N.Y. PBA Law § 153-B — New York Code / Act PBA / Article 2 / Title 3 / Section 153-B
Further additional powers of the authority
Status: in_force

* § 153-b. Further additional powers of the authority. The authority\nshall have the power, in addition to the powers granted in other\nsections of this title:\n  1. To construct an extension of Meadowbrook state parkway from the\nSouthern state parkway to the Northern state parkway with incidental\nroads, structures, facilities and bridges and to maintain, reconstruct\nand operate such extension;\n  2. To reconstruct, widen and otherwise improve and thereafter\nmaintain, reconstruct and operate (a) Southern state parkway, together\nwith incidental parkway facilities now existing or hereafter\nconstructed, on and along said parkway, from and including a connection\nwith the Belt parkway to Wantagh avenue and to acquire real property and\nrights therein for future widening of Southern state parkway between\nWantagh avenue and the easterly boundary of Nassau county, (b)\nMeadowbrook state parkway from Merrick road to the Southern state\nparkway, and (c) Wantagh state parkway from Merrick road to the Southern\nstate parkway;\n  3. To construct, reconstruct, improve and thereafter maintain and\noperate facilities such as gasoline, comfort, repair and storage\nstations and other similar facilities along the route of the extension\nof Meadowbrook state parkway referred to in paragraph one of this\nsection and the parts of the parkways referred to in paragraph two of\nthis section, to contract for such construction, and to lease the right\nto construct and use such facilities on such terms and for such\nconsideration as it shall determine, provided, however, that no lease be\nmade for a period of more than ten years from the date when it is made;\n  4. To construct and maintain over, under, along or across the\nextension of Meadowbrook state parkway referred to in paragraph one of\nthis section and the parts of the parkways referred to in paragraph two\nof this section, telephone, telegraph or electric wires and cables, gas\nmains, water mains, and other mechanical equipment not inconsistent with\npark or parkway purposes; to contract for such construction and to lease\nthe right to construct and/or use the same on such terms and for such\nconsideration as it shall determine, provided, however, that no lease\nshall be made for a period of more than ten years from the date when it\nis made. The authority shall also have power to grant, with respect to\nany real property under its jurisdiction, on such terms and conditions\nand under such regulations and restrictions as the authority shall deem\njust and proper, licenses or easements to any governmental agency of the\nstate of New York or to any municipal corporation, public district or\ngovernmental agency thereof, or to the United States of America or any\ngovernmental agency thereof for any public purposes and in addition\nthereto may grant licenses or easements to individuals, partnerships and\ncorporations for drainage facilities, sewers, water and gas mains,\nelectric and telephone conduits, and railroad facilities. The authority\nshall also have power to sell, exchange or otherwise dispose of any real\nproperty or interest therein acquired at the cost and expense of the\nauthority pursuant to the exercise of the powers granted by section one\nhundred fifty-eight-b of this title which is not necessary for its\ncorporate purposes or whenever the board shall determine that it is in\nthe interest of the authority to do so. The proceeds of any such sale\nshall be paid to the authority and applied to its corporate purpose.\n  5. To charge tolls for the use of the part of Southern state parkway\nimproved by the authority subject to and in accordance with any\nagreements with bondholders made as hereinafter provided. The toll shall\nbe ten cents unless the revenues from such tolls and the income from the\nfacilities authorized by the foregoing provisions of this section are\ninsufficient to meet all obligations of such agreements and to pay the\ncosts of operating and maintaining the parkways and facilities operated\nand maintained by the authority pursuant to the foregoing provisions of\nthis section. The revenue from such tolls and the income from such\nfacilities shall be used only to meet such obligations and to pay the\ncost of constructing, reconstructing, operating and maintaining such\nparkways and facilities;\n  6. To pledge the tolls from the Southern state parkway and any other\nrevenues from the parkways operated and maintained by the authority\npursuant to this section;\n  7. From time to time to issue bonds in the aggregate principal amount\nof forty million dollars for any or all of the following purposes and\npurposes incidental thereto: (a) purposes authorized by section one\nhundred fifty-three-b; (b) reconstructing, widening and otherwise\nimproving Meadowbrook parkway from Merrick road to Jones Beach state\npark, Wantagh parkway from Merrick road to Jones Beach state park and\nLoop parkway; (c) constructing additional parking facilities on Jones\nBeach at a total cost of not exceeding one million two hundred fifty\nthousand dollars; and (d) the payment of all costs and expenses\nincidental to the issuance of such bonds, including interest during\nconstruction. Such bonds shall mature not later than forty years from\nJanuary first, nineteen hundred fifty-four, and the authority shall not\nhave power to refund the issuance of such bonds. The authority shall\nhave power to employ financial advisors in connection with the issuance\nof such bonds. No revenues or moneys of the authority, other than the\ntolls and other revenues from the Southern state parkway and the\nproceeds from the sale of the bonds, shall be pledged for or shall be\napplicable to the payment of such bonds. All the provisions of this\ntitle relating to bonds which are not inconsistent with the provisions\nof this section, shall apply to the bonds authorized by this section\nexcept section one hundred fifty-eight and subdivisions two and three of\nsection one hundred fifty-eight-a. The authority also shall have power\nfrom time to time in anticipation of the issuance of bonds pursuant to\nthis section to borrow money on bank loans and to evidence such loans by\nnotes or otherwise. Such loans and notes shall be subject to the same\nprovisions of this title as relates to bonds issued pursuant to this\nsection;\n  8. Bonds issued pursuant to this section shall be sold at public sale,\nupon sealed bids publicly opened and read, to the bidder who shall offer\nthe lowest interest cost to the authority, or if the authority shall so\ndetermine, at the highest price. The notice of sale shall be published\nat least once, not less than seven nor more than thirty days before the\ndate of sale, in a financial newspaper published and circulated in the\ncity of New York. Such notice shall contain a statement of the time and\nplace where all bids received in pursuance of such notice will be\npublicly opened and read. Such bonds shall be sold for a price not less\nthan ninety-eight per centum of the par value thereof, plus accrued\ninterest. The provisions of this subdivision shall not apply to notes of\nthe authority issued pursuant to subdivision seven of this section;\n  9. Notwithstanding and in addition to any provisions for the\nredemption of bonds issued pursuant to this section which may be\ncontained in any contract with the holders of such bonds, the state of\nNew York may, upon furnishing sufficient funds therefor, require the\nauthority to redeem, prior to maturity, as a whole, any issue of such\nbonds on any interest payment date not less than five years after the\ndate of the bonds of such issue at one hundred five per centum of their\nface value and accrued interest or at such lower redemption price as may\nbe provided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published at\nleast twice in at least two newspapers published and circulated\nrespectively in the county of Nassau and city of New York, the first\npublication to be at least thirty days before the date of redemption;\n  10. The authority shall have the right to possess and use for its\ncorporate purposes the extension of Meadowbrook state parkway referred\nto in paragraph one of this section and the parts of the parkways\nreferred to in paragraph two of this section, together with necessary\nfacilities now existing or hereafter constructed on or along said\nparkways. Policing of the parkways and other facilities of the authority\nshall continue to be the responsibility of the force of park patrolmen\nunder the direction of the commission. Such possession and use by the\nauthority shall continue until its liabilities for such parkways and\nfacilities have been met and the bonds authorized by this section have\nbeen paid in full or such liabilities having otherwise been discharged.\nThereafter such parkways and facilities shall pass to the state and\nbecome subject to the jurisdiction of the commission;\n  11. All contracts involving payments of more than five thousand\ndollars, except for professional or financial advisory services or in\nconnection with the issuance of bonds or notes, shall be let to the\nlowest responsible bidder by sealed proposals publicly opened after\npublic notice published at least once in the official newspapers of\nNassau county, at least ten days prior to the day on which sealed\nproposals are to be opened; provided, however, the authority may reject\nany and all proposals and may advertise for new proposals as above\nprovided if in its opinion the best interests of the authority will\nthereby be promoted.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. ENV Law § 17-0303 — New York Code / Act ENV / Article 17 / Title 3 / Section 17-0303
General powers and duties applicable to portions of this article
Status: in_force

§ 17-0303. General powers and duties applicable to portions of this\n             article.\n  1. The provisions of this section shall apply only to titles 1 to 11,\ninclusive, and title 19 of this article.\n  2. The department shall have administrative jurisdiction to abate and\nprevent the pollution of waters of the state in the manner herein\nprovided in accordance with the classification of waters adopted by the\ndepartment pursuant to section 17-0301 and in accordance with standards,\ncriteria, limitations, rules and regulations and permit conditions\nadopted, promulgated or applied by the department pursuant to title 8\nhereof.\n  3. The department, acting through the commissioner may, from time to\ntime, adopt, amend, or cancel administrative rules and regulations\ngoverning the procedure to be followed with respect to hearing, filing\nof reports, the issuance of permits, and all other matters relating to\nprocedure, and generally, may make such administrative rules and\nregulations, and do and perform any and all acts, not inconsistent with\nthe provisions of this article listed in subdivision 1 of this section,\nas may be necessary or proper to carry into effect such provisions of\nthis article listed in subdivision 1 of this section, and may make,\namend and repeal rules and regulations for the storage of liquids likely\nto pollute the waters of the state including, but not limited to,\nstandards for the construction, installation, maintenance, protection\nand diking of tanks used to store any such liquids and their associated\nstructures, piping, valves, fittings, fixtures and outlets, in\nconjunction with the promulgation of which, the commissioner shall\nconsider codes and practices of industries concerned with the handling\nand storage of such liquids and the time required for persons engaged in\nsuch industries to conform with such rules and regulations. Such rules\nand regulations, before becoming effective, shall be filed with the\nsecretary of state for publication in the "Official Compilation of\nCodes, Rules and Regulations of the State of New York" published\npursuant to section 120 of the Executive Law.\n  4. The commissioner is hereby authorized to:\n  a. Hold public hearings, receive pertinent and relevant proof from any\nparty in interest who appears at such hearing, compel the attendance of\nwitnesses, make findings of fact and determinations, and asssess such\npenalties therefor as are hereinafter prescribed, all with respect to\nthe violations of the provisions of this article listed in subdivision 1\nof this section, or the orders issued by the commissioner;\n  b. Make, modify or cancel orders requiring the discontinuance of the\ndischarge of sewage, industrial waste or other wastes into any waters of\nthe state in accordance with the provisions of this article listed in\nsubdivision 1 of this section, and specifying the conditions and time\nwithin which such discontinuance must be accomplished.\n  c. Institute or cause to be instituted in a court of competent\njurisdiction proceedings to compel compliance with the provisions of\nthis article listed in subdivision 1 of this section or the\ndeterminations and orders of the commissioner;\n  d. Issue or deny permits, under such conditions as may be prescribed\nfor the prevention and abatement of pollution, for the discharge of\nsewage, industrial waste or other wastes, or for the installation or\noperation of disposal systems or parts thereof;\n  e. Continue any permit heretofore or hereafter issued under the\nprovisions of this article listed in subdivision 1 of this section, or\nunder the authority of laws previously enacted and thereafter repealed,\nwhenever, after hearing thereon, the commissioner determines that such\ncontinuation is necessary or desirable to prevent or abate pollution of\nany waters of the state;\n  f. Revoke or modify any construction, operating or discharge permit\nheretofore or hereafter issued under the provisions of this article\nlisted in subdivision 1 of this section, or under the authority of laws\npreviously enacted and thereafter repealed, whenever, after hearing\nthereon, the commissioner determines that such revocation or\nmodification is necessary or desirable to prevent or abate pollution of\nany waters of the state provided, however, that the hearing required\nunder this paragraph may be waived in writing by the applicant or\npermitees;\n  g. Conduct such investigations as may be deemed advisable and\nnecessary to carry out the intents and purposes of the provisions of\nthis article listed in subdivision 1 of this section;\n  h. Settle or compromise, with the approval of the attorney general,\nany action or cause of action for the recovery of a penalty under the\nprovisions of this article listed in subdivision 1 of this section as he\nmay deem advantageous to the state;\n  i. Perform such other and further acts as may be necessary, proper or\ndesirable, to carry out effectively the duties and responsibilities\nprescribed in the provisions of this article listed in subdivision 1 of\nthis section.\n  5. It shall be the duty and responsibility of the department to:\n  a. Encourage voluntary cooperation by all persons in preventing and\nabating pollution of the waters of the state;\n  b. Encourage the formulation and execution of plans by cooperative\ngroups or associations of municipalities, industries, and other users of\nthe waters who, severally or jointly, are or may be the source of\npollution in the same waters, for the prevention and abatement of\npollution;\n  c. Cooperate with the appropriate agencies of the United States or\nother states, or any interstate agencies in respect to pollution control\nmatters, or for the formulation for submission to the legislature of\ninterstate pollution control compacts or agreements;\n  d. Conduct or cause to be conducted studies and research, and provide\nservices by itself or in cooperation with federal, interstate, state or\nmunicipal agencies, with respect to pollution abatement or control\nproblems, disposal systems, and treatment of sewage, industrial waste\nand other wastes, which shall include but not be limited to (1) advances\nin effectiveness and economies in waste water treatment and plant design\nand operation, (2) feasible and economical means for providing sewers\nand sewage treatment works for small communities, (3) economical means\nfor future incorporation of separate sewer service units into area-wide\nsystems, (4) studies of selected problems, such as industrial wastes and\nchanging sewage characteristics, (5) development of a data processing\nsystem for periodic determination of the status of water pollution\ncontrol throughout the state, (6) provision of advisory services for\nmunicipal officials in relation to sewage problems, including\ninformation material concerning planning, construction and operation,\nfinancial assistance programs and methods of defraying the costs of\nsewers and sewage treatment plants, and (7) assimilative capacities of\nstreams, lakes and other waters of the state;\n  e. Prepare and develop a general comprehensive plan for the abatement\nof existing pollution and the prevention of new pollution, by the\ninstallation, use, and operation of practical and available systems,\nmethods and means for controlling pollution, recognizing different\nrequirements for separate waters and for different segments of the same\nwaters;\n  f. Require to be submitted to it, and to consider for approval, plans\nfor disposal systems or any part thereof, and to inspect the\nconstruction thereof for compliance with the approved plans;\n  g. Serve as an agency of the state for the receipt of moneys from the\nfederal government, or other public or private agencies, and to expend\nthe same, after appropriation therefor, for the purpose of pollution\ncontrol, studies or research.\n  h. Establish a water quality surveillance network with sufficient\nstations and sampling schedule to meet the needs of the state, including\nground water and surface water, both fresh and salt, and publish the\nresults of such water quality surveillance network periodically;\n  i. Develop a public education and promotion program to aid and assist\npublic officials in publicizing needs and securing support for pollution\ncontrol action;\n  j. Prepare an annual report on the status of the water pollution\ncontrol program, covering all phases of the program;\n  l. Promulgate rules, regulations and standards, subject to the\nrequirements of subdivision 3 of section 17-0303, providing for the\ntesting and measuring of sewage, industrial waste or other wastes, at\ntheir outlet or point source into waters of the state, and further\nproviding for the maintaining of a permanent record of the resulting\ndata, and periodically reporting such record to the commissioner,\nsubject to the restriction set forth in subdivision 6 of section\n17-0303.\n  6. The commissioner, or his authorized representative, shall have the\nright to enter at all reasonable times in or upon any property, public\nor private, for the purpose of inspecting and investigating conditions\nrelating to pollution, or the possible pollution of any waters of the\nstate, which inspection or examination does not involve confidential\ninformation relating to secret processes or economics of operation.\n  7. The commissioner, or his authorized representative may examine any\nrecords or memoranda pertaining to the operation of a disposal system or\ntreatment works which examination does not involve confidential\ninformation relating to secret processes or to economics of operation.\n  8. The commissioner, or his or her authorized representative, shall\ndisclose to the public the date, location and source of a petroleum\nspill, including, but not limited to, information pertaining to the\ncleanup of such spill and the presence of methyl tertiary butyl ether\n(MTBE). In the event of such spill, the department shall post such\ninformation on its website within a reasonable period of time, including\nadditional related information as soon thereafter as it becomes\navailable.\n
N.Y. LAB Law § 426 — New York Code / Act LAB / Article 15 / Title 3 / Section 426
Equipment
Status: in_force

§ 426. Equipment. Every employer of persons for work in compressed air\nshall:\n  1. Connect at least two air pipes with the working chamber and keep\nsuch pipes in perfect working condition;\n  2. Attach to the working chamber in accessible positions all\ninstruments necessary to show its pressure and keep such instruments in\ncharge of competent persons, with a period of duty for each such person\nnot exceeding eight hours in any twenty-four;\n  3. Place in each shaft a safe ladder extending its entire length;\n  4. Light properly and keep clear each passageway;\n  5. Provide independent lighting systems for the working chamber and\nshaft leading to it, when electricity is used for lighting;\n  6. Guard lights other than electric lights;\n  7. Protect workmen by a shield erected in the working chamber when\nsuch chamber is less than ten feet long and is suspended with more than\nnine feet space between its deck and the bottom of the excavation;\n  8. Provide for and keep accessible to employees working in compressed\nair a dressing room heated, lighted and ventilated properly and supplied\nwith benches, lockers, sanitary waterclosets, bathing facilities and hot\nand cold water;\n  9. Establish and maintain a medical lock properly heated, lighted,\nventilated and supplied with medicines and surgical implements, when the\nmaximum air pressure exceeds seventeen pounds.\n
N.Y. GOB Law § 5-334 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-334
Option or right to acquire interest in property
Status: in_force

§ 5-334. Option or right to acquire interest in property. 1. An option\nor right to acquire an equity or other ownership interest in property or\nin a partnership, corporation, trust or other entity that owns property\nshall not be unenforceable because the owner of such interest grants\nsuch option or right to the holder of a mortgage which is a lien on such\nproperty or to the holder of a security interest in such property,\nsimultaneously with or in connection with any loan or forbearance of\nmoney secured by such mortgage or security interest, if (a) the power to\nexercise such option or right is not dependent upon the occurrence of a\ndefault with respect to such loan, forbearance, mortgage or security\ninterest, and (b) such loan or forbearance is for the principal sum of\ntwo million five hundred thousand dollars or more when the option or\nright is granted. Loans or forbearances aggregating two million five\nhundred thousand dollars or more which are to be made or advanced to any\none borrower in one or more installments pursuant to a written agreement\nby one or more lenders shall be deemed a single loan or forbearance for\nthe total amount which the lender or lenders have agreed to make or\nadvance pursuant to such agreement.\n  2. This section shall not be construed to limit, impair or otherwise\naffect the power of the holder of any option or right to acquire an\nequity or other ownership interest in property or in a partnership,\ncorporation, trust or other entity that owns property, if such option or\nright is or would be enforceable without reference to this section.\n  3. This section shall apply to all options or rights which are\nexercised on or after the effective date of this section,\nnotwithstanding the date when such options or rights were granted.\n
N.Y. PBA Law § 1057 — New York Code / Act PBA / Article 5 / Title 3 / Section 1057
Notes of the authority
Status: in_force

