N.Y. ENV Law § 9-0501 — New York Code / Act ENV / Article 9 / Title 5 / Section 9-0501
Power to acquire reforestation areas; prohibition against compensation or gratuity
Status: in_force

§ 9-0501. Power to acquire reforestation areas; prohibition against\n            compensation or gratuity.\n  1. In order to provide for the acquisition of lands outside of the\nAdirondack park and the Catskill park as defined by subdivisions 1 and 2\nof section 9-0101, which are adapted for reforestation and the\nestablishment and maintenance thereon of forests for watershed\nprotection, the production of timber and other forest products, and for\nrecreation and kindred purposes, the department may acquire in the name\nof the state, by gift, purchase or appropriation, reforestation areas\nwhich shall consist respectively of not less than five hundred acres of\ncontiguous lands, which shall be forever devoted to the planting, growth\nand harvesting of such trees as shall be deemed by the commissioner best\nsuited for the lands to be reforested. Lands divided only by highway,\nrailroad, transmission line, telephone line, telegraph line, pipe line\nor other rights of way or only by canals or streams shall be deemed to\nbe contiguous within the meaning of this section.  Plantations and other\nforests thereon shall be established, managed and protected under his\nsupervision pursuant to such provisions of law as shall from time to\ntime be established or to such rules and regulations as may be\nprescribed by him.\n  2. No officer or any other person acting for the department in\nsecuring options for the purchase of lands acquired or to be acquired\nunder provisions of this title 5 shall directly or indirectly receive or\naccept from a vendor of lands acquired or to be acquired by the state as\nherein provided any commission, compensation or gratuity, and no town or\ncounty officer shall receive any compensation for services rendered to\nthe department in connection with such acquisition.\n
N.Y. EDN Law § 3815 — New York Code / Act EDN / Title 5 / Article 77 / Section 3815
Hearing before county judge
Status: in_force

§ 3815. Hearing before county judge.  1. Upon the appearance of the\nparties, or upon due proof of service of the notice and copy of the\naccount, the county judge shall examine into the matter and hear the\nproofs and allegations presented by the parties, and decide by order\nwhether or not the account, or any and what portion thereof, ought\njustly to be charged upon the district, with costs and disbursements to\nsuch officer.\n  2. Such costs and disbursements shall not exceed the sum of thirty\ndollars, and the decision of the county judge shall be final; but no\nportion of such account shall be so ordered to be paid which shall\nappear to such judge to have arisen from the wilful neglect or\nmisconduct of the claimant.  The account with the oath of the party\nclaiming the same shall be prima facie evidence of the correctness\nthereof.  The county judge may adjourn the hearing from time to time, as\njustice shall seem to require.\n
N.Y. PBA Law § 916 — New York Code / Act PBA / Article 4 / Title 5 / Section 916
Contracts
Status: in_force

§ 916. Contracts. All contracts for the construction, reconstruction,\nrehabilitation and improvement of projects authorized pursuant to this\ntitle shall be subject to article eight of the labor law and shall also\nbe subject to the provisions of law applicable to county contracts,\nexcept as otherwise provided herein.\n
N.Y. VAT Law § 523 — New York Code / Act VAT / Title 5 / Article 21 / Section 523
Reports
Status: in_force

§ 523. Reports. The commissioner shall report to the governor and to\nthe legislature annually with respect to the status of the alcohol and\ndrug rehabilitation program, including therein, among other things, the\nscope and results of procedures for screening and referral of program\nparticipants exhibiting an early stage, of alcoholism or chronic life\nproblem with alcohol, providing that such report shall not contain the\nname of or otherwise identify participants in such program.\n
N.Y. ENV Law § 11-0511 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0511
Possession and transportation of wildlife
Status: in_force

§ 11-0511. Possession and transportation of wildlife.\n  Subject to the provisions of section 11-0512 of this article, no\nperson shall, except under a license or permit first obtained from the\ndepartment containing the prominent warning notice specified in\nsubdivision nine of section 11-0917 of this article, possess, transport\nor cause to be transported, imported or exported any live wolf, wolfdog,\ncoyote, coydog, fox, skunk, raccoon, venomous reptile, endangered\nspecies designated pursuant to section 11-0535 of this title, species\nnamed in section 11-0536 of this title or other species of native or\nnon-native live wildlife or fish where the department finds that\npossession, transportation, importation or exportation of such species\nof wildlife or fish would present a danger to the health or welfare of\nthe people of the state, an individual resident or indigenous fish or\nwildlife population. Environmental conservation officers, forest rangers\nand members of the state police may seize every such animal possessed\nwithout such license or permit. No action for damages shall lie for such\nseizure, and disposition of seized animals shall be at the discretion of\nthe department.\n
N.Y. PBA Law § 2895 — New York Code / Act PBA / Article 9 / Title 5-A / Section 2895
Definitions
Status: in_force

§ 2895. Definitions. For the purposes of this title, unless a\ndifferent meaning is required by the context:\n  1. "Contracting officer" shall mean the officer or employee of a\npublic authority who shall be appointed by resolution of the board of\nthe public authority to be responsible for the disposition of property.\n  2. "Dispose" or "disposal" shall mean transfer of title or any other\nbeneficial interest in personal or real property in accordance with\nsection twenty-eight hundred ninety-seven of this title.\n  3. "Property" shall mean personal property in excess of five thousand\ndollars in value, real property, and any inchoate or other interest in\nsuch property, to the extent that such interest may be conveyed to\nanother person for any purpose, excluding an interest securing a loan or\nother financial obligation of another party.\n
N.Y. ENV Law § 54-0501 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0501
Definitions
Status: in_force

§ 54-0501. Definitions.\n  As used in this title the following terms shall mean and include:\n  1. "Landfill" means a disposal facility or part of one at which solid\nwaste, or its residue after treatment, is intentionally placed in or on\nland, and at which solid waste will remain after closure and which is\nnot a land spreading facility, a surface impoundment, or an injection\nwell.\n  2. "Municipal landfill closure project" means activities undertaken to\nclose, including by reclamation, a landfill owned or operated by a\nmunicipality to achieve compliance with regulations promulgated by the\ndepartment, or activities undertaken to implement a landfill gas\nmanagement system.\n  3. "Cost" means the capital cost of a municipal landfill closure\nproject or a municipal landfill gas management project, including\nengineering and architectural services, plans and specifications,\nconsultant and legal services, and other direct capital expenses\nincident to such project, less any federal or other assistance for such\nproject received or to be received.\n  4. "Landfill gas management system" means an active system for the\ncontrol, capture, and management of gas created within and emitted from\na solid waste landfill.\n  5. "Municipal landfill gas management project" means activities\nundertaken to implement a landfill gas management system at an active\nlandfill which is owned or operated by a municipality.\n
N.Y. RPT Law § 595 — New York Code / Act RPT / Article 5 / Title 5 / Section 595
Reporting to assessors
Status: in_force

§ 595. Reporting to assessors. 1. No less than sixty days before the\ntaxable status date, the assessor shall cause to be sent, by registered\nor certified mail, a notice to each known producer, setting forth the\nprovisions of this subdivision and stating that producers are required\nto report annual production pursuant to this title and that a true and\naccurate copy of the production report for the production year required\nto be filed with the department of environmental conservation must be\nprovided to the assessor forty-five days before the tentative roll date.\nSuch notice shall also contain the tentative roll date on or before\nwhich the production data is due, and the name and complete address of\nthe responsible office, person or agency to whom such production report\ndata shall be provided. If such notice is provided but the producer does\nnot so comply, this title shall not be applicable to the property of\nthat producer.\n  2. Each oil and/or gas producer shall report to each appropriate\nassessor the total amount of oil and gas produced in the production year\nfrom each oil and gas well and the physical structures and buildings\nwithin the economic unit or units that the producer considers to be part\nof the economic unit or units for assessment under this title. Physical\nstructures and buildings designated by the producer and accepted by the\nassessor to be a part of the economic unit shall be assessed as part of\nthe economic unit pursuant to this title and not separately under other\nprovisions of this chapter.\n  3. If requested by the assessor, each producer shall submit to the\nassessor, maps or other information reasonably indicating the location\nof gas and oil wells, pipeline and other equipment and fixtures. In lieu\nof submitting the foregoing information a producer may refer and direct\nthe assessor to any local government authority, including a town or\nvillage municipality, where such or similar information has already been\nfiled or supplied to such authorities.\n  4. The local government official who receives notice from the\nproducer, pursuant to subdivision thirteen of section 23-0305 of the\nenvironmental conservation law, of the issuance of drilling permits and\nlocation of the drilling site, shall promptly provide a copy of each\nsuch notice received to the assessor.\n  5. (a) Notwithstanding the provisions of paragraph f of subdivision\neight of section 23-0305 of the environmental conservation law, the\ncommissioner of the department of environmental conservation shall, on\nor before April first of each year or as soon thereafter as possible,\nprovide to each county director of real property tax services a copy of\neach production report received by the department relating to production\nin that county in the applicable production year, or a compilation of\nsuch information in a form usable for purposes of this title. The\ncommissioner shall also provide to each county director of real property\ntax services, on or before April first of each year or as soon as\npossible thereafter a list identifying and containing all oil and gas\ndrilling well permits, if any, issued by the department during the\nimmediate preceding calendar year for each affected county. Information\nprovided by the commissioner pursuant to this subdivision shall not be\nsubject to the provisions of article six of the public officers law (the\nfreedom of information law), and no person shall disclose or otherwise\nmake known any such information submitted by the department, except in\nan administrative or judicial proceeding to review a unit of production\nvalue or the assessment of an oil or gas economic unit only after\nproviding twenty days written notice to the producer whose information\nis the subject of the proposed disclosure affording such producer with\nopportunity to submit written grounds for any objections to such\ndisclosure.\n  (b) The county director of real property tax services shall promptly\nprovide to each assessor, production data relating to oil and gas\neconomic units within that assessor's assessing unit.\n  6. Each gas producer shall notify the appropriate assessor in writing\nof the conversion or alteration of any producing well within an economic\nunit to a storage well or of the plugging and abandonment of a well.\n
N.Y. RPT Law § 995 — New York Code / Act RPT / Article 9 / Title 5 / Section 995
Collection of taxes and special assessments from a municipal corporation
Status: in_force

§ 995. Collection of taxes and special assessments from a municipal\ncorporation.  Real property owned by a municipal corporation shall not\nbe sold or conveyed by foreclosure or otherwise for the nonpayment of\nany tax or special assessment. Any tax or special assessment validly\nlevied or charged against real property owned by a municipal corporation\nshall be paid in the same manner as a general municipal charge. If any\nsuch tax or special assessment remains unpaid for more than sixty days\nafter demand therefor in writing has been filed with the chief executive\nofficer or clerk of such municipal corporation, payment may be enforced\nby a proceeding brought pursuant to article seventy-eight of the civil\npractice law and rules. If the municipal corporation owning the real\nproperty determines that the value thereof is insufficient to justify\npayment of the tax or special assessment levied thereon, in lieu of\npayment it may consent to an order directing sale of the property at\npublic auction on such notice as the court may order to satisfy the\nclaim.\n
N.Y. PBH Law § 576-C — New York Code / Act PBH / Article 5 / Title 5 / Section 576-C
Electronic reporting of disease and specimen submission
Status: in_force

§ 576-c. Electronic reporting of disease and specimen submission. 1.\nWhenever a clinical laboratory or blood bank is otherwise required by\nthis chapter to report evidence of a disease or health condition to the\ncommissioner or a local health officer, the laboratory director shall\nreport the test results and such data elements as are determined by the\ncommissioner to be necessary as authorized by law. All reports shall be\nsent electronically to the department in a standards based electronic\nformat, using a network, communications protocol, clinical syntax and\nvocabulary all as determined by the commissioner to be compatible with\nnational health information standards promulgated by the federal centers\nfor disease control and prevention and the department of health and\nhuman services. Reports shall be submitted on a schedule determined by\nthe commissioner.\n  2. Clinical laboratories and blood banks may continue to submit\nreports in paper copy to the commissioner and/or local health officer as\notherwise required by this chapter until the earlier of the date the\nlaboratory director receives notice that the laboratory has been\ncertified to report electronically or one year after the effective date\nof this section. Thereafter, all reports shall be sent electronically to\nthe department.\n  3. In the event the system for electronic reporting is unavailable for\nany reason, including lack of certification for electronic reporting,\nclinical laboratories and blood banks shall make reports to the local\nhealth officer of the county of the patient's residence and the\ncommissioner using an alternate mechanism determined by the\ncommissioner.\n  4. Whenever the commissioner or a local health officer determines that\nsupplemental testing is necessary to confirm evidence of a disease or\nhealth condition otherwise required to be reported to the commissioner\nor a local health officer pursuant to this chapter, or to further\nidentify the characteristics of a causative agent for reasons of public\nhealth protection, the laboratory shall submit all or part of the\nspecimen or its derivatives with patient identifiers to the department\nor its designee, or the local health officer or his or her designee, in\na manner and as directed by the commissioner.\n  5. The commissioner may adopt rules and regulations necessary to\nimplement the provisions of this section.\n
N.Y. ENV Law § 56-0505 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0505
Environmental restoration projects; criteria
Status: in_force

§ 56-0505. Environmental restoration projects; criteria.\n  1. The department shall determine the eligibility of an environmental\nrestoration project for state assistance under this title based upon the\nfollowing criteria:\n  (a) the benefit to the environment realized by the expeditious\nremediation of the property proposed to be subject to such project;\n  (b) the economic benefit to the state by the expeditious remediation\nof the property proposed to be subject to such project;\n  (c) the potential opportunity of the property proposed to be subject\nto such project to be used for public recreational purposes;\n  (d) real property in a designated brownfield opportunity area pursuant\nto section nine hundred seventy-r of the general municipal law; and\n  (e) the opportunity for other funding sources to be available for the\nremediation of such property, including, but not limited to, enforcement\nactions against responsible parties (other than the municipality to\nwhich state assistance was provided under this title; or a successor in\ntitle, lender, or lessee who was not otherwise a responsible party prior\nto such municipality taking title to the property), state assistance\npayments pursuant to title thirteen of article twenty-seven of this\nchapter, and the existence of private parties willing to remediate such\nproperty using private funding sources. Highest priority shall be\ngranted to projects for which other such funding sources are not\navailable.\n  2. The department shall not enter into a contract with a municipality\npursuant to section 56-0503 of this title for an environmental\nrestoration project for any site listed in the registry of inactive\nhazardous waste sites under section 27-1305 of this chapter and given a\nclassification as described in subparagraph one or two of paragraph b of\nsubdivision two of such section 27-1305.\n  3. The remediation objective of an environmental restoration\nremediation project shall meet the same standard for protection of\npublic health and the environment that applies to remedial actions\nundertaken pursuant to section 27-1313 of this chapter.\n  4. After completion of such project, the municipality may use the\nproperty for public purposes or may dispose of it. If the municipality\nshall dispose of such property by sale to a responsible party, such\nparty shall pay to such municipality, in addition to such other\nconsideration, an amount of money constituting the amount of state\nassistance provided under this title plus accrued interest and\ntransaction costs and the municipality shall deposit that money into the\nenvironmental restoration project account of the hazardous waste\nremedial fund established under section ninety-seven-b of the state\nfinance law.\n  5. In the event that an environmental restoration project's\nremediation objective shall not have been attained to the department's\nsatisfaction at the time of the municipality's disposition of such\nproperty, such municipality shall be liable to ensure that such\nobjective is attained within the time called for in the state assistance\ncontract.\n
N.Y. PML Law § 1335 — New York Code / Act PML / Article 13 / Title 5 / Section 1335
Games and gaming equipment
Status: in_force

