby authorized from time to time to issue its notes and\nbonds in conformity with applicable provisions of the uniform commercial\ncode, in such principal amounts as such corporation shall determine to\nbe necessary within the limits of authorized indebtedness prescribed in\nthe special law creating such corporation, to provide sufficient funds\nfor achieving its corporate purposes, including the making of payments\nto or purchase of obligations of, the municipality for which the\ncorporation was created, to make payments of interest on its notes and\nbonds, to establish reserves to secure such notes and bonds and to make\ndeposits into a fund or funds established pursuant to any agreement\nentered into by such corporation with the federal government or an\nagency or instumentality thereof in accordance with subparagraph\neighteen of section three thousand ten of this article.\n  (b) A municipal assistance corporation shall have the power, from time\nto time, to issue (i) notes to renew notes and (ii) bonds to pay notes,\nincluding the interest thereon and, whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and to issue bonds partly\nto refund bonds then outstanding and partly for any of its other\ncorporate purposes. The refunding bonds may be exchanged for the bonds\nto be refunded or sold and the proceeds applied to the purchase,\nredemption or payment of such bonds.\n  (c) Except as may otherwise be expressly provided by a municipal\nassistance corporation, every issue of its notes and bonds shall be\ngeneral obligations of the municipal assistance corporation payable out\nof any revenues of such corporation, subject only to any agreements with\nthe holders of particular notes or bonds pledging any particular\nrevenues.\n  (d) Such notes and bonds shall be authorized by resolution of a\nmunicipal assistance corporation, shall bear such date and shall mature\nat such time or times as such resolution may provide. The bonds may be\nissued as serial bonds or as term bonds or as a combination thereof.\nThe notes and bonds shall bear interest at such rate or rates, be in\nsuch denominations and in such form, either coupon or registered, carry\nsuch registration privileges, be executed in such manner, be payable in\nsuch medium of payment, at such place or places and be subject to such\nterms of redemption as such resolution may provide.\n  (e) The notes or bonds of the municipal assistance corporation may be\nexchanged for obligations of the municipality being assisted or may be\nsold at such price or prices, at public or private sale, in such manner\nand from time to time as may be determined by such corporation, and the\ncorporation may pay all expenses, premiums and commissions which it may\ndeem necessary or advantageous in connection with the issuance and sale\nthereof. Subsequent to July first, nineteen hundred seventy-five, no\nnotes or bonds of a municipal assistance corporation may be sold at\nprivate sale unless such sale and the terms thereof have been approved\nin writing by (a) the comptroller where such sale is not to the\ncomptroller, or (b) the director of the budget, where such sale is to\nthe comptroller.\n  2. Any resolution authorizing any notes or bonds or any issue thereof\nmay contain provisions, which shall be a part of the contract with the\nholders thereof, as to:\n  (a) pledging all or any part of the revenues to secure the payment of\nthe notes or bonds or of any issue thereof, subject to such agreements\nwith noteholders or bondholders as may then exist;\n  (b) pledging all or any part of the assets of the corporation to\nsecure the payment of the notes or bonds or of any issue of notes or\nbonds, subject to such agreements with noteholders or bondholders as may\nthen exist;\n  (c) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  (d) limitations on the purposes to which the proceeds of sale of notes\nor bonds may be applied and pledging such proceeds to secure the payment\nof the notes or bonds of any issue thereof;\n  (e) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nand the refunding of outstanding or other notes or bonds;\n  (f) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (g) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the corporation may determine, which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to this title, and limiting or abrogating the right\nof the bondholders to appoint a trustee under this title or limiting the\nrights, powers and duties of such trustee;\n  (h) the acts or omissions to act which shall constitute a default in\nthe obligations and duties of the corporation to the holders of the\nnotes or bonds and providing for the rights and remedies of the holders\nof the notes or bonds in event of such default, including the right to\nappointment of a receiver; providing, however, that such rights and\nremedies shall not be inconsistent with the laws of the state and the\nother provisions of this article; and\n  (i) any other matters of like or different character, which in any way\naffect the security or protection of the holders of the notes or bonds.\n  3. Any pledge made by a municipal assistance corporation shall be\nvalid and binding from the time when the pledge is made. The revenues or\nproperty so pledged and thereafter received by the municipal assistance\ncorporation shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and the lien of\nany such pledge shall be valid and binding as against all parties having\nclaims of any kind in tort, contract or otherwise against the municipal\nassistance corporation, irrespective of whether such parties have notice\nthereof. Neither the resolution nor any other instrument by which a\npledge is created need be recorded or filed to protect such pledge\nexcept in the principal office of the municipal assistance corporation.\n  4. Neither the directors of a municipal assistance corporation nor any\nother person executing the notes or bonds of such corporation shall be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  5. A municipal assistance corporation subject to such agreements with\nnoteholders or bondholders as may then exist, shall have power out of\nany funds available therefor, to purchase notes or bonds of such\ncorporation, which shall thereupon be cancelled.\n  6. Anything in this article ten to the contrary notwithstanding, any\nagreement or agreements with the holders of notes or bonds issued by any\nmunicipal assistance corporation created by or pursuant to any title of\nthis article shall contain a clause stating in substance that any\nprovision in this article or in any such agreement or agreements which\nrelate to taxes imposed under article twelve or sections eleven hundred\nseven or eleven hundred eight of the tax law of the state or to the\nfunds created by sections ninety-two-b, ninety-two-d or ninety-two-e of\nthe state finance law shall be deemed executory only to the extent of\nthe moneys available to the state in such funds from time to time and no\nliability on account thereof shall be incurred by the state beyond the\nmoneys available in such funds.\n  7. In the discretion of the directors of a corporation the notes or\nbonds may be secured by a trust indenture by and between such\ncorporation and a trustee, which may be any trust company or bank having\nthe powers of a trust company in the state. Such trust indenture may\ncontain such provisions for protecting and enforcing the rights and\nremedies of the noteholders or bondholders as may be reasonable and\nproper and not in violation of law, including covenants setting forth\nthe duties of the corporation in relation to the exercise of its\ncorporate powers and the custody, may provide by such trust indenture\nfor the payment of the proceeds of the notes or bonds and the revenues\nto the trustee under such trust indenture or other depository, and for\nthe method of disbursement thereof, with such safeguards and\nrestrictions as it may determine. All expenses incurred in carrying out\nsuch trust indenture may be treated as a part of the operating expenses\nof the corporation.  If the notes or bonds shall be secured by a trust\nindenture, the noteholders or bondholders shall have no authority to\nappoint a separate trustee to represent them.\n  8. Whether or not the notes and bonds are of such form and character\nas to be negotiable instruments under the terms of the uniform\ncommercial code, the notes and bonds are hereby made negotiable\ninstruments within the meaning of and for all the purposes of the\nuniform commercial code, subject only to the provisions of the notes and\nbonds for registration.\n