§ 1057. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes in\nconformity with applicable provisions of the uniform commercial code and\nmay renew the same from time to time but the maximum maturity of any\nsuch note, including renewals thereof, shall not exceed five years from\nthe date of issue of such original note. Such notes shall be paid from\nany moneys of the authority available therefor and not otherwise pledged\nor from the proceeds of sale of the bonds of the authority in\nanticipation of which they were issued. The notes shall be issued in the\nsame manner as the bonds and such notes and the resolution or\nresolutions authorizing the same may contain any provisions, conditions\nor limitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold, at public or private sale for such\nprice or prices and shall bear interest at such rate or rates per annum\nas the authority shall determine provided, however, that any private\nsale shall be subject to the approval of the state comptroller. The\nforegoing provisions shall be applicable to notes issued by the\nauthority notwithstanding the provisions of any other general, special\nor local law to the contrary. Such notes shall be as fully negotiable as\nthe bonds of the authority.\n  The maturity of notes issued by the authority for payments to any\nparty or person entitled to an award in condemnation in advance of the\ndetermination of the final award, may be extended beyond five years and\nuntil such time as the final award is ascertained and paid.\n
N.Y. VAT Law § 395 — New York Code / Act VAT / Title 3 / Article 12 / Section 395
Certain private service bureaus to be licensed
Status: in_force

§ 395. Certain private service bureaus to be licensed.  Except as\notherwise provided herein, no person, firm, association or corporation\nshall, engage in the business of assisting for hire in securing licenses\nto drive motor vehicles or registrations or titles of motor vehicles,\nnor shall any person, firm, association or corporation for compensation\ngive instructions as to procuring licenses to drive motor vehicles or\nregistrations or titles of motor vehicles, without being the holder of a\nlicense for such purpose issued by the commissioner of motor vehicles.\nAn applicant for a license shall furnish the commissioner with such\ninformation and such references as to moral character as he may\nreasonably require. Every application shall be accompanied by a fee of\ntwenty-five dollars, which shall be regarded as an application fee and\nshall in no event be refunded. If an application be approved by the\ncommissioner, the applicant upon the payment of an additional fee of\ntwenty-five dollars shall be granted a license which shall expire on the\nthirtieth day of June following the date of its issuance. The\ncommissioner shall issue a license certificate to each licensee which\ncertificate shall be conspicuously displayed in the place of business of\nthe licensee, or, if the licensee has no place of business, such\ncertificates shall be exhibited at the request of any person. In case of\nthe loss, mutilation or destruction of a certificate, the commissioner\nshall issue a duplicate upon proof of the facts and the payment of a fee\nof one dollar. The refusal to issue a license may be reviewed by a\nproceeding under article seventy-eight of the civil practice law and\nrules. Such license shall be renewed annually upon the payment of a fee\nof twenty-five dollars, such renewal to take effect on the first day of\nJuly in each year.  Upon renewal, the commissioner may, in his\ndiscretion, issue a license which shall be valid for a two year period.\nThe fee for any such two year renewal shall be fifty dollars.\n  No license shall be issued under this section nor shall any renewal of\na license issued under this section be made for conducting business in a\ncity having a population of fifty thousand or more, according to the\nlatest federal census if the place of business of the licensee, or\nbranch thereof, is within fifteen hundred feet of a building, owned or\nleased by the state, a county or a city, in which motor vehicle\nregistrations or licenses to drive motor vehicles are issued to the\npublic.  The said distance of fifteen hundred feet shall be measured\nalong the public streets by the nearest route from such place of\nbusiness, or branch thereof, to such building. The provisions of this\nparagraph shall not apply to a holder of a certificate of registration\nissued pursuant to section four hundred fifteen of this chapter.\n  A licensee shall be subject to such reasonable regulations concerning\nthe business conducted under his license as the commissioner may\nprescribe and he shall permit the commissioner, or his representatives,\nto inspect his place of business on any business day and shall furnish\nto the commissioner, or his representative, such information concerning\nthe conduct of the business as may be reasonably required.\n  The provisions of subdivisions five and six of section three hundred\nninety-four of this chapter shall be applicable with respect to this\nsection.\n  The holder of a license issued pursuant to section three hundred\nninety-four of this chapter or the holder of a certificate of\nregistration issued pursuant to section four hundred fifteen of this\nchapter shall not be required to secure a license under this section in\norder to conduct a business for which a license is required by this\nsection but any such licensee, or registrant, who shall conduct such\nbusiness, shall be subject to the same visitation and regulation by the\ncommissioner with reference to such business as provided in this section\nwith respect to a licensee under this section.\n  As used in this section the phrase "licenses to drive motor vehicles"\nincludes the term "learners' permits".\n  A violation of any of the provisions of this section shall constitute\na misdemeanor.\n
N.Y. ELN Law § 8-316 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-316
Ballots; mutilated or spoiled
Status: in_force

§ 8-316. Ballots; mutilated or spoiled. If a ballot is found to be\ndefective or mutilated before it is delivered to the voter, its stub and\nthe stubs of all other ballots in the set shall be detached immediately\nand placed in the box for stubs, by the clerks, or if there are no\nclerks by the inspector assigned to the duty of delivering ballots, and\nall the ballots of that set immediately shall be marked "cancelled", and\nplaced in the box for spoiled and mutilated ballots. If a voter returns\na ballot as defective, mutilated, defaced, or wrongly marked, he shall\nalso return all the other ballots of the set, if any, and such clerks or\ninspector shall likewise remove their stubs, placing all the stubs in\nthe box for stubs and all the ballots of the set in the box for spoiled\nor mutilated ballots, first marking the ballots "cancelled". In each\ncase, the voter shall receive another ballot or set of ballots, unless\nnot entitled thereto.\n
N.Y. PBA Law § 3036-A — New York Code / Act PBA / Article 10 / Title 3 / Section 3036-A
Further payments to the corporation; additional funds of the corporation
Status: in_force

* § 3036-a. Further payments to the corporation; additional funds of\nthe corporation.  1. In addition to the total amount certified by such\nchairman for such fiscal year, all as referred to in subdivision one of\nsection three thousand thirty-six, the chairman shall at the same time\ncertify to the state comptroller and to the mayor a schedule setting\nforth additional cash requirements of the corporation which shall be\nequal to: (i) the amounts which are required to be deposited in the\ncapital reserve fund authorized to be created and established pursuant\nto subdivision two of this section (in this section called the capital\nreserve fund) during such fiscal year in order to maintain the capital\nreserve fund at the level required in accordance with subdivision four\nof this section; (ii) the amounts required to be deposited in the bond\nservice fund of the corporation to pay all interest and all payments of\nprincipal and redemption premium, if any, on notes and bonds payable\nfrom the sources hereinafter identified in this section and maturing or\notherwise coming due during such fiscal year; and (iii) the amounts\nrequired to be deposited in the operating fund of the corporation\nheretofore established, as determined by the corporation, to meet the\noperating requirements and other expenses of the corporation during such\nfiscal year. If any increase shall occur in such additional cash\nrequirements specified above, or if payments are required at a time or\ntimes earlier than previously certified or if the city shall for any\nreason fail to make timely payment of the principal and accrued interest\ndue on any obligation issued by the city to the corporation and maturing\nwithin the same fiscal year, such chairman shall certify a revised\nschedule of such additional cash requirements for such fiscal year to\nthe state comptroller and to the mayor. The schedule accompanying each\ncertification (or revision thereof) shall provide for such payment dates\nas the corporation deems appropriate to assure that sufficient funds\nwill be available from the sources identified below to enable it to meet\nits current obligations under this section as they come due.  Upon\nreceipt of such certification, or any revision thereof, the state\ncomptroller shall pay such amount to the corporation for deposit in the\nappropriate funds referred to in this section, in accordance with such\ncertification from the special account established for the corporation\nin the municipal assistance state aid fund in  accordance  with\nsubdivision one of section ninety-two-e of the state finance law and,\nsubject to agreements with outstanding bond and note holders of the\ncorporation, from the special account established for the corporation in\nthe municipal assistance tax fund, in accordance with subdivision one of\nsection ninety-two-d of the state finance law, including any amount\ntransferred to the municipal assistance tax fund from the stock transfer\ntax fund pursuant to subdivision four of section ninety-two-b of the\nstate finance law. Any such payment shall be made within thirty days of\nreceipt of the certification or at the time specified  in  the\ncertification, whichever is later; provided that any such amounts shall\nhave been first appropriated by the state for such purpose or shall have\nbeen otherwise made  available.  Any amount paid to the corporation from\nsuch municipal assistance state aid fund shall be deducted from the\namount otherwise payable to the city as per capita aid pursuant to\nsections fifty-four and ninety-two-e of the state finance law and shall\nnot obligate the state to make, nor entitle the city to receive, any\nadditional payments of per capita aid. Any amount so paid to the\ncorporation from the municipal assistance tax fund shall, in addition to\nthe amount deducted pursuant to subdivision one of section three\nthousand thirty-six, be deducted from the amount otherwise payable to\nthe city from the municipal assistance tax fund and shall not obligate\nthe state to make, nor entitle the city to receive, any additional\npayments from such municipal assistance tax fund.\n  2. The corporation shall create and establish a capital reserve fund\nas an additional special fund, and shall pay into such capital reserve\nfund (i) any moneys appropriated and made available by the state for the\npurposes of such fund, (ii) any proceeds of sale or notes or bonds, to\nthe extent provided in the resolution of the corporation authorizing the\nissuance thereof, and (iii) any other moneys which may be made available\nto the corporation for the purpose of such fund from any other source or\nsources. All moneys held in the capital reserve fund, except as\nhereinafter provided, shall be used solely for the payment of the\nprincipal of bonds secured by such capital reserve fund of the\ncorporation, as the same mature or otherwise become due, the purchase of\nsuch bonds of the corporate, the payment of interest on such bonds of\nthe corporation or the payment of any redemption premium required to be\npaid when such bonds are redeemed prior to maturity. If the amount\ncontained in the capital reserve fund exceeds the amount required to be\ncontained in such fund pursuant to this subdivision of this section plus\nany additional amounts required to be contained in such fund pursuant to\nthe terms of issuance of any bonds or notes secured by such capital\nreserve fund, such excess moneys may be withdrawn from the capital\nreserve fund by the corporation; provided, however, that moneys in such\nfund shall not be withdrawn therefrom at any time in such amounts as\nwould reduce the amount of such fund to less than the amount of\nprincipal and interest maturing or otherwise due or becoming due in the\nsucceeding calendar year on all bonds of the corporation secured by such\ncapital reserve fund then outstanding, except for the purpose of paying\nprincipal of and interest on such bonds of the corporation maturing or\notherwise becoming due and for the payment of which other moneys of the\ncorporation are not available. Any income or interest earned by, or\nincrement to, the capital reserve fund due to the investment thereof may\nbe transferred by the corporation to any other fund of the corporation\nto the extent it does not reduce the amount of the capital reserve fund\nbelow the amount of principal and interest maturing or otherwise due or\nbecoming due in the succeeding calendar year on all bonds of the\ncorporation secured by such capital reserve fund then outstanding.\n  3. In order further to assure the maintenance of the capital reserve\nfund, there shall be annually appropriated and paid to the corporation\nfor deposit in the capital reserve fund such sum, if any, as shall be\ncertified by the chairman to the governor and director of the budget as\nnecessary to restore the capital reserve fund to an amount equal to the\ncapital reserve fund requirement. The chairman of the board of directors\nof the corporation shall, annually, on or before December first, make\nand deliver to the governor and director of the budget his certificate\nstating the sum, if any, required to restore the capital reserve fund to\nthe amount aforesaid; and the sum or sums so certified, if any, shall be\nappropriated and paid to the corporation during the then current state\nfiscal year.\n  4. The corporation shall not issue bonds secured by the capital\nreserve fund at any time if the amount of principal and interest\nmaturing or otherwise due or becoming due in the succeeding calendar\nyear on such bonds then to be issued and on all other such bonds of the\ncorporation then outstanding will exceed the amount of the capital\nreserve fund requirement at the time of issuance, unless the\ncorporation, at the time of such issuance, shall deposit in the capital\nreserve fund from the proceeds of the bonds so to be issued, or\notherwise, an amount which, together with the amount then in such fund,\nwill be not less than the amount of principal and interest maturing or\notherwise due or becoming due in the succeeding calendar year on such\nbonds then to be issued and on all other bonds of the corporation\nsecured by such capital reserve fund then outstanding (such amount is\nherein sometimes referred to as the capital reserve fund requirement).\nNotwithstanding the foregoing provisions of this subdivision for each of\nthe calendar years set forth below the capital reserve fund requirement,\nas of any date of calculation, shall equal the percentage set forth\nopposite such calendar year of the amount of principal and interest\nmaturing or otherwise due or becoming due during such calendar year on\nall bonds of the corporation secured by the capital reserve fund\noutstanding on such date:\n  Calendar Year    Percentage\n  1975         0%\n  1976         0%\n  1977        25%\n  1978        50%\n  1979        75%\n  1980        100%\n  5. In computing the amount of the capital reserve fund for the\npurposes of this section securities in which all or a portion of such\nfund shall be invested shall be valued at par or if purchased at other\nthan par, at amortized value.\n  6. The corporation shall create a bond service fund.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. RPT Law § 924-A — New York Code / Act RPT / Article 9 / Title 3 / Section 924-A
Interest rate on late payment of taxes and delinquencies
Status: in_force

§ 924-a. Interest rate on late payment of taxes and delinquencies.  1.\nThe amount of interest to be added on all taxes received after the\ninterest free period and all delinquent taxes shall be one-twelfth the\nrate of interest as determined pursuant to subdivision two or two-a of\nthis section rounded to the nearest one-hundredth of a percentage point,\nexcept as otherwise provided by a general or special law, or a local law\nadopted by a city pursuant to the municipal home rule law or any special\nlaw. Such interest shall be added for each month or fraction thereof\nuntil such taxes are paid.\n  2. The rate of interest applicable to the third calendar quarter of\neach year, as set by the commissioner of taxation and finance pursuant\nto subparagraph (A) of paragraph two of subsection (j) of section six\nhundred ninety-seven of the tax law, shall be the rate of interest\napplicable to unpaid real property taxes for purposes of this section.\nSuch commissioner shall set such rate on or before the fifteenth day of\nJuly in each year. Such rate shall be effective for all warrants issued\nfor a collection period commencing on or after the first day of\nSeptember next succeeding the date the rate of interest is set.\nProvided, however, the rate of interest prescribed by this subdivision\nshall in no event be less than twelve per centum per annum. The\ncommissioner shall inform each affected municipality of any change in\nthe rate established pursuant to this subdivision.\n  2-a. Notwithstanding the provisions of subdivision two of this\nsection, the Schenectady county legislature may adopt, amend or repeal a\nlocal law to prescribe the rate of interest at fifteen per centum per\nannum.\n  3. In any case where a county, by local law, has authorized the\ncollection of such property taxes in installments, such local law may\nestablish an interest rate in such local law to be paid in such\ninstallments which is less than the interest rate provided for in\nsubdivision two of this section. Where such local law does not establish\nsuch a lower interest rate, such rate shall be the rate determined in\naccordance with subdivision two of this section.\n
N.Y. PBH Law § 3513 — New York Code / Act PBH / Article 35 / Title 3 / Section 3513
Disposition of fees, fines, penalties and other moneys
Status: in_force

§ 3513. Disposition of fees, fines, penalties and other moneys. 1. All\nfees, fines, penalties and other moneys derived from the operation of\nthis article shall be paid to the department and shall be paid by the\ndepartment to the radiological health protection account as established\npursuant to chapter fifty-four of the laws of two thousand three\nenacting the health and mental hygiene budget.\n  2. Moneys received pursuant to this article may be refunded within one\nyear from the receipt thereof on proof satisfactory to the department\nthat:\n  (a) such moneys were in excess of the amounts required by law; or\n  (b) the examination for which application was made and for which a fee\nwas paid was denied.\n  3. Such refund shall, upon audit and warrant of the comptroller, be\npaid by the department out of any moneys in the custody of the\ndepartment received pursuant to this article.\n
N.Y. ENV Law § 13-0331 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0331
Crabs; permit to take; prohibited acts
Status: in_force

§ 13-0331. Crabs; permit to take; prohibited acts.\n  * 1. No person shall take crabs, including horseshoe crabs (Limulus\nsp.)  for commercial purposes without first obtaining a permit from the\ndepartment. For purposes of this subdivision, a presumption of\n"commercial purposes" shall be made wherein one takes or lands more than\nfifty crabs in any one day or sells or barters or offers for sale or\nbarter any crabs he or she has taken. Permits shall be issued to\nindividuals only but may be endorsed for use on a vessel, in which case\nit shall cover all persons on board such vessel.\n  * NB Effective until January 1, 2029\n  * 1. No person shall take crabs for commercial purposes without first\nobtaining a permit from the department. For purposes of this\nsubdivision, a presumption of "commercial purposes" shall be made\nwherein one takes or lands more than fifty crabs in any one day or sells\nor barters or offers for sale or barter any crabs such person has taken.\nPermits shall be issued to individuals only but may be endorsed for use\non a vessel, in which case it shall cover all persons on board such\nvessel.\n  * NB Effective January 1, 2029\n  1-a. The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation the limit of Jonah crabs that may be taken\nfor commercial purposes by commercial crab permit holders and by holders\nof New York commercial lobster licenses provided that such regulations\nshall be consistent with the compliance requirements of applicable\nfishery management plans adopted by the Atlantic States Marine Fisheries\nCommission and with applicable provisions of fishery management plans\nadopted pursuant to the Federal Fishery Conservation and Management Act\n(16 U.S.C. section 1800 et seq.).\n  2. A person domiciled within the state may take crabs, for commercial\npurposes, from the waters of the state upon first obtaining a crabbing\npermit from the department.\n  a. The department shall prescribe and furnish forms for application\nfor such permit.\n  b. The fee for such crabbing permit shall be thirty dollars.\n  3. A person not domiciled in the state who is domiciled in a state\nthat provides reciprocal permits or licenses to persons domiciled in New\nYork state may take crabs, for commercial purposes, upon first obtaining\na crabbing permit from the department.\n  a. The department shall prescribe and furnish forms for application\nfor such permit.\n  b. The fee for such crabbing permit shall be fifty dollars.\n  4. Permits are not transferable and shall expire on December 31\nfollowing the date of issue. If it appears in the public interest, the\ndepartment may suspend or cancel such permits without prior notice.\n  5. Female crabs with eggs visible thereon, commonly called sponge\ncrabs, or any female crabs from which the egg pouch or bunion has been\nremoved, shall not be taken, possessed, transported or offered for sale\nat any time.\n  6. Crabs shall not be taken by dredging in the waters of Richmond\ncounty; Hempstead Bay and South Oyster Bay in the county of Nassau; or\nin the waters of Great South Bay west of Captree bridge in the county of\nSuffolk.\n  * 7. The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of crabs of\nany kind including horseshoe crabs (Limulus sp.), including minimum and\nmaximum size limits, catch and possession limits, open and closed\nseasons including lunar closures, closed areas, restrictions on the\nmanner of taking and landing including a prohibition on the harvest of\ncrabs in amplexus, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n  * NB Effective until January 1, 2029\n  * 7. The department may, until December thirty-first, two thousand\ntwenty-nine, fix by regulation measures for the management of crabs of\nany kind, excluding horseshoe crabs (Limulus sp.), including minimum and\nmaximum size limits, catch and possession limits, open and closed\nseasons including lunar closures, closed areas, restrictions on the\nmanner of taking and landing including a prohibition on the harvest of\ncrabs in amplexus, requirements for permits and eligibility therefor,\nrecordkeeping requirements, requirements on the amount and type of\nfishing effort and gear, and requirements relating to transportation,\npossession and sale, provided that such regulations are no less\nrestrictive than requirements set forth in this chapter and provided\nfurther that such regulations are consistent with the compliance\nrequirements of applicable fishery management plans adopted by the\nAtlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n  * NB Effective January 1, 2029\n  * 8. The department shall, when adopting regulation measures for the\nmanagement of horseshoe crabs (Limulus sp.) pursuant to subdivision\nseven of this section, consult with any town, village or county that\nrequests any municipal property be subject to a harvest closure.\n  * NB Effective until January 1, 2029\n  * 8. No person shall take horseshoe crabs (Limulus sp.), including for\ncommercial or biomedical purposes, from the waters of this state.\nProvided however that this section shall not apply to the taking of\nhorseshoe crabs (Limulus sp.) for bona fide scientific or educational\npurposes including, but not limited to, public or not-for-profit zoos\nand aquaria, as determined by the commissioner pursuant to rules and\nregulations.\n  * NB Effective January 1, 2029\n
N.Y. RPT Law § 362 — New York Code / Act RPT / Article 3 / Title 3 / Section 362
Adoption of local law
Status: in_force

