FrankGoortani/open-us-law huggingface dataset:
N.Y. LEG Law § 28 — New York Code / Act LEG / Article 2 / Section 28
Compensation, expenses, employees
Status: in_force

§ 28. Compensation, expenses, employees. Such secretaries shall\nreceive an annual salary to be fixed by the appointing officer within\nthe amount appropriated therefor and shall be paid their office,\ntraveling and other expenses necessarily incurred by them in the\nperformance of their duties. The chairman of the finance committee of\nthe senate and the chairman of the ways and means committee of the\nassembly may each appoint for the committee of which he is chairman such\naccounting, clerical and stenographic employees as may be necessary to\nassist such committee and the secretaries thereof in performing the\nduties prescribed by this article. The compensation of such employees\nshall be fixed by the appointing officer within the amount appropriated\ntherefor.\n  Expenditures made from appropriations by the legislature for the\nsenate finance committee and the assembly ways and means committee may\ninclude studies and surveys and for expenses of maintenance and\noperation including personal service and the expenses of the\nchairpersons while in travel in the performance of committee duties or\nwhile in Albany during the recess of the legislature, the traveling\nexpenses of the employees of such committees while visiting state\ninstitutions or performing other committee duties, and the purchase or\nexchange, maintenance or hiring of automobiles.\n
N.Y. TAX Law § 1112 — New York Code / Act TAX / Article 28 / Part 2 / Section 1112
Taxes imposed on qualified Indian reservations
Status: in_force

§ 1112. Taxes imposed on qualified Indian reservations. (a) Where\nproperty or services subject to sales or compensating use tax have been\npurchased on or from a qualified Indian reservation, as defined in\nsection four hundred seventy of this chapter, the purchaser shall not be\nrelieved of his or her liability to pay the tax due. Such tax due and\nnot collected shall be paid by the purchaser directly to the department.\n  (b) The tax due and not collected pursuant to subdivision (a) of this\nsection may be reported and paid by means of such personal income tax\nforms or other tax forms as the commissioner deems appropriate.\n  (c) The provisions of section two hundred eighty-four-e of this\nchapter concerning sales of motor fuel and Diesel motor fuel on\nqualified Indian reservations shall apply to the prepayment of sales tax\nimposed on motor fuel and Diesel motor fuel pursuant to section eleven\nhundred two of this article in the same manner and with the same force\nand effect as if the provisions of such section two hundred\neighty-four-e had been incorporated in full into this article, except to\nthe extent that any such provision is either inconsistent with a\nprovision of such section eleven hundred two or not relevant thereto.\n  (d) The provisions of section four hundred seventy-one-e of this\nchapter concerning sales of cigarettes on qualified Indian reservations\nshall apply to the prepayment of sales tax imposed on cigarettes\npursuant to section eleven hundred three of this article in the same\nmanner and with the same force and effect as if the provisions of such\nsection four hundred seventy-one-e had been incorporated in full into\nthis article, except to the extent that any such provision is either\ninconsistent with a provision of such section eleven hundred three or is\nnot relevant thereto.\n
N.Y. ISC Law § 6909 — New York Code / Act ISC / Article 69 / Section 6909
Relationship to security fund
Status: in_force

§ 6909. Relationship to security fund. No insurer or agent of an\ninsurer may deliver a policy of financial guaranty insurance unless such\npolicy and any prospectus delivered on or after the effective date of\nthis article with respect to the insured obligations clearly discloses\nthat the policy is not covered by the property/casualty insurance\nsecurity fund specified in article seventy-six of this chapter.\n
N.Y. GMU Law § 498 — New York Code / Act GMU / Article 14-H / Section 498
Delegation of authority
Status: in_force

§ 498. Delegation of authority.  The governing body of a municipality\nmay delegate to an officer or officers thereof designated by it for that\npurpose any of the authority granted to it hereby in relation to the\nissuance, amendment and cancellation of licenses, the conduct of\ninvestigations and hearings, the supervision of the operation of the\ngames and the collection and transmission of fees.\n
N.Y. CPL Law § 400.10 — New York Code / Act CPL / Part 2 / Title L / Article 400 / Section 400.10
Pre-sentence conference
Status: in_force

