N.Y. EDN Law § 4308 — New York Code / Act EDN / Title 6 / Article 87 / Section 4308
Admission
Status: in_force

§ 4308. Admission. 1. All blind or blind and deaf or blind and\ncerebral palsied children of suitable age and capacity for instruction,\nwho are legal residents of the state, shall be eligible for appointment\nto the New York State School for the Blind, without charge, and for such\na period of time in each individual case as may be set by the\ncommissioner, either: (i) upon the recommendation of the committee on\nspecial education of the child's school district of residence; or (ii)\nwhere the child is placed by a state agency in an intermediate care\nfacility in such school pursuant to paragraph d of subdivision five of\nsection thirty-two hundred two of this chapter, upon recommendation of\nthe committee on special education of the school district in which the\nintermediate care facility is located; or (iii) where the parents make\napplication directly to the commissioner or the school, upon\nrecommendation of the school's multidisciplinary team in accordance with\nthe joint placement procedures established in subdivision two of this\nsection.\n  2. a. Upon receipt of an application for admission of a child who has\nnot been recommended for placement by the committee on special education\nof the child's school district of residence, the school shall\nimmediately notify such school district of such application.\nNotwithstanding any inconsistent provision of law, the school shall make\navailable to such school district of residence, upon request, all\nrecords in its possession relating the evaluation, placement and\neducational performance of each child who has applied for admission or\nis attending the school, including the results of any current\nevaluations of such child.\n  b. Prior to any meeting of its multidisciplinary team to develop an\nindividualized education program for a child, either upon initial\nadmission to the school or in an annual review, the school shall notify\nthe school district of residence of such meeting and shall offer the\ndistrict the opportunity to identify and present to the\nmultidisciplinary team, an alternative placement recommendation for\nservices in the least restrictive environment. In addition, such notice\nshall advise the school district of its right to appoint additional\nmembers to the multidisciplinary team pursuant to paragraph c of this\nsubdivision. The multidisciplinary team shall consider such alternative\nand, if it rejects the alternative, shall include in its recommendation\na statement of its reasons for doing so.\n  c. In addition to the members required for a committee on special\neducation pursuant to subdivision one of section forty-four hundred two\nof this chapter, the school's multidisciplinary team may include\nadditional members appointed by the board of education of the school\ndistrict of residence pursuant to this paragraph, and shall include such\nmembers if appointed by such board of education. For each member\nappointed by the school, the school district may appoint a corresponding\nmember, including a representative of the committee on special education\nwho is qualified to teach or supervise special education, a school\npsychologist, the child's teacher, a parent member, a physician where\nthe parent requests attendance of the physician member, and, for a child\nwho has been evaluated for the first time, a person who is knowledgeable\nabout the evaluation procedures used with the child and familiar with\nthe results of the evaluation. The commissioner shall determine the\nlocation at which the multidisciplinary team meeting will be held. In\nthe event of a tie vote on the multidisciplinary team, the parents shall\ncast the deciding vote.\n  d. The majority of the multidisciplinary team shall state the reasons\nfor its recommendation, and submit such recommendation to the\ncommissioner for consideration in determining whether to appoint the\nchild. If the representatives appointed by the school district of\nresidence disagree with the recommendation of the multidisciplinary\nteam, they shall be entitled to prepare a dissenting opinion on the\nplacement recommendation and to submit such opinion to the commissioner\nfor consideration in determining whether to appoint the child to the\nschool.\n  e. The commissioner, or his or her designee, in determining whether to\nappoint the child to the school, shall consider whether the placement at\nthe state school is an appropriate placement in the least restrictive\nenvironment, taking into account the school district's recommended\nalternative placement. If the commissioner or his or her designee\ndetermines that placement in the state school is not in the least\nrestrictive environment or otherwise disagrees with such recommendation,\nthe commissioner shall state his or her reasons in writing and shall\nsend the recommendation back to the multidisciplinary team for\nreconsideration, with notice to the parents. If the commissioner refers\nthe recommendation back to the multidisciplinary team for\nreconsideration, the commissioner shall also notify the parents and the\nmultidisciplinary team in writing of the need to schedule a meeting to\nensure timely placement.\n  * f. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the multidisciplinary team, other than the parents\nor persons in parental relation to the student is not required to attend\na meeting of the team, in whole or in part, if the parent or person in\nparental relation to the student and the department agree, in writing,\nthat the attendance of the member is not necessary because the member's\narea of the curriculum or related services is not being modified or\ndiscussed at the meeting.\n  * NB Repealed June 30, 2027\n  * g. Notwithstanding any provision of law, rule or regulation to the\ncontrary, a member of the multidisciplinary team, other than the parents\nor persons in parental relation to the student, may be excused from\nattending a meeting of the team, in whole or in part, when the meeting\ninvolves a modification to or discussion of the member's area of the\ncurriculum or related services if the parent or person in parental\nrelation to the student and the department consent, in writing, to the\nexcusal and the excused member submits to the parent or person in\nparental relation to the student and the multidisciplinary team, written\ninput into the development of the individualized education program, and\nin particular written input with respect to their area of the curriculum\nor related services, prior to the meeting.\n  * NB Repealed June 30, 2027\n  * h. Requests for excusal of a member of the multidisciplinary team as\nprovided for in paragraphs f and g of this subdivision, and the written\ninput as provided for in paragraph g of this subdivision, shall be\nprovided not less than five calendar days prior to the meeting date, in\norder to afford the parent or person in parental relation a reasonable\ntime to review and consider the request. Provided however, that a parent\nor person in parental relation shall retain the right to request and/or\nagree with the department to excuse a multidisciplinary team member at\nany time including where the member is unable to attend the meeting\nbecause of an emergency or unavoidable scheduling conflict and the\ndepartment submits the written input for review and consideration by the\nparent or person in parental relation within a reasonable time prior to\nthe meeting and prior to obtaining written consent of the parent or\nperson in parental relation to such excusal.\n  * NB Repealed June 30, 2027\n  * i. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, in making changes to a student's individualized education\nprogram after the annual review has been conducted, the parent or person\nin parental relation to the student and the department may agree not to\nconvene a multidisciplinary team meeting for the purpose of making those\nchanges, and instead may develop a written document to amend or modify\nthe student's current individualized education program under the\nfollowing circumstances:\n  (i) The parent or person in parental relation makes a request to the\ndepartment for an amendment to the individualized education program and\nthe department and such parent or person in parental relation agree in\nwriting; or\n  (ii) The department provides the parent or person in parental relation\nwith a written proposal to amend a provision or provisions of the\nindividualized education program that is conveyed in language\nunderstandable to the parent or person in parental relation in such\nparent's or such person's native language or other dominant mode of\ncommunication, informs and allows the parent or person in parental\nrelation the opportunity to consult with the appropriate personnel or\nrelated service providers concerning the proposed changes and the parent\nor person in parental relation agrees in writing to such amendments.\n  (iii) If the parent or person in parental relation agrees to amend the\nindividualized education program without a meeting, the parent or person\nin parental relation shall be provided prior written notice of the\nchanges to the individualized education program resulting from such\nwritten document and the multidisciplinary team shall be notified of\nsuch changes. If the department makes such changes by rewriting the\nentire individualized education program, it shall provide the parent or\nperson in parental relation with a copy of the rewritten individualized\neducation program. If the department amends the individualized education\nprogram without rewriting the entire document, the department shall\nprovide the parent with a copy of the document that amends or modifies\nthe individualized education program or, upon request of the parent or\nperson in parental relation, a revised copy of the individualized\neducation program with the amendments incorporated.\n  Amendments to an individualized education program pursuant to this\nparagraph shall not affect the requirement that the multidisciplinary\nteam review the individualized education program at the annual meeting,\nor more often if necessary.\n  * NB Repealed June 30, 2027\n  3. The commissioner shall adopt regulations to prescribe the\nprocedures for evaluation, placement and admission of children in\naccordance with this section, which shall include but not be limited to\nprocedures to ensure that the due process rights of parents are\nprotected and that placement recommendations are made in a timely\nmanner.\n
N.Y. GMU Law § 575 — New York Code / Act GMU / Article 15-B / Title 6 / Section 575
Little Falls urban renewal agency
Status: in_force

§ 575. Little Falls urban renewal agency. A municipal urban renewal\nagency, to be known as the Little Falls urban renewal agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration and consist of not less than three and not more than five\nmembers including the mayor. The additional members shall be appointed\nby the mayor with the concurring approval of the city council.  It shall\nhave the powers and duties now or hereafter conferred by article\nfifteen-A of this chapter upon municipal renewal agencies. It shall be\norganized in the manner prescribed by and be subject to the provisions\nof article fifteen-A of this chapter and the agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of such article.\n
N.Y. PBA Law § 3628 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3628
Erie County Medical Center Corporation
Status: in_force

§ 3628. Erie County Medical Center Corporation. 1. (a) There is hereby\ncreated a state board to be known as the Erie County Medical Center\nCorporation, which shall be a body corporate and politic constituting a\npublic benefit corporation.\n  (b) The corporation shall be governed by fifteen voting directors, of\nwhom eight directors shall be appointed by the governor and seven\ndirectors shall be appointed by the county executive of the county of\nErie. The governor shall make appointments to the corporation as\nfollows: three directors from a recommendation submitted by the county\nexecutive of the county of Erie; three directors from a recommendation\nsubmitted by the legislature of the county of Erie; one director, who\nshall be a resident of the county of Erie, from a recommendation\nsubmitted by the temporary president of the senate; and one director,\nwho shall be a resident of the county of Erie, from a recommendation\nsubmitted by the speaker of the assembly. The county executive of the\ncounty of Erie shall make seven appointments to the board with the\nadvice and consent of the legislature of the county of Erie.\n  The terms of the initial directors appointed by the governor shall be\nfive years for such directors appointed upon recommendation of the\ntemporary president of the senate and the speaker of the assembly. The\nterms of the initial directors appointed by the governor upon the\nrecommendation of the county executive of the county of Erie shall be\nfive years for one, four years for one, and three years for one. The\nterms of the initial directors appointed by the governor upon the\nrecommendation of the legislature of the county of Erie shall be four\nyears for two and three years for one. The terms of the initial\ndirectors appointed by the county executive of the county of Erie shall\nbe one year for two of such directors, two years for three of such\ndirectors, and three years for two of such directors.\n  (c) Each director shall possess a high degree of experience and\nknowledge in relevant fields and a high degree of interest in the\ncorporation. The appointment of any director to the corporation shall be\nbased in part on the objective of ensuring that the corporation includes\ndiverse and beneficial perspectives and experience, including, but not\nlimited to, those of business management, law, finance, medical or other\nhealth professionals or both, health sector workers, the patient or\nconsumer perspective, and residence in the western New York community.\n  2. There shall be four non-voting representatives, who shall include\nthe chief executive officer of the corporation appointed by the voting\ndirectors of the board, one selected by the Erie county executive, one\nselected by the majority leader of the Erie county legislature, and one\nmember selected by the minority leader of the Erie county legislature.\nSuch representatives shall have all of the rights and powers of the\ndirectors other than the right and power to vote, including, but not\nlimited to, the right to equal access to information.\n  3. All directors and non-voting representatives shall continue to hold\noffice until their successors are appointed and qualify. All subsequent\nappointments made upon the expiration of an initial term shall be for a\nterm of five years, and all appointees shall be eligible for\nreappointment. Vacancies occurring otherwise than by expiration of term\nof office shall be filled for the unexpired terms in the manner provided\nfor original appointment. Members of the board may be removed from\noffice by the board for inefficiency, neglect of duty, or misconduct in\noffice after the board has given such member a copy of the charges\nagainst him or her and an opportunity to be heard in person or by\ncounsel in his or her defense, upon not less than ten days notice.\n  4. (a) The directors shall, by majority vote, select one of the\nfifteen directors as the chairperson of the board. The chairperson shall\npreside over all meetings of the board and shall have such other duties\nas the directors may provide.\n  (b) The voting directors and non-voting representatives of the\ncorporation shall receive no compensation for their services, but shall\nbe reimbursed for all their actual and necessary expenses incurred in\nconnection with carrying out the purposes of this title.\n  (c) The powers of the corporation shall be vested in and shall be\nexercised by the board at a meeting duly called and held, where a quorum\nof eight directors is present. No action shall be taken by the\ncorporation except pursuant to the favorable vote of at least eight\ndirectors present at the meeting at which such action is taken.\n  (d) The members of the board or any committee thereof may participate\nin a meeting of such board or committee by means of a conference\ntelephone or similar communications equipment allowing all persons\nparticipating in the meeting to hear each other at the same time;\nparticipation by such means shall constitute presence in person at a\nmeeting.\n  (e) Any action required or permitted to be taken by the board or any\ncommittee thereof may be taken without a meeting if all members of the\nboard or the committee consent in writing to the adoption of a\nresolution authorizing the action. The resolution and the written\nconsents thereto by the members of the board or committee shall be filed\nwith the minutes of the proceedings of the board or committee.\n  5. The voting directors shall select and shall determine the salary\nand benefits of the chief executive officer of the corporation. The\ndirectors shall have the authority to discharge the chief executive\nofficer with or without cause; provided, however, that removal without\ncause shall not prejudice the contract rights, if any, of the chief\nexecutive officer.\n  6. Notwithstanding any inconsistent provision of any general, special,\nor local law, ordinance, resolution, or charter, no officer, member, or\nemployee of the state or of any public corporation shall forfeit his or\nher office or employment by reason of his or her acceptance of\nappointment as a director, non-voting representative, officer, or\nemployee of the corporation, nor shall service as such a director,\nnon-voting representative, officer, or employee be deemed incompatible\nor in conflict with such office or employment; and provided further,\nhowever, that no public officer elected to his or her office pursuant to\nthe laws of the state or any municipality thereof may serve as a member\nof the governing body of the corporation during his or her term of\noffice.\n  7. The corporation shall have a chief executive officer, a secretary,\na treasurer, and such other officers as the board shall from time to\ntime provide; such officers shall exercise the duties provided by the\nboard or by this title.\n  8. The corporation and its corporate existence shall continue until\nterminated by law; provided, however, that no such termination shall\ntake effect so long as the corporation shall have bonds or other\nobligations outstanding, unless adequate provision has been made for the\npayment or satisfaction thereof. Upon termination of the existence of\nthe corporation, all of the rights and properties of the corporation\nthen remaining shall pass to and vest in the county in such manner as is\nor may be prescribed by law.\n  9. Contracts for works, construction, or purchases to which the\ncorporation is a party shall be subject to the provisions of article\nfive-A of the general municipal law, except as provided in subdivisions\nten and eleven of this section. In addition to the procedures prescribed\nunder section one hundred four of the general municipal law for the\nutilization of the terms of state contracts, the corporation may utilize\nthe terms of a federal government general services contract where the\nterms are to the advantage of the corporation and have been offered to\nthe corporation by the contractor. When bids have already been received\nby the corporation, no purchase under a federal government general\nservices contract shall be made, unless the purchase may be made upon\nthe same terms, conditions, and specifications at a lower price through\nsuch contractor.\n  10. It is the intent of the legislature that overall cost shall in all\ncases be a major criterion in the selection of project developers for\naward of contracts pursuant to this section and that, whenever\npractical, such contracts shall be entered into through competitive\nbidding procedures, as prescribed by sections one hundred one and one\nhundred three of the general municipal law. It is further the intent of\nthe legislature to acknowledge the highly complex and innovative nature\nof medical technology and diagnostic and treatment devices, the relative\nnewness of a variety of devices, processes, and procedures now\navailable, the desirability of a single point of responsibility for the\ndevelopment of medical treatment and diagnostic facilities, and the\neconomic and technical utility of contracts for medical projects which\ninclude in their scope various combinations of design, construction,\noperation, management, or maintenance responsibility, or any combination\nthereof, over prolonged periods of time, and to acknowledge that, in\nsome instances, it may be beneficial to the corporation to award a\ncontract for a medical project on the basis of factors other than cost\nalone, including, but not limited to, facility design, system\nreliability, efficiency, safety, and compatibility with other elements\nof patient care. Accordingly, and notwithstanding the provisions of any\ngeneral, special, or local law or charter, a contract for a medical\nproject entered into between the corporation and any project developer\npursuant to this section may be awarded pursuant to public bidding in\ncompliance with sections one hundred one and one hundred three of the\ngeneral municipal law or pursuant to the following provisions for the\naward of a contract based on an evaluation of proposals submitted in\nresponse to a request for proposals prepared by or for the corporation:\n  (a) The corporation shall require that each proposal to be submitted\nby a project developer include:\n  (i) information relating to the experience and expertise of the\nproject developer on the basis of which said project developer purports\nto be qualified to carry out all work required by a proposed contract;\nthe ability of the project developer to secure adequate financing; and\nproposals for project staffing, implementation of work tasks, and the\ncarrying out of all responsibilities required by a proposed contract;\n  (ii) a proposal clearly identifying and specifying all elements of\ncosts which would become charges to the corporation, in whatever form,\nin return for the fulfillment by the project developer for the full\nlifetime of a proposed contract, including, as appropriate, but not\nlimited to, the cost of planning, design, construction, operation,\nmanagement, or maintenance, or any combination thereof, of any facility,\nand clearly identifying and specifying all elements of revenue which\nwould accrue to the corporation from the operation of the facility or\ndevice or from any other source; provided that the corporation may\nprescribe the form and content of such proposal and that, in any event,\nthe project developer must submit sufficiently detailed information to\npermit a fair and equitable evaluation by the corporation of such\nproposal; and provided, further, that the corporation may set maximum\nallowable cost limits in any form in the request for proposals; and\n  (iii) such other information as the corporation may determine to have\na material bearing on its ability to evaluate any proposal in accordance\nwith this paragraph;\n  (b) Prior to the issuance of a request for proposals pursuant to this\nsubdivision, the corporation shall publish notice of such issuance in at\nleast one newspaper of general circulation. Concurrent with the\npublication of such notice, a draft request for proposals shall be filed\nwith the county commissioner of health;\n  (c) Proposals received in response to such request for proposals shall\nbe evaluated by the corporation as to net cost or, if a net revenue is\nprojected, net revenue, and in a manner consistent with provisions set\nforth in the request for proposals, and may be evaluated on the basis of\nadditional factors, including, but not limited to, the technical\nevaluation of the medical project, including medical facility, facility\ndesign, system reliability, energy balance, and efficiency. The\nevaluation of such proposals and the determination of whether or not a\nproject developer is "responsible" may include, but shall not be limited\nto, consideration, in a manner consistent with provisions set forth in\nthe request for proposals, of the record of the project developer in\ncomplying with existing labor standards and recognizing state and\nfederally approved apprentice training programs and consideration of the\nwillingness of the project developer to provide for meaningful\nparticipation of minority group persons and business enterprises in the\nconduct of the work; and\n  (d) The corporation may make a contract award to any responsible\nproject developer based on a determination by the corporation that the\nselected proposal is most responsive to the request for proposals and\nmay negotiate with any project developer; provided, however, that, if\nany award is made to any project developer whose total proposal does not\nprovide either the lowest net cost, or, if a net revenue is projected,\nthe greatest net revenue, of any proposal received, the corporation\nshall adopt a resolution which includes particularized findings relevant\nto factors pursuant to paragraph (c) of this subdivision indicating that\nthe corporation's requirements are met by award and that such action is\nin the public interest.\n  Whenever the corporation enters into a contract pursuant to this\nsection for a medical project which involves construction, the\nprovisions of section two hundred twenty of the labor law shall be\napplicable to such construction work.\n  11.  Every contract entered into between the corporation and a project\ndeveloper, pursuant to the provisions of paragraph (d) of subdivision\nten of this section, for a medical project involving construction of a\nmedical building by the project developer, shall contain provisions that\nsuch building shall be constructed through construction contracts\nawarded through competitive bidding in accordance with paragraphs (a)\nthrough (g) of this subdivision; that the project developer or the\nproject developer's construction subcontractor shall furnish a bond\nguaranteeing prompt payment of moneys that are due to all persons\nfurnishing labor and materials pursuant to the requirements of such\nconstruction contracts, and that a copy of such payment bond shall be\nkept by the corporation and shall be open to public inspection;\nprovided, however, that the requirements of this subdivision shall not\napply when the cost of such construction, exclusive of the cost of\nmedical equipment, apparatus, and devices, is less than five hundred\nthousand dollars.\n  (a) The project developer shall advertise for bids for such\nconstruction contracts in a daily newspaper having general circulation\nin the county.  Such advertisement shall contain a statement of the time\nand place where all bids received pursuant to such notice will be\npublicly opened and read. An employee of the corporation shall be\ndesignated to open the bids at the time and place specified in the\nnotice. All bids received shall be publicly opened and read at the time\nand place so specified. At least five days shall elapse between the\npublication of such advertisement and the date on which the bids are\nopened.\n  (b) Except as otherwise provided in section two hundred twenty-two of\nthe labor law, when the entire cost of constructing such building,\nexclusive of any medical equipment, apparatus, or devices, exceeds five\nhundred thousand dollars, the project developer shall prepare separate\nspecifications for the following subdivisions of such work, so as to\npermit separate and independent bidding upon each subdivision:\n  (i) plumbing and gas fittings;\n  (ii) steam heating, hot water heating, ventilating, and air\nconditioning apparatus; and\n  (iii) electric wiring and standard illuminating fixtures.\n  (c) After public competitive bidding, the project developer shall\naward one or more separate contracts for each of the above subdivisions\nof such work, whenever separate specifications are required pursuant to\nparagraph (b) of this subdivision, and one or more contracts for the\nremainder of such work. The project developer may award such contracts\nat different times. Contracts awarded pursuant to this subdivision shall\nbe awarded by the project developer to the lowest responsible and\nresponsive bidder and shall be contracts of the project developer and\nnot of the corporation, which shall have no obligation or liabilities,\nwhatsoever, thereunder. The project developer shall have the\nresponsibility for the supervision, coordination, and termination of\nsuch contracts, unless otherwise specified in contractual terms between\nthe project developer and the corporation.\n  (c-1) Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (iii)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  (d) In determining whether or not a prospective contractor is\nresponsible and responsive, the project developer may require that\nprospective contractors:\n  (i) have adequate financial resources or the ability to obtain such\nresources;\n  (ii) be able to comply with the required or proposed delivery or\nperformance schedule;\n  (iii) have a satisfactory record of performance;\n  (iv) have the necessary organization, experience, operational\ncontrols, and technical skills, or the ability to obtain them;\n  (v) have the necessary production, construction, and technical\nequipment and facilities, or the ability to obtain them; and\n  (vi) be eligible to receive an award under applicable laws and\nregulations and be otherwise qualified.\n  (e) The project developer may reject any bid of a bidder if the\nproject developer determines the bidder to be non-responsible or the bid\nnon-responsive to the advertisement for bids.\n  (f) The project developer may, in its discretion, reject all bids, may\nrevise bid specifications, and may re-advertise for bids as provided in\nthis subdivision for original advertisements.\n  (g) Only as used in this section:\n  (i) "project developer" means any private corporation, partnership,\nlimited liability company, or individual, or combination thereof which\nhas submitted a proposal in response to a request for proposals;\n  (ii) "construction" includes reconstruction, rehabilitation, or\nimprovement, exclusive of the installation and assembly of any medical\nequipment, apparatus, or device;\n  (iii) "medical building" means that component of a medical project\nconstituting appurtenant structures or facilities necessary to house or\nrender the remaining components of the medical project operational.\nMedical building does not include apparatus, equipment, devices,\nsystems, supplies, or any combination thereof; and\n  (iv) "medical project" means any substantial durable apparatus,\nequipment, device, or system, or any combination of the foregoing,\nincluding services necessary to install, erect, or assemble the\nforegoing, and any appurtenant structures or facilities necessary to\nhouse or render the foregoing operational, to be used for the purpose of\ncare, treatment, or diagnosis of disease or injury or the relief of pain\nand suffering of sick or injured persons. Medical projects do not\ninclude ordinary supplies and equipment expended or utilized in the\ncustomary care and treatment of patients.\n  12. (a) For purposes of applying section eighty-seven of the public\nofficers law to the corporation, the term "trade secrets" shall include\nmarketing strategy or strategic marketing plans, analyses, evaluations,\nand pricing strategies or pricing commitments of the corporation\nrelating to business development, including strategic alliances and\ncontracts for managed care and other network arrangements, capitation\ncontracts, and other similar arrangements relating to business\ndevelopment which, if disclosed, would be likely to injure the\ncompetitive position of the corporation.\n  (b) In addition to the matters listed in section one hundred five of\nthe public officers law, the corporation may conduct an executive\nsession for the purpose of considering marketing strategy or strategic\nmarketing plans, analyses, evaluations, and pricing strategies or\npricing commitments of the corporation relating to business development,\nincluding strategic alliances and contracts for managed care and other\nnetwork arrangements, capitation contracts, and other similar\narrangements relating to business development which, if disclosed, would\nbe likely to injure the competitive position of the corporation.\n  13. The county shall provide the corporation with full funding of the\nnetwork's existing capital program for the years two thousand four, two\nthousand five, and two thousand six, as authorized in the county's two\nthousand three capital budget.\n
N.Y. PML Law § 1351 — New York Code / Act PML / Article 13 / Title 6 / Section 1351
Tax on gaming revenues; permissive supplemental fee
Status: in_force