§ 362. Adoption of local law. No local law shall be adopted which is\ninconsistent with the provisions of this title.\n
N.Y. PBH Law § 36 — New York Code / Act PBH / Article 1 / Title 3 / Section 36
Disclosure of information
Status: in_force

§ 36. Disclosure of information. The inspector shall not disclose\ninformation which is prohibited from disclosure by any other provision\nof law.\n
N.Y. RPT Law § 922 — New York Code / Act RPT / Article 9 / Title 3 / Section 922
Statement of taxes to be mailed
Status: in_force

§ 922. Statement of taxes to be mailed. 1. (a) Upon receipt of the tax\nroll and warrant, the collecting officer shall mail or, subject to the\nprovisions of section one hundred four of this chapter, transmit\nelectronically to each owner of real property at the tax billing address\nlisted thereon a statement showing the amount of taxes due on the\nproperty. The statement must contain:\n  (i) the mailing address of the owner;\n  (ii) a description sufficient to effectively apprise the recipient of\nthe identity and location of the parcel for which it is issued;\n  (iii) the taxes due on such parcel and the data used to calculate the\namount due, including but not limited to: the full value of the parcel\nas determined by the assessor; the uniform percentage of value\napplicable to the assessing unit (or, in a special assessing unit, the\nuniform percentage of value applicable to the class) pursuant to section\nthree hundred five of this chapter; the total assessed value of the\nparcel; the assessed value of the exemptions applied to such parcel for\neach taxing purpose and the full value which each such exemption\nrepresents; the taxable assessed value of the parcel for each taxing\npurpose; and the tax rate for each taxing purpose;\n  (iv) the total amount of taxes levied for each taxing purpose, and the\npercentage increase or decrease in such amount relative to the preceding\nlevy;\n  (v) the period covered by the taxes;\n  (vi) the time, manner and places fixed for receiving payments of\ntaxes;\n  (vii) the name and address of the collecting officer;\n  (viii) the interest and penalties which shall accrue if payment is not\ntimely made;\n  (ix) a legend stating "if you wish to receive a receipt for payment of\nthis tax bill, place an 'x' in this box { }";\n  (x) explanations of any abbreviations or technical terms used in the\nstatement of taxes;\n  (xi) if school district taxes are included on the statement, the\nschool district code established by the department of taxation and\nfinance;\n  (xii) an explanation of the assessment review process;\n  (xiii) such other information as may be prescribed by law;\n  (xiv) if, not later than ten days after the filing of the preceding\ntentative assessment roll, the assessing unit mailed to each owner of\ntaxable real property a notice in a form prescribed by the commissioner\ncontaining the information described by subparagraphs (iii) and (xii) of\nthis paragraph (excluding the taxes due on the parcel and the tax rate\nfor each taxing purpose), the statement of taxes need not include the\ninformation prescribed by subparagraph (xii) of this paragraph; and\n  (xv) notwithstanding any general, special or local law to the\ncontrary, if the taxes set forth in the statement are payable in\ninstallments such statement shall clearly disclose the due dates for\npayment of such installments without interest or penalties.\n  (b) In addition, in the event that at any time prior to the expiration\nof his warrant the collecting officer shall receive notice of a transfer\nof title to real property occurring subsequent to the taxable status\ndate, such collecting officer shall mail a statement of taxes to the new\nowner of such real property at the tax billing address listed thereon if\nthe amount of taxes due as listed on the tax roll has not been paid.\n  (c) Nothing contained in this section shall be construed to preclude\nthe personal delivery of a bill to an owner or mortgage investing\ninstitution and where a bill is so delivered, a reference in this\nchapter to the mailing of such bill shall be deemed a reference to the\ndelivery of such bill, unless the context clearly indicates otherwise.\n  (d) Upon resolution duly adopted by the council of a city, or town\nboard of a town, the collecting officer shall cause to be enclosed with\nthe statement showing the amount of tax due, a summary of the adopted\nmunicipal budget and an explanation of the computation of the tax rate.\n  1-a. The collecting officer shall further enclose with each such\nstatement a notice that any taxpayer who owns residential real property\nconsisting of no more than three family dwelling units and who is age\nsixty-five or over or who is disabled is eligible for a third party\nnotification procedure if desired. Such notice shall state that any\neligible taxpayer wishing to participate in such procedure must\ndesignate an adult third party to receive notification, that the\ndesignated third party must consent to such notification, where the\nappropriate application form may be obtained, and that an application\nform must be filed with the collecting officer of the appropriate\nmunicipal corporation no later than a specific date, as chosen by\nresolution of the legislative body of such municipal corporation, which\ndate shall be no earlier than sixty days prior to the levy of taxes by\nor on behalf of such municipal corporation. Duplicates of subsequent tax\nbills and notices of unpaid taxes shall be mailed to such third party\nuntil such time as the property owner or an administrator or executor of\nthe estate of such property owner notifies the collecting officer in\nwriting that third party procedure should cease or until such time as a\nchange of ownership is indicated on the tax roll or the collecting\nofficer receives notice of a change of ownership pursuant to section\nfive hundred seventy-four of this chapter. The collecting officer shall\nmail an application form to any eligible taxpayer who requests the same\nand who includes a self-addressed, stamped envelope with such request.\n  1-b. The collecting officer, upon request by the landowner receiving\nthe agricultural assessment, shall disclose the dollar value of the\nreduction in the tax liability attributable to land receiving such\nagricultural assessment.\n  1-c. Each statement of taxes pertaining to residential property shall\ncontain or be accompanied by a notice or legend reading substantially as\nfollows: "IF YOU ARE A SENIOR CITIZEN, A PERSON WITH A PHYSICAL\nDISABILITY AND/OR A VETERAN, YOU MAY BE ENTITLED TO A PARTIAL EXEMPTION\nFROM PROPERTY TAXES. Eligible homeowners have until (insert date) to\napply for such exemptions. For further information please call or write\nthe assessor's office" followed by the telephone number and address of\nthat office.\n  2. The cost of the statements and postage shall be a charge against\nthe city or town.\n  3. The failure to mail any such statement, or the failure of the\naddressee to receive the same, shall not in any way affect the validity\nof the taxes or interest prescribed by law with respect thereto.\n
N.Y. PBH Law § 545 — New York Code / Act PBH / Article 5 / Title 3 / Section 545
City of New York; exceptions
Status: in_force

§ 545. City of New York; exceptions. Unless otherwise expressly\nprovided, the provisions of sections five hundred forty to five hundred\nforty-four of this chapter, inclusive, shall not apply to the city of\nNew York.\n
N.Y. ENV Law § 13-0340-E — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-E
Scup (Stenotomus chrysops)
Status: in_force

§ 13-0340-e. Scup (Stenotomus chrysops).\n  The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of scup\n(Stenotomus chrysops), including size limits, catch and possession\nlimits, open and closed seasons, closed areas, restrictions on the\nmanner of taking and landing, requirements for permits and eligibility\ntherefor, recordkeeping requirements, requirements on the amount and\ntype of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n
N.Y. ENV Law § 13-0302 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0302
Lands underwater of Gardiner's and Peconic bays
Status: in_force

§ 13-0302. Lands underwater of Gardiner's and Peconic bays.\n  1. Underwater lands ceded to county of Suffolk. All the right, title\nand interest in which the people of the state of New York have in and to\nthe lands under water of Gardiner's and Peconic bays in the county of\nSuffolk, except underwater lands within one thousand feet of the high\nwater mark is hereby ceded to such county, for the purposes of shellfish\nor seaweed cultivation, to be managed and controlled by such county,\nprovided that such lands shall revert to the state when they shall cease\nto be used for shellfish or seaweed cultivation. For the purposes of\nthis section, the term "Gardiner's and Peconic bays" shall mean the\nwaters of Gardiner's and Peconic bays and the tributaries thereof\nbetween the westerly shore of Great Peconic bay and an easterly line\nrunning from the most easterly point of Plum island to Goff point at the\nentrance of Napeague harbor.\n  2. Ratification. The grant of lands under the waters of Gardiner's and\nPeconic bays, by the commissioners of shell fisheries, in accordance\nwith the provisions of chapter 385 of the laws of 1884, as amended,\nsubsequently held and used by the grantees, heirs, successors, and\nassigns on which all taxes and assessments have been paid, are hereby\nratified and confirmed. Any underwater lands in Gardiner's and Peconic\nBays previously granted that revert or escheat to the state or are\nsubject to tax deed by the county of Suffolk shall be available to the\ncounty for leasing pursuant to this section. All other lands under such\nwaters, which pursuant to such chapters, have escheated or reverted to\nthe state, are hereby ceded to Suffolk county for the purposes of the\ncultivation of shellfish or seaweed, subject to existing valid grants\nand easements; provided however, that nothing in this section shall\ninterfere with the right of the commissioner of general services to\ngrant lands and easements under water to owners of adjacent uplands,\npursuant to the provisions of the public lands law, or of the\nlegislature to make such grants without regard to upland ownership, and\nto grant franchises to utilities, municipalities and governmental,\neducational, or scientific bodies for cables, outfalls, ecological\nstudies, and experimentation with controlled marine life.\n  3. Leases for shellfish cultivation. Suffolk county may lease lands\nunder water ceded to it by the state for the purpose of shellfish\ncultivation. Provided if no such leases have been executed by December\nthirty-first, two thousand ten, such authority to lease pursuant to this\nsection shall terminate.\n  a. Leases may be issued only within areas designated as shellfish\ncultivation zones on a map or maps to be prepared and approved by the\ncounty of Suffolk.\n  b. No lease shall be granted except upon written application on forms\nfurnished by the county of Suffolk, and properly executed and signed by\nthe applicant.\n  c. Before a lease is approved, notice shall be provided for at least\ntwo months by posting such notice at the bureau of marine resources in\nthe department, the office of the county clerk, and the office of the\ntown clerk in which all or any part of the lands to be leased are\nlocated.  Such notice shall also be published in the official newspaper\nof the county. The notice shall include the name of the lessee, the\nboundaries of the lease, and the area of the lease. A copy of the\nproposed lease shall be available for public inspection and copying in\nthe office of the county clerk.\n  4. Establishment of shellfish cultivation zones. Before leasing or\nusing the lands hereby ceded to it, the county of Suffolk shall cause an\naccurate survey to be made of such lands, and a map or maps to be\nprepared therefrom. Such map or maps shall establish shellfish\ncultivation zones within Gardiner's and Peconic bays. Such map or maps\nshall be approved by local law. After such map or maps have been\nadopted, the county shall have the authority to issue leases for\nshellfish cultivation within the shellfish cultivation zones, as\nprovided herein. Such map or maps shall be updated by the county of\nSuffolk every five years.\n  a. Underwater lands within one thousand feet of the high water mark\nshall not be included in a shellfish cultivation zone.\n  b. Underwater lands where bay scallops are produced regularly and\nharvested on a commercial basis shall not be included in a shellfish\ncultivation zone.\n  c. Underwater lands where there is an indicated presence of shellfish\nin sufficient quantity and quality and so located as to support\nsignificant hand raking and/or tonging harvesting shall not be included\nin a shellfish cultivation zone.\n  d. Underwater lands where the leasing will result in a significant\nreduction of established commercial finfish or crustacean fisheries\nshall not be included in a shellfish cultivation zone.\n  5. Regulations for shellfish cultivation. The county shall, by local\nlaw, before leasing any such underwater lands, adopt regulations\ngoverning:\n  a. applications for leases;\n  b. notices to be given;\n  c. the form and terms of leases;\n  d. standards for the approval or denial of leases;\n  e. administration of leases;\n  f. the transfer or renewal of leases;\n  g. marking grounds and testing;\n  h. fees;\n  i. recording of leases;\n  j. bonds; and\n  k. such other matters as are appropriate to the leasing program.\n  6. Department authority over shellfish cultivation. Notwithstanding\nany of the provisions of this section:\n  a. any person engaging in the cultivation or harvesting of shellfish\nin a shellfish cultivation zone pursuant to this section shall obtain a\npermit in accordance with section 13-0316 of this title; and\n  b. the department shall regulate and control the use of certain types\nof vessels and equipment for harvesting shellfish, requirements for\nreseeding, the right to enter upon such leased lands for reseeding or\nmaking shellfish population surveys, and enforce all other applicable\nstate laws relating to said underwater lands.\n  7. Leases for seaweed cultivation. Suffolk county may lease lands\nunder water ceded to it by the state for the purpose of seaweed\ncultivation, provided if no such leases have been executed by December\nthirty-first, two thousand thirty-one, such authority to lease pursuant\nto this section shall terminate. Nothing shall preclude the county from\nissuing a single lease to an applicant for both shellfish and seaweed,\nprovided that the application complies with all the requirements of this\nsection.  For the purposes of this section, "seaweed" means any marine\nmacroalgae that is native or indigenous to the marine and coastal\ndistrict and approved by the commissioner for cultivation in the waters\nof Gardiner's and Peconic bays.\n  a. Leases may be issued only within areas designated as seaweed\ncultivation zones on a map or maps to be prepared and approved by the\ncounty of Suffolk.\n  b. No lease shall be granted, except upon written application on forms\nfurnished by the county of Suffolk, and properly executed and signed by\nthe applicant.\n  c. Before a lease is approved, notice shall be provided for at least\ntwo months by posting such notice at the division of marine resources in\nthe department, the office of the county clerk, and the office of the\ntown clerk in which all or any part of the lands to be leased are\nlocated.  Such notice shall also be published in the official newspaper\nof the county. The notice shall include the name of the lessee, the\nboundaries of the lease, and the area of the lease. A copy of the\nproposed lease shall be available for public inspection and copying in\nthe office of the county clerk.\n  8. Establishment of seaweed cultivation zones. Before leasing or using\nthe lands hereby ceded to it for seaweed cultivation, the county of\nSuffolk shall cause an accurate survey to be made of such lands, and a\nmap or maps to be prepared therefrom. Such map or maps shall establish\nseaweed cultivation zones within Gardiner's and Peconic bays. Such map\nor maps shall be approved by local law. After such map or maps have been\nadopted, the county shall have the authority to issue leases for seaweed\ncultivation within the seaweed cultivation zones, as provided herein.\nSuch map or maps shall be updated by the county of Suffolk every five\nyears.\n  a. Underwater lands within one thousand feet of the high water mark\nshall not be included in a seaweed cultivation zone.\n  b. Underwater lands where bay scallops are produced regularly and\nharvested on a commercial basis shall not be included in a seaweed\ncultivation zone.\n  c. Underwater lands where there is an indicated presence of shellfish\nin sufficient quantity and quality and so located as to support\nsignificant hand raking and/or tonging harvesting shall not be included\nin a seaweed cultivation zone.\n  d. Underwater lands where the leasing will result in a significant\nreduction of established commercial finfish or crustacean fisheries\nshall not be included in a seaweed cultivation zone.\n  9. Regulations for seaweed cultivation. The county shall, by local\nlaw, before leasing any such underwater lands, adopt regulations\ngoverning:\n  a. applications for leases;\n  b. notices to be given;\n  c. the form and terms of leases;\n  d. standards for the approval or denial of leases;\n  e. administration of leases;\n  f. the transfer or renewal of leases;\n  g. marking grounds and testing;\n  h. fees;\n  i. recording of leases;\n  j. bonds; and\n  k. such other matters as are appropriate to the leasing program.\n  10. Department authority over seaweed cultivation. Notwithstanding any\nof the provisions of this section:\n  a. any person engaging in the cultivation or harvesting of seaweed in\na seaweed cultivation zone pursuant to this section shall obtain all\npermits required by this chapter;\n  b. the department may regulate and control the use of certain types of\nvessels and equipment for harvesting seaweed, requirements for\nreseeding, the right to enter upon such leased lands, and enforce all\nother applicable state laws relating to said underwater lands; and\n  c. any person engaging in the cultivation or harvesting of seaweed in\na seaweed cultivation zone pursuant to this section shall obtain a\npermit in accordance with section 13-0316 of this title.\n  11. Duties of the county clerk. Leases issued pursuant to this section\nshall be recorded in the office of the county clerk in the manner and\nform to be determined by local law as provided in subdivision five of\nthis section.\n  12. Summary proceedings. Upon the failure of a lessee to pay the\nrental on any date due under the terms of the lease or upon revocation\nas provided for by local law pursuant to subdivision five or seven of\nthis section, the county may, after written notice to the lessee declare\nthe lease cancelled as of the date set forth in such notice, and may\nimmediately thereafter evict the lessee from such lands. The provisions\nof article seven of the real property actions and proceedings law shall\napply and govern the procedure in such case.\n  13. Disposition of fees and rents. All fees and rents received shall\nbe deposited into the general fund of the county. However, in the\nalternative, nothing shall prohibit the county of Suffolk, by local law,\nfrom establishing a special fund for the promotion of aquaculture where\nsuch fees and rents shall be deposited.\n  14. Suffolk county shall be authorized to allow the underwater lands\nat Gardiner's and Peconic Bays within the shellfish cultivation zone to\nbe used for the implementation of a pilot program to conduct research\nand scientific assessment of the feasibility of seaweed cultivation.\nSuch pilot program shall be limited to persons holding a lease from\nSuffolk county for shellfish cultivation and shall be limited to a total\nof five acres of such cultivation zone provided that any one person may\nbe authorized to conduct seaweed cultivation on no more than one acre of\nthe lease. Suffolk county shall provide a report to the legislature and\nthe department on the pilot program no later than January first, two\nthousand twenty-six.\n
N.Y. SOS Law § 473-D — New York Code / Act SOS / Article 9-B / Title 3 / Section 473-D
Community guardianship
Status: in_force