§ 1335. Games and gaming equipment. 1. This article shall not be\nconstrued to permit any gaming except the conduct of authorized games in\na casino in accordance with this article and the regulations promulgated\nhereunder.\n  2. Gaming equipment shall not be possessed, maintained or exhibited by\nany person on the premises of a gaming facility except in a casino or in\nrestricted casino areas used for the inspection, repair or storage of\nsuch equipment and specifically designated for that purpose by the\ngaming facility licensee with the approval of the commission. Gaming\nequipment that supports the conduct of gaming in a gaming facility but\ndoes not permit or require patron access, such as computers, may be\npossessed and maintained by a gaming facility licensee or a qualified\nholding or intermediary company of a gaming facility licensee in\nrestricted areas specifically approved by the commission. No gaming\nequipment shall be possessed, maintained, exhibited, brought into or\nremoved from a gaming facility by any person unless such equipment is\nnecessary to the conduct of an authorized game, has permanently affixed,\nimprinted, impressed or engraved thereon an identification number or\nsymbol authorized by the commission, is under the exclusive control of a\ngaming facility licensee or gaming facility licensee's employees, or of\nany individually qualified employee of a holding company or gaming\nfacility licensee and is brought into or removed from the gaming\nfacility following twenty-four hour prior notice given to an authorized\nagent of the commission.\n  Notwithstanding any other provision of this section, computer\nequipment used by the slot system operator of a multi-casino progressive\nslot system to link and communicate with the slot machines of two or\nmore gaming facility licensees for the purpose of calculating and\ndisplaying the amount of a progressive jackpot, monitoring the operation\nof the system, and any other purpose that the commission deems necessary\nand appropriate to the operation or maintenance of the multi-casino\nprogressive slot machine system may, with the prior approval of the\ncommission, be possessed, maintained and operated by the slot system\noperator either in a restricted area on the premises of a gaming\nfacility or in a secure facility inaccessible to the public and\nspecifically designed for that purpose off the premises of a gaming\nfacility with the written permission of the commission. Notwithstanding\nthe foregoing, a person may, with the prior approval of the commission\nand under such terms and conditions as may be required by the\ncommission, possess, maintain or exhibit gaming equipment in any other\narea of the gaming facility, provided that such equipment is used for\nnongaming purposes. Notwithstanding any other provision of this article\nto the contrary, the commission may, by regulation, authorize the\nlinking of slot machines of one or more gaming facility licensees and\nslot machines located in casinos licensed by another state of the United\nStates. Wagering and account information for a multi-state slot system\nshall be transmitted by the operator of such multi-state slot system to\neither a restricted area on the premises of a gaming facility or to a\nsecure facility inaccessible to the public and specifically designed for\nthat purpose with the written permission of the commission, and from\nthere to slot machines of gaming facility licensees, provided all\nlocations are approved by the commission.\n  3. Each gaming facility shall contain a count room and such other\nsecure facilities as may be required by the commission for the counting\nand storage of cash, coins, tokens, checks, plaques, gaming vouchers,\ncoupons, and other devices or items of value used in wagering and\napproved by the commission that are received in the conduct of gaming\nand for the inspection, counting and storage of dice, cards, chips and\nother representatives of value. The commission shall promulgate\nregulations for the security of drop boxes and other devices in which\nthe foregoing items are deposited at the gaming tables or in slot\nmachines, and all areas wherein such boxes and devices are kept while in\nuse, which regulations may include certain locking devices. Said drop\nboxes and other devices shall not be brought into or removed from a\ngaming facility, or locked or unlocked, except at such times, in such\nplaces, and according to such procedures as the commission may require.\n  4. All chips used in gaming shall be of such size and uniform color by\ndenomination as the commission shall require by regulation.\n  5. All gaming shall be conducted according to rules promulgated by the\ncommission. All wagers and pay-offs of winning wagers shall be made\naccording to rules promulgated by the commission, which shall establish\nsuch limitations as may be necessary to assure the vitality of casino\noperations and fair odds to patrons. Each slot machine shall have a\nminimum payout of eighty-five percent.\n  6. Each gaming facility licensee shall make available in printed form\nto any patron upon request the complete text of the rules of the\ncommission regarding games and the conduct of gaming, pay-offs of\nwinning wagers, an approximation of the odds of winning for each wager,\nand such other advice to the player as the commission shall require.\nEach gaming facility licensee shall prominently post within a casino,\naccording to regulations of the commission such information about gaming\nrules, pay-offs of winning wagers, the odds of winning for each wager,\nand such other advice to the player as the commission shall require.\n  7. Each gaming table shall be equipped with a sign indicating the\npermissible minimum and maximum wagers pertaining thereto. It shall be\nunlawful for a gaming facility licensee to require any wager to be\ngreater than the stated minimum or less than the stated maximum;\nprovided, however, that any wager actually made by a patron and not\nrejected by a gaming facility licensee prior to the commencement of play\nshall be treated as a valid wager.\n  8. Testing of slot machines and associated devices. (a) Except as\nherein provided, no slot machine shall be used to conduct gaming unless\nit is identical in all electrical, mechanical and other aspects to a\nmodel thereof which has been specifically tested and licensed for use by\nthe commission. The commission shall also test or cause to be tested any\nother gaming device, gaming equipment, gaming-related device or\ngross-revenue related device, such as a slot management system,\nelectronic transfer credit system or gaming voucher system as it deems\nappropriate. In its discretion and for the purpose of expediting the\napproval process, the commission may utilize the services of a private\ntesting laboratory that has obtained a plenary license as a casino\nvendor enterprise to perform the testing, and may also utilize\napplicable data from any such private testing laboratory or from a\ngovernmental agency of a state authorized to regulate slot machines and\nother gaming devices, gaming equipment, gaming-related devices and\ngross-revenue related devices used in gaming, if the private testing\nlaboratory or governmental agency uses a testing methodology\nsubstantially similar to the methodology approved or utilized by the\ncommission. The commission, in its discretion, may rely upon the data\nprovided by the private testing laboratory or governmental agency and\nadopt the conclusions of such private testing laboratory or governmental\nagency regarding any submitted device.\n  (b) Except as otherwise provided in paragraph (e) of this subdivision,\nthe commission shall, within sixty days of its receipt of a complete\napplication for the testing of a slot machine or other gaming equipment\nmodel, approve or reject the slot machine or other gaming equipment\nmodel. In so doing, the commission shall specify whether and to what\nextent any data from a private testing laboratory or governmental agency\nof a state was used in reaching its conclusions and recommendation. If\nthe commission is unable to complete the testing of a slot machine or\nother gaming equipment model within this sixty day period, the\ncommission may conditionally approve the slot machine or other gaming\nequipment model for test use by a gaming facility licensee provided that\nthe commission represents that the use of the slot machine or other\ngaming equipment model will not have a direct and materially adverse\nimpact on the integrity of gaming or the control of gross revenue. The\ncommission shall give priority to the testing of slot machines or other\ngaming equipment that a gaming facility licensee has certified it will\nuse in its gaming facility in this state.\n  (c) The commission shall, by regulation, establish such technical\nstandards for licensure of slot machines, including mechanical and\nelectrical reliability, security against tampering, the\ncomprehensibility of wagering, and noise and light levels, as it may\ndeem necessary to protect the player from fraud or deception and to\ninsure the integrity of gaming. The denominations of such machines shall\nbe set by the licensee; the licensee shall simultaneously notify the\ncommission of the settings.\n  (d) The commission shall, by regulation, determine the permissible\nnumber and density of slot machines in a licensed gaming facility so as\nto:\n  (1) promote optimum security for gaming facility operations;\n  (2) avoid deception or frequent distraction to players at gaming\ntables;\n  (3) promote the comfort of patrons;\n  (4) create and maintain a gracious playing environment in the gaming\nfacility; and\n  (5) encourage and preserve competition in gaming facility operations\nby assuring that a variety of gaming opportunities is offered to the\npublic.\n  Any such regulation promulgated by the commission which determines the\npermissible number and density of slot machines in a licensed gaming\nfacility shall provide that all casinos shall be included in any\ncalculation of the permissible number and density of slot machines in a\nlicensed gaming facility.\n  (e) Any new gaming equipment that is submitted for testing to the\ncommission or to a state licensed independent testing laboratory prior\nto or simultaneously with submission of such new equipment for testing\nin a jurisdiction other than this state, may, consistent with\nregulations promulgated by the commission, be deployed by a gaming\nfacility licensee on the casino fourteen days after submission of such\nequipment for testing. If the gaming facility or casino vendor\nenterprise licensee has not received approval for the equipment fourteen\ndays after submission for testing, any interested gaming facility\nlicensee may, consistent with commission regulations, deploy the\nequipment on a field test basis, unless otherwise directed by the\nexecutive director.\n  9. It shall be unlawful for any person to exchange or redeem chips for\nanything whatsoever, except for currency, negotiable personal checks,\nnegotiable counter checks, other chips, coupons, slot vouchers or\ncomplimentary vouchers distributed by the gaming facility licensee, or,\nif authorized by regulation of the commission, a valid charge to a\ncredit or debit card account. A gaming facility licensee shall, upon the\nrequest of any person, redeem that licensee's gaming chips surrendered\nby that person in any amount over one hundred dollars with a check drawn\nupon the licensee's account at any banking institution in this state and\nmade payable to that person.\n  10. It shall be unlawful for any gaming facility licensee or its\nagents or employees to employ, contract with, or use any shill or barker\nto induce any person to enter a gaming facility or play at any game or\nfor any purpose whatsoever.\n  11. It shall be unlawful for a dealer in any authorized game in which\ncards are dealt to deal cards by hand or other than from a device\nspecifically designed for that purpose, unless otherwise permitted by\nthe rules of the commission.\n
N.Y. SOS Law § 410-J — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-J
Transfer of real property
Status: in_force

§ 410-j.  Transfer of real property.  Notwithstanding any requirement\nof law to the contrary or any provision of any general, special or local\nlaw, charter or ordinance, every executor, administrator, trustee,\nguardian or other person holding trust funds or acting in a fiduciary\ncapacity, unless the instrument under which such fiduciary is acting\nexpressly forbids, and the state, its subdivisions, municipalities, all\nother public bodies, all public officers, persons, partnerships and\ncorporations owning or holding any real property, may grant, sell, lease\nor otherwise transfer any such real property or interest therein to an\neligible borrower and receive and hold any cash, exchange therefor by\nsuch an eligible borrower and may execute such instruments and do such\nacts as may be deemed necessary or desirable by them or it and by the\neligible borrower in connection with a project or projects and such\nsale, lease or transfer may be made without public auction or bidding;\nproviding, however, that where such real property is within an urban\nrenewal area the disposition thereof shall be in accordance with the\nprovisions of paragraph (d) of subdivision two of section five hundred\nseven of the general municipal law.\n
N.Y. SOS Law § 410-CCC — New York Code / Act SOS / Article 6 / Title 5 / Section 410-CCC
Child day care facility development
Status: in_force

§ 410-ccc. Child day care facility development. 1. Notwithstanding any\nother provision of law, of the moneys appropriated to the department in\nsection one of chapter fifty-four of the laws of nineteen hundred\nninety-four, enacting the capital projects budget, four million seven\nhundred fifty thousand dollars shall be available as follows: seven\nhundred fifty thousand dollars for child care project development grants\nand related administrative expenses; the remaining four million dollars\nshall be available for the child care facilities construction program as\ndefined in section sixteen-g of the urban development corporation act;\nof this amount, no less than three million dollars shall be available\nfor child care construction grants and related administrative expenses\nand any remaining funds may be available for child care construction\nrevolving loans and loan guarantees, and related administrative\nexpenses. The amounts available for the child care facilities\nconstruction program, as defined in section sixteen-g of the urban\ndevelopment corporation act, shall be suballocated to the urban\ndevelopment corporation pursuant to this section.\n  Up to five percent of the moneys available pursuant to this\nsubdivision may be used for payments to the department or other state\nagencies or authorities, and the urban development corporation for\nadministrative expenses required to develop requests for proposals and\nto approve contracts for child care construction projects pursuant to\nthis section and/or section sixteen-g of the urban development\ncorporation act. The director of the division of the budget shall\napprove such payments.\n  2. Child care project development grants. The department shall develop\na request for proposals to provide grants to not-for-profit\norganizations, including, but not limited to, child care resource and\nreferral programs, local development corporations, neighborhood\npreservation companies and rural preservation companies as defined in\nsection nine hundred two of the private housing finance law, to support\npre-development planning, management, and coordination of activities,\nleading to the development of child day care centers in under-served\nareas meeting the needs of low-income working families. Such activities\nmay include: (a) design studies and services and other development or\nredevelopment work in connection with the design and development of\nchild day care centers; and (b) studies, surveys or reports, including\npreliminary planning studies to assess a particular site or sites or\nfacility or facilities for the development of child day care centers.\n  (c) In determining grants to be awarded, the department shall consider\nthe following: (i) that a not-for-profit organization applying for a\ngrant under this subdivision is a bonafide organization which shall have\ndemonstrated by its immediate past and current activities its ability to\nlead or to assist in the development of projects, such as child day care\ncenters meeting the needs of low-income families; (ii) the need for day\ncare centers in the area; (iii) the potential viability for a child day\ncare center to succeed in the area; and (iv) such other matters as the\ndepartment determines necessary.\n  (d) Grants shall be awarded to eligible entities where the department\nidentifies an insufficient supply of child day care programs. Grants\nawarded pursuant to the request for proposals shall not exceed\nseventy-five thousand dollars per project.\n  3. Child care construction grants. (a) The child care construction\ngrants awarded pursuant to this section and section sixteen-g of the\nurban development corporation act shall be available for not-for-profit\nchild care facilities construction projects owned or to be owned by\nnot-for-profit corporations for use as child day care centers that will\nbe duly approved, licensed, inspected, supervised, and regulated as may\nbe determined to be necessary and appropriate by the department, except\nthat with respect to child day care centers located in the city of New\nYork, such child day care centers will be duly approved, licensed,\ninspected, supervised, and regulated as may be determined to be\nnecessary and appropriate by the commissioner of the department of\nhealth of the city of New York.\n  (b) Grants shall be made through contracts to not-for-profit\ncorporations for child care facilities construction projects pursuant to\na request for proposal process jointly developed by the department and\nthe urban development corporation in consultation with the department of\neconomic development. The department shall receive, initially review,\nand assess applications to determine which projects should be referred\nto the urban development corporation and to rank by groups, the referred\nprojects according to the capacity of such projects to meet identified\nneeds for child day care. In assessing such applications, the department\nshall consider: (i) the need for day care services in the area; (ii) the\npotential viability for a child day care center to succeed in the area;\n(iii) the qualifications of the proposed provider to operate a child\ncare center; (iv) the potential for meeting applicable regulatory\nrequirements; (v) the appropriateness of the site for licensing as a day\ncare center and (vi) such other matters as the department determines\nnecessary.\n  (c) Upon the timely completion of the department's initial review and\nselection of applications meeting criteria, the department shall\nimmediately submit such selected applications and the group rankings of\nsuch applications to the urban development corporation which, in\nconsultation with the department of economic development, shall select\naward recipients. No later than upon submission of the selected\napplications, the department shall also suballocate all moneys\nappropriated for such purposes to such corporation.\n  4. Programs conducted pursuant to this section of law are limited to\nthe amounts appropriated therefor.\n
N.Y. RPT Law § 499-NNNN — New York Code / Act RPT / Article 4 / Title 5 / Section 499-NNNN
Equalization rate
Status: in_force

* § 499-nnnn. Equalization rate. In determining assessment ceilings,\nthe commissioner shall apply the final state equalization rate used for\nthe local assessing jurisdiction on the assessment roll for the year\nimmediately preceding the year in which the assessment ceiling is being\nestablished, except that (1) if a special equalization rate was\nestablished for such assessment roll, such rate shall be applied, and\n(2) in the case of a special assessing unit as defined in section\neighteen hundred one of this chapter, the equalization rate to be\napplied shall be the applicable class equalization rate used on such\nassessment roll.\n  * NB Repealed January 1, 2031\n
N.Y. ENV Law § 11-0529 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0529
Cats hunting birds; dogs pursuing deer or killing other wildlife in certain areas
Status: in_force

§ 11-0529. Cats hunting birds; dogs pursuing deer or killing other\n             wildlife in certain areas.\n  1. Any person over the age of twenty-one years possessing a hunting\nlicense may, and environmental conservation officers and peace officers,\nacting pursuant to their special duties, or police officers shall\nhumanely destroy cats at large found hunting or killing any protected\nwild bird or with a dead bird of any protected species in its\npossession.\n  2. Every environmental conservation officer, forest ranger and member\nof the state police may kill any dog (a) pursuing or killing deer within\nthe Adirondack or Catskill parks, at any time; (b) pursuing or killing\nany game or wildlife on a state-owned game farm or wildlife refuge; or\n(c) pursuing or killing any game or wildlife on a state-owned or leased\nwildlife management area, except a dog being legally used for hunting\nsmall game or for dog training.\n  3. Every park patrolman, park ranger and member of the state police,\ncounty police and town police may kill any dog pursuing or killing deer\nwithin any state park or state park reservation at any time.\n  4. At any time (a) any environmental conservation officer, dog warden,\nforest ranger or member of the state police, anywhere in the state, (b)\nany member of any town police within the limits of the town of which\nsuch member is an officer, (c) any member of the Westchester County\nParkway police on any park, parkway or reservation owned or controlled\nby the county of Westchester or (d) any member of a police force or\ndepartment of any county, city, town or village in which such member has\njurisdiction and is regularly employed may kill any dog pursuing or\nkilling deer and any coyote killing a domestic animal.\n  5. No action for damages shall lie against any authorized person for\nthe killing of a cat, dog or coyote as provided in this section.\n
N.Y. ENV Law § 21-0521 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0521
Financial examination
Status: in_force

§ 21-0521. Financial examination.\n  The Comptroller of the state of New York is hereby authorized and\nempowered, from time to time, to examine the accounts and books of the\ncommission including its receipts, disbursements and such other items\nreferring to its financial standing as such Comptroller may deem proper\nand to report the results of such examination to the Governor of such\nstate.\n
N.Y. ENV Law § 11-0514 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0514
Eurasian boars prohibited
Status: in_force

§ 11-0514. Eurasian boars prohibited.\n  1. For purposes of this section, "Eurasian boar" shall mean any\nsubspecies, breed, or hybrid of swine recognized as Eurasian boar,\nRussian boar, wild boar, wild hog, razorback, or feral swine. "Eurasian\nboar" shall not include domestic pigs (sus scrofa domestica) possessed\nfor meat production or as pets, or animals possessed or owned by a\nzoological park accredited by the Association of Zoos and Aquariums.\n  2. No person, firm, partnership, corporation, or government entity\nshall knowingly import, allow to breed, or introduce into the wild\nEurasian boars.\n  3. Beginning September first, two thousand fifteen, no person, firm,\npartnership, corporation or government entity shall knowingly possess,\nsell, offer for sale, distribute, transport, or otherwise market or\ntrade live Eurasian boars.\n  4. The department may adopt rules and regulations necessary to\nimplement and administer this section.\n
N.Y. LAB Law § 310 — New York Code / Act LAB / Article 11 / Title 5 / Section 310
Foundries
Status: in_force

§ 310. Foundries. Foundries shall conform to the provisions of this\nchapter relating to factories and also to the following requirements:\n  1. Entrances and windows shall be constructed and maintained so as to\nminimize drafts.\n  2. Gangways shall be constructed and maintained of sufficient width to\nmake the use thereof by employees reasonably safe and shall not be\nobstructed during the progress of casting.\n  3. Smoke, steam or gases generated in foundries shall be effectively\nremoved therefrom in accordance with rules adopted by the board. The\nmilling and cleaning of castings and the milling of cupola cinders shall\nbe done under such conditions to be prescribed by the rules of the board\nas will adequately protect the employees from dust. The use of heaters\ndischarging smoke or gas into the work rooms is prohibited except that\nopen fires may be used under conditions prescribed by the board in its\nrules. Suitable provision shall be made for drying the working clothes\nof employees.\n  4. All apparatus, tools, implements and equipment shall be kept in\nproper condition and repair.\n  5. A first aid kit shall be provided for the use of employees in case\nof burns or accidents.\n  6. Where ten or more persons are employed (a) there shall be provided\nsuitable and convenient wash rooms adequately equipped with hot and cold\nwater. Such wash rooms shall be kept clean and properly heated. (b)\nLockers shall be provided for the employees' clothing. (c) If outside\nwatercloset or privy accommodations are permitted by rules of the board,\nthey shall be properly heated and the passageway leading from the\nfoundry thereto shall be so constructed and protected that employees\nusing the passageway shall not be exposed to the outdoor atmosphere.\n
N.Y. PBH Law § 3365-A — New York Code / Act PBH / Article 33 / Title 5-A / Section 3365-A
Expedited registration of registered organizations
Status: in_force

* § 3365-a. Expedited registration of registered organizations. 1.\nThere is hereby established in the department an emergency medical\nmarihuana access program (referred to in this section as the "program")\nunder this section. The purpose of the program is to expedite the\navailability of medical marihuana to avoid suffering and loss of life,\nduring the period before full implementation of and production under\nthis title, especially in the case of patients whose serious condition\nis progressive and degenerative or is such that delay in the patient's\nmedical use of marihuana poses a serious risk to the patient's life or\nhealth. The commissioner shall implement the program as expeditiously as\npracticable, including by emergency regulation.\n  2. The department shall begin accepting and acting on applications\nunder this section for registered organizations as soon as practicable\nafter the effective date of this section.\n  3. For the purposes of this section, and for specified limited times,\nthe commissioner may waive or modify the requirements of this article\nrelating to registered organizations, consistent with the legislative\nintent and purpose of this title and this section. Where an entity\nseeking to be a registered organization under the program operates in a\njurisdiction other than the state of New York, under licensure or other\ngovernmental recognition of that jurisdiction, and the laws of that\njurisdiction are acceptable to the commissioner as consistent with the\nlegislative intent and purpose of this title and this section, then the\ncommissioner may accept that licensure or recognition as wholly or\npartially satisfying the requirements of this title, for purposes of the\nregistration and operation of the registered organization under the\nprogram and this section.\n  4. In considering an application for registration as a registered\norganization under this section, the commissioner shall give preference\nto the following:\n  (a) an applicant that is currently producing or providing or has a\nhistory of producing or providing medical marihuana in another\njurisdiction in full compliance with the laws of the jurisdiction;\n  (b) an applicant that is able and qualified to both produce,\ndistribute, and dispense medical marihuana to patients expeditiously;\n  (c) an applicant that proposes a location or locations for dispensing\nby the registered organization, which ensure, to the greatest extent\npossible, that certified patients with a special certification have\naccess to a registered organization.\n  5. The commissioner may make regulations under this section:\n  (a) limiting registered organizations registered under this section to\nserving patients with special certifications;\n  (b) limiting the allowable levels of cannabidiol and\ntetrahydrocannabinol that may be contained in medical marihuana\nauthorized under the program, based on therapeutics and patient safety.\n  6. A registered organization under this section may apply under\nsection thirty-three hundred sixty-five of this title to receive or\nrenew registration.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. RPT Law § 990 — New York Code / Act RPT / Article 9 / Title 5 / Section 990
Supplementary proceedings to collect taxes
Status: in_force

