N.Y. EDN Law § 361 — New York Code / Act EDN / Title 1 / Article 8 / Section 361
START-UP NY program leases
Status: in_force

§ 361. START-UP NY program leases. 1. Any lease or contract between a\nstate university campus, city university campus or community college as\ndefined in section four hundred thirty-one of the economic development\nlaw and a business for the use of vacant land or vacant space owned or\nleased by such state university campus, community college or city\nuniversity campus in a tax-free NY area approved pursuant to article\ntwenty-one of the economic development law shall provide:\n  (a) The term of the lease or contract.\n  (b) A requirement that any contract to which a campus or college is a\nparty, and any contract entered into by a third party acting in place\nof, on behalf of and for the benefit of the campus or college therein\npursuant to any lease, permit or other agreement between such third\nparty and the campus or college for the use of vacant land or vacant\nspace owned or leased by the state university campus, community college\nor city university campus for the construction, reconstruction,\ndemolition, excavation, rehabilitation, repair, renovation, alteration\nor improvement of a project shall be subject to all of the provisions of\narticle eight of the labor law, including the enforcement of prevailing\nwage requirements by the fiscal officer as defined in paragraph e of\nsubdivision five of section two hundred twenty of the labor law to the\nsame extent as a contract of the state, and shall be deemed a public\nwork for purposes of such article.\n  (c) Whenever a party to any lease or contract for projects authorized\npursuant to this section on lands leased or owned by the city university\nof New York, enters into a contract under which employees are employed\nto perform building service work, as that term is defined in section two\nhundred thirty of the labor law, such work shall be subject to article\nnine of the labor law to the same extent as building service work\nperformed pursuant to a contract with a public agency.\n  (d) A requirement that for the purposes of article fifteen-A of the\nexecutive law, any individual, public corporation or authority, private\ncorporation, limited liability company or partnership or other entity\nentering into a contract, subcontract, lease, grant, bond, covenant or\nother agreement for a project undertaken by a business authorized\npursuant to article twenty-one of the economic development law shall be\ndeemed a state agency as that term is defined in such article and such\ncontracts shall be deemed state contracts within the meaning of that\nterm as set forth in such article, except that this paragraph shall not\napply to any lease or contract entered into by a community college of\nthe state university of New York or city university of New York.\n  (e) The metes and bounds or other applicable description that can be\neasily identified, shared and verified by an independent third party of\nthe vacant land or vacant space subject to the contract or lease.\n  (f) A requirement that any lease, contract or other agreement shall\ninclude an indemnity provision whereby the lessee or sublessee promises\nto indemnify, hold harmless, and defend the lessor against all claims,\nsuits, actions, and liability to all persons on the leased premises,\nincluding tenant, tenant's agents, contractors, subcontractors,\nemployees, customers, guests, licensees, invitees, and members of the\npublic, for damage to any such person's property, whether real or\npersonal, or for personal injuries arising out of tenant's use or\noccupation of the demised premises.\n  (g) A requirement that upon the expiration of the lease or agreement\ncovering property owned by the campus or college the demised premises\nand any improvements thereon shall revert to the campus or college,\nunless the lease is renewed.\n  (h) A requirement that in the event the demised premises shall cease\nto be used for the purposes described in the lease or contract covering\nproperty owned by the campus or college, the lease or contract shall\nterminate on the thirtieth day after notice of such termination is\nmailed to the business, the demised premises and any improvements\nthereon shall revert to the campus or college.\n  (i) A requirement that any and all proceeds relating to the lease or\ncontract shall be allocated by the board of trustees to the campus or\ncollege for which such contract or lease applies, deposited in the\ngeneral fund of such campus or college, and used for purposes including\nbut not limited to student financial aid for students who are eligible\nto receive a tuition assistance award or supplemental tuition assistance\npursuant to section six hundred sixty-seven or six hundred sixty-seven-a\nof the education law and to support additional full-time faculty\npositions.\n  2. For the purposes of this section and for the purposes of any lease\nor contract authorized pursuant to this section: "project" shall mean\ncapital improvement work on real property under the jurisdiction of the\ncampus or college to be subject to any lease, transfer or conveyance,\nother than conveyance of title. Such capital improvement work shall\ninclude the design, construction, reconstruction, demolition,\nexcavation, rehabilitation, repair, renovation, alteration or\nimprovement of real property under the jurisdiction of the campus or\ncollege.\n  3. A party to any lease or contract authorized pursuant to this\nsection may require a contractor awarded a contract, subcontract, lease,\ngrant, bond, covenant or other agreement for a project to enter into a\nproject labor agreement pursuant to section two hundred twenty-two of\nthe labor law during and for the work involved with such project when\nsuch requirement is part of such party's request for proposals for the\nproject and when the party determines that the record supporting the\ndecision to enter into such an agreement establishes that the interests\nunderlying the competitive bidding laws are best met by requiring a\nproject labor agreement including: obtaining the best work at the lowest\npossible price; preventing favoritism, fraud and corruption; the impact\nof delay; the possibility of cost savings; and any local history of\nlabor unrest.\n
N.Y. EXC Law § 608 — New York Code / Act EXC / Article 21-B / Title 1 / Section 608
Fees
Status: in_force

§ 608. Fees. The department shall, by regulation, establish reasonable\nfees for obtaining certification, obtaining warranty and installation\nseals and for instructional services, training and continuing education\npursuant to this article. Such fees shall be paid and deposited into a\nsegregated account established within the department which shall be used\nexclusively to defray the administrative expenses associated with\ncarrying out the provisions of this article.\n
N.Y. LAB Law § 380 — New York Code / Act LAB / Article 14 / Title 1 / Section 380
Lunchrooms
Status: in_force

§ 380. Lunchrooms. No lunchroom in any mercantile establishment where\nfemales are employed shall be next to or adjoining a watercloset, unless\na permit therefor is granted by the commissioner in a city or by the\nlocal board or department of health in a village. Such permit shall be\ngranted if proper sanitary conditions exist and may be revoked at any\ntime by the granting authority if the lunchroom is kept in such a manner\nor is so located as to be injurious to the health of the employees.\n
N.Y. PBA Law § 3306 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3306
Special powers of the corporation
Status: in_force

§ 3306. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following\nadditional powers, except as limited by this title, the public health\nlaw, the mental hygiene law, the social services law, the education law\nand any other applicable law or regulation:\n  1. To operate, manage, superintend and control any health facility\nunder its jurisdiction and to repair, maintain and otherwise keep up any\nsuch health facility; and to establish, collect and adjust fees,\nrentals, and other charges for the sale, lease or sublease of any such\nhealth facility, subject to the terms and conditions of any contract,\nlease, sublease or other agreement with the county;\n  2. To provide health and medical services for the public directly or\nby agreement or lease with any person, firm or private or public\ncorporation or association through or in the health facilities of the\ncorporation or otherwise and to make internal policies governing\nadmissions and health and medical services; and to establish, collect\nand adjust fees and other charges for the provision of such health and\nmedical services; and to provide and maintain resident physician and\nintern medical services; and to sponsor and conduct research,\neducational and training programs;\n  3. To provide uncompensated care to persons in need of health care\nservices without the ability to pay;\n  4. To provide, maintain and operate a medical transport service,\nprovided, however, nothing herein shall prohibit the corporation from\nadopting a schedule of charges for medical transport;\n  5. To enter into contracts, leases, subleases and other agreements for\nthe purpose of affiliating with a medical college in conjunction with\nthe corporation's health facilities, which agreements may provide for\nthe management, operation and staffing of health facilities, the\nreconstruction, renovation or addition to health facilities; the\nprovision of necessary facilities, utilities and services; and such\nother conditions or features necessary and proper for such purpose and\nfor the public health and general welfare;\n  6. To determine the conditions under which a physician may be extended\nthe privilege of practicing within a health facility under the\njurisdiction of the corporation, and to promulgate reasonable internal\npolicies for the conduct of all persons, physicians and nurses within\nsuch facility; and\n  7. (a) Except as provided in paragraph (b) of this subdivision or as\nexpressly limited by any applicable state law or regulation to exercise\nand perform all or part of its purposes, powers, duties, functions or\nactivities through one or more subsidiary corporations owned or\ncontrolled wholly or in part by the corporation, which shall be formed\npursuant to the business corporation law, the limited liability company\nlaw, or the not-for-profit corporation law, in each case subject to all\nthe limitations provided in this article.\n  (b) No subsidiary of the corporation shall own, operate, manage or\ncontrol the existing acute inpatient and outpatient facilities and\nservices now in operation on the grounds of the Valhalla campus.\n  (c) Any such subsidiary may be authorized to act as a general or\nlimited partner in a partnership or as a member of a limited liability\ncompany, and enter into an arrangement calling for an initial and\nsubsequent payment by such subsidiary in consideration of an interest in\nrevenues or other contractual rights.\n  (d) An entity shall be deemed a subsidiary corporation whenever and so\nlong as (i) more than half of any voting shares of such subsidiary are\nowned or held by the corporation or (ii) a majority of the directors,\ntrustees or members of such subsidiary are designees of the corporation.\n
N.Y. PBH Law § 1114-B — New York Code / Act PBH / Article 11 / Title 1 / Section 1114-B
Service line inventories and mapping
Status: in_force

§ 1114-b. Service line inventories and mapping. 1. Definitions. For\nthe purposes of this section:\n  (a) "Service line" means any piping connecting a water main to a\nbuilding inlet.\n  (b) "Gooseneck, pigtail, or connector" means a short section of\npiping, typically not exceeding two feet, which can be bent and used for\nconnections between rigid portions of a service line, as defined in 40\nCFR 141.2.\n  (c) "Galvanized service line" means iron or steel piping that has been\ndipped in zinc to prevent corrosion and rusting.\n  (d) "Covered public water system" means (i) a public water system that\nserves at least fifteen service connections used by year-round residents\nor regularly serves at least twenty-five year-round residents; or (ii) a\npublic water system that regularly serves at least twenty-five of the\nsame people, four hours or more per day, for four or more days per week,\nfor twenty-six or more weeks per year.\n  2. Each covered public water system shall submit a service line\ninventory, in a format to be developed by the department, that\nidentifies the location, material composition, and other details of all\nservice lines connected to its distribution system. Each covered public\nwater system shall also submit an inventory summary form, in a format to\nbe developed by the department, summarizing the data identified in the\nservice line inventory. Notwithstanding subdivisions three and four of\nthis section, the development of service line inventories and inventory\nsummary forms shall comply with requirements promulgated by the United\nStates environmental protection agency.\n  3. Each service line shall be listed in service line inventories. Each\ncovered public water system shall include for each service line the\ninformation listed in this subdivision. The covered public water system\nmay mark "unknown" where documented evidence is not currently available:\n  (a) street address;\n  (b) town;\n  (c) zip code;\n  (d) if known, whether a gooseneck, pigtail, or connector made of lead\nis present;\n  (e) if known, the material composition of both the public portion and\ncustomer portion of the service line;\n  (f) if known, whether the public portion or customer portion of the\nservice line was ever made of lead;\n  (g) the verification method used to determine the material composition\nof both the public portion and customer portion of the service line;\n  (h) if known, the installation or replacement date of both the public\nportion and customer portion of the service line;\n  (i) if known, the diameter of both the public portion and customer\nportion of the service line;\n  (j) if known, whether lead solder is present;\n  (k) if known, the building type; and\n  (l) if known, whether a point of use or point of entry treatment\nsystem is present.\n  4. Inventory summary forms shall include, but not be limited to, the\nfollowing information about each covered water system:\n  (a) water system name and identification number;\n  (b) contact information for the owner or licensed operator of record\ncompleting the form;\n  (c) the total number of service lines in the distribution system;\n  (d) the total number of lead service lines, including the total number\nof lead public service line portions and the total number of lead\ncustomer service line portions;\n  (e) the total number of galvanized service lines requiring replacement\nas defined in 40 CFR 141.84, including the total number of galvanized\npublic service line portions requiring replacement and the total number\nof galvanized customer service line portions requiring replacement;\n  (f) the total number of non-lead service lines, including the total\nnumber of non-lead public service line portions and the total number of\nnon-lead customer service line portions;\n  (g) the total number of service lines of unknown material, including\nthe total number of unknown public service line portions and the total\nnumber of unknown customer service line portions;\n  (h) the total number of public service line portions identified by\nhistorical records, field inspections, customer identification with\nphoto or other verification, excavation, sequential sampling,\nstatistical analysis/predictive modeling, or other method determined by\nthe covered public water system to accurately identify service line\nmaterials;\n  (i) the total number of customer service portions identified by\nhistorical records, field inspections, customer identification with\nphoto or other verification, excavation, sequential sampling, and\nstatistical analysis/predictive modeling, or other method determined by\nthe covered public water system to accurately identify service line\nmaterials;\n  (j) a description of how the service line inventory will be accessible\nto the public; and\n  (k) a certification verifying the accuracy of the information.\n  5. Each covered public water system shall electronically submit to the\ndepartment an initial service line inventory and an initial inventory\nsummary form no later than October sixteenth, two thousand twenty-four.\nThe department may prescribe data management means and methods for\nelectronic submissions by covered public water systems for uniformity\npurposes.\n  6. Covered public water systems whose inventories contain any service\nlines classified as lead, galvanized requiring replacement as defined in\n40 CFR 141.84, or unknown shall electronically submit updated service\nline inventories and inventory summary forms to the department at least\nannually. Updated service line inventories and inventory summary forms\nshall reflect information gathered during any service line replacements\nor service line material inspections that may have been conducted.\nUpdated inventory summary forms shall additionally include:\n  (a) a description detailing the steps being taken to determine the\nmaterial composition of unknown service lines;\n  (b) the total number of service lines classified as lead, galvanized\nrequiring replacement, or unknown that were replaced over the course of\nthe previous year; and\n  (c) the total number of service lines classified as unknown that were\ndetermined to be lead, galvanized requiring replacement, or other\nmaterial over the course of the previous year.\n  7. Each covered public water system which operates its own website\nshall make its most recent service line inventory and inventory summary\nform available to the public on its website.\n  8. No later than one hundred twenty days after receiving initial and\nupdated service line inventories and inventory summary forms, the\ndepartment shall make such inventories and inventory summary forms\navailable to the public through the department's website. Each local\nhealth department shall include a link on its website to the website\nmaintained by the department for hosting service line inventories and\ninventory summary forms.\n  9. No later than October sixteenth, two thousand twenty-six, the\ndepartment shall make the information from the service line inventories\nof covered public water systems serving more than ten thousand people\nand fewer than two million people available to the public on the\ndepartment's website in the form of an interactive map or maps. Such\ninteractive map or maps shall include, for each service line:\n  (a) material classification, including the material classification of\nboth the public and customer portions of a service line;\n  (b) street address; and\n  (c) the verification method for the service line classification.\n  10. The department's interactive map or maps shall be searchable by\naddress, and color-coded where applicable to designate material\nclassification. The department's interactive map or maps shall be\nupdated at least annually, in conjunction with the submission of updated\nservice line inventories by covered public water systems. The department\nmay choose not to create an interactive map when a covered public water\nsystem certifies that it maintains and updates its own interactive map,\nand shall include a link to such interactive map on the department's\nwebsite.\n  11. The department shall adopt such rules and regulations as it deems\nnecessary and proper to implement the provisions of this section.\n
N.Y. SOS Law § 374-C — New York Code / Act SOS / Article 6 / Title 1 / Section 374-C
Authority to operate group homes
Status: in_force

§ 374-c.  Authority to operate group homes. 1.  An authorized agency\nwhich is not a court, public board, commission or official is hereby\nempowered and permitted to operate group homes in compliance with\nregulations of the department.  A social services official who is\nauthorized to place children in family homes and institutions, pursuant\nto section three hundred ninety-eight, may be authorized by the\ndepartment to operate group homes in compliance with such regulations,\nprovided that such official demonstrates to the satisfaction of the\ndepartment the need therefor and that suitable care is not otherwise\navailable for children under the care of such official through an\nauthorized agency under the control of persons of the same religious\nfaith as such children.  Such homes shall be subject to supervision,\nvisitation and inspection by the department and shall also be subject to\nvisitation and inspection by the board.\n  2. (a) If an authorized agency plans to establish one or more group\nhomes within a municipality, it shall notify the chief executive officer\nof the municipality in writing of its intentions and include in such\nnotice a description of the nature, size and the community support\nrequirements of the program.\n  (b) For purposes of this subdivision, "municipality" means an\nincorporated village, if a facility is to be located therein; a town, if\nthe facility is to be located therein, and not simultaneously within an\nincorporated village; or a city, except that in the city of New York,\nthe community board with jurisdiction over the area in which such a\nfacility is to be located shall be considered the municipality.\n
N.Y. RPT Law § 527 — New York Code / Act RPT / Article 5 / Title 1-A / Section 527
Failure to meet for purpose of hearing complaints and ratifying stipulated assessments
Status: in_force

§ 527. Failure to meet for purpose of hearing complaints and ratifying\nstipulated assessments. 1. If the board of assessment review of any\nassessing unit fails to meet for the purpose of hearing complaints or\nstipulations in relation to assessments on the day specified by law, the\ncounty treasurer, the chairman of the county legislative body and the\nclerk of the county legislative body shall serve as an acting board of\nassessment review which shall hear and determine complaints and ratify\nstipulations in relation to assessments as provided in this section.\n  2. Immediately following the failure of the board of assessment review\nto meet to hear complaints or stipulations in relation to assessments on\nthe day specified by law, the assessor shall so notify the county\ndirector of real property tax services. At such time the assessor shall\nalso transmit to the county director all complaints or stipulations\nfiled pursuant to subdivision one of section five hundred twenty-four of\nthis title in his or her possession.\n  3. Upon receiving notice pursuant to subdivision two of this section,\nthe county director of real property tax services shall cause the acting\nboard of assessment review to establish a time, date and place for such\nacting board to meet to hear complaints or ratify stipulations in\nrelation to assessments. Such hearing shall be scheduled on a date no\nearlier than fifteen days after the date specified by law on which the\nboard of assessment should have heard complaints in relation to\nassessments and no later than ten days prior to the last date provided\nby law for the completion and filing of the final assessment roll. The\nhearing shall be scheduled for a period of at least four hours, not\nnecessarily continuous, between nine o'clock in the morning and ten\no'clock in the evening, with at least two hours after six o'clock in the\nevening. To the extent practicable, the hearing shall be held in the\nassessing unit for which the acting board of assessment review serves.\n  4. Not later than seven days prior to the date on which the hearing of\nthe acting board of assessment review is scheduled, the county director\nof real property tax services shall send by first class mail to each\nperson who filed a complaint referred to in subdivision two of this\nsection and publish in a newspaper having general circulation in the\nassessing unit a notice indicating the time, date and place that the\nacting board of assessment review shall meet to hear complaints in\nrelation to assessments.  No such notice shall be required where the\nassessor and the person who filed such complaint have entered into a\nstipulation of assessment as provided in section five hundred\ntwenty-four of this title.\n  5. Complaints and stipulations with respect to assessments which\nconform to the requirements of subdivisions two, three and four of\nsection five hundred twenty-four of this title may be filed with the\nassessor or county director of real property tax services at any time\nprior to the meeting of the acting board of assessment review to hear\ncomplaints in relation to assessments or with such acting board at such\nhearing or at any adjourned hearing. On or before the date of such\nhearing, the assessor and the county director shall deliver to such\nacting board all complaints in their possession.\n  6. At the time, date and place established pursuant to subdivision\nthree of this section and so many days thereafter as the acting board of\nassessment review deems necessary, such acting board shall meet to hear\nthe complaints and stipulations in relation to assessments referred to\nin subdivision two of this section or filed pursuant to subdivision five\nof this section. At such hearing or adjourned hearing, the acting board\nof assessment review shall exercise and perform all of the powers and\nduties conferred upon the boards of assessment review by subdivision two\nof section five hundred twenty-five of this title. The assessor shall\nattend all such hearings or adjourned hearings of the acting board of\nassessment review.\n  7. The acting board of assessment review shall thereafter determine\neach complaint by exercising and performing all of the powers and duties\nconferred upon boards of assessment review by subdivisions three and\nfour of section five hundred twenty-five of this title. The county\ndirector shall provide administrative support in preparing the statement\nand notices required by such subdivisions and the assessor shall make\nthe changes ordered by such acting board as provided in subdivision five\nof section five hundred twenty-six of this title.\n  8. Expenses incurred by a county pursuant to this section in providing\nadministrative support to an acting board of assessment review\nincluding, but not limited to the cost of preparing, mailing and\npublishing any notices, statements or minutes required by this section\nor section five hundred twenty-five of this title shall be charged to\nthe assessing unit, provided, however, that nothing in this section\nshall prevent the assessing unit from providing administrative support\nto the acting board of assessment review under the county director's\nsupervision and from incurring such expenses in the first instance.\n
N.Y. EDN Law § 1130 — New York Code / Act EDN / Title 1 / Article 23-B / Section 1130
Notification by district attorney
Status: in_force