§ 473-d. Community guardianship. 1. Definitions. When used in this\nsection unless otherwise expressly stated or unless the context or\nsubject matter requires a different interpretation:\n  (a) "Community guardian program" means a not-for-profit corporation\nincorporated under the laws of the state of New York or a local\ngovernmental agency which has contracted with or has an agreement with a\nlocal social services official to provide conservatorship or\ncommitteeship services to eligible persons as provided in this title.\n  (b) "Hospital" means a hospital as defined in subdivision one of\nsection two thousand eight hundred one of the public health law, or a\nhospital as defined in subdivision ten of section 1.03 of the mental\nhygiene law.\n  (c) "Residential facility" means a facility licensed pursuant to\narticle twenty-eight of the public health law, article nineteen,\ntwenty-three, thirty-one or thirty-two of the mental hygiene law, or\narticle seven of this chapter.\n  2. A social services official may contract with a community guardian\nprogram for the provision of conservatorship or committeeship services.\nA social services official may bring a petition to appoint a community\nguardian program as conservator or committee for a person only if the\nperson is:\n  (a) eligible for and in receipt of adult protective services, as\ndefined in section four hundred seventy-three of this chapter, at the\ntime of the petition; and\n  (b) without a capable friend or relative or responsible agency willing\nand able to serve as conservator or committee; and\n  (c) living outside of a hospital or residential facility, or living in\na hospital or residential facility and appointment of the community\nguardian program is part of a plan to return such person to the\ncommunity.\n  3. A contract or agreement between a local social services official\nand a community guardian program shall require that:\n  (a) the community guardian program shall make its best efforts to\nmaintain each person for whom the community guardian program is\nappointed as conservator or committee in a place other than a hospital\nor residential facility;\n  (b) the community guardian program shall petition the court to\nrelinquish its duties as conservator or committee if a person for whom\nthe community guardian program is appointed as conservator or committee\nregains capacity or competence, or a capable friend or relative becomes\navailable to serve as conservator or committee, or the person must enter\na hospital or residential facility on a long-term basis;\n  (c) the community guardian program shall act on behalf of each person\nfor whom the community guardian program is appointed as conservator or\ncommittee to obtain such medical, social, mental health, legal and other\nservices as are available and to which the person is entitled and as are\nrequired for the person's safety and well-being and shall advocate for\nall entitlements, public benefits, and services for which the person\nqualifies and which the person requires;\n  (d) all remuneration awarded to the community guardian program by the\ncourt from the estate of a person for whom the community guardian\nprogram is appointed as conservator or committee shall be based upon the\ncost of the community guardian program incurred in serving such person\nor the fee that would otherwise be awarded by the court, whichever is\nthe lesser, and paid over to the social services district;\n  (e) the files and records of the community guardian program shall be\nopen to inspection to the local social services officials and the\ndepartment;\n  (f) no director, officer or employee of the community guardian program\nshall have a substantial interest in any corporation, organization or\nentity that provides services to any person for whom the community\nguardian program is conservator or committee;\n  (g) the community guardian program shall obtain annually a statement\nprepared by a physician, psychologist, nurse clinician, or social\nworker, or other person evaluating the condition and functional level of\na person for whom the community guardian program serves as guardian\npursuant to paragraph five of subdivision (b) of section 81.31 of the\nmental hygiene law and the appointing court shall be informed of the\nresults of such evaluation or examination and may discharge or modify\nthe powers of the guardian pursuant to section 81.36 of the mental\nhygiene law. The person conducting the evaluation pursuant to this\nparagraph shall not be affiliated with a community guardian program and\nshall be acting within their lawful scope of practice as established\nunder the education law;\n  (h) persons hired by the community guardian program to provide\nservices to a person for whom the community guardian program has been\nnamed conservator or committee shall have expertise in one or more of\nthe areas of mental health services, protective services, social\nservices or home care services or appropriate experience.\n  4. A local social services official shall not be relieved of any duty\nto provide services to a person by reason of the operation of a\ncommunity guardian program in the locality or by cessation of such\nprogram in the locality.\n  5. The department may promulgate rules and regulations necessary to\nimplement this title.\n  6. Expenditures made by a social services district, directly or\nthrough purchase of services, in petitioning for or acting as a\nconservator or committee, or made pursuant to contract for community\nguardianship services in accordance with the provisions of this title,\nshall be subject to reimbursement by the state, in accordance with\nregulations of the department, in the amount of fifty per centum of such\nexpenditures, after first deducting therefrom any federal funds properly\nreceived or to be received on account thereof and any amounts received\npursuant to paragraph (d) of subdivision three of this section.\n  7. Nothing in this title shall lessen or eliminate the\nresponsibilities and powers required by law of any agency, department,\nor any subdivision thereof.\n  8. On or before December thirty-first, nineteen hundred eighty-seven,\nthe commissioner shall submit an interim report to the governor, the\ntemporary president of the senate and the speaker of the assembly\ndetailing progress and evaluating results of this program. On or before\nDecember thirty-first, nineteen hundred eighty-eight, the commissioner\nshall submit a final report to the governor, the temporary president of\nthe senate and the speaker of the assembly on the effectiveness of this\nact.\n
N.Y. ELN Law § 8-304 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-304
Voters; signature identification
Status: in_force

§ 8-304. Voters; signature identification. 1. A person before being\nallowed to vote shall be required, except as provided in this chapter,\nto sign his or her name on the back of his or her registration poll\nrecord on the first line reserved for his or her signature at the time\nof election which is not filled with a previous signature, or in the\nspace provided in the computer generated registration list reserved for\nthe voter's signature. The two inspectors in charge shall satisfy\nthemselves by a comparison of this signature with the voter's\nregistration signature and by comparison of the voter's appearance with\nthe descriptive material on the face of the registration poll record\nthat the voter is the person registered. If they are so satisfied they\nshall enter the other information required for the election on the same\nline with the voter's latest signature, shall sign their names or\ninitials in the spaces provided therefor, and shall permit the applicant\nto vote. Any inspector or inspectors not satisfied shall challenge the\napplicant forthwith.\n  2. If a person who alleges an inability to sign his or her name\npresents himself or herself to vote, the board of inspectors shall\npermit such person to vote, unless challenged on other grounds, provided\nthe voter had been permitted to register without signing the voter's\nname. The board shall enter the words "Unable to Sign" in the space on\nthe voter's registration poll record reserved for the voter's signature\nor on the line or space the computer generated registration list\nreserved for the voter's signature at such election. If the voter's\nsignature appears upon the voter's registration record or in the\ncomputer generated registration list the board shall challenge the voter\nforthwith, except that if such a person claims that he or she is unable\nto sign his or her name by reason of a physical disability incurred\nsince the voter's registration, the board, if convinced of the existence\nof such disability, shall permit him or her to vote, shall enter the\nwords "Unable to Sign" and a brief description of such disability in the\nspace reserved for the voter's signature at such election. At each\nsubsequent election, if such disability still exists, the voter shall be\nentitled to vote without signing their name and the board of inspectors,\nwithout further notation, shall enter the words "Unable to Sign" in the\nspace reserved for the voter's signature at such election.\n  3. The voter's facsimile signature shall be effectively concealed from\nthe voter by a blotter or other means until after the voter shall have\ncompleted the signature.\n  4. In any case where a person who has heretofore voted has placed his\nvoting signature on the back of his registration poll record on the\nfirst or any succeeding line or lines at the time or times of an\nelection, instead of on the last line of the space thereon required to\nbe reserved for such voting signatures and on any lines next running\nupward therefrom, the inspectors of election shall obliterate such\nmisplaced signature or signatures, initial the obliteration and require\nsuch voter to sign his name again in the correct place on such\nregistration poll record.\n  5. Any person who has heretofore registered and who at such time\nplaced his or her registration signature on the back of the registration\npoll record otherwise than in the space required to be provided therefor\nat the bottom of such poll record, shall, before being permitted to vote\nat any election thereafter, subscribe a new registration signature for\nhimself on the last line at the bottom of such poll record, and, at the\nsame time, if the inspectors of election are satisfied that the\nsignatures were made by the same person, obliterate his original\nregistration signature placed elsewhere than on the bottom of such\nrecord. Such obliterations may be made by crossing out the signature so\nas to completely efface the same or by affixing thereover a piece of\ngummed tape of a size sufficient only to cover such signature and of a\ntype adequate to fully conceal the same.\n
N.Y. SOS Law § 74-I — New York Code / Act SOS / Article 3 / Title 3-A / Section 74-I
Transfer of personnel; county, city and town
Status: in_force

§ 74-i.  Transfer of personnel; county, city and town.  1.  When,\npursuant to the provisions of this chapter or of any other law, the\nfunctions, powers and duties exercised by a city or town in the\nadministration of public assistance and care, are transferred or\nassigned, in whole or in part, to a county, provision shall be made for\nthe county to employ so much of the staff employed by such city or town\nin the administration and execution of the functions, powers and duties\nso transferred or assigned as may be practicable and necessary.\nOfficers and employees shall be transferred without further examination\nor qualification and they shall retain their respective civil service\nclassification and status provided that, in determining the officers and\nemployees to be transferred to a county, such officers and employees\nshall be selected within each grade of each class of positions in the\norder of their original appointment in the service of the city or town,\nas the case may be.  Officers and employees in the competitive class of\nthe civil service of the city or town who are not transferred to the\ncounty shall have their names entered upon appropriate city or town\npreferred lists, as the case may be, pursuant to section thirty-one of\nthe civil service law.  Temporary and provisional employees may be\ntransferred and shall, thereafter, be subject to such examinations as\nare required by law.  If the functions transferred are retransferred in\naccordance with the provisions of this chapter, upon such retransfer,\nthe officers or employees who were transferred and who are employed by\nthe county on the date of such retransfer shall likewise be\nretransferred; and, thereafter, they shall be deemed officers and\nemployees of the city or town from which they were originally\ntransferred, and they shall retain their civil service status, rights\nand privileges.\n  2.  When, pursuant to the provisions of this chapter, the functions,\npowers and duties exercised by a county in the administration of public\nassistance and care are transferred or assigned, in whole or in part, to\na city, or are assumed in part by a city or town which elects, pursuant\nto this chapter or any other law, to constitute itself a public welfare\ndistrict, provision shall be made for the city or town to employ so much\nof the staff employed by such county in the administration and execution\nof the functions, powers and duties so transferred, assigned or assumed\nas may be practicable and necessary.  Officers and employees shall be\ntransferred without further examination or qualification and they shall\nretain their respective civil service classification and status provided\nthat, in determining the officers and employees to be transferred to the\ncity or town, such officers and employees shall be selected within each\ngrade of each class of positions in the order of their original\nappointment in the service of the county.  Officers and employees in the\ncompetitive class of the civil service of the county who are not\ntransferred to the city or town shall have their names entered upon\nappropriate county preferred lists, pursuant to section thirty-one of\nthe civil service law.  Temporary and provisional employees may be\ntransferred and shall, thereafter, be subject to such examinations as\nare required by law.  If the functions transferred are retransferred in\naccordance with the provisions of this chapter, upon such retransfer,\nthe officers and employees who are transferred and who are employed by\nthe city on the date of such retransfer shall likewise be retransferred;\nand, thereafter, they shall be deemed officers and employees of the\ncounty, and they shall retain their civil service status, rights and\nprivileges.\n
N.Y. PBH Law § 621 — New York Code / Act PBH / Article 6 / Title 3 / Section 621
State aid; public health emergencies
Status: in_force

§ 621. State aid; public health emergencies. If the state commissioner\nor a county health department or part-county department of health or\nmunicipality, with the approval of the state commissioner, determines\nthat there is an imminent threat to public health, the department shall\nreimburse counties or municipalities at fifty per centum for the cost of\nemergency measures as approved by the department and subject to the\napproval of the director of the budget, except that aerial spraying for\nmosquitoes on state land shall be reimbursed at one hundred per centum,\nwithin amounts appropriated. Such funds shall be made available from\nfunds appropriated for public health emergencies, only to those counties\nor municipalities, which have expended all other state aid which may be\navailable for related activities and have developed measures to\nadequately address the emergency. Reimbursement is conditioned upon\navailability of appropriated funds. For purposes of this section,\n"municipality" means a health department of a city that is not located\nin a county or part-county health district or a county in which the\nlegislature has the powers and duties of a board of health of a county\nor part-county health district and cities with a population of over one\nmillion persons.\n
N.Y. ENV Law § 3-0305 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0305
Acquirement of real property by purchase or appropriation
Status: in_force