§ 990. Supplementary proceedings to collect taxes. 1. If a tax\nexceeding ten dollars is returned by the proper collecting officer\nuncollected, the enforcing officer may within one year thereafter, or at\nsuch time as may otherwise be prescribed by law, apply to the court for\nthe institution of proceedings supplementary to execution, as upon a\njudgment docketed in such county, for the purpose of collecting such tax\nand fees with interest and other charges thereon.\n  2. Such proceedings may be taken against a corporation, and the same\nproceedings may be had in all respects for the collection of taxes owed\nby it as for the collection of a judgment by proceedings supplementary\nto execution against a natural person, and the same costs and\ndisbursements may be allowed against the person or corporation examined\nas in such supplementary proceedings but none shall be allowed in his,\nhers, or its favor.\n  3. The tax, if collected in such proceeding, shall be paid to the\nenforcing officer of the municipal corporation for which the enforcing\nofficer enforces the collection of delinquent taxes, or if the enforcing\nofficer is not authorized to receive payments of delinquent taxes, to\nthe official who is so authorized.  The costs and disbursements\ncollected shall belong to the party instituting the proceedings, and\nshall be applied to the payment of the expense of such proceeding.\n  4. For purposes of this section, the terms "charges" and "enforcing\nofficer" shall have the meanings set forth in article eleven of this\nchapter.\n
N.Y. VAT Law § 509-L — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-L
Drugs, controlled substances and intoxicating liquor
Status: in_force

§ 509-l. Drugs, controlled substances and intoxicating liquor. 1. No\nperson shall:\n  (a) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content, or be under the influence of an\nintoxicating liquor or drug, within six hours before going on duty or\noperating, or having physical control of a bus, or\n  (b) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content while on duty, or operating, or in\nphysical control of a bus, or\n  (c) possess a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content while on duty, operating or in\nphysical control of a bus. However, this paragraph does not apply to\npossession of a drug, controlled substance or an intoxicating liquor\nwhich is transported as part of a shipment or personal effects of a\npassenger or to alcoholic beverages which are in sealed containers.\n  2. No motor carrier shall require or permit a driver to:\n  (a) violate any provision of subdivision one of this section; or\n  (b) be on duty or operate a bus if, by such person's general\nappearance or by such person's conduct or by other substantiating\nevidence, such person appears to have consumed a drug, controlled\nsubstance or an intoxicating liquor within the preceding six hours, or\neight hours when such driver operates a school bus as defined by section\none hundred forty-two of this chapter.\n
N.Y. PBA Law § 3605 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3605
General powers of the corporation
Status: in_force

§ 3605. General powers of the corporation. Except as limited by this\ntitle, the public health law, the mental hygiene law, the social\nservices law, the education law or any other applicable law or\nregulation, the corporation shall have power:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to borrow money and issue bonds for any of its corporate purposes\nor its projects, or to refund the same, and to provide for the rights of\nthe holders thereof;\n  4. to make and alter by-laws for its organization and management, and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and the fulfillment of\nits purposes under this title;\n  5. (a) to acquire by purchase, grant, lease, gift, or otherwise and to\nhold and use property necessary, convenient or desirable to carry out\nits corporate purposes, and to sell, convey, mortgage, lease, pledge,\nexchange or otherwise dispose of any such property in such manner as the\ncorporation shall determine;\n  (b) to acquire by condemnation pursuant to the provisions of the\neminent domain procedures law any real property within the towns\nrequired by the corporation to carry out the powers granted by this\ntitle with the approval of both of the governing boards of the towns;\n  6. to acquire, construct, lease, expand, improve, maintain, equip,\nfurnish, operate one or more projects and, if necessary, to pay or\nfinance the cost thereof;\n  7. to accept gifts, grants, loans or contributions of funds or\nproperty or financial or other aid in any form from, and enter into\ncontracts or other transactions with, the federal government, the state\nor any public corporation or any other source, and to use any such\ngifts, grants, loans or contributions for any of its corporate purposes;\n  8. to grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\ncorporation may deem desirable;\n  9. to designate the depositories of its money;\n  10. to establish its fiscal year;\n  11. to enter into contracts and to execute all instruments necessary\nor convenient or desirable for the purposes of the corporation to carry\nout any powers expressly given to it in this title;\n  12. to appoint such officers, employees and agents as the corporation\nmay require for the performance of its duties and to fix and determine\ntheir qualifications, duties, and compensation subject to the provisions\nof the civil service law, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional, management or technical services and advice;\n  13. to use employees, agents, consultants and facilities of the towns,\npaying such towns their agreed proportion of the compensation or costs\npursuant to an agreement with the towns;\n  14. to make and adopt plans, surveys and studies necessary, convenient\nor desirable to the effectuation of the purposes and powers of the\ncorporation and to prepare recommendations in regard thereto;\n  15. except as limited by state law or regulation, to fix and collect\nrates, rentals, fees and other charges for the services rendered by or\nfor use of the facilities or in the exercise of the powers of the\ncorporation;\n  16. to enter upon such lands, waters or premises as in the judgment of\nthe corporation may be necessary, convenient or desirable for the\npurpose of making surveys, soundings, borings and examinations to\naccomplish any purpose authorized by this title, the corporation being\nliable for actual damage done;\n  17. the corporation may covenant and consent that the interest on any\nof its bonds or notes issued pursuant to this title shall be includable,\nunder the United States Internal Revenue Code of 1986, as amended (the\n"code") or any subsequent corresponding internal revenue law of the\nUnited States, in gross income of the holders of the bonds or notes to\nthe same extent and in the same manner that the interest on bills,\nbonds, notes or other obligations of the United States is includable in\nthe gross income of the holders thereof under the code or any such\nsubsequent law;\n  18. to insure or otherwise to provide for the insurance of the\ncorporation's property or operations and also contract against such\nother risks as the corporation may deem advisable; and\n  19. to do all things necessary, convenient or desirable, including\nancillary and incidental activities, to carry out its purposes and for\nthe exercise of the powers granted in this title.\n
N.Y. EDN Law § 3713 — New York Code / Act EDN / Title 5 / Article 75 / Section 3713
Acceptance of funds appropriated by federal government
Status: in_force

§ 3713.  Acceptance of funds appropriated by federal government.  1.\nThe state, any school district or its trustees or board of education is\nhereby authorized and empowered to accept the provisions of any law of\nthe United States making appropriations for the purpose of defraying the\ncost of providing the public education, the cost of planning and\nconstructing public school facilities or any other educational purpose.\n  2. The commissioner of education, hereby designated as the state\neducational agency, is authorized and empowered to cooperate with such\nagency as the federal government shall designate to carry out the\nprovisions of such law.\n  3. The commissioner of taxation and finance and the state comptroller\nare appointed as joint custodians of all money given to the state by the\nUnited States under the authority of such law, and such money shall be\npaid out in the manner provided by such act for the purposes therein\nspecified.\n
N.Y. VAT Law § 501-B — New York Code / Act VAT / Title 5 / Article 19 / Section 501-B
Additional restrictions on certain learners' permits and drivers' licenses
Status: in_force

§ 501-b. Additional restrictions on certain learners' permits and\ndrivers' licenses. 1. In addition to the restrictions contained in\nsubdivision five of section five hundred one of this article, no holder\nof a class DJ or class MJ learner's permit shall:\n  (a) operate a motor vehicle with any front seat occupants other than\nthe supervising driver;\n  (b) operate a motor vehicle unless every occupant of such vehicle is\nproperly restrained by a safety belt or child safety seat in accordance\nwith the provisions of subdivision three-a of section twelve hundred\ntwenty-nine-c of this chapter;\n  (c) operate a motor vehicle with more than one passenger who is under\nthe age of twenty-one and who is not a member of such holder's immediate\nfamily, provided, however, that the provisions of this paragraph shall\nnot apply when such holder is accompanied by a duly licensed parent,\nguardian, person in a position of loco parentis, driver education\nteacher or driving school instructor;\n  (d) be eligible for issuance of a class DJ, MJ, D or M license unless\nsuch permit has been valid for at least six months. Any time period in\nwhich such class DJ or MJ learner's permit has been suspended or revoked\nshall not be counted in determining the length of time that such\nlearner's permit has been valid.\n  2. In addition to the restrictions contained in subdivision three of\nsection five hundred one of this article, no holder of a class DJ or\nclass MJ license shall operate a motor vehicle:\n  (a) unless every occupant of such vehicle is properly restrained by a\nsafety belt or child safety seat in accordance with the provisions of\nsubdivision three-a of section twelve hundred twenty-nine-c of this\nchapter; and\n  (b) with more than one passenger who is under the age of twenty-one\nand who is not a member of such holder's immediate family, provided,\nhowever, that the provisions of this paragraph shall not apply when such\nholder is accompanied by a duly licensed parent, guardian, person in a\nposition of loco parentis, driver education teacher or driving school\ninstructor.\n
N.Y. RPT Law § 499-IIII — New York Code / Act RPT / Article 4 / Title 5 / Section 499-IIII
Annual fee
Status: in_force

* § 499-iiii. Annual fee. Any costs and expenses incurred by the\ncommissioner in the establishment of assessment ceilings for local\npublic utility mass real property shall be paid from the collection of\nan annual charge upon the owners of local public utility mass real\nproperty. The commissioner shall provide by rule for computation of such\ncharge through the apportionment of these costs and expenses to owners\nof local public utility mass real property in relation to the total full\nvalue of the local public utility mass real property eligible for an\nassessment ceiling pursuant to this title. Prior to collecting payment\nof such charges, the commissioner shall annually provide a detailed\nreport to each owner of local public utility mass real property\nidentifying costs related to establishment of assessment ceilings,\nincluding, but not limited to, expenditures, revenue sources and any\nallocations. The charges established pursuant to this section shall be\nsubject to the approval of the director of the budget. Each owner of\nlocal public utility mass real property shall be authorized to challenge\nany such charges pursuant to article seventy-eight of the civil practice\nlaw and rules.\n  * NB Repealed January 1, 2031\n
N.Y. ELN Law § 8-500 — New York Code / Act ELN / Article 8 / Title 5 / Section 8-500
Watchers; provision for
Status: in_force

§ 8-500. Watchers; provision for. 1. At any general, special, town or\nvillage election, any party committee, any independent body whose\ncandidates are upon the ballot, and any political committee supporting\nor opposing a ballot proposal may have for each election district three\nwatchers at any one time, not more than one of whom may be within the\nguard rail at any one time. Watchers shall be appointed by the chair or\nother officer of any such party committee, independent body or political\ncommittee.\n  2. At any primary election, any party committee and any candidate on\nthe ballot may have for each election district three watchers at any one\ntime, not more than one of whom may be within the guard rail at any one\ntime. Watchers shall be appointed by the chair or other officer of any\nsuch party committee or by any candidate.\n  3. Watchers may be present at the polling place at least fifteen\nminutes before the unlocking and examination of any voting machine or\nballot box at the opening of the polls, until after the signing of the\ninspectors' returns and proclamation of the result.\n  4. The appointment of watchers for any election shall be by a\ncertificate in writing issued by the appointing authority. Such\ncertificate shall be delivered to an inspector at the election district.\n  5. Each watcher must be a qualified voter of the city or county in\nwhich he or she is to serve; provided, however, a qualified voter who is\na New York state resident and is licensed to practice law therein may\nserve as a watcher at any polling place. No person shall be appointed or\nact as a watcher who is a candidate for any public office to be voted\nfor by the voters of the election district in the same election in which\nthe watcher is to serve. Nothing in this subdivision shall be construed\nas prohibiting any such candidate from visiting a polling place in such\ndistrict on an election day while the polls are open.\n
N.Y. RPT Law § 992 — New York Code / Act RPT / Article 9 / Title 5 / Section 992
Action for sequestration
Status: in_force

§ 992. Action for sequestration. 1. Notwithstanding any provisions of\na county tax act to the contrary, it shall be the duty of the attorney\ngeneral, upon being informed by the county treasurer of any county\nhaving a population of one hundred thousand or less that any corporation\nrefuses or neglects to pay the taxes imposed upon it pursuant to this\nchapter, to bring an action in the supreme court for the sequestration\nof the property of such corporation.\n  2. Whenever any corporation refuses or neglects to pay the taxes\nimposed upon it pursuant to this chapter, the chief fiscal or legal\nofficer of a municipal corporation having a population in excess of one\nhundred thousand empowered to enforce the collection of delinquent taxes\nto whom said taxes are due and owing may bring an action in the supreme\ncourt for the sequestration of the property of such corporation.\n  3. The court may sequestrate the property of such corporation for the\npurpose of satisfying taxes in arrears, and may in its discretion enjoin\nsuch corporation from further proceedings under its charter until such\ntax and the costs incurred in the action have been paid.  The attorney\ngeneral or the chief fiscal or legal officer of a county having a\npopulation in excess of one hundred thousand to whom such tax is owing,\nwhichever official has initiated the action for sequestration may\nrecover such tax with costs from such delinquent corporation by action\nin any court of record.\n  4. The attorney general may, at his or her own discretion, also assume\nthe authority of this section upon the joint request of the chief fiscal\nofficer and legal officer of the municipal corporation having a\npopulation in excess of one hundred thousand empowered to enforce the\ncollection of delinquent taxes in which such real property is located.\nSuch request must attest that the unpaid taxes were levied no earlier\nthan four years prior to such request, and that (i) such action by\neither the chief fiscal officer or chief legal officer would constitute\na conflict of interest, or (ii) the real property subject to such action\nis part of a system which provides water or sanitary sewerage services\nto property owners and the rates for such services are regulated by the\npublic service commission. In the event that the attorney general\nassumes the authority of this section following such request, all\nexpenses incurred by the attorney general, including the salary or other\ncompensation of all deputies employed, shall be a charge against the\nmunicipal corporation having a population in excess of one hundred\nthousand making such request, provided, however, that in no event shall\nsuch charges payable to the attorney general exceed the amount of unpaid\ntaxes actually recovered pursuant to this section.\n
N.Y. PBA Law § 1110 — New York Code / Act PBA / Article 5 / Title 5 / Section 1110
Audit of authority; annual report
Status: in_force

§ 1110. Audit of authority; annual report. In conformity with the\nprovisions of section five of article ten of the constitution, the\naccounts of the authority shall be subject to the supervision of the\nstate comptroller and such state comptroller and his legally authorized\nrepresentatives are hereby authorized and empowered from time to time to\nexamine the accounts and the books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other matters relating to its financial standing. The authority\nshall annually submit to the governor and to the legislature a detailed\nreport pursuant to the provisions of section twenty-eight hundred of\nthis chapter.\n
N.Y. EDN Law § 3650-A — New York Code / Act EDN / Title 5 / Article 73 / Part 5 / Section 3650-A
State comprehensive school bus driver safety training council
Status: in_force

§ 3650-a. State comprehensive school bus driver safety training\ncouncil. 1. There is hereby created and established in the department of\neducation a council, to be known as the state comprehensive school bus\ndriver safety training council.  The council shall advise and assist the\ncommissioner in the development and updating of the school bus driver\nsafety training program and such other related matters as the council\nand commissioner shall deem appropriate.  Such council shall consist of\nthe commissioner of education as chair, the superintendent of state\npolice, the commissioner of transportation and the commissioner of motor\nvehicles and eight other members to be appointed by the governor\nincluding the following:\n  a. Two members to be appointed upon the recommendation of the speaker\nof the assembly.\n  b. Two members to be appointed upon the recommendation of the\ntemporary president of the senate.\n  c. One member to be appointed upon the recommendation of the minority\nleader of the assembly.\n  d. One member to be appointed upon the recommendation of the minority\nleader of the senate.\n  2. The members of the council, other than the ex officio members,\nshall serve for terms of two years. Such terms shall coincide with the\nelection of the members of the state legislature and shall commence on\nthe fifteenth day of January. Vacancies shall be filled for unexpired\nterms in the same manner as the original appointments.\n  3. The council shall meet at least semi-annually at the call of the\nchair. Additional meetings may be called upon at least five days notice\nby the chair or by petition of five members of the council.\n  4. No member of the council shall be disqualified from holding any\nother public office, nor shall employment be forfeited by reason of the\nmember's appointment hereunder, notwithstanding the provisions of any\ngeneral, special or local law, ordinance, county or city charter.\n  5. Each member of the council shall receive reimbursement for actual\nand necessary expenses incurred in the performance of their duties.\n  6. The council shall, during its first year, consider and may make\nrecommendations on the following issues:\n  a. inclement weather procedures;\n  b. emergency school bus evacuation techniques;\n  c. safety equipment training;\n  d. promotion of public safety;\n  e. unauthorized boarding of buses; and\n  f. services for students with disabilities.\n  7. The council shall make, on or before January first of each year, an\nannual report of its activities and such recommendations as it may deem\nappropriate to the board of regents concerning school bus driver safety\ntraining programs.\n
N.Y. GOB Law § 5-519 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-519
Return of excess a bar to further penalties
Status: in_force

§ 5-519. Return of excess a bar to further penalties. Every person who\nshall repay or return the money, goods or other things so taken,\naccepted or received, or the value thereof, shall be discharged from any\nother or further forfeiture or penalty which he may have incurred under\nsections 5-511 or 5-513, by taking or receiving the money, goods or\nother thing so repaid, or returned, as aforesaid.\n
N.Y. ENV Law § 72-0502 — New York Code / Act ENV / Article 72 / Title 5 / Section 72-0502
Waste transporter program fees
Status: in_force

§ 72-0502. Waste transporter program fees.\n  1. All persons required to obtain a permit, certificate or approval\npursuant to the waste transporter permit requirements set forth in title\nthree of article twenty-seven of this chapter shall submit annually to\nthe department a fee in an amount to be determined as follows:\n  a. In the case of persons permitted pursuant to title three of article\ntwenty-seven of this chapter to transport industrial-commercial waste or\nlow-level radioactive waste:\n  (i) $500.00 for the first vehicle permitted pursuant to title three of\narticle twenty-seven of this chapter; and\n  (ii) $200.00 per each additional vehicle permitted.\n  b. In the case of all other persons:\n  (i) $250.00 for the first vehicle permitted pursuant to title three of\narticle twenty-seven of this chapter; and\n  (ii) $100.00 per each additional vehicle permitted.\n  2. All persons required to obtain a permit, certificate or approval\npursuant to the waste transporter permit requirements set forth in title\n15 of article 27 of this chapter shall submit annually to the department\na fee in the amount of five hundred dollars ($500.00) for the first\nvehicle permitted, certified or approved for the transportation of\nregulated medical waste, and two hundred dollars ($200.00) for each\nadditional vehicle so permitted, certified or approved.\n  Provided, however, that where a city or county is delegated the\nauthority to administer the state waste transporter program pursuant to\nsubdivision four of section 27-0305 of this chapter and such city or\ncounty collects a fee in connection with the issuance of a permit,\ncertificate or approval for a waste transporter, no additional liability\nfor fees under this section shall accrue.\n
N.Y. ENV Law § 11-0537 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0537
Bald and golden eagles; prohibited acts
Status: in_force