N.Y. PBH Law § 2541 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2541
Definitions
Status: in_force

§ 2541. Definitions. As used in this title the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n  1. "Children at risk" means children who may experience a disability\nbecause of medical, biological or environmental factors which may\nproduce developmental delay, as determined by the commissioner through\nregulation.\n  2. "Coordinated standards and procedures" means standards and\nprocedures developed by state early intervention service agencies\npursuant to section twenty-five hundred fifty-one of this title.\n  3. "Council" means the early intervention coordinating council\nestablished under section twenty-five hundred fifty-three of this title.\n  4. "Developmental delay" means that a child has not attained\ndevelopmental milestones expected for the child's chronological age, as\nmeasured by qualified professionals using appropriate diagnostic\ninstruments and/or procedures and informed clinical opinion, in one or\nmore of the following areas of development: cognitive, physical,\ncommunication, social or emotional, or adaptive.\n  5. "Disability" means:\n  (a) a developmental delay; or\n  (b) a diagnosed physical or mental condition that has a high\nprobability of resulting in developmental delay, such as Down syndrome\nor other chromosomal abnormalities, sensory impairments, inborn errors\nof metabolism or fetal alcohol syndrome.\n  6. "Early intervention official" means an appropriate municipal\nofficial designated by the chief executive officer of a municipality and\nan appropriate designee of such official.\n  7. "Early intervention services" means developmental services that:\n  (a) are provided under public supervision;\n  (b) are selected in collaboration with the parents;\n  (c) are designed to meet a child's developmental needs in any one or\nmore of the following areas:\n  (i) physical development, including vision and hearing,\n  (ii) cognitive development,\n  (iii) communication development,\n  (iv) social or emotional development, or\n  (v) adaptive development;\n  (d) meet the coordinated standards and procedures;\n  (e) are provided by qualified personnel;\n  (f) are provided in conformity with an IFSP;\n  (g) are, to the maximum extent appropriate, provided in natural\nenvironments, including the home and community settings where children\nwithout disabilities would participate;\n  (h) include, as appropriate:\n  (i) family training, counseling, home visits and parent support\ngroups,\n  (ii) special instruction,\n  (iii) speech pathology and audiology,\n  (iv) occupational therapy,\n  (v) physical therapy,\n  (vi) psychological services,\n  (vii) case management services, hereafter referred to as service\ncoordination services,\n  (viii) medical services for diagnostic or evaluation purposes, subject\nto reasonable prior approval requirements for exceptionally expensive\nservices, as prescribed by the commissioner,\n  (ix) early identification, screening, and assessment services,\n  (x) health services necessary to enable the infant or toddler to\nbenefit from the other early intervention services,\n  (xi) nursing services,\n  (xii) nutrition services,\n  (xiii) social work services,\n  (xiv) vision services,\n  (xv) assistive technology devices and assistive technology services,\n  (xvi) transportation and related costs that are necessary to enable a\nchild and the child's family to receive early intervention services, and\n  (xvii) other appropriate services approved by the commissioner.\n  (i) are cost-effective.\n  8. (a) "Eligible child" means an infant or toddler from birth through\nage two who has a disability; provided, however, that any toddler with a\ndisability who has been determined to be eligible for program services\nunder section forty-four hundred ten of the education law and:\n  (i) who turns three years of age on or before the thirty-first day of\nAugust shall, if requested by the parent, be eligible to receive early\nintervention services contained in an IFSP until the first day of\nSeptember of that calendar year; or\n  (ii) who turns three years of age on or after the first day of\nSeptember shall, if requested by the parent and if already receiving\nservices pursuant to this title, be eligible to continue receiving such\nservices until the second day of January of the following calendar year.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a child who receives services pursuant to section\nforty-four hundred ten of the education law shall not be an eligible\nchild.\n  9. "Evaluation" means a multidisciplinary professional, objective\nassessment conducted by appropriately qualified personnel and conducted\npursuant to section twenty-five hundred forty-four of this title to\ndetermine a child's eligibility under this title.\n  10. "Evaluator" means a team of two or more professionals approved\npursuant to section twenty-five hundred fifty-one of this title to\nconduct screenings and evaluations.\n  11. "IFSP" means the individualized family service plan adopted in\naccordance with section twenty-five hundred forty-five of this title.\n  12. "Lead agency" means the department of health, the public agency\nresponsible for the administration of the early intervention system in\ncollaboration with the state early intervention service agencies.\n  13. "Municipality" means a county outside the city of New York or the\ncity of New York in the case of a county contained within the city of\nNew York.\n  13-a. Subject to federal law and regulations, "natural environment" or\n"natural setting" means a setting that is natural or normal for the\nchild's age peers who have no disability.\n  14. "Parent" means parent or person in parental relation to the child.\nWith respect to a child who has no parent or person in a parental\nrelation, "parent" shall mean the person designated to serve in parental\nrelation for the purposes of this title, pursuant to regulations of the\ncommissioner promulgated in consultation with the commissioner of social\nservices for children in foster care.