§ 1351. Tax on gaming revenues; permissive supplemental fee.  * 1. (a)\nFor a gaming facility in zone two, there is hereby imposed a tax on\ngross gaming revenues. The amount of such tax imposed shall be as\nfollows; provided, however, should a licensee have agreed within its\napplication to supplement the tax with a binding supplemental fee\npayment exceeding the aforementioned tax rate, such tax and supplemental\nfee shall apply for a gaming facility:\n  (1) in region two, forty-five percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (2) in region one, thirty-nine percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (3) in region five, thirty-seven percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources; provided however, that in the Tioga county portion of region\nfive, for the period of fiscal years two thousand twenty-four, two\nthousand twenty-five, and two thousand twenty-six, during which both of\nthe following criteria are met (i) any facility's tax rate is adjusted\nby the commission pursuant to paragraph (b) of this subdivision, and\n(ii) a vendor track that is located within Oneida county, within fifteen\nmiles of a Native American class III gaming facility maintains at least\nseventy percent of full-time equivalent employees as they employed in\nthe year two thousand sixteen, the tax rate on facilities located in the\nTioga county portion of region five shall be thirty percent of gross\ngaming revenue from slot machines, and ten percent of gross gaming\nrevenue from all other sources. Any money realized from the decrease in\ntheir slot machine tax rate shall only be used by the facility to offer\nchildcare for employees, food and beverage conversion, any other project\nor use that improves the economic infrastructure of the facility, or for\nrehiring laid-off workers, hiring new workers or retaining current\nworkers at the facility. The facility shall provide an initial report to\nthe governor, the speaker of the assembly, the temporary president of\nthe senate, and the commission detailing the projected use of funds\nresulting from such tax adjustment and a plan that prescribes the manner\nin which the licensed gaming facility receiving the reduction in its\nslot machine tax rate will rebuild their economic infrastructure through\nthe offering of childcare for employees, food and beverage conversion,\nor any other project or use that improves the economic infrastructure of\nthe facility, or for rehiring laid-off workers, hiring new workers, or\nretaining current workers at the facility or the creation of new jobs.\nSuch plan shall also clearly establish quarterly and annual employment\ngoals of increasing full-time employees. The facility shall be subject\nto the conditions set forth in clause (ii) of subparagraph three of\nparagraph (b) of this subdivision. Such initial report and accompanying\nplan shall be due ninety days after such reduction goes into effect.\nThereafter, an annual report shall be made to the governor, the speaker\nof the assembly, the temporary president of the senate, and the\ncommission detailing actual use of the funds resulting from such tax\nadjustment. Such report shall include, but not be limited to, any impact\non employment levels since receiving the funds, an accounting of the use\nof such funds, any other measures implemented to improve the financial\nstability of the gaming facility, and any other information as deemed\nnecessary by the commission. Such report shall be due no later than the\nfirst day of the fourth quarter in each year such tax rate has been\ngranted.\n  (b) (1) Notwithstanding the rates in paragraph (a) of this\nsubdivision, a gaming facility may petition the commission to lower the\ntax rate applicable to its slot machines to no lower than thirty\npercent. In analyzing such request, the commission shall evaluate the\npetition using the following criteria:\n  (i) the ability of the licensee to satisfy the license criterion of\nfinancial stability absent the tax rate reduction;\n  (ii) a complete examination of all financial projections, as well as\ngaming revenues generated for the prior annual period;\n  (iii) the licensee's intended use of the funds resulting from a tax\nadjustment;\n  (iv) the inability of the operator to remain competitive under the\ncurrent tax structure;\n  (v) positions advanced by other gaming operators in the state in\nresponse to the petition;\n  (vi) the impact on the competitive landscape;\n  (vii) other economic factors such as employment and the potential\nimpact upon other businesses in the region; and\n  (viii) the public interest to be served by a tax adjustment, including\nthe impact upon the state in the event the operator is unable to remain\nfinancially viable.\n  (2) The commission shall report their recommendation solely based on\nthe criteria listed in subparagraph one of this paragraph to the\ndirector of the division of budget who will make a final approval.\n  (3) (i) As a condition of the lower slot machine tax rate, such gaming\nfacility shall provide an initial report to the governor, the speaker of\nthe assembly, the temporary president of the senate, and the commission\ndetailing the projected use of funds resulting from such tax adjustment\nand a plan that prescribes the manner in which the licensed gaming\nfacility potentially receiving the reduction in its slot machine tax\nrate will rebuild their economic infrastructure through the rehiring of\nlaid-off employees or the creation of new jobs. Such plan shall also\nclearly establish quarterly and annual employment goals of increasing\nfull-time employees. Such initial report and accompanying plan shall be\ndue at the time a facility is granted a tax adjustment. Thereafter, an\nannual report shall be made to the governor, the speaker of the\nassembly, the temporary president of the senate, and the commission\ndetailing actual use of the funds resulting from such tax adjustment.\nSuch report shall include, but not be limited to, any impact on\nemployment levels since receiving the funds, an accounting of the use of\nsuch funds, any other measures implemented to improve the financial\nstability of the gaming facility, any relevant information that helped\nin the determination of such slot tax rate reduction, and any other\ninformation as deemed necessary by the commission. Such report shall be\ndue no later than the first day of the fourth quarter after such tax\nrate has been granted.\n  (ii) (A) At the conclusion of each year, a licensed gaming facility\nshall provide an affirmation in writing to the commission stating the\nemployment goal in clause (i) of this subparagraph or subparagraph three\nof paragraph (a) of this subdivision, was either met or not met as\ndescribed in the initial report. If the licensed gaming facility is\nfound to have not adhered to the plan by the commission, then the\napplicable slot tax rate shall be adjusted at the discretion of the\ncommission as follows:\n  1. If the actual employment number is more than fifty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nten percentage points.\n  2. If the actual employment number is more than forty percent less\nthan the employment goal, then the slot tax rate shall be increased by\neight percentage points.\n  3. If the actual employment number is more than thirty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nsix percentage points.\n  4. If the actual employment number is more than twenty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nfour percentage points.\n  5. If the actual employment number is more than ten percent less than\nthe employment goal, then the slot tax rate shall be increased by two\npercentage points.\n  (B) Such finding and the reasoning thereof shall occur no later than\nthirty days following submission of the written affirmation.\n  (iii) A licensed gaming facility may petition the commission to lower\nthe tax rate applicable to its slot machines to no lower than thirty\npercent no more than once annually after the effective date of the\nchapter of the laws of two thousand twenty-one which amended this\nsubdivision. A licensed gaming facility may request a revision to its\nplan in its initial report due to unforeseen circumstances.\n  * NB Effective until April 1, 2026\n  * 1. (a) For a gaming facility in zone two, there is hereby imposed a\ntax on gross gaming revenues. The amount of such tax imposed shall be as\nfollows; provided, however, should a licensee have agreed within its\napplication to supplement the tax with a binding supplemental fee\npayment exceeding the aforementioned tax rate, such tax and supplemental\nfee shall apply for a gaming facility:\n  (1) in region two, forty-five percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (2) in region one, thirty-nine percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (3) in region five, thirty-seven percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (b) (1) Notwithstanding the tax rates on gross gaming revenue from\nslot machines provided in paragraph (a) of this subdivision, for the\nperiod of April first, two thousand twenty-six through June thirtieth,\ntwo thousand thirty-one, each gaming facility in zone two shall continue\nto be subject to the same tax rate on gross gaming revenue from slot\nmachines as was imposed in the preceding fiscal year.\n  (2) As a condition of the lower slot machine tax rate, the licensed\ngaming facility must:\n  (i) be current on all statutory obligations to the state or have\nentered into and be in compliance with a repayment agreement with the\nstate. If the commission, in its sole discretion, determines that a\ngaming facility has not adhered to this condition for any such time\nperiod, the gaming facility shall forfeit this lower slot machine tax\nrate for such time period.\n  (ii) have provided the initial report to the governor, the speaker of\nthe assembly, the temporary president of the senate, and the commission\nas required pursuant to subdivision one-b of this section.\n  (3) (i) Each gaming facility shall provide an annual fiscal report to\nthe governor, the speaker of the assembly, the temporary president of\nthe senate, director of the division of budget and the commission\ndetailing actual use of the funds resulting from the lower slot machine\ntax rate. Such report shall include, but not be limited to, any impact\non employment levels since receiving the lower slot machine tax rate, an\naccounting of the use of such funds, any other measures implemented to\nimprove the financial stability of the gaming facility and any other\ninformation as deemed necessary by the commission. Such report shall be\ndue no later than January first of each year and shall be posted on the\ncommission website.\n  (ii) At the conclusion of each year, a licensed gaming facility shall\nprovide an affirmation in writing to the commission stating the\nemployment goal in subdivision one-b of this section was either met or\nnot met as described in the initial report. If the licensed gaming\nfacility is found to have not adhered to the plan by the commission,\nthen the applicable slot tax rate may be adjusted at the discretion of\nthe commission as follows:\n  (A) If the actual employment number is more than fifty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nten percentage points.\n  (B) If the actual employment number is more than forty percent less\nthan the employment goal, then the slot tax rate shall be increased by\neight percentage points.\n  (C) If the actual employment number is more than thirty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nsix percentage points.\n  (D) If the actual employment number is more than twenty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nfour percentage points.\n  (E) If the actual employment number is more than ten percent less than\nthe employment goal, then the slot tax rate shall be increased by two\npercentage points.\n  (iii) Such finding and the reasoning thereof shall occur no later than\nthirty days following submission of the written affirmation.\n  * NB Effective April 1, 2026 until July 1, 2031\n  * 1. (a) For a gaming facility in zone two, there is hereby imposed a\ntax on gross gaming revenues. The amount of such tax imposed shall be as\nfollows; provided, however, should a licensee have agreed within its\napplication to supplement the tax with a binding supplemental fee\npayment exceeding the aforementioned tax rate, such tax and supplemental\nfee shall apply for a gaming facility:\n  (1) in region two, forty-five percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (2) in region one, thirty-nine percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources.\n  (3) in region five, thirty-seven percent of gross gaming revenue from\nslot machines and ten percent of gross gaming revenue from all other\nsources; provided however, that in the Tioga county portion of region\nfive, for the period of fiscal years two thousand twenty-four, two\nthousand twenty-five, and two thousand twenty-six, during which both of\nthe following criteria are met (i) any facility's tax rate is adjusted\nby the commission pursuant to paragraph (b) of this subdivision, and\n(ii) a vendor track that is located within Oneida county, within fifteen\nmiles of a Native American class III gaming facility maintains at least\nseventy percent of full-time equivalent employees as they employed in\nthe year two thousand sixteen, the tax rate on facilities located in the\nTioga county portion of region five shall be thirty percent of gross\ngaming revenue from slot machines, and ten percent of gross gaming\nrevenue from all other sources. Any money realized from the decrease in\ntheir slot machine tax rate shall only be used by the facility to offer\nchildcare for employees, food and beverage conversion, any other project\nor use that improves the economic infrastructure of the facility, or for\nrehiring laid-off workers, hiring new workers or retaining current\nworkers at the facility. The facility shall provide an initial report to\nthe governor, the speaker of the assembly, the temporary president of\nthe senate, and the commission detailing the projected use of funds\nresulting from such tax adjustment and a plan that prescribes the manner\nin which the licensed gaming facility receiving the reduction in its\nslot machine tax rate will rebuild their economic infrastructure through\nthe offering of childcare for employees, food and beverage conversion,\nor any other project or use that improves the economic infrastructure of\nthe facility, or for rehiring laid-off workers, hiring new workers, or\nretaining current workers at the facility or the creation of new jobs.\nSuch plan shall also clearly establish quarterly and annual employment\ngoals of increasing full-time employees. The facility shall be subject\nto the conditions set forth in clause (ii) of subparagraph three of\nparagraph (b) of this subdivision. Such initial report and accompanying\nplan shall be due ninety days after such reduction goes into effect.\nThereafter, an annual report shall be made to the governor, the speaker\nof the assembly, the temporary president of the senate, and the\ncommission detailing actual use of the funds resulting from such tax\nadjustment. Such report shall include, but not be limited to, any impact\non employment levels since receiving the funds, an accounting of the use\nof such funds, any other measures implemented to improve the financial\nstability of the gaming facility, and any other information as deemed\nnecessary by the commission. Such report shall be due no later than the\nfirst day of the fourth quarter in each year such tax rate has been\ngranted.\n  (b) (1) Notwithstanding the rates in paragraph (a) of this\nsubdivision, a gaming facility may petition the commission to lower the\ntax rate applicable to its slot machines to no lower than thirty\npercent. In analyzing such request, the commission shall evaluate the\npetition using the following criteria:\n  (i) the ability of the licensee to satisfy the license criterion of\nfinancial stability absent the tax rate reduction;\n  (ii) a complete examination of all financial projections, as well as\ngaming revenues generated for the prior annual period;\n  (iii) the licensee's intended use of the funds resulting from a tax\nadjustment;\n  (iv) the inability of the operator to remain competitive under the\ncurrent tax structure;\n  (v) positions advanced by other gaming operators in the state in\nresponse to the petition;\n  (vi) the impact on the competitive landscape;\n  (vii) other economic factors such as employment and the potential\nimpact upon other businesses in the region; and\n  (viii) the public interest to be served by a tax adjustment, including\nthe impact upon the state in the event the operator is unable to remain\nfinancially viable.\n  (2) The commission shall report their recommendation solely based on\nthe criteria listed in subparagraph one of this paragraph to the\ndirector of the division of budget who will make a final approval.\n  (3) (i) As a condition of the lower slot machine tax rate, such gaming\nfacility shall provide an initial report to the governor, the speaker of\nthe assembly, the temporary president of the senate, and the commission\ndetailing the projected use of funds resulting from such tax adjustment\nand a plan that prescribes the manner in which the licensed gaming\nfacility potentially receiving the reduction in its slot machine tax\nrate will rebuild their economic infrastructure through the rehiring of\nlaid-off employees or the creation of new jobs. Such plan shall also\nclearly establish quarterly and annual employment goals of increasing\nfull-time employees. Such initial report and accompanying plan shall be\ndue at the time a facility is granted a tax adjustment. Thereafter, an\nannual report shall be made to the governor, the speaker of the\nassembly, the temporary president of the senate, and the commission\ndetailing actual use of the funds resulting from such tax adjustment.\nSuch report shall include, but not be limited to, any impact on\nemployment levels since receiving the funds, an accounting of the use of\nsuch funds, any other measures implemented to improve the financial\nstability of the gaming facility, any relevant information that helped\nin the determination of such slot tax rate reduction, and any other\ninformation as deemed necessary by the commission. Such report shall be\ndue no later than the first day of the fourth quarter after such tax\nrate has been granted.\n  (ii) (A) At the conclusion of each year, a licensed gaming facility\nshall provide an affirmation in writing to the commission stating the\nemployment goal in clause (i) of this subparagraph or subparagraph three\nof paragraph (a) of this subdivision, was either met or not met as\ndescribed in the initial report. If the licensed gaming facility is\nfound to have not adhered to the plan by the commission, then the\napplicable slot tax rate shall be adjusted at the discretion of the\ncommission as follows:\n  1. If the actual employment number is more than fifty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nten percentage points.\n  2. If the actual employment number is more than forty percent less\nthan the employment goal, then the slot tax rate shall be increased by\neight percentage points.\n  3. If the actual employment number is more than thirty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nsix percentage points.\n  4. If the actual employment number is more than twenty percent less\nthan the employment goal, then the slot tax rate shall be increased by\nfour percentage points.\n  5. If the actual employment number is more than ten percent less than\nthe employment goal, then the slot tax rate shall be increased by two\npercentage points.\n  (B) Such finding and the reasoning thereof shall occur no later than\nthirty days following submission of the written affirmation.\n  (iii) A licensed gaming facility may petition the commission to lower\nthe tax rate applicable to its slot machines to no lower than thirty\npercent no more than once annually after the effective date of the\nchapter of the laws of two thousand twenty-one which amended this\nsubdivision. A licensed gaming facility may request a revision to its\nplan in its initial report due to unforeseen circumstances.\n  * NB Effective July 1, 2031\n  1-a. For a gaming facility licensed pursuant to title two-A of this\narticle, there is hereby imposed a tax on gross gaming revenues with the\nrates to be determined by the gaming commission pursuant to a\ncompetitive bidding process as outlined in title two-A of this article;\nprovided however that the tax rate on gross gaming revenue from slot\nmachines shall be no less than twenty-five percent and the tax rate on\ngross gaming revenue from all other sources shall be no less than ten\npercent.\n  * 1-b. As a condition of the lower slot machine tax rate taking effect\nApril first, two thousand twenty-six, pursuant to subdivision one of\nthis section, the licensed gaming facility must provide an initial\nreport to the governor, the speaker of the assembly, the temporary\npresident of the senate, and the commission clearly detailing the\nestablished quarterly and annual employment goals of increasing\nfull-time employees for each year that the facility will receive a lower\ntax rate and any substantial changes to the initial plan. This report is\ndue no later than January first, two thousand twenty-six and shall be\nposted on the commission's website.\n  * NB Repealed July 1, 2031\n  2. Permissible deductions. (a) A gaming facility may deduct from gross\ngaming revenue the amount of approved promotional gaming credits issued\nto and wagered by patrons of such gaming facility. The amount of\napproved promotional credits shall be calculated as follows:\n  (1) for the period commencing on April first, two thousand eighteen\nand ending on March thirty-first, two thousand twenty-one, an aggregate\nmaximum amount equal to nineteen percent of the base taxable gross\ngaming revenue amount during the specified period;\n  (2) for the period commencing on April first, two thousand twenty-one\nand ending on March thirty-first, two thousand twenty-three, a maximum\namount equal to nineteen percent of the base taxable gross gaming\nrevenue amount for each fiscal year during the specified period; and\n  (3) for the period commencing on April first, two thousand\ntwenty-three and thereafter, a maximum amount equal to fifteen percent\nof the base taxable gross gaming revenue amount for each fiscal year\nduring the specified period.\n  (b) For purposes of paragraph (a) of this subdivision, "base taxable\ngross gaming revenue amount" means that portion of gross gaming revenue\nnot attributable to deductible promotional credit.\n  (c) Any tax due on promotional credits deducted during the fiscal year\nin excess of the allowable deduction shall be paid within thirty days\nfrom the end of the fiscal year.\n  (d) Only promotional credits that are issued pursuant to a written\nplan approved by the commission as designed to increase revenue at the\nfacility may be eligible for such deduction. The commission, in\nconjunction with the director of the budget, may suspend approval of any\nplan whenever they jointly determine that the use of the promotional\ncredits under such plan is not effective in increasing the amount of\nrevenue earned.\n
N.Y. RSS Law § 340 — New York Code / Act RSS / Article 8 / Title 6 / Section 340
Membership of the police and fire retirement system
Status: in_force