§ 11-0537. Bald and golden eagles; prohibited acts.\n  It shall be unlawful to knowingly or with wanton disregard for the\nconsequences of this act to take, possess, sell, purchase, barter, offer\nto sell, purchase or barter, transport, export or import, at any time or\nin any manner, any bald eagle commonly known as the American eagle, or\nany golden eagle, alive or dead, or any part, nest, or egg thereof of\nthe foregoing eagles without a permit from a lawful authority.\n
N.Y. PBA Law § 1114-M — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-M
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

* § 1114-m. Exemption from taxes, assessments and certain fees;\npayments in lieu of taxes. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the state and is a public\npurpose, and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf.\n  2. The authority may pay, or may enter into agreements with any\nmunicipality to pay, a sum or sums annually or otherwise or to provide\nother considerations to such municipality with respect to real property\nowned by the authority located within such municipality and constituting\na part of its water system.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and all activities of\nthe authority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, income taxes, franchise taxes,\nsales taxes or other excise taxes.\n  4. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be exempt from such\ntaxation, as stated in subdivision three of this section, and that all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from such taxes as stated in such\nsubdivision.\n  5. Notwithstanding the provisions of subdivisions one, two, three and\nfour of this section, nothing herein shall prevent the state from\nassessing a tax or surcharge against the water customers based on their\nwater consumption, provided, however, that all such taxes and surcharges\nand the authority's obligation to collect and pay such taxes and\nsurcharges shall be subordinate to the rights of holders of all of the\nauthority's bonds and notes and to the payment of principal, premiums if\nany, and interest thereon.\n  * NB There are 2 § 1114-m's\n
N.Y. ENV Law § 13-0503 — New York Code / Act ENV / Article 13 / Title 5 / Section 13-0503
Marine and coastal district of New York conservation, education, and research board
Status: in_force

§ 13-0503. Marine and coastal district of New York conservation,\n               education, and research board.\n  1. There is hereby established in the department the marine and\ncoastal district of New York conservation, education, and research board\nto be composed of three members, one of whom shall be appointed by the\ngovernor, one of whom shall be appointed by the temporary president of\nthe senate, and one of whom shall be appointed by the speaker of the\nassembly. Each appointing official shall also appoint an alternate who\nmay serve in the place of the member appointed by such appointing\nofficial. A member or alternate member of the board shall serve at the\npleasure of the official by whom he or she is appointed. The members of\nthe board shall choose their chairperson.\n  2. The board shall have the power and duty to: (a) receive and review,\nand to approve or deny, applications from eligible recipients for grants\nfrom the marine and coastal district of New York conservation,\neducation, and research fund, created pursuant to section ninety-five-c\nof the state finance law, for conservation, research, and education\nprojects relating to such marine and coastal district. Approval of any\nsuch proposed project may be granted only by unanimous vote of all three\nmembers of the board. In the event a member of the board is unable to\nvote, the alternate for such member may vote in his or her place;\n  (b) make by-laws for the management of its affairs and to do all\nthings necessary or convenient to carry out the powers expressly given\nin this title;\n  (c) review the allocations and expenditures of the department related\nto the marine resources account. To assist the board in its review, the\ndepartment shall by September first of each year make available to the\nboard, the governor and the legislature current and anticipated income\nand expenditures for the account, including planned expenditures by time\nand activity code for the next fiscal year; and\n  (d) consult with marine fish and wildlife interests and render annual\nreports to the commissioner on fiscal needs and make recommendations on\nexpenditures and how such needs shall be met.\n  3. The board shall meet at least two times a year, at the request of\nthe chairperson.\n  4. The members of the board and alternate members shall receive no\ncompensation for their services, but shall be entitled to reimbursement\nfor actual and necessary expenses incurred in the performance of their\nofficial duties pursuant to this section.\n
N.Y. PBA Law § 1106 — New York Code / Act PBA / Article 5 / Title 5 / Section 1106
Tax contract by the state
Status: in_force

§ 1106. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes\nthat the bonds and notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes, shall at all times be\nfree from taxation except for transfer and estate taxes.\n
N.Y. VAT Law § 518 — New York Code / Act VAT / Title 5 / Article 20 / Section 518
Reciprocal agreements concerning suspension or revocation of registration of a motor vehicle for violations of toll collection regulations
Status: in_force

§ 518. Reciprocal agreements concerning suspension or revocation of\nregistration of a motor vehicle for violations of toll collection\nregulations. a. The commissioner may execute a reciprocal compact or\nagreement regarding toll collection violations with the motor vehicle\nadministrator or other authorized official of another state not\ninconsistent with the provisions of this chapter. Such compact or\nagreement shall provide that if a registration of a motor vehicle would\nbe suspended or revoked pursuant to paragraph d of subdivision three of\nsection five hundred ten of this chapter, or pursuant to a comparable\nlaw or regulation of another state, because a registrant of such motor\nvehicle failed to pay tolls and related fees, or have such tolls or fees\ndismissed or transferred, then the state issuing the registration shall\nlikewise suspend or revoke the registration or bar renewal of such\nregistration, until such registrant has paid such tolls and fees or\ncomplied with the rules and regulations of the tolling authority that\nimposed such tolls and fees. Such compact or agreement shall also\nprovide that no such action by a state against a motor vehicle\nregistration shall be taken pursuant to such compact or agreement unless\nthe tolling authority in the other state provides notice, due process,\nan opportunity to be heard and appeal protections for registrants of\nmotor vehicles, and allows motor vehicle registrants in this state to\npresent evidence by mail, telephone, electronic means or other means to\ninvoke rights of due process without having to appear personally in the\njurisdiction where the violations occurred.\n  b. Such compact or agreement shall also provide such terms and\nprocedures as are necessary and proper to facilitate its administration.\nAny such compact or agreement shall specify the violations subject to\nthe compact or agreement, and shall include a determination of\ncomparable violations in each state if any such violations are of a\nsubstantially similar nature but are not denominated or described in\nprecisely the same words in each party state.\n  c. The word "state" when used in this section shall mean any state,\nterritory, a possession of the United States, the District of Columbia\nor any province of Canada.\n
N.Y. VAT Law § 523-A — New York Code / Act VAT / Title 5 / Article 21 / Section 523-A
Driver improvement clinic programs
Status: in_force

§ 523-a. Driver improvement clinic programs. In addition to the driver\nrehabilitation program authorized by section eleven hundred ninety-six\nof this chapter, the commissioner may establish, by regulation,\nguidelines for alcohol and highway safety programs. The purpose of such\nprograms should be to inform participants of the effects of alcohol on\ndriving, to discuss problem drinking and its effects, to provide\nassistance to individuals with referral to alcoholism treatment agencies\nand to provide instruction with respect to proper driving techniques and\ndriver attitude. The commissioner shall establish criteria for requiring\nattendance at such clinics, and may, pending attendance at such clinic,\nsuspend the driver's license or privilege of any person who fails to\nattend such clinic as required by such regulations. Such criteria may\nprovide for the required attendance at such clinic of any person who, as\na result of the conviction for a moving traffic violation, is referred\nby the trial court for such attendance. The commissioner shall establish\na fee to be paid by any person who attends any such program. Such fee\nshall be used to defray the ongoing expenses of the program. Where the\ncommissioner has approved any driver improvement program conducted by\nlocal authorities, any such fee shall be paid to the agency conducting\nsuch program.\n
N.Y. SOS Law § 193 — New York Code / Act SOS / Article 5 / Title 5 / Section 193
Public homes
Status: in_force

§ 193. Public homes. 1. Each public welfare district may establish and\nmaintain a public home, which may include an infirmary for the care of\nchronically sick patients in addition to facilities for the care of\nacutely ill patients, and may operate a farm in connection therewith, or\nmay contract with another public welfare district for the care and\nmaintenance of persons in need of institutional care who are unable to\npay for such care. If facilities are available in a public home the\ncommissioner of public welfare may establish regulations authorizing the\nadmission and care therein of persons in need of institutional care who\nare able and willing to pay, in whole or in part for such care and\nprescribing the conditions under which such admissions may be made. A\nperson in need of institutional care who is unable to pay therefor shall\nnot be refused care in the public home operated and maintained by the\npublic welfare district in which he resides or is found, when persons\nable to pay for their care are receiving care in such home.\n  2. If the state commissioner of social welfare shall approve, a public\nwelfare district may use a building or buildings formerly used as a\ntuberculosis hospital or sanatorium, or as a part thereof, for a public\nhome, a public home infirmary or an infirmary of a public home.\n
N.Y. ENV Law § 11-0509 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0509
Water chestnut
Status: in_force

§ 11-0509. Water chestnut.\n  No person shall plant, transport, transplant or traffic in plants of\nthe water chestnut or the seeds or nuts thereof nor in any manner cause\nthe spread or growth of such plants.\n
N.Y. BNK Law § 5004 — New York Code / Act BNK / Article 15 / Title 5 / Section 5004
Consideration and payment for shares
Status: in_force

§ 5004. Consideration and payment for shares. 1. Consideration for the\nissue of shares shall consist of money or (except as otherwise required\nby subdivision a of subdivision one of section four thousand four) other\nproperty tangible or intangible, or labor or services actually received\nby or performed for the corporation or for its benefit or in its\nformation or reorganization, or a combination thereof. In the absence of\nfraud in the transaction, the judgment of the board or stockholders, as\nthe case may be, as to the value of the consideration received for\nshares shall be conclusive.\n  2. Neither obligations of the subscriber for future payments nor\nfuture services shall constitute payment or part payment for shares of a\ncorporation.\n  3. Shares may be issued for such consideration, not less than the par\nvalue thereof, as is fixed from time to time by the board.\n  4. Treasury shares may be disposed of by a corporation on such terms\nand conditions as are fixed from time to time by the board.\n  5. Upon distribution of authorized but unissued shares to\nstockholders, that part of the undivided profits or surplus of a\ncorporation which is concurrently transferred to capital stock shall be\nthe consideration for the issue of such shares.\n  6. In the event of a conversion of capital notes, debentures or shares\ninto shares, or in the event of an exchange of capital notes, debentures\nor shares for shares, the consideration for the shares so issued in\nexchange or conversion shall be the sum of (a) either the principal sum\nof, and accrued interest on, the capital notes or debentures so\nexchanged or converted, or the par value of the shares so exchanged or\nconverted, plus (b) any additional consideration paid to the corporation\nfor the new shares, plus (c) any undivided profits or surplus\ntransferred to capital stock in respect of the new shares.\n  7. Certificates for shares may not be issued until the full amount of\nthe consideration therefor has been paid.\n  8. When the consideration for shares has been paid in full, the\nsubscriber shall be entitled to all the rights and privileges of a\nholder of such shares and to a certificate representing his shares, and\nsuch shares shall be fully paid and, subject to sections one hundred\nthirteen-a, one hundred thirteen-b, one hundred fourteen, three hundred\nfive, three hundred five-a, three hundred six, three hundred twenty-two,\nthree hundred twenty-two-a and three hundred twenty-three of this\nchapter, shall be nonassessable.\n
N.Y. PBA Law § 3604 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3604
Transfer of officers and employees; civil service
Status: in_force

§ 3604. Transfer of officers and employees; civil service. 1. (a) On\nthe effective date of the transfer of the facilities and operations of\nthe Clifton-Fine Hospital pursuant to an agreement between the towns and\nthe corporation as authorized in this title, officers and employees\nemployed in the hospital by the town shall become officers and employees\nof the corporation with equivalent offices, positions and employment\ntherewith and shall be deemed public officers or public employees for\nall purposes.\n  (b) In accordance with the provisions of section seventy of the civil\nservice law, for a period not to extend beyond six months from the\neffective date of the transfer of the facilities and operations of the\nClifton-Fine Hospital pursuant to an agreement between the towns and the\ncorporation as authorized in this title, any other officer or employee\nof the towns may, at the request of the corporation and with the consent\nof the appropriate town supervisor and the officer or employee, be\ntransferred to the corporation and shall be eligible for such transfer\nand appointment, without further examination, to applicable offices,\npositions and employment under the corporation.\n  (c) Any person who, at the time he or she becomes an officer or\nemployee of the Clifton-Fine Hospital pursuant to paragraph (a) or (b)\nof this subdivision, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made except to the\nextent such rights are modified by a collective bargaining agreement.\n  (d) There shall be no layoffs of any officers or employees of the\nClifton-Fine Hospital which are a direct consequence of the enactment of\nthis title. There shall be a presumption that any layoffs occurring more\nthan twenty-four months after the effective transfer date described in\nthis subdivision shall be deemed not to be such a direct consequence.\n  (e) Nothing contained in this section shall be construed to prevent\nthe elimination of any service at any time as a result of the\nelimination of state or federal assistance, the elimination of available\nrevenue reimbursement, loss of certification or licensure, or loss of\nfinancial viability.\n  2. The salary or compensation of any such officer or employee, after\nsuch transfer, shall be paid by the corporation. The corporation shall,\nupon transfer, acknowledge and give credit for all leave balances held\nby such officers and employees on the date of transfer.\n  3. The corporation shall be subject to the civil service law. For the\npurposes of such law, any titles, upon the effective transfer date\ndescribed in subdivision one of this section, in the exempt class shall\nremain exempt.\n
N.Y. EDN Law § 3622-A — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3622-A
Aidable regular transportation
Status: in_force

§ 3622-a. Aidable regular transportation. For the computation of\ntransportation aid pursuant to the requirements of subdivision seven of\nsection thirty-six hundred two of this article and this part, aidable\nregular transportation shall include the following, provided that the\nschool district shall have voted to furnish such transportation, as\nprovided by law, or that the commissioner shall have directed that such\ntransportation be furnished; and provided further that transportation\naid shall not be paid in a case where the provision made for\ntransportation is inadequate and is disapproved by the commissioner:\n  1. Transportation of pupils to and from school once daily, provided,\nhowever, in no case shall there be any deduction made in determining\naidable regular transportation on the basis of bus mileage travelled in\ntransporting children as part of a regional or joint transportation\nsystem;\n  2. For school districts that do not maintain a high school,\ntransportation for its pupils who have completed the work of the sixth\ngrade and are receiving instruction in another district;\n  3. Out-of-district transportation designed to relieve temporary\novercrowding, subject to the approval of the commissioner;\n  4. Out-of-district transportation to nonpublic elementary or high\nschools;\n  5. Transportation of pupils during the school day to and from programs\nat a board of cooperative educational services or to or from approved\nshared programs at other school districts, which programs may lead to a\ndiploma or a high school equivalency diploma or to or from career\neducation programs operated within the district;\n  6. Transportation of pupils to and from approved summer school\nprograms operated by a school district in the two thousand--two thousand\none school year and thereafter, provided, however, that if the total\nstatewide apportionment attributable to allowable transportation\nexpenses incurred pursuant to this subdivision exceeds five million\ndollars ($5,000,000), individual school district allocations shall be\nprorated to ensure that the apportionment for such summer transportation\ndoes not exceed five million dollars ($5,000,000), provided that such\nprorated apportionment computed and payable as of September one of the\nschool year immediately following the school year for which such aid is\nclaimed shall be deemed final and not subject to change;\n  7. Transportation provided pursuant to section thirty-six hundred\nthirty-five-b of this article;\n  8. Notwithstanding any inconsistent provision of law, transportation\nprovided in the two thousand nineteen--two thousand twenty school year\nduring the state disaster emergency declared pursuant to executive order\n202 of 2020, provided that transportation was provided during the time\nperiod of school building closures ordered pursuant to executive order\n202 of 2020. Such aidable transportation shall include transportation of\nmeals, educational materials and supplies to students, and\ntransportation to provide students with internet access; and\n  9. Notwithstanding any inconsistent provision of law, expenditures\nmade for transportation during the period between the issuance of\nexecutive order 202.4 on March sixteenth, two thousand twenty and the\nissuance of executive order 202.28 on May seventh, two thousand twenty,\nwithout regard to whether such transportation was provided.\n
N.Y. PML Law § 1339 — New York Code / Act PML / Article 13 / Title 5 / Section 1339
Credit
Status: in_force