\n  15. "Qualified personnel" means:\n  (a) persons holding a state approved or recognized certificate,\nlicense or registration in one of the following fields:\n  (i) special education teachers;\n  (ii) speech and language pathologists and audiologists;\n  (iii) occupational therapists;\n  (iv) physical therapists;\n  (v) social workers;\n  (vi) nurses;\n  (vii) dieticians or nutritionists;\n  (viii) other persons designated by the commissioner who meet\nrequirements that apply to the area in which the person is providing\nearly intervention services, where not in conflict with existing\nprofessional licensing, certification and/or registration requirements.\n  (b) persons holding a state approved license in one of the following\nfields:\n  (i) psychologists; or\n  (ii) physicians.\n  16. "Service coordinator" means a person who:\n  (a) meets the qualifications established in federal law and regulation\nand demonstrates knowledge and understanding of:\n  (i) infants and toddlers who may be eligible for services under this\ntitle;\n  (ii) principles of family-centered services;\n  (iii) part H of the federal individuals with disabilities education\nact and its corresponding regulations;\n  (iv) the nature and scope of services available under this title; and\n  (v) the requirements for authorizing and paying for such services and\nother pertinent information;\n  (b) is responsible for:\n  (i) assisting eligible children and their families in gaining access\nto services listed on the IFSP;\n  (ii) coordinating early intervention services with other services such\nas medical and health services provided to the child;\n  (iii) coordinating the performance of evaluations and assessments;\n  (iv) participating in the development, monitoring and evaluation of\nthe IFSP;\n  (v) assisting the parent in identifying available service providers;\n  (vi) coordinating service delivery;\n  (vii) informing the family of advocacy services;\n  (viii) where appropriate, facilitating the transition of the child to\nother appropriate services; and\n  (ix) assisting in resolving any disputes which may arise between the\nfamily and service providers, as necessary and appropriate; and\n  (c) meets such other standards as are specified pursuant to section\ntwenty-five hundred fifty-one of this title.\n  17. "State early intervention service agencies" means the departments\nof health, education and social services and the offices of mental\nhealth and alcoholism and substance abuse services and the office for\npeople with developmental disabilities.\n  18. "Year" shall mean the twelve-month period commencing July first\nunless otherwise specified.\n
N.Y. MRE Law § 139 — New York Code / Act MRE / Article 5 / Title 2 / Section 139
Boiler rooms
Status: in_force

§ 139. Boiler rooms.  In every dwelling the boiler or furnace of a\ncentral heating plant shall be enclosed in a fireproof room or space and\nall openings therefrom to other portions of the dwelling shall be\nequipped with fireproof doors and assemblies with the doors\nself-closing, except that in any dwelling three stories or less in\nheight, such room or space may in the alternative be enclosed with walls\nor partitions constructed of fire-resistive materials and the ceiling\nfire retarded.\n
N.Y. GMU Law § 895-J — New York Code / Act GMU / Article 18-A / Title 2 / Section 895-J
Greene county industrial development agency
Status: in_force

* § 895-j. Greene county industrial development agency. For the\nbenefit of the county of Greene and the inhabitants thereof, an\nindustrial development agency, to be known as the GREENE COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Greene, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the county of Greene. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBH Law § 2225 — New York Code / Act PBH / Article 22 / Title 2 / Section 2225
Tuberculosis; recovery of patient; duty to report
Status: in_force

§ 2225. Tuberculosis; recovery of patient; duty to report.  Upon the\nrecovery of any person having tuberculosis, it shall be the duty of the\nattending physician to make a report of this fact to the proper health\nofficer, who shall record the same in the records of his office, and\nshall relieve said person from further liability to any requirements\nimposed by this article.\n
N.Y. EDN Law § 2113 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2113
Filling vacancy in office of trustee
Status: in_force

§ 2113. Filling vacancy in office of trustee. 1. A vacancy in the\noffice of trustee in any school district may be filled by election\nwithin ninety days after it occurs. If not so filled, the district\nsuperintendent of the supervisory district, within which the schoolhouse\nor principal schoolhouse of the district is situated, may appoint a\ncompetent person to fill it.\n  2. If a vacancy in the office of trustee in a union free school\ndistrict exists, the commissioner of education may order a special\nelection for filling such vacancy. When such special election is ordered\nthe vacancy shall not be filled otherwise.\n  3. If such vacancy is filled by a district meeting, it shall be for\nthe balance of the unexpired term; but when such vacancy is filled by\nappointment by a district superintendent, it shall be only until the\nnext annual meeting of the district.\n  4. A vacancy in the office of trustee in union free school district\nnumber one of the town of Tonawanda, Erie county, shall be filled by\nappointment by the remaining members of the board to serve until the\nnext annual election at which the vacancy may be filled.\n
N.Y. PBH Law § 3323 — New York Code / Act PBH / Article 33 / Title 2-A / Section 3323
Opioid stewardship fund
Status: in_force

* § 3323. Opioid stewardship fund. 1. Definitions:\n  (a) "Opioid stewardship payment" shall mean the total amount to be\npaid into the opioid stewardship fund for each state fiscal year as set\nforth in subdivision two of this section.\n  (b) "Ratable share" shall mean the individual portion of the opioid\nstewardship payment to be paid by each manufacturer and distributor\nlicensed under this article that sells or distributes opioids in the\nstate of New York.\n  (c) Notwithstanding any inconsistent provision of law to the contrary,\n"distribute" shall mean to deliver a controlled substance other than by\nadministering or dispensing to the ultimate user, including\nintra-company transfers between any division, affiliate, subsidiary,\nparent or other entity under complete common ownership and control. For\npurposes of this section, "distribute" shall not include controlled\nsubstances surrendered to reverse distributors, or donated to recipient\nentities or third-party intermediaries pursuant to the unused\nprescription drug donation and redispensing program of section two\nhundred eighty-b of this chapter.\n  2. Opioid stewardship payment imposed on manufacturers and\ndistributors.  All manufacturers and distributors licensed under this\narticle (hereinafter referred to as "licensees"), that sell or\ndistribute opioids in the state of New York shall be required to pay an\nopioid stewardship payment. On an annual basis, the commissioner shall\ncertify to the state comptroller the amount of all revenues collected\nfrom opioid stewardship payments and any penalties imposed. The amount\nof revenues so certified shall be deposited quarterly into the opioid\nstewardship fund established pursuant to section ninety-seven-aaaaa of\nthe state finance law. No licensee shall pass the cost of their ratable\nshare amount to a purchaser, including the ultimate user of the opioid,\nor such licensee shall be subject to penalties pursuant to subdivision\nten of this section.\n  3. Determination of opioid stewardship payment. The total opioid\nstewardship payment amount shall be one hundred million dollars\nannually, subject to downward adjustments pursuant to subdivision nine\nof this section.