§ 3-0305. Acquirement of real property by purchase or appropriation.\n  1.  The commissioner when moneys therefor have been appropriated by\nthe legislature or are otherwise available, may acquire any real\nproperty which he deems necessary for any of the purposes or functions\nof the department, by purchase or as provided in the eminent domain\nprocedure law.  Title to such real property shall be taken in the name\nof and be vested in the people of the state of New York.  No real\nproperty shall be so acquired by purchase unless the title thereto is\napproved by the attorney general.  The terms "property" or "real\nproperty" as used in this section shall mean "real property" as defined\nby section one hundred three of the eminent domain procedure law.\n  2.  Whenever real property is to be so acquired pursuant to the\nprovisions of the eminent domain procedure law, by appropriation, the\ncommissioner shall cause to be made an accurate acquisition map as so\nprovided in said law.\n  3. On the approval of such map by the commissioner, the original\ntracing of map shall, pursuant to the eminent domain procedure law, be\nfiled in the main office of the department.\n  4. If the commissioner shall determine, prior to the filing of a copy\nof such acquisition map in the office of the county clerk, that changes,\nalterations or modifications of such map as filed in the main office of\nthe department should be made, he or she shall, subject to the\nprovisions of article two of the eminent domain procedure law, if\napplicable, direct the preparation of an amended map. On the approval of\nsuch amended map by the commissioner, it shall be filed in the main\noffice of the department in the same manner as the original map was\nfiled and the amended map shall thereupon in all respects and for all\npurposes supersede the map previously filed.\n  5. If the commissioner shall determine prior to filing a copy of an\nacquisition map in the office of the county clerk, as provided in\nsection four hundred two of the eminent domain procedure law, that such\nmap should be withdrawn, he or she shall file a certificate of\nwithdrawal in the offices of the department and of the department of\nlaw. Upon the filing of such certificate of withdrawal, the map to which\nit refers shall be cancelled and all rights thereunder shall cease and\ndetermine.\n  6.  The commissioner shall deliver to the attorney general a copy of\nsuch acquisition map, whereupon it shall be the duty of the attorney\ngeneral to advise and certify to the commissioner the names of the\nowners of the real property described in the said acquisition map,\nincluding the owners of any right, title or interest therein, pursuant\nto the requirements of section four hundred three of the eminent domain\nprocedure law.\n  7.  If, at or after the vesting of title to such property in the\npeople of the state of New York in the manner provided for in the\neminent domain procedure law, the commissioner shall deem it necessary\nto cause the removal of an owner or other  occupant from such property,\nhe may cause such owner or occupant to be removed therefrom by\nproceeding in accordance with section four hundred five of such law.\nThe proceeding shall be brought in the name of the commissioner as agent\nof the state and the attorney general shall represent the petitioner in\nthe proceedings.  No execution shall issue for costs, if any, awarded\nagainst the state or the commissioner, but they shall be part of the\ncosts of the acquisition of the real property and be paid in like\nmanner.  Proceedings may be brought separately against one or more of\nthe owners or occupants of any such property, or one proceeding may be\nbrought against all or several of the owners or occupants of any or all\nsuch property within the territorial jurisdiction of the same court,\njustice or judge; judgment shall be given for immediate removal of\npersons defaulting in appearance or in answering, or withdrawing their\nanswers, if any, without awaiting the trial or decision of issues raised\nby contestants, if any.\n  8.  Upon making any agreement provided for in section three hundred\nfour of the eminent domain procedure law, the commissioner shall deliver\nto the comptroller such agreement and a certificate stating the amount\ndue such owner or owners thereunder on account of such appropriation of\nhis or their property and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of such real property, but not until there shall\nhave been filed with the comptroller a certificate of the attorney\ngeneral showing the person or persons claiming the amount so agreed upon\nto be legally entitled thereto.\n  9.  Application for reimbursement as provided in section seven hundred\ntwo of the eminent domain procedure law, shall be made to the\ncommissioner upon forms prescribed by him and shall be accompanied by\nsuch information and evidence as the commissioner may require.  Upon\napproval of such application, the commissioner shall deliver a copy\nthereof to the comptroller together with a certificate stating the\namount due thereof, and the amount so fixed shall be paid out of the\nstate treasury after audit by the comptroller from moneys appropriated\nfor the acquisition of property under this section.\n  10.  The commissioner with the approval of the director of the budget,\nshall establish and may from time to time amend rules and regulations\nauthorizing the payment of actual reasonable and necessary moving\nexpenses of occupants of property acquired pursuant to this section; of\nactual direct losses of tangible personal property as a result of moving\nor discontinuing a business or farm operation, but not exceeding an\namount equal to the reasonable expenses that would have been required to\nrelocate such property, as determined by the commissioner; and actual\nreasonable expenses in searching for a replacement business or farm, or\nin hardship cases for the advance payment of such expenses and losses.\nFor the purposes of making payment of such expenses and losses only the\nterm "business" means any lawful activity conducted primarily for\nassisting in the purchase, sale, resale, manufacture, processing or\nmarketing of products, commodities, personal property or services by the\nerection and maintenance of an outdoor advertising display or displays,\nwhether or not such display or displays are located on the premises on\nwhich any of the above activities are conducted.  Such rules and\nregulations may further define the terms used in this subdivision.  In\nlieu of such actual reasonable and necessary moving expenses, any such\ndisplaced owner or tenant of residential property may elect to accept a\nmoving expense allowance, plus a dislocation allowance, determined in\naccordance with a schedule prepared by the commissioner and made a part\nof such rules and regulations.  In lieu of such actual reasonable and\nnecessary moving expenses, any such displaced owner or tenant of\ncommercial property who relocates or discontinues his business or farm\noperation may elect to accept a fixed relocation payment in an amount\nequal to the average annual net earnings of the business or farm\noperation, except that such payment shall be not less than two thousand\nfive hundred dollars nor more than ten thousand dollars.  In the case of\na business, no such fixed relocation payment shall be made unless the\ncommissioner finds and determines that the business cannot be relocated\nwithout a substantial loss of its existing patronage, and that the\nbusiness is not part of a commercial enterprise having at least one\nother establishment, which is not being acquired by the state or the\nUnited States, which is engaged in the same or similar business.  In the\ncase of a business which is to be discontinued but for which the\nfindings and determinations set forth above cannot be made, the\ncommissioner may prepare an estimate of what the actual reasonable and\nnecessary moving expenses, exclusive of any storage charges, would be if\nthe business were to be relocated and enter into an agreed settlement\nwith the owner of such business for an amount not to exceed such\nestimate in lieu of such actual reasonable and necessary moving\nexpenses.  Application for payment under this subdivision shall be made\nto the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire.  Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller together with a certificate\nstating the amount due thereunder, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of property under this section.  As\nused in this subdivision the term "commercial property" shall include\nproperty owned by an individual, family, partnership, corporation,\nassociation or a non-profit organization and includes a farm operation.\nAs used in this subdivision the term "business" means any lawful\nactivity, except a farm operation, conducted primarily for the purchase,\nsale, lease and rental of personal and real property, and for the\nmanufacture, processing, or marketing of products, commodities, or any\nother personal property; for the sale of services to the public; or by a\nnon-profit organization.\n  11.  The commissioner pursuant to section three hundred five of the\neminent domain procedure law, may make agreements on such terms,\ncondition and consideration as he deems beneficial to the state with\nrespect to any property heretofore or hereafter acquired, whereby such\nproperty may be used and occupied by the former owner, tenant or by any\nother party from a date specified in said agreement, until such time as\nthe state requires and obtains actual physical possession.  The\nagreements for the use and occupancy of such property may be managed,\nsupervised and enforced (1) by the staff, forces and equipment of the\ndepartment of environmental conservation; or (2) by the commissioner of\nenvironmental conservation contracting for the management, supervision\nand enforcement thereof with any person, firm or corporation; or (3) by\na combination of such methods.\n  The use and occupancy of such property under the provisions of this\nsection and the right of the state or its duly authorized agent to\nrecover possession thereof shall not be subject to the emergency housing\nrent control law.\n  Expenses which are determined by the commissioner to have been\nincurred in connection with the use and occupancy of such property may\nbe paid out of the state treasury after audit by the comptroller from\nmoneys appropriated for the duly authorized project for which the\nproperty was acquired.  However, such expenses incurred under a contract\nfor management and supervision of such property may be paid out of the\ngross revenue therefrom.  All moneys received by the commissioner for\nsuch use or occupancy shall be paid into the treasury of the state to\nthe credit of the capital construction fund.\n  12.  Authorization is hereby given to the commissioner to make\nsupplemental relocation payments, separately computed and stated, to\ndisplaced owners and tenants of residential property acquired pursuant\nto this section who are entitled thereto, as determined by him.  The\ncommissioner with the approval of the director of the budget, may\nestablish and from time to time amend rules and regulations providing\nfor such supplemental relocation payments.  Such rules and regulations\nmay further define the terms used in this subdivision.  In the case of\nproperty acquired pursuant to this section, which is improved by a\ndwelling actually owned and occupied by the displaced owner for not less\nthan one hundred eighty days immediately prior to initiation of\nnegotiations for the acquisition of such property, such payment to such\nowner shall not exceed fifteen thousand dollars.  Such payment shall be\nthe amount, if any, which, when added to the acquisition payment equals\nthe average price, established by the commissioner on a class, group or\nindividual basis, required to obtain a comparable replacement dwelling\nthat is decent, safe and sanitary to accommodate the displaced owner,\nreasonably accessible to public services and places of employment and\navailable on the private market, but in no event shall such payment\nexceed the difference between acquisition payment and the actual\npurchase price of the replacement dwelling.  Such payment shall include\nan amount which will compensate such displaced owner for any increased\ninterest costs which such person is required to pay for financing the\nacquisition of any such comparable replacement dwelling.  Such amount\nshall be paid only if the dwelling acquired pursuant to this section was\nencumbered by a bona fide mortgage which was a valid lien on such\ndwelling for not less than one hundred eighty days prior to the\ninitiation of negotiations for the acquisition of such dwelling.  Such\namount shall be equal to the excess in the aggregate interest and other\ndebt service costs of that amount of the principal of the mortgage on\nthe replacement dwelling which is equal to the unpaid balance of the\nmortgage on the acquired dwelling, over the remainder term of the\nmortgage on the acquired dwelling, reduced to discounted present value.\nThe discount rate shall be the prevailing interest rate paid on savings\ndeposits by commercial banks in the general area in which the\nreplacement dwelling is located.  Any such mortgage interest\ndifferential payment shall, notwithstanding the provisions of section\ntwenty-six-b of the general construction law, be in lieu of and in full\nsatisfaction of the requirements of such section.  Such payment shall\ninclude reasonable expenses incurred by such displaced owner for\nevidence of title, recording fees and other closing costs incident to\nthe purchase of the replacement dwelling, but not including prepaid\nexpenses.  Such payment shall be made only to a displaced owner who\npurchases and occupies a replacement dwelling which is decent, safe and\nsanitary within one year subsequent to the date on which he is required\nto move from the dwelling acquired pursuant to this section or the date\non which he receives from the state final payment of all costs of the\nacquired dwelling, whichever occurs later, except advance payment of\nsuch amount may be made in hardship cases.  In the case of property\nacquired pursuant to this section from which an individual or family,\nnot otherwise eligible to receive a payment pursuant to the above\nprovisions of this subdivision, is displaced from any dwelling thereon\nwhich has been actually and lawfully occupied by such individual or\nfamily for not less than ninety days immediately prior to the initiation\nof negotiation, for the acquisition of such property, such payment to\nsuch individual or family shall not exceed four thousand dollars.  Such\npayment shall be the amount which is necessary to enable such individual\nor family to lease or rent for a period not to exceed four years, a\ndecent, safe, and sanitary dwelling of standards adequate to accommodate\nsuch individual or family in areas not generally less desirable in\nregard to public utilities and public and commercial facilities and\nreasonably accessible to his place of employment, but shall not exceed\nfour thousand dollars, or to make the down payment, including reasonable\nexpenses incurred by such individual or family for evidence of title,\nrecording fees, and other closing costs incident to the purchase of the\nreplacement dwelling, but not including prepaid expenses, on the\npurchase of a decent, safe and sanitary dwelling of standards adequate\nto accommodate such individual or family in areas not generally less\ndesirable in regard to public utilities and public and commercial\nfacilities, but shall not exceed four thousand dollars, except if such\namount exceeds two thousand dollars, such person must equally match any\nsuch amount in excess of two thousand dollars, in making the down\npayment.  Such payments may be made in installments as determined by the\ncommissioner.  Application for payment under this subdivision shall be\nmade to the commissioner upon forms prescribed by him and shall be\naccompanied by such information and evidence as the commissioner may\nrequire.  Upon approval of such application, the commissioner shall\ndeliver a copy thereof to the comptroller, together with a certificate\nstating the amount due thereunder, and the amount so fixed shall be paid\nout of the state treasury after audit by the comptroller from moneys\nappropriated for the acquisition of property under this section.\n  13.  Any owner may present to the court of claims, pursuant to section\nfive hundred three of the eminent domain procedure law, a claim for the\nvalue of such property appropriated and for legal damages, as provided\nby law for the filing of claims with the court of claims.  Awards and\njudgments of the court of claims shall be paid in the same manner as\nawards and judgments of that court for the acquisition of lands\ngenerally and shall be paid out of the state treasury after audit by the\ncomptroller from moneys appropriated for the acquisition of such real\nproperty.\n  14.  Expenses incurred in the acquisition of the real property,\nincluding the cost of making surveys, and preparing maps of property to\nbe acquired, serving notices, making appraisals and agreements and of\nsearches ordered and examinations and readings of title made by the\nattorney general, and expenses incurred by the commissioner or attorney\ngeneral in proceedings for removal of owners and occupants, shall be\ndeemed to be part of the cost of the acquisition of such real property.\n  15.  If the commissioner shall determine subsequent to the acquisition\nof a temporary easement in any real property that the purposes for which\nsuch easement right was acquired have been accomplished and that the\nexercise of such easement is no longer necessary, the commissioner shall\nmake a certificate that the exercise of such easement is no longer\nnecessary and that such easement right is therefore terminated, released\nand extinguished.  The commissioner shall cause such certificate to be\nfiled in the main office of the department and upon such filing all\nrights acquired by the state in such real property shall cease and\ndetermine.  The commissioner shall cause a certified copy of such\ncertificate as so filed in the main office of the department to be\nmailed to the owner of the property affected, as certified by the\nattorney general, if the place of residence of such owner is known or\ncan be ascertained by a reasonable effort and such commissioner shall\ncause a further certified copy of such certificate to be filed in the\noffice of the recording officer of each county in which the property\naffected or any part thereof is situated.  On the filing of such\ncertified copy of such certificate with such recording officer, it shall\nbe his duty to record the same in his office in the books used for\nrecording deeds and to index the same against the name of the people of\nthe state of New York as grantor.\n  16.  The commissioner may, by official order filed in the department\nand subject to such limitations as he may prescribe, authorize the\nexercise of any of his powers or the performance of any of his duties\nunder this section by such deputy commissioners as he may designate; and\nany act performed pursuant to such authorization shall be as valid and\neffectual as if performed by the commissioner pursuant to this section.\n
N.Y. PBG Law § 406 — New York Code / Act PBG / Article 13 / Title 3 / Section 406
Schenectady Municipal Housing Authority
Status: in_force

§ 406. Schenectady Municipal Housing Authority.  The municipal housing\nauthority of the city of Schenectady is hereby constituted and declared\nto be a body corporate and politic with all the powers, rights and\nduties as set forth in article five of the former state housing law.\n
N.Y. RPT Law § 926-A — New York Code / Act RPT / Article 9 / Title 3 / Section 926-A
Liability for taxes of owners and renters of certain residential property
Status: in_force

* § 926-a. Liability for taxes of owners and renters of certain\nresidential property. 1.  Notwithstanding the provisions of any other\nlaw to the contrary, a renter whose interest has been described in\nsection three hundred four of this chapter shall be personally liable\nfor the taxes levied on such interest.\n  2. The owner of the real property where such a renter is an occupant\nshall be deemed an agent of the collecting officer of the municipality\nin which the real property is located for the purposes of collecting the\ntaxes due from each tenant personally liable for taxes.\n  3. Notwithstanding any other provisions of law, the payments by the\nrenter, whose property has been assessed pursuant to subdivision five of\nsection three hundred four of this chapter shall be made in two separate\namounts consisting of basic rent and the real property tax due from the\nrental unit occupied by such renter. Each real property tax payment\nshall be determined by dividing the total real property taxes due\nannually by twelve and paid in equal monthly installments. The owner of\nreal property or his designated agent, is obligated to apply the first\nmoney paid by the renter to taxes due under his ownership.\n  4. Such payment shall discharge the renter's liability for taxes so\npaid, regardless of any subsequent disposition of such moneys by the\nlandlord owner. After notice to the owner of real property or his\ndesignated agent, such payment, placed into an escrow fund established\nfor the deposit of rents pursuant to section two hundred thirty-five-b\nof the real property law, shall also discharge the renter's liability\nfor taxes so paid. At any time prior to such payment, the county, city,\ntown or village may collect the taxes due from each tenant personally\nliable for taxes directly from such tenants, and such collection shall\ndischarge the tenant's obligation to the landlord by an equal amount of\nthat portion of the rent attributable to taxes.\n  5. As proof of payment of real property taxes by a renter personally\nliable for said taxes pursuant to section three hundred four of this\nchapter, the owner of the real property must submit to the renter on or\nbefore January thirtieth a statement indicating the amount of taxes paid\nby such renter during the previous calendar year. This annual statement\nmust be submitted to each present or former renter for the calendar year\ncovered by the statement if said renter occupied the unit during any\nportion of that calendar year.\n  6. Where a unit is vacant all or part of the taxing period the owner\nshall be deemed to hold the renter's interest in that unit for the\nperiod of vacancy and assume the personal liability for taxes levied on\nthat unit.\n  7. No person being an owner of real property where a renter described\nin section three hundred four of this chapter is an occupant, may charge\nsuch a renter under any written lease, or by reason of a tenancy created\nby a state or local law relating to the regulation and control of\nresidential rents, an amount in any rent period in excess of the rent\nreserved in such lease or the maximum rent permitted under such\nprovisions for the regulation and control of residential rents, reduced\nby the taxes allocated to the renter pursuant to this section.\n  8. Where a renter personally liable for real property taxes fails to\npay that portion of the rental charges attributable to taxes or is\ndelinquent in his payments to the owner so that less than all of the\nmoney due and chargeable for real property taxes is paid to the owner,\nthe owner shall be deemed to have assumed the renter's interest in the\noccupied unit and may commence a summary proceeding to recover real\nproperty. The provisions of this subdivision shall not apply where a\nrenter has applied for a stay pursuant to section seven hundred\nfifty-five or seven hundred fifty-six of the real property actions and\nproceedings law, or has commenced a special proceeding pursuant to\narticle seven-a of such law.\n  9. (a) Any owner who fails to remit to the collecting officer of the\nmunicipality any real estate taxes submitted to him by a renter shall be\nliable for a penalty equal to twenty-five percent of the tax which\nshould be remitted.\n  (b) If the owner is a corporation, all officers and directors of such\ncorporation shall be jointly and severally liable for the payment of the\npenalty described in paragraph (a) of this subdivision.\n  10. Nothing in this section shall be construed to affect, alter or in\nany way impair the rights of the municipality in which the real property\nis located to collect taxes levied against the owner of such real\nproperty for that portion of such real property devoted to\nnonresidential uses or for which the owner assumes liability under\nsubdivisions six and nine of this section.\n* NB (Effective pending ruling by Commissioner of Internal Revenue)\n
N.Y. GOB Law § 5-302 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-302
Contracts for the creation and use of digital replicas
Status: in_force

§ 5-302. 1. Contracts for the creation and use of digital replicas.\nAny provision in an agreement between an individual and any other person\nor entity for the performance of personal or professional services is\ncontrary to public policy and shall be void and unenforceable as it\nrelates to a new performance by digital replication if the provision\nmeets all of the following conditions:\n  (a) The provision allows for the creation and use of a digital replica\nof the individual's voice or likeness in place of work the individual\nwould otherwise have performed in person.\n  (b) The provision does not include a reasonably specific description\nof the intended use of the digital replica. Failure to include a\nreasonably specific description of the intended uses of a digital\nreplica shall not render the provision unenforceable when the uses are\nconsistent with the terms of the contract for the performance of\npersonal or professional services and consistent with the fundamental\ncharacter of the photography or sound track as recorded or performed.\n  (c) The individual was not:\n  (i) represented by legal counsel who negotiated on behalf of the\nindividual licensing the individual's digital replica rights and the\nlicensing terms are not stated clearly and conspicuously in an\nemployment contract that is separately signed or initialed by the\nindividual or in a separate writing that is signed by the individual; or\n  (ii) represented by a labor organization representing workers who do\nthe proposed work and the terms of their collective bargaining agreement\nexpressly address uses of digital replicas.\n  2. This section shall not affect provisions of a contract other than a\nprovision that falls under subdivision one of this section.\n  3. As used in this section, "digital replica" means a digital\nsimulation of the voice or likeness of an individual that so closely\nresembles the individual's voice or likeness that a layperson would not\nbe able to readily distinguish the digital simulation from the\nindividual's authentic voice or likeness.\n
N.Y. PBH Law § 4138-D — New York Code / Act PBH / Article 41 / Title 3 / Section 4138-D
Mutual consent voluntary adoption registry
Status: in_force

§ 4138-d. Mutual consent voluntary adoption registry. 1. A mutual\nconsent voluntary adoption registry may be established and maintained by\neach authorized agency involved in an adoption. Persons eligible to\nreceive identifying information may work through the agency involved in\nthe adoption. If that agency has merged or ceased operations, a\nsuccessor agency which has the files pertaining to adoptions in which\nthe ceased or merged agency was involved may establish and maintain a\nmutual consent voluntary adoption registry concerning those adoptions.\nAny authorized agency which establishes and maintains a mutual consent\nvoluntary adoption registry pursuant to this section shall notify the\ndepartment of the name and address of such agency, together with such\nother information the department may require.\n  2. The agency shall accept, at any time, and maintain the verified\nregistration of the birth parents of an adoptee. The agency shall accept\nand maintain the verified registration of an adoptee or of the\nbiological sibling of an adoptee if such adoptee was born in this state,\nor was born in any other state within the United States, or in the\nDistrict of Columbia, and his or her adoption occurred within this\nstate, no sooner than eighteen years after the adoptee's birth or in the\ncase of a biological sibling registrant, no sooner than the longer of\neighteen years after the birth of the adoptee or eighteen years after\nthe birth of the biological sibling; provided however, that any person\nwhose registration was accepted may withdraw such registration prior to\nthe release of any identifying information.\n  3. Upon acceptance of a registration pursuant to this section, the\nagency shall search the records of the agency to determine whether the\nagency was involved in such adoption.\n  (a) If the agency determines that the agency was not involved in such\nadoption, it shall notify the registrant that no record exists of the\nadoption and refer the registrant to the department's adoption\ninformation registry operated pursuant to section forty-one hundred\nthirty-eight-c of this title.\n  (b) If the agency determines that the agency was involved in such\nadoption, it shall transmit the registration to the adoption information\nregistry operated by the department and the agency shall release the\nnon-identifying information, as defined in section forty-one hundred\nthirty-eight-c of this title, to the adopted person.\n  4. Upon acceptance of a registration pursuant to this section, the\ndepartment shall search the records of the department to determine\nwhether the adoptee's adoption occurred within the state. The department\nshall establish an authorized agency fee schedule for search costs and\nregistry costs of an authorized agency.\n  (a) If the department determines that there is a corresponding\nregistration for the adoptee, for either of the birth parents and/or for\na biological sibling of the adoptee, it shall notify the court wherein\nthe adoption occurred and the department shall notify the agency that a\ncorresponding match has been made. The agency shall notify all such\nregistrants that a corresponding match has been made and request such\npersons' final consent to the release of identifying information.\n  (b) If the department determines that there is no corresponding\nregistration for the adoptee, for either of the birth parents and/or for\na biological sibling of the adoptee, it shall notify the agency which\nshall notify the registering person that no corresponding match has been\nmade. The agency shall not solicit or request the consent of the\nnon-registered person or persons.\n  5. Upon receipt of a final consent by the adoptee, by either of the\nbirth parents and/or by a biological sibling of the adoptee, the agency\nshall release identifying information about the consenting registrants\nto the consenting registrants. Such identifying information shall be\nlimited to the names and addresses of the consenting registrants and\nshall not include any other information contained in the adoption or\nbirth records. However, nothing in this section shall be construed to\nprevent the release of adoption records as otherwise permitted by law.\n  6. (a) Any employee of the agency who solicits or causes another to\nsolicit a registration for the purposes of this section, except as\notherwise permitted by law, shall be guilty of a misdemeanor, provided,\nhowever, that solicitation shall not include disclosure of the existence\nof the adoption information registry.\n  (b) Any person who unlawfully discloses any information in the mutual\nconsent voluntary adoption registry shall be guilty of a class A\nmisdemeanor.\n  (c) Notwithstanding any other provision, any employee of the\ndepartment who unlawfully discloses any information in the mutual\nconsent voluntary adoption registry shall be subject to dismissal for\nsuch violation.\n  7. Upon receipt of identifying information from the department\npursuant to section four thousand one hundred thirty-eight-c of this\narticle, the agency shall promptly release identifying information to\nall the registrants. Such identifying information shall be limited to\nthe names and addresses of the registrants and shall not include any\nother information contained in the adoption or birth records or other\nrecords maintained by the agency. However, nothing in this section shall\nbe construed to prevent the release of adoption records as otherwise\npermitted by law.\n  8. For purposes of this section: "authorized agency" or "agency" means\nan authorized agency as defined in paragraphs (a) and (b) of subdivision\nten of section three hundred seventy-one of the social services law.\n
N.Y. ENV Law § 13-0335 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0335
Food fish; license; prohibited acts
Status: in_force