§ 340. Membership of the police and fire retirement system. a. After\nthe effective date of this article, each person who becomes a member of\nthe New York state and local police and fire retirement system shall\nfile a duly executed application with the comptroller. Such application\nshall contain:\n  1. A detailed statement of all such person's service, and\n  2. A statement that he consents and agrees to membership and to the\ncontributions prescribed by this article.\n  b. Membership in the police and fire retirement system shall be\nmandatory for the following:\n  1. Police officers and firefighters now employed or hereafter\nappointed by an employer.\n  2. Police officers and firefighters now employed or hereafter\nappointed by a participating employer in a position in the classified\ncivil service, other than in a position in the exempt class, and who is\nnot eligible to become a member of a local pension system. The employers\nof such police officers and firefighters shall pay into the pension\naccumulation fund the amount required to pay the accrued liability on\naccount of such police officers and firefighters, as computed by the\nactuary. Such payments shall be made in such installments as the\ncomptroller shall require.\n  * 3. LIRR police officers as defined in paragraph two of subdivision a\nof section three hundred eighty-nine of this article who become such on\nor after the effective date of section three hundred eighty-nine of this\narticle.\n  * NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\n  4. Fire chief-airport, firefighters-airport, and fire\ncaptains-airport, employed by Monroe county who enter such employment\nafter their employer has elected participation in the New York state and\nlocal police and fire retirement system.\n  5. Aircraft rescue firefighters employed by the Niagara frontier\ntransportation authority who enter such employment after their employer\nhas elected participation in the New York state and local police and\nfire retirement system.\n  c. The following may become members of the police and fire retirement\nsystem:\n  * 1. Police officers and firefighters in the service of a public or\nquasi-public organization if their employer has elected to participate\nas provided in section three hundred thirty-one of this article.\n  * NB Effective until the first day of the calendar month following\nreceipt by the comptroller of the election by The Long Island Rail Road\nCompany\n  * 1. Police officers and firefighters in the service of a public or\nquasi-public organization, if their employer has elected to participate\nas provided in section three hundred thirty-one of this article,\nincluding each LIRR police officer as defined in paragraph two of\nsubdivision a of section three hundred eighty-nine of this article who\nis such on the effective date of such section three hundred eighty-nine\nand who files an election with the comptroller in accordance with\nsubdivision a of this section within ninety days after the effective\ndate of section three hundred eighty-nine of this article. Such an\nelection by a LIRR police officer shall be effective as of such\neffective date and shall be a waiver of any and all rights such officer\nmay have had to benefits under any pension plan sponsored by The Long\nIsland Rail Road Company other than the retirement plan provided for in\nsection three hundred eighty-nine of this article.\n  * NB Effective the first day of the calendar month following receipt\nby the comptroller of the election by The Long Island Rail Road Company\n  2. Officers and employees of the federal government who have at least\nfive years of member service credit at the time they become federal\nofficers or employees may continue as contributing members. The\nprovisions of this paragraph shall not affect the membership of officers\nand employees of the federal government heretofore commenced or\ncontinued hereunder, provided, however, that all memberships hereunder\nshall be conditioned upon the receipt by the police and fire retirement\nsystem of the payments required by section three hundred forty-two of\nthis article.\n  2-a. Fire chief-airport, firefighters-airport, and fire\ncaptains-airport who are employed with the county of Monroe at the time\nthat their employer elects participation in the New York state and local\npolice and fire retirement system. Such employees shall have one year\nfrom the date the employer elects to provide such participation to make\napplication for membership in such retirement system and upon filing\nsuch an election shall be transferred to the New York state and local\npolice and fire retirement system notwithstanding the provisions of\nsection three hundred forty-three of this title. Upon request for a\ntransfer of credit, the reserve on such member's benefits shall be\ndetermined by the actuary and shall be transferred from the appropriate\nfund of the first system to the appropriate fund of the second system.\nMonroe county employees transferred pursuant to this paragraph must\nserve one year under the new plan before they may receive a greater\nservice retirement benefit than they would have received had they not\ntransferred to such new plan.\n  2-b. Aircraft rescue firefighters employed by the Niagara frontier\ntransportation authority at the time that their employer elects\nparticipation in the New York state and local police and fire retirement\nsystem. Such employees shall have one year from the date the employer\nelects to provide such participation to make application for membership\nin such retirement system and upon filing such an election shall be\ntransferred to the New York state and local police and fire retirement\nsystem notwithstanding the provisions of section three hundred\nforty-three of this title. Upon request for a transfer of credit, the\nreserve on such member's benefits shall be determined by the actuary and\nshall be transferred from the appropriate fund of the first system to\nthe appropriate fund of the second system. Notwithstanding the foregoing\nprovisions of this paragraph, the portion of the reserves from the first\nsystem that consists of member contributions and applicable interest\nshall not be refunded and shall not be considered excess contributions,\nand such portion shall be used toward payment of any past service costs\narising under this section. Niagara frontier transportation authority\nemployees transferred pursuant to this paragraph must serve one year\nunder the new plan before they may receive a greater service retirement\nbenefit than they would have received had they not transferred to such\nnew plan.\n  3. Notwithstanding any inconsistent provision of subdivision e of this\nsection, or of this chapter or of any other law, an officer or employee\nin the service of the state or of a participating employer who, at the\ntime of entering such service, was or is entitled to benefits by any\nother pension or retirement system maintained by the state or a\npolitical subdivision thereof, provided such benefits, exclusive of any\nannuity based solely on his or her own contributions and interest\nthereon, are suspended during his or her active membership in the police\nand fire retirement system. He or she shall contribute to the retirement\nsystem as a new member.\n  d. A member, discontinued from police or fire service because the\noffice in which he was employed was transferred to:\n  1. The federal government, or\n  2. Any public authority or public corporation organized pursuant to\nthe laws of this state and which is not a participating employer,\nmay file a written election with the comptroller stating that he or she\nelects to continue as a member. Such election shall be subject to the\napproval of the comptroller and such continuance shall be conditioned\nupon the receipt by the police and fire retirement system of the\npayments required by section three hundred forty-two of this article.\n  e. Any person who is or may be entitled to benefits by any other law\nproviding for pensions and annuities for civil service employees, wholly\nor partly at the expense of the state or of a political subdivision\nthereof, shall not be a member of the police and fire retirement system.\nThis provision, however, shall not:\n  1. Affect the membership of any person who was a member of the New\nYork state and local employees' retirement system on April first,\nnineteen hundred sixty-seven and who became a member of the police and\nfire retirement system after such date.\n  2. Exclude from membership any person paid a salary from two or more\nsources, each of which entitles him to membership in a retirement\nsystem.\n  3. Exclude from membership any person holding office pursuant to\nappointment by the governor by and with the advice and consent of the\nsenate, who at the time of such appointment would otherwise be entitled\nto a retirement allowance wholly or partly at the expense of the state\nor of a political subdivision thereof.\n  4. Exclude from membership any person who is or may become eligible\nfor old-age and survivors insurance benefits pursuant to the provisions\nof this chapter except where his position was or is excluded from\neligibility for membership in this retirement system in order to extend\nold-age and survisors insurance coverage to it and such eligibility\nshall not have been restored.\n  f. Termination of membership. Membership in the police and fire\nretirement system shall cease upon the occurrence of any one of the\nfollowing conditions:\n  1. When seven years have elapsed since a member has performed police\nand/or fire service provided, however, that no part of such seven year\nperiod shall run during such time as a member, with at least five years\nof member service credit, shall serve as an officer or employee of the\nfederal government or the United Nations or other international\norganizations of which the United States of America is a member.\n  2. When a member shall die.\n  3. When a member shall retire.\n  4. When a member shall have withdrawn all or part of his accumulated\ncontributions. Acceptance by a member of a refund of excess\ncontributions pursuant to the provisions of any section of this article\nor borrowing from his fund in the retirement system pursuant to section\nthree hundred fifty of this article shall not terminate his membership.\nAcceptance of such a refund of excess contributions by a member entitled\nto a vested retirement allowance pursuant to section three hundred\nseventy-six of this chapter shall not terminate his right to such vested\nretirement allowance nor shall acceptance by him of a refund of the\namount of his contributions and regular interest thereon which is in\nexcess of the amount of the accumulated contributions which he would\nthen have to his credit had he been contributing on the basis of his\nrate of normal contribution terminate his right to such vested\nretirement allowance.\n  5. When a member who has not attained eligibility for a retirement\nallowance or a vested retirement allowance has discontinued service with\nthe state or a participating employer for a period of at least thirty\nconsecutive days and has requested termination of membership on a form\nprepared by the comptroller for such purpose by filing such form with\nthe comptroller. If such person subsequently rejoins the retirement\nsystem within five years from the date he discontinued service with the\nstate or a participating employer, such person shall be entitled to\nevery retirement right, benefit and privilege which would have been\navailable to him had he reentered employment on the date of such\ndiscontinuance from service.\n  g. As to any class of persons whose compensation is only partly paid\nby the state or a participating employer or who are serving on a\ntemporary or other than per annum basis, the comptroller in his\ndiscretion, may:\n  1. Deny the right to become members, or\n  2. Make optional the individual entrance of those whose membership\notherwise would be mandatory.\n
N.Y. SOS Law § 111-B — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-B
Functions, powers and duties of the department
Status: in_force