\n  4. Reports and records. Each manufacturer and distributor licensed\nunder this article that sells or distributes opioids in the state of New\nYork shall provide to the commissioner a report detailing all opioids\nsold or distributed by such manufacturer or distributor in the state of\nNew York. Such report shall include:\n  (a) the manufacturer's or distributor's name, address, phone number,\nfederal Drug Enforcement Agency (DEA) registration number and controlled\nsubstance license number issued by the department;\n  (b) the name, address and DEA registration number of the entity to\nwhom the opioid was sold or distributed;\n  (c) the date of the sale or distribution of the opioid;\n  (d) the gross receipt total, in dollars, of all opioids sold or\ndistributed;\n  (e) the name and National Drug Code (NDC) of the opioid sold or\ndistributed;\n  (f) the number of containers and the strength and metric quantity of\ncontrolled substance in each container of the opioid sold or\ndistributed;\n  (g) the total number of morphine milligram equivalents (MMEs) sold or\ndistributed; and\n  (h) any other elements as deemed necessary by the commissioner.\n  4-a. Initial and future reports. (a) Such information shall be\nreported annually to the department in such form as defined by the\ncommissioner, provided however that the initial report provided pursuant\nto subdivision four shall consist of all opioids sold or distributed in\nthe state of New York for the two thousand seventeen calendar year, and\nmust be submitted by August 1, 2018. Subsequent annual reports shall be\nsubmitted on April first of each year based on the actual opioid sales\nand distributions of the prior calendar year.\n  (b) For the purpose of such annual reporting, MMEs shall be determined\npursuant to a formulation to be issued by the department and updated as\nthe department deems appropriate.\n  5. Determination of ratable share. Each manufacturer and distributor\nlicensed under this article that sells or distributes opioids in the\nstate of New York shall pay a portion of the total opioid stewardship\npayment amount. The ratable share shall be calculated as follows:\n  (a) The total amount of MMEs sold or distributed in the state of New\nYork by the licensee for the preceding calendar year, as reported by the\nlicensee pursuant to subdivision four of this section, shall be divided\nby the total amount of MME sold in the state of New York by all\nlicensees pursuant to this article to determine the licensee payment\npercentage. The licensee payment percentage shall be multiplied by the\ntotal opioid stewardship payment. The product of such calculation shall\nbe the licensee's ratable share. The department shall have the authority\nto adjust the total number of a licensee's MMEs to account for the\nnature and use of the product, as well as the type of entity purchasing\nthe product from the licensee, when making such determination and adjust\nthe ratable share accordingly.\n  (b) The licensee's total amount of MME sold or distributed, as well as\nthe total amount of MME sold or distributed by all licensees under this\narticle, used in the calculation of the ratable share shall not include\nthe MME of those opioids which are: (i) manufactured in New York state,\nbut whose final point of delivery or sale is outside of New York state;\n(ii) sold or distributed to entities certified to operate pursuant to\narticle thirty-two of the mental hygiene law, or article forty of the\npublic health law; or (iii) the MMEs attributable to buprenorphine,\nmethadone or morphine.\n  (c) The department shall provide to the licensee, in writing, on or\nbefore October fifteenth, two thousand eighteen, the licensee's ratable\nshare for the two thousand seventeen calendar year. Thereafter, the\ndepartment shall notify the licensee in writing annually on or before\nOctober fifteenth of each year based on the opioids sold or distributed\nfor the prior calendar year.\n  6. Payment of ratable share. The licensee shall make payments\nquarterly to the department with the first payment of the ratable share,\nprovided that the amount due on January first, two thousand nineteen\nshall be for the full amount of the first annual payment, with\nadditional payments to be due and owing on the first day of every\nquarter thereafter.\n  7. Rebate of ratable share. In any year for which the commissioner\ndetermines that a licensee failed to report required information as\nrequired by this section, those licensees complying with this section\nshall receive a reduced assessment of their ratable share in the\nfollowing year equal to the amount in excess of any overpayment in the\nprior payment period.\n  8. Licensee opportunity to appeal. A licensee shall be afforded an\nopportunity to submit information to the department to justify why the\nratable share provided to the licensee, pursuant to paragraph (c) of\nsubdivision five of this section, or amounts paid thereunder are in\nerror or otherwise not warranted. If the department determines\nthereafter that all or a portion of such ratable share, as determined by\nthe commissioner pursuant to subdivision five of this section, is not\nwarranted, the department may: (a) adjust the ratable share; (b) adjust\nthe assessment of the ratable share in the following year equal to the\namount in excess of any overpayment in the prior payment period; or (c)\nrefund amounts paid in error.\n  9. Department annual review. The department shall annually review the\namount of state operating funds spent in the office of alcoholism and\nsubstance abuse services (OASAS) budget for opioid prevention, treatment\nand recovery. The commissioner of OASAS shall certify to the department\nthe amount of annual spending for such services, utilizing available\ninformation on patient demographics and the actual cost of services\ndelivered by the state and by state-funded providers. The certification\nof such spending shall begin in state fiscal year two thousand\neighteen-nineteen, and continue annually thereafter. The total amount of\nsuch spending shall be provided to the department by the commissioner of\nOASAS no later than June thirtieth of each year. There shall be no\nstewardship fund payments beginning on July first in the event state\noperating funds spent in the OASAS budget for opioid prevention,\ntreatment and recovery in the most recently reported year is equal to or\nless than state operating funds spent for such purposes in state fiscal\nyear two thousand nine-ten.\n  10. Penalties. (a) The department may assess a civil penalty in an\namount not to exceed one thousand dollars per day against any licensee\nthat fails to comply with subdivisions four and four-a of this section.\n  (b) In addition to any other civil or criminal penalty provided by\nlaw, where a licensee has failed to pay its ratable share in accordance\nwith subdivision six of this section, the department may also assess a\npenalty of no less than ten percent and no greater than three hundred\npercent of the ratable share due from such licensee.\n  (c) Where the ratable share, or any portion thereof, has been passed\non to a purchaser by a licensee, the commissioner may impose a penalty\nnot to exceed one million dollars per incident.\n  * NB Repealed June 30, 2029\n
N.Y. EDN Law § 2602 — New York Code / Act EDN / Title 2 / Article 53 / Section 2602
Annual and special school district meetings
Status: in_force