§ 13-0335. Food fish; license; prohibited acts.\n  1. A person who is domiciled in the state may take and land food fish\nfor commercial purposes, upon obtaining a marine commercial food fishing\nlicense, except as prohibited by this chapter, from the waters of the\nmarine and coastal district and may land food fish taken from waters\noutside New York state boundaries for commercial purposes. For purposes\nof this section "commercial purposes" shall mean the taking of food fish\nby any method for subsequent sale, trade or barter or to offer for sale,\ntrade or barter and the taking of food fish when setting, maintaining,\noperating or using nets, except cast nets, not in excess of twenty feet\nin diameter, when operated by hand for the purposes of taking only\nAtlantic menhaden (Brevoortia tyrannus) and mullets (Mugil spp), for\nrecreational purposes only, seines not larger than thirty feet long or\nfour feet deep or lift nets not larger than sixteen square feet; traps,\nexcept bait traps not more than thirty inches in length; combs; pots; or\nhook and line, except by angling. The fee for such license shall be two\nhundred fifty dollars, and shall cover all persons employed by the\nlicensee while engaged in such employment of commercial fishing.\n  2. A person not domiciled in the state may take food fish, except as\nprohibited by this chapter, from the waters of the marine and coastal\ndistrict and may land food fish taken from outside New York state\nboundaries for commercial purposes upon first obtaining a commercial\nfishing license. The fee for such license shall be one thousand two\nhundred fifty dollars, and shall cover all persons employed by the\nlicensee while engaged in such employment of commercial fishing. Such\nlicenses shall be issued only to persons domiciled in states offering\nreciprocal fishing privileges to persons domiciled in New York state and\nwhich implemented the size limits and other management strategies\nrecommended in fisheries management plans or amendments thereto adopted\nby the Atlantic States Marine Fisheries Commission or the regional\nmanagement councils as provided in the Fisheries Conservation and\nManagement Act (16 USC 1800 et seq.) which have been implemented in New\nYork State. Such license shall only be issued during the month of\nJanuary of each year.\n  3. A person may land food fish, except as prohibited by this chapter\nand except blackfish or tautog (tautoga onitis), taken from waters\noutside the marine and coastal district for commercial purposes upon\nfirst obtaining a marine and coastal district food fish landing license.\nThe fee for such marine and coastal district food fish landing license\nshall be five hundred dollars and shall cover all persons employed by\nthe licensee while engaged in such employment of landing food fish.\n  4. Licenses issued under this section shall be non-transferable and\nshall expire on the last day of December of each year. Such licenses\nshall be issued annually and the department shall not limit the number\nof licenses issued. The department may, in its discretion and after an\nopportunity for a hearing, revoke any such license of any person who has\nbeen convicted of a violation of title three of this article or who\nsigns an acknowledgment of such violation for the purpose of effecting a\nsettlement by civil compromise or by stipulation. The application for\nany such license by a person under the age of sixteen shall be signed by\nhis parent or guardian who shall thereby consent to its issuance.\n  5. It shall be unlawful for any person to render food fish into\nfertilizer.\n  6. No person shall intentionally disturb or without the consent of the\nlicensee take or remove fish or crustacea from any legally set or\noperated nets or other commercial gear, or damage, take, remove or\npossess any such net or gear. Possession of any such net or gear without\nthe consent of the licensee shall be considered prima facie evidence of\na violation of this subdivision.\n  7. The holder of any license issued pursuant to this section shall\ndisplay the license and/or have the license available for inspection\naccording to such rules and regulations as the department may\npromulgate.\n  8. The provisions of sections 13-0311, 13-0329, 13-0331 and 13-0333 of\nthis title shall be applicable to lobsters, crabs, shellfish and\nmenhaden and no license therefor shall be required pursuant to this\nsection.\n  9. Notwithstanding the provisions of subdivision one of this section,\na person may, upon obtaining a marine bait permit, take marine bait fish\nand sell such fish as bait at retail only, subject to the following\nrestrictions:\n  a. Only Atlantic menhaden, silversides (Minidia spp.) and killifish\n(Fundulus spp.) may be taken and sold pursuant to this subdivision.\n  b. Bait fish to be sold pursuant to this subdivision may be taken only\nusing cast nets not larger than twenty feet in diameter, seines not\nlarger than thirty feet in length or four feet in depth, or lift nets\nnot larger than sixteen square feet or bait traps not more than thirty\ninches in length.\n  c. Marine bait permits shall be available to any person at a fee of\nfifty dollars, shall be non-transferable, and shall expire on December\nthirty-first of the year of issue and shall identify the business name\nand address of the single retail business at which the bait taken\npursuant to the permit may be sold.\n  d. The holder of a marine bait fish permit must be present and have\nthe permit in possession and available for inspection at all times when\nthe bait harvesting privileges of the permit are being exercised.\n
N.Y. VAT Law § 319 — New York Code / Act VAT / Title 3 / Article 6 / Section 319
Penalties
Status: in_force

§ 319. Penalties. 1. Any owner of a motor vehicle registered in this\nstate, or an unregistered motor vehicle, who shall operate such motor\nvehicle or permit it to be operated in this state without having in full\nforce and effect the financial security required by the provisions of\nthis chapter and any other person who shall operate in this state any\nmotor vehicle registered in this state, or an unregistered motor\nvehicle, with the knowledge that the owner thereof does not have in full\nforce and effect such proof of financial security, except a person who,\nat the time of operation of such motor vehicle, had in effect an\noperator's policy of liability insurance, as defined in section three\nhundred eighteen, with respect to his operation of such vehicle shall be\nguilty of a traffic infraction and upon conviction may be fined not less\nthan one hundred fifty dollars or more than one thousand five hundred\ndollars or may be imprisoned for not more than fifteen days or both. In\naddition to the penalties herein set forth, such person, upon\nconviction, shall also become liable for payment to the department of\nthe civil penalty provided in subdivision five of this section.\n  2. When the production of an insurance identification card is required\nby any provision of this chapter, no person shall produce an insurance\nidentification card which indicates insurance coverage which is not in\neffect. In any prosecution or proceeding alleging a violation of this\nsubdivision, it shall be an affirmative defense that the person so\ncharged did not have knowledge that the insurance indicated on such card\nwas not in effect. A violation of this subdivision shall be a\nmisdemeanor.\n  3. Every person who operates a vehicle registered in this state, or a\nvehicle required to be registered in this state, shall, when required by\nthe commissioner's regulations, produce an insurance identification card\nwhen requested by any peace officer, acting pursuant to his special\nduties, police officer or magistrate. The failure to so produce such a\ncard shall be presumptive evidence that such person was operating the\nvehicle without having in effect financial security required by the\nprovisions of this chapter.\n  4. Where the commissioner finds, other than by means of the receipt of\na certificate of conviction, that a person has violated any provision of\nsubdivision one of this section, such person shall become liable for\npayment to the department of the civil penalty provided in subdivision\nfive of this section. However, the enforcement of such civil penalty,\nand of any revocation order based upon such finding, shall be stayed at\nthe request of the person against whom such civil penalty and revocation\norder has been issued until after a hearing, provided such person was\nnot both the operator and the owner of the motor vehicle which was being\noperated without the required financial security being in effect. After\nsuch hearing, the stay of enforcement of the civil penalty and\nrevocation order shall be vacated unless it is found by a preponderance\nof the evidence that such person, (a) if he was the operator and not the\nowner of the motor vehicle, had no knowledge that the financial security\nrequired for such motor vehicle was not in effect; or (b) if he was the\nowner and not the operator of the motor vehicle, that he did not permit,\neither expressly or impliedly, the operation of such motor vehicle.\n  5. The civil penalty for a violation of subdivision one of this\nsection shall be seven hundred fifty dollars.\n
N.Y. PBA Law § 1054 — New York Code / Act PBA / Article 5 / Title 3 / Section 1054
Powers of the authority
Status: in_force

§ 1054. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, in the name of the authority, lease, hold and dispose\nof personal property or any interest therein for its corporate purposes,\nincluding the power to purchase prospective or tentative awards in\nconnection with the exercise of the power of condemnation hereinafter\ngranted;\n  4. To purchase, in the name of the authority, any water supply system,\nwater distribution system, including plants, works, instrumentalities or\nparts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property, real, personal or\nmixed, incidental to and included in such system or part thereof, and\nany improvements, extensions, and betterments, situated within the\ncounty of Erie, provided however that the authority shall have the power\nto purchase any source of supply, or water supply system or any part\nthereof situated without the county of Erie; and in connection with the\npurchase of such properties the authority may assume any obligations of\nthe owner of such properties and, to the extent required by the terms of\nany indentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform convenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, and in the case of a sale or other transfer of\nproperties of a public utility corporation pursuant to this provision,\nit shall be lawful to dissolve such corporation;\n  5. To condemn, in the name of the authority, any water supply system,\nwater distribution system, including plants, works, instrumentalities,\nor parts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property, real, personal or\nmixed, incidental to and included in any such source of supply or any\nsuch system or parts thereof, and any improvements, extensions and\nbetterments, situated within the county of Erie, and to condemn any\nnecessary source of supply or water supply system, or any parts thereof,\nsituated without the county of Erie. The authority shall exercise the\npower of condemnation hereby granted in the manner provided in the\ncondemnation law or in the manner provided by law for the condemnation\nof land by the county of Erie. Upon the taking of the constitutional\noath of office by the commissioners of appraisal and the filing of such\noaths, title to the properties described in the condemnation proceedings\nshall become and be vested in the authority as hereinafter provided in\nthis title and such authority shall be entitled to enter into possession\nof the property condemned and to operate the same for its corporate\npurposes. Upon the vesting of title in the authority, any person\nentitled to a final award shall have and retain a lien upon such\nproperty to secure the payment of such compensation with interest, as\nshall be directed to be paid by the final order in the condemnation\nproceeding. The lien shall be discharged and satisfied by payment of the\ncompensation, with interest directed to be paid by the final order, less\nany sums, with interest paid in advance of the determination of the\nfinal award in condemnation as hereinafter provided. In the exercise of\nsuch power of condemnation, the property being condemned shall be\ndeemed, when so determined by the authority, to be for a public use\nsuperior to the public use in the hands of any other person,\nassociation, or corporation, provided, however, that the authority shall\nhave no power to condemn property the legal title to which is vested in\na municipal corporation or political subdivision of the state unless\nsuch municipal corporation or political subdivision shall consent\nthereto;\n  6. To construct and develop any water supply system, water\ndistribution system, including plants, works, instrumentalities, or\nparts thereof, and appurtenances thereto, dams, reservoirs, water mains,\npipe lines, pumping stations and equipment, or any other property\nincidental to or included in such system or part thereof, and to\nacquire, by condemnation in the manner provided by this title, or by\npurchase, lands, easements, rights in land, and water rights and\nrights-of-way in connection therewith; and to own and operate, maintain,\nrepair, improve, reconstruct, enlarge and extend, subject to the\nprovisions of this title, any of its properties acquired hereunder, all\nof which, together with the acquisition of such properties are hereby\ndeclared to be public purposes;\n  6-a. To do all things necessary to construct and maintain water\ntransmission and distribution mains and appurtenances thereto to provide\nwholesale or retail supplies of water to the town of Hanover, village of\nSilver Creek, and the Seneca Nation of Indians, Cattaraugus reservation\nupon the adoption of a resolution of the governing body of any such\nmunicipality or Indian tribe requesting that the authority sell water to\ntheir municipality or tribe and the adoption of a consenting resolution\nby the governing body of the water utility serving such municipality or\ntribe should such a water utility then exist;\n  7. To sell, lease, convey, or otherwise dispose of any distribution\nsystem or improvements thereto which the authority may acquire or\nconstruct to any municipal corporation or town water district or to the\ncounty;\n  8. To produce, develop, distribute and sell water, water services,\nfacilities and commodities within or without the territorial limits of\nthe district; and to purchase water from any municipal corporation, town\nwater district, person, association or corporation; provided, however,\nthat water may be sold at retail to individual consumers only within the\ncounty of Erie and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water in any area\nwhich is served by a water system owned or operated by a municipality or\nspecial improvement district unless the governing board of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water in such served area;\n  9. To acquire, hold, use, lease, mortgage, sell, transfer and dispose\nof any property, real, personal or mixed, or interest therein, for its\ncorporate purposes;\n  10. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rents and charges therefor. Such rules may provide\nfor the discontinuance or disconnection of the supply of water for non\npayment of water rents, rates or charges. The authority shall not\ndiscontinue or disconnect the supply of water except in the manner and\nupon such notice as is required of a water-works corporation pursuant to\nsubdivision three-a of section eighty-nine-b of the public service law.\nA copy of such rules and by-laws, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the clerk of the county and thereafter published once in two\nnewspapers having a general circulation in the county. Violation of such\nrules shall be a misdemeanor punishable by fine, not exceeding fifty\ndollars, or by imprisonment for not longer than thirty days, or both.\nExclusive jurisdiction is hereby conferred upon the local criminal\ncourts of the county, outside the city of Buffalo, which have trial\njurisdiction, to hear and determine, subject to the provisions of the\ncriminal procedure law, any violation of this title;\n  11. With the consent of the county to use the officers, employees,\nfacilities and equipment of the county, paying a proper portion of the\ncompensation or cost;\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  13. To enter on any lands, waterways and premises for the purpose of\nmaking surveys, soundings and examinations;\n  14. To borrow money and to issue negotiable bonds, notes or other\nobligations and to fund or refund the same, and to provide for the\nrights of the holders of its obligations;\n  15. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds of the\nauthority together with the maintenance of proper reserves therefor, in\naddition to paying as the same shall become due the expense of operating\nand maintaining the properties of the authority together with proper\nreserves for depreciation, maintenance, and contingencies and all other\nobligations and indebtedness of the authority;\n  16. To enter into cooperative agreements with other water authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district for the inter-connection of\nfacilities, the exchange or interchange of services and commodities or\nfor any other lawful purposes necessary or desirable to effect the\npurposes of this title;\n  17. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the county, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  19. To facilitate the determination of the economic practicability of\nany step contemplated by the authority or of any other fact or matter\nwhich the authority is now or may hereafter be authorized and empowered\nto decide or determine the authority may and in the case of any project\ninvolving an expenditure in excess of five hundred thousand dollars must\nconduct investigations, inquiries or hearings at such place or places as\nit shall appoint. Such investigations, inquiries or hearings may be held\nby or before one or more of any officers of the authority or by or\nbefore any person or persons appointed as its representative, and when\nratified, approved or confirmed by the authority its action shall be and\nbe determined to be the investigation, inquiry or hearing of the\nauthority.\n  For the purpose of any such investigation, inquiry or hearing and for\nthe purpose of such other action or powers as the authority may be\nauthorized or empowered to take or exercise, it shall have jurisdiction\nof any and all persons, associations or corporations residing in or\nacting under and by virtue of the laws of or owning property within the\nstate of New York and shall have the power to compel the attendance of\nwitnesses and the production of any papers, books or other documents,\nand to administer oaths to all witnesses who may be called before it.\n  20. Upon the adoption of a resolution by the authority that it intends\nto acquire or to commence negotiations for the purpose of acquiring the\nproperty or any part thereof, of a public utility corporation, said\npublic utility corporation shall give to the authority and its\nauthorized representatives access to its books, records and accounts, or\nsuch portion thereof, as are descriptive of the property proposed to be\nacquired.\n  21. At any time after the entry of a judgment as provided in the\ncondemnation law, the authority may make application to the court for an\norder directing that title to the property described in the proceeding\nshall vest in the authority in advance of the determination and payment\nof the final award in condemnation. Upon such application the court\nshall hear the proofs of the parties to the proceeding respecting the\nreadiness and ability of the authority to pay to the person entitled\nsuch compensation with interest as the final order in the proceeding may\ndirect to be paid. If the court shall be satisfied that the authority\nwill be ready and able to pay said compensation with interest when\nascertained, and that the person entitled thereto by such proofs and the\nprovisions of this title, is reasonably assured of such payment, the\ncourt shall make an order vesting title to the property described in the\nauthority, upon the taking and filing of the oath of office by the\ncommissioners of appraisal, or at any stage of the proceeding\nthereafter.\n  Upon the entry of said order with proof of service upon the parties to\nthe proceeding, the authority shall be entitled to enter into possession\nof the property and to operate the same for its corporate purposes. Such\norder shall be enforced to obtain delivery of possession of the property\nin the manner provided for in section seventeen of the condemnation law.\n  22. Upon the vesting of title in the authority of the property\ndescribed in a condemnation proceeding, or at any time thereafter the\nauthority on notice to the parties to the proceeding may pay to any\nparty or person entitled to an award for the property acquired, in\nadvance of the determination of the final award, a sum of money to be\ndetermined by the authority. Such payment shall be made to the parties\nas their interests shall be determined by the court.\n  If the authority shall decide to make a partial payment in advance to\nany party or person entitled to an award, the interest on any sum so\ndecided to be paid in advance shall cease to run on and after a date\nfive days after such party or person shall have been notified by mail or\notherwise that the authority is ready to pay the same.\n  When any such payment in advance shall have been made, the authority\nupon paying the final award for the property acquired, shall deduct from\nthe total amount allowed as compensation, any sum advanced plus interest\nthereon from the date of the payment of such advance to the date of the\nfinal award in the proceeding.\n  23. To enter into a contract or contracts with the board of\nsupervisors of Erie county for the acquisition, construction and\ndevelopment of a water supply and distribution system, or any part or\nparts thereof, on behalf of a county water district, and to contract for\nthe operation and management of such county water district, all as\nprovided in article five-a of the county law and article five-b of the\ngeneral municipal law. Such water authority shall be deemed the agent of\nErie county under any such contract. If such contract shall authorize\nthe water authority to purchase supplies or equipment or to construct\npublic works, such authority shall be subject to all provisions of law\nto which Erie county would be subject in relation to advertising and\nawarding any such contracts for supplies, equipment or public works.\n
N.Y. RPT Law § 925-A — New York Code / Act RPT / Article 9 / Title 3 / Section 925-A
Extension of time for collection
Status: in_force

§ 925-a. Extension of time for collection. 1. Notwithstanding any\ncontrary provision of this chapter, or of any general, special or local\nlaw, code or charter, if the final date for collection of taxes, or for\nthe collection of taxes without penalty, or for the collection of taxes\nat a lesser prescribed penalty interest rate shall fall on a Saturday,\nSunday or public holiday, an extension for the collection of taxes shall\nautomatically be in effect until the first business day following such\ndate and the date for paying over taxes shall be extended to the\nfollowing day.\n  2. Notwithstanding any provision of law to the contrary, during a\nstate disaster emergency as defined by section twenty of the executive\nlaw, the governor may, by executive order issued upon the request of the\nchief executive officer of a county, city, town, village or school\ndistrict in the affected area, extend by up to twenty-one days the final\ndate for paying taxes without interest or penalty in such county, city,\ntown, village or school district. If such an extension is granted, and\nany taxes are not paid by the final date so provided, those taxes shall\nbe subject to the same interest and penalties that would have applied if\nno extension had been granted.\n
N.Y. ENV Law § 72-0302 — New York Code / Act ENV / Article 72 / Title 3 / Section 72-0302
State air quality control fees
Status: in_force