§ 111-b. Functions, powers and duties of the department. 1. The single\norganizational unit within the department shall be responsible for the\nsupervision of the activities of state and local officials relating to\nestablishment of paternity of children born out-of-wedlock, location of\nabsent parents and enforcement of support obligations of legally\nresponsible relatives to contribute for the support of their dependents.\n  2. The department is hereby authorized to accept, on behalf of the\nstate and the social services districts concerned, assignments of\nsupport rights owed to persons receiving (i) aid to dependent children\npursuant to title ten of article five of this chapter or, (ii) where\nappropriate, foster care maintenance payments made pursuant to title\nIV-E of the federal social security act; provided however, that it will\nnot be appropriate where such requirement will have a negative impact\nupon the health, safety or welfare of such child or other individuals in\nthe household or impair the likelihood of the child returning to his or\nher family when discharged from foster care or, (iii) home relief\npursuant to title three of article five of this chapter. Notwithstanding\nany inconsistent provisions of title six of this article or any other\nprovisions of law, the department may enforce such assigned support\nrights either directly, through social services officials or, if there\nis in effect an approved agreement between the social services official\nand another governmental agency, through such other agency. In any\nproceeding to enforce such assignment, the official bringing such\nproceeding shall have the same rights as if the proceeding were being\nbrought to enforce section four hundred fifteen of the family court act.\n  2-a. The department shall prepare a notice which shall be distributed\nby social services officials to persons who may be required to assign\nsupport rights which notice shall explain the rights and obligations\nthat may result from the establishment of paternity and the right of the\nassignor to be kept informed, upon request, of the time, date and place\nof any proceedings involving the assignor and such other information as\nthe department believes is pertinent. The notice shall state that the\nattorney initiating the proceeding represents the department.\n  3. In appropriate cases, the department is authorized to utilize\nsupport enforcement and collection and location services made available\nthrough the secretary of health and human services, including the\nservices of federal courts, the federal parent locator service, the\nfederal case registry of child support orders, the national directory of\nnew hires, and the treasury department, if and so long as authorized and\nrequired by federal law.\n  4. The department shall maintain and operate a parent locator service\nwith respect to cases being provided services pursuant to this title.\n  To effectuate the purposes of this subdivision, the commissioner shall\nrequest and receive from the departments, authorities, boards, bureaus,\ncommissions, corporations, councils, funds, offices, or other agencies\nof the state, or any of its political subdivisions, and all such\norganizational entities of the state and social services districts are\nhereby directed, to provide and the political subdivisions are hereby\nauthorized to provide, such assistance and data as will enable the\ndepartment and social services districts to properly carry out their\npowers and duties to locate such parents and to enforce their liability\nfor the support of their children. Any records established pursuant to\nthe provisions of this section shall be available only to the secretary\nof health and human services, office of the inspector general, social\nservices districts, district attorneys, county attorneys, corporation\ncounsels, and courts having jurisdiction in any proceeding under article\nfour, five, five-A, or five-B of the family court act; provided,\nhowever, no organizational entity of the state need make available any\ndata or information which is otherwise required by statute to be\nmaintained in a confidential manner.\n  4-a. (a) The department shall maintain and operate a state case\nregistry that contains records with respect to:\n  (1) each case receiving services pursuant to this title; and\n  (2) each support order established or modified in the state on or\nafter the first day of October, nineteen hundred ninety-eight.\n  (b) For the purpose of subparagraph two of paragraph (a) of this\nsubdivision, the term support order means a judgment, decree, or order,\nwhether temporary, final, or subject to modification, issued by a court\nor an administrative agency of competent jurisdiction, including any\nadjusted order issued by a support collection unit, for the support and\nmaintenance of a child, including a child who has attained the age of\nmajority under the law of the issuing state, or a child and the parent\nwith whom the child is living, which provides for monetary support,\nhealth care, arrearages, or reimbursement, and which may include related\ncosts and fees, interest and penalties, income withholding, attorney's\nfees, and other relief.\n  (c) Each case record in the state case registry with respect to cases\ndescribed in subparagraph one of paragraph (a) of this subdivision for\nwhich a support order has been established shall include a record of:\n  (1) the amount of monthly (or other periodic) support owed under the\norder, and other amounts (including arrearages, interest or late payment\npenalties, and fees) due or overdue under the order;\n  (2) any amount described in subparagraph one of this paragraph that\nhas been collected;\n  (3) the distribution of such collected amounts;\n  (4) the birth date of any child for whom the order requires the\nprovision of support; and\n  (5) the amount of any lien imposed with respect to the order pursuant\nto section one hundred eleven-u of this article.\n  (d) The department shall update and monitor each case record in the\nstate registry described in subparagraph one of paragraph (a) of this\nsubdivision on the basis of:\n  (1) information on administrative actions and administrative and\njudicial proceedings and orders relating to paternity and support;\n  (2) information obtained from comparison with federal, state or local\nsources of information;\n  (3) information on support collections and distributions; and\n  (4) any other relevant information.\n  (e) Information maintained as part of the state case registry shall be\nmade available to other state and federal agencies as provided for in\nfederal statutes and regulations promulgated by the federal secretary of\nhealth and human services.\n  5. (a) There shall be established for each state fiscal year a\nstatewide child support collections goal for amounts of collections of\nsupport obligations pursuant to this title, which goal shall be set\nforth in that portion of the state's local assistance budget intended\nfor the appropriation of reimbursement to social services districts\npursuant to this chapter. The commissioner shall, subject to the\napproval of the director of the budget, annually allocate a portion of\nthe statewide goal to each social services district, which portion shall\nbe based upon the district's portion of the statewide aid to dependent\nchildren program and other relevant factors.\n  (b) Notwithstanding any inconsistent provision of section one hundred\nfifty-three of this chapter, for each social services district which\nfails to meet its portion of the collection goal established by this\nsection, the commissioner shall deny state reimbursement for such\ndistrict's expenditures for aid to dependent children, in an amount\nequal to the difference between the amount of non-federal funds such\ndistrict is required to repay to the state out of collections actually\nmade and the amount of non-federal funds such district would have been\nrequired to repay to the state had it met its collection goal.\n  (c) Any social services district which has been determined to have\nfailed to meet its portion of the collection goal may request a\nredetermination by the commissioner or his designee in a manner to be\nestablished by department regulations. Upon a showing by such district\nthat such failure was due in whole or in part to factors other than\nthose administrative and processing functions or organizations which are\nsubject to the jurisdiction of such district's local legislative body,\nthe commissioner shall waive such failure in whole or in part and shall\nrestore all or a corresponding portion of any state reimbursement\npreviously denied pursuant to this section.\n  (d) For purposes of determining the amount of child support\ncollections which are attributable toward meeting a district's portion\nof the statewide collections goal, any amounts collected by one social\nservices district on behalf of another shall be credited to the district\nto which support payments have been assigned. Support payments collected\non behalf of another state or on behalf of persons not in receipt of aid\nto dependent children shall not be taken into consideration in\ndetermining whether such district has met its goal.\n  (e) The department may for purposes of administrative convenience set\nmonthly or quarterly goals based upon each district's annual goal and\nmay deny reimbursement on a monthly or quarterly basis, subject to a\nfinal adjustment at the end of each year reflecting the extent to which\neach such district has met its portion of the statewide annual goal.\n  6. When the commissioner has determined that a social services\ndistrict has failed to meet its portion of the statewide child support\ncollections goal, as determined in accordance with the provisions of\nsubdivision five of this section, or has failed to comply with the\napplicable provisions of federal law and regulations, he shall notify\nsuch district and the appropriate local legislative body of such\ndetermination and may promulgate any regulations he determines are\nnecessary to improve such district's organization, administration,\nmanagement or program. Such regulations shall be fully complied with by\nthe effective date of such regulations.\n  7. The department, through the commissioner, shall enter into the\nagreement provided for in section one hundred seventy-one-c of the tax\nlaw and is authorized to furnish to the commissioner of taxation and\nfinance and the state tax commission such information and to take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section, for the crediting of overpayments of tax to\npast-due support which is owed to persons receiving services pursuant to\nthis title and title six-B of this article. A person receiving services\nunder this title shall receive a pro rata share of the overpayment of\ntax, based on the amount of past-due support owed to such person as\ncertified to the tax commission by the department pursuant to section\none hundred seventy-one-c of the tax law, in cases where the individual,\nestate or trust owing past-due support to such person owes past-due\nsupport to other persons or entities so certified to the tax commission\nby the department. Amounts certified to the state tax commission under\nsuch agreement may include amounts specified in subdivision eight of\nthis section. The amount paid by the state comptroller to the department\npursuant to subdivision one of section one hundred seventy-one-c of the\ntax law shall be distributed in accordance with applicable provisions of\nthis chapter and the department's regulations. To the extent permitted\nby federal law, the department may also certify amounts to the federal\ndepartment of health and human services for tax interception to the same\nextent as it certifies amounts pursuant to such section of the tax law.\n  The department shall by regulation establish procedures by which any\nindividual, estate or trust which is the subject of a certification to\nthe state tax commission in accordance with such agreement may contest\nsuch certification based on defenses that are not subject to family\ncourt jurisdiction. Such regulations and the notice required by\nsubdivision four of section one hundred seventy-one-c of the tax law\nshall set forth defenses which may be available to the individual,\nestate or trust to contest such certification, and the manner in which a\nreview of the certification based on such defenses may be obtained.\n  8. (a) Amounts certified to the state tax commission under the\nagreement described in subdivision seven of this section for persons who\nare receiving services pursuant to this title may include:\n  (i) amounts representing delinquencies which have accrued under a\ncourt order of support;\n  (ii) with respect to any court order of support made before September\nfirst, nineteen hundred eighty-four which provided for periodic payments\ntoward an established arrears amount, the entire amount of such arrears\nwhere the respondent is, at any time after September first, nineteen\nhundred eighty-four, delinquent in making such periodic payments; and\n  (iii) with respect to any court order of support made on or after\nSeptember first, nineteen hundred eighty-four which establishes an\narrears amount, the entire amount of such arrears, unless such order\nincludes a finding that anticipated tax refunds pursuant to the most\nrecently filed state and federal tax returns have been considered by the\ncourt and taken into account in determining the amount of periodic\npayments to be made toward the arrears amount, or in determining the\namount of the current support order, and expressly provides that such\narrears are not to be so certified.\n  (b) For the purpose of the state child support program any payment\nmade by a respondent which is insufficient to fully satisfy both a\ncurrent court order of support and a periodic payment toward the balance\nof any arrears amount established by court order shall be first applied\ntoward the current order of support or any delinquency thereon and then\ntoward the periodic payment on any arrears amount established by court\norder unless otherwise required by federal regulation.\n  * 10. (a) The department, through the commissioner, shall enter into\nthe agreement provided for in section sixteen hundred thirteen-a of the\ntax law and is authorized to furnish to the director of the lottery and\nthe division of the lottery such information and to take such other\nactions as may be necessary to carry out the provisions of the agreement\nprovided for in such section, for the crediting of lottery prizes of six\nhundred dollars or more to past-due support which is owed to persons\nreceiving services pursuant to this title. A person receiving services\nunder this title shall receive a pro rata share of the prize winning\nbased on the amount of past-due support owed to such person as provided\nto the division of the lottery by the department pursuant to section\nsixteen hundred thirteen-a of the tax law, in cases where the\nindividual, estate or trust owing past-due support to such person owes\npast-due support to other persons or entities so provided to the\ndivision of the lottery by the department. Amounts provided to the\ndivision of the lottery under such agreement may include amounts\nspecified in this subdivision. The amount paid by the state comptroller\nto the department pursuant to subdivision one of section sixteen hundred\nthirteen-a of the tax law shall be distributed in accordance with\napplicable provisions of this chapter and the department's regulations.\n  (b) The department shall by regulation establish procedures by which\nany individual, estate or trust which is the subject of crediting of any\nlottery prize of six hundred dollars or more to the state division of\nthe lottery in accordance with such agreement may contest such crediting\nbased on defenses that are not subject to family court jurisdiction.\nSuch regulations shall require that notice be given to the individual,\nestate or trust which shall set forth:\n  (i) defenses which may be available to the individual, estate or trust\nto contest such crediting;\n  (ii) the manner in which a review of the crediting of lottery prizes\nof six hundred dollars or more based on such defenses may be obtained;\n  (iii) the address and telephone number of the local department of\nsocial services' support collection unit which may be contacted with\nrespect to correction of any error in such crediting concerning such\nindividual's, estate's or trust's liability for past-due support or with\nrespect to payment of such liability; and\n  (iv) the time frame by which such a defense must be made.\n  * NB There are 2 sb 10's\n  * 10. The commissioner must review the child support standards act at\nleast once every four years to ensure that its application results in\nthe determination of appropriate child support amounts. As part of such\nreview, the commissioner must consider economic data on the cost of\nraising children and analyze case data, gathered through sampling or\nother methods, on the application of, and deviations from the basic\nchild support obligation. The analysis of the data must be used to\nensure that such deviations are limited and, if appropriate, necessary\nrevisions to the child support standards act must be submitted to the\nlegislature to accomplish such purpose.\n  * NB There are 2 sb 10's\n  11. (a) Amounts certified to the division of the lottery under the\nagreement described in subdivision ten of this section for persons who\nare receiving services pursuant to this title may include:\n  (i) amounts representing delinquencies which have accrued under a\ncourt order of support;\n  (ii) with respect to any court order of support made which establishes\nan arrears amount, the entire amount of such arrears.\n  (b) For the purpose of the state child support program any payment\nmade by a respondent which is insufficient to fully satisfy both a\ncurrent court order of support and a periodic payment toward the balance\nof any arrears amount established by court order shall be first applied\ntoward the current order of support or any delinquency thereon and then\ntoward the periodic payment on any arrears amount established by court\norder unless otherwise required by federal regulation.\n  * 12. (a) The department, through the commissioner, shall enter into\nthe agreement provided for in section five hundred ten of the vehicle\nand traffic law and is authorized to furnish to the commissioner of\nmotor vehicles such information and to take such actions as may be\nnecessary to carry out the agreement provided for in such section, for\nthe enforcement of child support orders through the suspension of\ndelinquent obligors' driving privileges.\n  (b) (1) When a support obligor who is or was under a court order to\npay child support or combined child and spousal support to a support\ncollection unit on behalf of persons receiving services under this title\nhas accumulated support arrears equivalent to or greater than the amount\nof support due pursuant to such order for a period of four months, the\noffice of temporary and disability assistance shall notify the support\nobligor in writing that his or her continued failure to pay the support\narrears shall result in notification to the department of motor vehicles\nto suspend the support obligor's driving privileges unless the support\nobligor complies with the requirements set forth in paragraph (e) of\nthis subdivision. For purposes of determining whether a support obligor\nhas accumulated support arrears equivalent to or greater than the amount\nof support due for a period of four months, the amount of any\nretroactive support, other than periodic payments of retroactive support\nwhich are past due, shall not be included in the calculation of support\narrears pursuant to this section; however, if at least four months of\nsupport arrears have accumulated subsequent to the date of the court\norder, the entire amount of any retroactive support may be collected\npursuant to the provisions of this subdivision or as otherwise\nauthorized by law.\n  (2) The department shall provide the notice required by subparagraph\none of this paragraph by first class mail to the support obligor's last\nknown address or such other place where the support obligor is likely to\nreceive notice, or in the same manner as a summons may be served.\nForty-five days after the date of such notice, if the support obligor\nhas not challenged the determination of the support collection unit\npursuant to subparagraph one of paragraph (d) of this subdivision or if\nthe support obligor has failed to satisfy the arrears/past due support\nor to otherwise comply with the requirements set forth in paragraph (e)\nof this subdivision, the department shall notify the department of motor\nvehicles that the support obligor's driving privileges are to be\nsuspended pursuant to section five hundred ten of the vehicle and\ntraffic law. Upon the support obligor's compliance with the provisions\nof paragraph (e) of this subdivision, the department shall advise the\ndepartment of motor vehicles within five business days that the\nsuspension of the support obligor's driving privileges shall be\nterminated. If the support obligor appears in person at the support\ncollection unit to satisfy the requirements of paragraph (e) of this\nsubdivision, the support collection unit shall immediately provide a\nnotice of compliance to the support obligor, in addition to the notice\nsent directly to the department of motor vehicles.\n  (3) Notwithstanding the requirements of this subdivision, no notice\nshall be issued by the department pursuant to subparagraph one of this\nparagraph to a support obligor from whom support payments are being\nreceived by the support collection unit as a result of an income\nexecution or an income deduction order issued pursuant to section five\nthousand two hundred forty-one or five thousand two hundred forty-two of\nthe civil practice law and rules.\n  (c) The notice provided to a support obligor by the department\npursuant to paragraph (b) of this subdivision shall contain the caption\nof the order of support, the date the order of support was entered, the\ncourt in which it was entered, the amount of the periodic payments\ndirected, and the amount of arrears/past due support. In addition, the\nnotice shall include:\n  (1) an explanation of the action required pursuant to paragraph (e) of\nthis subdivision to be taken by the support obligor to avoid the\nsuspension of his or her driving privileges;\n  (2) a statement that forty-five days after the date of the notice, the\ndepartment of motor vehicles will be notified to suspend the support\nobligor's driving privileges unless the support obligor may challenge\nthe support collection unit's determination as set forth in paragraph\n(d) of this subdivision within forty-five days of the date of such\nnotice; a statement of the manner in which the support obligor may\nchallenge the determination, and a statement that if the support obligor\nchallenges the determination, a review will be completed by the support\ncollection unit within seventy-five days of the date of the notice;\n  (3) a statement that if the support obligor does not challenge the\nsupport collection unit's determination then the department of motor\nvehicles shall be notified to suspend the support obligor's driving\nprivileges unless the support obligor contacts the support collection\nunit to arrange for full payment or commencement of satisfactory payment\narrangements on the arrears/past due support, or to comply otherwise\nwith the requirements set forth in paragraph (e) of this subdivision,\nwithin forty-five days of the date of the notice;\n  (4) the address and telephone number of the support collection unit\nthat the support obligor may contact to request information about a\nchallenge or to comply with the requirements set forth in paragraph (e)\nof this subdivision;\n  (5) a statement that the suspension of driving privileges will\ncontinue until the support obligor pays the support arrears or complies\notherwise with the requirements set forth in paragraph (e) of this\nsubdivision; and\n  (6) a statement printed in boldface type that the support obligor's\nintentional submission of false written statements to the support\ncollection unit for the purpose of frustrating or defeating the lawful\nenforcement of support obligations is punishable pursuant to section\n175.35 of the penal law.\n  (d) (1) A support obligor may challenge in writing the correctness of\nthe determination of the support collection unit that the obligor's\ndriving privileges should be suspended, and in support of the challenge\nmay submit documentation demonstrating mistaken identity, error in\ncalculation of arrears, financial exemption from license suspension\npursuant to the conditions enumerated in paragraph (e) of this\nsubdivision, the absence of an underlying court order to support such\ndetermination, or other reason that the person is not subject to such\ndetermination. Such documents may include but are not limited to a copy\nof the order of support pursuant to which the obligor claims to have\nmade payment, other relevant court orders, copies of cancelled checks,\nreceipts for support payments, pay stubs or other documents identifying\nwage withholding, and proof of identity. The support collection unit\nshall review the documentation submitted by the support obligor, shall\nadjust the support obligor's account if appropriate, and shall notify\nthe support obligor of the results of the review initiated in response\nto the challenge within seventy-five days from the date of the notice\nrequired by paragraph (b) of this subdivision. If the support collection\nunit's review indicates that the determination to suspend driving\nprivileges was correct, the support collection unit shall notify the\nsupport obligor of the results of the review and that the support\nobligor has thirty-five days from the date of mailing of such notice to\nsatisfy the full amount of the arrears or commence payment of the\narrears/past due support as specified in paragraph (e) of this\nsubdivision and if the support obligor fails to do so, the support\ncollection unit shall notify the department of motor vehicles to suspend\nthe support obligor's driving privileges pursuant to section five\nhundred ten of the vehicle and traffic law. The support obligor shall be\nfurther notified that if the support obligor files objections with the\nfamily court and serves these objections on the support collection unit\nwithin thirty-five days from the date of mailing of the notice denying\nthe challenge pursuant to subdivision five of section four hundred\nfifty-four of the family court act, the support collection unit shall\nnot notify the department of motor vehicles to suspend the support\nobligor's driving privileges until fifteen days after entry of judgement\nby the family court denying the objections.\n  (2) A support obligor may within thirty-five days of mailing of the\nnotice denying his or her challenge by the support collection unit\nrequest that the family court review the support collection unit's\ndetermination pursuant to subdivision five of section four hundred\nfifty-four of the family court act. If the support obligor requests the\nfamily court to review the determination of the support collection unit,\nthe support collection unit shall not notify the department of motor\nvehicles to suspend the support obligor's driving privileges until\nfifteen days after mailing of a copy of the judgment by the family court\nto the support obligor denying the objections.\n  (e) A support obligor who has received a notice that his or her\ndriving privileges shall be suspended may avoid the suspension by:\n  (1) making full payment of all arrears/past due support to the support\ncollection unit; or\n  (2) making satisfactory payment arrangements with the support\ncollection unit for payment of the arrears/past due support and the\ncurrent support obligation. "Satisfactory payment arrangements" shall\nmean:\n  (i) execution of a confession of judgment for the total balance of the\narrears/past due support; and\n  (ii) execution of a verified statement of net worth on a form\nprescribed by the commissioner setting forth the obligor's income from\nall sources, liquid assets and holdings, copies of the obligor's drivers\nlicense, most recent federal and state tax return, and a representative\npay stub, and an eighteen month employment history; and\n  (iii) execution and verification of a stipulation that the obligor\nwill notify the support collection unit of all future changes of address\nuntil such time as the obligation to pay support is terminated; and\n  (iv) payment of support to the support collection unit by income\nexecution pursuant to section five thousand two hundred forty-one of the\ncivil practice law and rules, which shall include deductions sufficient\nto ensure compliance with the direction in the order of support and\nshall include an additional amount to be applied to the reduction of\narrears as required by subdivision (b) of such section, or by execution\nof an agreement for payment of the arrears/past due support and any\ncurrent support directly to the support collection unit in an amount\nwhich is consistent with that which would have been made under such an\nincome execution; provided however, that where the support obligor fails\nto comply with the agreement, he/she may avoid or terminate the\nsuspension of driving privileges only by making at least fifty percent\npayment of all arrears/past due support to the support collection unit\nand in addition, entering into a payment plan pursuant to this\nsubdivision with the support collection unit within fifteen days.\nHowever, in any case when the support obligor fails to comply with a\npayment plan as described herein more than once within twelve months,\nthe obligor must pay the balance of all arrears/past due support to\navoid or terminate license suspension. "Failure to comply" for these\npurposes shall mean missing payments in an amount equivalent to four\nmonths of support under the payment plan, unless the support obligor\ndemonstrates that he or she has filed a petition for modification that\nis pending; or\n  (3) providing documentation that shows the support obligor is\nreceiving public assistance or supplemental security income; or\n  (4) providing to the support collection unit the documentation\nrequired by clauses (i) through (iii) of subparagraph two of this\nparagraph, where such documentation is sufficient for the support\ncollection unit to determine:\n  (i) that the support obligor's income, as defined by subparagraph five\nof paragraph (b) of subdivision one of section four hundred thirteen of\nthe family court act, falls below the self-support reserve as defined by\nsubparagraph six of paragraph (b) of subdivision one of section four\nhundred thirteen of the family court act; or\n  (ii) that the amount of the support obligor's income, as defined by\nsubparagraph five of paragraph (b) of subdivision one of section four\nhundred thirteen of the family court act, remaining after the payment of\nthe current support obligation would fall below the self-support reserve\nas defined by subparagraph six of paragraph (b) of subdivision one of\nsection four hundred thirteen of the family court act.\n  (f) A support obligor who alleges that he or she has not received\nactual notice pursuant to paragraph one of subdivision (b) of this\nsection and whose driving privileges were suspended may at any time\nrequest a review pursuant to subdivision (d) of this section or comply\nwith the requirements of subdivision (e) of this section, and upon a\ndetermination that he or she has not accumulated support arrears\nequivalent to or greater than the amount of support due for a period of\nfour months or that he or she meets the requirements of subdivision (e)\nof this section, the department shall notify the department of motor\nvehicles that the suspension of driving privileges shall be terminated.\n  * NB Repealed August 31, 2027\n  13. (a) The commissioner shall enter into the agreement provided for\nin section one hundred seventy-one-g of the tax law and is authorized to\nfurnish to the commissioner of taxation and finance any information, and\nto take such other actions, as may be necessary to carry out the\nagreement provided for in such section, for the purpose of reviewing\nsupport orders pursuant to subdivision twelve of section one hundred\neleven-h of this title.\n  (b) Information obtained under paragraph (a) of this subdivision shall\nbe confidential and shall not be disclosed to persons or agencies other\nthan those entitled to such information when such disclosure is\nnecessary for the proper administration of the child support enforcement\nprogram pursuant to this title.\n  14. For purposes of this subdivision, the department or, pursuant to\ncontract, a fiscal agent is authorized to collect and disburse any\nsupport paid pursuant to any order of child support or combined child\nand spousal support issued on or after the first day of January,\nnineteen hundred ninety-four under the provisions of section two hundred\nthirty-six or two hundred forty of the domestic relations law, or\narticle four, five, five-A or five-B of the family court act, and which\nthe court has ordered to be paid pursuant to an income execution issued\nby the sheriff, the clerk of the court, or the attorney for the creditor\npursuant to subdivision (c) of section five thousand two hundred\nforty-one of the civil practice law and rules or an income deduction\norder issued by the court pursuant to subdivision (c) of section five\nthousand two hundred forty-two of the civil practice law and rules. Such\nsupport received shall be disbursed within two business days of receipt.\nThe department shall maintain records of its collection and disbursement\nof such support and furnish such records to the parties to the order\nupon request. The department shall be entitled to collect an annual\nservice fee not to exceed the maximum fee permitted pursuant to federal\nlaw for its provision of such services. Funds received in satisfaction\nof such fee shall be deposited in an account and shall be made available\nto the department for costs incurred in the implementation of this\nsection. The department shall not furnish any additional services to the\nparties; however, a party seeking child support services may apply for\nsuch services pursuant to section one hundred eleven-g of this title.\nThe department shall not be responsible for the collection and\ndisbursement of any support until after it has received a copy of the\nincome execution from the sheriff, the clerk of the court, or the\nattorney for the creditor or a copy of the income deduction order issued\nby the court and the person entitled to the payment of support pursuant\nto the order of support has submitted payment of the annual service fee\nif any, and unless its records show that it has received such support on\nbehalf of the parties to the order, and that the party to whom the funds\nare to be disbursed has provided the department with any address\nchanges.\n  15. (a) The department, through the commissioner, shall enter into the\nagreement provided for in section one hundred seventy-one-i of the tax\nlaw and is authorized to furnish to the commissioner of taxation and\nfinance such information and to take such other actions as may be\nnecessary to carry out such agreement.\n  (b) (1) When a support obligor who is or was under a court order to\npay child support or combined child and spousal support to a support\ncollection unit on behalf of persons receiving services under this title\nhas accumulated support arrears equivalent to or greater than the amount\nof support due pursuant to such order for a period of four months, the\noffice of temporary and disability assistance shall notify the support\nobligor in writing that his or her continued failure to fully pay the\nsupport arrears shall result in notification to the department of\ntaxation and finance that they are authorized to collect such arrearage.\nFor purposes of determining whether a support obligor has accumulated\nsupport arrears equivalent to or greater than the amount of support due\nfor a period of four months, the amount of any retroactive support,\nother than periodic payments of retroactive support which are past due,\nshall not be included in the calculation of support arrears pursuant to\nthis section; however, if at least four months of support arrears have\naccumulated subsequent to the date of the court order, the entire amount\nof any retroactive support may be collected pursuant to the provisions\nof this subdivision or as otherwise authorized by law.\n  (2) The department shall provide the notice required by subparagraph\none of this paragraph by first class mail to the support obligor's last\nknown address or such other place where the support obligor is likely to\nreceive notice by first class mail. Forty-five days after the date of\nsuch notice, if the support obligor has not challenged the determination\nof the support collection unit pursuant to subparagraph one of paragraph\n(d) of this subdivision or if the support obligor has failed to satisfy\nthe arrears, the department shall notify the department of taxation and\nfinance that the support obligor's support arrearage are authorized to\nbe collected as prescribed in subparagraph one of this paragraph.\n  (3) Notwithstanding the requirements of this subdivision, no notice\nshall be issued by the department pursuant to subparagraph one of this\nparagraph to a support obligor from whom support payments are being\nreceived by the support collection unit as a result of an income\nexecution or an income deduction order issued pursuant to section five\nthousand two hundred forty-one or five thousand two hundred forty-two of\nthe civil practice law and rules.\n  (c) The notice provided to a support obligor by the department\npursuant to paragraph (b) of this subdivision shall contain the caption\nof the order of support, the date the order of support was entered, the\ncourt in which it was entered, the amount of the periodic payments\ndirected, and the amount of arrears. In addition, the notice shall\ninclude:\n  (1) a statement that unless the support arrears are satisfied within\nforty-five days after the date of the notice, the department of taxation\nand finance will be notified that they are authorized to commence\ncollection action unless the support obligor challenges the support\ncollection unit's determination as set forth in paragraph (d) of this\nsubdivision within forty-five days of the date of such notice; a\nstatement of the manner in which the support obligor may challenge the\ndetermination, and a statement that if the support obligor challenges\nthe determination, a review will be completed by the support collection\nunit within seventy-five days of the date of the notice;\n  (2) a statement that if the support obligor does not challenge the\nsupport collection unit's determination then the department of taxation\nand finance shall be notified that they are authorized to commence\ncollection action unless the support obligor contacts the support\ncollection unit to arrange for full payment of the arrears;\n  (3) the address and telephone number of the support collection unit\nthat the support obligor may contact to request information about a\nchallenge to the determination of the support collection unit;\n  (4) a statement that the collection actions by the department of\ntaxation and finance is authorized to continue until the support obligor\npays the support arrears; and\n  (5) a statement printed in boldface type that the support obligor's\nintentional submission of false written statements to the support\ncollection unit for the purpose of frustrating or defeating the lawful\nenforcement of support obligations is punishable pursuant to section\n175.35 of the penal law.\n  (d) A support obligor who has received a notice that his or her\nsupport arrearage shall be referred to the department of taxation and\nfinance for collection action may avoid such action by making payment of\nall arrears to the support collection unit; providing documentation that\nshows the support obligor is receiving public assistance, medical\nassistance, food stamps or supplemental security income; or providing to\nthe support collection unit the documentation sufficient for the support\ncollection unit to determine:\n  (1) an error in the calculation of the obligor's support arrears which\nwould render the obligor ineligible for collection by the department of\ntaxation and finance; or\n  (2) a mistake in the identity of the obligor showing that the\nindividual making the challenge is not the obligor identified by the\ndepartment; or\n  (3) the absence of an underlying court order for support pursuant to\nwhich the obligor's arrears gave rise to eligibility for collection\naction on such arrears by the department of taxation and finance.\n  16. Bureaus of special hearings; child support unit. (a) The\ndepartment is authorized to establish a bureau of special hearings;\nchild support unit solely for the purposes of providing administrative\nlaw judges to decide objections to the determination of a support\ncollection unit to refer an obligor's arrears to the department of\ntaxation and finance for collection pursuant to subdivision nineteen of\nsection one hundred eleven-h of this title. The administrative law\njudges employed by the unit shall serve exclusively within the unit and\nshall not be utilized for any purpose other than those described in this\nsubdivision and shall be salaried employees of the department and shall\nnot be removed from such unit except for cause.\n  (b) The unit shall review a support collection unit's denial of a\nchallenge made by a support obligor pursuant to paragraph two of\nsubdivision nineteen of section one hundred eleven-h of this title if\nobjections thereto are filed by a support obligor who has received\nnotice that the department intends to notify the department of taxation\nand finance to collect such support obligor's support arrears. Specific\nwritten objections to a support collection unit's denial must be\nsubmitted by the support obligor to the unit within thirty days of the\ndate of the notice of the support collection unit's denial. A support\nobligor who files such objections shall serve a copy of the objections\nupon the support collection unit, which shall have ten days from such\nservice to file a written rebuttal to such objections and a copy of the\nrecord upon which the support collection unit's denial was made,\nincluding all documentation submitted by the support obligor. Proof of\nservice shall be filed with the unit at the time of filing of objections\nand any rebuttal. The unit's review shall be based solely upon the\nrecord and submissions of the support obligor and the support collection\nunit upon which the support collection unit's denial was made. Within\nfifteen days after the rebuttal, if any, is filed, an administrative law\njudge of the unit shall (i) deny the objections and remand to the\nsupport collection unit or (ii) affirm the objections if the\nadministrative law judge finds the determination of the support\ncollection unit is based upon an erroneous determination of fact by the\nsupport collection unit. Such decision shall pertain solely to the\nmistaken identity of the obligor, a prejudicial error in the calculation\nof the obligor's arrears, the obligor's financial exemption from\ncollection of support arrears by the department of taxation and finance\nor the absence of an underlying court order establishing arrears to\nsupport eligibility for such enforcement. Upon an affirmation of the\nobjections the administrative law judge shall direct the support\ncollection unit not to notify the department of taxation and finance of\ntheir authority to collect the support obligor's arrears. Provisions set\nforth in this subdivision relating to procedures for hearing objections\nby the unit shall apply solely to such cases and not affect or modify\nany other procedure for review or appeal of administrative enforcement\nof child support requirements. The decision of the administrative law\njudge pursuant to this section shall be final and not reviewable by the\ncommissioner, and shall be reviewable only pursuant to article\nseventy-eight of the civil practice law and rules.\n  17. Special services for review and adjustment. The department shall\ndevelop procedures for and require local social services districts to\ndedicate special staff to the review and adjustment of child support\norders entered prior to September fifteenth, nineteen hundred\neighty-nine on behalf of children in receipt of public assistance or\nchild support services pursuant to section one hundred eleven-g of this\ntitle. Such review and adjustment shall be performed pursuant to\nsubdivisions twelve, thirteen, fourteen, fifteen and sixteen of section\none hundred eleven-h of this title. All such cases shall be reviewed and\nif necessary adjusted no later than December thirty-first, two thousand.\n
N.Y. PBH Law § 2168 — New York Code / Act PBH / Article 21 / Title 6 / Section 2168
Statewide immunization information system
Status: in_force