§ 2602. Annual and special school district meetings. 1. Except as\notherwise provided in this chapter, including the provisions of this\narticle, an annual school election shall be held on the same day as the\nannual budget vote pursuant to the provisions of article forty-one of\nthis chapter in each city school district.\n  2. Except as otherwise provided in section twenty-six hundred one-a of\nthis article, special school district meetings may be called in each\ncity school district by the board of education thereof in accordance\nwith sections two thousand four and two thousand seven of this chapter,\nwhenever such board shall deem it necessary and proper.\n  3. Notwithstanding any provisions of article forty-one of this chapter\nto the contrary, the polls of such annual and special district meetings\nshall be open during such consecutive hours, not less than nine,\nbeginning not earlier than six o'clock in the forenoon, and two of which\nhours shall be after six o'clock in the evening, as the board of\neducation shall by resolution determine.\n
N.Y. PBA Law § 3417 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3417
Defense and indemnification
Status: in_force

§ 3417.  Defense and indemnification. The corporation shall not\nexecute any of its powers, including the special powers authorized by\nsection thirty-four hundred five of this article, except as necessary to\ncommence its corporate existence, until it has elected to make the\nprovisions of section eighteen of the public officers law applicable to\nits employees (as such term is defined in section eighteen of the public\nofficers law) pursuant to subdivision two of such section; provided,\nhowever, that nothing contained within this section shall be deemed to\npermit the corporation to extend the provisions of section eighteen of\nthe public officers law upon any independent contractor.\n
N.Y. PBA Law § 3016 — New York Code / Act PBA / Article 10 / Title 2 / Section 3016
State or state-aided municipality not liable on notes and bonds
Status: in_force

§ 3016. State or state-aided municipality not liable on notes and\nbonds. The notes, bonds or other obligations of a municipal assistance\ncorporation shall not be a debt of either the state or the municipality\nbeing assisted, and neither the state nor such municipality shall be\nliable thereon, nor shall they be payable out of any funds other than\nthose of such corporation; and such notes and bonds shall contain on the\nface thereof a statement to such effect.\n
N.Y. PBA Law § 3871 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3871
Audits
Status: in_force

§ 3871. Audits. 1. The accounts of the authority shall be subject to\nthe audit of the comptroller and the state comptroller. In addition, the\nauthority shall be subject to an annual financial audit performed by an\nindependent certified accountant selected by the authority. Such audit\nreport shall be submitted to the city, the presiding officer, the\ncomptroller, the governor, the state comptroller, the chair and ranking\nminority member of the senate finance committee and the chair and\nranking minority member of the assembly ways and means committee.\n  2. For each fiscal year during the existence of the authority, and\nwithin one hundred twenty days after the close of the city's fiscal\nyear, the city shall submit its audited financial statements to the\nauthority.\n
N.Y. EDN Law § 2502 — New York Code / Act EDN / Title 2 / Article 51 / Section 2502
Board of education
Status: in_force

§ 2502. Board of education. 1. The board of education of each city\nschool district shall constitute a body corporate.\n  2. Each board of education shall consist of five, seven or nine\nmembers, to be known as members of the board of education. In the city\nof Albany, such board shall consist of seven members; and in the city of\nRensselaer, such board shall consist of five members; subject, however,\nto any increase or decrease of the number of members of such board as\nprovided pursuant to the provisions of paragraph a of subdivision four\nof this section. Members of such board shall be elected by the qualified\nvoters at large of the school district at annual school elections, under\nthe provisions of article fifty-three of this chapter; provided,\nhowever, each board of education may upon its own motion, and shall upon\na written petition, subscribed by not less than five hundred qualified\nvoters of the district, cause to be submitted at the annual school\nelection a proposition to consider each vacancy upon the board of\neducation a separate specific office requiring a separate petition to\nnominate a candidate to each separate office in accordance with the\nprovisions of article fifty-three of this chapter.\n  3. The full term of office of a member of the board of education shall\nbe three or five years, as the district may determine, except the full\nterm of office of a member of the board of education in the city of\nAlbany shall be four years; provided, however, that the term of office\nof each incumbent member of the city of Albany board on the effective\ndate of this amendment shall not be decreased, and provided further,\nthat one or more of the vacancies filled after this change to four year\nterms shall be for terms of two or three years only in order that, as\nnearly as possible, an equal number of members shall be elected to the\nboard each year. Any such school district may decrease the full term of\na member of the board of education to three years or increase the full\nterm of a member of the board of education to five years by adopting a\nproposition at any regular meeting or election to do so; provided,\nhowever, that the term of office of each incumbent member of the board\nof education shall not be increased or decreased thereby; and provided,\nfurther, that whenever a proposition shall be adopted to increase the\nterm of office from three years to five years, or to decrease the term\nof office from five years to three years, such proposition shall provide\nthat one or more of the vacancies to be filled, during each of the three\nyears next succeeding the adoption of such proposition, shall be for\nthree or four years only in order that, as nearly as possible, an equal\nnumber of trustees shall be elected to the board each year. The board of\neducation in the city of Peekskill may, by adopting a resolution,\ndecrease the full term of a member of the board of education to two\nyears in order that, as nearly as possible, an equal number of trustees\nshall be elected to the board each year; provided, however, that the\nterm of office of each incumbent member of the board of education shall\nnot be decreased thereby.\n  4. a. Each board of education may upon its own motion, and shall upon\na written petition, subscribed by not less than five hundred qualified\nvoters of the district, cause to be submitted at the annual school\nelection a proposition to increase or decrease the number of members of\nsuch board to a number specified in subdivision two of this section; or\na proposition to increase or decrease the term of office of members of\nthe board of education in accordance with subdivision three of this\nsection.\n  b. The notice of any annual school election at which a proposition\nshall be submitted pursuant to paragraph a of this subdivision shall\ninclude a statement that such proposition will be so submitted. In the\nevent that the board of education fails or refuses to include such\ninformation in such notice, the commissioner of education may prescribe\nthe manner in which notice of the submission of such a proposition shall\nbe given.