§ 72-0302. State air quality control fees.\n  1. All persons, except those required to pay a fee under section\n72-0303 of this title, who are required to obtain a permit, registration\nor approval pursuant to the state air quality control program and the\nrules and regulations adopted by the department hereunder shall submit\nto the department a per emission point fee in an amount established as\nfollows:\n  a. $11,000.00 for a stationary combustion installation having a\nmaximum operating heat input equal to or greater than fifty million\nBritish thermal units per hour as stated on the most recent application\nfor a permit or registration to operate and which emits or has the\npotential to emit equal to or greater than any one of the following:\n  (i) one hundred tons per year of oxides of nitrogen, or if located in\na severe ozone nonattainment area, twenty-five tons per year; or\n  (ii) one hundred tons per year of sulfur dioxide; or\n  (iii) one hundred tons per year of particulates.\n  b. $2,000.00 for all stationary combustion installations which are not\nincluded under paragraph a of this subdivision and which have a maximum\noperating heat input greater than fifty million British thermal units\nper hour as stated on the most recent application for a permit or\nregistration to operate.\n  c. $100.00 for a stationary combustion installation having a maximum\noperating heat input less than fifty million British thermal units per\nhour as stated on the most recent application for a permit or\nregistration to operate.\n  d. $2,000.00 for a process air contamination source for an annual\nemission rate equal to or greater than twenty-five tons per year of any\none of the following: sulfur dioxide, nitrogen dioxide, total\nparticulates, carbon monoxide, total volatile organic compounds and\nother specific air contaminants. The annual emission rate shall be the\nactual annual emission rate as stated on the most recent application for\na permit or registration to operate. In the event that hours of\noperation have not been specified on the application then maximum\npossible hours of operation (8760 hours) will be used to calculate\nactual annual emissions.\n  e. $160.00 for a process air contamination source, except a gasoline\ndispensing site, for an annual emission rate less than twenty-five tons\nper year of any one of the following: sulfur dioxide, nitrogen dioxide,\ntotal particulates, carbon monoxide, total volatile organic compounds\nand other specific air contaminants. The annual emission rate shall be\nthe actual annual emission rate as applied for on the most recent\napplication for a permit or registration to operate. In the event that\nhours of operation have not been specified on the application then\nmaximum possible hours of operation (8760 hours) will be used to\ncalculate actual annual emissions.\n  f. $2,000.00 for an incinerator capable of charging two thousand\npounds of refuse per hour or greater. The charging capacity will be\nestablished in accordance with the application for the most recent\npermit or registration to operate the incinerator source and will be\ncalculated on an emission point basis.\n  g. $160.00 for an incinerator with a maximum design charge rate of\nless than two thousand pounds of refuse per hour. The charging capacity\nwill be established in accordance with the application for the most\nrecent permit or registration to operate the incinerator source and will\nbe calculated on an emission point basis.\n  Provided, however, that where a city or county is delegated the\nauthority to administer the state air quality control program, or any\nportion thereof, pursuant to paragraph p of subdivision two of section\n3-0301 of this chapter and such city or county collects a fee in\nconnection with the issuance of a permit, registration or approval\npursuant to the state air quality control program, no additional\nliability for fees under this section shall accrue for the particular\ncombustion installation, incinerator or process air contamination source\nthat is subject to the delegation.\n
N.Y. ENV Law § 56-0309 — New York Code / Act ENV / Article 56 / Title 3 / Section 56-0309
Park, historic preservation and heritage area projects
Status: in_force

§ 56-0309.  Park, historic preservation and heritage area projects.\n  1. For purposes of this section "commissioner" means the commissioner\nof the office of parks, recreation and historic preservation.\n  2. Park projects and historic preservation projects may be undertaken\nby the office pursuant to the provisions of this article and other\napplicable provisions of law pursuant to the approval of the\ncommissioner.\n  3. All historic preservation projects,  park projects and heritage\narea projects shall be undertaken in the state of New York. Except for\nprojects undertaken by the state, the total amount of the state\nassistance payments toward the cost of any such project shall not exceed\nfifty percent of the cost. For the purpose of determining the amount of\nthe state assistance payments, the cost of the project shall not be more\nthan the amount set forth in the application for state assistance\npayments approved by the commissioner.  Park and heritage area projects\nshall develop, expand, or enhance public access to water bodies, promote\nwater based recreation, or enhance the natural, cultural, or historic\naspects of water bodies.\n  4. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of an historic preservation project.\nSuch historic preservation projects shall be recommended to the\ncommissioner by the governing body of the municipality and, when\napproved by the commissioner, may be undertaken by the municipality\npursuant to this title and any other applicable provision of law.\n  5. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of an\nhistoric preservation project.  Such a historic preservation project\nshall be recommended to the commissioner by the governing body of a\nnot-for-profit corporation which demonstrates to the satisfaction of the\ncommissioner that it is capable of operating and maintaining such\nproperty for the benefit of the public.  Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law.\n  6. The commissioner and a municipality may enter into a contract for\nthe undertaking by the municipality of a park project.  Such  park\nprojects shall be recommended to the commissioner by the governing body\nof the municipality, and when approved by the commissioner, may be\nundertaken by the municipality pursuant to this title and any other\napplicable provisions of law.  The office shall also assess existing\nparks and recreational opportunities in the municipalities where the\npark project is located and shall give preference to projects which are\nin or primarily serve areas where demographic and other relevant data\nfor such areas demonstrate that the areas are densely populated and have\nsustained physical deterioration, decay, neglect or disinvestment, or\nwhere a substantial proportion of the residential population is of low\nincome or is otherwise disadvantaged and is underserved with respect to\nthe existing recreational opportunities in the area.\n  7. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a park\nproject on behalf of a municipality. Such a contract shall be contingent\nupon the approval of the governing body of each municipality in which\nthe project is located.  Such a project shall be recommended to the\ncommissioner by the governing body of a not-for-profit corporation which\ndemonstrates to the satisfaction of the commissioner that it is capable\nof operating and maintaining such project for the benefit of the public.\nUpon approval by the commissioner, such project may be undertaken\npursuant to the provisions of this title and any other applicable\nprovision of law.  The office shall assess existing parks and\nrecreational opportunities in the municipalities where the park project\nis located and shall give preference to projects which are in or\nprimarily serve areas where demographic and other relevant data for such\nareas demonstrate that the areas are densely populated and have\nsustained physical deterioration, decay, neglect or disinvestment, or\nwhere a substantial proportion of the residential population is of low\nincome or is otherwise disadvantaged and is underserved with respect to\nthe existing recreational opportunities in the area.\n  8. The commissioner and a municipality, public benefit corporation or\nnot-for-profit corporation may enter into a contract, subject to the\napproval of the director of the budget, for the undertaking by or\nthrough the municipality, public benefit corporation or not-for-profit\ncorporation of a heritage area project including parkwide and district\nprojects identified in a management plan prepared pursuant to section\n35.05 of the parks, recreation and historic preservation law.  Such\nprojects shall be subject to an agreement by the  heritage area\nmanagement entity to operate or cause to be operated any public facility\nresulting from such project.\n  9. A municipality which acquires, develops, improves, restores or\nrehabilitates property with funds made available pursuant to this title\nmay establish reasonable rules and regulations by local law or otherwise\nto assure the proper administration and development thereof, provided\nthat no such rule or regulation which restricts the use of such lands or\nfacilities by non-residents of the municipality shall be effective\nwithout the approval of the commissioner.\n  10. The commissioner shall impose such contractual requirements and\nconditions upon any municipality and any not-for-profit corporation\nwhich receive state assistance payments pursuant to this title as may be\nnecessary and appropriate to ensure that a public benefit shall accrue\nfrom the use of public funds by such municipality or not-for-profit\ncorporation.  Such conditions shall include limitations on the right of\nthe municipality or not-for-profit corporation to demolish or convey\nsuch property, provisions for public access or use where appropriate,\nthe granting of facade easements to the state, a requirement that all\nplans for restoration, rehabilitation, improvement, demolition or other\nphysical change must be subject to the commissioner's approval, and such\nother conditions which shall assure the preservation and protection of\nthe project.\n  11. Any not-for-profit corporation which receives state assistance\npayments pursuant to this section for the acquisition of land for\noutdoor recreation or conservation purposes shall execute a contract\nwith the commissioner which shall include the following:\n  (a) An agreement to make and keep the lands accessible to the public\nunless the not-for-profit corporation can demonstrate to the\ncommissioner's satisfaction that public accessibility would be\ndetrimental to the lands or any natural resources associated therewith;\n  (b) An agreement not to sell, lease, exchange or donate the lands\nexcept to the state, a local government unit or another qualifying tax\nexempt non-profit organization for recreation and conservation purposes\nconsistent with this title and approved by the commissioner; and\n  (c) An agreement to execute and convey to the state at no charge a\nconservation easement, pursuant to title three of article forty-nine of\nthis chapter, over the lands to be acquired with state assistance\npayments.\n  12. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality for park projects undertaken\npursuant to this section with funds made available pursuant to this\nsection shall not be sold, leased, exchanged, donated or otherwise\ndisposed of or used for other than public park purposes without the\nexpress authority of an act of the legislature, which shall provide for\nthe substitution of other lands of equal environmental value and fair\nmarket value and reasonably equivalent usefulness and location to those\nto be discontinued, sold or disposed of, and such other requirements as\nshall be approved by the commissioner.\n  13. Real property acquired by a not-for-profit organization with funds\nmade available pursuant to  this section for park projects undertaken\npursuant to this section shall not be used in violation of an agreement\nentered into pursuant to this section, or sold, leased, exchanged,\ndonated or otherwise disposed of without the express authority of an act\nof the legislature.\n  14. The commissioner shall adopt, prior to the acceptance of\napplications for park, historic preservation and heritage area projects,\nrules and regulations which shall include eligibility requirements,\napplication procedures, office ranking and review processes, project\napproval guidelines and criteria, and funding distribution necessary for\nall state assistance payment programs established pursuant to this\ntitle.\n  15. Notwithstanding any other provision of law, no state assistance\npayment under this article may be applied, with respect to any project\nlocated within the area of New York county bounded by (a) the northern\nboundary of Fifty-ninth street and Fifty-ninth street extended; (b) the\nUnited States pierhead line; (c) the northern boundary of the area known\nas Battery Park City; and (d) eight hundred feet inland easterly from\nthe United States bulkhead line:\n  (i) for, other than for recreational use or access inland of the\nexisting bulkhead line, any roads, bridges, ramps or parking facilities\nor sewers or water mains;\n  (ii) for any site improvement, including sewers, or water mains, to\nsupport residential, industrial or commercial development;\n  (iii) to excavate, place fill or plantings in, or place any piling,\nplatform or structure, including a floating structure, in the Hudson\nriver; or\n  (iv) to plan, evaluate or study any project involving such excavation\nor placement as described in subparagraph (iii) of this paragraph; and\nprovided further that no contract, or subcontract, with a public benefit\ncorporation, public authority, or any other person or entity, or\nmunicipality other than the city of New York shall be entered into for\nany state assistance payments under this article with respect to any\nproject, or portion thereof, located in the area described in this\nsubdivision without the affirmative approval of the community board or\nboards wherein the project, or portion thereof, will be located.\n  16. Notwithstanding the provisions of this section, moneys received\nfrom the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of\n1996, and available for disbursements for projects developed pursuant to\nthis section, shall also be available for state assistance payments to\nmunicipalities and not-for-profit corporations for the capital cost of\nprojects described in subdivision nine of section 44-0119 of this\nchapter and subject to the review delineated in subdivision ten of\nsection 44-0119 of this chapter. Such monies shall be subject to\nappropriation.\n
N.Y. RPT Law § 554 — New York Code / Act RPT / Article 5 / Title 3 / Section 554
Correction of errors on tax rolls
Status: in_force

§ 554. Correction of errors on tax rolls. 1. The appropriate tax\nlevying body may correct a clerical error, an unlawful entry, or an\nerror in essential fact other than an error in essential fact as defined\nin paragraph (d) of subdivision three of section five hundred fifty of\nthis title in accordance with the provisions of this section.\n  2. Whenever it appears to an owner of real property, or any person who\nwould be entitled to file a complaint pursuant to section five hundred\ntwenty-four of this chapter, that a clerical error, an unlawful entry or\nerror in essential fact described in subdivision one of this section is\npresent on the tax roll in regard to his real property, such owner or\nother person, may, at any time prior to the expiration of the warrant,\nfile an application in duplicate with the county director of real\nproperty tax services for the correction of such error.\n  3. The application for correction of a clerical error, an unlawful\nentry or error in essential fact pursuant to this section shall be on a\nform and shall contain such information as prescribed by the\ncommissioner, including any available proof that such error occurred,\nand shall be available in the offices of all collecting officers and in\nthe office of the county director. For an error in essential fact, the\napplication for correction shall include a copy of the property record\ncard, field book, or other final work product upon which the incorrect\nassessment was based and a copy of any existing municipal record which\nsubstantiates the occurrence of the error. For an unlawful entry as\ndefined in paragraph (a) of subdivision seven of section five hundred\nfifty of this title, the application for correction shall include a\nstatement by the assessor or by a majority of a board of assessors\nsubstantiating that the assessor or assessors have obtained proof that\nthe parcel which is the subject of the application should have been\ngranted tax exempt status; the failure to include such statement shall\nrender the application null and void and shall bar the tax levying body\nfrom ordering correction of the tax roll pursuant to this section.\n  4. (a) The county director, within ten days of the receipt of an\napplication filed pursuant to this section, shall investigate the\ncircumstances of the claimed clerical error, unlawful entry or error in\nessential fact to determine whether the error exists, and on such\ninvestigation he may require and shall receive from any officer,\nemployee, department, board, bureau, office or other instrumentality of\nthe appropriate municipal corporation such facilities, assistance and\ndata as will enable him to properly consummate his studies and\ninvestigations hereunder.\n  (b) Upon completion of such investigation the county director shall\nimmediately transmit a written report of such investigation and his or\nher recommendation for action thereon, together with both copies of the\napplication, to the tax levying body. If the same alleged error also\nappears on a current assessment roll, the county director shall also\nfile a copy of such report and recommendation with the appropriate\nassessor and board of assessment review who shall consider the same to\nbe the equivalent of a petition for correction filed with such board\npursuant to section five hundred fifty-three of this title.\n  5. The tax levying body, at a regular or special meeting, upon the\npresentation of an application filed pursuant to this section and the\nwritten report described by subdivision four of this section, shall:\n  (a) examine the application and report to determine whether the\nclaimed clerical error, unlawful entry or error in essential fact\nexists;\n  (b) reject an application where it is determined that the claimed\nclerical error, unlawful entry or error in essential fact does not exist\nby making a notation on the application and the copy thereof that the\napplication is rejected and the reasons for the rejection;\n  (c) approve an application where it is determined that the claimed\nclerical error, unlawful entry or error in essential fact does exist by\nmaking a notation on the application and the copy thereof that the\napplication is approved and by entering thereon the correct extension of\ntaxes;\n  (d) make an order setting forth the corrected taxes and directing the\nofficer having jurisdiction of the tax roll to correct such roll;\n  (e) transmit immediately to the officer having jurisdiction of the tax\nroll the order and all applications that have been approved;\n  (f) mail an application that has been rejected to the applicant;\n  (g) mail a notice of approval of an application that has been approved\nto the applicant;\n  (h) file with the records of the tax levying body the copies of all\napplications.\n  6. The officer having jurisdiction of the tax roll, upon receipt of\nthe order described in subdivision five of this section, shall\nimmediately correct the tax roll as directed by the order and shall\ncollect the corrected taxes as determined by the tax levying body. The\norder and approved applications shall be annexed to the tax roll and\nwarrant, or filed therewith in accordance with section fifteen hundred\neighty-four of this chapter, by the officer having jurisdiction of the\nroll and shall become a part thereof.\n  7. (a) An applicant who files his application with the county director\nwithin the period when taxes may be paid without interest, may, if his\napplication is approved, pay the corrected tax as determined by the tax\nlevying body without interest if payment is made within eight days of\nthe date on which the notice of approval is mailed pursuant to paragraph\n(g) of subdivision five of this section.\n  (b) An applicant other than one described in paragraph (a) of this\nsubdivision shall pay interest as prescribed by law on the corrected\ntax; provided, however, that no additional interest shall be imposed if\nthe corrected amount of the tax is paid within eight days of the date on\nwhich the notice of approval is mailed pursuant to paragraph (g) of\nsubdivision five of this section, unless such eight day period would end\nafter the expiration of the warrant, in which case the period for paying\nthe corrected tax without additional interest shall end upon the\nexpiration of the warrant.\n  8. The powers and duties imposed by this section upon the county\ndirector of real property tax services shall be performed by such\nofficer for tax levies for county, city, town, special district and\nschool district purposes except that (a) in the case of counties having\nthe power to assess real property for tax purposes such powers and\nduties shall be performed by the chief assessing officer or the chairman\nof the county board of assessors and, (b) in the case of villages, for\nvillage tax purposes, such powers and duties shall be performed by the\nvillage assessor or the chairman of the village board of assessors;\nprovided, however, that if the village has enacted a local law as\nprovided in subdivision three of section fourteen hundred two of this\nchapter, the county director shall perform the powers and duties imposed\nupon such officer by this section on behalf of such village.\n  9. (a) A tax levying body may, by resolution, delegate to an official\nwho is empowered to authorize payment of bills without prior audit by\nsuch body or, in the event there is no official so empowered, to an\nofficial responsible for the payment of bills upon audit of the\nappropriate municipal corporation so designated by it, the authority to\nperform the duties of such tax levying body, as provided in this\nsection. Such resolution shall only be in effect during the calendar\nyear in which it is adopted and shall designate that such delegation of\nauthority is applicable only where the recommended correction is\ntwenty-five hundred dollars or less, or such other sum not to exceed\ntwenty-five hundred dollars.\n  (b) Where such resolution is adopted and the recommended correction\ndoes not exceed the amount specified in the designating resolution, the\ncounty director shall transmit the written report of the investigation\nand recommendation, together with both copies of the application, to the\nofficial designated by the tax levying body. Upon receipt of the written\nreport, the designated official shall follow the procedure which the tax\nlevying body would follow in making corrections, provided, however,\nwhere the designated official denies the correction, in whole or in\npart, such official shall transmit to the tax levying body for its\nreview and disposition pursuant to subdivision five of this section the\nwritten report of the investigation and recommendation of the county\ndirector, together with both copies of the application and the reasons\nthat the designated official denied the correction. Where the\nrecommendation of the county director is to deny the application or the\ncorrection requested is an amount in excess of the amount authorized in\nthe enabling resolution, the county director shall transmit the written\nreport of the investigation and recommendation, together with both\ncopies of the application, to the tax levying body.\n  (c) On or before the fifteenth day of each month, the designated\nofficial shall submit a report to the tax levying body of the\ncorrections processed by such official during the preceding month. Such\nreport shall indicate the name of each recipient, the location of the\nproperty and the amount of the correction.\n
N.Y. LAB Law § 530 — New York Code / Act LAB / Article 18 / Title 3 / Section 530
Industrial commissioner's powers
Status: in_force

§ 530. Industrial commissioner's powers. 1. General powers.  The\ncommissioner shall administer this article and for such purpose he shall\nhave power to make all rules and regulations and, subject to the\nregulations of the civil service, to appoint such officers and employees\nas may be necessary in the administration of this article.\n  2. Powers and duties in respect to the national employment service.\nThe state of New York accepts the provisions of an act of the congress\nof the United States effective June sixth, nineteen hundred\nthirty-three, entitled "An act to provide for the establishment of a\nnational employment system and for cooperation with the states in the\npromotion of such system, and for other purposes." Such act is in this\narticle otherwise referred to as "Wagner-Peyser Act".\n  The commissioner is hereby designated as the agent of the state as\nrequired by such act of congress and as such agent is hereby authorized,\nempowered and directed to cooperate with the United States employment\nservice under and pursuant to the terms, conditions, provisions and\nrequirements of such act and he shall have and exercise all powers\nnecessary therefor. The commissioner is hereby further authorized,\nempowered and directed to take such steps and to formulate such plans\nand to execute such projects as may be necessary or appropriate to\nobtain for and on behalf of the state the full benefits, advantages and\nprivileges derivable under and pursuant to such act of congress.\n  3. Acceptance of moneys. The commissioner is authorized to accept\nmoneys to be used in carrying out any of the purposes of this article.\n  4. Claims for damages to personal property. The commissioner is\nauthorized to approve, for payment out of the unemployment\nadministration fund, notwithstanding any inconsistent provision of the\ncourt of claims act, any claim for damage to personal property made by\nan employee of the department whose salary is paid out of that fund\nresulting from the deliberate act of any claimant for benefits,\napplicant for placement, employer, or other person acting on behalf of a\nclaimant, applicant, or employer arising out of official business of the\ndepartment. Payment of such claim shall be limited to the sum of one\nhundred fifty dollars and shall be subject to the prior approval of the\ncomptroller and the attorney general.\n
N.Y. RPT Law § 495 — New York Code / Act RPT / Article 4 / Title 3 / Section 495
Exemption reports
Status: in_force