§ 400.10 Pre-sentence conference.\n  1. Authorization and purpose. Before pronouncing sentence, the court,\nin its discretion, may hold one or more pre-sentence conferences in open\ncourt or in chambers in order to (a) resolve any discrepancies between\nthe pre-sentence report, or other information the court has received,\nand the defendant's or prosecutor's pre-sentence memorandum submitted\npursuant to section 390.40, or (b) assist the court in its consideration\nof any matter relevant to the sentence to be pronounced.\n  2. Attendance. Such conference may be held with the prosecutor and\ndefense counsel in the absence of the defendant, or the court may direct\nthat the defendant attend. The court may also direct that any person who\nhas furnished or who can furnish information to the court concerning\nsentence attend. Reasonable notice of the conference must be given to\nthe prosecutor and the defense counsel, who must be afforded an\nopportunity to participate therein.\n  3. Procedure at conference. The court may advise the persons present\nat the conference of the factual contents of any report or memorandum it\nhas received and afford any of the participants an opportunity to\ncontrovert or to comment upon any fact. The court may also conduct a\nsummary hearing at the conference on any matter relevant to sentence and\nmay take testimony under oath. In the discretion of the court, all or\nany part of the proceedings at the conference may be recorded by a court\nstenographer and the transcript made part of the pre-sentence report.\n  4. Pre-sentence conditions. After conviction and prior to sentencing\nthe court may adjourn sentencing to a subsequent date and order the\ndefendant to comply with any of the conditions contained in paragraphs\n(a) through (f) and paragraph (l) of subdivision two of section 65.10 of\nthe penal law. In imposing sentence, the court shall take into\nconsideration the defendant's record of compliance with pre-sentence\nconditions ordered by the court.\n
N.Y. GBS Law § 396-D — New York Code / Act GBS / Article 26 / Section 396-D
Advertisement and description of real property
Status: in_force

§ 396-d. Advertisement and description of real property. Whenever any\nperson or persons, firm or corporation, shall use in connection with the\ndesignation, description, advertisement, lease or sale of any real\nproperty, any name which shall include the name of any political or\nterritorial subdivision situated in the county or in any county\nimmediately adjoining the county in which such property is situated,\nother than the name of the political and territorial subdivision in\nwhich the particular property referred to is located, such person or\npersons, firm or corporation shall, as part of every such designation,\ndescription, advertisement, lease or sale, and with the same prominence\ngiven to any such name or part of such name, state and display the name\nof the town, village, city or other political subdivision in which such\nproperty is actually located.\n
N.Y. RRD Law § 52-B — New York Code / Act RRD / Article 3 / Section 52-B
Fences along right of way
Status: in_force

§ 52-b. Fences along right of way. Notwithstanding the provisions of\nsections fifty-two, fifty-two-a, or fifty-two-c or of any other law,\ngeneral or special, every railroad corporation shall erect and\nthereafter maintain a fence or fences along the boundary line of its\nright of way whenever the commissioner of transportation after a hearing\non notice to such railroad corporation shall determine it to be\nnecessary for the public welfare and shall by order so direct. The order\nof the commissioner of transportation may prescribe the height, length,\nmaterials and design of such fence or fences.\n
N.Y. PVH Law § 356 — New York Code / Act PVH / Article 7-A / Section 356
Members; officers and directors
Status: in_force

§ 356. Members; officers and directors. No member or director of a\ncompany shall receive any salary or other compensation for services as\nsuch member or director, other than reimbursement of actual and\nnecessary expenses incurred in the performance of his duties. No member,\nofficer, or employee of a company shall acquire any interest, direct or\nindirect, in any property then or thereafter included or planned to be\nincluded in a project, nor retain any interest, direct or indirect in\nany property acquired subsequent to his appointment or employment which\nis later included or planned to be included in a project. If any member,\nofficer or employee of any company owns or controls an interest, direct\nor indirect, in any property included in a project, which was acquired\nprior to his appointment or employment, he shall disclose such interest\nand the date of acquisition thereof in writing to the company and such\ndisclosure shall be entered upon the minutes of the company.\n
N.Y. RRD Law § 308 — New York Code / Act RRD / Article 7 / Section 308
Reductions in fares and charges
Status: in_force