§ 1130. Notification by district attorney. Where a criminal\ninvestigation of an allegation of child abuse by an employee or\nvolunteer is undertaken in response to a report forwarded by a school\nadministrator or superintendent to law enforcement authorities pursuant\nto section eleven hundred twenty-eight of this article, and where law\nenforcement authorities have provided such report to the district\nattorney and have requested assistance, as soon as practicable, it shall\nbe the responsibility of the district attorney to notify the\nsuperintendent of schools of the district where the acts of child abuse\nallegedly occurred and of the school district where the child is\nattending, if different, of an indictment or the filing of an accusatory\ninstrument against the employee or volunteer against whom an allegation\nof child abuse in an educational setting was made. The district attorney\nshall notify the superintendent of schools of the district where the\nacts of child abuse allegedly occurred and of the school district, if\ndifferent, where the child is attending of the disposition of the\ncriminal case against such employee or volunteer or the suspension or\ntermination of the criminal investigation of such employee or volunteer.\nThe aforementioned notifications to the superintendent of schools shall\nbe made to the appropriate school administrator where the acts of child\nabuse allegedly occurred in a school other than a school district or\npublic school.\n
N.Y. EDN Law § 252 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 252
Other libraries owned by the state
Status: in_force

§ 252. Other libraries owned by the state.  The report of the state\nlibrary to the legislature shall include a statement of the total number\nof volumes or pamphlets, the number added during the year, with a\nsummary of operations and conditions, and any needed recommendation for\nsafety or usefulness for each of the other libraries owned by the state,\nthe custodian of which shall furnish such information or facilities for\ninspection as the regents may require for making this report.  Each of\nthese libraries shall be under the sole control now provided by law, but\nfor the annual report of the total number of books owned by or bought\neach year by the state, it shall be considered as a branch of the state\nlibrary and shall be entitled to any facilities for exchange of\nduplicates, inter-library loans or other privileges properly accorded to\na branch.\n
N.Y. PBH Law § 4903 — New York Code / Act PBH / Article 49 / Title 1 / Section 4903
Utilization review determinations
Status: in_force

§ 4903. Utilization review determinations. 1. Utilization review shall\nbe conducted by:\n  (a) Administrative personnel trained in the principles and procedures\nof intake screening and data collection, provided, however, that\nadministrative personnel shall only perform intake screening, data\ncollection and non-clinical review functions and shall be supervised by\na licensed health care professional;\n  (b) A health care professional who is appropriately trained in the\nprinciples, procedures and standards of such utilization review agent;\nprovided, however, that a health care professional who is not a clinical\npeer reviewer may not render an adverse determination; and\n  (c) A clinical peer reviewer where the review involves an adverse\ndetermination.\n  2. (a) A utilization review agent shall make a utilization review\ndetermination involving health care services which require\npre-authorization and provide notice of a determination to the enrollee\nor enrollee's designee and the enrollee's health care provider by\ntelephone and in writing within three business days of receipt of the\nnecessary information, or for inpatient rehabilitation services\nfollowing an inpatient hospital admission provided by a hospital or\nskilled nursing facility, within one business day of receipt of the\nnecessary information. The notification shall identify; (i) whether the\nservices are considered in-network or out-of-network; (ii) and whether\nthe enrollee will be held harmless for the services and not be\nresponsible for any payment, other than any applicable co-payment or\nco-insurance; (iii) as applicable, the dollar amount the health care\nplan will pay if the service is out-of-network; and (iv) as applicable,\ninformation explaining how an enrollee may determine the anticipated\nout-of-pocket cost for out-of-network health care services in a\ngeographical area or zip code based upon the difference between what the\nhealth care plan will reimburse for out-of-network health care services\nand the usual and customary cost for out-of-network health care\nservices.\n  * (b) With regard to individual or group contracts authorized pursuant\nto article forty-four of this chapter, for utilization review\ndeterminations involving proposed mental health and/or substance use\ndisorder services where the enrollee or the enrollee's designee has, in\na format prescribed by the superintendent of financial services,\ncertified in the request that the proposed services are for an\nindividual who will be appearing, or has appeared, before a court of\ncompetent jurisdiction and may be subject to a court order requiring\nsuch services, the utilization review agent shall make a determination\nand provide notice of such determination to the enrollee or the\nenrollee's designee by telephone within seventy-two hours of receipt of\nthe request. Written notice of the determination to the enrollee or\nenrollee's designee shall follow within three business days. Where\nfeasible, such telephonic and written notice shall also be provided to\nthe court.\n  * NB Effective until January 1, 2027\n  * (b) With regard to individual or group contracts authorized pursuant\nto article forty-four of this chapter, for utilization review\ndeterminations involving proposed mental health and/or substance-related\nand addictive disorder services where the enrollee or the enrollee's\ndesignee has, in a format prescribed by the superintendent of financial\nservices, certified in the request that the proposed services are for an\nindividual who will be appearing, or has appeared, before a court of\ncompetent jurisdiction and may be subject to a court order requiring\nsuch services, the utilization review agent shall make a determination\nand provide notice of such determination to the enrollee or the\nenrollee's designee by telephone within seventy-two hours of receipt of\nthe request. Written notice of the determination to the enrollee or\nenrollee's designee shall follow within three business days. Where\nfeasible, such telephonic and written notice shall also be provided to\nthe court.\n  * NB Effective January 1, 2027\n  * 3. (a) A utilization review agent shall make a determination\ninvolving continued or extended health care services, additional\nservices for an enrollee undergoing a course of continued treatment\nprescribed by a health care provider, or requests for inpatient\nsubstance use disorder treatment, or home health care services following\nan inpatient hospital admission, and shall provide notice of such\ndetermination to the enrollee or the enrollee's designee, which may be\nsatisfied by notice to the enrollee's health care provider, by telephone\nand in writing within one business day of receipt of the necessary\ninformation except, with respect to home health care services following\nan inpatient hospital admission, within seventy-two hours of receipt of\nthe necessary information when the day subsequent to the request falls\non a weekend or holiday and except, with respect to inpatient substance\nuse disorder treatment, within twenty-four hours of receipt of the\nrequest for services when the request is submitted at least twenty-four\nhours prior to discharge from an inpatient admission. Notification of\ncontinued or extended services shall include the number of extended\nservices approved, the new total of approved services, the date of onset\nof services and the next review date.\n  (b) Provided that a request for home health care services and all\nnecessary information is submitted to the utilization review agent prior\nto discharge from an inpatient hospital admission pursuant to this\nsubdivision, a utilization review agent shall not deny, on the basis of\nmedical necessity or lack of prior authorization, coverage for home\nhealth care services while a determination by the utilization review\nagent is pending.\n  (c) Provided that a request for inpatient treatment for substance use\ndisorder is submitted to the utilization review agent at least\ntwenty-four hours prior to discharge from an inpatient admission\npursuant to this subdivision, a utilization review agent shall not deny,\non the basis of medical necessity or lack of prior authorization,\ncoverage for the inpatient substance use disorder treatment while a\ndetermination by the utilization review agent is pending.\n  * NB Effective until January 1, 2027\n  * 3. (a) A utilization review agent shall make a determination\ninvolving continued or extended health care services, additional\nservices for an enrollee undergoing a course of continued treatment\nprescribed by a health care provider, or requests for inpatient\nsubstance-related and addictive disorder treatment, or home health care\nservices following an inpatient hospital admission, and shall provide\nnotice of such determination to the enrollee or the enrollee's designee,\nwhich may be satisfied by notice to the enrollee's health care provider,\nby telephone and in writing within one business day of receipt of the\nnecessary information except, with respect to home health care services\nfollowing an inpatient hospital admission, within seventy-two hours of\nreceipt of the necessary information when the day subsequent to the\nrequest falls on a weekend or holiday and except, with respect to\ninpatient substance-related and addictive disorder treatment, within\ntwenty-four hours of receipt of the request for services when the\nrequest is submitted at least twenty-four hours prior to discharge from\nan inpatient admission. Notification of continued or extended services\nshall include the number of extended services approved, the new total of\napproved services, the date of onset of services and the next review\ndate.\n  (b) Provided that a request for home health care services and all\nnecessary information is submitted to the utilization review agent prior\nto discharge from an inpatient hospital admission pursuant to this\nsubdivision, a utilization review agent shall not deny, on the basis of\nmedical necessity or lack of prior authorization, coverage for home\nhealth care services while a determination by the utilization review\nagent is pending.\n  (c) Provided that a request for inpatient treatment for\nsubstance-related and addictive disorder is submitted to the utilization\nreview agent at least twenty-four hours prior to discharge from an\ninpatient admission pursuant to this subdivision, a utilization review\nagent shall not deny, on the basis of medical necessity or lack of prior\nauthorization, coverage for the inpatient substance-related and\naddictive disorder treatment while a determination by the utilization\nreview agent is pending.\n  * NB Effective January 1, 2027\n  3-a. A utilization review agent shall grant a step therapy protocol\noverride determination within seventy-two hours of the receipt of\ninformation that includes supporting rationale and documentation from a\nhealth care professional which demonstrates that:\n  (a) The required prescription drug or drugs is contraindicated, will\nlikely cause an adverse reaction by or physical or mental harm to the\nenrollee;\n  (b) The required prescription drug or drugs is expected to be\nineffective based on the known clinical history and conditions of the\nenrollee and the enrollee's prescription drug regimen;\n  (c) The enrollee has tried the required prescription drug or drugs\nwhile under their current or a previous health insurance or health\nbenefit plan, or another prescription drug or drugs in the same\npharmacologic class or with the same mechanism of action and such\nprescription drug or drugs was discontinued due to lack of efficacy or\neffectiveness, diminished effect, or an adverse event;\n  (d) The enrollee is stable on a prescription drug or drugs selected by\ntheir health care professional for the medical condition under\nconsideration, provided that this shall not prevent a utilization review\nagent from requiring an insured to try an AB-rated generic equivalent\nprior to providing coverage for the equivalent brand name prescription\ndrug or drugs; or\n  (e) The required prescription drug or drugs is not in the best\ninterest of the enrollee because it will likely cause a significant\nbarrier to the enrollee's adherence to or compliance with the enrollee's\nplan of care, will likely worsen a comorbid condition of the enrollee,\nor will likely decrease the covered enrollee's ability to achieve or\nmaintain reasonable functional ability in performing daily activities.\n  3-b. For an enrollee with a medical condition that places the health\nof the insured in serious jeopardy without the prescription drug or\ndrugs prescribed by the insured's health care professional, the step\ntherapy protocol override determination shall be granted within\ntwenty-four hours of the receipt of information that includes supporting\nrationale and documentation from a health care professional\ndemonstrating one or more of the standards provided for in subdivision\nthree-a of this section.\n  3-c. Upon a determination that the step therapy protocol should be\noverridden, the health care plan shall authorize immediate coverage for\nthe prescription drug or drugs prescribed by the enrollee's treating\nhealth care professional. Any approval of a step therapy protocol\noverride determination request shall be honored until the lesser of\neither treatment duration based on current evidence-based treatment\nguidelines or twelve months following the date of the approval of the\nrequest or renewal of the enrollee's coverage.\n  4. A utilization review agent shall make a utilization review\ndetermination involving health care services which have been delivered\nwithin thirty days of receipt of the necessary information.\n  5. (a) Notice of an adverse determination made by a utilization review\nagent shall be in writing and must include:\n  (i) the reasons for the determination including the clinical\nrationale, if any;\n  (ii) instructions on how to initiate standard and expedited appeals\npursuant to section forty-nine hundred four and an external appeal\npursuant to section forty-nine hundred fourteen of this article;\n  (iii) notice of the availability, upon request of the enrollee, or the\nenrollee's designee, of the clinical review criteria relied upon to make\nsuch determination. Such notice shall also specify what, if any,\nadditional necessary information must be provided to, or obtained by,\nthe utilization review agent in order to render a decision on the\nappeal; and\n  (iv) for an adverse determination related to a step therapy protocol\noverride request, information that includes the clinical review criteria\nrelied upon to make such determination and any applicable alternative\nprescription drugs subject to the step therapy protocol of the\nutilization review agent.\n  (b) A utilization review agent may provide notice of an adverse\ndetermination related to a step therapy protocol override determination\nelectronically pursuant to subdivision nine of this section, including\nby electronic mail or through the health care plan's member portal and\nprovider portal. An electronic notice of such an adverse determination\nmay meet the requirements of subparagraph (iv) of paragraph (a) of this\nsubdivision by linking to information posted on the website of the\nhealth care plan.\n  6. In the event that a utilization review agent renders an adverse\ndetermination without attempting to discuss such matter with the\nenrollee's health care provider who specifically recommended the health\ncare service, procedure or treatment under review, such health care\nprovider shall have the opportunity to request a reconsideration of the\nadverse determination. Except in cases of retrospective reviews, such\nreconsideration shall occur within one business day of receipt of the\nrequest and shall be conducted by the enrollee's health care provider\nand the clinical peer reviewer making the initial determination or a\ndesignated clinical peer reviewer if the original clinical peer reviewer\ncannot be available. In the event that the adverse determination is\nupheld after reconsideration, the utilization review agent shall provide\nnotice as required pursuant to subdivision five of this section. Nothing\nin this section shall preclude the enrollee from initiating an appeal\nfrom an adverse determination.\n  7. Failure by the utilization review agent to make a determination\nwithin the time periods prescribed in this section shall be deemed to be\nan adverse determination subject to appeal pursuant to section\nforty-nine hundred four of this title, provided, however, that failure\nto meet such time periods for a step therapy protocol as defined in\nsubdivision seven-f-three of section forty-nine hundred of this title or\na step therapy protocol override determination pursuant to subdivisions\nthree-a, three-b and three-c of this section shall be deemed to be an\noverride of the step therapy protocol. A utilization review agent's\nfailure to comply with any of the step therapy protocol requirements\nrequired in subdivisions five and six of section forty-nine hundred two\nof this title shall be considered a basis for granting an override of\nthe step therapy protocol, absent fraud.\n  8. The commissioner, in conjunction with the superintendent of\nfinancial services, shall develop standards for prior authorization\nrequests to be utilized by all health care plans for the purposes of\nsubmitting a request for a utilization review determination for coverage\nof prescription drug benefits under this article. The department and the\ndepartment of financial services, in development of the standards, shall\ntake into consideration existing electronic prior authorization\nstandards including National Council for Prescription Drug Programs\n(NCPDP) electronic prior authorization standard transactions.\n  9. A utilization review agent shall have procedures for obtaining an\nenrollee's, or enrollee's designee's, preference for receiving\nnotifications, which shall be in accordance with applicable federal law\nand with guidance developed by the commissioner. Written and telephone\nnotification to an enrollee or the enrollee's designee under this\nsection may be provided by electronic means where the enrollee or the\nenrollee's designee has informed the organization in advance of\npreference to receive such notifications by electronic means. An\norganization shall permit the enrollee and the enrollee's designee to\nchange the preference at any time. To the extent practicable, such\nwritten and telephone notification to the enrollee's health care\nprovider shall be transmitted electronically, in a manner and in a form\nagreed upon by the parties. The utilization review agent shall retain\ndocumentation of preferred notification methods and present such records\nto the commissioner upon request.\n
N.Y. PBH Law § 2997 — New York Code / Act PBH / Article 29-D / Title 1 / Section 2997
Patient privacy
Status: in_force

§ 2997. Patient privacy. 1. The department shall examine state laws\nprotecting the privacy of individual patient data, and determine the\nnecessity of supplementing existing protections.\n  2. The department shall examine federal initiatives protecting the\nprivacy of individual patient data, and such federal initiatives'\npotential preemptive effect on state law protections.\n  3. The department shall provide a report of its findings to the\ngovernor and the legislature within eighteen months of the effective\ndate of this section.\n
N.Y. EDN Law § 450 — New York Code / Act EDN / Title 1 / Article 10 / Section 450
Short title
Status: in_force

§ 450. Short title.  This article may be cited as the New York City\nEducational Construction Fund Act.\n
N.Y. SOS Law § 152 — New York Code / Act SOS / Article 5 / Title 1 / Section 152
Payments to the New York public welfare association; attendance at conventions of public welfare officials
Status: in_force

§ 152. Payments to the New York public welfare association; attendance\nat conventions of public welfare officials.  The legislative body of a\ncounty or city is hereby authorized to include annually in the\nappropriation made for public assistance and care and to raise by\ntaxation the sum necessary to meet the actual and necessary expenses of\nmaintaining and continuing the New York public welfare association for\nthe purpose of devising practical ways and means for obtaining greater\neconomy and efficiency in the administration of public assistance and\ncare, and for the expenses incurred by public welfare officials and\nemployees in attending meetings of public welfare officials.\nSuperintendents and matrons of public homes, county and city public\nwelfare officials and deputies and agents designated by the public\nwelfare officials are authorized to attend the midwinter and annual\nconventions of public welfare officials.  The necessary expenses in\nconnection with such attendance shall be paid from public welfare funds.\n
N.Y. EDN Law § 215-B — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 215-B
Annual report by commissioner to governor and legislature
Status: in_force

§ 215-b. Annual report by commissioner to governor and legislature.\nThe commissioner shall prepare and submit to the governor, the president\npro tem of the senate and the speaker of the assembly not later than\nJanuary first, nineteen hundred ninety-six and by the first day of\nJanuary in each year thereafter, a report detailing the financial and\nstatistical outcomes of boards of cooperative educational services which\nshall, at minimum, set forth with respect to the preceding school year:\ntuition costs for selected programs; standard per pupil cost information\nfor selected services as determined by the commissioner; and aggregate\nexpenditure data for the following categories: administration,\ninstructional services, career education, special education, rent and\nfacilities and other services; and such other information as deemed\nappropriate by the commissioner. The format for such report shall be\ndeveloped in consultation with school district officials and the\ndirector of the budget. Such report will include changes from the year\nprior to the report year for each such item for all boards of\ncooperative educational services.  Such report shall be distributed to\nall school districts and boards of cooperative educational services and\nshall be made available to all other interested parties upon request.\n
N.Y. GOB Law § 17-107 — New York Code / Act GOB / Article 17 / Title 1 / Section 17-107
Effect of part payment on time limited for foreclosure of a mortgage
Status: in_force