§ 2168. Statewide immunization information system. 1. The department\nis hereby directed to establish a statewide automated and electronic\nimmunization information system that will serve, and shall be\nadministered consistent with, the following public health purposes:\n  (a) collect reports of immunizations and thus reduce the incidence of\nillness, disability and death due to vaccine preventable diseases and\ncollect results of blood lead analyses performed by physician office\nlaboratories to provide to the statewide registry of lead levels of\nchildren established pursuant to section thirteen hundred seventy-a of\nthis chapter;\n  (b) establish the public health infrastructure necessary to obtain,\ncollect, preserve, and disclose information relating to vaccine\npreventable disease as it may promote the health and well-being of all\nchildren in this state;\n  (c) make available to an individual, or parents, guardians, or other\nperson in a custodial relation to a child or, to local health districts,\nlocal social services districts responsible for the care and custody of\nchildren, health care providers and their designees, schools, WIC\nprograms, and third party payers the immunization status of children;\nand\n  (d) appropriately protecting the confidentiality of individual\nidentifying information and the privacy of persons included in the\nstatewide immunization information system and their families.\n  2. For the purposes of this section:\n  (a) The term "authorized user" shall mean any person or entity\nauthorized to provide information to or to receive information from the\nstatewide immunization information system and shall include health care\nproviders and their designees, as defined in paragraph (d) of this\nsubdivision, schools as defined in paragraph a of subdivision one of\nsection twenty-one hundred sixty-four of this title, colleges as defined\nin section two of the education law, professional and technical schools\nas referred to in the definition of higher education in section two of\nthe education law, children's overnight camps and summer day camps as\ndefined in section thirteen hundred ninety-two of this chapter, third\nparty payer as defined in paragraph (f) of this subdivision, local\nhealth districts as defined by paragraph (c) of subdivision one of\nsection two of this chapter, local social services districts and the\noffice of children and family services with regard to children in their\nlegal custody, WIC programs as defined in paragraph (g) of this\nsubdivision, registered professional nurses, and pharmacists authorized\nto administer immunizations pursuant to subdivision two of section\nsixty-eight hundred one of the education law. An authorized user may be\nlocated outside New York state. An entity other than a local health\ndistrict shall be an authorized user only with respect to a person\nseeking or receiving a health care service from the health care\nprovider, a person enrolled or seeking to be enrolled in the school, a\nperson insured by the third party payer, a person in the custody of the\nlocal social services district or the office of children and family\nservices, or a person seeking or receiving services through WIC\nprograms, as the case may be.\n  (b) The term "statewide immunization information system" or "system"\nshall mean a statewide-computerized database maintained by the\ndepartment capable of collecting, storing, and disclosing the electronic\nand paper records of vaccinations received by persons under nineteen\nyears of age.\n  (c) The term "citywide immunization registry" shall mean the\ncomputerized database maintained by the city of New York department of\nhealth and mental hygiene capable of collecting, storing, and disclosing\nthe electronic and paper records of vaccinations received by persons\nless than nineteen years of age. The term "citywide immunization\nregistry" shall not include the childhood blood lead registry\nestablished pursuant to the health code of the city of New York. For the\npurposes of this section the term New York city department of health and\nmental hygiene, shall mean such agency or any successor agency\nresponsible for the citywide immunization registry.\n  (d) The term "health care provider" shall mean any person authorized\nby law to order an immunization or analysis of a blood sample for lead\nor any health care facility licensed under article twenty-eight of this\nchapter or any certified home health agency established under section\nthirty-six hundred six of this chapter; with respect to a person seeking\nor receiving a health care service from the health care provider.\n  (e) For purposes of this section a school is a public health\nauthority, as defined in section 164.501 of part 45 of the federal code\nof rules, responsible for screening the immunization status of each\nchild pursuant to section twenty-one hundred sixty-four of this article.\n  (f) The term "third party payer" shall mean health maintenance\norganizations certified under article forty-four of this chapter, health\nservice corporations licensed pursuant to article forty-three of the\ninsurance law, self-insured plans that pay for health care services,\nhealth insurance companies subject to article thirty-two of the\ninsurance law which offer preferred provider products, corporations\nsubject to article forty-three of the insurance law which offer\npreferred provider products, municipal cooperative health benefit plans\ncertified pursuant to article forty-seven of the insurance law which\noffer preferred provider products, and preferred provider organizations\nas defined in section three hundred fifty-two of the workers'\ncompensation law.\n  (g) For purposes of this section the term "WIC program" shall mean a\nstate or local agency, as described pursuant to section 1786 of title 42\nof the United States Code.\n  (h) The term "physician office laboratory" shall mean a laboratory\noperated by a health care provider pursuant to subdivision one of\nsection five hundred seventy-nine of this chapter that is certified by\nthe Centers for Medicare and Medicaid Services under regulations\nimplementing the federal Clinical Laboratory Improvement Amendments of\n1988 (CLIA).\n  3. (a) (i) Any health care provider who administers any vaccine to a\nperson less than nineteen years of age or, on or after September first,\ntwo thousand nine, conducts a blood lead analysis of a sample obtained\nfrom a person under eighteen years of age in accordance with paragraph\n(h) of subdivision two of this section; and immunizations received by a\nperson less than nineteen years of age in the past if not already\nreported, shall report all such immunizations and the results of any\nblood lead analysis to the department in a format prescribed by the\ncommissioner within fourteen days of administration of such\nimmunizations or of obtaining the results of any such blood lead\nanalysis. Health care providers administering immunizations to persons\nless than nineteen years of age in the city of New York shall report, in\na format prescribed by the city of New York commissioner of health and\nmental hygiene, all such immunizations to the citywide immunization\nregistry. Health care providers who conduct a blood lead analysis on a\nperson under eighteen years of age and who report the results of such\nanalysis to the city of New York commissioner of health and mental\nhygiene pursuant to New York city reporting requirements shall be exempt\nfrom this requirement for reporting blood lead analysis results to the\nstate commissioner of health; provided, however, blood lead analysis\ndata collected from physician office laboratories by the commissioner of\nhealth and mental hygiene of the city of New York pursuant to the health\ncode of the city of New York shall be provided to the department in a\nformat prescribed by the commissioner.\n  (ii) A pharmacist who administers a vaccine pursuant to subdivision\ntwo of section sixty-eight hundred one of the education law, to a person\nless than nineteen years of age, shall report all such immunizations to\nthe department in a format prescribed by the commissioner within\nfourteen days of administration of such immunizations. Pharmacists\nadministering immunizations pursuant to subdivision two of section\nsixty-eight hundred one of the education law to persons less than\nnineteen years of age in the city of New York shall report, in a format\nprescribed by the city of New York commissioner of health and mental\nhygiene, all such immunizations to the citywide immunization registry.\n  (b) (i) Any health care provider who administers any vaccine to a\nperson nineteen years of age or older, may report, with the consent of\nthe vaccinee, all such immunizations to the department in a format\nprescribed by the commissioner within fourteen days of administration of\nsuch immunizations. Health care providers administering immunizations to\npersons nineteen years of age or older in the city of New York may\nreport, with the consent of the vaccinee, in a format prescribed by the\ncity of New York commissioner of health and mental hygiene, all such\nimmunizations to the citywide immunization registry.\n  (ii) A registered professional nurse, or a pharmacist who administers\na vaccine pursuant to subdivision two of section sixty-eight hundred one\nof the education law, to a person nineteen years of age or older, shall\nreport, with the consent of the vaccinee, all such immunizations to the\ndepartment in a format prescribed by the commissioner within fourteen\ndays of administration of such immunizations. Registered professional\nnurses or pharmacists administering immunizations pursuant to\nsubdivision two of section sixty-eight hundred one of the education law,\nto persons nineteen years of age or older in the city of New York shall\nreport, with the consent of the vaccinee, in a format prescribed by the\ncity of New York commissioner of health and mental hygiene, all such\nimmunizations to the citywide immunization registry.\n  (c) The statewide immunization information system shall provide a\nmethod for health care providers to determine when the registrant is due\nor late for a recommended immunization and shall serve as a means for\nauthorized users to receive prompt and accurate information, as reported\nto the system, about the vaccines that the registrant has received.\n  4. (a) All information maintained by the department, or in the case of\nthe citywide immunization registry, the city of New York under the\nprovisions of this section shall be confidential except as necessary to\ncarry out the provisions of this section and shall not be released for\nany other purpose.\n  (b) The department and for the city of New York the department of\nhealth and mental hygiene may also disclose or provide such information\nto an authorized user when (i) such person or agency provides sufficient\nidentifying information satisfactory to the department to identify such\nregistrant and (ii) such disclosure or provision of information is in\nthe best interests of the registrant or his or her family, or will\ncontribute to the protection of the public health.\n  (c) Any data collected by the department may be included in the\nstatewide immunization information system and the statewide registry of\nlead levels of children if collection, storage and access of such data\nis otherwise authorized. Such data may be disclosed to the statewide\nimmunization information system only if provided for in statute or\nregulation, and shall be subject to any provisions in such statute or\nregulation limiting the use or redisclosure of the data. Nothing\ncontained in this paragraph shall permit inclusion of data in the\nstatewide immunization information system if that data could not\notherwise be accessed or disclosed in the absence of the system. For the\ncity of New York the commissioner of health and mental hygiene may\ninclude data collected in the citywide immunization registry as provided\nin this paragraph.\n  (c-1) The department may require the collection of, maintenance and\naccess to newborn infant hearing screening data and results through the\nstatewide immunization information system in accordance with section\ntwenty-five hundred-g of this chapter.\n  (d) A person, institution or agency to whom such immunization\ninformation is furnished or to whom, access to records or information\nhas been given, shall not divulge any part thereof so as to disclose the\nidentity of such person to whom such information or record relates,\nexcept insofar as such disclosure is necessary for the best interests of\nthe person or other persons, consistent with the purposes of this\nsection.\n  5. (a) All health care providers and their designees, except for\nproviders reporting to the citywide immunization registry, shall submit\nto the commissioner information about any vaccinee less than nineteen\nyears of age and about each vaccination given after January first, two\nthousand eight. The information provided to the system or the citywide\nimmunization registry shall include the national immunization program\ndata elements and other elements required by the commissioner. For the\ncity of New York the commissioner of health and mental hygiene may\nrequire additional elements with prior notice to the commissioner of any\nchanges.\n  (b) In addition to the immunization administration information\nrequired by this section, the operation of any immunization registry\nestablished under chapter five hundred twenty-one of the laws of\nnineteen hundred ninety-four, section 11.07 of title twenty-four of\nvolume eight of the compilation of the rules of the city of New York and\nadministered by a local health district collecting information from\nhealth care providers about vaccinations previously administered to a\nvaccinee prior to the effective date of this section shall provide the\ncommissioner access to such information.\n  (c) All health care providers shall provide the department or, as\nappropriate, the city of New York with additional or clarifying\ninformation upon request reasonably related to the purposes of this\nsection.\n  (d) Notwithstanding the above, submission of incomplete information\nshall not prohibit entry of incomplete but viable data into the\nstatewide immunization information system.\n  (e) The commissioner of the department of health and mental hygiene\nfor the city of New York shall implement the requirements of this\nsubdivision.\n  (f) The immunization status of children exempt from immunizations\npursuant to subdivision eight of section twenty-one hundred sixty-four\nof this title shall be reported by the health care provider.\n  6. In the city of New York, the commissioner of the department of\nhealth and mental hygiene of the city of New York may maintain its\nexisting registry consistent with the requirements of this section and\nshall provide information to the commissioner and to authorized users.\n  7. Each parent or legal guardian of a newborn infant or a child newly\nenrolled in the statewide immunization information system shall receive\ninformation, developed by the department, describing the enrollment\nprocess and how to review and correct information and obtain a copy of\nthe child's immunization record. The city of New York will be\nresponsible for providing information about the processes for enrollment\nand access to the citywide immunization registry by a parent or legal\nguardian of a newborn infant or newly enrolled child residing in the\ncity of New York.\n  8. Access and use of identifiable registrant information shall be\nlimited to authorized users consistent with this subdivision and the\npurposes of this section. (a) The commissioner shall provide a method by\nwhich authorized users apply for access to the system. For the city of\nNew York, the commissioner of health and mental hygiene shall provide a\nmethod by which authorized users apply for access to the citywide\nimmunization registry.\n  (b) (i) The commissioner may use the statewide immunization\ninformation system and the blood lead information in such system for\npurposes of outreach, quality improvement and accountability, including\nprofessional responsibility proceedings of the office of professional\nmedical conduct and the state education department, research,\nepidemiological studies and disease control, and to obtain blood lead\ntest results from physician office laboratories for the statewide\nregistry of lead levels of children established pursuant to subdivision\ntwo of section thirteen hundred seventy-a of this chapter; (ii) the\ncommissioner of health and mental hygiene for the city of New York may\nuse the immunization registry and the blood lead information in such\nsystem for purposes of outreach, quality improvement and accountability,\nresearch, epidemiological studies and disease control; (iii) local\nhealth departments shall have access to the immunization information\nsystem and the blood lead information in such system for purposes of\noutreach, quality improvement and accountability, epidemiological\nstudies and disease control within their county; and\n  (c) health care providers and their designees, registered professional\nnurses, and pharmacists authorized to administer immunizations pursuant\nto subdivision two of section sixty-eight hundred one of the education\nlaw shall have access to the statewide immunization information system\nand the blood lead information in such system only for purposes of\nsubmission of information about vaccinations received by a specific\nregistrant, determination of the immunization status of a specific\nregistrant, determination of the blood lead testing status of a specific\nregistrant, submission of the results from a blood lead analysis of a\nsample obtained from a specific registrant in accordance with paragraph\n(h) of subdivision two of this section, review of practice coverage,\ngeneration of reminder notices, quality improvement and accountability,\nincluding professional responsibility proceedings of the office of\nprofessional medical conduct and the state education department, and\nprinting a copy of the immunization or lead testing record for the\nregistrant's medical record, for the registrant's parent or guardian, or\nother person in parental or custodial relation to a child, or for a\nregistrant upon reaching eighteen years of age.\n  (d) The following authorized users shall have access to the statewide\nimmunization information system and the blood lead information in such\nsystem and the citywide immunization registry for the purposes stated in\nthis paragraph: (i) schools for the purpose of verifying immunization\nstatus for eligibility for admission, for the purpose of confirming a\nstudent has been screened for lead when enrolling in child care,\npre-school, pre-kindergarten or kindergarten, and for the provision of\nappropriate educational materials developed by the department pursuant\nto section thirteen hundred seventy-a of this chapter on the dangers of\nlead exposure, and the health risks associated with elevated blood lead\nlevels to the parents or legal guardians of the student with an elevated\nblood lead level, as such term is defined in subdivision six of section\nthirteen hundred seventy of this chapter, as well as information on\nprograms that may be available to the student and the parents or legal\nguardians of the student. For each school that has the technical ability\nto batch download sets of immunization records, the department shall\nmake available such sets of immunization records of only those children\nsubmitted by the school for which the school has obtained a certificate\nof immunization or for which the school has responsibility to verify the\nimmunization status for school attendance purposes under section\ntwenty-one hundred sixty-four of this article. Schools shall properly\nsafeguard such information for use only as authorized by this section;\n(ii) colleges for verifying immunization status for eligibility for\nadmission; (iii) professional and technical schools for verifying\nimmunization status for eligibility for admission; (iv) children's\novernight camps and summer day camps for verifying immunization status\nof children attending camp; (v) third party payer for performing quality\nassurance, accountability and outreach, relating to enrollees covered by\nthe third party payer; (vi) commissioners of local social services\ndistricts with regard to a child in his/her legal custody; (vii) the\ncommissioner of the office of children and family services with regard\nto children in their legal custody, and for quality assurance and\naccountability of commissioners of local social services districts, care\nand treatment of children in the custody of commissioners of local\nsocial services districts; and (viii) WIC programs for the purposes of\nverifying immunization and lead testing status for those seeking or\nreceiving services.\n  (e) Institutes of higher education, medical research centers or other\ninstitutions engaged in epidemiological research or other public health\nresearch shall have access to de-identified registrant information in\nthe statewide immunization information system or the citywide\nimmunization registry for research purposes if approved by the\ncommissioner or the commissioner of the department of health and mental\nhygiene of the city of New York, as appropriate.\n  9. The commissioner may judge the legitimacy of any request for\nimmunization system information and may refuse access to the statewide\nimmunization information system based on the authenticity of the\nrequest, credibility of the authorized user or other reasons as provided\nfor in regulation. For the city of New York the commissioner of health\nand mental hygiene may judge the legitimacy of requests for access to\nthe citywide immunization registry and refuse access to the immunization\nregistry based on the authenticity of the request, credibility of the\nauthorized user or other reasons as provided for in regulation.\n  10. The person to whom any immunization record relates, or his or her\nparent, or guardian, or other person in parental or custodial relation\nto such person may request a copy of an immunization or lead testing\nrecord from the registrant's healthcare provider, the statewide\nimmunization information system or the citywide immunization registry\naccording to procedures established by the commissioner or, in the case\nof the citywide immunization registry, by the city of New York\ncommissioner of the department of health and mental hygiene.\n  11. The commissioner, or in the city of New York, the commissioner of\nthe department of health and mental hygiene, may provide registrant\nspecific immunization and lead test records to the federal centers for\ndisease control and prevention or its successor agency, to other state\nor city registries and registries maintained by the Indian Health\nService and tribal nations recognized by the state or the United States\npursuant to a written agreement requiring that the other registry\nconform to national standards for maintaining the integrity of the data\nand that the data will only be used for purposes consistent with the\nprovisions of this section and provided that disclosure of identifiable\nregistrant information shall be limited to the minimum amount necessary\nto accomplish the purposes consistent with the provisions of this\nsection as determined by the commissioner, or in the city of New York,\nthe commissioner of the department of health and mental hygiene.\n  11-a. The commissioner, or in the city of New York, the commissioner\nof the department of health and mental hygiene, may only share registry\ninformation maintained by the department, or in the case of the citywide\nimmunization registry, the city of New York under the provisions of this\nsection with the federal Centers for Disease Control and Prevention, or\nsuccessor agency, for public health purposes in summary, statistical,\naggregate, or other form such that no individual person can be\nidentified, except that either such commissioner may disclose\nidentifiable registrant information to the federal Centers for Disease\nControl and Prevention, or its successor agency, when the commissioner\nhas determined that the disclosure is in the best interests of the\nregistrant or will contribute to the protection of public health and\nthat the objective of the disclosure cannot be served by disclosure\nlimited to de-identified information, or the federal health officials\nhave committed in writing not to redisclose to or share registrant\ninformation with any other federal agency, including but not limited to\nthe department of homeland security, immigration and customs\nenforcement, customs and border protection, or any successor agency, or\nany law enforcement agency; provided that either such commissioner may\nforgo the written commitment if requiring written commitment would\nresult in the actual withholding of federal funds.\n  12. Information that would be provided upon the enrollment in the\nstatewide immunization information system of a child being vaccinated,\nfrom birth records of all infants born in New York state on or after\nJanuary first, two thousand four shall be entered into the statewide\nimmunization information system, except in the city of New York, where\nbirth record information shall be entered into the citywide immunization\nregistry.\n  13. The commissioner shall promulgate regulations as necessary to\neffectuate the provisions of this section. Such regulations shall\ninclude provision for orderly implementation and operation of the\nstatewide immunization information system, including the method by which\neach category of authorized user may access the system. Access standards\nshall include at a minimum a method for assigning and authenticating\neach user identification and password assigned.\n  14. No authorized user shall be subjected to civil or criminal\nliability, or be deemed to have engaged in unprofessional conduct for\nreporting to, receiving from, or disclosing information relating to the\nstatewide immunization information system when made reasonably and in\ngood faith and in accordance with the provisions of this section or any\nregulation adopted thereto.\n
N.Y. LAB Law § 577 — New York Code / Act LAB / Article 18 / Title 6 / Section 577
General account; subsidiary contribution
Status: in_force