§ 308. Reductions in fares and charges. In the event that the\ncommissioner of transportation, after a hearing held in his discretion,\non his own motion and on reasonable notice, shall determine (1) that a\nrailroad redevelopment corporation, during the most recent twelve-month\nperiod for which figures shall be available at the time of such notice,\nhas obtained more operating revenues and other income than were required\nto provide for the items enumerated in section three hundred six, and\n(2) that its operating revenues and other income during the twelve\nmonths next succeeding such period will be more than required to provide\nfor the items enumerated in section three hundred six, the commissioner\nof transportation may order such corporation to eliminate on a\ntwelve-month basis any such anticipated excess amount of revenues. In\nthat event, such corporation shall file new tariff schedules within such\nreasonable time as may be fixed by the commissioner of transportation,\nto be effective within ten days after such filing; and said schedules\nshall make such modifications in its passenger fares and charges (and\nthe classifications, regulations, and practices pertaining thereto) as\nshall effect such elimination.\n
N.Y. TAX Law § 632-A — New York Code / Act TAX / Article 22 / Part 3 / Section 632-A
Personal service corporations and S corporations formed or availed of to avoid or evade New York State income tax
Status: in_force

§ 632-a. Personal service corporations and S corporations formed or\navailed of to avoid or evade New York State income tax. (a) General. If\n(1) substantially all of the services of a personal service corporation\nor S corporation are performed for or on behalf of another corporation,\npartnership, or other entity and (2) the effect of forming or availing\nof such personal service corporation or S corporation is the avoidance\nor evasion of New York income tax by reducing the income of, or in the\ncase of a nonresident, reducing the New York source income of, or\nsecuring the benefit of any expense, deduction, credit, exclusion, or\nother allowance for, any employee-owner which would not otherwise be\navailable, then the commissioner may allocate all income, deductions,\ncredits, exclusions, and other allowances between such personal service\ncorporation or S corporation (even if such personal service corporation\nor S corporation is taxed under article nine-A of this chapter or is not\nsubject to tax in this state) and its employee-owners, provided such\nallocation is necessary to prevent avoidance or evasion of New York\nstate income tax or to clearly reflect the source and the amount of the\nincome of the personal service corporation or S corporation or any of\nits employee-owners.\n  (b) Definitions for purposes of this section. (1) The term "personal\nservice corporation" means a corporation whose principal activity is the\nperformance of personal services and such services are substantially\nperformed by the employee-owners of such corporation.\n  (2) The term "S corporation" means a corporation for which an election\nunder section 1362 of the internal revenue code is in effect for such\ntaxable year and whose principal activity is the performance of personal\nservices and such services are substantially performed by the\nemployee-owners of such corporation.\n  (3) The term "employee-owner" means any employee who owns, on any\ngiven day during the taxable year, more than ten percent of the\noutstanding stock of the personal service corporation or S corporation.\nFor purposes of the preceding sentence, the constructive ownership of\nstock rules set forth in section 318 of the internal revenue code shall\napply, except that "5 percent" shall be substituted for "50 percent" in\nsection 318(a)(2)(C) of the internal revenue code.\n  (4) All related persons (within the meaning of section 144(a)(3) of\nthe internal revenue code) shall be treated as one entity.\n
N.Y. MHY Law § 31.29 — New York Code / Act MHY / Title E / Article 31 / Section 31.29
Monthly personal allowances
Status: in_force