§ 1339. Credit. 1. Except as otherwise provided in this section, no\ngaming facility licensee or any person licensed under this article, and\nno person acting on behalf of or under any arrangement with a gaming\nfacility licensee or other person licensed under this article, shall:\n  (a) Cash any check, make any loan, or otherwise provide or allow to\nany person any credit or advance of anything of value or which\nrepresents value to enable any person to take part in gaming activity as\na player; or\n  (b) Release or discharge any debt, either in whole or in part, or make\nany loan which represents any losses incurred by any player in gaming\nactivity, without maintaining a written record thereof in accordance\nwith the rules of the commission.\n  2. No gaming facility licensee or any person licensed under this\narticle, and no person acting on behalf of or under any arrangement with\na gaming facility licensee or other person licensed under this article,\nmay accept a check, other than a recognized traveler's check or other\ncash equivalent from any person to enable such person to take part in\ngaming activity as a player, or may give cash or cash equivalents in\nexchange for such check unless:\n  (a) The check is made payable to the gaming facility licensee;\n  (b) The check is dated, but not postdated;\n  (c) The check is presented to the cashier or the cashier's\nrepresentative at a location in the gaming facility approved by the\ncommission and is exchanged for cash or slot tokens which total an\namount equal to the amount for which the check is drawn, or the check is\npresented to the cashier's representative at a gaming table in exchange\nfor chips which total an amount equal to the amount for which the check\nis drawn; and\n  (d) The regulations concerning check cashing procedures are observed\nby the gaming facility licensee and its employees and agents. Nothing in\nthis subdivision shall be deemed to preclude the establishment of an\naccount by any person with a gaming facility licensee by a deposit of\ncash, recognized traveler's check or other cash equivalent, or a check\nwhich meets the requirements of subdivision seven of this section, or to\npreclude the withdrawal, either in whole or in part, of any amount\ncontained in such account.\n  3. When a gaming facility licensee or other person licensed under this\narticle, or any person acting on behalf of or under any arrangement with\na gaming facility licensee or other person licensed under this article,\ncashes a check in conformity with the requirements of subdivision two of\nthis section, the gaming facility licensee shall cause the deposit of\nsuch check in a bank for collection or payment, or shall require an\nattorney or casino key employee with no incompatible functions to\npresent such check to the drawer's bank for payment, within:\n  (a) seven calendar days of the date of the transaction for a check in\nan amount of one thousand dollars or less;\n  (b) fourteen calendar days of the date of the transaction for a check\nin an amount greater than one thousand dollars but less than or equal to\nfive thousand dollars; or\n  (c) forty-five calendar days of the date of the transaction for a\ncheck in an amount greater than five thousand dollars.\n  Notwithstanding the foregoing, the drawer of the check may redeem the\ncheck by exchanging cash, cash equivalents, chips, or a check which\nmeets the requirements of subdivision seven of this section in an amount\nequal to the amount for which the check is drawn; or he or she may\nredeem the check in part by exchanging cash, cash equivalents, chips, or\na check which meets the requirements of subdivision seven of this\nsection and another check which meets the requirements of subdivision\ntwo of this section for the difference between the original check and\nthe cash, cash equivalents, chips, or check tendered; or he or she may\nissue one check which meets the requirements of subdivision two of this\nsection in an amount sufficient to redeem two or more checks drawn to\nthe order of the gaming facility licensee. If there has been a partial\nredemption or a consolidation in conformity with the provisions of this\nsubdivision, the newly issued check shall be delivered to a bank for\ncollection or payment or presented to the drawer's bank for payment by\nan attorney or casino key employee with no incompatible functions within\nthe period herein specified. No gaming facility licensee or any person\nlicensed or registered under this article, and no person acting on\nbehalf of or under any arrangement with a gaming facility licensee or\nother person licensed under this article, shall accept any check or\nseries of checks in redemption or consolidation of another check or\nchecks in accordance with this subdivision for the purpose of avoiding\nor delaying the deposit of a check in a bank for collection or payment\nor the presentment of the check to the drawer's bank within the time\nperiod prescribed by this subdivision.\n  In computing a time period prescribed by this subdivision, the last\nday of the period shall be included unless it is a Saturday, Sunday, or\na state or federal holiday, in which event the time period shall run\nuntil the next business day.\n  4. No gaming facility licensee or any other person licensed or\nregistered under this article, or any other person acting on behalf of\nor under any arrangement with a gaming facility licensee or other person\nlicensed or registered under this article, shall transfer, convey, or\ngive, with or without consideration, a check cashed in conformity with\nthe requirements of this section to any person other than:\n  (a) The drawer of the check upon redemption or consolidation in\naccordance with subdivision three of this section;\n  (b) A bank for collection or payment of the check;\n  (c) A purchaser of the gaming facility license as approved by the\ncommission; or\n  (d) An attorney or casino key employee with no incompatible functions\nfor presentment to the drawer's bank.\n  The limitation on transferability of checks imposed herein shall apply\nto checks returned by any bank to the gaming facility licensee without\nfull and final payment.\n  5. No person other than a casino key employee licensed under this\narticle or a gaming employee registered under this article may engage in\nefforts to collect upon checks that have been returned by banks without\nfull and final payment, except that an attorney-at-law representing a\ngaming facility licensee may bring action for such collection.\n  6. Notwithstanding the provisions of any law to the contrary, checks\ncashed in conformity with the requirements of this article shall be\nvalid instruments, enforceable at law in the courts of this state. Any\ncheck cashed, transferred, conveyed or given in violation of this\narticle shall be invalid and unenforceable for the purposes of\ncollection but shall be included in the calculation of gross gaming\nrevenue.\n  7. Notwithstanding the provisions of subdivision two of this section\nto the contrary, a gaming facility licensee may accept a check from a\nperson to enable the person to take part in gaming activity as a player,\nmay give cash or cash equivalents in exchange for such a check, or may\naccept a check in redemption or partial redemption of a check issued in\naccordance with subdivision two of this section, provided that:\n  (a) (1) The check is issued by a gaming facility licensee, is made\npayable to the person presenting the check, and is issued for a purpose\nother than employment compensation or as payment for goods or services\nrendered;\n  (2) The check is issued by a banking institution which is chartered in\na country other than the United States on its account at a federally\nchartered or state-chartered bank and is made payable to "cash,"\n"bearer," a gaming facility licensee, or the person presenting the\ncheck;\n  (3) The check is issued by a banking institution which is chartered in\nthe United States on its account at another federally chartered or\nstate-chartered bank and is made payable to "cash," "bearer," a gaming\nfacility licensee, or the person presenting the check;\n  (4) The check is issued by a slot system operator or pursuant to an\nannuity jackpot guarantee as payment for winnings from a multi-casino\nprogressive slot machine system jackpot; or\n  (5) The check is issued by an entity that holds a gaming facility\nlicense in any jurisdiction, is made payable to the person presenting\nthe check, and is issued for a purpose other than employment\ncompensation or as payment for goods or services rendered;\n  (b) The check is identifiable in a manner approved by the commission\nas a check authorized for acceptance pursuant to paragraph (a) of this\nsubdivision;\n  (c) The check is dated, but not postdated;\n  (d) The check is presented to the cashier or the cashier's\nrepresentative by the original payee and its validity is verified by the\ndrawer in the case of a check drawn pursuant to subparagraph one of\nparagraph (a) of this subdivision, or the check is verified in\naccordance with regulations promulgated under this article in the case\nof a check issued pursuant to subparagraph two, three, four or five of\nparagraph (a) of this subdivision; and\n  (e) The regulations concerning check-cashing procedures are observed\nby the gaming facility licensee and its employees and agents. No gaming\nfacility licensee shall issue a check for the purpose of making a loan\nor otherwise providing or allowing any advance or credit to a person to\nenable the person to take part in gaming activity as a player.\n  8. Notwithstanding the provisions of subdivisions two and three of\nthis section to the contrary, a gaming facility licensee may, at a\nlocation outside the gaming facility, accept a personal check or checks\nfrom a person for up to five thousand dollars in exchange for cash or\ncash equivalents, and may, at such locations within the gaming facility\nas may be permitted by the commission, accept a personal check or checks\nfor up to five thousand dollars in exchange for cash, cash equivalents,\ntokens, chips, or plaques to enable the person to take part in gaming\nactivity as a player, provided that:\n  (a) The check is drawn on the patron's bank or brokerage cash\nmanagement account;\n  (b) The check is for a specific amount;\n  (c) The check is made payable to the gaming facility licensee;\n  (d) The check is dated but not post-dated;\n  (e) The patron's identity is established by examination of one of the\nfollowing: valid credit card, driver's license, passport, or other form\nof identification credential which contains, at a minimum, the patron's\nsignature;\n  (f) The check is restrictively endorsed "For Deposit Only" to the\ngaming facility licensee's bank account and deposited on the next\nbanking day following the date of the transaction;\n  (g) The total amount of personal checks accepted by any one licensee\npursuant to this subdivision that are outstanding at any time, including\nthe current check being submitted, does not exceed five thousand\ndollars;\n  (h) The gaming facility licensee has a system of internal controls in\nplace that will enable it to determine the amount of outstanding\npersonal checks received from any patron pursuant to this subdivision at\nany given point in time; and\n  (i) The gaming facility licensee maintains a record of each such\ntransaction in accordance with regulations established by the\ncommission.\n  9. A person may request the commission to put that person's name on a\nlist of persons to whom the extension of credit by a gaming facility as\nprovided in this section would be prohibited by submitting to the\ncommission the person's name, address, and date of birth. The person\ndoes not need to provide a reason for this request. The commission shall\nprovide this list to the credit department of each gaming facility;\nneither the commission nor the credit department of a gaming facility\nshall divulge the names on this list to any person or entity other than\nthose provided for in this subdivision. If such a person wishes to have\nthat person's name removed from the list, the person shall submit this\nrequest to the commission, which shall so inform the credit departments\nof gaming facilities no later than three days after the submission of\nthe request.\n
N.Y. PBA Law § 909 — New York Code / Act PBA / Article 4 / Title 5 / Section 909
Monies of the authority
Status: in_force

§ 909. Monies of the authority. All monies of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The monies in such accounts shall be paid out or withdrawn on\nthe order of such person or persons as the authority may authorize to\nmake such requisitions. All deposits of such monies shall be secured by\nobligations of the United States or of the state or of any municipality\nof a market value equal at all times to the amount on deposit and all\nbanks and trust companies are authorized to give such security for such\ndeposits. To the extent practicable, consistent with the cash\nrequirements of the authority, all such monies shall be deposited in\ninterest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any monies of the authority or any monies held in trust\nor otherwise for the payment of bonds or any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Monies held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such monies may be secured in the same manner as monies if\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the authority not\nrequired for immediate use or disbursement may, be invested in\naccordance with section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the state comptroller, the authority shall prescribe a system of\naccounts.\n
N.Y. PBA Law § 3607 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3607
Transfer of property; relationship with the towns; certain gifts, loans and guarantees by the towns
Status: in_force

§ 3607. Transfer of property; relationship with the towns; certain\ngifts, loans and guarantees by the towns. 1. (a) Either town may give,\ngrant, sell, convey, loan, license the use of, or lease to the\ncorporation any property (except monies appropriated by the town and\npayable to the corporation pursuant to subdivision three and paragraph\n(a) of subdivision four of this section) which are useful in connection\nwith the exercise by the corporation of any of its powers under this\ntitle in order to transfer the facilities and operations of the\nClifton-Fine Hospital to the corporation by agreement between the towns\nand the corporation and any subsequent renewal or amendment thereof, by\nlocal law adopted by a majority of both town boards, notwithstanding any\ngeneral, special or local law, ordinance, resolution or charter.\n  (b) Any such gift, grant, sale, conveyance, loan, license or lease\nshall be upon such terms and conditions, for such consideration, if any,\nand for such term or terms of years, subject to the rights of the\nholders of any bonds, as the corporation and the towns may agree. No\nreal property of the towns consisting of any health facility currently\noperated by the Clifton-Fine Hospital shall be transferred to the\ncorporation in fee, except under such restrictions regarding rights of\nfirst refusal, or other rights, to repurchase the property as the town\nboards shall approve by act, and subject to a restrictive covenant\nprohibiting the corporation from pledging or mortgaging the fee interest\nin the property. In the event that the town gives, grants, sells,\nconveys, loans, licenses or leases any facilities to the corporation,\nthe towns may contract with the corporation to lease, borrow, license,\noperate, maintain, manage and provide services for such facilities upon\nsuch terms and conditions and for such term or terms of years, subject\nto the rights of holders of bonds, as the corporation and the towns may\nagree.  The corporation, in furtherance of any purchase, conveyance or\nlease of any property or facility from the towns, may assume the primary\nresponsibility for the payment of the principal and interest on any\nbonds or notes issued by the towns for such property or facility.\n  2. The town may acquire by purchase, grant, lease, gift or\ncondemnation pursuant to the eminent domain procedure law, real property\nin the name of the towns for any corporate purpose of the corporation.\n  3. In addition to any other powers granted to it by law and consistent\nwith the constitution and other provisions of law, the towns may, from\ntime to time, appropriate sums of money to defray project costs or any\nother costs or expenses of the corporation including operating expenses.\n  Subject to the rights of bondholders, the towns may determine if the\nmonies so appropriated shall be subject to repayment by the corporation\nto the towns and, in such event, the manner and time or times for such\nrepayment.\n  4. In addition to the authority granted elsewhere in this title and by\nother applicable laws, the corporation and the towns may enter into a\ncontract or contracts from time to time providing for one or more of the\nfollowing:\n  (a) the payment of sums appropriated by the towns pursuant to\nsubdivision three of this section;\n  (b) the payment of sums for health care services provided by the\ncorporation which could otherwise be provided directly by the towns,\nincluding services for uncompensated care;\n  (c) services to be provided by the towns to or on behalf of the\ncorporation;\n  (d) the transfer of employees of the towns to the corporation as\nprovided in section thirty-six hundred four of this title;\n  (e) indemnification by the corporation to the towns for claims\nassociated with establishment of and operation of the corporation and\nits health facilities;\n  (f) the gift, grant, sale, conveyance, loan, license or lease by the\ntowns to the corporation of any property (except monies appropriated by\nthe county and payable to the corporation pursuant to subdivision three\nand paragraph (a) of this subdivision) or facilities which are useful in\nconnection with the exercise by the corporation of any of its powers\nunder this title not transferred pursuant to the authority granted in\nparagraph (a) of subdivision one of this section, which gift, grant,\nsale, conveyance, loan, license or lease shall nevertheless be subject\nto paragraph (b) of subdivision one of this section; and\n  (g) such other matters as may be appropriate to accomplish the\npurposes hereof.\n  Any such contract or contracts shall be authorized by the towns by act\nadopted by majority vote of the town boards. Such contract or contracts\nshall include such terms and conditions, be for such consideration, if\nany, and have such term or terms of years, as the corporation and the\ntowns may agree.\n  5. (a) Notwithstanding any general, special or local law or charter\nprovisions to the contrary, the towns of Clifton and Fine shall have the\npower and are hereby authorized, pursuant to section seven of article\nseventeen of the state constitution, to lend money or credit to or in\naid of the corporation or any subsidiary thereof for the purpose of\nproviding health related facilities or hospital facilities for the\nprevention, diagnosis or treatment of human disease, pain, injury,\ndisability, deformity or physical condition, and for facilities\nincidental or appurtenant thereto as may be prescribed by law. The towns\nare hereby authorized to prescribe such facilities by local law of the\ntowns. The corporation or any such subsidiary thereof, as a condition to\nany such loan of money or credit, shall enter into a regulatory\nagreement with the towns as to its charges, profits, dividends and\ndisposition of its property of franchises, which agreement shall be\nbinding and enforceable by the towns insofar as this regulates such\ncharges, profits, dividends and disposition of property. The towns may\nelect in such regulatory agreement to refrain from exercising all or any\nportion of its authority to so regulate such charges, profits, dividends\nand disposition of property to the extent such charges, profits,\ndividends and disposition of property are regulated by the state or any\nagency thereof. The towns shall authorize such regulatory agreement by\nlocal law.\n  (b) In pursuance of the authority granted herein, the towns shall have\nthe power and is hereby authorized from time to time to issue bonds,\nnotes or other obligations in such principal amounts as they shall deem\nnecessary, after taking into account other monies which may be available\nfor the purposes set forth herein. Such bonds, notes or obligations\nshall be issued for the purpose of making loans to the corporation or\nany subsidiary thereof, paying interest on such bonds, notes or other\nobligations, establishment of reserves to secure such notes, bonds, or\nother obligations, and paying all other obligations and expenditures\nincidental to and necessary or convenient for the making of such loans.\nSuch bonds, notes or obligations shall be issued in accordance with the\napplicable provisions of this chapter and the local finance law and\napplicable local laws.\n  (c) Any guarantee by the towns made pursuant to the authority granted\nin this section shall be authorized by act or acts of the towns in the\nsame manner as such act or acts authorizing the issuance of bonds of the\ntowns for the purposes for which such guarantee is undertaken.\n  (d) The towns shall also be authorized to enact laws governing the\nconditions under which such loans, commitments and guarantees shall be\nmade.\n  6. For purposes of subdivision four of paragraph a of section 25.00 of\nthe local finance law, amounts to be derived by the towns from the\ncorporation, or any subsidiary thereof, shall be included in the term\n"other income".\n  7. (a) Notwithstanding the provisions of any other state or local law\nto the contrary, including, but not limited to, sections six-n and six-j\nof the general municipal law, with the approval of the town boards,\namounts deposited for or on behalf of the Clifton-Fine Hospital in the\nliability and casualty and workers' compensation reserve funds\nestablished by the towns pursuant to said sections of the general\nmunicipal law, and investment earnings thereon, may be withdrawn by the\ntowns from such funds and transferred to the corporation and shall be\nused by the corporation for the purposes for which such funds were\nestablished.\n  (b) No amounts shall be withdrawn and transferred to the corporation\npursuant to this subdivision unless prior thereto the corporation has\nagreed in writing to indemnify and hold harmless the towns, and provide\ndefense, for all claims, cases, proceedings, actions or other matters\nagainst the towns arising out of the properties, facilities, operations\nor employees of the corporation of the Clifton-Fine Hospital, whether\ncommenced before or after the date of transfer of said amounts, and to\nprovide such other security for this obligation as the towns may\nreasonably require.\n
N.Y. VAT Law § 506 — New York Code / Act VAT / Title 5 / Article 19 / Section 506
Reexamination of licensees
Status: in_force

§ 506. Reexamination of licensees. 1. If the commissioner has\nreasonable grounds to believe that a person holding a license issued\npursuant to this article is not qualified to drive a motor vehicle, the\ncommissioner may require such person to submit to an examination to\ndetermine his qualifications.\n  2. The commissioner may require every person holding a license issued\npursuant to this article to submit to such an examination as shall be\ndetermined by him to be appropriate if such person has been involved in\nthree accidents while driving a motor vehicle or motorcycle within a\nperiod of eighteen months, if such accidents were required to be\nreported by section six hundred five of this chapter.\n  3. If the licensee satisfactorily passes any such examination, he\nshall be so informed and his license shall continue to be valid. If he\nfails to pass, the commissioner shall take such reasonable action as may\nbe required.  Such action may consist of imposing restrictions on the\nuse of the license of such person, in suspending such license for a\ndefinite or indefinite period, or in revoking such license. If any such\nperson fails after reasonable notice or refuses to submit to an\nexamination, the commissioner may revoke his license or suspend it for\nan indefinite period solely because of such failure or refusal.\n  4. Any person holding a license issued pursuant to this chapter who\nsuffers permanent loss of use of one or both hands or arms or of one or\nboth feet or legs, or one eye shall, before operating any motor vehicle\nor motorcycle make report thereof to the commissioner, who shall take\nsuch reasonable action as may be proper under the provisions of this\nsection.\n  5. Upon the permanent loss of use of both eyes a license issued under\nthis article shall be null and void.\n
N.Y. VAT Law § 511 — New York Code / Act VAT / Title 5 / Article 20 / Section 511
Operation while license or privilege is suspended or revoked; aggravated unlicensed operation
Status: in_force