§ 17-107. Effect of part payment on time limited for foreclosure of a\nmortgage. 1. A payment on account of a mortgage indebtedness, or\ninstalment thereof or interest thereon, which is effective to revive an\naction to recover such indebtedness, instalment or interest or to extend\nthe time limited for such action, is also effective, between persons\ndescribed in subdivision two of this section, to make the time limited\nfor commencement of an action to foreclose the mortgage run from the\ndate of payment, unless the payment is accompanied by written disclaimer\nof intention to affect the time limited for foreclosure of the mortgage.\n  2. A payment on account of the indebtedness secured by a mortgage of\nreal property as defined in section 17-105, or a mortgage of a lease of\nreal property, or on account of an instalment thereof or interest\nthereon, is effective as provided in this section:\n  a. as against (1) the person who made it, to the extent of any\ninterest held by him at the date thereof, and (2) any person\nsubsequently acquiring from him any such interest, without giving value\nor with actual notice of the making of the payment, to the extent of the\ninterest so acquired; and\n  b. in favor of (1) the mortgagee or his assignee, and (2) any person\nwho, after the date of the payment, succeeds or is subrogated to the\ninterest of either of them in the mortgage or otherwise acquires an\ninterest in the enforcement of the mortgage.\n  If the payment is made before expiration of the time limited for the\ncommencement of the action, it is also effective against any subsequent\npurchaser of the interest of the person who made the payment, to the\nextent of the interest that the person who made the payment had at the\ntime thereof.\n  3. No payment described in subdivision one of this section has any\ngreater effect, with respect to the time limited for foreclosure of the\nmortgage, than that provided in this section.\n
N.Y. PBH Law § 3305 — New York Code / Act PBH / Article 33 / Title 1 / Section 3305
Exemptions
Status: in_force

§ 3305. Exemptions. 1. The provisions of this article restricting the\npossession and control of controlled substances and official New York\nstate prescription forms shall not apply:\n  (a) to common carriers or to warehousemen, while engaged in lawfully\ntransporting or storing such substances, or to any employee of the same\nacting within the scope of his employment; or\n  (b) to public officers or their employees in the lawful performance of\ntheir official duties requiring possession or control of controlled\nsubstances; or\n  (c) to temporary incidental possession by employees or agents of\npersons lawfully entitled to possession, or by persons whose possession\nis for the purpose of aiding public officers in performing their\nofficial duties.\n  (d) to a duly authorized agent of an incorporated society for the\nprevention of cruelty to animals or a municipal animal control facility\nfor the limited purpose of buying, possessing, and dispensing to\nregistered and certified personnel, ketamine hydrochloride to\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\nincluding but not limited to dogs and cats. The department shall,\nconsistent with the public interest, register such duly authorized agent\nand such agent shall file, on a quarterly basis, a report of purchase,\npossession, and use of ketamine hydrochloride and/or sodium\npentobarbital, which report shall be certified by the society for the\nprevention of cruelty to animals or municipal animal control facility as\nto its accuracy and validity. This report shall be in addition to any\nother record keeping and reporting requirements of state and federal law\nand regulation.  The department shall adopt rules and regulations\nproviding for the registration and certification of any individual who,\nunder the direction of the duly authorized and registered agent of an\nincorporated society for the prevention of cruelty to animals, or\nmunicipal animal control facility, uses ketamine hydrochloride to\nanesthetize animals and/or sodium pentobarbital to euthanize animals,\nincluding but not limited to dogs and cats. The department may also\nadopt such other rules and regulations as shall provide for the safe and\nefficient use of ketamine hydrochloride and/or sodium pentobarbital by\nincorporated societies for the prevention of cruelty to animals and\nanimal control facilities. Nothing in this paragraph shall be deemed to\nwaive any other requirement imposed on incorporated societies for the\nprevention of cruelty to animals and animal control facilities by state\nand federal law and regulation.\n  2. The commissioner may, by regulation, provide for the exemption from\nall or part of the requirements of this article the possession of\nsubstances in schedule III or IV and use thereof as part of an\nindustrial process or manufacture of substances other than drugs. The\ncommissioner may impose such conditions upon the granting of such\nexemption as may be necessary to protect against diversion or misuse of\nthe controlled substance.\n  3. The commissioner is hereby authorized and empowered to make any\nrules, regulations and determinations permitting the following\ncategories of persons to obtain, dispense and administer controlled\nsubstances under such conditions and in such manner as he shall\nprescribe:\n  (a) a person in the employ of the United States government or of any\nstate, territory, district, county, municipal, or insular government,\nobtaining, possessing, dispensing and administering controlled\nsubstances by reason of his official duties;\n  (b) a master of a ship or a person in charge of any aircraft upon\nwhich no physician is regularly employed, or to a physician or surgeon\nduly licensed in any state, territory, or the District of Columbia to\npractice his profession, or to a retired commissioned medical officer of\nthe United States army, navy, or public health service, employed upon\nsuch ship or aircraft, for the actual medical needs of persons on board\nsuch ship or aircraft when not in port.\n  (c) a person in a foreign country in compliance with the provisions of\nthis article.\n  4. The provisions of this article with respect to the payment of fees\nand costs shall not apply to the state of New York or any political\nsubdivision thereof or any agency or instrumentality of either.\n
N.Y. EDN Law § 382 — New York Code / Act EDN / Title 1 / Article 8-A / Section 382
Annual report of trustees
Status: in_force

§ 382. Annual report of trustees.  1. The fund shall submit to the\ngovernor, the regents, the state university trustees, the legislature,\nthe chairs of the senate finance committee and the assembly ways and\nmeans committee, annually on or before January first, a full report of\nits activities and operations through the thirtieth day of the preceding\nSeptember, including details as to state university construction\nprojects in planning, in construction and completed, the performance\nrecord of the fund in completing construction in accordance with the\ndesired completion dates and within the estimated costs recommended by\nthe governor and approved by the legislature, the architects, engineers\nand other private consultants engaged by the fund on a contract basis\nand a statement of the total amount paid and yet to be paid, or\nestimated yet to be paid, under such contract, the letting agency and\nsuccessful bidder for each construction project, the moneys made\navailable for the purposes of the fund, details as to any lease\nagreements executed by the fund and the annual rentals required to be\npaid on account thereof, and such other information related to the\nactivities and operations of the fund as it may consider pertinent. Such\nreport shall also contain details as to all contracts which, pursuant to\nsection three hundred seventy-six of this chapter, have been entered\ninto without public letting where an emergency condition exists,\nincluding the nature of such emergency condition and the state-operated\ninstitution at which the condition occurred.\n  2. Notwithstanding the provisions of subdivision one of this section,\non or before November fifteenth of each year, the state university\nconstruction fund shall submit, and thereafter may resubmit, to the\ndirector of the budget, the state comptroller, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee a report setting forth the amounts, if any, of all annual\nrentals and other payments estimated to become due in the succeeding\nstate fiscal year to the dormitory authority from the fund pursuant to\nany leases, subleases or other agreements between the dormitory\nauthority and the fund entered into on or after July first, nineteen\nhundred eighty-eight, to provide state university educational facilities\nfor the state university of New York. Such report shall separately state\nthe amount of income earned on the investment of moneys in the state\nuniversity construction fund educational facilities payment account\nsince the date of the last such report.\n
N.Y. VAT Law § 144-A — New York Code / Act VAT / Title 1 / Article 1 / Section 144-A
Slope
Status: in_force

§ 144-a. Slope. That portion of a highway exclusive of the roadway and\nshoulder.\n
N.Y. EDN Law § 420 — New York Code / Act EDN / Title 1 / Article 9 / Section 420
Rules and regulations
Status: in_force

§ 420. Rules and regulations.  The said school authorities shall\nestablish rules and regulations for the proper custody, care and display\nof the flag, and when the weather will not permit it to be otherwise\ndisplayed, it shall be placed conspicuously in the principal room in the\nschoolhouse.\n
N.Y. GOB Law § 13-103 — New York Code / Act GOB / Article 13 / Title 1 / Section 13-103
Transfer of judgment for sum of money
Status: in_force

§ 13-103. Transfer of judgment for sum of money. A judgment for a sum\nof money, or directing the payment of a sum of money, recovered upon any\ncause of action, may be transferred; but if it is vacated or reversed,\nthe transfer thereof does not transfer the cause of action unless the\nlatter was transferable before the judgment was recovered. A person who\nexecutes such a transfer without acknowledging his signature before an\nofficer authorized to take the acknowledgment of a deed must so\nacknowledge it at the request of his assignee or of a subsequent\nassignee or of the judgment debtor upon payment of the officer's fees.\n
N.Y. PBA Law § 3101 — New York Code / Act PBA / Article 10-A / Title 1 / Section 3101
Purposes of the corporation
Status: in_force

§ 3101. Purposes of the corporation. The purposes of the corporation\nshall be to encourage and promote:\n  1. Scientific and technological education in the state; and\n  2. Basic and applied research and development in the state.\n  3. The development of new commercial products and the fabrication of\nsuch products in the state.\n  The corporation shall encourage and promote cooperative efforts among\ngovernment, the private sector, and universities and colleges in the\nstate, for these purposes.\n
N.Y. RPT Law § 820 — New York Code / Act RPT / Article 8 / Title 1 / Section 820
Method of effectuating county equalization revised by commissioner
Status: in_force

§ 820. Method of effectuating county equalization revised by\ncommissioner. If the equalization made by the commissioner cannot be\ncompleted in time to be substituted for the original equalization made\nby the county equalization agency, the commissioner shall determine the\namount of county taxes paid or payable by the property in any city or\ntown in the county under the original equalization in excess of or less\nthan that which such property in the city or town would have paid under\nthe equalization as made by the commissioner. The excess shall be\nsubtracted, or the deficiency shall be added, from or to the next county\ntax levy in such city or town.\n
N.Y. EDN Law § 227 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 227
Colleges may construct water-works and sewer systems
Status: in_force

§ 227. Colleges may construct water-works and sewer systems. 1. Every\nincorporated college in this state is duly authorized and empowered to\nconstruct and maintain a system of water-works for the purpose of\nsupplying its college buildings and premises with pure and wholesome\nwater for domestic, sanitary and fire purposes, and for the preservation\nof the health of its students, faculty and employees, and for the\npreservation of the public health of the town, village or city in or\nnear which such college is located, and the construction and maintenance\nof such water-works is declared to be a public use. Such water-works, as\noften as necessary, may be enlarged or improved. Every such incorporated\ncollege owning its water-works system and having an adequate supply of\nwater therefrom, may furnish water to persons other than students,\nfaculty and employees of such college at and for a just and adequate\ncompensation, providing that they reside within a sewer district now\ncreated in which the premises of the said college or any part thereof\nare embraced, and provided no municipal or private public service\ncorporation operates or maintains a system of water-works therein\ncapable of supplying water to such inhabitants, and provided further\nthat the provisions therein relative to the residence of the purchasers\nof water within a sewer district shall not restrict Cornell University\nfrom selling water to the residents of the hamlet of Forest Home or a\nwater district organized for the purpose of furnishing a potable water\nsupply to said hamlet. Whenever any such college shall extend its mains\nalong any streets, avenues or highways for the purpose of supplying\nwater to such inhabitants, it shall not lose its exemption from taxation\nby reason thereof, and shall not be deemed to be exercising a public or\ncorporate franchise within the meaning of the tax law.\n  2. Any such college shall have the right to acquire real estate, or\nany interest therein, necessary or proper for such water-works, and the\nright to lay, relay, repair and maintain conduit and water pipes, with\nconnections and fixtures, on, through, and over the lands of others; the\nright to intercept and divert the flow of waters from the lands of\nriparian owners, and from persons owning and interested in any waters;\nand the right to prevent the flow or drainage of noxious, or impure, or\nunwholesome matter from the lands of others into its reservoirs, or\nsources of supply. But no such college shall ever have power to take or\nuse water from any of the lands of this state, or any land, reservoir,\nor feeders, or any streams which have been taken by the state for the\npurpose of supplying the canals with water. The consent of an\nincorporated village or city must be obtained to lay any such pipes in\nor through its streets, and such consent may be accompanied by such\nreasonable conditions or restrictions as are proper.\n  3. Such college may cause such examinations and surveys for its\nproposed water-works to be made as may be necessary to determine the\nproper location thereof, and for such purpose, by its officers, agents\nand servants, may enter upon any lands or waters in the vicinity for the\npurpose of making such examinations and surveys, subject to liability\nfor all damage done. When surveys or examinations are made or concluded,\na map shall be made of the lands or interests to be taken or entered\nupon, and on which the land or interest of each owner or occupant shall\nbe designated, and all streets and roads in which it is proposed to lay\nconduit pipes, with the proposed line thereof, which map shall be dated\nand signed by the engineer making the same; and said map shall be filed\nand kept in the college library for examination and reference, and a\nduplicate thereof shall be filed in the clerk's office in each county\nwherein any of such lands or interests proposed to be taken are located.\nSuch examinations and surveys may be ordered and directed by the\npresident or board of trustees of such college. A majority of the\ntrustees shall determine upon the construction of such water-works and\nthe plans thereof, and order contracts therefor to be made by such\nofficers of the college as may be designated.\n  4. If any such college shall be unable to agree upon such terms of\npurchase of any such property, right or easements, before or after plans\nshall be determined upon, it may, after such plans have been adopted,\nacquire the same by condemnation, according to the provisions of the\neminent domain procedure law.\n  5. When any such college has constructed and completed water-works, as\nabove provided, it may, by a majority of its trustees, determine upon\nand construct a sewer system; it may connect the same with the sewer\nsystem of the village, city or town sewer districts thereof in or near\nwhich said college is situated, if such connection is practicable. A\ncollege, with the approval of its trustees, may allow its sewer system\nto serve as an interconnection between separate sewer systems of\nvillages, cities or town sewer districts when and so long as such use of\nthe sewer system of the college does not interfere with or limit the use\nof that sewer system by the college. The college shall not lose its\nexemption from taxation by reason of such connection or interconnection\nof its sewer system and the college shall not be deemed to be exercising\na public or corporate franchise within the meaning of the tax law.\nExamination, surveys and a map may be made as above provided. Lands and\neasements may be acquired by purchase, as above provided, and in case\nsuch acquisition can not be made by purchase then they may be acquired\nby condemnation, according to the provisions of the condemnation law.\n
N.Y. RPT Law § 735 — New York Code / Act RPT / Article 7 / Title 1-A / Section 735
Determination not precedent
Status: in_force

§ 735. Determination not precedent. No transcript of testimony shall\nbe made of a small claims assessment review hearing. The hearing\nofficer's decision of a petition for small claims assessment review\nshall not constitute precedent for any purpose or proceeding involving\nthe parties or any other person or persons except as provided in section\nseven hundred thirty-nine of this title.\n
N.Y. ENV Law § 56-0101 — New York Code / Act ENV / Article 56 / Title 1 / Section 56-0101
Definitions
Status: in_force