\n  c. Upon the adoption of a proposition to increase or decrease the\nnumber of members of the board of education the members of such board\nthen in office shall continue in office for the balance of their\nrespective terms. If the proposition so adopted requires an increase in\nthe number of board members, a sufficient number of members of such\nboard shall be elected at the annual election immediately succeeding the\nelection at which such proposition was submitted, to effect the\nnecessary increase. If the proposition so adopted requires a decrease in\nthe number of board members, no election of board members shall be held\nin such district until the election of a member or members shall be\nnecessary to maintain the number specified in such proposition. The\noffices of those members whose terms so expire without the election of a\nsuccessor shall terminate with the expiration of such term.  Succeeding\nmembers of such board shall be elected at annual school elections in\nsuch years and in such numbers and for such terms of office as shall be\ndetermined by resolution of the board of education and approved by the\ncommissioner of education, so that as soon as practicable:\n  (1) The terms of office of all members of such board shall be five\nyears or three years, as the district shall have determined;\n  (2) The number of members elected to and serving on such board shall\nequal the number of members specified in such proposition; and\n  (3) As nearly as possible, an equal number of members of the board of\neducation will be elected each year.\n  d. A resolution adopted pursuant to paragraph c of this subdivision,\nwhich shall be subject to approval by the commissioner of education,\nshall be placed on file in the office of the clerk of the school\ndistrict and shall be a public record.\n  5. a. The members of a board of education of a school district which\nafter July first, nineteen hundred fifty, shall become a city school\ndistrict, as defined in subdivision sixteen of section two of this\nchapter, shall continue in office until the expiration of their\nrespective terms of office in those cases where such terms of office\nexpire with the thirtieth day in June and in all other cases such\nmembers shall continue in office until July first next succeeding the\ndate upon which their respective terms of office would have otherwise\nexpired.\n  b. If the total number of members elected to serve on any such board\nof education shall be either five, seven or nine, such board shall\ncontinue to be composed of five, seven or nine members, as the case may\nbe, subject to change in accordance with subdivision four of this\nsection.\n  c. If the total number of members elected to serve on any such board\nof education shall be other than five, seven or nine, such board of\neducation shall cause to be submitted at the next succeeding annual\nschool election, held in accordance with article fifty-three of this\nchapter, propositions to determine whether the number of members of such\nboard shall be five, seven or nine. If the proposition adopted thereat\nrequires an increase in the number of board members, a sufficient number\nof members of such board shall be elected at the annual election\nimmediately succeeding the election at which such proposition was\nsubmitted, to effect the necessary increase. If the proposition so\nadopted requires a decrease in the number of board members, no election\nof board members shall be held in such district until the election of a\nmember or members shall be necessary to maintain the number specified in\nsuch proposition. The offices of those members whose terms so expire\nwithout the election of a successor shall terminate with the expiration\nof such term. Thereafter, such board of education shall be composed of\nthe number of members specified in the proposition for which the\ngreatest number of valid votes shall have been cast, subject to change\nin accordance with subdivision four of this section.\n  d. Succeeding members of any such board of education shall be elected\nat annual school elections in such years and in such numbers and for\nsuch terms of office as shall be determined by resolution of the board\nof education and approved by the commissioner of education so that as\nsoon as practicable:\n  (1) The terms of office of all members shall be five years or three\nyears, as the district shall determine;\n  (2) As nearly as possible, an equal number of the members of the board\nof education shall be elected each year; and\n  (3) In the case of boards of education coming under the provisions of\nparagraph c of this subdivision, the number of members elected to and\nserving on any such board shall equal the number specified in the\nproposition adopted pursuant to paragraph c of this subdivision.\n  e. A resolution adopted pursuant to paragraph d of this subdivision,\nwhich shall be subject to approval by the commissioner of education,\nshall be placed on file in the office of the clerk of the school\ndistrict and shall be a public record.\n  6. Whenever a vacancy shall occur or exist in the office of member of\nthe board of education, except by reason of expiration of term or of an\nincrease in the number of members of such board, a majority of the\nremaining members of such board may appoint a qualified person to fill\nthe vacancy. The person so appointed shall hold office until the next\nregular school district election, and the person elected to fill such\nvacancy shall take office immediately upon the filing of his official\noath of office with the district clerk.\n  7. No person shall be eligible to the office of member of the board of\neducation who is not a qualified voter of the city school district and\nwho has not been a resident of such district for a period of at least\none year immediately preceding the date of his or her election;\nprovided, however, that no person shall hold at the same time the office\nof member of the board of education and any city office other than as a\npolice officer and firefighter; provided, further, that where territory\nis added to a city school district by order of the commissioner pursuant\nto article thirty-one of this chapter, residence in the territory so\nadded to the city school district shall be and shall be deemed to be\nresidence in the city school district for the purposes of this\nsubdivision, and a person qualified to vote in school district elections\nby virtue of his or her residence in the territory so added to the city\nschool district immediately prior to the addition of such territory to\nthe city school district shall be and shall be deemed to be a qualified\nvoter of the city school district immediately upon the addition of such\nterritory.\n  8. A member of a board of education who publicly declares that he will\nnot accept or serve in the office of member of such board of education,\nor refuses or neglects to attend three successive meetings of such\nboard, of which he is duly notified, without rendering a good and valid\nexcuse therefor to the other members of such board, vacates his office\nby a refusal to serve.\n  9-a. Notwithstanding any general, special or local law to the\ncontrary, this subdivision shall apply to the school district of the\ncity of Rensselaer. a. The members of the board of education of the\nschool district of the city of Rensselaer shall be elected by the\nqualified voters of such district as provided herein.