§ 511. Operation while license or privilege is suspended or revoked;\naggravated unlicensed operation. 1. Aggravated unlicensed operation of a\nmotor vehicle in the third degree. (a) A person is guilty of the offense\nof aggravated unlicensed operation of a motor vehicle in the third\ndegree when such person operates a motor vehicle upon a public highway\nwhile knowing or having reason to know that such person's license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license to operate such motor vehicle issued by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner.\n  (b) Aggravated unlicensed operation of a motor vehicle in the third\ndegree is a misdemeanor. When a person is convicted of this offense, the\nsentence of the court must be: (i) a fine of not less than two hundred\ndollars nor more than five hundred dollars; or (ii) a term of\nimprisonment of not more than thirty days; or (iii) both such fine and\nimprisonment.\n  (c) When a person is convicted of this offense with respect to the\noperation of a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds, the sentence of the court must be: (i) a\nfine of not less than five hundred dollars nor more than fifteen hundred\ndollars; or (ii) a term of imprisonment of not more than thirty days; or\n(iii) both such fine and imprisonment.\n  2. Aggravated unlicensed operation of a motor vehicle in the second\ndegree. (a) A person is guilty of the offense of aggravated unlicensed\noperation of a motor vehicle in the second degree when such person\ncommits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and\n  (i) has previously been convicted of an offense that consists of or\nincludes the elements comprising the offense committed within the\nimmediately preceding eighteen months; or\n  (ii) the suspension or revocation is based upon a refusal to submit to\na chemical test pursuant to section eleven hundred ninety-four of this\nchapter, a finding of driving after having consumed alcohol in violation\nof section eleven hundred ninety-two-a of this chapter or upon a\nconviction for a violation of any of the provisions of section eleven\nhundred ninety-two of this chapter; or\n  (iii) the suspension was a mandatory suspension pending prosecution of\na charge of a violation of section eleven hundred ninety-two of this\nchapter ordered pursuant to paragraph (e) of subdivision two of section\neleven hundred ninety-three of this chapter or other similar statute; or\n  (iv) such person has in effect three or more suspensions, imposed on\nat least three separate dates, for failure to answer, appear or pay a\nfine, pursuant to subdivision three of section two hundred twenty-six or\nsubdivision four-a of section five hundred ten of this chapter.\n  (b) Aggravated unlicensed operation of a motor vehicle in the second\ndegree is a misdemeanor. When a person is convicted of this crime under\nsubparagraph (i) of paragraph (a) of this subdivision, the sentence of\nthe court must be: (i) a fine of not less than five hundred dollars; and\n(ii) a term of imprisonment not to exceed one hundred eighty days; or\n(iii) where appropriate a sentence of probation as provided in\nsubdivision six of this section; or (iv) a term of imprisonment as a\ncondition of a sentence of probation as provided in the penal law and\nconsistent with this section. When a person is convicted of this crime\nunder subparagraph (ii), (iii) or (iv) of paragraph (a) of this\nsubdivision, the sentence of the court must be: (i) a fine of not less\nthan five hundred dollars nor more than one thousand dollars; and (ii) a\nterm of imprisonment of not less than seven days nor more than one\nhundred eighty days, or (iii) where appropriate a sentence of probation\nas provided in subdivision six of this section; or (iv) a term of\nimprisonment as a condition of a sentence of probation as provided in\nthe penal law and consistent with this section.\n  3. Aggravated unlicensed operation of a motor vehicle in the first\ndegree. (a) A person is guilty of the offense of aggravated unlicensed\noperation of a motor vehicle in the first degree when such person: (i)\ncommits the offense of aggravated unlicensed operation of a motor\nvehicle in the second degree as provided in subparagraph (ii), (iii) or\n(iv) of paragraph (a) of subdivision two of this section and is\noperating a motor vehicle while under the influence of alcohol or a drug\nin violation of subdivision one, two, two-a, three, four, four-a or five\nof section eleven hundred ninety-two of this chapter; or\n  (ii) commits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while such person has in\neffect ten or more suspensions, imposed on at least ten separate dates\nfor failure to answer, appear or pay a fine, pursuant to subdivision\nthree of section two hundred twenty-six of this chapter or subdivision\nfour-a of section five hundred ten of this article; or\n  (iii) commits the offense of aggravated unlicensed operation of a\nmotor vehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while under permanent\nrevocation as set forth in subparagraph twelve of paragraph (b) of\nsubdivision two of section eleven hundred ninety-three of this chapter;\nor\n  (iv) operates a motor vehicle upon a public highway while holding a\nconditional license issued pursuant to paragraph (a) of subdivision\nseven of section eleven hundred ninety-six of this chapter while under\nthe influence of alcohol or a drug in violation of subdivision one, two,\ntwo-a, three, four, four-a or five of section eleven hundred ninety-two\nof this chapter; or\n  (v) commits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while such person has in\neffect five or more suspensions or revocations, imposed on at least five\nseparate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi),\n(vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision\ntwo of section five hundred ten of this article, or subparagraph (i),\n(xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of\nsuch subdivision, or paragraph a, b, d, e, or g relating to evading\nlawful arrest or prosecution while operating a motor vehicle or\nmotorcycle, or paragraph i of subdivision three of section five hundred\nten of this article, or paragraph (c), (d), or (e) of subdivision one or\nsubdivision three of section five hundred ten-a of this article, or\nsection five hundred ten-b of this article, or section five hundred\nten-c of this article, or subdivision two of section eleven hundred\nninety-three of this chapter.\n  (b) Aggravated unlicensed operation of a motor vehicle in the first\ndegree is a class E felony. When a person is convicted of this crime,\nthe sentence of the court must be: (i) a fine in an amount not less than\nfive hundred dollars nor more than five thousand dollars; and (ii) a\nterm of imprisonment as provided in the penal law except that where a\nperson is convicted of this crime under subparagraph (v) of paragraph\n(a) of this subdivision, any term of imprisonment imposed for a\nviolation of this section shall be a definite sentence, which may not\nexceed two years, or (iii) where appropriate and a term of imprisonment\nis not required by the penal law, a sentence of probation as provided in\nsubdivision six of this section, or (iv) a term of imprisonment as a\ncondition of a sentence of probation as provided in the penal law.\n  4. Defense. In any prosecution under this section or section five\nhundred eleven-a of this chapter, it is a defense that the person\noperating the motor vehicle has at the time of the offense a license\nissued by a foreign country, state, territory or federal district, which\nlicense is valid for operation in this state in accordance with the\nprovisions of section two hundred fifty of this chapter.\n  5. Limitation on pleas. Where an accusatory instrument charges a\nviolation of this section, any plea of guilty entered in satisfaction of\nsuch charge must include at least a plea of guilty of one of the\noffenses defined by this section and no other disposition by plea of\nguilty to any other charge in satisfaction of such charge shall be\nauthorized; provided, however, that if the district attorney upon\nreviewing the available evidence determines that the charge of a\nviolation of this section is not warranted, he may set forth upon the\nrecord the basis for such determination and consent to a disposition by\nplea of guilty to another charge in satisfaction of such charge, and the\ncourt may accept such plea.\n  6. Sentence of probation. In any case where a sentence of probation is\nauthorized by this section, the court may in its discretion impose such\nsentence, provided however, if the court is of the opinion that a\nprogram of alcohol or drug treatment may be effective in assisting in\nprevention of future offenses of a similar nature upon imposing such\nsentence, the court shall require as a condition of the sentence that\nthe defendant participate in such a program.\n  7. Exceptions. When a person is convicted of a violation of\nsubdivision one or two of this section, and the suspension was issued\npursuant to (a) subdivision four-e of section five hundred ten of this\narticle due to a support arrears, or (b) subdivision four-f of section\nfive hundred ten of the article due to past-due tax liabilities, the\nmandatory penalties set forth in subdivision one or two of this section\nshall not be applicable if, on or before the return date or subsequent\nadjourned date, such person presents proof that such support arrears or\npast-due tax liabilities have been satisfied as shown by certified\ncheck, notice issued by the court ordering the suspension, or notice\nfrom a support collection unit or department of taxation and finance as\napplicable. The sentencing court shall take the satisfaction of arrears\nor the payment of the past-due tax liabilities into account when\nimposing a sentence for any such conviction. For licenses suspended for\nnon-payment of past-due tax liabilities, the court shall also take into\nconsideration proof, in the form of a notice from the department of\ntaxation and finance, that such person has made payment arrangements\nthat are satisfactory to the commissioner of taxation and finance.\n
N.Y. EDN Law § 3609-H — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3609-H
Moneys apportioned to school districts for commercial gaming grants pursuant to subdivision six of section ninety-seven-nnnn of the state...
Status: in_force

§ 3609-h. Moneys apportioned to school districts for commercial gaming\ngrants pursuant to subdivision six of section ninety-seven-nnnn of the\nstate finance law, when and how payable commencing July first, two\nthousand fourteen. Notwithstanding the provisions of section thirty-six\nhundred nine-a of this part, apportionments payable pursuant to\nsubdivision six of section ninety-seven-nnnn of the state finance law\nshall be paid pursuant to this section. The definitions of "base year"\nand "current year" as set forth in subdivision one of section thirty-six\nhundred two of this part shall apply to this section.\n  1. The moneys apportioned by the commissioner to school districts\npursuant to subdivision six of section ninety-seven-nnnn of the state\nfinance law for the two thousand fourteen-two thousand fifteen school\nyear and thereafter shall be paid as a commercial gaming grant, as\ncomputed pursuant to such subdivision, as follows:\n  a. For the two thousand fourteen--two thousand fifteen school year,\none hundred percent of such grant shall be paid on the same date as the\npayment computed pursuant to clause (v) of subparagraph three of\nparagraph b of subdivision one of section thirty-six hundred nine-a of\nthis article.\n  b. For the two thousand fifteen--two thousand sixteen school year\nthrough the two thousand eighteen--two thousand nineteen school year,\nseventy percent of such grant shall be paid on the same date as the\npayment computed pursuant to clause (ii) of subparagraph three of\nparagraph b of subdivision one of section thirty-six hundred nine-a of\nthis article, and thirty percent of such grant shall be paid on the same\ndate as the payment computed pursuant to clause (v) of subparagraph\nthree of paragraph b of subdivision one of section thirty-six hundred\nnine-a of this article.\n  c. For the two thousand nineteen--two thousand twenty school year and\nthereafter, one hundred percent of such grant shall be paid on the same\ndate as the payment computed pursuant to clause (ii) of subparagraph\nthree of paragraph b of subdivision one of section thirty-six hundred\nnine-a of this article.\n  2. Any payment to a school district pursuant to this section shall be\ngeneral receipts of the district and may be used for any lawful purpose\nof the district.\n
N.Y. ELN Law § 5-508 — New York Code / Act ELN / Article 5 / Title 5 / Section 5-508
Confidentiality of registration records in certain cases
Status: in_force

§ 5-508. Confidentiality of registration records in certain cases. 1.\nFor purposes of this section:\n  (a) "Victim of domestic violence" means any person who is a victim of\na violent felony, as defined in section 70.02 of the penal law, or\ndisorderly conduct, harassment in the first degree, harassment in the\nsecond degree, aggravated harassment in the second degree, aggravated\nharassment in the third degree, stalking in the fourth degree, criminal\nmischief, menacing in the second degree, menacing in the third degree,\nreckless endangerment, assault in the third degree or an attempted\nassault; and\n  (i) such act or acts have resulted in actual physical or emotional\ninjury or have created a substantial risk of physical or emotional harm\nto such person or such person's child; and\n  (ii) such act or acts are or are alleged to have been committed by a\nfamily or household member.\n  (b) "Family or household members" mean the following individuals:\n  (i) persons related by consanguinity or affinity;\n  (ii) persons legally married to one another;\n  (iii) persons formerly married to one another regardless of whether\nthey still reside in the same household;\n  (iv) persons who have a child in common regardless of whether such\npersons are married or have lived together at any time;\n  (v) persons who are not related by consanguinity or affinity and who\nare or have been in an intimate relationship regardless of whether such\npersons have lived together at any time. Factors the court may consider\nin determining whether a relationship is an "intimate relationship"\ninclude but are not limited to: the nature or type of relationship,\nregardless of whether the relationship is sexual in nature; the\nfrequency of interaction between the persons; and the duration of the\nrelationship. Neither a casual acquaintance nor ordinary fraternization\nbetween two individuals in business or social contexts shall be deemed\nto constitute an "intimate relationship".\n  2. (a) A victim of domestic violence or any person who is a victim of\na crime defined in article one hundred thirty of the penal law may\ndeliver to the board of elections, in the county wherein such victim of\ndomestic violence or victim of a crime defined in article one hundred\nthirty of the penal law is registered or intends to be registered\npursuant to this article, in person or by mail, a signed written\nstatement swearing or affirming:\n  (i) that such person is the victim of domestic violence or victim of a\ncrime defined in article one hundred thirty of the penal law; and\n  (ii) that because of the threat of physical or emotional harm to\nthemself or to family or household members, such person wishes for their\nregistration record to be kept confidential.\n  (b) Upon application made to the board of elections pursuant to\nparagraph (a) of this subdivision, the board of elections shall ensure\nthat any registration record kept or maintained in accordance with this\narticle and any other records with respect to such victim of domestic\nviolence be kept separate and apart from other such records and not be\nmade available for inspection or copying by the public or any other\nperson, except election officials acting within the course and scope of\ntheir official duties and only as pertinent and necessary in connection\ntherewith. The confidentiality of such registration records shall begin\nupon the board's acceptance of such sworn statement and continue for\nfour years from such date. A new application may be made prior to the\nexpiration of such four year period.\n
N.Y. ENV Law § 11-0522 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0522
Urban deer management pilot program
Status: in_force

* § 11-0522. Urban deer management pilot program.\n  1. For the purposes of this section, " nuisance wildlife specialist"\nshall mean an employee of or a contractor for the federal or state\ngovernment responsible for wildlife management acting pursuant to a deer\nmanagement plan and deer cull permit. A nuisance wildlife specialist\nmust be in compliance with criteria established by the department that\nat a minimum shall require:\n  a. a minimum level of marksmanship qualifications appropriate to the\nfirearm or hunting implement to be used;\n  b. liability insurance coverage or other financial arrangements\nidentified by the department;\n  c. a copy of the cull permit and a copy of the log of nuisance\nwildlife specialists using the permit, be on the nuisance wildlife\nspecialist's person when exercising any privilege of such permit; and\n  d. reporting requirements.\n  2. The department may, after reviewing the city of Syracuse's cull\npermit application and site-specific deer management plan, and upon a\nfinding by the city of Syracuse that deer have become a nuisance,\ndestructive to public or private property or a threat to public health\nor welfare, issue a deer cull permit for use within the boundaries of\nthe city of Syracuse, authorizing use of a nuisance wildlife specialist\nto take deer pursuant to the terms of the deer cull permit.\n  3. Each cull permit application shall at a minimum include\nrequirements for: the timeframe during which the permit must be used, a\nsite-specific deer management plan, a geographic description of the area\nfor which the permit is being requested, a written contract with the\ncity of Syracuse, a list which identifies participating nuisance\nwildlife specialists and eligibility based on the criteria established\nby the department, provided by the city of Syracuse, requests for any\nauthorization pursuant to subdivisions three and nine of section 11-0505\nof this title, subdivision two of section 11-0901 of this article, and\nsubdivisions two and four of section 11-0931 of this article, provided\nthat any such authorization subsequently granted shall be explicitly\nincluded on any cull permit, and details regarding expected local law\nenforcement consultation.\n  4. Nothing in this section shall be construed as requiring or\nobligating the department to issue a permit to take deer when in its\nopinion the nuisance, destruction of property or threat to public health\nand welfare will not be effectively abated thereby.\n  * NB Repealed January 1, 2027\n
N.Y. BNK Law § 5005 — New York Code / Act BNK / Article 15 / Title 5 / Section 5005
Transferable rights to purchase shares; imposition of restrictions or conditions thereon
Status: in_force

§ 5005. Transferable rights to purchase shares; imposition of\nrestrictions or conditions thereon. 1. Except as otherwise provided in\nthis section or in the organization certificate, a corporation may\ncreate and issue, whether or not in connection with the issue and sale\nof any of its capital notes, debentures or shares, rights or options\nentitling the holders thereof to purchase from the corporation, upon\nsuch consideration, terms and conditions as may be fixed by the board,\nshares of any class or series, whether authorized but unissued shares,\ntreasury shares or shares to be purchased or acquired.\n  2. (a) In the case of a corporation that has a class of voting stock\nregistered pursuant to section twelve of the Exchange Act, the terms and\nconditions of such rights or options may include, without limitation,\nrestrictions or conditions that preclude or limit the exercise, transfer\nor receipt of such rights or options by an interested shareholder or any\ntransferee of any such interested shareholder or that invalidate or void\nsuch rights or options held by any such interested shareholder or any\nsuch transferee. For the purposes of this subdivision, the terms "voting\nstock", "Exchange Act" and "interested shareholder" shall have the same\nrespective meanings as are set forth in section nine hundred twelve of\nthe business corporation law except that for this purpose references in\nsaid section of the business corporation law to a "resident business\ncorporation" shall be read instead to refer to a "corporation" as\ndefined by section one thousand one of this chapter.\n  (b) Determinations of the board of directors whether to impose,\nenforce or waive or otherwise render ineffective such limitations or\nconditions as are permitted by paragraph (a) of this subdivision shall\nbe subject to judicial review in an appropriate proceeding in which the\ncourts formulate or apply appropriate standards in order to insure that\nsuch limitations or conditions are imposed, enforced or waived in the\nbest long-term interests and short-term interests of the corporation and\nits stockholders considering, without limitation, the prospects for\npotential growth, development, productivity and profitability of the\ncorporation.\n  3. The consideration for shares to be purchased under any such right\nor option shall comply with the requirements of section five thousand\nfour of this chapter.\n  4. The terms and conditions of such rights or options, including the\ntime or times at or within which and the price or prices at which they\nmay be exercised and any limitations upon transferability, shall be set\nforth or incorporated by reference in the instrument or instruments\nevidencing such rights or options.\n  5. If there is shareholder approval for the issue of rights and\noptions, such approval may provide that the board is authorized by\ncertificate of amendment under section eight thousand five of this\nchapter to increase the authorized shares of any class or series to such\nnumber as will be sufficient, when added to the previously authorized\nbut unissued shares of such class or series, to satisfy any such rights\nor options entitling the holders thereof to purchase from the\ncorporation authorized but unissued shares of such class or series.\n  6. In the absence of fraud in the transaction, the judgment of the\nboard shall be conclusive as to the adequacy of the consideration,\ntangible or intangible, received or to be received by the corporation\nfor the issue of rights or options for the purchase from the corporation\nof its shares.\n  7. The provisions of this section are inapplicable to the rights of\nthe holders of convertible shares, capital notes or debentures to\nacquire shares upon the exercise of conversion privileges under section\nfive thousand sixteen of this chapter.\n  8. The provisions of this section are inapplicable to the rights of\nofficers, directors and employees of a corporation who have been issued\noptions to purchase authorized and unissued shares of its capital stock\nunder or by reference to section one hundred forty-a of this chapter.\n
N.Y. ENV Law § 15-0511 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0511
Alterations to watercourses and lakes; inspection and correction; illegal impounding of waters
Status: in_force

§ 15-0511. Alterations to watercourses and lakes; inspection and\n             correction; illegal impounding of waters.\n  1. Whenever in the judgment of the commissioner, public safety\nrequires, or an illegal excavation, fill, or dam exists in or on the\nwaters of the state, the commissioner may cause an investigation to be\nmade of the nature of the hazard or violation and its probable effect on\nthe health, safety and welfare of the people of the state, and the\neffect on the environment and natural resources including forests, soil,\nwater, fish and wildlife.\n  2.  In addition to any other power set forth in this chapter,\nincluding the power to issue an order pursuant to section 71-0301 of\nthis chapter, the commissioner shall have the power, after hearing on\ndue notice, to issue an order, setting forth the findings of fact and\nconclusions therefrom, directing any person or local public corporation,\nwho hereafter makes or allows to be made or is making an illegal or\nunsafe excavation or fill, or who constructs an illegal dam, to conduct\nstudies, investigations, and analyses necessary to evaluate the safety\nof the structure, including but not limited to visual inspections,\nmeasurements, foundation exploration and testing, materials testing,\nhydraulic and hydrologic analyses, structural stability analysis and\nseepage investigations and to remove, replace or correct the dam or\nexcavated or filled materials, within such reasonable time and in such\nmanner as shall be specified in said order, and it shall be the duty of\nevery such person or local public corporation to obey, observe and\ncomply with such order and with the conditions therein prescribed.  The\nprovisions of title 9 of this article with respect to administrative\nprocedures shall be applicable to hearings under this section.\n  3. It shall be unlawful for any person or local public corporation to\nfail, omit or neglect to comply with such order within a reasonable time\nas designated by the commissioner.\n  4. Upon the violation of any such order, the commissioner, or a duly\nappointed representative, shall have power to enter upon the lands and\nwaters where such illegal or unsafe disturbances are located for the\npurpose of removing, replacing or correcting the same and to take such\nother and further precautions which the commissioner may deem necessary\nto safeguard life or property or protect the environment of the state\nagainst danger occasioned by the presence of the illegal or unsafe\nexcavation, fill or dams. In removing or replacing such structures or\nother properties so affected the commissioner shall not deviate from the\nmethod, manner and specifications contained in the original order.\n  5. The commissioner shall certify the amount of the costs and expenses\nincurred by the department and any state departments for the removal or\nreplacing aforesaid in anywise connected therewith to the county\nlegislative body of the county or counties in which the said lands and\nwaters are located, whereupon it shall be the duty of such county\nlegislative body of each county to add the amount so certified to the\nassessment rolls of such locality or localities as a charge against the\nreal property upon which the excavation, fill or dam is located,\ndesignated or described by the commissioner as chargeable therewith, and\nto issue its warrant or warrants for the collection thereof. Thereupon\nit shall become the duty of such locality or localities through their\nproper officers to collect the amount so certified in the same manner as\nother taxes are collected in such locality or localities and when\ncollected to pay the same to the department which shall thereupon pay\nthe same into the State Treasury.  Any amount so levied shall thereupon\nbecome and be a lien upon the real property affected thereby to the same\nextent as any tax levy becomes and is a lien thereon.  The department\nmay also assert other rights of recovery as may exist by law for such\ncosts and expenses incurred.\n
N.Y. PBA Law § 1093 — New York Code / Act PBA / Article 5 / Title 5 / Section 1093
Short title
Status: in_force