§ 56-0101. Definitions. As used in this article the following terms\nshall mean and include:\n  1. "Aquatic habitat restoration project" means the planning, design,\nconstruction, management, maintenance, reconstruction, revitalization,\nor rejuvenation activities intended to improve waters of the state of\necological significance or any part thereof, including, but not limited\nto ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and\nshorelines thereof, to support a spawning, nursery, wintering,\nmigratory, nesting, breeding, feeding, or foraging environment for fish\nand wildlife and other biota.\n  2. "Clean water project" means a project undertaken pursuant to title\n3 of this article but shall not include navigational dredging projects.\n  3. "Combined or separate sewer overflow abatement" means the planning,\ndesign, construction of, or improvement to, a system that prevents,\neliminates, or partially eliminates raw untreated sewage from entering\nthe receiving water as the result of a precipitation event, including\nbut not limited to temporary storage tanks, pumping stations related\nthereto, sewer pipe, and pilot or demonstration technologies.\n  4. "Cost" means the cost of an approved project, which shall include\nappraisal, surveying, engineering and architectural services, plans and\nspecifications, consultant and legal services, construction and other\ndirect expenses incident to such project less any federal or state\nfunds, other than those provided pursuant to this article, for such\nproject received or to be received.\n  5. "Drinking water infrastructure project" or "water supply project"\nmeans the planning, design, construction, improvement, or acquisition of\nfacilities, equipment, sites, or buildings for the supply, control,\ntreatment, distribution, and transport of drinking water and the testing\nand monitoring to ensure the integrity and quality of such water\nintended to improve drinking water facilities including achievement of\ncompliance with the federal safe drinking water act or other applicable\nfederal law and state drinking water quality goals and standards taking\ninto consideration the water resources management strategy prepared\npursuant to title twenty-nine of article fifteen of this chapter.\n  6. "Environmental compliance assistance project" means the planning,\ndesign, construction, improvement, maintenance, or acquisition of\nfacilities, production processes, equipment, buildings or water or\nwastewater infrastructure for compliance with environmental laws and\nregulations or other pollution avoidance activities.\n  7. "Environmental restoration project" means a project to investigate\nor to remediate contamination pursuant to title five of this article.\n  8. "Federal assistance" means funds available, other than by loan,\nfrom the federal government, either directly or through allocation by\nthe state for construction or program purposes pursuant to any federal\nlaw or program.\n  9. "Governing body" means:\n  (a) in the case of a county outside of the city of New York, the\ncounty board of supervisors or other elective governing body;\n  (b) in the case of a city or village, the local legislative body\nthereof, as the term is defined in the municipal home rule law;\n  (c) in the case of a town, the town board;\n  (d) in the case of a school district, the board of education thereof;\n  (e) in the case of a supervisory district, the board of cooperative\neducational services thereof;\n  (f) in the case of a public benefit corporation, the board of\ndirectors, members or trustees thereof;\n  (g) in the case of a public authority, the governing board of\ndirectors, members, or trustees thereof;\n  (h) in the case of a not-for-profit corporation, the board of\ndirectors thereof or such other body designated in the certificate of\nincorporation to manage the corporation; and\n  (i) in the case of an Indian tribe, any governing body recognized by\nthe United States or the state of New York.\n  10. "Air quality project" means a project undertaken pursuant to title\nsix of this article.\n  11. "Hazardous substances" mean substances found on the list of\nsubstances hazardous to the public health, safety or the environment\npromulgated pursuant to article 37 of this chapter and petroleum, as\nthat term is defined in subdivision fifteen of section one hundred\nseventy-two of the navigation law.\n  12. "Heritage area project" means a project undertaken by or through a\nmunicipality, public benefit corporation or a not-for-profit corporation\nidentified in a management plan prepared and approved by the\ncommissioner of the office of parks, recreation and historic\npreservation in accordance with the provisions of section 35.05 of the\nparks, recreation and historic preservation law.\n  13. "Historic preservation project" means a project undertaken by a\nmunicipality or a not-for-profit corporation to acquire, improve,\nrestore or rehabilitate property listed on the state or national\nregisters of historic places, including, but not limited to, projects at\nzoos, botanical gardens, and aquaria, to protect the historic, cultural,\narcheological, or architectural significance thereof, or undertaken by\nthe office of parks, recreation and historic preservation to improve,\nrestore or rehabilitate state historic properties listed on the state or\nnational registers of historic places to protect the historical,\ncultural or architectural significance thereof.\n  14. "Marine holding tank" means any container aboard any vessel, as\ndefined in section two of the navigation law, that is designed and used\nfor the purpose of collecting and storing treated or untreated sewage\nfrom marine toilets.\n  15. "Municipality" means a local public authority or public benefit\ncorporation, a county, city, town, village, school district, supervisory\ndistrict, district corporation, improvement district within a county,\ncity, town or village, or Indian nation or tribe recognized by the state\nor the United States with a reservation wholly or partly within the\nboundaries of New York state, or any combination thereof. In the case of\naquatic habitat restoration projects, the term municipality shall\ninclude the state.\n  16. "Not-for-profit corporation" means a corporation formed pursuant\nto the not-for-profit corporation law and qualified for tax-exempt\nstatus under the federal internal revenue code.\n  17. "Office" means the office of parks, recreation and historic\npreservation.\n  18. "Open space land conservation project" means acquisition projects\nundertaken with willing sellers including, but not limited to, the\npurchase of conservation easements, undertaken by the commissioner, the\ncommissioner of the office of parks, recreation and historic\npreservation or by municipalities pursuant to article twenty-five-AAA of\nthe agriculture and markets law.\n  19. "Park project" means a project undertaken by a municipality, state\nagency, public benefit corporation, public authority, or not-for-profit\ncorporation for the acquisition, development or improvement of parks,\npreserves, beaches, shorefronts, recreational sites and facilities\nincluding construction of structures, roads and parking facilities.\n  20. "Pollution prevention project" means the planning, design,\nconstruction, improvement, maintenance or acquisition of facilities,\nproduction processes, equipment or buildings owned or operated by\nmunicipalities for the reduction, avoidance, or elimination of the use\nof toxic or hazardous substances or the generation of such substances or\npollutants so as to reduce risks to public health or the environment,\nincluding changes in production processes or raw materials; such\nprojects shall not include incineration, transfer from one medium of\nrelease or discharge to another media, off-site or out-of-production\nrecycling, end-of-pipe treatment or pollution control.\n  21. "Responsible party" means a party responsible under applicable\nprinciples of statutory or common law liability to remediate the\ncontamination located at, or emanating from, real property subject to an\nenvironmental restoration project.\n  22. "Safe drinking water project" means a project undertaken pursuant\nto title 2 of this article.\n  23. "Small business" means any business which is resident in this\nstate, independently owned and operated, not dominant in its field, and\nemploys not more than one hundred individuals.\n  24. "Solid waste project" means a project undertaken pursuant to title\n4 of this article.\n  25. "Solid waste" shall have the definition set forth in title 5 of\narticle 27 of this chapter but shall not include hazardous waste as\ndefined in title 9 of article 27 of this chapter.\n  26. "State assistance payment" means payment of the state share of the\ncost of projects authorized by this act to preserve, enhance, restore\nand improve the quality of the state's environment.\n  27. "Stormwater collecting system" means systems of conduits and all\nother constructions, devices, and appliances appurtenant thereto,\ndesigned and used to collect and carry stormwater and surface water,\nstreet wash, and other wash and drainage waters to a point source for\ndischarge.\n  28. "Vessel pumpout station" means a project for the planning, design,\nacquisition or construction of a permanent or portable device capable of\nremoving human sewage from a marine holding tank.\n  29. "Wastewater treatment improvement project" means the planning,\ndesign, construction, acquisition, enlargement, extension, or alteration\nof a sewage treatment plant to treat, neutralize, stabilize, eliminate\nor partially eliminate sewage or reduce pollutants in treatment plant\neffluent or to create mechanisms to transport wastewater to a treatment\nplant, including permanent or pilot demonstration wastewater treatment,\noutfall and dispersal apparatus, pumping stations integral to such\nplants or sewers, sewer pipes, combined sewer overflow abatement,\nstormwater collecting systems, vessel pumpout stations, or equipment or\nfurnishings thereof.\n  30. "Waterbodies" means waters or waters of the state as defined in\nsection 17-0105 of this chapter except private waters which do not\nprovide public access.\n  31. "Water quality improvement project" means:\n  (a) wastewater treatment improvement projects;\n  (b) non-point source abatement and control program projects developed\npursuant to section eleven-b of the soil and water conservation\ndistricts law, title 14 of article 17 of this chapter, section 1455b of\nthe federal coastal zone management act, or article forty-two of the\nexecutive law;\n  (c) aquatic habitat restoration projects; and\n  (d) pollution prevention projects.\n  32. "Contamination" or "contaminated" shall have the same meaning as\nprovided in section 27-1405 of this chapter.\n
N.Y. PBH Law § 2106 — New York Code / Act PBH / Article 21 / Title 1 / Section 2106
Communicable diseases; almshouses; removal of inmates
Status: in_force

§ 2106. Communicable diseases; almshouses; removal of inmates.  If a\ncommunicable disease exists in any home operated by a public welfare\ndistrict or in the vicinity thereof, and the physician thereof shall\ncertify that such disease is likely to endanger the health of the\ninmates thereof, the public welfare commissioner of the district may\ncause such inmates or any of them to be removed to such other suitable\nplace in the county as the local board of health of the health district\nwhere the almshouse is situated may designate, there to be maintained\nand provided for at the expense of the county, with all necessary\nmedical care and attendance until they shall be safely returned to such\nhome or otherwise discharged.\n
N.Y. UDC Law § 2411 — New York Code / Act UDC / Article 24 / Title 1 / Section 2411
Procedure for traffic violations
Status: in_force

§ 2411. Procedure for traffic violations. 1. The board of judges shall\nhave power to provide, by resolution, a procedure to govern the payment\nof fines by any person accused of violating any provision of any law,\nordinance, rule or regulation relating to vehicular or pedestrian\ntraffic, without appearing in person, except in cases of speeding,\nreckless driving, leaving scene of an accident or any charge of a\nmisdemeanor or felony or any charge which may for reasons of public\npolicy require the personal appearance of the accused, for such period\nof time as shall be deemed in the public interest; to fix the fine to be\npaid in each class of case within the minimum and maximum amount set by\nlaw, ordinance, rule or regulation; to designate the place or places\nwhere such fines may be paid; to prescribe the form of the summonses to\nbe used and the manner in which the plea of guilty shall be made; and\nthe manner in which the money shall be paid.\n  2. Such procedure may provide that any person pleading "guilty", or\nthat a person pleading "not guilty" and asking that a day be set for\ntrial, may do so through a representative or by mail and may further\nprovide that the clerk of the court set such day for trial.\n  3. No resolution providing such procedure shall be effective until a\ncertified copy thereof shall have been filed with the county clerk.\n  4. Whenever any summons is issued involving any provision of any law,\nordinance, rule or regulation relating to motor vehicle parking and the\nprocedure for such violation is provided under this section, the member\nof the police force or the peace officer, acting pursuant to his special\nduties, serving said summons in lieu of inserting in the summons the\nname of the person summoned, may insert therein, in the space provided\nfor the insertion of the name of the person summoned, the words\n"Registered owner of motor vehicle bearing license", said words to be\nfollowed by the license designation or identification as shown by the\nlicense plates on said motor vehicle parked in violation of law,\nordinance, rule or regulation as aforesaid, and said summons may be\nserved upon said registered owner by a member of the police force or by\na peace officer, acting pursuant to his special duties, by affixing the\nsummons to said motor vehicle in some conspicuous place where it is\nlikely to be seen by an operator thereof. An operator of the motor\nvehicle, for the purposes of this section if not the owner thereof,\nshall be deemed to be the agent of such registered owner to receive said\nsummons served in the manner aforesaid, and service made in the manner\nprovided shall be deemed to be lawful service upon the registered owner\nof the motor vehicle to which the summons is affixed. For the purpose of\nthe service of the summons as herein provided, the registration records\nof the motor vehicle department of the state in which the motor vehicle\nis registered shall be conclusive evidence as to the registered owner of\nthe motor vehicle. When a summons is issued and served as authorized in\nthis section, the information sworn to may charge the violation in the\nsame manner and any further proceedings authorized in this section may\nbe had and recorded in the name of the "Registered owner of motor\nvehicle bearing license", said words to be followed by the license\ndesignation or identification as shown by the license plates.\n
N.Y. PBH Law § 2311 — New York Code / Act PBH / Article 23 / Title 1 / Section 2311
Sexually transmitted disease list
Status: in_force

§ 2311. Sexually transmitted disease list. The commissioner shall\npromulgate a list of sexually transmitted diseases, such as gonorrhea\nand syphilis, for the purposes of this article. The commissioner, in\ndetermining the diseases to be included in such list, shall consider\nthose conditions principally transmitted by sexual contact, other\nsections of this chapter addressing communicable diseases and the impact\nof particular diseases on individual morbidity and the health of\nnewborns.\n
N.Y. RPT Law § 731 — New York Code / Act RPT / Article 7 / Title 1-A / Section 731
Appointment of hearing officers
Status: in_force

§ 731. Appointment of hearing officers. 1. The chief administrator of\nthe courts shall appoint a panel of small claims hearing officers\nselected from persons requesting to serve as such hearing officers who\nshall have submitted resumes of qualifications.  Hearing officers to be\nappointed to the panel shall be qualified by training, interest,\nexperience, temperament and knowledge of real property assessment and\nvaluation practices and provisions of state and local law governing the\nmaking of assessments, but need not be attorneys at law.  The chief\nadministrator of the court shall randomly assign a hearing officer or\nhearing officers, or may assign a judicial hearing officer designated\npursuant to article twenty-two of the judiciary law, to conduct an\ninformal hearing on the petition for review with the applicants for\nsmall claims and a representative of the assessing unit which made the\nassessment sought to be reviewed. Hearing officers assigned shall be\nfamiliar with the assessing unit in which the real property subject to\nreview is located, and shall not possess any conflict of interest as\ndefined by the public officers law with regard to the petitions to be\nheard. Hearing officers shall be compensated for their services in\naccordance with a fee schedule to be established by the chief\nadministrator of the courts.  For purposes of subdivisions two and three\nof this section and the other provisions of this title, the term\n"hearing officer" shall include a judicial hearing officer.\n  2. A hearing officer shall disqualify himself or herself from a\nhearing where such officer possesses a conflict of interest as defined\nby the public officers law. Such hearing officer shall also disqualify\nhimself or herself from a hearing where such hearing officer has a\ndirect or indirect interest in any property for which a petition has\nbeen filed. For the purposes of this title, a hearing officer shall be\ndeemed to have a direct or indirect interest in any property for which a\npetition has been filed when the hearing officer, spouse, or any of his\nor her minor children:\n  (a) is the owner of such property; or\n  (b) is an officer, director, partner or associate of a law firm or\nreal estate firm which has a financial interest with the owner of such\nproperty.\n  3. Where a hearing officer disqualifies himself or herself, such\nhearing officer shall notify the chief administrator of the court who\nshall reassign the case to another hearing officer.\n
N.Y. ENV Law § 37-0117 — New York Code / Act ENV / Article 37 / Title 1 / Section 37-0117
Prohibition of cosmetic products and personal care products containing 1,4-dioxane or mercury
Status: in_force

§ 37-0117. Prohibition of cosmetic products and personal care products\n             containing 1,4-dioxane or mercury.\n  1. The term "cosmetic product" shall mean any article (a) intended to\nbe rubbed, sprinkled, or sprayed on, introduced into, or otherwise\napplied to the human body or any part thereof for beautifying, promoting\nattractiveness, or altering the appearance, and (b) intended for use as\na component of any such article. The term "cosmetic product" shall not\ninclude any personal care product as defined in this section for which a\nprescription is required for distribution or dispensation as provided in\nsection two hundred eighty-one of the public health law or section\nsixty-eight hundred ten of the education law.\n  2. The term "personal care product" shall mean any product intended\nfor cleaning or cleansing any part of the body, such as the skin and\nhair, and including but not limited to, hair shampoo, hair conditioner,\nsoap, bath gels and other bath products. The term "personal care\nproduct" shall not include any product for which a prescription is\nrequired for distribution or dispensation as provided in section two\nhundred eighty-one of the public health law or section sixty-eight\nhundred ten of the education law.\n  3. No person shall sell or offer for sale any cosmetic product\ncontaining 1,4-dioxane, other than such trace concentrations, that\nexceeds ten parts per million by December thirty-first, two thousand\ntwenty-two.\n  4. No person shall sell or offer for sale any personal care product\ncontaining 1,4-dioxane, other than such trace concentrations, as\nauthorized by the commissioner, in consultation with the department of\nhealth, by regulation; and further, such trace concentrations for\npersonal care products shall not exceed two parts per million by\nDecember thirty-first, two thousand twenty-two and one part per million\nby December thirty-first, two thousand twenty-three.\n  5. No later then May first, two thousand twenty-five, and every two\nyears thereafter, the department, in consultation with the department of\nhealth, shall review such trace concentration thresholds and determine\nwhether such concentrations shall be lowered to better protect human\nhealth and the environment.\n  6. The department is authorized to promulgate such rules and\nregulations as it shall deem necessary to implement the provisions of\nthis section, including rules and regulations with respect to any\nallowable trace concentrations.\n  7. A manufacturer of a cosmetic product or personal care product,\notherwise subject to the requirements of subdivisions three and four of\nthis section, may apply to the department for a one-year waiver from\nsuch requirements for a specific cosmetic product or personal care\nproduct, and upon such proof that the manufacturer has taken steps to\nreduce the presence of 1,4-dioxane in that product and is unable to\ncomply with the requirements of subdivisions three and four of this\nsection. Thereafter, a manufacturer may apply for one additional\none-year waiver for such product, upon its satisfaction of such similar\nproof.\n  8. No person shall sell or offer for sale any cosmetic product or\npersonal care product containing mercury, other than in trace amounts\nidentified by the department, in consultation with the department of\nhealth, in regulations. Any such trace amounts shall be consistent with\nthe permissible concentrations of trace amounts allowed by the food and\ndrug administration as (a) unavoidable under conditions of good\nmanufacturing practice, or (b) necessary for use as a preservative in\nthe absence of an effective and safe nonmercurial preservative\nsubstitute in cosmetic products intended for use only in the area of the\neye. For the purposes of this subdivision "mercury" shall mean elemental\nmercury Hg, mercuric iodide, mercury oxide, mercurous chloride, ethyl\nmercury, phenyl mercuric salts, ammoniated mercury, amide chloride of\nmercury, mercury sulfide or cinnabaris, or mercury iodide.\n
N.Y. ENV Law § 52-0107 — New York Code / Act ENV / Article 52 / Title 1 / Section 52-0107
Powers and duties of the commissioner for title three of this article
Status: in_force

§ 52-0107. Powers and duties of the commissioner for title three of this\n             article.\n  In administering the provisions of title three of this article, the\ncommissioner:\n  1. shall make an itemized estimate of funds or appropriations by\nproject required annually for inclusion in the executive budget.\n  2. may, in the name of the state, as further provided within this\narticle, contract to make, within the limitations of appropriations\navailable therefor, a state assistance payment to a municipality\nrepresenting the state share of the cost of a project approved and to be\nundertaken pursuant to title three of this article. Such contracts shall\nbe subject to approval by the state comptroller and, as to form, by the\nattorney general.\n  3. may, in the name of the state, as further provided within this\narticle, enter into contracts, within the limitations of appropriations\navailable therefor, with public benefit corporations and private\ncontractors for services contemplated by this article to be funded\nhereunder.\n  4. shall approve vouchers for the payment of assistance pursuant to an\napproved contract. All such payments shall be paid on the audit and\nwarrant of the state comptroller.\n  5. may perform such other and further acts as may be necessary, proper\nor desirable to carry out the provisions of this article.\n
N.Y. RPT Law § 503 — New York Code / Act RPT / Article 5 / Title 1 / Section 503
Tax maps
Status: in_force

§ 503. Tax maps. 1. (a) Each county, except a county wholly within a\ncity, shall prepare and maintain in current condition for each city and\ntown therein a tax map approved by the commissioner. Copies of such maps\nshall be supplied to each city, town and village in accordance with the\nprovisions of subdivision two of this section; provided, however, that a\ncounty need not furnish a tax map for a village unless such village\nprovides for the payment of the cost thereof. It shall be the duty of\nthe assessors of the assessing units for which tax maps have been\nprovided to use such maps in their assessment work and in making up the\nassessment rolls in accordance with the forms and the instructions\nfurnished by the commissioner.\n  (b) The commissioner shall promulgate rules which establish standards,\nspecifications and procedures for the preparation and maintenance of tax\nmaps and shall approve tax maps which satisfy such requirements. Such\nrules may take into consideration other potential land uses of such\nmaps. The commissioner may require from any county applying for approval\nof a tax map such information as may be necessary including a copy of\nsuch tax map.\n  2. The originals of tax maps approved under this section shall be\nfiled in the office of the county director of real property tax\nservices. With the cooperation and concurrence of the assessor, the\ncounty director shall make such changes from year to year upon such tax\nmaps as may be necessary to maintain the maps in current condition. The\nexpense of maintaining such tax maps in current condition shall be a\ncounty charge and shall be levied ad valorem upon all taxable property\nin the county.  On such dates as are appropriate for use in connection\nwith the preparation of assessment rolls, the county director shall\nfurnish each city, town and village that assesses real property for\npurposes of taxation with a copy of the approved tax map or pertinent\nportion thereof in current condition. Such copy of the map shall be a\npublic record and shall be filed in the office of the assessor of the\ncity, town or village; provided, however, that if the city, town or\nvillage does not maintain an office for the assessor, the map shall be\nfiled in the office of the city, town or village clerk. The county\ndirector may file an additional copy of the tax map in the office of the\ncounty clerk and shall provide such additional copies to such county or\nother government agencies as the legislative body of the county may\ndirect.\n  3. Nothing contained in this section shall be construed to preclude a\ncity, town or village from preparing and maintaining a tax map in\naccordance with the provisions of this section. The originals of tax\nmaps prepared by a city, town or village and approved under this section\nshall be filed in the office of the assessor of the city, town or\nvillage and shall be maintained in current condition by such assessor.\nIf the city, town or village does not maintain an office for the\nassessor the map shall be filed in the office of the city, town or\nvillage clerk. The assessor shall file an additional copy of such map\nwith the county director, the county clerk and with the officer vested\nwith the power and duty to enforce the collection of taxes.\n  4.(a) In the preparation of initial tax maps pursuant to this section,\nthe county shall utilize existing tax maps and similar maps to the\nextent practicable and for such purpose shall obtain from each city,\ntown and village within the county a copy of its existing tax map or\nsimilar map, if any. Each city, town or village shall either provide a\ncopy to the county, or shall make such map or maps available to the\ncounty for copying. The county shall compensate the city, town or\nvillage for such existing map or similar map upon the basis of the\namount by which the cost of preparing the county tax map for the area in\nthe city, town or village is reduced as a result of the utilization of\nsuch map.\n  (b) The cost of the preparation of initial tax maps in accordance with\nprovisions of this section may be levied upon the several cities and\ntowns in the county in accordance with the cost of the maps for such\ncities and towns respectively or may be levied ad valorem upon all\ntaxable real property in the county, as determined by resolution of the\ncounty legislative body. In either event the amount so levied shall\ninclude the compensation to cities, towns and villages for existing tax\nmaps or similar maps determined as provided in paragraph (a) of this\nsubdivision. Such cost so levied, whether imposed ad valorem upon all\ntaxable property in the county or charged-back against the respective\ncities and towns in the county, shall be deemed to be a county purpose.\n  5. The preparation of tax maps in accordance with the provisions of\nthis section shall not be deemed to be the practice of land surveying\nwithin the meaning and intent of article one hundred forty-five of the\neducation law. Nothing contained in this section shall be construed as\nprohibiting a licensed land surveyor from performing such service. The\ndetermination and furnishing of vertical and horizontal control when\nnecessary for photogrammetric purposes to be used in the preparation of\na tax map, or any measurement function necessitating ground surveys\nshall be performed by or under the supervision of a person licensed to\npractice land surveying under article one hundred forty-five of the\neducation law.\n  6. The commissioner shall advise and assist counties with respect to\nthe preparation and maintenance of tax maps. All agencies of the state\nshall cooperate with counties in the preparation of tax maps and, upon\nrequest, shall furnish to counties at no cost copies of existing maps in\nthe possession of such agencies which will be of assistance in the\npreparation of such maps.\n  7. Nothing contained in this section shall preclude a county\nlegislature at its option, by resolution, from fixing a fee in an amount\nnot to exceed twenty-five dollars for a one through three lot\nsubdivision map, whether intended as an original subdivision or as an\nalteration, including correction of a prior subdivision, or an\ninstrument abandoning such subdivision map, or a condominium map; fifty\ndollars for a four through nine lot subdivision map, whether intended as\nan original subdivision or as an alteration, including correction of a\nprior subdivision, or an instrument abandoning such subdivision map, or\na condominium map, and one hundred dollars for a ten or more lot\nsubdivision map, whether intended as an original subdivision or as an\nalteration, including correction of a prior subdivision, or an\ninstrument abandoning such subdivision map, or a condominium map. Such\nfee shall be paid to the real property tax service agency by any person\nor corporation filing a map in accordance with the provisions of any\ngeneral, special or local law or ordinance or of any county, city or\nvillage charter, if such map necessitates any change upon a tax map in\norder to maintain the map in current condition.\n  8. Notwithstanding any provisions of subdivision seven of this section\nto the contrary, in a county where there is a tax commission as defined\nin subdivision four of section fifteen hundred thirty of this chapter,\nwhere tax maps are prepared and maintained by cities and towns within\nthe county, the provisions of subdivision seven of this section shall be\napplicable to such cities and towns in the same manner as if it were a\ncounty and the legislative body of the city or town at its option may\nfix a fee in connection with the filing of a subdivision map as provided\ntherein, such fee to be paid to the city or town, as the case may be.\nCertification that the fee authorized by this section has been paid as\nrequired by section three hundred thirty-four and section three hundred\nthirty-nine-s of the real property law and section five hundred sixty of\nthis chapter shall be made by the chief executive officer of the city or\ntown.\n
N.Y. EDN Law § 912-B — New York Code / Act EDN / Title 1 / Article 19 / Section 912-B
Speech and language improvement services
Status: in_force