§ 577.  General account; subsidiary contribution.  1.  General\naccount.  The general account within the fund shall be continued.\n  (a)  This account shall be credited with\n  (1)  all net earnings on moneys in the fund,\n  (2)  moneys credited to this state pursuant to section nine hundred\nthree of the federal social security act,\n  (3)  account balances of employers who have ceased to be liable for\ncontributions under this article and whose accounts are not subject to\ntransfer in accordance with provisions of section five hundred\neighty-one, subdivision four covering transfers of accounts,\n  (4)  the proceeds of subsidiary contributions,\n  (5)  all moneys improperly paid to claimants and recovered,\n  (6)  contributions which are paid into the fund more than sixty days\nafter the due date prescribed by regulation of the commissioner,\nexcepting only contributions paid after such sixty days but prior to\ndetermination and demand by the commissioner, and\n  (7)  benefits based on wages paid in another state and charged to an\nemployer's account as provided in subdivision five of section five\nhundred eighty-one.\n  (8) monies pursuant to section five hundred eighty-one-b of this\ntitle.\n  (9) monies pursuant to section five hundred ninety-four of this title.\n  (b)  This account shall be debited with\n  (1)  moneys used by the commissioner upon an appropriation duly made\nby the legislature for the administration of the unemployment insurance\nlaw as provided in section five hundred fifty, subdivision three,\n  (2)  refunds of subsidiary contributions,\n  (3)  the amounts of negative balances of employers' accounts, as\nprovided in section five hundred eighty-one, subdivision one, paragraph\n(e),\n  (4)  all moneys paid to claimants which should not have been charged\nor are not chargeable to any employer's account;\n  (5)  balances set up as provided in subdivision five of section five\nhundred eighty-one; and\n  (6)  all moneys paid to claimants by reason of the application of\nparagraph (a) of subdivision twelve of section five hundred ninety of\nthis article which are not reimbursed to the fund by the federal\ngovernment.\n  2.  Subsidiary contributions.  (i) Employers shall pay a subsidiary\ncontribution based on their rate as specified in the subsidiary\ncontribution schedule as applied to wages paid in the four calendar\nquarters immediately subsequent to the computation date. The rate of\neach employer's subsidiary contribution shall be the percentage shown in\nthe column headed by the general account balance as of the computation\ndate and on the same line designating the range of employer account\npercentages in which an individual employer's account is found. The\nsubsidiary rate for employers who have not been liable for contributions\nduring at least the five completed calendar quarters ending on the\ncomputation date shall be the highest percentage for those employers\nwith a positive employer's account percentage. Such subsidiary\ncontribution shall be paid in addition to any other amounts otherwise\npayable under this article, and shall be assessed and collected in the\nsame manner as the contributions prescribed by section five hundred\nseventy of this title. The proceeds of the subsidiary contribution shall\nbe deposited in the fund and credited to the general account.\n  (ii)  The terms "employer account percentage", "computation date" and\n"wages" shall have the meaning prescribed pursuant to article eighteen\nof this chapter.\n              $0    $75   $150  $225  $300  $375  $450  $525  $600\n              or    or    or    or    or    or    or    or    or\nEmploy-       more  more  more  more  more  more  more  more  more\ner's          but   but   but   but   but   but   but   but   but\nAccount Less  less  less  less  less  less  less  less  less  less  $650\nPercen- than  than  than  than  than  than  than  than  than  than  or\ntage    $0    $75   $150  $225  $300  $375  $450  $525  $600  $650  more\n                          (Dollar amounts in Millions)\nLess\nthan\n+0.0%   .925% .825% .725% .625% .525% .425% .325% .225% .125% .025% .000%\n0.0% or\nmore but\nless than\n5.5%    .625% .625% .625% .525% .425% .325% .225% .125% .025% .000% .000%\n5.5% or\nmore but\nless than\n7.5%    .625% .625% .525% .425% .325% .225% .125% .025% .000% .000% .000%\n7.5% or\nmore but\nless than\n9.0%    .625% .525% .425% .325% .225% .125% .025% .000% .000% .000% .000%\n9.0% or\nmore    .525% .425% .325% .225% .125% .025% .000% .000% .000% .000% .000%\n
N.Y. PBA Law § 1140 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1140
Limited liability
Status: in_force