§ 31.29 Monthly personal allowances.\n  (a) Each resident of a residential care center for adults shall be\nentitled to retain out of his or her income, including supplemental\nsecurity income or safety net assistance benefits pursuant to the social\nservices law, a monthly personal allowance in an amount equal to the\nmonthly personal allowance established in section one hundred\nthirty-one-o of the social services law for persons receiving\nresidential care.\n  (b) Any resident of a residential care center for adults, or a state\noperated community residence, who does not receive a monthly personal\nneeds allowance as provided in subdivision (a) of this section shall, in\naccordance with regulations of the commissioner, be eligible to receive\na state payment for personal needs if such resident:\n  1. does not have countable income, as such term is defined in section\ntwo hundred eight of the social services law, in an amount equal to or\ngreater than the amount of the monthly personal allowance for\nindividuals receiving residential care established in section one\nhundred thirty-one-o of the social services law; and\n  2. does not have countable resources, as such term is defined in\nsection two hundred eight of the social services law, in an amount equal\nto or greater than the amount of resources an individual or couple may\nhave and remain eligible for supplemental security income benefits and\nadditional state payments pursuant to title XVI of the federal social\nsecurity act and title six of article five of the social services law.\n  (c) The amount of the state payment shall be the amount of the monthly\npersonal allowance established in section one hundred thirty-one-o of\nthe social services law for persons receiving residential care less the\nresident's countable income.\n  (d) The provisions of section one hundred thirty-one-o of the social\nservices law shall apply to all allowances and state payments under this\nsection.\n  (e) The commissioner is authorized to promulgate necessary regulations\nto provide for the time and manner for such state payments for personal\nneeds.\n
N.Y. PML Law § 210-A — New York Code / Act PML / Article 2 / Section 210-A
Relinquishment of franchise
Status: in_force

§ 210-a. Relinquishment of franchise. 1. No franchised corporation\nshall relinquish a franchise granted to it pursuant to section two\nhundred six of this article at any time within the term of any such\nfranchise without giving separate written notification of its intention\nto effect relinquishment by certified mail return receipt requested to\nthe franchise oversight board and the commission not less than one\nhundred eighty days prior to the date such franchised corporation\nproposes to be the effective date of relinquishment.\n  2. Such a franchised corporation shall not present a certificate of\ndissolution of its corporate existence under article ten of the\nnot-for-profit corporation law to the department of state with the\nconsent required by law attached thereto for a period of at least one\nhundred eighty days following the date that the association elected to\ndissolve its corporate status in the manner authorized by the provisions\nof such article.\n  3. Such a franchised corporation also shall not present a petition for\njudicial dissolution of its corporate existence to a court pursuant to\nthe provisions of article eleven of the not-for-profit corporation law\nfor a period of at least one hundred eighty days following the date that\naction was completed under section eleven hundred two of the\nnot-for-profit corporation law authorizing the presentation of such\npetition and the franchised corporation agrees to name the franchise\noversight board in the petition for the purpose of enabling the\nfranchise oversight board to receive a copy of any order to show cause\nmade by a court under the provisions of section eleven hundred four of\nthe not-for-profit corporation law.\n  4. If the franchised corporation voluntarily relinquishes its\nfranchise prior to expiration, or voluntarily declines to continue\nconducting race meetings and pari-mutuel betting on the races run at\nsuch race meetings as required by its franchises unless such declination\nis the result of strikes, acts of God, or other unavoidable causes not\nunder the control of such franchised corporation, or voluntarily affects\ncorporate dissolution in the manner provided for by article ten or\neleven of the not-for-profit corporation law and other applicable\nprovisions of law, or if such franchise is revoked by the board, then,\nnotwithstanding any other provision of law to the contrary, the\nfranchised corporation shall transfer to the franchise oversight board\nat the time of such relinquishment, declination, revocation or\ndissolution all right, title and interest held by such franchised\ncorporation in all such facilities and associated assets, and all\ncapital improvements made to the real property and such facilities.\n
N.Y. ACA Law § 57.27 — New York Code / Act ACA / Title U / Article 57-A / Section 57.27
Records with statewide significance
Status: in_force

§ 57.27. Records with statewide significance. The commissioner of\neducation is authorized to designate particular local government records\nfor permanent retention because of their enduring statewide\nsignificance.\n
N.Y. ISC Law § 2136 — New York Code / Act ISC / Article 21 / Section 2136
Reciprocity
Status: in_force