§ 912-b. Speech and language improvement services. 1. The board of\neducation or trustees of each school district and the city school\ndistrict of the city of New York may provide speech and language\nimprovement services to students in grades kindergarten through six with\nspeech impairments of a severity that does not adversely affect the\nstudent's educational performance but does present a barrier to\ncommunication.\n  2. Any student, who is determined to be in need of such speech and\nlanguage improvement services, shall receive such upon the\nrecommendation of the building administrator.\n  3. A student, whose speech impairment adversely affects the student's\neducational performance shall be referred to the committee on special\neducation for further evaluation and recommendation for special\neducation services and programs, pursuant to article eighty-nine of this\nchapter.\n
N.Y. PBH Law § 3302 — New York Code / Act PBH / Article 33 / Title 1 / Section 3302
Definitions of terms of general use in this article
Status: in_force

§ 3302. Definitions of terms of general use in this article. Except\nwhere different meanings are expressly specified in subsequent\nprovisions of this article, the following terms have the following\nmeanings:\n  1. "Person with substance use disorder" means a person who habitually\nuses a controlled substance for a non-legitimate or unlawful use, and\nwho by reason of such use is dependent thereon.\n  2. "Administer" means the direct application of a controlled\nsubstance, whether by injection, inhalation, ingestion, or any other\nmeans, to the body of a patient or research subject.\n  3. "Agent" means an authorized person who acts on behalf of or at the\ndirection of a manufacturer, distributor, or dispenser. No person may be\nauthorized to so act if under title VIII of the education law such\nperson would not be permitted to engage in such conduct. It does not\ninclude a common or contract carrier, public warehouseman, or employee\nof the carrier or warehouseman when acting in the usual and lawful\ncourse of the carrier's or warehouseman's business.\n  4. "Controlled substance" means a substance or substances listed in\nsection thirty-three hundred six of this title.\n  5. "Commissioner" means commissioner of health of the state of New\nYork.\n  6. "Deliver" or "delivery" means the actual, constructive or attempted\ntransfer from one person to another of a controlled substance, whether\nor not there is an agency relationship.\n  7. "Department" means the department of health of the state of New\nYork.\n  8. "Dispense" means to deliver a controlled substance to an ultimate\nuser or research subject by lawful means, including by means of the\ninternet, and includes the packaging, labeling, or compounding necessary\nto prepare the substance for such delivery.\n  9. "Distribute" means to deliver a controlled substance, including by\nmeans of the internet, other than by administering or dispensing.\n  10. "Distributor" means a person who distributes a controlled\nsubstance.\n  11. "Diversion" means manufacture, possession, delivery or use of a\ncontrolled substance by a person or in a manner not specifically\nauthorized by law.\n  12. "Drug" means\n  (a) substances recognized as drugs in the official United States\nPharmacopoeia, official Homeopathic Pharmacopoeia of the United States,\nor official National Formulary, or any supplement to any of them;\n  (b) substances intended for use in the diagnosis, cure, mitigation,\ntreatment, or prevention of disease in man or animals; and\n  (c) substances (other than food) intended to affect the structure or a\nfunction of the body of man or animal. It does not include devices or\ntheir components, parts, or accessories.\n  13. "Federal agency" means the Drug Enforcement Administration, United\nStates Department of Justice, or its successor agency.\n  14. "Federal controlled substances act" means the Comprehensive Drug\nAbuse Prevention and Control Act of 1970, Public Law 91-513, and any act\nor acts amendatory or supplemental thereto or regulations promulgated\nthereunder.\n  15. "Federal registration number" means such number assigned by the\nFederal agency to any person authorized to manufacture, distribute,\nsell, dispense or administer controlled substances.\n  16. "Habitual user" means any person who is, or by reason of repeated\nuse of any controlled substance for non-legitimate or unlawful use is in\ndanger of becoming, dependent upon such substance.\n  17. "Institutional dispenser" means a hospital, veterinary hospital,\nclinic, dispensary, maternity home, nursing home, mental hospital or\nsimilar facility approved and certified by the department as authorized\nto obtain controlled substances by distribution and to dispense and\nadminister such substances pursuant to the order of a practitioner.\n  18. "License" means a written authorization issued by the department\nor the New York state department of education permitting persons to\nengage in a specified activity with respect to controlled substances.\n  19. "Manufacture" means the production, preparation, propagation,\ncompounding, cultivation, conversion or processing of a controlled\nsubstance, either directly or indirectly or by extraction from\nsubstances of natural origin, or independently by means of chemical\nsynthesis, or by a combination of extraction and chemical synthesis, and\nincludes any packaging or repackaging of the substance or labeling or\nrelabeling of its container, except that this term does not include the\npreparation, compounding, packaging or labeling of a controlled\nsubstance:\n  (a) by a practitioner as an incident to his administering or\ndispensing of a controlled substance in the course of his professional\npractice; or\n  (b) by a practitioner, or by his authorized agent under his\nsupervision, for the purpose of, or as an incident to, research,\nteaching, or chemical analysis and not for sale; or\n  (c) by a pharmacist as an incident to his dispensing of a controlled\nsubstance in the course of his professional practice.\n  20. "Narcotic drug" means any of the following, whether produced\ndirectly or indirectly by extraction from substances of vegetable\norigin, or independently by means of chemical synthesis, or by a\ncombination of extraction and chemical synthesis:\n  (a) opium and opiate, and any salt, compound, derivative, or\npreparation of opium or opiate;\n  (b) any salt, compound, isomer, derivative, or preparation thereof\nwhich is chemically equivalent or identical with any of the substances\nreferred to in paragraph (a) of this subdivision, but not including the\nisoquinoline alkaloids of opium;\n  (c) opium poppy and poppy straw.\n  21. "Opiate" means any substance having an addiction-forming or\naddiction-sustaining liability similar to morphine or being capable of\nconversion into a drug having addiction-forming or addiction-sustaining\nliability. It does not include, unless specifically designated as\ncontrolled under section thirty-three hundred six of this title, the\ndextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts\n(dextromethorphan). It does include its racemic and levorotatory forms.\n  22. "Opium poppy" means the plant of the species Papaver somniferum\nL., except its seeds.\n  23. "Person" means individual, institution, corporation, government or\ngovernmental subdivision or agency, business trust, estate, trust,\npartnership or association, or any other legal entity.\n  24. "Pharmacist" means any person licensed by the state department of\neducation to practice pharmacy.\n  25. "Pharmacy" means any place registered as such by the New York\nstate board of pharmacy and registered with the Federal agency pursuant\nto the federal controlled substances act.\n  26. "Poppy straw" means all parts, except the seeds, of the opium\npoppy, after mowing.\n  27. "Practitioner" means:\n  A physician, dentist, podiatrist, veterinarian, scientific\ninvestigator, or other person licensed, or otherwise permitted to\ndispense, administer or conduct research with respect to a controlled\nsubstance in the course of a licensed professional practice or research\nlicensed pursuant to this article. Such person shall be deemed a\n"practitioner" only as to such substances, or conduct relating to such\nsubstances, as is permitted by his license, permit or otherwise\npermitted by law.\n  28. "Prescribe" means a direction or authorization, by prescription,\npermitting an ultimate user lawfully to obtain controlled substances\nfrom any person authorized by law to dispense such substances.\n  29. "Prescription" shall mean an official New York state prescription,\nan electronic prescription, an oral prescription or an out-of-state\nprescription.\n  30. "Sell" means to sell, exchange, give or dispose of to another, or\noffer or agree to do the same.\n  31. "Ultimate user" means a person who lawfully obtains and possesses\na controlled substance for his own use or the use by a member of his\nhousehold or for an animal owned by him or in his custody. It shall also\nmean and include a person designated, by a practitioner on a\nprescription, to obtain such substance on behalf of the patient for whom\nsuch substance is intended.\n  32. "Internet" means collectively computer and telecommunications\nfacilities which comprise the worldwide network of networks that employ\na set of industry standards and protocols, or any predecessor or\nsuccessor protocol to such protocol, to exchange information of all\nkinds. "Internet," as used in this article, also includes other\nnetworks, whether private or public, used to transmit information by\nelectronic means.\n  33. "By means of the internet" means any sale, delivery, distribution,\nor dispensing of a controlled substance that uses the internet, is\ninitiated by use of the internet or causes the internet to be used.\n  34. "Online dispenser" means a practitioner, pharmacy, or person in\nthe United States that sells, delivers or dispenses, or offers to sell,\ndeliver, or dispense, a controlled substance by means of the internet.\n  35. "Electronic prescription" means a prescription issued with an\nelectronic signature and transmitted by electronic means in accordance\nwith regulations of the commissioner and the commissioner of education\nand consistent with federal requirements. A prescription generated on an\nelectronic system that is printed out or transmitted via facsimile is\nnot considered an electronic prescription and must be manually signed.\n  36. "Electronic" means of or relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic or similar\ncapabilities. "Electronic" shall not include facsimile.\n  37. "Electronic record" means a paperless record that is created,\ngenerated, transmitted, communicated, received or stored by means of\nelectronic equipment and includes the preservation, retrieval, use and\ndisposition in accordance with regulations of the commissioner and the\ncommissioner of education and in compliance with federal law and\nregulations.\n  38. "Electronic signature" means an electronic sound, symbol, or\nprocess, attached to or logically associated with an electronic record\nand executed or adopted by a person with the intent to sign the record,\nin accordance with regulations of the commissioner and the commissioner\nof education.\n  39. "Registry" or "prescription monitoring program registry" means the\nprescription monitoring program registry established pursuant to section\nthirty-three hundred forty-three-a of this article.\n  40. "Compounding" means the combining, admixing, mixing, diluting,\npooling, reconstituting, or otherwise altering of a drug or bulk drug\nsubstance to create a drug with respect to an outsourcing facility under\nsection 503B of the federal Food, Drug and Cosmetic Act and further\ndefined in this section.\n  41. "Outsourcing facility" means a facility that:\n  (a) is engaged in the compounding of sterile drugs as defined in\nsection sixty-eight hundred two of the education law;\n  (b) is currently registered as an outsourcing facility pursuant to\narticle one hundred thirty-seven of the education law; and\n  (c) complies with all applicable requirements of federal and state\nlaw, including the Federal Food, Drug and Cosmetic Act.\n  Notwithstanding any other provision of law to the contrary, when an\noutsourcing facility distributes or dispenses any drug to any person\npursuant to a prescription, such outsourcing facility shall be deemed to\nbe providing pharmacy services and shall be subject to all laws, rules\nand regulations governing pharmacies and pharmacy services.\n
N.Y. SOS Law § 460-G — New York Code / Act SOS / Article 7 / Title 1 / Section 460-G
Construction
Status: in_force

§  460-g.  Construction.  The provisions of this article shall not be\ndeemed or construed to alter, amend, repeal or otherwise modify the\nprovisions of article nineteen-G of the executive law, relating to\nsecure and non-secure detention facilities, article nineteen-H of the\nexecutive law relating to residential facilities operating as approved\nrunaway programs and transitional independent living support programs,\nor articles thirteen and eighty-one of the mental hygiene law, relating\nto facilities for the mentally disabled or drug dependent persons.\n
N.Y. RPT Law § 805 — New York Code / Act RPT / Article 8 / Title 1 / Section 805
Alternative county tax apportionment
Status: in_force

§ 805. Alternative county tax apportionment. 1. Any county to which\nthis title applies, and which contains a designated large property, as\nthat term is defined in section eight hundred forty-seven of this\narticle, may provide by annual resolution, adopted on or before November\nfirst each year, that taxes to be levied for the upcoming fiscal year be\napportioned and levied in the manner provided in section eight hundred\nforty-seven of this article.\n  2. When a county apportions and levies its taxes as provided in\nsubdivision one of this section, two county equalization rates shall be\nestablished for the city or town containing any designated large\nproperty. The first county equalization rate shall be the percentage of\nfull value at which all taxable real property is assessed in the city or\ntown containing any designated large property and shall be used to\ninitially apportion the tax in accordance with the provisions of this\ntitle. The second county equalization rate shall be the percentage of\nfull value at which all taxable real property, exclusive of any\ndesignated large property, is assessed. The second county equalization\nrate shall be used to reapportion the remaining tax, exclusive of any\ndesignated large property, in the manner provided by paragraphs (c)\nthrough (f) of subdivision seven of section eight hundred forty-seven of\nthis article.\n
N.Y. SOS Law § 372-D — New York Code / Act SOS / Article 6 / Title 1 / Section 372-D
Adoption services; purchase by department
Status: in_force

§ 372-d.  Adoption services; purchase by department.  1.  The\ndepartment may provide, through purchase of services from authorized\nagencies, adoption services for any child who has been referred to the\nstatewide adoption service pursuant to section three hundred\nseventy-two-c and who has not been placed for adoption within three\nmonths after the date of such referral.\n  2.  As used in this section "adoption services" shall mean those\nservices and activities set forth in subdivision one of section three\nhundred seventy-two-b of this chapter.\n  3.  In accordance with regulations of the department, expenditures\nmade by the department for the provision, through purchase, of adoption\nservices for a child pursuant to this section shall be subject to\nreimbursement to the state by the social services district charged with\nthe guardianship and custody of the child, as follows:  fifty percent of\nthe amount expended for the provision of such adoption services after\nfirst deducting from such amount any federal funds properly received or\nto be received on account thereof.\n
N.Y. MDW Law § 178 — New York Code / Act MDW / Article 6 / Title 1 / Section 178
Lighting and ventilation of stairs
Status: in_force

§ 178. Lighting and ventilation of stairs. Where the stair and public\nhalls are not provided on each story with windows opening to a street,\nyard or court, a skylight equipped with ridge ventilators having an\nopening of forty square inches or more shall be provided in the roof\nover the stair, except as otherwise provided in paragraph g of\nsubdivision three of section one hundred seventy-one. The glazed roof of\nsuch skylight shall not be less in area than nine square feet nor less\nthan two feet in its least dimension, provided the ventilating and glass\nareas in such skylight are not less than herein required; except that in\ndwellings converted before April eighteenth, nineteen hundred\ntwenty-nine, where a skylight smaller than such prescribed dimensions\nwas in existence on such date, no structural change shall be required,\nbut a ventilating skylight fitting the existing skylight opening in the\nroof beams shall be deemed sufficient.\n
N.Y. ENV Law § 57-0121 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0121
Central Pine Barrens comprehensive land use plan; interim regulations
Status: in_force