* § 1140. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n  * NB There are 2 § 1140's\n
N.Y. EDN Law § 4904 — New York Code / Act EDN / Title 6 / Article 99 / Section 4904
Expenses
Status: in_force

§ 4904. Expenses.  After the establishment and organization of such\nschool the expenses thereof, and of carrying out the provisions of this\narticle, shall be defrayed from the moneys raised by law for the support\nof public schools in the city of New York.\n
N.Y. VAT Law § 605 — New York Code / Act VAT / Title 6 / Article 22 / Section 605
Report required upon accident
Status: in_force

§ 605. Report required upon accident. (a) 1. Every person operating a\nmotor vehicle, except a police officer (as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law), a correction\nofficer, or a firefighter, operating a police department, a correction\ndepartment, or fire department vehicle respectively while on duty, if a\nreport has been filed by the owner of such vehicle, which is in any\nmanner involved in an accident, anywhere within the boundaries of this\nstate, in which any person is killed or injured, or in which damage to\nthe property of any one person, including himself, in excess of one\nthousand dollars is sustained, shall within ten days after such\naccident, report the matter in writing to the commissioner. If such\noperator or chauffeur be physically incapable of making such report and\nthere be another participant in the accident not incapacitated, such\nparticipant shall make such report within ten days after such accident.\nIf the operator or chauffeur involved in such accident be unable to make\nsuch report, the owner of the motor vehicle involved in such accident,\nif such owner be not involved in such accident or incapacitated, shall\nwithin ten days after he learns of the fact of such accident report the\nmatter to the commissioner together with such information as may have\ncome to his knowledge relating to such accident. Every such operator or\nchauffeur of a motor vehicle, or participant in any such accident, or\nowner of the motor vehicle involved in any such accident, shall make\nsuch other and additional reports as the commissioner shall require.\n  2. Failure to report an accident as herein provided or failure to give\ncorrectly the information required of him by the commissioner in\nconnection with such report shall be a misdemeanor and shall constitute\na ground for suspension or revocation of the operator's (or chauffeur's)\nlicense or all certificates of registration for any motor vehicle, or of\nboth, of the person failing to make such report as herein required. In\naddition, the commissioner may temporarily suspend the driver's license\nor permit or certificate of registration of the motor vehicle involved\nin the accident, or of both, of the person failing to report an accident\nwithin the period prescribed in paragraph one of this subdivision, until\nsuch report has been filed. However, no suspension or a revocation shall\nbe made of a license or certificate of registration of any police\nofficer, correction officer, or firefighter involved in an accident\nwhile on duty for failure to report such accident within ten days\nthereof if a report has been filed by the owner of such vehicle.\n  3. In the case of a non-resident the failure to report an accident as\nherein provided shall constitute ground for suspension or revocation of\nhis privileges of operating a motor vehicle in this state and of the\noperation within this state of any motor vehicle owned by him.\n  4. When a report required by this section is made by an owner or an\noperator of a fire vehicle, as defined by section one hundred fifteen-a\nof this chapter, or a police vehicle, as defined by section one hundred\nthirty-two-a of this chapter, when such accident occurred during the\noperation of such vehicle in response to an emergency where the operator\nwas responding to a call to duty as a paid or volunteer member of any\nfire department, or in the case of a police vehicle, when such accident\noccurred during emergency operation, as defined by section one hundred\nfourteen-b of this chapter, the commissioner shall omit the event\ndescribed in such report from the operator's external license abstract.\nProvided, however, the commissioner shall not omit the event described\nin such report from the operator's external license abstract if as a\nresult of such event such operator has either (i) been charged with a\nviolation of this chapter or of the penal law, unless the commissioner\nreceives evidence that such charge has been dismissed, or that the\naction has otherwise been terminated in favor of the accused pursuant to\nsection 160.50 of the criminal procedure law, or that the charge has\notherwise been adjudicated in an administrative or other proceeding in\nfavor of the defendant operator or (ii) been found to have been grossly\nnegligent by a final order of a court of competent jurisdiction.\n  (b) Every person operating an electric scooter or a bicycle which is\nin any manner involved in an accident on a public highway in this state\nin which any person is killed, other than the operator, or suffers\nserious physical injury as defined pursuant to subdivision ten of\nsection 10.00 of the penal law, shall within ten days after such\noperator learns of the fact of such death or serious physical injury,\nreport the matter in writing to the commissioner. If such operator is\nphysically incapable of making such report within ten days, he or she\nshall make the report immediately upon recovery from the physical\nincapacity. If such operator is an unemancipated minor who is incapable\nof making such report for any reason, the parent or guardian of such\noperator shall make such report within ten days after learning of the\nfact of such accident. Every such operator of an electric scooter or a\nbicycle, or parent or guardian of such unemancipated minor operator,\nshall make such other and additional reports as the commissioner shall\nrequire.\n  (c) The report required by this section shall be made in such form and\nnumber as the commissioner may prescribe. Such report shall include\ninformation on the width and length of trucks, tractors, trailers and\nsemitrailers, which are in excess of ninety-five inches in width or\nthirty-four feet in length and which are involved in such accidents,\nwhether such accident took place in a work area and whether it was being\noperated with an overweight or over dimension permit. Such report shall\ndistinctly indicate and include information as to whether the inflatable\nrestraint system inflated and deployed. Such report shall include\ninformation on the type or types of vehicles involved, including\npassenger motor vehicles, commercial motor vehicles, motorcycles,\nlimited use motorcycles, off-highway motorcycles, electric scooters,\nbicycles with electric assist, and/or bicycles.\n
N.Y. SOS Law § 426 — New York Code / Act SOS / Article 6 / Title 6 / Section 426
Annual reports
Status: in_force

§ 426. Annual reports. The commissioner shall prepare for inclusion in\nthe annual report required by subdivision (d) of section seventeen of\nthis chapter to be filed with the governor and the legislature prior to\nDecember fifteenth of each year, a report on the operations of the state\ncentral register of child abuse and maltreatment and the various local\nchild protective services. The report shall include a full statistical\nanalysis of the reports made to the central register together with a\nreport on the implementation of this title, his or her evaluation of\nservices offered under this chapter and his or her recommendations for\nadditional legislation to fulfill the purposes of this title. Such\nreport shall indicate the number of child abuse and maltreatment reports\nand cases received by the statewide central register of child abuse and\nmaltreatment by each district in the preceding year, the number of such\ncases determined to have been indicated and the number of such cases\ndetermined to be unfounded by each district in the preceding year, the\nnumber of such cases which have not been indicated or unfounded within\nthe time period required by subdivision seven of section four hundred\ntwenty-four of this article by each district in the preceding year and\nthe number of workers assigned to the child protective service in each\ndistrict in the preceding year. Such report shall include, among other\ninformation, available demographic information and available information\nconcerning the racial and ethnic characteristics of the family members\nand persons served by the differential response program pursuant to\nsection four hundred twenty-seven-a of the social services law, as well\nas available information concerning the racial and ethnic\ncharacteristics of the family members and persons serviced under the\ntraditional child protective services program, in each local social\nservices district in the state.\n
N.Y. PBA Law § 1120-V — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-V
Contracts for design, construction, service and materials
Status: in_force

§ 1120-v. Contracts for design, construction, service and materials.\nFor the purposes of article fifteen-A of the executive law only, the\nauthority shall be deemed a state agency as that term is used in such\narticle, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n
N.Y. PBA Law § 1734 — New York Code / Act PBA / Article 8 / Title 6 / Section 1734
Contracts of the authority
Status: in_force