\n  b. The members of the board of education shall be elected at large\nthroughout the district by the qualified voters at an annual school\nelection taking place at the time specified under the provisions of\narticle fifty-three of this chapter.\n  c. Except with respect to the number of polling places to be used,\nwhich is provided for in paragraph l of this subdivision, such elections\nfor such offices shall be governed by the provisions of the election law\nin the same manner as candidates for office generally to be elected by\nthe voters of the city of Rensselaer, provided, however, that each such\ncandidate shall be required to file a petition containing signatures of\nat least one hundred registered voters of such district which petition\nshall not contain any political party or independent body, name or\nemblem. Each petition shall contain the name of only one candidate and\nsuch petitions shall be filed with the clerk of the board of elections\non or before the twentieth day preceding the day of the annual school\nelection but not earlier than the thirtieth day preceding the day of the\nannual school election.\n  d. No person shall be eligible for the office of member of such board\nof education who is not a qualified voter of such school district and\nwho has not been a resident of such district for a period of at least\nthirty days immediately preceding the date of his election; provided,\nhowever, that no person shall hold at the same time the office of member\nof the board of education and any other elective office nor shall he be\na candidate for any other elective office at the same time he is a\ncandidate for the office of member of such board of education.\n  e. Petitions for the nomination of members of such school board shall\nbe on white paper containing the required signatures of qualified voters\nof such district who were or will be registered to vote therein thirty\ndays preceding the annual school election. The sheets of such a petition\nshall be numbered consecutively, beginning with number one, at the foot\nof each sheet. Such a petition must set forth in every instance the\ncorrect date of signing, the full name of the signer, his present\nresidence, the ward of such residence, and the election district\nthereof. A signer need not himself fill in the date, residence, ward or\nelection district.\n  f. Each sheet of such a petition shall be signed in ink and shall be\nsubstantially in the following form:\n  I, the undersigned, do hereby state that I am a duly qualified voter\nof the school district of the city of Rensselaer, that I was or will be\nregistered to vote therein thirty days preceding the ensuing annual\nschool election to which this petition pertains, that my present place\nof residence is truly stated opposite my signature hereto, and that I\nintend to support at the ensuing election, and I do hereby nominate the\nfollowing named person as a candidate for nomination for the public\noffice of member of the board of education of the school district of the\ncity of Rensselaer to be voted for at the election to be held on\nthe........... day of................,19.....\n  In witness whereof, I have hereunto set my hand the day and year\nplaced opposite my signature.\n     Date                Name of Signer           Present Residence\n     ...............     .....................    ....................\n     ...............     .....................    ....................\n     ...............     .....................    ....................\n     Ward                                         Election District\n     .............................                ....................\n     .............................                ....................\n     .............................                ....................\n  g. The petition shall be authenticated by witnesses who shall be\nqualified to vote at the ensuing annual school election. Such statement\nshall be accepted for all purposes as the equivalent of an affidavit,\nand if false shall subject the witness to the same penalties as if he\nhad been duly sworn. The form of such statement shall be substantially\nas follows:\n                           Statement of Witness\n  I,............................(name of witness), state: I am a duly\nqualified voter of the state of New York, and now reside in the city,\ntown or village of....................., in such state,\nat............................(fill in street and house number and post\noffice) therein. The said residence is in the..............(fill in\nnumber) election district of the..........................(fill in ward\nin a city, or town, if outside a city). I know each of the voters whose\nnames are subscribed to this petition sheet containing (fill in\nnumber)..................  signatures and each of them subscribed the\nsame in my presence and upon so subscribing declared to me that the\nforegoing statement, made and subscribed by him, was true.\n                                                  ....................\n                                                  Signature of witness\n  Date.................\n  h. The board of elections shall refuse to accept such petitions signed\nby an insufficient number of qualified voters, or petitions which are\nnot timely or petitions bearing a political party or independent body\nname or emblem.\n  i. A person nominated as a candidate for school board member shall be\nnotified forthwith by mail of such nomination by the board of elections\nand such person shall accept such nomination by filing written notice of\nacceptance in the office of the county board of elections, not later\nthan five days after the mailing by the board of elections to such\nperson of notice that he was so nominated. In the absence of such\nfiling, such nomination shall be null and void.\n  j. Objections to petitions for the nomination of members of such board\nof education shall be filed with the county board of elections not later\nthan the fifteenth day prior to the date of the annual school election.\nSuch objections shall include the specifications of the grounds for such\nobjections. Except as provided for in this subdivision, the county board\nof elections shall apply such rules to the processing, disposition and\nnotification of such petitions, objections and specifications as are\napplicable to nominating petitions in general elections conducted by\nsaid board. When a determination is made that a petition is\ninsufficient, such board shall give notice of the determination\nforthwith by mail to each candidate named in the petition, and, if the\ndetermination is made upon specified objections, the objector shall be\nnotified. Any judicial proceeding with respect to a petition shall be\ninstituted within seven days after the last day to file the petitions.\n  k. The board of elections shall cause to be printed official ballots\ncontaining the names of all candidates as above provided, except that\nthe board may refuse to have the names of ineligible candidates placed\non such ballots. The names of the candidates shall be arranged in the\norder as determined by the drawing by lot by the board of elections in\nthe manner specified under the provisions of paragraph b of subdivision\ntwo of section two thousand thirty-two of this chapter. Blank spaces\nshall be provided so that voters may vote for candidates who have not\nbeen nominated for the offices to be filled at such elections. The form\nof such ballots shall conform substantially to the form of ballots used\nat annual school elections as prescribed in article fifty-three of this\nchapter.