§ 57-0121. Central Pine Barrens comprehensive land use plan; interim\n             regulations.\n  1. As soon as practicable and within twelve months of the effective\ndate of this section, the commission shall, after consultation with the\nadvisory committee, prepare or cause to be prepared a draft\ncomprehensive land use plan and generic environmental impact statement\nthereon which shall be part of the plan for the Central Pine Barrens\narea. The land use plan shall be designed to preserve the Pine Barrens\necology and to ensure the high quality of groundwater within the Central\nPine Barrens area and to balance the public and private interests in\ndevelopment and in protection of the Pine Barrens ecology consistent\nwith the objectives of the land use plan. Where local plans exist, the\ncommission shall evaluate and incorporate such plans as is appropriate\nin the land use plan.\n  2. The land use plan for the Central Pine Barrens area shall be\ndesigned to:\n  (a) protect, preserve and enhance the functional integrity of the Pine\nBarrens ecosystem and the significant natural resources, including plant\nand animal populations and communities, thereof;\n  (b) protect the quality of surface water and groundwater;\n  (c) discourage piecemeal and scattered development;\n  (d) promote active and passive recreational and environmental\neducational uses that are consistent with the land use plan; and\n  (e) accommodate development, in a manner consistent with the long term\nintegrity of the Pine Barrens ecosystem and to ensure that the pattern\nof development is compact, efficient and orderly.\n  3. The land use plan with respect to the core preservation area shall\nbe designed to protect and preserve the ecologic and hydrologic\nfunctions of the Pine Barrens by:\n  (a) preserving the Pine Barrens area in their natural state thereby\ninsuring the continuation of Pine Barrens environments which contain the\nunique and significant ecologic, hydrogeologic and other resources\nrepresentative of such environments;\n  (b) promoting compatible agricultural, horticultural and open space\nrecreational uses within the framework of maintaining a Pine Barrens\nenvironment and minimizing the impact of such activities thereon;\n  (c) prohibiting or redirecting new construction or development;\n  (d) accommodating specific Pine Barrens management practices, such as\nprescribed burning, necessary to maintain the special ecology of the\npreservation area;\n  (e) protecting and preserving the quality of surface and groundwaters;\nand\n  (f) coordinating and providing for the acquisition of private land\ninterests as appropriate and consistent with available funds.\n  4. The land use plan with respect to the compatible growth areas shall\nbe designed to:\n  (a) preserve and maintain the essential character of the existing Pine\nBarrens environment, including plant and animal species indigenous\nthereto and habitats therefor;\n  (b) protect the quality of surface and groundwaters;\n  (c) discourage piecemeal and scattered development;\n  (d) encourage appropriate patterns of compatible residential,\ncommercial, agricultural, and industrial development in order to\naccommodate regional growth influences in an orderly way while\nprotecting the Pine Barrens environment from the individual and\ncumulative adverse impacts thereof;\n  (e) accommodate a portion of development redirected from the\npreservation area. Such development may be redirected across municipal\nboundaries; and\n  (f) allow appropriate growth consistent with the natural resource\ngoals pursuant to this title.\n  5. Preparation of the land use plan shall be based on the following\nplanning studies and reports:\n  (a) Previously undertaken and current groundwater and ecological\nstudies pertaining to the reserve, generally, and the Central Pine\nBarrens area, specifically;\n  (b) General planning studies of the reserve, generally, and the\nCentral Pine Barrens area, specifically, including but not limited to:\n  (i) population and population distribution;\n  (ii) amount, type, intensity, and general location of commerce,\nindustry and agricultural production;\n  (iii) amount, type, quality, and general location of housing;\n  (iv) general location and extent of existing or currently planned\nmajor transportation, utility, and community facilities;\n  (v) amount, general location, and interrelationship of different\ncategories of land use;\n  (vi) areas, sites, or structures of historical, archaeological,\narchitectural, or scenic significance;\n  (vii) natural resources, including air, water, open spaces, forests,\nsoils, rivers, wetlands and other waters, shorelines, fisheries,\nwildlife, vegetation, threatened species, and minerals; and\n  (viii) any other matter found to be important to preservation and\nfuture development.\n  (c) Scientific research prepared for other hydrological or ecological\nareas analogous to the reserve, generally, and the Central Pine Barrens\narea specifically. Such studies and reports may include, but are not\nlimited to those undertaken by the New Jersey Pinelands commission or\nCape Code commission.\n  (d) Public improvement studies including but not limited to the area\nor subareas within the Central Pine Barrens area or outside such area\nhaving an aggregation of sites with development potential to facilitate\napplication of transfer of development rights that could create the need\nfor new public improvements and/or public improvement expansions;\n  (e) Advisory committee recommendations or reports.\n  6. The land use plan shall provide for, address and include but not be\nlimited to the following:\n  (a) Statements of objectives, policies and standards as they pertain\nto the purposes of this title and the land use plan.\n  (b) A map depicting the core preservation area.\n  (c) A map depicting compatible growth areas in the Central Pine\nBarrens area where orderly and environmentally compatible development\ncan be encouraged and to which development potential within the preserve\nmay be transferred.\n  (d) A phased public improvement element for providing the public\nfacilities necessary for carrying out the goals for the core\npreservation and compatible growth areas.\n  (e) Identification and mapping of critical resource areas within the\nCentral Pine Barrens area which are of regional or statewide\nsignificance. Such areas shall include fragile lands, significant\nshorelands of rivers, lakes, and streams; freshwater wetlands;\nsignificant wildlife habitats; unique scenic or historic features; and\nrare or valuable ecosystems and geological formations which are of\nregional or statewide significance.\n  (f) Identification of sending districts in core preservation and\ncompatible growth areas and receiving districts in compatible growth\nareas and outside the Central Pine Barrens area for the purpose of\nproviding for the transfer of development rights and values to further\nthe preservation and development goals of the land use plan and\nmethodologies and standards for procedural equity and appropriate values\nin establishing rights and values consistent with the provisions of\nsection two hundred sixty-one-a of the town law.\n  (g) Identification of land suitable for agricultural use and necessary\nand appropriate strategies to protect land capable of agricultural\nproduction.\n  (h) Development criteria and performance standards.\n  (i) An intergovernmental coordination and consistency component\nestablishing the ways in which state and local programs and policies may\nbest be coordinated to promote the goals and implement the policies of\nthe land use plan.\n  (j) A financial component analyzing the public and private costs of\ndeveloping and implementing the land use plan which shall include:\n  (i) detailed costs including those for infrastructure improvements,\nacquisition of fee simple or other interests in lands for preservation\nor recreation purposes, compensation guarantees, general administrative\ncosts and any anticipated extraordinary or continuing costs; and\n  (ii) the source of revenue for covering such costs, including, but not\nlimited to, grants, donations and loans from local, state and federal\ndepartments and agencies and from the private sector.\n  (k) A program for state, county and local governmental implementation\nof the comprehensive land use plan and the various elements thereof in a\nmanner that will insure the continued, uniform, and consistent\nprotection of the Pine Barrens ecosystem and development objectives\nincluding:\n  (i) minimum standards for the adoption, as required in this title, of\nmunicipal and county plans, codes and ordinances concerning the\ndevelopment and use of land including, but not limited to, standards for\nminimum lot sizes, site clearance and wetland setbacks, appropriate\npopulation and densities and regulated or prohibited uses for specific\nportions of the Pine Barrens area and procedures for determining\nhardship consistent with the purposes and provisions of this title;\n  (ii) guidelines and standards for review of projects of regional\nsignificance which because of scale of intensity of use or location are\nlikely to impede implementation of the land use plan; and\n  (iii) guidelines for consistency with the land use plan by state,\ncounty and local agencies.\n  (l) Professional staffing requirements necessary to carry out the land\nuse plan.\n  (m) Land protection mechanisms, including, but not limited to,\nacquisition, conservation easements, rights and values transfers,\npurchase of development rights, donations and clustering, planned unit\ndevelopment, land trusts, exchanges between privately and publicly owned\nlands, or other zoning activities consistent with the provisions of this\ntitle.\n  (n) Provisions for use of best management practices, in all natural\nresource-dependent commercial and industrial activities, including\nagriculture, horticulture and related activities.\n  (o) Provisions for restoration of natural and cultural resources where\nsuch resources have been damaged, lost, or otherwise impaired. Such work\nshall address restoration of Pine Barrens habitats, stream and shore\nrevitalization, historic structures, traditional industries\ndemonstration programs, and strengthening of community character which\nwill be consistent with the provisions of the comprehensive management\nplan pursuant to section 57-0115 of this title.\n  (p) Provisions for cumulative impact analyses, both environmental and\neconomic, for the effects of development, preservation, financial\npolicies and related factors upon the Central Pine Barrens area, its\nprivate and public open space, its residents and constituents, school\nand other special districts, and other pertinent aspects or demographic\nsectors.\n  (q) Recommendations for further legislation at the state, county, and\nlocal levels as may be necessary to fully implement the provisions of\nthis title.\n  (r) Provisions for management and stewardship of natural and cultural\nresources which shall include coordination by owners of public lands\nwhich will be consistent with the provisions of the comprehensive\nmanagement plan pursuant to section 57-0115 of this title.\n  (s) Provisions for appropriate and relevant scientific research\nrelating to the species, ecological communities and processes, natural\nlandscape features, and surface and groundwater resources of the Central\nPine Barrens necessary to ensure and enhance the long-term management of\nthe preserve. Such research may be addressed in a cooperative effort\nwith the state university of New York at Stony Brook through its\nbiological research station, established by the department of ecology\nand evolution.\n  (t) Provisions for fire management for controlled, prescribed burning,\nand responses to unanticipated fires. This shall include coordination\namong the department and local fire departments.\n  (u) Description of developments of regional significance.\n  The land use plan shall also, as funds permit, provide for a follow-up\nplan to be undertaken by the commission for a partnership infrastructure\nand sustainable development plan for the reserve. Based on the land use\nplan and the comprehensive management plan, such follow up plan shall be\ndesigned to (i) coordinate the activities of all governmental entities\nin the provision of infrastructure necessary to support orderly\ndevelopment in the compatible growth areas and support of sustainable\ndevelopment in the reserve outside of the preserve; and (ii) coordinate\nand focus investment in sustainable development efforts.\n  7. Notwithstanding any provision contrary to any other provisions of\narticle eight of this chapter, the commission shall be the lead agency\nfor the generic environmental impact statement which is part of the land\nuse plan. Such generic environmental impact statement shall be prepared\nin accordance with the provisions of article eight of this chapter.\n  8. In order to effectuate the purposes and provisions of this title,\nno person, public corporation or the state shall undertake or otherwise\nengage in development within the Central Pine Barrens area prior to\napproval and implementation of the land use plan except as provided by\nthis section. No amendments to the existing town or village zoning laws,\nordinances or regulations affecting development within the Central Pine\nBarrens area shall take effect prior to the approval of the land use\nplan as provided in this chapter except that a town may as part of a\nzoning ordinance adopted pursuant to article sixteen of the town law or\nby local law pursuant to other enabling law, provide for a planned unit\ndevelopment or planned development district ordinance for a development\nfor which the designated lead agency, on or before June first, nineteen\nhundred ninety-three, accepted a draft environmental impact statement or\ndraft generic environmental impact statement under article eight of this\nchapter. The provisions of this section shall not apply to development\nin the compatible growth area for which:\n  (a) the designated lead agency, on or before June first, nineteen\nhundred ninety-three, accepted a draft environmental impact statement or\ndraft generic environmental impact statement or issued a conditioned\nnegative declaration or a negative declaration under article eight of\nthis chapter, or\n  (b) all required municipal and state permits and approvals were issued\non or before June first, nineteen hundred ninety-three (except that a\nbuilding permit need not have been issued by said date), or\n  (c) The designated lead agency, after June first, nineteen hundred\nninety-three and prior to ninety days immediately following adoption of\nthis section or as extended at the discretion of the commission in its\ninterim rules and regulations adopted pursuant to section nine herein,\nissues on an active application a conditioned negative declaration or a\nnegative declaration under article eight of this chapter and which does\nconform to the use and lot area requirements of the zoning in effect in\nthe relevant municipality on June first, nineteen hundred ninety-three,\nand does not necessitate a use variance. Notwithstanding the foregoing,\nin the event a commissioner within thirty days of receiving notice of\nsaid issuance requests review of the action by the full commission, the\ndevelopment shall be subject to the interim rules and regulations and\nreviewed as provided for in section nine herein.\n  In the event that an event referred to herein (acceptance of a draft\nenvironmental impact statement or draft generic environmental impact\nstatement; issuance of a conditioned negative declaration or negative\ndeclaration; or issuance of a required permit or approval) is annulled\nor vacated by a court of competent jurisdiction and such judicial action\nhas not been reversed by a superior court, then, for purposes of this\nsection, such event shall be deemed not to have taken place.\n  Notwithstanding any other provision of law, any development which\nincludes land within the core preservation area for which the designated\nlead agency, on or before June first, nineteen hundred ninety-three,\naccepted a draft environmental impact statement or draft generic\nenvironmental impact statement shall not require a supplemental draft or\ngeneric environmental impact statement under article eight of this\nchapter solely because such development includes land within the core\npreservation area.\n  9. Within three months of the effective date of this section, the\ncommission shall publish interim goals and standards for development and\nfor hardship before the land use plan is implemented in compatible\ngrowth areas identified in the map. The commission may vary the\nprocedures and time periods for compliance with article eight of this\nchapter as necessary and appropriate to comply with the three month\ndeadline of this subdivision. Upon such publication, development may\nproceed in such compatible growth areas subject to existing laws,\nregulations and approval procedures and subject to the review and\napproval of the commission. Any person, the state or a public\ncorporation applying for development in such compatible growth areas who\nhas received all necessary local and state approvals may petition the\ncommission for approval of the development. Within thirty days of an\napplication being received, the commission shall provide the applicant\nand any other interested party an opportunity to be heard. Notice of\nsuch hearing shall be published in a newspaper having a general\ncirculation in the Central Pine Barrens area, and notice of such hearing\nshall also be given by registered mail to the chief administrative\nofficer of each town and village within whose boundary any proposed\ndevelopment is located. If the proposed development is consistent with\nthe commission's interim goals and standards, the commission shall\napprove the development and may include conditions for approval. If the\napplicant seeks an exemption based upon a demonstration of hardship, the\ncommission may approve development in the compatible growth area upon\nthe finding that such interim goals and standards caused an unnecessary\nhardship. In making such finding the commission shall consider the\ncriteria for a use variance pursuant to section two hundred\nsixty-seven-b of the town law. The commission must make a decision\nwithin one hundred twenty days of receipt of a complete application. If\nthe commission fails to make a decision within one hundred twenty days,\nthe development shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and commission.\n  10. Any person, the state or a public corporation upon a showing of\nhardship caused by the provisions of subdivision eight of this section\non development in the core preservation area, may apply to the\ncommission for a permit exempting such applicant from such subdivision\neight in connection with any proposed development in the core\npreservation area. Such application for an exemption pursuant to the\ndemonstration of hardship within the core preservation area shall be\napproved only if the person satisfies the following conditions and\nextraordinary hardship or compelling public need is determined to have\nbeen established under the following standards or for development by the\nstate or a public corporation or proposed for land owned by the state or\na public corporation compelling public need is determined to have been\nestablished under the following standards:\n  (a) The particular physical surroundings, shape or topographical\nconditions of the specific property involved would result in an\nextraordinary hardship, as distinguished from a mere inconvenience, if\nthe provisions of this act are literally enforced. A person shall be\ndeemed to have established the existence of extraordinary hardship only\nif he or she demonstrates, based on specific facts, that the subject\nproperty does not have any beneficial use if used for its present use or\ndeveloped as authorized by the provisions of this title, and that this\ninability to have a beneficial use results from unique circumstances\npeculiar to the subject property which:\n  (i) Do not apply to or affect other property in the immediate\nvicinity;\n  (ii) Relate to or arise out of the characteristics of the subject\nproperty rather than the personal situation of the applicant; or\n  (iii) Are not the result of any action or inaction by the applicant or\nthe owner or his or her predecessors in title including any transfer of\ncontiguous lands which were in common ownership on or after June 1,\n1993.\n  (b) A person, the state or a public corporation shall be deemed to\nhave established compelling public need if the applicant demonstrates,\nbased on specific facts, one of the following:\n  (i) The proposed development will serve an essential health or safety\nneed of the municipalities in the Central Pine Barrens such that the\npublic health and safety require the requested waiver, that the public\nbenefits from the proposed use are of a character that overrides the\nimportance of the protection of the core preservation area as\nestablished in this title, that the proposed use is required to serve\nexisting needs of the residents, and that no feasible alternatives exist\noutside the core preservation area to meet the established public need\nand that no better alternatives exist within the county; or\n  (ii) The proposed development constitutes an adaptive reuse of an\nhistoric resource designated by the commission and said reuse is the\nminimum relief necessary to ensure the integrity and continued\nprotection of the designated historic resource and further that the\ndesignated historic resource's integrity and continued protection cannot\nbe maintained without the granting of a permit.\n  (c) An application for a permit in the core preservation area shall be\napproved only if it is determined that the following additional\nstandards also are met:\n  (i) The granting of the permit will not be materially detrimental or\ninjurious to other property or improvements in the area in which the\nsubject property is located, increase the danger of fire, endanger\npublic safety or result in substantial impairment of the resources of\nthe core preservation area;\n  (ii) The waiver will not be inconsistent with the purposes, objectives\nor the general spirit and intent of this title; or\n  (iii) The waiver is the minimum relief necessary to relieve the\nextraordinary hardship, which may include the granting of a residential\ndevelopment right to other lands in the compatible growth area that may\nbe transferred or clustered to those lands to satisfy the compelling\npublic need.\n  Any waiver or exemption granted under the provisions of this part\nshall only be considered an exemption or waiver of the particular\nstandard of this title which the commission waived. It shall not\nconstitute an approval of the entire development proposal. Nor shall it\nconstitute a waiver from any requirements contained within any local,\ncounty or state law or ordinance.\n  Within thirty days of the application being received, the commission\nshall provide the applicant and any other interested party an\nopportunity to be heard. Notice of any public hearing conducted in\nconnection with an application for such a permit shall be published in a\nnewspaper of general circulation in the Central Pine Barrens area. If\nthe proposed development is not contrary to the policy or any provision\nof this title and meets the standards of extraordinary hardship or\npublic need herein, and the commission so finds, it may issue a permit\nallowing the development or such development subject to appropriate\nconditions or modifications to occur, provided that permission may be\nrevoked by the commission if its terms are violated, and provided\nfurther that any such hardship permit issued by the commission shall be\nin addition to, and not in lieu of, such permit or permits as may be\nrequired by any state agency or municipality within whose boundary such\ndevelopment is located. The time within which the commission must decide\na core preservation area hardship application for which a negative\ndeclaration has been made by the commission pursuant to article eight of\nthis chapter is one hundred twenty days from receipt of such\napplication. The time within which the commission must decide a core\npreservation area hardship application for which a positive declaration\nhas been made by the commission pursuant to article eight of this\nchapter is sixty days from issuance of a findings statement by the\ncommission pursuant to article eight of this chapter. If the commission\nfails to make a decision within the aforesaid time periods, the\ndevelopment shall be deemed to be approved by the commission, unless\nextended by mutual agreement of the applicant and commission.\n  11. In preparation of the land use plan, the commission shall:\n  (a) consult with appropriate officials of any regional, state or\nfederal agency which has jurisdiction over lands and waters within the\nCentral Pine Barrens area;\n  (b) consult with the officials of any municipality which has\njurisdiction over lands and waters within the Central Pine Barrens area;\n  (c) consult with interested professional, scientific and citizens'\norganizations; and\n  (d) consult with citizens' committees.\n  12. Following consultation with the advisory committee and within the\ntwelve month period established therefor, the commission shall publish\nthe draft land use plan. Within three months of such publication, the\ncommission shall hold public informational meetings in the towns of\nBrookhaven, Riverhead and Southampton and at least one public hearing\nwithin the Central Pine Barrens area. During this period the commission\nshall receive and review comments on the draft land use plan-generic\nenvironmental impact statement from state and local governments and the\npublic and within three months, the commission shall recommend a revised\ncomprehensive land use plan pursuant to this title to the respective\ntown boards of such towns for their ratification and adoption. Within\ntwo months of the commission recommending the plan to the respective\ntown boards, the town boards shall perform a comprehensive review of the\nplan and shall provide final comments to the commission. The commission\nat its discretion may modify the plan as requested by the town\nrepresentatives. After modifying the plan as necessary, the commission\nshall prepare a draft supplemental generic environmental impact\nstatement and a final generic environmental impact statement, and the\ntowns and commission shall adopt the necessary statement of findings\npursuant to article eight of this chapter. Ratification and adoption of\nthe plan by the town boards of Brookhaven, Riverhead, and Southampton\nshall represent commitment to implementation of the provisions contained\ntherein. Upon ratification and adoption by such three towns, the\ncommission itself will formally adopt the plan-generic environmental\nimpact statement and its provisions shall be in full force. Adoption by\nthe commission shall only be upon the signature of the governor, county\nexecutive of Suffolk county, supervisor of the town of Brookhaven,\nsupervisor of the town of Riverhead and supervisor of the town of\nSouthampton.\n  13. Not less than once every five years after the land use plan has\nbecome effective, the commission shall review and, if appropriate, make\namendments to the land use plan and update the generic impact statement.\nWithin each such period, the commission shall hold a public hearing and\nshall receive comments on the effectiveness of implementation of the\nland use plan. Not less than thirty days before voting on an amendment\nto the land use plan, the commission shall publish notice thereof in a\nnewspaper of general circulation in the Central Pine Barrens area.\n
N.Y. SOS Law § 145-B — New York Code / Act SOS / Article 5 / Title 1 / Section 145-B
False statements; actions for treble damages
Status: in_force