§ 1093. Short title. This title may be cited as the "Monroe County\nWater Authority Act."\n
N.Y. PBH Law § 381 — New York Code / Act PBH / Article 3 / Title 5 / Section 381
State park health district; board of health; membership
Status: in_force

§ 381. State park health district; board of health; membership.  Upon\nthe making and filing of an order by the commissioner creating and\nestablishing a state park health district pursuant to section three\nhundred eighty of this chapter, the local board of health of such\ndistrict shall consist of the park commission, and ex officio, the state\ncommissioner of health or his duly authorized representative.\n
N.Y. RPT Law § 980 — New York Code / Act RPT / Article 9 / Title 5 / Section 980
Tax statements and receipts to show nature and amount of local assistance by state
Status: in_force

§ 980. Tax statements and receipts to show nature and amount of local\nassistance by state.  1. Notwithstanding any general, special or local\nlaw, every statement and receipt issued by any public officer or\nemployee for taxes levied upon real property by or for a municipal\ncorporation shall set forth in the manner prescribed by the comptroller\nthe amount of local assistance which it is estimated such municipal\ncorporation will receive from the state within the fiscal year for which\nsuch taxes are levied, as such local assistance is defined in section\ntwo of the state finance law.\n  2. It shall be the duty of the chief fiscal officer of each municipal\ncorporation to certify to the collecting officer, the amount of such\nestimated local assistance. The cost of furnishing the information\ndescribed in this section shall be deemed a part of the cost of such\nstatement or receipt.\n  3. Failure to state the amount of local assistance as provided in this\nsection shall not in any manner affect the validity of the taxes or the\npenalties imposed by law in respect thereto.\n  4. The provisions of this section shall not apply to statements of, or\nreceipts for, omitted taxes, returned taxes or to taxes levied for prior\nfiscal years.\n
N.Y. ENV Law § 15-0507 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0507
Structures impounding waters; structures in waters; responsibility of owner; inspection
Status: in_force

§ 15-0507. Structures impounding waters; structures in waters;\n             responsibility of owner; inspection.\n  1. Any owner of a dam or other structure which impounds waters shall\nat all times operate and maintain said structure and all appurtenant\nstructures in a safe condition. As used in this section and section\n71-1109 of this chapter, "owner" means any person or local public\ncorporation who owns, erects, reconstructs, repairs, maintains or uses a\ndam or other structure which impounds waters. The commissioner may\npromulgate regulations requiring any owner to prepare and implement a\nsafety program for such dam or structure as necessary to safeguard life,\nproperty or natural resources. Regulations governing the safety program\nmay include requirements for inspections, monitoring, maintenance and\noperation, emergency action planning, response and prevention of\nterrorism and cyber terrorism, financial security, recordkeeping and\nreporting or any other requirement the commissioner deems necessary to\nsafeguard life, property or natural resources. Such requirement shall\nonly apply to those dams or other structures that impound waters which\npose, in the event of failure, a threat of personal injury, substantial\nproperty damage or substantial natural resource damage.\n  2. Whenever in the judgment of the department public safety requires,\nthe department shall investigate dams and other structures impounding\nwaters in the state, and docks, piers and wharves extending into such\nwaters.\n  3. In addition to any other power set forth in this chapter, including\nthe power to issue an order pursuant to section 71-0301 of this chapter,\nthe department shall have the power, whenever in the judgment of the\ndepartment it may be necessary to safeguard life or property or to\nprotect the natural resources of the state, after hearing on due notice,\nto issue an order, setting forth the findings of fact and conclusions\ntherefrom, directing any owner:\n  a. to conduct studies, investigations and analyses necessary to\nevaluate the safety of the structure, including but not limited to\nvisual inspections, measurements, foundation exploration and testing,\nmaterials testing, hydraulic and hydrologic analyses, structural\nstability analyses and seepage investigations; and\n  b. to either remove the said structure or to erect, reconstruct or\nrepair the same within such reasonable time and in such manner as shall\nbe specified in said order.\n  It shall be the duty of every such owner to obey, observe and comply\nwith such order and with the conditions therein prescribed. The\nprovisions of title 9 of this article with respect to administrative\nprocedures shall be applicable to hearings under this section.\n  4. It shall be unlawful for any owner to fail, omit or neglect to\ncomply with such order within a reasonable time as designated by the\ndepartment.\n  5. Upon the violation of any such order, the department shall have\npower to enter upon the lands and waters where such structures are\nlocated for the purpose of removing, repairing or reconstructing the\nsame and to take such other and further precautions which it may deem\nnecessary to safeguard life or property or protect the natural resources\nof the state against danger occasioned by the presence of such\nstructures. In removing, repairing and reconstructing such structures or\nother properties so affected the department shall not deviate from the\nmethod, manner and specifications contained in the original order.\n  6. The department shall certify the amount of the costs and expenses\nincurred by the department and any state departments for the removal,\nrepair or reconstruction aforesaid in any wise connected therewith to\nthe county legislative body of the county or counties in which the said\nlands and waters are located, whereupon it shall be the duty of such\ncounty legislative body of each county to add the amount so certified to\nthe assessment rolls of such locality or localities as a charge against\nthe real property upon which the dam, dock or other structure is\nlocated, designated or described by the department as chargeable\ntherewith, and to issue its warrant or warrants for the collection\nthereof. Thereupon it shall become the duty of such locality or\nlocalities through their proper officers to collect the amount so\ncertified in the same manner as other taxes are collected in such\nlocality or localities and when collected to pay the same to the\ndepartment, who shall thereupon, pay the same into the State Treasury.\nAny amount so levied shall thereupon become and be a lien upon the real\nproperty affected thereby to the same extent as any tax levy becomes and\nis a lien thereon. The department may also assert other rights of\nrecovery as may exist by law for such costs and expenses incurred.\n
N.Y. GOB Law § 5-515 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-515
Borrower bringing an action need not offer to repay
Status: in_force

§ 5-515. Borrower bringing an action need not offer to repay.\nWhenever any borrower of money, goods or things in action, shall begin\nan action for the recovery of the money, goods or things in action taken\nin violation of the foregoing provisions of this title, it shall not be\nnecessary for him to pay or offer to pay any interest or principal on\nthe sum or thing loaned; nor shall any court require or compel the\npayment or deposit of the principal sum or interest, or any portion\nthereof, as a condition of granting relief to the borrower in any case\nof usurious loans forbidden by the foregoing provisions of this title.\n
N.Y. ENV Law § 56-0515 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0515
Access to sites
Status: in_force

§ 56-0515. Access to sites.\n  The department, by and through the commissioner, shall be authorized\nto:\n  1. Require that any person permit a duly designated officer or\nemployee of the department or of a municipal corporation, or any agent,\nconsultant, or contractor of the department or of a municipal\ncorporation, so authorized in writing by the commissioner, to enter upon\nany property which has or may have a contamination on such property,\nand/or areas near such property, for the following purposes:\n  (a) To inspect and take samples of such contaminate and/or\nenvironmental media, utilizing such sampling methods as may be necessary\nor appropriate, including without limitation soil borings and monitoring\nwells; provided that no sampling methods involving the substantial\ndisturbance of the ground surface of such property may be utilized until\nafter a minimum of ten days' written notice thereof shall have been\nprovided to the owner and operator and occupant of such property, if\nidentifiable by reasonable efforts, unless the commissioner makes a\nwritten determination that such notice will not allow the protection of\nthe public health or the environment, in which case two days' written\nnotice shall be sufficient;\n  (b) To implement the cleanup, removal, remediation, or restoration of\ncontamination and/or environmental media; provided that no such work may\nbe undertaken until after a minimum of ten days' written notice thereof\nshall have been provided to the owner and operator and occupant of such\nproperty, if identifiable by reasonable efforts, unless the commissioner\nmakes a written determination that such notice will not allow the\nprotection of the public health or the environment, in which case two\ndays' written notice shall be sufficient.\n  2. (a) Require that any person furnish to the department, in a form\nand manner as prescribed by the department, information relating to the\ncurrent and past contamination generation, treatment, storage, disposal,\nand/or transportation activities of such person or any other person now\nor formerly under the control of such person; in the event such person\ncannot comply therewith, in whole or in part, such person shall furnish\nto the department information describing all efforts made by such person\nto comply therewith; any information so furnished to the department\nshall be considered a "written instrument" as defined in subdivision\nthree of section 175.00 of the penal law;\n  (b) Require that any person permit a duly designated officer or\nemployee of the department at all reasonable times to have access to and\nto copy all books, papers, documents, and records relating to the\ncurrent and past contamination generation, treatment, storage, disposal,\nand/or transportation activities of such person or any person now or\nformerly under the control of such person;\n  (c) Require, by subpoena issued in the name of the department, the\nproduction of books, papers, documents, and other records, and the\nrendition of testimony by deposition under oath of any person relating\nto the current and past contamination generation, treatment, storage,\ndisposal, and/or transportation activities of such person or any person\nnow or formerly under the control of such person; such subpoenas and\ndepositions shall be regulated by the civil practice law and rules; the\ncommissioner may invoke the powers of the supreme court of the state of\nNew York to compel compliance therewith.\n
N.Y. RSS Law § 43 — New York Code / Act RSS / Article 2 / Title 5 / Section 43
Transfer of members between systems
Status: in_force

§ 43. Transfer of members between systems. a. Notwithstanding any\nother provision of law providing for transfers, any member of any\nretirement system maintained by the state or a municipality thereof,\noperating on a sound financial basis and subject to the supervision of\nthe department of financial services of this state may transfer his\nmembership pursuant to this section to the New York state and local\nemployees' retirement system, the New York city board of education\nemployees' retirement system, the New York state teachers' retirement\nsystem, the New York city teachers' retirement system or to the New York\ncity employees' retirement system. Any member of the New York state and\nlocal employees' retirement system may transfer his membership to any\nretirement system, other than the hospital retirement system, which is\noperating on a sound basis and is subject to the supervision of the\ndepartment of financial services of this state. Any such transfer may be\neffectuated only if the member has accepted a position in another branch\nof the state or municipal service which would make it:\n  1. Impossible for him to continue in the retirement system of which he\nhas been a member, and\n  2. Possible for him to participate in another such system.\n  Notwithstanding the foregoing provisions of this subdivision, any\nemployee who would be eligible to avail himself or herself of the\nprovisions of this section but for being on leave of absence status from\na prior employment while in his or her present employment, shall be\npermitted to transfer his or her retirement system membership pursuant\nto the provisions of this section.\n  Any member of the New York state and local employees' retirement\nsystem, however, who was an employee of any city agency at the time\nservice with such agency was legislated to be city service may transfer\nhis membership to the retirement system of such city.\n  b. In order to effect such a transfer, a member must give notice to\nthe administrative head of the retirement system of which he or she is a\nmember, prior to his or her withdrawal therefrom, of his or her\nintention to enter such other retirement system. A person so\ntransferring from one retirement system to another shall be deemed to\nhave been a member of the system to which he or she has transferred\nduring the entire period of membership service credited to him or her in\nthe system from which he or she has transferred. Such transferee,\nhowever, shall not receive more than three per cent interest on his or\nher contributions and accumulated contributions unless he or she has\ncontinuously been a member in either the system from which or to which\nhe or she is transferring since a date prior to July first, nineteen\nhundred forty-three. This shall not be construed to prevent a change in\nthe interest rate to such member if the interest rate payable to other\nmembers of the system to which he or she has transferred is changed. Any\nmember who heretofore transferred from one retirement system to another\nshall, commencing with the effective date of chapter nine hundred three\nof the laws of nineteen hundred fifty-seven, be entitled to the same\nrights, privileges and benefits, and shall be subject to the same\nobligations, as a transferee who thereafter transfers. He or she shall\nreceive no credit for prior service, except as hereinafter provided. He\nor she shall be permitted to deposit in the second retirement system the\ntotal amount of his contributions withdrawn from the first retirement\nsystem.\n  c. Upon the request for a transfer of credit, the reserve on such\nmember's benefits, computed as though he had not discontinued\nmembership, shall be determined by the actuary of the first system in\nthe following manner:\n  1. The total present value of all benefits allowable under the\nretirement system as the result of contributions made or to be made by\nhis employer shall be computed.\n  2. From such total present value there shall be deducted the present\nvalue of the future contributions which would be payable by his employer\non such member's account had he become a member of the retirement\nsystem, subsequent to its establishment, at the age at which he\noriginally entered the service of his employer. The result so obtained\nshall be considered as the reserve on his account in the first\nretirement system.\n  d. Such reserve shall be transferred from the appropriate fund or\nfunds of the first system to the appropriate fund or funds of the second\nsystem. Such member, thereupon, shall be given such status and credited\nwith such service in the second retirement system as he was allowed in\nthe first retirement system. Such contributor, notwithstanding any other\nprovision of law, shall on retirement be entitled to a pension based on\nsalary earned during member service in both retirement systems together,\npursuant to the statutory requirements of the second retirement system.\n  e. The provisions of former subdivision e of this section, as\noriginally enacted by chapter four hundred eighty-three of the laws of\nnineteen hundred forty-five and as codified in such former subdivision e\nby chapter eight hundred forty-one of the laws of nineteen hundred\nforty-seven, shall apply only to memberships transferred prior to July\nfirst, nineteen hundred forty-nine. Section one hundred seventeen of\nthis article shall apply to the provisions of this subdivision insofar\nas such provisions relate to such memberships.\n  f. 1. A "New York city member", as defined in subdivision twenty of\nsection two hundred forty-three of the military law, who shall transfer\nto another retirement system pursuant to this section shall be given\ncredit, upon such transfer, for the period of military duty to which\nsuch member would have been entitled pursuant to such subdivision twenty\nif he had remained, until the time of death or retirement, in the\nretirement system from which he shall so transfer. The amount of\nreserves to be transferred under this section for such credit shall be\ncomputed in accordance with this section, shall include pension reserves\nfor such military duty, and shall be credited by the retirement system\nto which the member shall transfer in accordance with the provisions of\nsuch system governing credit for service in world war II, and the city\nof New York, or the authority, by which such member is employed\nimmediately prior to the transfer, shall pay to the retirement system\nthe amount of the reserve to be transferred on account of such military\nservice.\n  2. Any retirement system from which a member shall transfer pursuant\nto this subdivision shall have the right to require reasonable proof of\nmilitary service, pay status, and any other information relevant to\neligibility for such transfer of credit for military duty.\n  3. The provisions of this subdivision f shall apply only to a "New\nYork city member" who has rendered service as an officer or employee of\nthe city of New York (or any agency thereof) or public corporation, the\nofficers or employees of which are eligible for membership in a pension\nor retirement system maintained by such city, including performance of\nsuch military duty, for at least fifty per centum of the time between\nhis commencement of such service and the date upon which he has attained\nor shall attain age fifty-five.\n  h. Notwithstanding any other provisions of the law, a former member of\nthe New York state teachers' retirement system who holds membership in\nthe New York city teachers' retirement system on the effective date of\nthis act and who would have been entitled to transfer service credit to\nsuch latter retirement system pursuant to this section had his\nmembership in the former retirement system not terminated, due to no\nnegligence on the part of the member, may have his transfer rights under\nthis section restored by depositing, within one year of the effective\ndate of this act, in the former retirement system an amount equal to the\ncontributions withdrawn from such system with regular interest thereon.\n  j. This subdivision shall apply only to individuals who, subsequent to\nvesting in a retirement system, transfer to a second retirement system\nwhose governing laws require a greater number of years of credit for\nvesting than those of the first system, and who, upon such transfer, do\nnot have the number of years of service credit that is ordinarily\nrequired to vest in such second retirement system.\n  1. Upon transfer, the number of years of service credit required for\nthe transferred individual to attain vested rights in the second\nretirement system shall be the same as the number of years of service\ncredit required, under applicable law, for vesting in the first\nretirement system.\n  2. In the event that an individual covered by this subdivision makes\napplication to retire from such second system prior to attaining the\namount of service credit that would otherwise be necessary to vest in\nsuch second retirement system, and such individual is otherwise eligible\nto retire from such second system, the application shall be granted, and\nbenefits shall be calculated on the basis of the actual amount of\nservice credit the individual has accrued at the time of retirement.\nTransferred service credit shall not be creditable under any plan in the\nsecond retirement system that it would not otherwise be creditable\nunder.\n  k. Notwithstanding any other provision of this section, any member of\nthe New York state and local employees' retirement system or the New\nYork city teachers' retirement system who retired from service from\neither the New York city employees' retirement system or the New York\ncity board of education retirement system as a member of the career\npension plan maintained by such system and who, but for the fact that he\nor she retired, would be eligible for transfer and who has not, in fact,\nreceived a pension payment from such system shall be permitted to\ntransfer his or her retirement system membership pursuant to the\nprovisions of this section. In such event, the application for\nretirement shall be deemed to have been rescinded and the retirement\nsystem from which the service shall be transferred shall transfer the\nappropriate reserves as provided by this section, provided, however,\nthat with respect to transfers pursuant to this subdivision which occur\non or after the effective date of the chapter of the laws of two\nthousand twenty-three that amended this subdivision, except for the\npurposes of providing the benefits, if any, of subdivision four of\nsection five hundred twenty-two of the education law, no determination\nof a reserve pursuant to subdivision c of this section or transfer\nthereof pursuant to the first sentence of subdivision d of this section\nshall be required in the case of any transfer pursuant to this\nsubdivision with less than ten years of credited service with the\ntransferring retirement system at the time the transfer is initiated.\nWith respect to transfers pursuant to this section which occur on or\nafter the effective date of the chapter of the laws of two thousand\ntwenty-three that amended this subdivision, the transfer of a pension\nreserve shall be required when the member is transferring ten or more\nyears of credited service from a public retirement system of the state\nto any other public retirement system of the state, excluding any\ntransfers within and between the New York city employees' retirement\nsystem, the New York city teachers' retirement system and the New York\ncity board of education retirement system. Notwithstanding the provision\nof this subdivision or any other provision of law, an individual who\ntransfers pursuant to this subdivision shall not be required to render\nany minimum period of service following transfer in order to be eligible\nto receive the full benefit provided hereunder. Notwithstanding the\nforegoing, a retiree covered by either the career pension plan or the\nfifty-five-year-increased-service-fraction plan who has received a\npension payment or payments from such system shall be eligible for the\nprovisions of this subdivision upon payment, to the retirement system\nfrom which the pension payment or payments were made, of an amount equal\nto such pension payment or payments. After such payments and the pension\nreserve, in the case of a member who transfers in ten or more years of\ncredited service, except when transferring within and between the New\nYork city employees' retirement system, the New York city teachers'\nretirement system and the New York city board of education retirement\nsystem, are received, such person shall be permitted to transfer his or\nher retirement system membership pursuant to the provisions of this\nsection.\n  l. Notwithstanding any other provision of law to the contrary, with\nrespect to transfers pursuant to this section which occur on or after\nthe effective date of the chapter of the laws of two thousand\ntwenty-three that amended this subdivision, except for the purposes of\nproviding the benefits, if any, of subdivision four of section five\nhundred twenty-two of the education law, no determination of a reserve\npursuant to subdivision c of this section or transfer thereof pursuant\nto the first sentence of subdivision d of this section shall be required\nin the case of any transfer pursuant to this section with less than ten\nyears of credited service with the transferring retirement system at the\ntime the transfer is initiated. With respect to transfers pursuant to\nthis section which occur on or after the effective date of the chapter\nof the laws of two thousand twenty-three that amended this subdivision,\nthe transfer of a pension reserve shall be required when the member is\ntransferring ten or more years of credited service from a public\nretirement system of the state to any other public retirement system of\nthe state, excluding any transfers within and between the New York city\nemployees' retirement system, the New York city teachers' retirement\nsystem and the New York city board of education retirement system. For\nthe purpose of giving the transferring member such status and crediting\nsuch service in the second retirement system as such member was allowed\nin the first retirement system in those cases to which this subdivision\nshall apply, the transfer shall be deemed complete upon receipt by the\nsecond retirement system of:\n  1. a statement from the first retirement system of the transferring\nmember's date of membership in the first retirement system, tier status,\nservice credited to such membership being transferred, and such other\ninformation as the second retirement system may require to effectuate\nthe transfer;\n  2. such member's accumulated contributions from the first retirement\nsystem, if same had not been previously withdrawn, or notice from the\nfirst retirement system that such member had no accumulated\ncontributions, or notice from the first retirement system that such\nmember's accumulated contributions had been withdrawn and the amount\nthereof and, as applicable, receipt from such member of such member's\naccumulated contributions and interest; and\n  3. the pension reserve in the case of a member who transfers in ten or\nmore years of credited service, except when transferring within and\nbetween the New York city employees' retirement system, the New York\ncity teachers' retirement system and the New York city board of\neducation retirement system.\n
N.Y. VAT Law § 509-K — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-K
Ill or fatigued operator
Status: in_force