§ 2136. Reciprocity. The superintendent shall waive any requirements\nfor a nonresident license applicant otherwise applicable under this\nchapter if:\n  (a) the applicant has a current and valid license in his or her home\nstate and is in good standing in his or her home state;\n  (b) the applicant has submitted a completed application in the form\nprescribed by the superintendent or submitted the application for\nlicensure submitted to his or her home state;\n  (c) the applicant has paid the fees required by this chapter; and\n  (d) the applicant's home state awards nonresident insurance producer\nlicenses to residents of this state on the same basis as provided in\nthis subsection.\n
N.Y. PBS Law § 63-EE — New York Code / Act PBS / Article 3-C / Section 63-EE
Application of article
Status: in_force

§ 63-ee. Application of article.  This article shall apply to the\nconveying, transportation and furnishing of petroleum and other such\nflammable liquids, for any purpose, by way of pipeline. Within the\nmeaning of any provision of this article, the term, "liquid petroleum",\nshall include crude oil, natural gasoline, natural gas liquids,\nliquefied petroleum gas, liquid petroleum products and any other such\nflammable liquids.\n
N.Y. ISC Law § 1704 — New York Code / Act ISC / Article 17 / Section 1704
Exemptions applicable to subsidiaries; limitations generally
Status: in_force

§ 1704. Exemptions applicable to subsidiaries; limitations generally.\n(a) Investments in separate account subsidiaries and in investment\nsubsidiaries are exempt from the provisions of subsection (a) of section\none thousand seven hundred five of this article and separate account\nsubsidiaries and investment subsidiaries are exempt from the provisions\nof item (ii) of section one thousand seven hundred ten of this article.\nInvestments by the parent corporation in holding company operating\nsubsidiaries are exempt from the provisions of paragraph two of\nsubsection (a) of section one thousand seven hundred five of this\narticle.\n  (b) Subsidiaries that become such as a result of (i) the acquisition\nof securities received as permitted by subsection (e) of section one\nthousand four hundred three of this chapter or (ii) the temporary\nassumption of control by the owners of securities upon the happening of\na contingency are exempt from the provisions of section one thousand\nseven hundred eight and item (ii) of section one thousand seven hundred\nten of this article for one year, and from the provisions of subsection\n(a) of section one thousand seven hundred five of this article for five\nyears, after becoming subsidiaries.\n  (c) Investments in subsidiaries engaged or organized to engage in any\nkind of insurance business in which the parent corporation may engage,\nand investments in subsidiaries engaged or organized to engage\nexclusively in the ownership and management of such subsidiaries, are\nexempt from the provisions of subsection (a) of section one thousand\nseven hundred five of this article.\n  (d) Investments made or acquired by investment subsidiaries shall be\ndeemed, for the purposes of this chapter, to be made or acquired\ndirectly by the parent corporation (pro rata, in the case of a\nsubsidiary less than all of whose voting securities are owned by the\nparent corporation, in accordance with the parent corporation's\ninvestment in such subsidiary), and shall (to such extent) be subject to\nall the provisions and limitations (including quantitative limits) on\nthe making thereof specified in this chapter with respect to investments\nby the parent corporation.\n
N.Y. UCC Law § 4-A-106 — New York Code / Act UCC / Article 4-A / Part 1 / Section 4-A-106
Time Payment Order is Received
Status: in_force

Section 4-A-106. Time Payment Order is Received.\n  (1) The time of receipt of a payment order or communication cancelling\nor amending a payment order is determined by the rules applicable to\nreceipt of a notice stated in Section 1--202. A receiving bank may fix a\ncut-off time or times on a funds-transfer business day for the receipt\nand processing of payment orders and communications cancelling or\namending payment orders. Different cut-off times may apply to payment\norders, cancellations, or amendments, or to different categories of\npayment orders, cancellations, or amendments. A cut-off time may apply\nto senders generally or different cut-off times may apply to different\nsenders or categories of payment orders. If a payment order or\ncommunication cancelling or amending a payment order is received after\nthe close of a funds-transfer business day or after the appropriate\ncut-off time on a funds-transfer business day, the receiving bank may\ntreat the payment order or communication as received at the opening of\nthe next funds-transfer business day.\n  (2) If this Article refers to an execution date or payment date or\nstates a day on which a receiving bank is required to take action, and\nthe date or day does not fall on a funds-transfer business day, the next\nday that is a funds-transfer business day is treated as the date or day\nstated, unless the contrary is stated in this Article.\n