§ 145-b. False statements; actions for treble damages. 1. (a) It shall\nbe unlawful for any person, firm or corporation knowingly by means of a\nfalse statement or representation, or by deliberate concealment of any\nmaterial fact, or other fraudulent scheme or device, on behalf of\nhimself or others, to attempt to obtain or to obtain payment from public\nfunds for services or supplies furnished or purportedly furnished\npursuant to this chapter.\n  (b) For purposes of this section, "statement or representation"\nincludes, but is not limited to: a claim for payment made to the state,\na political subdivision of the state, or an entity performing services\nunder contract to the state or a political subdivision of the state; an\nacknowledgment, certification, claim, ratification or report of data\nwhich serves as the basis for a claim or a rate of payment, financial\ninformation whether in a cost report or otherwise, health care services\navailable or rendered, and the qualifications of a person that is or has\nrendered health care services.\n  (c) For purposes of this section, a person, firm or corporation has\nattempted to obtain or has obtained public funds when any portion of the\nfunds from which payment was attempted or obtained are public funds, or\nany public funds are used to reimburse or make prospective payment to an\nentity from which payment was attempted or obtained.\n  2. For any violation of subdivision one, the local social services\ndistrict or the state shall have a right to recover civil damages equal\nto three times the amount by which any figure is falsely overstated or\nin the case of non-monetary false statements or representations, three\ntimes the amount of damages which the state, political subdivision of\nthe state, or entity performing services under contract to the state or\npolitical subdivision of the state sustain as a result of the violation\nor five thousand dollars, whichever is greater. Notwithstanding part C\nof chapter fifty-eight of the laws of two thousand five: (a) For civil\ndamages collected by a local social services district, relating to the\nmedical assistance program, pursuant to a judgment under this\nsubdivision, such amounts shall be apportioned between the local social\nservices district and the state. If the violation occurred: (i) prior to\nJanuary first, two thousand six, the amount apportioned to the local\nsocial services district shall be the local share percentage in effect\nimmediately prior to such date as certified by the division of budget,\nor (ii) after January first, two thousand six, the amount apportioned to\nthe local social services district shall be based on a reimbursement\nschedule, created by the office of Medicaid inspector general, in effect\nat the time the violation occurred; provided that, if there is no\nschedule in effect at the time the violation occurred, the schedule to\nbe used shall be the first schedule adopted pursuant to this\nsubdivision. Such schedule shall provide for reimbursement to a local\nsocial services district in an amount between ten and fifteen percent of\nthe gross amount collected. Such schedule shall be set on a county by\ncounty basis and shall be periodically reviewed and updated as\nnecessary; provided, however, that any such updated schedule shall not\nbe less than ten percent nor greater than fifteen percent of the gross\namount collected; and (b) For civil damages collected by the state\nrelating to the medical assistance program pursuant to a judgment under\nthis subdivision, the local social services district shall be entitled\nto compensation up to fifteen percent of the gross amount collected for\nsuch participation, including but not limited to identification,\ninvestigation or development of a case, commensurate with its level of\neffort or value added as determined by the Medicaid inspector general.\n  3. If any provider or supplier of services in the program of medical\nassistance is required to refund or repay all or part of any payment\nreceived by said provider or supplier under the provisions of this\nchapter and title XIX of the federal social security act, said refund or\nrepayment shall bear interest from the date the payment was made to said\nprovider or supplier to the date of said refund or repayment. Interest\nshall be at the maximum legal rate in effect on the date the payment was\nmade to said provider or supplier.\n  4. (a) The Medicaid inspector general, in consultation with the\ndepartment of health, may require the payment of a monetary penalty as\nrestitution to the medical assistance program by any person who fails to\ncomply with the standards of the medical assistance program or standards\nof generally accepted medical practice in a substantial number of cases\nor grossly and flagrantly violated such standards and:\n  (i) receives, or causes to be received by another person, payment from\nthe medical assistance program when such person knew, or had reason to\nknow, that:\n  (A) the payment involved the providing or ordering of care, services\nor supplies that were medically improper, unnecessary or in excess of\nthe documented medical needs of the person to whom they were furnished;\n  (B) the care, services or supplies were not provided as claimed;\n  (C) the person who ordered, prescribed, or furnished the care,\nservices or supplies which were medically improper, unnecessary or in\nexcess of the documented medical need of the person to whom they were\nfurnished was suspended or excluded from the medical assistance program\nat the time the care, services or supplies were furnished; or\n  (D) the services or supplies for which payment was received were not,\nin fact, provided; or\n  (ii) such person fails to grant timely access to facilities and\nrecords, upon reasonable notice, to the Medicaid inspector general, the\nMedicaid fraud control unit of the attorney general's office, or the\ndepartment of health for the purpose of audits, investigations, reviews,\nor other statutory functions. For purposes of this subparagraph,\n"reasonable notice" means a written request made by a properly\nidentified agent of the Medicaid inspector general, the Medicaid fraud\ncontrol unit of the attorney general's office, or the department of\nhealth either, during hours that the individual or entity is open for\nbusiness, or mailed to the individual or entity to an address on file\nwith the department of health or last known address. The request shall\ninclude a statement of the authority for the request, the definition of\n"reasonable notice", and the penalties for failure to comply;\n  (iii) such person knew or should have known that an overpayment has\nbeen identified and does not report, return and explain the overpayment\nin accordance with subdivision six of section three hundred\nsixty-three-d of this article;\n  (iv) such person arranges or contracts, by employment, agreement, or\notherwise, with an individual or entity that the person knows or should\nknow is suspended or excluded from the medical assistance program at the\ntime such arrangement or contract regarding activities related to the\nmedical assistance program is made;\n  (v) such person had an obligation to identify, claim, and pay a bonus\nunder subdivision three of section three hundred sixty-seven-w of this\narticle and such person failed to identify, claim and pay such bonus.\n  (vi) For purposes of this paragraph, "person" as used in subparagraph\n(i) of this paragraph does not include recipients of the medical\nassistance program; and "person" as used in subparagraphs (ii), (iii)\nand (iv) of this paragraph, is as defined in paragraph (e) of\nsubdivision six of section three hundred sixty-three-d of this article;\nand "person" as used in subparagraph (v) of this paragraph includes\nemployers as defined in section three hundred sixty-seven-w of this\narticle.\n  (b) In determining the amount of any monetary penalty to be imposed,\nthe Medicaid inspector general, in consultation with the department of\nhealth, shall take into consideration the following:\n  (i) the number and total value of the claims for payment from the\nmedical assistance program which were the underlying basis of the\ndetermination to impose a monetary penalty;\n  (ii) the effect, if any, on the quality of medical care provided to\nrecipients of medical assistance as a result of the acts of the person;\n  (iii) the degree of culpability of the person in committing the\nproscribed actions and any mitigating circumstances;\n  (iv) any prior violations committed by the person relating to the\nmedical assistance program, Medicare or other social services programs\nwhich resulted in either a criminal or administrative sanction, penalty,\nor recoupment; and\n  (v) any other facts relating to the nature and seriousness of the\nviolations including any exculpatory facts.\n  (c) (i) For subparagraphs (i), (iii), and (iv) of paragraph (a) of\nthis subdivision, in no event shall the monetary penalty imposed exceed\nten thousand dollars for each item or service which was the subject of\nthe determination herein, except that where a penalty under this section\nhas been imposed on a person within the previous five years, such\npenalty shall not exceed thirty thousand dollars for each item or\nservice which was the subject of the determination herein.\n  (ii) For subparagraph (ii) of paragraph (a) of this subdivision, in no\nevent shall the monetary penalty exceed fifteen thousand dollars for\neach day of the failure described in such subparagraph.\n  (iii) For subparagraph (v) of paragraph (a) of this subdivision, a\nmonetary penalty shall be imposed for conduct described in subparagraphs\n(i), (ii) and (iii) of paragraph (a) of subdivision five of section\nthree hundred sixty-seven-w of this article and shall not exceed one\nthousand dollars per failure to identify, claim and pay a bonus for each\nemployee.\n  (d) Amounts collected pursuant to this subdivision shall be\napportioned between the local social services district and the state in\naccordance with the regulations of the department of health.\n  (e) For the purposes of this subdivision, "gross and flagrant\nviolation" shall mean conduct which has an adverse effect on the fiscal\nintegrity of the medical assistance program and:\n  (i) which substantially impairs the delivery of high quality medical\ncare, services, or supplies; or\n  (ii) which substantially impairs the oversight and administration of\nthe program.\n  (f) A person against whom a monetary penalty is imposed pursuant to\nthis subdivision shall be entitled to notice and an opportunity to be\nheard, including the right to request a hearing pursuant to section\ntwenty-two of this chapter.\n  5. When in the course of conducting an investigation relating to the\ninvestigation relating to the medical assistance program, a local social\nservices district deduces that a provider may have committed criminal\nfraud, it shall refer the case to the office of Medicaid inspector\ngeneral along with appropriate supporting information. The office shall\npromptly review the case and, if deemed appropriate, refer the case\npursuant to subdivision seven of section thirty-two of the public health\nlaw. If the deputy attorney general for Medicaid fraud control accepts a\nreferral from the office of Medicaid inspector general that was\nidentified, investigated or developed by a local social services\ndistrict, and the state collects damages, the participating local social\nservices district shall be entitled to compensation up to fifteen\npercent of the gross amount collected for such participation\ncommensurate with its level of effort or value added as determined by\nthe deputy attorney general for Medicaid fraud control. If the office of\nMedicaid inspector general determines that it is not appropriate for\nreferral in accordance with subdivision seven of section thirty-two of\nthe public health law the office of Medicaid inspector general shall\nfurther investigate the case, with notice to the participating local\nsocial services district, or return the case to the participating social\nservices district, which may resume its investigation of the provider.\n
N.Y. EDN Law § 376 — New York Code / Act EDN / Title 1 / Article 8-A / Section 376
Letting of construction contracts
Status: in_force

§ 376. Letting of construction contracts. 1. After May first, nineteen\nhundred sixty-two, the fund as agent for the state university shall\nconstruct, acquire, reconstruct, rehabilitate and improve, or cause to\nbe constructed, acquired, reconstructed, rehabilitated and improved, all\nacademic buildings, dormitories and other facilities to be constructed,\nacquired, reconstructed, rehabilitated or improved at state-operated\ninstitutions or statutory or contract colleges under the jurisdiction of\nthe state university, provided that legislation or appropriations\nauthorizing the same (i) have been requested by the state university\ntrustees, (ii) have been recommended by the governor in a budget bill\nrelating to a state fiscal year commencing on or after April first,\nnineteen hundred sixty-two which specifies the facilities to be\nconstructed, acquired, reconstructed, rehabilitated or improved and the\ntotal estimated cost for each such facility, and (iii) have been\napproved by the legislature for such state fiscal year. With respect to\nstate fiscal years commencing on or after April first, nineteen hundred\nsixty-three, the budget bill referred to in the preceding sentence shall\ninclude in addition to the items stated the date when it is desired that\nthe construction, acquisition, reconstruction, rehabilitation or\nimprovement of each facility referred to therein be completed, and all\nwork for such purposes shall be performed in such manner as to assure\ncompletion, so far as practicable, by the dates specified.\n  2. The fund may construct, acquire, reconstruct, rehabilitate and\nimprove such facilities, other than dormitories, by its own employees,\nby agreement with a state retirement system or any state agency\nauthorized to perform such work, or by contract awarded pursuant to\nsubdivision eight of this section.\n  3. The fund may construct, acquire, reconstruct, rehabilitate and\nimprove dormitories only by agreement with the dormitory authority\nestablished under title four of the public authorities law, except that\nif the dormitory authority indicates its unwillingness to enter into\nsuch an agreement with the fund for such purpose, the fund may\nconstruct, acquire, reconstruct, rehabilitate and improve such\ndormitories by its own employees, by agreement with a state retirement\nsystem or any state agency (other than the dormitory authority)\nauthorized to perform such work, or by contract awarded pursuant to\nsubdivision eight of this section, subject, however, to the rights of\nholders of outstanding bonds and notes of the dormitory authority with\nrespect to existing dormitories.\n  4. In the event that the dormitory authority enters into an agreement\nwith the fund for construction, acquisition, reconstruction,\nrehabilitation or improvement of a facility for the state university, it\nshall perform the work required or cause the work required to be\nperformed in accordance with the terms of such agreement either by its\nown employees or by contract awarded pursuant to the provisions of title\nfour of the public authorities law. In the event any state agency other\nthan the dormitory authority enters into an agreement with the fund for\nsuch work it shall perform the same either by its own employees or by\ncontract awarded pursuant to subdivision eight of this section.\n  5. No contract for the construction, acquisition, reconstruction,\nrehabilitation or improvement of academic buildings, dormitories and\nother facilities shall be awarded by any letting agency unless the state\nuniversity trustees shall have approved the architectural concept of the\nfacility to be constructed, acquired, reconstructed, rehabilitated or\nimproved and unless the fund shall have approved the proposed terms of\nsuch contract, including the detailed plans and specifications for such\nfacility.\n  6. Each contract for the construction, acquisition, reconstruction,\nrehabilitation or improvement of academic buildings, dormitories and\nother facilities shall include a provision that the architect who\ndesigned the facility, or an architect or engineer, or, for projects\nauthorized by section three hundred seventy-two-a of this article a\nconstruction manager or other consultant, retained specifically for the\npurpose of supervision, shall supervise the work to be performed through\nto completion and shall see to it that the materials furnished and the\nwork performed are in accordance with the drawings, plans,\nspecifications and contract therefor.\n  7. Any letting agency may in its discretion award one contract for all\nthe work to be performed in construction, acquisition, reconstruction,\nrehabilitation or improvement without separate and independent bidding\nor letting on subdivisions of work to be performed.\n  8. * All contracts which are to be awarded pursuant to this\nsubdivision shall be awarded by public letting in accordance with the\nfollowing provisions, notwithstanding any contrary provision of section\none hundred thirty-five, one hundred thirty-six, one hundred thirty-nine\nor one hundred forty of the state finance law or any other law,\nprovided, however, that where the estimated expense of any contract\nwhich may be awarded pursuant to this subdivision is less than two\nhundred fifty thousand dollars, a performance bond and a bond for the\npayment of labor and material may, in the discretion of the fund, not be\nrequired, and except that in the discretion of the fund, a contract may\nbe entered into for such purposes without public letting where the\nestimated expense thereof is less than one hundred fifty thousand\ndollars, or where in the judgment of the fund an emergency condition\nexists as a result of damage to an existing academic building, dormitory\nor other facility which has been caused by an act of God, fire or other\ncasualty, or any other unanticipated, sudden and unexpected occurrence,\nthat has resulted in damage to or a malfunction in an existing academic\nbuilding, dormitory or other facility and involves a pressing necessity\nfor immediate repair, reconstruction or maintenance in order to permit\nthe safe continuation of the use or function of such facility, or to\nprotect the facility or the life, health or safety of any person, and\nthe nature of the work is such that in the judgment of the fund it would\nbe impractical and against the public interest to have public letting;\nprovided, however, that the fund, prior to awarding a contract hereunder\nbecause of an emergency condition notify the comptroller of its intent\nto award such a contract:\n  * NB Effective until June 30, 2031\n  * All contracts which are to be awarded pursuant to this subdivision\nshall be awarded by public letting in accordance with the following\nprovisions, notwithstanding any contrary provision of section one\nhundred thirty-five, one hundred thirty-six, one hundred thirty-nine or\none hundred forty of the state finance law, provided, however, that\nwhere the estimated expense of any contract which may be awarded\npursuant to this subdivision is less than fifty thousand dollars, a\nperformance bond and a bond for the payment of labor and material may,\nin the discretion of the fund, not be required, and except that in the\ndiscretion of the fund, a contract may be entered into for such purposes\nwithout public letting where the estimated expense thereof is less than\ntwenty thousand dollars, or where in the judgment of the fund an\nemergency condition exists as a result of damage to an existing academic\nbuilding, dormitory or other facility which has been caused by an act of\nGod, fire or other casualty, or any other unanticipated, sudden and\nunexpected occurrence, that has resulted in damage to or a malfunction\nin an existing academic building, dormitory or other facility and\ninvolves a pressing necessity for immediate repair, reconstruction or\nmaintenance in order to permit the safe continuation of the use or\nfunction of such facility, or to protect the facility or the life,\nhealth or safety of any person, and the nature of the work is such that\nin the judgment of the fund it would be impractical and against the\npublic interest to have public letting; provided, however, that the\nfund, prior to awarding a contract hereunder because of an emergency\ncondition notify the comptroller of its intent to award such a contract:\n  * NB Effective June 30, 2031\n  a. If contracts are to be publicly let, the letting agency shall\nadvertise the invitation to bid in a newspaper published in the city of\nAlbany and in such other newspapers as will be most likely in its\nopinion to give adequate notice to contractors of the work required and\nof the invitation to bid provided, however, that where the estimated\nexpense of any contract which may be awarded pursuant to this\nsubdivision is less than one hundred fifty thousand dollars, the letting\nagency may advertise the invitation to bid solely through the\nprocurement opportunities newsletter published pursuant to section one\nhundred forty-two of the economic development law. The invitation to bid\nshall contain such information as the letting agency shall deem\nappropriate and a statement of the time and place where all bids\nreceived pursuant to such notice will be publicly opened and read.\n  b. The letting agency shall not award any contract after public\nbidding except to the lowest bidder who in its opinion is qualified to\nperform the work required and is responsible and reliable. The letting\nagency may, however, reject any or all bids, again advertise for bids,\nor waive any informality in a bid if it believes that the public\ninterest will be promoted thereby.\n  c. The invitation to bid and the contract awarded shall contain such\nother terms and conditions, and such provisions for penalties, as the\nletting agency may deem desirable.\n  * d. Any contract awarded pursuant to this subdivision shall contain a\nclause that the contract shall be deemed executory to the extent of the\nmoneys available and that no liability shall be incurred by the fund\nbeyond the moneys available therefor.\n  * NB Effective until June 30, 2031\n  * d. The form of any contract awarded pursuant to this subdivision\nshall be approved by the attorney general and by the comptroller and\nshall contain a clause that the contract shall be deemed executory to\nthe extent of the moneys available and that no liability shall be\nincurred by the fund beyond the moneys available therefor.\n  * NB Effective June 30, 2031\n  e. The letting agency shall require such deposits, bonds and security\nin connection with the submission of bids, the award of contracts and\nthe performance of work as it shall determine to be in the public\ninterest and for the protection of the state, the state university, the\nfund and the letting agency.\n  f. Notwithstanding the provisions of any other law to the contrary,\nall contracts for public work awarded by the state university\nconstruction fund pursuant to this subdivision shall be in accordance\nwith section one hundred thirty-nine-f of the state finance law.\n  9. No payments shall be made by the comptroller from appropriated\nmoneys on account of any construction contract for a facility until the\nbills or estimates presented for such payment shall have been duly\ncertified to be correct (i) by the chairman of the fund or by an officer\nof the fund duly designated for that purpose, or (ii) if the dormitory\nauthority is the letting agency, by the chairman thereof or by an\nofficer or employee thereof duly designated for that purpose.\n  10. Whenever the fund deems it necessary as a result of or in\nconnection with the construction, acquisition, reconstruction,\nrehabilitation and improvement of any academic building, dormitory, and\nother facility, to provide for the removal, relocation, replacement,\nreconstruction, repair or extension by a municipality, county, town,\nvillage or public service corporation, of water mains, sewer pipes,\ntelephone lines and other facilities maintained for public use and owned\nby such municipality, county, town, village or public service\ncorporation, it shall have the power to contract with such municipality,\ncounty, town, village or public service corporation and such\nmunicipality, county, town, village or public service corporation shall\nhave the power to contract with the fund, for such removal, relocation,\nreplacement, reconstruction, repair or extension. The contract for such\nremoval, relocation, replacement, reconstruction, repair or extension\nmay, at the discretion of the fund, be entered into by the fund without\nthe necessity of public bidding or public letting. Upon the completion\nand acceptance by the fund of the performance of such removal,\nrelocation, replacement, reconstruction, repair or extension, said water\nmains, sewer pipes, telephone lines and other facilities shall be\nmaintained by the municipality, county, town, village or public service\ncorporation, as the case may be.\n  11. (a) Each contract involving the awarding of a large-scale\nconstruction project shall require the use of a project labor agreement,\nas defined in subdivision one of section two hundred twenty-two of the\nlabor law, for all contractors and subcontractors on the project,\nconsistent with paragraph (a) of subdivision two of section two hundred\ntwenty-two of the labor law, except as otherwise provided in paragraph\n(b) of this subdivision.\n  (b) The fund shall not be required to use a project labor agreement\nwhere it determines that such agreement would be inconsistent with\nparagraph (a) of subdivision two of section two hundred twenty-two of\nthe labor law or state competitive bidding laws. Any such determination\nshall be provided in a written explanation for a particular project\ncontract by the solicitation date. The goals and requirements of article\nfifteen-A of the executive law and article three of the veteran services\nlaw shall apply to all project labor agreements.\n  (c) An agency may require the use of a project labor agreement on\nconstruction projects where the total cost to the fund is less than that\nfor a large-scale construction project, if consistent with paragraph (a)\nof subdivision two of section two hundred twenty-two of the labor law.\n
N.Y. ELN Law § 3-102 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-102
State board of elections; general powers and duties
Status: in_force