* § 509-k. Ill or fatigued operator. No driver shall operate a bus and\na motor carrier shall not permit a driver to operate a bus while the\ndriver's ability or alertness is so impaired, or so likely to become\nimpaired, through fatigue, illness or any other cause, as to make it\nunsafe for him to begin or continue to operate the bus. At the request\nof the driver or the motor carrier such illness, fatigue, or other cause\nshall be certified by a qualified physician. However, in a case of grave\nemergency where the hazard to occupants of the bus or other users of the\nhighway would be increased by compliance with this section, the driver\nmay continue to operate the bus to the nearest place at which that\nhazard is removed.\n  * NB Effective until August 25, 2026\n  * § 509-k. Ill or fatigued operator. No driver shall operate a bus and\na motor carrier shall not permit a driver to operate a bus while the\ndriver's ability or alertness is so impaired, or so likely to become\nimpaired, through fatigue, illness or any other cause, as to make it\nunsafe for such driver to begin or continue to operate the bus. At the\nrequest of the driver or the motor carrier such illness, fatigue, or\nother cause shall be certified by a qualified physician or nurse\npractitioner. However, in a case of grave emergency where the hazard to\noccupants of the bus or other users of the highway would be increased by\ncompliance with this section, the driver may continue to operate the bus\nto the nearest place at which that hazard is removed.\n  * NB Effective August 25, 2026\n
N.Y. VAT Law § 509-F — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-F
Record of violations
Status: in_force

§ 509-f. Record of violations. Each motor carrier shall, at least once\nevery twelve months, require each bus driver it employs to prepare and\nfurnish it with a list of all violations of motor vehicle traffic laws\nand ordinances (other than violations involving only parking) of which\nthe driver has been convicted or on account of which he has forfeited\nbond or collateral and all accidents of a nature or type set forth in\nsection five hundred nine-a of this article in which the driver was\ninvolved during the preceding twelve months whether such violations or\naccidents occurred in this state or elsewhere. Such information shall be\nrecorded in the employer's record.\n
N.Y. EDN Law § 3620 — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3620
Application
Status: in_force

§ 3620. Application.  Part two of this article applies to all school\ndistricts which receive a quota for the transportation of pupils.  It is\nnot intended by any provision in part two of this article to change or\nmodify in any manner the provisions of this chapter providing and\ngranting transportation to all children irrespective of the school they\nlegally attend.\n
N.Y. ENV Law § 21-0517 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0517
Report and recommendations
Status: in_force

§ 21-0517. Report and recommendations.\n  The commission shall keep accurate accounts of all receipts and\ndisbursements and shall report to the Governor and the legislature of\nthis state on or before the twenty-fifth day of January in each year,\nsetting forth in detail the transactions conducted by it and shall make\nrecommendations for any legislative action deemed by it advisable,\nincluding amendments to the statutes of the signatory states which may\nbe necessary to carry out the intent and purposes of the compact.\n
N.Y. EDN Law § 3640 — New York Code / Act EDN / Title 5 / Article 73 / Part 4 / Section 3640
Application
Status: in_force

§ 3640. Application.  Part IV of this article shall apply to the\napportionment of public moneys for certain special apportionments and\ngrants-in-aid to school districts that are payable to the special aid\nfund of the school district, and for certain grants-in-aid to other\nentities.\n
N.Y. PBH Law § 3367 — New York Code / Act PBH / Article 33 / Title 5-A / Section 3367
Evaluation; research programs; report by department
Status: in_force

* § 3367. Evaluation; research programs; report by department. 1. The\ncommissioner may provide for the analysis and evaluation of the\noperation of this title. The commissioner may enter into agreements with\none or more persons, not-for-profit corporations or other organizations,\nfor the performance of an evaluation of the implementation and\neffectiveness of this title.\n  2. The department may develop, seek any necessary federal approval\nfor, and carry out research programs relating to medical use of\nmarihuana.  Participation in any such research program shall be\nvoluntary on the part of practitioners, patients, and designated\ncaregivers.\n  3. The department shall report every two years, beginning two years\nafter the effective date of this title, to the governor and the\nlegislature on the medical use of marihuana under this title and make\nappropriate recommendations.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. PBH Law § 3362 — New York Code / Act PBH / Article 33 / Title 5-A / Section 3362
Lawful medical use
Status: in_force

* § 3362. Lawful medical use. 1. The possession, acquisition, use,\ndelivery, transfer, transportation, or administration of medical\nmarihuana by a certified patient or designated caregiver possessing a\nvalid registry identification card, for certified medical use, shall be\nlawful under this title; provided that:\n  (a) the marihuana that may be possessed by a certified patient shall\nnot exceed a thirty day supply of the dosage as determined by the\npractitioner, consistent with any guidance and regulations issued by the\ncommissioner, provided that during the last seven days of any thirty day\nperiod, the certified patient may also possess up to such amount for the\nnext thirty day period;\n  (b) the marihuana that may be possessed by designated caregivers does\nnot exceed the quantities referred to in paragraph (a) of this\nsubdivision for each certified patient for whom the caregiver possesses\na valid registry identification card, up to five certified patients;\n  (c) the form or forms of medical marihuana that may be possessed by\nthe certified patient or designated caregiver pursuant to a\ncertification shall be in compliance with any recommendation or\nlimitation by the practitioner as to the form or forms of medical\nmarihuana or dosage for the certified patient in the certification; and\n  (d) the medical marihuana shall be kept in the original package in\nwhich it was dispensed under subdivision twelve of section thirty-three\nhundred sixty-four of this title, except for the portion removed for\nimmediate consumption for certified medical use by the certified\npatient.\n  2. Notwithstanding subdivision one of this section:\n  (a) possession of medical marihuana shall not be lawful under this\ntitle if it is smoked, consumed, vaporized, or grown in a public place,\nregardless of the form of medical marihuana stated in the patient's\ncertification.\n  (b) a person possessing medical marihuana under this title shall\npossess his or her registry identification card at all times when in\nimmediate possession of medical marihuana.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. ENV Law § 51-0503 — New York Code / Act ENV / Article 51 / Title 5 / Section 51-0503
Definitions
Status: in_force

§ 51-0503. Definitions.\n  As used in this title, the following terms shall include and mean:\n  1. "Air quality improvement project." a. The upgrading of an existing\nincinerator, furnace or boiler and appurtenances thereto owned and\noperated by the state or a municipality, or\n  b. The establishment of a solid waste recovery and management project,\nas defined in subdivision two of section 51-0903 of this article, which\ndirectly enables permanent closure of an incinerator that is operating\nin a manner not in compliance with applicable air pollution control\nregulations and which project in all other respects qualifies for state\nassistance pursuant to title nine of this article.\n  2. "Cost." The cost of upgrading including the cost of all systems,\nfacilities, machinery and equipment, engineering and architectural\nservices, plans and specifications, consultant and legal services, and\nother direct expenses incident to such upgrading less any federal\nassistance received or to be received.\n  3. "Municipality." A city, county, town, village or school district or\nan improvement district within a city, county, town or village, or any\ncombination thereof.\n  4. "Upgrading." Construction, reconstruction, renovation, or other\nprocess or activity necessary to insure that an existing incinerator or\nfurnace or boiler meets air quality emission standards promulgated by\nthe commissioner.\n
N.Y. SOS Law § 410-S — New York Code / Act SOS / Article 6 / Title 5-B / Section 410-S
State reimbursement
Status: in_force

§ 410-s. State reimbursement. 1. The commissioner shall allocate\nannually any state funds, including any available federal funds,\nappropriated for such purposes among the agencies approved for funding\npursuant to this title. The commissioner shall allocate such funds\npursuant to a statewide formula developed by the department, which shall\nbe based upon the relative numbers of children, children in working\nfamilies, and children in low income families in each county, as defined\nby the department for this purpose.  The commissioner shall notify the\nlegislature prior to the implementation of any change or adjustment in\nthe formula.\n  2. As a condition of receiving funds pursuant to this section, the\nchild care resource and referral program shall demonstrate that it is\nreceiving or has an agreement to receive funds, from sources other than\nthe department pursuant to this title. Funds other than those paid by\nthe department pursuant to this title may come from any other source,\nincluding but not limited to the department or other state agencies,\nfederal programs such as the United States department of agriculture\nchild care food program, local agencies, employers or community\norganizations, so long as such funds are for reasonably related\nservices. To continue to receive funds pursuant to this section, such\nresource and referral program must demonstrate to the commissioner that\nit has secured funds or commitments from other sources or that\nextraordinary circumstances exist which preclude the securing of such\nfunds.\n  3. All applications approved by the commissioner shall include a\ncommitment to use appropriate accounting and fiscal control procedures\nwhich shall include the filing of an annual financial statement which\nhas been audited as required by the department so as to ensure:\n  (a) the proper disbursement and accounting for funds received; and\n  (b) appropriate written records regarding the population served and\ntype and extent of services rendered.\n
N.Y. ENV Law § 11-0523 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0523
Destructive or menacing wildlife; taking without permit
Status: in_force

§ 11-0523. Destructive or menacing wildlife; taking without permit.\n  1. Owners and lessees and members of their immediate families actually\noccupying or cultivating lands, and persons authorized in writing and\nactually employed by them in cultivating such lands, may take (a)\nunprotected wildlife other than birds and (b) starlings, common crows\nand, subject to section 11-0513, pigeons, when such wildlife is injuring\ntheir property or has become a nuisance thereon. Such taking may be done\nin any manner, notwithstanding any provision of the Fish and Wildlife\nLaw, except section 11-0513, or the Penal Law or any other law.\n  2. Any bear killing or worrying livestock on land occupied or\ncultivated, or destroying an apiary thereon, may be taken or killed, at\nany time, by shooting or device to entrap or entice on such land, by the\nowner, lessee or occupant thereof, or any member of the owner's,\nlessee's or occupant's immediate family or by any person employed by\nsuch owner, lessee or occupant. The owner or occupant of such lands\nshall promptly notify the nearest environmental conservation officer and\ndeliver to such officer the carcass of any bear killed pursuant to this\nsubdivision. The environmental conservation officer shall dispose of the\ncarcass as the department may direct.\n  3. Red-winged blackbirds, common grackles and cowbirds destroying any\ncrop may be killed during the months of June, July, August, September\nand October by the owner of the crop or property on which it is growing\nor by any person in his employ.\n  4. Varying hares, cottontail rabbits and European hares which are\ninjuring property on occupied farms or lands may be taken thereon, at\nany time, in any manner, except by the use of ferrets, fitch-ferrets or\nfitch, by the owners or occupants of such farms or lands or by a person\nauthorized in writing by them and actually employed by them in\ncultivating such farm lands.\n  5. Skunks injuring property or which have become a nuisance may be\ntaken at any time in any manner.\n  6. Raccoons, muskrats, coyotes or fox injuring private property may be\ntaken by the owner, occupant or lessee thereof, or an employee or family\nmember of such owner, occupant or lessee, at any time in any manner.\n  7. Whenever black, grey and fox squirrels, opossums or weasels are\ninjuring property on occupied farms or lands or dwellings, they may be\ntaken at any time in any manner, by the owners or occupants thereof or\nby a person authorized in writing by such owner or occupant.\n  8. No license or permit from the department is required for any taking\nauthorized by this section.\n  9. Varying hares, cottontail rabbits, skunks, black, grey and fox\nsquirrels, raccoons, muskrats, opossums or weasels taken pursuant to\nthis section in the closed season or in a manner not permitted by\nsection 11-0901 shall be immediately buried or cremated. No person shall\npossess or traffic in such skunks or raccoons or the pelts thereof or in\nsuch varying hares or cottontail rabbits or the flesh thereof.\n
N.Y. VAT Law § 523-B — New York Code / Act VAT / Title 5 / Article 21 / Section 523-B
Experimental driver safety programs
Status: in_force

§ 523-b. Experimental driver safety programs. The commissioner may\nstudy the feasibility of programs to improve driver behavior, attitude,\nperformance or skills in order to reduce motor vehicle accidents and\ntraffic violations, and to promote highway safety. He shall have the\nauthority to establish such programs on a limited, experimental basis in\norder to assist in such feasibility study provided any such program is\nfunded by any source other than state funds, or if any such program is\nto be funded with state funds, then he may establish such program only\nwith the approval of the director of the division of the budget.\n
N.Y. ENV Law § 54-0513 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0513
Powers and duties of the commissioner
Status: in_force

§ 54-0513. Powers and duties of the commissioner.\n  In administering the provisions of this title the commissioner:\n  1. shall make an itemized estimate of funds or appropriations\nrequested 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, state assistance payments and loans toward the costs\nof an approved project. Such contracts shall be subject to approval by\nthe state comptroller and, as to form, by the attorney general;\n  3. shall approve vouchers for the payments pursuant to an approved\ncontract. All such payments shall be paid on the audit and warrant of\nthe state comptroller; and\n  4. 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. VAT Law § 508 — New York Code / Act VAT / Title 5 / Article 19 / Section 508
Administrative procedures
Status: in_force

§ 508. Administrative procedures. 1. The commissioner shall appoint\nagents to act in his behalf with respect to the acceptance of\napplications and the issuance of licenses and permits prescribed in this\narticle, and he may prescribe the internal procedures to be followed by\nsuch agents with respect to such matters.\n  2. Any application required to be filed under this article shall be in\na manner and on a form or forms prescribed by the commissioner. The\napplicant shall furnish all information required by statute and, except\nas otherwise provided in this title, such other information as the\ncommissioner shall deem appropriate.\n  3. License record. The commissioner shall keep a record of every\nlicense issued which record shall be open to public inspection during\nreasonable business hours. Provided, however, that the following\ninformation whenever contained within the record of non-commercial\ndrivers' licenses and learners' permits shall not be open to public\ninspection: the photo image, social security number, client\nidentification number, name, address, telephone number, place of birth,\ncountry of origin, place of employment, school or educational\ninstitution attended, source of income, status as a recipient of public\nbenefits, the customer identification number associated with a public\nutilities account, medical information or disability information of any\nholders of, or applicants for, such licenses and permits, and whether\nsuch licenses or permits meet federal standards for identification or do\nnot meet federal standards for identification. Neither the commissioner\nnor his agent shall be required to allow the inspection of an\napplication, or to furnish a copy thereof, or information therefrom,\nuntil a license has been issued thereon.\n  4. The commissioner may promulgate regulations with respect to the\nadministration of the provisions of this article.\n  5. The commissioner is directed to develop license application and\nrenewal forms which shall solicit a voluntary one dollar donation from\npersons applying for or renewing a driver's license at the time of such\napplication or renewal. Of monies collected pursuant to this\nsubdivision, the first one hundred fifty thousand dollars shall be\nretained by the department to offset its initial program costs.\nSubsequently, five percent of any monies collected pursuant to this\nsubdivision shall be retained by the department for continuing\nadministrative costs. The remainder of such monies collected pursuant to\nthis subdivision shall be deposited in the life pass it on trust fund\nestablished pursuant to section ninety-five-d of the state finance law,\nas added by chapter four hundred fifteen of the laws of two thousand\nthree.\n  6. The commissioner, in consultation with the commissioner of the\ndepartment of veterans' services, is directed to establish a process by\nwhich the department shall refer driver's license and non-driver\nidentification card applicants requesting and obtaining a notation upon\nsuch license or non-driver identification card that such applicant is a\nveteran of the United States armed forces pursuant to subdivision three\nof section four hundred ninety of this chapter or subdivision one of\nsection five hundred two of this article, upon such applicant's request,\nto the department of veterans' services, consistent with the provisions\nof section seven of the veterans' services law.\n  * 7. The commissioner is directed to establish a process by which the\ndepartment shall refer driver's license and non-driver identification\ncard applicants who consent to having their information shared with the\nC.W. Bill Young Cell Transplantation Program established in 42 U.S.C.\nSection 274k or the national marrow donor program ("registry operator")\nfor the purposes of receiving information from the registry operator\nabout enrolling as a potential volunteer bone marrow or blood cell donor\non the national registry. The commissioner is directed to further amend\nthe public website of the department to include a link to access\npublicly available information about the registry operator.\n  * NB Effective January 1, 2028\n