\n  l. Voting for the election of members of such board of education shall\nbe by voting machine and shall be governed by the applicable provisions\nof the election law with respect to voting machines; provided, however,\nthat a single polling place, at a location within the school district of\nthe city of Rensselaer specified by the board of education not later\nthan thirty days prior to the annual school election, shall be utilized.\n  m. If a candidate, after a petition in his behalf shall have been duly\nfiled with the clerk of the board of elections, and prior to the date of\nthe election, shall decline to accept the nomination, die, remove from\nthe district, accept or be a candidate for another elective office, or\nbecome otherwise disqualified for such city school district office, a\nfurther petition may be filed with such clerk, nominating another\ncandidate in his place and stead. Such further petition shall in all\nrespects comply with the provisions of paragraphs c, e and g of this\nsubdivision, except that it may be filed at any time up to and including\nthe fifteenth day preceding the date of the annual school election and\nthe time within which to object to such further petition shall be\nextended by the number of days past the twentieth day before the\nelection that such further petition is filed.\n  n. The term of office of each member of such board shall be five\nyears, commencing on the first day of July following his election,\nprovided, however, that the members first elected shall be elected:  two\nmembers for three year terms; two members for four year terms; one\nmember for a five year term. The candidates receiving a plurality of the\nvotes cast respectively for the several offices shall be declared\nelected. Where more than one office is to be filled by such election and\nthere is a variance in the length of the terms for which such offices\nare to be filled as authorized by this chapter, or where one or more\npersons are to be elected for a full term or terms and one or more\npersons are to be elected for the unexpired portion of a term or terms,\nor both, the candidate receiving the largest number of votes shall be\nentitled to the longest term and the candidates receiving the next\nhighest number of votes shall be entitled, in decreasing order of the\nrespective numbers of votes, to the several offices, in decreasing order\nof the length of such terms or unexpired portions of terms. Whenever a\nvacancy shall occur or exist in the office of member of the board of\neducation except by reason of expiration of term or increase in the\nnumber of members of such board, a majority of the remaining members of\nsuch board, shall elect a qualified person to fill the vacancy. The\nperson so elected shall hold office to and including the thirtieth day\nof June next succeeding the first annual school election at which the\nvacancy can be filled. Vacancies so filled shall be for the unexpired\nterm of the member being replaced.\n  o. The members so elected to the board of education shall convene on\nthe date chosen pursuant to section twenty-five hundred four of this\narticle, at the time of the commencement of their term of office and\nselect from their members a president who shall serve for a term of one\nyear.\n  p. The election of members of the board of education of the school\ndistrict of the city of Rensselaer shall take place at an annual school\nelection held in such city at the time specified under the provisions of\narticle fifty-three of this chapter. Such election shall be conducted by\nthe board of elections of the county of Rensselaer at the expense of\nsuch board of elections in the same manner as other elections are\nconducted by it. The results of such elections, after canvassing, shall\nbe certified and reported by the board of elections to the board of\neducation of such city. The clerk or other appropriate officer of the\nboard of education shall within twenty-four hours after receipt of such\ncertification by the board of elections serve a written notice either\npersonally or by mail upon each person declared to be elected as a\nmember of the board of education informing him of his election and the\nlength of his term.\n  10. Each small city school district shall establish a process for\ndesignating at least one student as an ex officio member pursuant to\nparagraph c of this subdivision. If, prior to August fifth, two thousand\nthree, a school district had a policy that allowed a student or students\nto be ex officio members of the school board, such policy shall be\ndeemed to meet the requirements of this subdivision and shall be deemed\nto have full legal effect. In any district that contains more than one\nhigh school, such process shall take into consideration the number of\nhigh schools within the district and provide for a mechanism which\nallows for fair representation among the schools. Such school district\nshall allow such selected student or students to serve as ex officio\nmembers of such district's board of education and provided further that:\n  a. The ex officio student members of the board shall be entitled to\nsit with board members at all public meetings and hearings of the board\nand may participate in other board activities and responsibilities at\nthe discretion of the board.\n  b. The ex officio student members of the board shall not be allowed to\nvote, shall not be allowed to attend executive session or any other\nmeetings or hearings not open to the public, and shall not be entitled\nto receive compensation of any form for participating at board meetings.\n  c. Notwithstanding any other law to the contrary, the ex officio\nstudent members of the board may be any of the following: the student\nthat has been duly elected as student president of the high school; a\nstudent selected by the high school student government; a student\nselected by the high school principal; a student selected by the\nsuperintendent of schools; a student selected by majority vote of the\nschool board.\n  d. The ex officio student members shall have attended such high school\nfor at least one year prior to selection.\n
N.Y. EDN Law § 2051 — New York Code / Act EDN / Title 2 / Article 41 / Part 3 / Section 2051
Charging for professional services
Status: in_force

§ 2051. Charging for professional services. 1. A lawyer shall not\nsimultaneously be an independent contractor and an employee of a school\ndistrict or board of cooperative educational services for the purpose of\nproviding legal services to such school district or board of cooperative\neducational services.\n  2. A lawyer who is not an employee of a school district or board of\ncooperative educational services, shall not seek to be or be considered,\ntreated or otherwise reported by the school district, or board of\ncooperative educational services as an employee thereof for purposes of\ncompensation, remuneration, health insurance, pension and all\nemployment-related benefits and emoluments associated therewith.\n
N.Y. EDN Law § 1604-A — New York Code / Act EDN / Title 2 / Article 33 / Section 1604-A
Temporary investment of school moneys
Status: in_force

§ 1604-a. Temporary investment of school moneys.  The board of\ntrustees of any common school district may authorize the district\ntreasurer or other officer having custody of district moneys to invest\nmoneys of the district in the manner provided by section eleven of the\ngeneral municipal law.\n