§ 1734. Contracts of the authority. 1. a. All contracts for the\nconstruction, reconstruction, improvement, rehabilitation, maintenance,\nrepair, furnishing, equipping of or otherwise providing for educational\nfacilities for the city board may be awarded in accordance with the\nprovisions of this section, notwithstanding the provisions of section\neight of the public buildings law, section one hundred three of the\ngeneral municipal law, section one hundred thirty-five of the state\nfinance law, section seven of the New York state financial emergency act\nfor the city of New York or of any other provision of general, special\nor local law, charter or administrative code.\n  b. The authority shall be subject to the provisions of section one\nhundred one of the general municipal law.\n  2. a. Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of ten thousand dollars and all contracts for\npublic work involving an estimated expenditure in excess of fifty\nthousand dollars shall be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in the manner hereinafter\nset forth. For purposes hereof, contracts for public work shall exclude\ncontracts for personal, engineering and architectural, or professional\nservices.\n  b. The authority may reject all bids and obtain new bids in the manner\nprovided by this section when it deems it in the public interest to do\nso or, in cases where two or more responsible bidders submit identical\nbids which are the lowest bids, award the contract to any of such\nbidders or obtain new bids from such bidders. Nothing herein shall\nobligate the authority to seek new bids after the rejection of bids or\nafter cancellation of an invitation to bid. Nothing in this section\nshall prohibit the evaluation of bids on the basis of costs or savings\nincluding life cycle costs of the item to be purchased, discounts, and\ninspection services so long as the invitation to bid reasonably sets\nforth the criteria to be used in evaluating such costs or savings. Life\ncycle costs may include but shall not be limited to costs or savings\nassociated with installation, energy use, maintenance, operation and\nsalvage or disposal.\n  3. a. Notwithstanding the provisions of paragraph a of subdivision two\nof this section, the authority shall establish guidelines governing the\nqualifications of bidders entering into contracts for the construction,\nreconstruction, improvement, rehabilitation, maintenance, repair,\nfurnishing, equipping of or otherwise providing for educational\nfacilities for the city board. The bidding may be restricted to those\nwho have qualified prior to the receipt of bids according to standards\nfixed by the authority; provided, however, that the award of contracts\nshall, to the extent not inconsistent with this paragraph, be in\naccordance with paragraph b of subdivision two of this section.\n  b. In determining whether a prospective bidder qualifies for inclusion\non a list of pre-qualified bidders, the authority shall consider (1) the\nexperience and past performance of the prospective bidder; (2) the\nprospective bidder's ability to undertake work; and (3) the financial\ncapability, responsibility and reliability of prospective bidders. The\nauthority may also consider such other factors as it deems appropriate.\n  c. The authority shall, not less than twice each year, publish, in a\nnewspaper of general circulation in the city of New York, an\nadvertisement requesting prospective bidders to submit qualification\nstatements. Lists of pre-qualified bidders shall be reviewed and updated\nnot less than annually by the authority. The authority shall delete from\nthe list of pre-qualified bidders any bidder who has failed to perform\nadequately or satisfactorily for the authority, the city board or any\nother city or state agency or authority.\n  d. Lists of pre-qualified bidders may be established on a\nproject-specific basis; provided, however, that any such list shall have\nno less than five bidders.\n  4. a. Advertisement for bids, when required by this section, shall be\npublished at least once in a newspaper of general circulation in the\ncity of New York. Publication in such a newspaper shall not be required\n(i) if bids for contracts for supplies, materials or equipment are of a\ntype regularly purchased by the authority and are to be solicited from a\nlist of potential suppliers, if such list is or has been developed\nconsistent with the provisions of subdivision six of this section or\n(ii) if bids are to be solicited from a list of pre-qualified bidders\npursuant to the provisions of paragraph d of subdivision three of this\nsection. Any such advertisement shall contain a statement of the time\nand place where all bids received pursuant to such notice will be\npublicly opened and read. At least fourteen days shall elapse between\nthe first publication of such advertisement or the solicitation of bids,\nas the case may be, and the date of opening and reading of bids.\n  b. The authority may designate any officer or employee to open the\nbids at the time and place bids are to be opened and may designate an\nofficer to award the contract to the lowest responsible bidder. Such\ndesignee shall make a record of all bids in such form and detail as the\nauthority shall prescribe. All bids received shall be publicly opened\nand read at the time and place specified in the advertisement or at the\ntime of solicitation, or to which the opening and reading have been\nadjourned by the authority. All bidders shall be notified of the time\nand place of any such adjournment.\n  5. Notwithstanding the foregoing, the authority may by resolution\napproved by a vote of its members declare (i) that competitive bidding\nfor non-construction contracts is impractical or inappropriate because\nof the existence of any of the circumstances hereinafter set forth or\n(ii) that competitive bidding for construction contracts is impractical\nor inappropriate because of the existence of the circumstances set forth\nin paragraph a of this subdivision. Thereafter the authority may proceed\nto award contracts without complying with the requirements of\nsubdivision two or three of this section. In each case where the\nauthority declares competitive bidding impractical or inappropriate, it\nshall state the reason therefor in writing and summarize any\nnegotiations that have been conducted and shall be made available upon\nrequest. Except for contracts awarded pursuant to paragraphs a, b and c\nof this subdivision, the authority shall not award any contract pursuant\nto this subdivision earlier than thirty days from the date on which the\nauthority declares that competitive bidding is impractical or\ninappropriate. Competitive bidding may only be declared impractical or\ninappropriate where:\n  a. the existence of an emergency involving danger to life, safety or\nproperty requires immediate action and cannot await competitive bidding\nor the item to be purchased is essential to efficient operation or the\nadequate provision of service by the city board or the authority and as\na consequence of unforeseen circumstance such purchase cannot await\ncompetitive bidding;\n  b. the authority receives no responsive bids or only a single\nresponsive bid in response to an invitation for competitive bids;\n  c. the item is available through an existing contract between a vendor\nand (i) another public authority provided that such other authority\nutilized a process of competitive bidding or a process of competitive\nrequests for proposals to award such contracts, or (ii) the city board,\nor (iii) the state of New York, or (iv) the city of New York, provided\nthat in any case when under this paragraph the authority determines that\nobtaining such item thereby would be in the public interest and sets\nforth the reason for such determination. The authority shall accept sole\nresponsibility for any payment due the vendor as a result of the\nauthority's order; or\n  d. the authority determines that it is in the public interest to award\ncontracts pursuant to a process for competitive requests for proposals\nas hereinafter set forth. For purposes of this section, a process for\ncompetitive requests for proposals shall mean a method of soliciting\nproposals and awarding a contract on the basis of a formal evaluation of\nthe characteristics, such as quality, cost, delivery schedule and\nfinancing of such proposals against stated selection criteria. Public\nnotice of the requests for proposals shall be given in the same manner\nas provided in subdivision three of this section and shall include the\nselection criteria. In the event the authority makes a material change\nin the selection criteria from those previously stated in the notice, it\nwill inform all proposers of such change and permit proposers to modify\ntheir proposals.\n  (i) The authority may award a contract pursuant to this paragraph only\nafter a resolution approved by a vote of its members at a public meeting\nof the authority with such resolution (A) disclosing the other proposers\nand the substance of their proposals, (B) summarizing the negotiation\nprocess including the opportunities, if any, available to proposers to\npresent and modify their proposals, and (C) setting forth the criteria\nupon which the selection was made.\n  (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n  6. Upon the adoption of a resolution by the authority stating, for\nreasons of efficiency, economy, compatibility or maintenance\nreliability, that there is a need for standardization, the authority may\nestablish procedures whereby particular supplies, materials or equipment\nare identified on a qualified products list. Such procedures shall\nprovide for products or vendors to be added to or deleted from such list\nand shall include provisions for public advertisement of the manner in\nwhich such lists are compiled. The authority shall review such list no\nless than twice a year for the purpose of making such modifications.\nContracts for particular supplies, materials or equipment identified on\na qualified products list may be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in accordance with this\nsection or without competitive sealed bids in instances when the item is\navailable from only a single source, except that the authority may\ndispense with advertising provided that it mails copies of the\ninvitation to bid to all vendors of the particular item on the qualified\nproducts list.\n  7. The authority shall compile a list of potential sources of\nsupplies, materials or equipment regularly purchased. The authority\nshall, by resolution, set forth the procedures it has established to\nidentify new sources and to notify such new sources of the opportunity\nto bid for contracts for the purchase of supplies, materials or\nequipment. Such procedures shall include, but not be limited to\nadvertising in trade journals.\n  8. The authority shall be subject to the provisions of section\ntwenty-eight hundred seventy-nine of this chapter in awarding contracts\nfor personal services.\n  9. The board shall, by resolution, establish procedures for the fair\nand equitable resolution of contract disputes. Prior to the\nestablishment of such policy, the board shall publish in appropriate\npublications a notice of such policy and invite comment from interested\nparties, including, but not limited to representatives of construction\norganizations. Such notice shall also state that the authority will hold\na public hearing to consider the policy at a specified time and place on\na date not less than ten days after such publication, and the authority\nshall conduct the public hearing pursuant to such notice.\n  10. The provisions of article eight of the labor law shall be\napplicable to all contracts entered into directly or indirectly by the\nauthority.\n  11. The provisions of subdivision one of section one hundred six-b of\nthe general municipal law shall apply to the authority, provided,\nhowever, that the authority may retain up to four times the value of any\nremaining items to be completed.\n
N.Y. PBA Law § 1135*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1135*2
Actions against authority
Status: in_force

* § 1135. Actions against authority. 1. No action or special\nproceeding shall be prosecuted or maintained against the authority for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the authority\nwithin the time limit prescribed by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate or rates set forth in such bonds from the due\ndate thereof until paid or otherwise satisfied.\n  * NB There are 2 § 1135's\n
N.Y. PBA Law § 1147-N — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-N
Moneys of the authority
Status: in_force

§ 1147-n. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer, upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States and\nthe state of New York of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds, as to the custody, collection, security,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section.\nMoneys held in trust or otherwise for the payment of bonds, or in any\nway to secure bonds, and deposits of such moneys may be secured in the\nsame manner as moneys of the authority and all banks and trust companies\nare authorized to give such security for such deposits. Any moneys of\nthe authority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provisions of section ninety-eight-a of the state\nfinance law, as amended from time to time. Subject to the provisions of\nany contract with bondholders and with the approval of the comptroller,\nthe authority shall prescribe a system of accounts.\n
N.Y. PBH Law § 2169 — New York Code / Act PBH / Article 21 / Title 6 / Section 2169
Vaccine confidentiality
Status: in_force

§ 2169. Vaccine confidentiality. 1. As used in this section, unless\ncontext requires otherwise:\n  (a) The term "consent" shall mean informed, affirmative, and voluntary\nauthorization.\n  (b) The term "de-identified" shall mean that the information cannot\nidentify or be made to identify or be associated with a particular\nindividual, directly or indirectly, and is subject to technical\nsafeguards and policies and procedures that prevent re-identification,\nwhether intentionally or unintentionally, of any individual.\n  (c) The term "disclosure" shall mean release, transfer, provision of,\naccess to, or divulging in any other manner of information outside the\nentity holding the information.\n  (d) The term "immigration authority" means any entity, officer,\nemployee, or government employee or agent thereof charged with or\nengaged in enforcement of the federal Immigration and Nationality Act,\nincluding the United States Immigration and Customs Enforcement, United\nStates Department of Homeland Security, or United States Customs and\nBorder Protection, or agent, contractor, or employee thereof, or any\nsuccessor legislation or entity.\n  (e) The term "law enforcement agent or entity" means any governmental\nentity or public servant, or agent, contractor or employee thereof,\nauthorized to investigate, prosecute, or make an arrest for a criminal\nor civil offense, or engaged in any such activity, but shall not mean\nthe department, the commissioner, a health district, a county department\nof health, a county health commissioner, a local board of health, a\nlocal health officer, the department of health and mental hygiene of the\ncity of New York, or the commissioner of the department of health and\nmental hygiene of the city of New York.\n  (f) The term "personal information" shall mean information obtained\nfrom or about an individual, in connection with their registering for a\nvaccination, that directly or indirectly identifies, relates to,\ndescribes, is capable of being associated with, or could reasonably be\nlinked to a particular individual, household, or personal device.\nInformation is reasonably linkable to an individual, household, or\npersonal device if it can be used on its own or in combination with\nother reasonably available information, when such information is held by\nthe vaccine navigator, to identify an individual, household, or a\npersonal device.\n  (g) The term "service attendant to the delivery of immunization" shall\nmean facilitating an immunization appointment, sending reminders about\nimmunization, arranging transportation to or from a vaccine provider, or\nreporting to the department, the New York City department of health and\nmental hygiene, or other local health agency on whose behalf such\nvaccine navigator is performing such services.\n  (h) The term "use" shall mean, with respect to personal information,\nthe sharing, employment, application, utilization, examination or\nanalysis of such information within an entity that maintains such\ninformation.\n  (i) The term "vaccine navigator" shall mean any person that collects\npersonal information from an individual in order to register that\nindividual for immunization or to help that individual register for\nimmunization, provided the department, a local public health agency, or\na person that administers vaccines or their designees are not vaccine\nnavigators.\n  2. (a) Except as provided in paragraph (d) of this subdivision, absent\nconsent from the individual seeking immunization, or if the individual\nlacks the capacity to make health care decisions, an individual\nauthorized to consent to health care for the individual or the\nindividual's legal representative, a vaccine navigator shall not use,\ndisclose, or maintain personal information except as necessary to\nprovide services attendant to the delivery of immunization.\n  (b) A vaccine navigator may request consent from an individual, or if\nthe individual lacks the capacity to make health care decisions, an\nindividual authorized to consent to health care for the individual or\nthe individual's legal representative, to use, disclose, or maintain the\nindividual's personal information for purposes other than services\nattendant to the delivery of immunization provided that:\n  (i) a vaccine navigator shall not refuse to provide a service\nattendant to the delivery of immunization for an individual who does not\nprovide such consent;\n  (ii) a vaccine navigator shall not relate the price or quality of any\nservice attendant to the delivery of immunization to the privacy\nprotections afforded the individual, including by providing a discount\nor other incentive in exchange for such consent, provided that this\nparagraph does not prohibit the offering of incentives to individuals to\nget vaccinated; provided that such incentives shall not be conditioned\non an individual's consent to additional uses, disclosures, or\nmaintenance of their personal information except as necessary to provide\nthe incentive; and\n  (iii) a vaccine navigator shall clearly delineate what personal\ninformation is adequate, relevant, and necessary to provide a service\nattendant to the delivery of immunization by clearly and conspicuously\nindicating in any solicitation for the information that all other\nrequests for personal information are optional.\n  (c) Except as provided in paragraph (d) of this subdivision:\n  (i) No vaccine navigator may provide personal information or otherwise\nmake personal information accessible, directly or indirectly, to a law\nenforcement agent or entity or immigration authority;\n  (ii) No vaccine navigator may provide personal information or\notherwise make personal information accessible, directly or indirectly,\nto any other individual or entity, except as explicitly authorized by\nthis title; and\n  (iii) Without consent under this subdivision, personal information and\nany evidence derived therefrom shall not be subject to or provided in\nresponse to any legal process or be admissible for any purpose in any\njudicial or administrative action or proceeding unless provided in\nresponse pursuant to warrants, court-ordered subpoenas, administrative\nsubpoenas, or grand jury subpoenas.\n  (d) (i) This section does not bar otherwise lawful disclosure,\npossession or use of information pertaining to services attendant to the\ndelivery of immunization, including aggregate information, that is\nde-identified. Disclosure, possession or use under this subparagraph\nshall only be for a public health or public health research purposes.\n  (ii) A vaccine navigator may only possess or use de-identified\ninformation pertaining to services attendant to the delivery of\nimmunization if the vaccine navigator maintains technical safeguards and\npolicies and procedures that prevent re-identification, whether\nintentional or unintentional, of any individual, as may be required by\nthe commissioner (or the New York city commissioner of health and mental\nhygiene, in the case of information collected by or under authority of\nthe New York city department of health and mental hygiene. The\ncommissioner (or the New York city commissioner as the case may be)\nshall require safeguards, policies and procedures under this paragraph\nas the commissioner deems practicable.\n  (iii) Disclosure, possession and use of de-identified information\nunder this subdivision shall be only pursuant to approval by the\ncommissioner (or the New York city commissioner of health and mental\nhygiene in the case of information collected by or under authority of\nthe New York city department of health and mental hygiene) specifying\nthe purpose, nature and scope of the disclosure, possession and use and\nmeasures to ensure that it will comply with this section and the terms\nof the approval.\n  (e) A vaccine navigator that maintains personal information shall\nestablish appropriate administrative, technical, and physical\nsafeguards, policies, and procedures that ensure the security of that\npersonal information. The safeguards, policies, and procedures must be\nappropriate to the volume and nature of the personal information\nmaintained and the size, revenue, and sophistication of the vaccine\nnavigator and must ensure that personal information is encrypted and\nprotected at least as much as or more than other confidential\ninformation in the vaccine navigator's possession. The commissioner or,\nin the city of New York, the commissioner of the department of health\nand mental hygiene may make regulations as reasonably necessary to\nrequire that personal information possessed, used, or under the control\nof a vaccine navigator shall be subject to technical safeguards,\npolicies, and procedures for storage, transmission, use, and protection\nof the information. The regulations must take into account the different\nsizes, revenues and sophistications of different vaccine navigators, as\nwell as the volume and nature of the personal information they maintain.\n  (f) Nothing in this section shall limit a vaccine navigator that has a\npre-existing service provider-client, provider-patient, or familial\nrelationship or a friendship with an individual from processing that\nindividual's personal information as previously agreed to in the course\nof the pre-existing relationship.\n  3. Vaccine providers. A vaccine provider shall not delay or condition\nthe provision of any service attendant to the delivery of immunization\nby inviting or requiring an individual seeking vaccination to complete\nan application for a customer discount card or account or share personal\ninformation that will be stored outside of a record protected under the\nfederal Health Insurance Portability and Accountability Act of 1996, its\nimplementing regulations, or section eighteen of this chapter for\npurposes other than services attendant to the delivery of immunization,\nor by engaging in any other activity unrelated to the provision of such\na service that the commissioner designates by regulation.\n