§ 3-102. State board of elections; general powers and duties. In\naddition to the enforcement powers and any other powers and duties\nspecified by law, the state board of elections shall have the power and\nduty to:\n  1. issue instructions and promulgate rules and regulations relating to\nthe administration of the election process, election campaign practices\nand campaign financing practices consistent with the provisions of law;\n  2. visit boards of elections, examine their procedures and records and\ndirect that any such procedures be modified in any manner consistent\nwith the provisions of this chapter;\n  3. conduct any investigation necessary to carry out the provisions of\nthis chapter, provided, however, that the state board of elections chief\nenforcement counsel, established pursuant to section 3-100 of this\narticle, shall conduct all investigations necessary to enforce the\nprovisions of this chapter;\n  4. conduct private or public hearings;\n  5. administer oaths or affirmations, subpoena witnesses, compel their\nattendance, examine them under oath or affirmation and require the\nproduction of any books, records, documents or other evidence it may\ndeem relevant or material;\n  6. confer immunity in accordance with the provisions of section 50.20\nof the criminal procedure law, in any investigation relating to any\ncrime or offense with respect to which, by express provisions of\nstatute, a competent authority is authorized to confer immunity;\nprovided, however, that such immunity shall be conferred only after the\nattorney general and appropriate district attorney are afforded the\nopportunity to be heard respecting any objections which either may have\nto the conferring thereof; and provided, further, that if either the\nattorney general or any such appropriate district attorney shall object\nto the conferring of immunity, immunity may be conferred only by\nunanimous vote of all four commissioners of the state board;\n  7. institute, or direct a board of elections to institute such\njudicial proceedings as may be necessary to enforce compliance with any\nprovision of article fourteen of this chapter or any regulation\npromulgated thereunder including, but not limited to, application, on\nnotice served upon the respondent in the manner directed by the court at\nleast six hours prior to the time of return thereon, to a justice of the\nsupreme court within the judicial district in which an alleged violation\nof any such provision or regulation occurred or is threatened, for an\norder prohibiting the continued or threatened violation thereof or for\nsuch other or further relief as the court may deem just and proper;\n  8. prepare uniform forms for the statements required by article\nfourteen of this chapter and uniform forms for use by local election\nofficials in the conduct of registration and voting; design, prepare and\nmake available to county boards of election and to such other\ninstitutions and groups as such board in its discretion shall determine\nuniform application forms for registration and enrollment, transfer of\nregistration and/or enrollment and special enrollment upon application\nfiled by mail pursuant to the provisions of section 5-210 of this\nchapter;\n  9. study and examine the administration of elections within the state\nincluding campaign financing, campaign financing reporting, and campaign\npractices;\n  9-A. (a) develop an electronic reporting system to process the\nstatements of campaign receipts, contributions, transfers and\nexpenditures required to be filed with any board of elections pursuant\nto the provisions of sections 14-102, 14-104 and 14-201 of this chapter;\n  (b) prescribe the information required in the form for each statement\nto be filed;\n  (c) establish an educational and training program on all reporting\nrequirements including but not limited to the electronic reporting\nprocess and make it easily and readily available to any such candidate\nor committee;\n  (d) make the electronic reporting process available to any such\ncandidate or committee which is required to file or which agrees to file\nsuch statements by such electronic reporting process;\n  (e) cause all information contained in such a statement filed with the\nstate board of elections which is not on such electronic reporting\nsystem to be entered into such system as soon as practicable but in no\nevent later than ten business days after its receipt by the state board\nof elections; and\n  (f) make all data from electronic reporting process available at all\ntimes on the internet.\n  10. establish rules allowing the admission of news media\nrepresentatives to the area of the polling place where the canvass of\nballots cast can be directly observed;\n  11. recommend such legislation or administrative measures as it finds\nappropriate to promote fair, honest and efficiently administered\nelections, including, but not limited to, legislation to adjust the\ncontribution limitations set forth in article fourteen of this chapter;\n  12. monitor the adequacy and effectiveness of the election laws and\nreport thereon at least annually to the governor and the legislature;\n  13. compile the information required with respect to the operation of\nthe National Voter Registration Act and report such information annually\nto the governor, the legislature and the Federal Election Commission\ntogether with an assessment of the operation of such act and any\nrecommendations for changes and improvements.\n  14. take all appropriate steps to encourage the broadest possible\nvoter participation in elections including the administration of a\nprogram of registration form distribution by participating state\nagencies as prescribed by section 5-211 of this chapter;\n  15. receive from the secretary of the senate and the clerk of the\nassembly a list of the mailing addresses of senators and members of the\nassembly. When members of the public, government officials, or agencies\nrequest the mailing addresses of senators and members of the assembly,\nthe mailing addresses submitted to the board by the secretary of the\nsenate and the clerk of the assembly shall be provided;\n  16. administer the administrative complaint procedure as provided for\nin section 3-105 of this article;\n  16-a. provide the department of corrections and community supervision\nwith a sufficient number of voter registration forms to allow the\ndepartment of corrections and community supervision to comply with the\nduty to provide such voter registration forms to persons upon the\nexpiration of their maximum sentence of imprisonment. Such voter\nregistration forms shall be addressed to the state board of elections.\n  16-b. Develop and implement a program to educate attorneys, judges,\nelection officials, corrections officials, including parole and\nprobation officers, and members of the public regarding the requirements\nof the chapter of the laws of two thousand twenty-one which added this\nsubdivision.\n  17. perform such other acts as may be necessary to carry out the\npurposes of this chapter.\n  18. promulgate rules and regulations to provide for the ability of\nindividuals who do not exclusively identify as a binary gender to run\nfor positions elected in gendered contests which respect the\nindividuals' gender identity. In no case shall the board of elections\npromulgate rules that are inconsistent with a system that requires\nindividuals filing for candidacy to self-identify their gender marker as\n"M", "F", or "X", requires all candidates to run in a single race, and\nmaintains requirements for gender diversity.\n
N.Y. EDN Law § 669 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 2 / Section 669
Regents awards for children of deceased state correction officers and state civilian employees of a correction facility
Status: in_force

§ 669. Regents awards for children of deceased state correction\nofficers and state civilian employees of a correction facility.  1.\nEligible students.  Awards shall be made to resident children of state\ncorrection officers and state civilian employees of a correctional\nfacility who died as a result of an injury sustained in the line of duty\nduring the period from September ninth, nineteen hundred seventy-one\nthrough September thirteenth, nineteen hundred seventy-one, inclusive.\n  2. Amount and duration.  The award shall not exceed the sum of\ntuition, educational fees, room and board charged by the state\nuniversity of New York nor shall it be for more than four academic years\nof undergraduate study or five academic years if a program of study\nnormally requires five years, as defined by the commissioner pursuant to\narticle thirteen.\n  3. Notwithstanding any inconsistent provision of this chapter, no\nchild of a state correction officer who is receiving an award under the\nprovisions of section six hundred sixty-eight-a of this article shall\nreceive an award under the provisions of this section.\n
N.Y. EDN Law § 355-E — New York Code / Act EDN / Title 1 / Article 8 / Section 355-E
New York state firearm violence research institute
Status: in_force

§ 355-e. New York state firearm violence research institute.  1.\nInstitute formation and goals. Subject to amounts available by\nappropriation, the New York state firearm violence research institute,\nhereinafter the "institute", is hereby created within the state\nuniversity of New York. The purposes of the institute shall include:\n  (a) advising the governor, governmental agencies, and the legislature\non matters relating to firearm violence in New York state;\n  (b) fostering, pursuing and sponsoring collaborative firearm violence\nresearch;\n  (c) increasing understanding by establishing and reporting on what is\nknown and what is not known about firearm violence of the state;\n  (d) identifying priority needs for firearm violence research and\ninventory work within New York that currently are not receiving adequate\nattention, and identifying public or private entities that are best\nsituated to address such needs, thereby leading to better coordination\nof firearm violence research efforts in the state;\n  (e) promoting awareness of existing and new sources of firearm\nviolence information and firearm violence while educating elected\nofficials, governmental agencies, and the general public on firearm\nviolence issues through such means as it may determine;\n  (f) organizing and sponsoring meetings on firearm violence topics;\n  (g) encouraging the establishment of networks of collaborating experts\nengaged in related aspects of firearm violence research;\n  (h) raising sensitivity to firearm violence concerns among state and\nlocal government agencies, and serving as a forum for enhanced\ninteragency information sharing and cooperation;\n  (i) recommending priority activities for funding through the firearm\nviolence research fund, created pursuant to section ninety-seven-j of\nthe state finance law;\n  (j) working on a continuing basis with policymakers in the legislature\nand state agencies to identify, implement, and evaluate innovative\nfirearm violence prevention policies and programs;\n  (k) recruiting and providing specialized training opportunities for\nnew researchers, including experienced investigators in related fields\nwho are beginning work on firearm violence, young investigators who have\ncompleted their education, postdoctoral scholars, doctoral students, and\nundergraduates; and\n  (l) providing copies of their research publications to the legislature\nand to agencies supplying data used in the conduct of such research as\nsoon as is practicable following publication.\n  2. Research. The institute shall foster, pursue, and sponsor basic,\ntranslational, and transformative research, field studies, and all other\nsuch activities to research:\n  (a) the nature of firearm violence, including individual and societal\ndeterminants of risk for involvement in firearm violence, whether as a\nvictim or a perpetrator;\n  (b) the individual, community, and societal consequences of firearm\nviolence;\n  (c) the prevention and treatment of firearm violence at the\nindividual, community, and societal levels;\n  (d) the effectiveness of existing laws and policies intended to reduce\nfirearm violence, and efforts to promote the responsible ownership and\nuse of firearms; and\n  (e) other research as deemed by the institute to be aligned with its\ncore mission.\n  3. Education and information transfer programs. To the extent\npossible, the institute shall foster the collection, transfer, and\napplication of firearm violence information in the state by:\n  (a) fostering access, compatibility, interchange, and synthesis of\ndata about firearm violence maintained by public entities, academic and\nresearch institutions, and private organizations;\n  (b) employing advanced technology to coordinate for ease of use of the\nscattered firearm violence resources of the state; and\n  (c) supporting the preparation and publication of interpretative works\nthat draw upon firearm violence resources.\n  4. Quinquennial reports. The institute shall prepare and submit a\nreport within one year of the effective date of this section and every\nfive years thereafter to the governor and the legislature describing\nprograms undertaken or sponsored by the institute, the status of\nknowledge regarding the state's firearm violence, and research needs\nrelated thereto.\n  5. Executive committee. The institute shall be guided by an executive\ncommittee. Members of the committee shall be from varying backgrounds\nwith members selected from the scientific community, academic community,\nas well as from government service. Such committee shall consist of ten\nmembers including the commissioner of education, the commissioner of\ncriminal justice services, the commissioner of health, the chancellor of\nthe state university of New York or their designees, two at large\nmembers appointed by the governor, two members appointed by the\ntemporary president of the senate, and two members appointed by the\nspeaker of the assembly. Appointed members shall serve for a term of\nthree years, provided that such members may be reappointed. The\nexecutive committee shall:\n  (a) adopt policies, procedures, and criteria governing the programs\nand operations of the institute;\n  (b) recommend to the governor and legislature appropriate actions to\nreduce firearm violence within the state;\n  (c) develop and implement the research, education and information\ntransfer programs of the institute;\n  (d) identify and rate proposals for firearm violence research;\n  (e) submit to the director of the budget, and the chairpersons of the\nsenate finance committee and the assembly ways and means committee on\nthe first day of October, two thousand twenty-one and on or before\nAugust first each year thereafter, a budget request for the expenditure\nof funds available from the firearm violence research fund, for the\npurposes established by section ninety-seven-j of the state finance law;\nand\n  (f) meet publicly at least twice a year. The committee shall widely\ndisseminate notice of its meetings at least two weeks prior to each\nmeeting. The commissioners on the executive committee and the chancellor\nof the state university of New York shall aid in such dissemination.\n  6. Scientific working group. The institute shall appoint a scientific\nworking group consisting of individuals having knowledge and expertise\nin firearm violence research which shall advise and make recommendations\nto the institute regarding its research and information programs.\n  7. Institute director. The institute shall have a director who shall\nbe appointed by the executive committee and shall after appointment be\nan employee of the state university. The institute director shall serve\nat the pleasure of the executive committee. The institute director shall\nserve as chief administrative officer of the institute and provide the\nnecessary support for the executive committee.\n  8. Compensation. The members of the executive committee and the\nscientific working group shall serve without additional compensation,\nbut shall be eligible to receive reimbursement for their actual and\nnecessary expenses from the firearm violence research fund established\nby section ninety-seven-j of the state finance law, provided however,\nmembers of the executive committee representing state agencies may\nreceive reimbursement for their actual and necessary expenses from their\nrespective agencies. Members of the executive committee and scientific\nworking group shall be considered state employees for the purposes of\nsections seventeen and nineteen of the public officers law.\n  9. Memorandum of understanding. The state university of New York, the\ndepartment of health, the department of motor vehicles, and the division\nof criminal justice services shall enter into a written memorandum of\nunderstanding to facilitate the appropriate implementation of the\nfirearm violence research institute and the goals, responsibilities, and\nprograms established by this section.\n
N.Y. SOS Law § 145-C — New York Code / Act SOS / Article 5 / Title 1 / Section 145-C
Sanctions
Status: in_force

§ 145-c. Sanctions. Any person who, individually or as a member of a\nfamily, applies for or receives public assistance and is found by a\nfederal, state or local criminal, civil or other court or pursuant to an\nadministrative hearing held in accordance with the regulations of the\ndepartment, on the basis of a plea of guilty or nolo contendere or\notherwise, intentionally to have (a) made a false or misleading\nstatement or misrepresented, concealed, or withheld facts, or (b)\ncommitted any act intended to mislead, misrepresent, conceal, or\nwithhold facts or propound a falsity, for the purpose of establishing or\nmaintaining the eligibility of the individual or of the individual's\nfamily for aid or of increasing (or preventing a reduction in) the\namount of such aid, then the needs of such individual shall not be taken\ninto account in determining his or her need or that of his or her family\npursuant to section one hundred thirty-one-a of this article (i) for a\nperiod of six months upon the first occasion of any such offense, (ii)\nfor a period of twelve months upon the second occasion of any such\noffense or upon an offense which resulted in the wrongful receipt of\nbenefits in an amount of between at least one thousand dollars and no\nmore than three thousand nine hundred dollars, (iii) for a period of\neighteen months upon the third occasion of any such offense or upon an\noffense which results in the wrongful receipt of benefits in an amount\nin excess of three thousand nine hundred dollars, and (iv) five years\nfor any subsequent occasion of any such offense.  Any period for which\nsanctions are imposed shall remain in effect, without possibility of\nadministrative stay, unless and until the finding upon which the\nsanctions were imposed is subsequently reversed by a court of\nappropriate jurisdiction; but in no event shall the duration of the\nperiod for which such sanctions are imposed be subject to review. The\nsanctions shall be in addition to, and not in substitution for, any\nother sanctions which may be provided for by law with respect to the\noffenses involved, except that the social services official or court\nofficial assessing penalties against a recipient for an act of fraud or\nmisrepresentation described in this subdivision may consider whether to\nimpose such penalties based upon the existence of the penalties\ndescribed herein.\n
N.Y. PBA Law § 1020-V*2 — New York Code / Act PBA / Article 5 / Title 1-A* / Section 1020-V*2
Separability clause
Status: in_force

* § 1020-v. Separability clause. If any section, clause or provision\nof this title shall be held by a competent court to be unconstitutional\nor ineffective in whole or in part, in its terms or in its operation, to\nthe extent that it is not unconstitutional or ineffective it shall be\nvalid and effective and no other section, clause or provision shall on\naccount thereof be deemed invalid or ineffective.\n  * NB There are 2 § 1020-v's\n
N.Y. RPT Law § 528 — New York Code / Act RPT / Article 5 / Title 1-A / Section 528
Application of title
Status: in_force

§ 528. Application of title. 1. No "charter law," as such term is\ndefined in section thirty-two of the municipal home rule law, nor local\nlaw shall be adopted which is inconsistent with the provisions of this\ntitle.\n  2. Provisions of all general, special, local or other laws which are\ninconsistent with the provisions of this title shall be inapplicable to\nmunicipal corporations to which this title applies but if not\ninconsistent shall apply to such municipal corporation.\n  3. This title shall apply to all counties except counties wholly\nwithin a city and all cities and towns in the state except (1) a city\nwith a population of five million or more and (2) a city or town in a\ncounty having the power to assess property for purposes of taxation.\n