§ 495. Exemption reports. 1. Whenever a county, city, town, village or\nschool district is required to prepare an annual budget, the official\nrequired to prepare a tentative or preliminary version of that budget\nshall annex thereto an exemption report. This report shall be on a form\nprescribed by the commissioner and shall show how much of the total\nassessed value on the final assessment roll or rolls used in that\nbudgetary process is exempt from taxation. This report shall list every\ntype of exemption granted, identified by statutory authority, and shall\nshow (a) the cumulative impact of each type of exemption expressed\neither as a dollar amount of assessed value or as a percentage of the\ntotal assessed value on the roll, (b) the cumulative amount expected to\nbe received from recipients of each type of exemption as payments in\nlieu of taxes or other payments for municipal services, and (c) the\ncumulative impact of all exemptions granted. Exemptions that result in\nan impact of less than one percent may be aggregated as a single entry.\nIn no case shall an individual exemption recipient be named in the\nreport.\n  2. Notice of this report shall be included in any notice of the\npreparation of the budget otherwise required by law. The report shall be\nposted on any bulletin board maintained by the budgeting authority for\npublic notices and on any website maintained by the budgeting authority.\nThis report shall be annexed to any tentative or preliminary budget and\nshall become part of the final budget.\n
N.Y. VAT Law § 392-B — New York Code / Act VAT / Title 3 / Article 12 / Section 392-B
Powers of motor vehicle investigators
Status: in_force

§ 392-b. Powers of motor vehicle investigators. Investigators of the\ndepartment of motor vehicles during the course of and actual performance\nof their official duties shall have all the powers of peace officers, as\nset forth in section 2.20 of the criminal procedure law.\n
N.Y. ENV Law § 19-0331 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0331
Moratorium on air permit issuance and renewal
Status: in_force

§ 19-0331. Moratorium on air permit issuance and renewal.\n  1. For the period commencing on the effective date of this section and\nending two years after such date, the department, after consultation\nwith the department of public service, shall not approve a new\napplication for or issue a new permit pursuant to this article, or\narticle seventy of this chapter, for an electric generating facility\nthat utilizes a carbon-based fuel and that provides, in whole or in\npart, behind-the-meter electric energy consumed or utilized by\ncryptocurrency mining operations that use proof-of-work authentication\nmethods to validate blockchain transactions.\n  2. For the period commencing on the effective date of this section and\nending two years after such date, the department shall not approve an\napplication to renew an existing permit or issue a renewal permit\npursuant to this article for an electric generating facility that\nutilizes a carbon-based fuel and that provides, in whole or in part,\nbehind-the-meter electric energy consumed or utilized by a\ncryptocurrency mining operation that uses proof-of-work authentication\nmethods to validate blockchain transactions if the renewal application\nseeks to increase or will allow or result in an increase in the amount\nof electric energy consumed or utilized by a cryptocurrency mining\noperation that uses proof-of-work authentication methods to validate\nblockchain transactions.\n
N.Y. ENV Law § 21-0311 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0311
Financial examination; recommendations
Status: in_force

§ 21-0311. Financial examination; recommendations.\n  1. The commission shall keep accurate accounts of all receipts and\ndisbursements and shall report to the Governor and the legislature of\nthe state of New York, on or before the tenth day of January in each\nyear, setting forth in detail the transactions conducted by it during\nthe preceding calendar year and shall make recommendations for any\nlegislative action deemed by it advisable including amendments to the\nstatutes of the state of New York which may be necessary to carry out\nthe intent and purposes of the compact between the signatory states.\n  The Comptroller of the state of New York is hereby authorized and\nempowered from time to time to examine the accounts and books of the\ncommission including its receipts, disbursements and such other items\nreferring to its financial standing as such Comptroller may deem proper\nand to report the results of such examination to the Governor of such\nstate.\n
N.Y. PBA Law § 2856 — New York Code / Act PBA / Article 9 / Title 3-A / Section 2856
Consideration of public authority debt
Status: in_force

§ 2856. Consideration of public authority debt. On or before a date\nfixed by the authorities budget office, every authority not subject to a\nstatutory limit on bonds, notes, or other debt obligations it may issue,\nshall submit to the authorities budget office a statement of intent to\nguide the authority's issuance and overall amount of bonds, notes, or\nother debt obligations it may issue.\n
N.Y. ENV Law § 27-0307 — New York Code / Act ENV / Article 27 / Title 3 / Section 27-0307
Waste transporter permit revocation notifications
Status: in_force

§ 27-0307. Waste transporter permit revocation notifications.\n  After the issuance of an order of suspension or revocation of the\npermit of a waste transporter, the department shall publish notice of\nsuch suspension or revocation in a newspaper or newspapers having a\ngeneral circulation in the area or areas served by the permittee and in\nthe environmental notice bulletin published by the department. Such\nnotice shall include a statement that the permittee is no longer\nlicensed or permitted to handle such waste. The department shall publish\nsuch notice once each week for two consecutive weeks with the first\npublication to be completed on or before the fifteenth day following\nsuch revocation or suspension.\n
N.Y. VAT Law § 383 — New York Code / Act VAT / Title 3 / Article 9 / Section 383
Safety belts and anchorage assemblies
Status: in_force

§ 383. Safety belts and anchorage assemblies. 1. Safety belts\nrequired.  No motor vehicle shall be sold or registered in this state\nand no motor vehicle registered in this state shall be operated in this\nstate unless such vehicle is equipped with safety belts approved by and\nconforming to standards established by the commissioner as follows:\n  (a) A motor vehicle manufactured or assembled after June thirtieth,\nnineteen hundred sixty-four and designated as a 1965 or later model, at\nleast two safety belts for the front seat;\n  (b) A motor vehicle manufactured or assembled after June thirtieth,\nnineteen hundred sixty-six and designated as a 1967 or later model, at\nleast one safety belt for the rear seat for each passenger for which the\nrear seat of such vehicle was designed;\n  * (c) A motor vehicle manufactured or assembled on or after January\nfirst, nineteen hundred sixty-eight, at least one safety belt for each\npassenger seat position;\n  * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 10 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 10 of 2020 § 6)\n  * (c) A motor vehicle manufactured or assembled on or after January\nfirst, nineteen hundred sixty-eight, at least one safety belt for each\npassenger seat position.\n  * NB Effective upon repeal (see chapter 10 of 2020 § 6)\n  * (d) An altered motor vehicle commonly referred to as a "stretch\nlimousine" which was altered on or after January first, two thousand\ntwenty-one, at least two safety belts for the front seat, and at least\none safety belt for the rear seat for each passenger for which the rear\nseat of such vehicle was designed, and at least one safety belt for each\npassenger seat position.\n  * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 10 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 10 of 2020 § 6)\n  * 1-a. No altered motor vehicle commonly referred to as a "stretch\nlimousine" which was altered prior to January first, two thousand\ntwenty-one shall be sold or registered in this state and no such altered\nmotor vehicle altered prior to January first, two thousand twenty-one\nregistered in this state shall be operated in this state unless such\nvehicle is retrofitted and equipped with safety belts approved by and\nconforming to standards established by the commissioner as follows: at\nleast two safety belts for the front seat, and at least one safety belt\nfor the rear seat for each passenger for which the rear seat of such\nvehicle was designed, and at least one safety belt for each passenger\nseat position.\n  * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 10 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 10 of 2020 § 6)\n  2. Anchorage assemblies. No motor vehicle shall be sold or registered\nin this state unless such motor vehicle is equipped with safety belt\nassembly anchorages conforming to standards established by the\ncommissioner for each safety belt required in such motor vehicle. In\naddition, no motor vehicle manufactured or assembled after June\nthirtieth, nineteen hundred sixty-two shall be sold or registered in\nthis state unless such motor vehicle is equipped with safety belt\nassembly anchorages conforming to standards established by the\ncommissioner for two safety belts for the front seat of such vehicle.\n  3. Sale of safety belts. No safety belt shall be sold for use in a\nmotor vehicle, or installed in a motor vehicle unless such safety belt\nis approved by, and conforms to standards established by the\ncommissioner.\n  4. Safety belts required in certain used motor vehicles. No person,\nfirm, association or corporation engaged in the business of selling or\nleasing used motor vehicles, shall sell or lease any used motor vehicle\nmanufactured or assembled after June thirtieth, nineteen hundred\nsixty-two and designated as a 1963 or subsequent year model unless such\nmotor vehicle is equipped with two safety belts for the front seat of\nsuch motor vehicle. This provision shall not apply to motor vehicles\nsold at wholesale or for junk.\n  4-a. Driver seat safety belts for certain motor vehicles.\nNotwithstanding any other provisions of this chapter, it shall be\nunlawful for the owner of a bus as defined in section one hundred four\nof this chapter and manufactured on or after January first, nineteen\nhundred sixty-five or a motor vehicle used for the purpose of\ntransporting children to and from public or private schools to permit\nsuch vehicle to be used for such purpose unless the driver's seat on\nsuch vehicle is equipped with a seat safety belt of a type and\nspecifications as approved by the commissioner of motor vehicles. Any\nowner who permits a motor vehicle to be operated without such safety\nbelt or any person who operates a motor vehicle and fails to use such\nsafety belt shall be in violation of the provisions of this subdivision\nand shall be guilty of an infraction, punishable by a fine not exceeding\nfifty dollars.\n  * 4-b. Taxicabs, liveries, and stretch limousines. All seat safety\nbelts installed in a taxicab or livery vehicle or in an altered motor\nvehicle commonly referred to as a "stretch limousine" pursuant to this\nsection shall be clearly visible, accessible and maintained in good\nworking order, and no seat safety belt installed in such taxicab or\nlivery vehicle or altered motor vehicle shall be removed therefrom.\n  * NB Repealed upon notification that any federal agency determines in\nwriting that chapter 10 of 2020 would render New York state ineligible\nfor the receipt of federal funds or any court of competent jurisdiction\nfinally determines that said chapter would render New York state out of\ncompliance with federal law or regulation (see chapter 10 of 2020 § 6)\n  * 4-b. Taxicabs and liveries. All seat safety belts installed in a\ntaxicab or livery vehicle pursuant to this section shall be clearly\nvisible, accessible and maintained in good working order, and no seat\nsafety belt installed in such taxicab or livery vehicle shall be removed\ntherefrom.\n  * NB Effective upon repeal (see chapter 10 of 2020 § 6)\n  5. (a) Passenger seat safety belts for school buses. Every school bus,\nas defined in section one hundred forty-two of this chapter,\nmanufactured for use in this state on and after July first, nineteen\nhundred eighty-seven, shall be designed so that all passenger seats on\nsuch vehicle are equipped with seat safety belts and increased seat back\npadding on passenger seats of a type and specification as approved by\nthe commissioner of transportation through the adoption of rules and\nregulations. Such rules and regulations shall provide that when any\ncontactable surface of the school bus, as specified in the Federal Motor\nVehicle Safety Standard, 49 CFR Section 571.222, is impacted from any\ndirection at twenty-two feet per second by the head form, the axial\nacceleration at the center of gravity of the head form shall be such\nthat the head form impact requirement shall not exceed eight hundred.\n  (b) Passenger seat safety belts for existing school buses. Any school\nbus as defined in section one hundred forty-two of this chapter, which\nis scheduled for retrofitting pursuant to action by a board of education\nor board of trustees under section thirty-six hundred thirty-five-a of\nthe education law shall be retrofitted so that all passenger seats on\nsuch vehicles are equipped with seat safety belts and additional padding\nof a type and specification as approved by the commissioner of\ntransportation through the adoption of rules and regulations. Such rules\nand regulations shall provide that when any contactable surface of the\nschool bus as specified in the Federal Motor Vehicle Safety Standard,\n49CFR Section 571.222 is impacted from any direction at twenty-two feet\nper second by the head form, the axial acceleration at the center of\ngravity of the head form shall be such that the head form impact\nrequirement shall not exceed eight hundred. Furthermore, the\ncommissioner shall have the power through rules and regulations to\nexempt certain design school buses from retrofitting. In granting such\nexemptions, the commissioner shall consider safety factors, structural\nintegrity of the school buses and any other items deemed necessary to\npreserve the safety and welfare of the school bus passengers. Provided\nfurther however that the commissioner of transportation shall not\nauthorize retrofitting of any school bus manufactured prior to April\nfirst, nineteen hundred seventy-seven.\n  6. Regulations. The Commissioner shall establish by regulation\nstandards for safety belts, safety belt anchorage assemblies, and the\ninstallation of safety belts in motor vehicles. The commissioner may\nalso by regulation exclude certain motor vehicles or types of motor\nvehicles from the requirements of this section. The commissioner may\nprescribe the method of securing approval of safety belts.\n
N.Y. ENV Law § 13-0349 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0349
Taking of fish for commercial purposes
Status: in_force

§ 13-0349. Taking of fish for commercial purposes.\n  1. No person shall take food fish, shellfish, or crustacea from the\nwaters of the marine and coastal district for commercial purposes using\na commercial fishing vessel longer than seventy feet in registered\nlength. For purposes of this section a person shall be presumed to be\ntaking food fish, shellfish or crustacea for commercial purposes when\nsetting, maintaining, operating or using nets, except seines not larger\nthan thirty feet long or four feet deep or lift nets not larger than\nsixteen square feet; traps, except bait traps not more than thirty\ninches in length; combs; dredges; pots; or hook and line, except by\nangling.\n  2. However, vessels being used to take food fish, shellfish or\ncrustacea from the waters of the marine and coastal district prior to\nJuly first, nineteen hundred ninety-seven shall be exempt from the\nregistered length requirement and the department shall publish a list of\nsuch vessels. In addition, such vessels which are exempt from such\nseventy foot in registered length requirement, and are on the list\npublished pursuant to this section, shall also be permitted to be\nreplaced one time without loss of such exemption.\n  3. All vessels of sixty-three feet or greater registered length may be\nreplaced one time by a new vessel of up to ten percent greater\nregistered length.\n
N.Y. PBH Law § 3442 — New York Code / Act PBH / Article 34 / Title 3 / Section 3442
Funeral directing; reports relating to moneys paid in connection with agreements for funeral merchandise or services in advance of need
Status: in_force

§ 3442. Funeral directing; reports relating to moneys paid in\nconnection with agreements for funeral merchandise or services in\nadvance of need.  1. Every person licensed pursuant to this article,\nincluding funeral directors and funeral firms, receiving moneys in\nconnection with agreements to furnish merchandise or services in\nconnection with a funeral or burial, wherein the merchandise is not to\nbe delivered or the personal services rendered until the occurrence of\nthe death of the person for whose funeral or burial such merchandise or\nservices are to be furnished, shall comply with the provisions of\nsection four hundred fifty-three of the general business law, furnish a\npreneed statement to the person making such payment describing such\nservices and merchandise offered on a form prescribed by the\ncommissioner and shall maintain current records of the persons making\nsuch payments or receiving such merchandise or services or having been\nrepaid moneys and shall maintain true copies of such agreements. Such\nrecords and true copies of agreements shall be made available for\ninspection and shall be made available during ordinary business hours\nfor copying upon written request by the commissioner or his or her\nrepresentative in connection with any investigation pursuant to this\narticle. Copies shall only be requested where the department has\nreceived a complaint, either oral or written, or where the department\ninspector has grounds to believe that serious or repeat violations of\nthis section have occurred.\n  2. Only a funeral firm having a valid registration issued pursuant to\nparagraph (c) of subdivision two of section thirty-four hundred\ntwenty-eight of this article or their duly authorized agent, may receive\nand hold moneys in trust which have been paid in connection with an\nagreement as described in subdivision one of this section.\n  3. (a) Upon the sale or other transfer of any funeral firm, or the\ntransfer of control over such moneys, both the new owner and former\nowner or the estate of the former owner, or both the persons currently\nand formerly having control over such moneys, shall within thirty days\nof such sale or transfer, notify, in writing, each such person who has\npaid moneys of the sale or transfer, including the name and address of\nthe new and former owner. Compliance with the requirements of this\nsubdivision shall constitute compliance with the same notification\nrequirements found in subdivision five of section four hundred\nfifty-three of the general business law. Copies of such notifications\nshall be available for inspection and shall be made available during\nordinary business hours for copying upon written request by the\ncommissioner or his or her representative in connection with any\ninvestigation pursuant to this article.\n  (b) Upon the sale or other transfer of any funeral firm having\nreceived moneys in connection with any agreement described in\nsubdivision one of this section or upon any transfer of control over\nsuch moneys, the transferee shall be liable for compliance with all\nprovisions of this section and section four hundred fifty-three of the\ngeneral business law, including the repayment of any moneys and\nprovision of funeral merchandise and services, if the transferor or a\ntransferor's predecessor in interest was liable for compliance with the\nrequirements of this section and section four hundred fifty-three of the\ngeneral business law.  Such liability shall attach whether or not the\nsuccessor in interest has, upon conveyance of such funeral firm,\nreceived such moneys or has knowledge of the existence of any agreements\ndescribed herein. Such liability shall attach where there is proof of a\nvalid agreement for providing funeral merchandise and services, and the\nfuneral firm, funeral director or undertaker has not refunded the moneys\nreceived from the customer.\n  (c) Upon the sale or other transfer of any funeral firm having\nreceived such moneys, or upon a transfer of control of such moneys, the\ntransferor shall disclose a complete accounting of all moneys\ntransferred pursuant to such agreement to the transferee, including the\nnames and addresses of all persons who deposited moneys with such\nfuneral firm, the amount and location of such moneys, the names and\naddresses of persons who have received refunds and the amount of such\nrefund.\n  (d) Upon the termination, cessation of operation or discontinuation of\nany funeral firm, or a successor in interest which has received moneys\nin connection with any agreement described in subdivision one of this\nsection or is otherwise liable for compliance with the requirements of\nthis section or section four hundred fifty-three of the general business\nlaw, such funeral firm or successor shall, within thirty days of such\ntermination, cessation of operation or discontinuation, repay all such\nmoneys and accrued interest as if a demand had been made therefor.\n  4. Records required by this section to be maintained and true copies\nof agreements shall be retained for four years following the provisions\nof funeral merchandise and services. In the event the funds are returned\nto the person who deposited the money or their representative, such\nrecords, including the record of return of funds shall be retained for a\nperiod of four years after the sale, transfer, termination, cessation of\noperation or discontinuance of the funeral firm.\n
N.Y. RPT Law § 925-C — New York Code / Act RPT / Article 9 / Title 3 / Section 925-C
Payment of real property taxes via the internet
Status: in_force

§ 925-c. Payment of real property taxes via the internet.\nNotwithstanding any contrary provision of this chapter, or of any\ngeneral, special or local law, code or charter, real property taxes may\nbe paid via the internet under the terms and conditions set forth in\nsection five-b of the general municipal law.\n